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Vol 20, No 1 (2024)
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THE TOPICAL ISSUES OF INTERNATIONAL RELATIONS

3-11 272
Abstract

Introduction. The article examines the modern understanding of democracy as a religious belief system. New technologies and globalization open up opportunities to influence all spheres of society, which makes it possible to impose ethical standards and moral ideals through political technologies and propaganda. Understanding democracy as a new kind of religion allows us to get a full-fledged view of all key elements of the current culture of the modern world, which determines the main semantic content of global revolutionary transformations. Its consideration in the spiritual dimension is an additional vector for the study of social and political processes of globalization. Taking into account the increasing of tensions in the global political arena and the deepening interdependence of all international actors, such an approach can play an important role in their analysis and forecasting. The object of study is democracy; the subject of the study is the specifics of the modern vision of democracy, democratic values and ideals as a special form of religious cult. The purpose of the study is to identify the role of democracy, its new moral values and guidelines in the context of global revolutionary transformations.
Materials and methods. The methodological basis of the study was following general scientific and special methods: method of system analysis; historical-genetic method; phenomenological method; analytical method; historical method; contextual analysis and formal logical research methods.
Research results. The authors analyzed the specifics of the dominant interpretation of democratic values and goals in the context of Western political culture. The main elements of the new system of beliefs, their relationship, evolution and place in the modern world are revealed. The results obtained allow us to conclude that democracy is being transformed into a special form of cult, which has the characteristic features of religious teaching.
Discussion and conclusion. The ideology of people's rule has lost its original meaning, turning into a special cult that serves as an instrument of social management, without taking into account traditional cultures, the diversity of societies and states, and the national identities of peoples. Democracy as a religion without God has become an instrument of the world information agenda, exploiting faith to build a new world order.

LAW IN THE PRESENT-DAY WORLD

12-23 204
Abstract

Introduction. The article analyzes the problems associated with such a modern challenge as legal anomie. And although anomie is studied very actively in philosophy and sociology, this cannot be said about legal science. The authors advocate the creation of a theory of legal anomie, in which they propose to explore its essence, content and structure, and give it a general characteristic. In this regard, the article examines the concept and signs of legal anomie, shows its place and role not only in the legal system, but also in the legal life of society.
Materials and methods. The methodological basis of the research is based on the following general scientific and special methods of cognition of the manifestation of legal anomie in the legal life of modern society: materialistic dialectics, complex and systematic approaches, sociological and statistical, comparative legal and formal legal methods.
The results of the study. Anomalous processes are investigated both in relation to the legal system and in relation to a broader category — the legal life of society. Cognition in this way allowed us to "enter" the shadow component of legal life, which is reinforced by abnormal manifestations. As a result of the analysis, it was revealed that legal anomie can be associated with the refusal to comply not only with established legal, but also with other social norms (political, moral, etc.), which sometimes allows it to transform into a special form — dysnomy. Based on the results of the analysis based on statistical and sociological data, it was revealed that the legal anomie that existed in Russia in the 90s has mostly been overcome, in Western countries (primarily in the USA) it is only "gaining momentum", acting as a significant threat to their development.
Discussion and conclusion. It is proved that legal anomie has a very significant impact on the legal life of society through its legal system. Abnormal processes, being a destabilizing factor for the latter, thereby chaoticize any vital activity, including legal ones. Such a circumstance is one of the signs of legal anomie, because thereby, in terms of content, a number of legal consequences dangerous to society are created: violations of human and civil rights and freedoms, legality and law and order, harmful effects on the consciousness of the individual, etc.  

24-43 458
Abstract

Introduction. The article presents an analysis of the legal and information policy of the state while preserving and strengthening universal and traditional spiritual and moral values, which is a condition for maintaining statehood and strengthening the country's sovereignty, ensuring their information security. The essence of value lies not only in its social, material, moral or spiritual significance, but also in its priority for a person or society. Values determine the order of functioning of the legal system, and traditional spiritual and moral values are their variety. Universal human values, neither the place nor the time of their origin as a concept are known, are today considered as the moral language of centuries of development of world civilization. What makes them universal are their universality, historical stability, constancy, objectivity, universality, universal recognition on a global scale, and a positive connotation with recognition in the format of the general moral principles of humanity. But, unfortunately, in the conditions of globalization, secular-rational values, consumption, and non-traditional self-expression are increasingly opposed to universal human values. Nevertheless, all universal human values necessary for the peaceful coexistence of people, nations, the formation of statehood, still undergo changes along with man, and they require the necessary protection in these processes. Particular attention is focused on the task of Russian society and the state to preserve and strengthen not just any values, but specifically and only traditional Russian spiritual and moral values. They are of key importance for saving the Russian people, preserving the unity of the country, ensuring national interests, state and public security. Spirituality and morality are described in more detail in the article, which influenced the conclusion about the need to consider traditional Russian spiritual and moral values as a legal category. When considering the information security system, the authors propose a new concept: “destructive information impact” with a description of its significance within the framework of the research topic. The main directions of measures of forms and methods of protecting human and traditional Russian spiritual and moral values in the article are called ensuring confidentiality, integrity and accessibility of information. For this purpose, numerous groups of methods are used in practice: organizational, legal and technological, as well as cryptographic, technical, hardware, and software. Since in state policy the list of threats is expanded and specified as much as possible, the article contains measures to counter them. Conclusions are drawn that in Russia, when creating managerial, information, technological, and other systems for protecting various properties of its national values, it is necessary to be a “country of project assembly,” an innovative country. The key tasks in this case for the state-civilization will be: searching and inventing ideas, turning them into achievements; reforming the semantic world of Russian culture; development of new spiritual and moral guidelines. The final part of the article formulates proposals for improving the regulatory legal framework.
Materials and methods. The theoretical and methodological basis of the study was made up of both general scientific and specific scientific methods of cognition. The work actively used methods of systemic, comparative legal analysis, special philosophical and legal research tools, drawing on the results of Russian and foreign research on issues of values and value orientations, and the formation of information security systems.
Results of the study. Based on the results of the analysis, the exceptional importance of universal and domestic traditional Russian spiritual and moral values was revealed, which remain moral guidelines and are passed on from generation to generation, ensuring civil unity. To preserve and strengthen them, to prevent the main threats of destructive ideologies, systematic and at the same time comprehensive work is required, including the active improvement of forms and methods of information management.
Discussion and conclusion. The conclusion is substantiated that ensuring the information security of well–known and newly emerging values for Russia is the concern of many subsequent generations. The main value orientations of Russian culture remain a strong sovereign state, the quality of statehood and a united people.

44-51 971
Abstract

Introduction. The article raises the problem of traditional Russian spiritual and moral values as an object for legal research. The starting point of any scientific research is to clarify the conceptual apparatus of the study, which determines the analysis of the question of the content of the category under consideration. The phenomenon of traditional Russian spiritual and moral values is a subject for interdisciplinary research, which requires borrowing a number of categories from philosophy and social sciences when conducting its theoretical and legal analysis. The legitimization of relations in the field of protection of traditional Russian spiritual and moral values requires primary attention from theoretical jurisprudence to the issue of defining the conceptual content and scope of this concept, which dictates the need for additional research in the field under consideration.
Materials and methods. The methodological basis of the research is based on the following general scientific and special methods of cognition of legal phenomena and processes. Consideration of the nature of traditional Russian spiritual and moral values is carried out within the framework of an interdisciplinary approach, which is combined with the principles of consistency and objectivity of scientific research. The scope and content of traditional Russian spiritual and moral values are investigated through the use of formal-logical and inductive-deductive methods.
Results of the study. As a result of the research, the author's understanding of the concept of traditional Russian spiritual and moral values as an object for legal research is proposed. The internal patterns of functioning of the phenomenon under consideration, as well as external threats that necessitate the use of legal remedies, are revealed.
Discussion and conclusion. Under traditional Russian spiritual and moral values, it is proposed to understand the concentrated expression of the most significant for Russian society and the state, time-tested social practices that are the subject of broad-casting spiritual and moral experience from one generation to another, encroachments on which trigger an irreversible process of disintegration of social matter, degeneration of all social ties.

52-57 188
Abstract

Introduction. The main purpose of the work is to show how the criminal legislation of the Russian Empire has evolved in the matter of the age of a person capable of being responsible or serving the sentences imposed on him. To achieve this goal, the paper analyzes the legislative norms of different eras (before 1845) using the scientific works of pre-revolutionary Russian legal scholars on the subject of the study.
Materials and methods. The methods applied in the course of the study (historical, formal-legal, logical, dialectical) showed that for several centuries in the criminal law of Russia, the age of the person who committed the crime had no legal significance. The situation changed with the adoption of New Proof Articles in 1669, which for the first time established the exact age at which a person could be responsible for what he had done – 7 years. Subsequently, this age changed many times – the legislator then raised it, then restored it.
Results of the study. The analysis showed that, during the period under study, the question of the age of responsibility for crimes was resolved inconsistently, often contradictory.
Discussion and conclusion. The study showed that, most importantly, age was not considered as an independent criminal-legal sign, but only within the framework of the sign of sanity.

58-65 196
Abstract

Introduction. The article is devoted to the analysis of the reasons for the defectiveness of a number of regulations on economic activity in the country. The need to intensify the development of a methodology for the use of digital technologies in rule-making activities is substantiated.
Materials and methods. In the course of writing the work, regulatory materials and works of domestic and foreign authors were used. Techniques of scientific knowledge were used: analysis, synthesis, abstraction, generalizations, analogies and others. The methodological basis of the study was made up of general scientific and special legal methods: systemic-structural, method of dogmatic analysis, method of interpretation of legal norms, method of legal-technical design, comparative legal, formal legal, logical, statistical, etc.
Results of the study. Analysis of the current array of regulatory acts of the Russian Federation made it possible to identify its incomplete compliance with the requirements for building self-consistent management systems.
It has been proven that the main condition for the effective use of digital technologies in rule-making is to ensure that the system of existing regulations in the country is closed from external influence. Ways have been proposed to improve the content of normative acts regulating civil law relations in the context of the introduction of digital technologies into law enforcement and legislative processes.
Discussion and conclusions. The conducted research allows us to draw attention to the conceptual foundations of the transformation of its legal regulation in line with international agreements in this area, as well as critically evaluate the effectiveness of some areas of modern lawmaking.

66-74 185
Abstract

Introduction. The article studies and analyzes legal mechanisms of protection of rights and legitimate interests of private investors in the sphere of online investment based on blockchain technologies, which allow to reduce the level of inconsistency between the requirements of the labor market and the proposals of the higher education market.
Materials and methods. The methodological basis of the study is interdisciplinary and covers different approaches and concepts belonging to the sphere of investment activities, digital economy, including blockchain technologies and specialized digital platforms, legal support of investment transactions, etc. It is based on the concept of development of digital economy in the conditions of the fourth industrial revolution, which is considered in the context of integration of digital technologies into investment processes and related problems of legal support of security of investment transactions in the Internet space. The harmonization of different concepts and approaches within the work is achieved through the methods of analysis and synthesis, as well as the use of a systematic approach, methods of comparative analysis, observation, abstraction, etc.
Results of the study. The paper defines the essence and features of remote investment transactions, as well as their forms, reveals the essence and impact of blockchain technology on economic development and investment, provides examples of remote investment projects based on blockchain technology, characterizes the advantages and risks of remote investment instruments, proposes several mechanisms of legal protection of the interests of private investors using online instruments, substantiates the value and features of the use of smart-contracts as a blockchain technology, and provides a description of the advantages and risks of remote investment instruments. It has been established that in addition to the use of legal instruments for the protection of investment risks, primarily aimed at the use of smart contracts based on blockchain technologies, an important direction for improving the reliability of such transactions and avoiding rash financial and reputational losses is to increase the level of education of private investors. The labor market's demand for increasing the professionalism of individuals using remote investment instruments increases the relevance of educational programs aimed at studying blockchain, smart contracts, remote investment instruments and legal mechanisms for protecting the interests of private investors.
Discussion and conclusion. The scientific and practical significance of the work consists in a comprehensive analysis and characterization of legal mechanisms to protect the rights of individuals investing through remote financial instruments in the Internet space, as well as in determining their advantages and disadvantages. It is substantiated that the main legal instrument for the protection of such investment transactions based on blockchain technology is smart contracts. The potential of smart contracts as instruments of legal protection of investment transactions in remote format is used due to a set of their typical functions, including decentralization, resistance to unauthorized changes, transparency, autonomy, etc.

75-83 146
Abstract

Introduction. Real estate has undoubted investment advantages. Moreover, in a number of countries it is a bridge for simplified obtaining a residence permit or even citizenship. In Russia, the legal regime of immovable property undoubtedly has a number of advantages. The very possibility to have property on the right of private ownership (including land plots) gives owners confidence in the possession and use of real estate. The legislation on real estate is characterized by stability and is less susceptible to change. Low rates of property tax calculated on the cadastral value of the property facilitate the acquisition of real estate. The variety of real estate objects allows citizens and legal entities to own residential and non-residential premises and parking places. With the development of digitalization of state administration, the registration of rights to immovable property has become as simple and accessible as possible, allowing owners to protect their property from fraudulent schemes. Property prices in Russia are steadily rising, which also stimulates investment in this sector.
Whether investments in real estate contribute to obtaining citizenship of the Russian Federation in an accelerated (preferential, facilitated, etc.) manner will be shown in this article.
Materials and methods. This study is based on: 1) the totality of such methods of scientific cognition as: the dialectical method, which allowed to connect the theory of civil and land law and the practice of the Constitutional Court of the Russian Federation; the formal-legal method allowed to analyse legislative norms; the system method allowed to consider the institute of national treatment of foreign citizens in Russia as a system with internal unity and interrelations with other institutions of law (the institute of citizenship, the institute of property rights, etc.); 2) the results of the author's survey of the moderators of My Hectar Programme regarding the demand of foreign citizens for land plots sold under the Programme; 3) analysis of the Decisions of the Constitutional Court of the Russian Federation.
Research results. The study found that in Russia, at the constitutional level, foreign citizens are granted national treatment, exceptions to which are provided for by federal laws. Restrictions on the rights of foreigners are stipulated by a number of federal laws. For example, civil legislation has traditionally prohibited ownership of certain categories of land plots. As a response to western sanctions, in March 2022 a special permissive procedure was introduced for citizens of unfriendly countries to acquire ownership of real estate.
The legislation on citizenship of the Russian Federation does not provide for any privileges for foreigners to obtain citizenship through investments in the country's economy in general, in real estate and business in particular.
Discussion and сonclusion. The Russian Federation policy regarding the rights of foreign citizens to immovable property should continue to be aimed at maximum protection of the interests of national security and sovereignty of the country, and priority opportunities for Russians to acquire real estate. Certainly, the state should stimulate foreign investment. However, in the conditions of aggravation of international relations and threats to Russia's national security, it would be advisable to introduce a permissive procedure for the acquisition of real estate for all foreign citizens, taking into account the foreigner's occupation and the purpose of acquiring real estate, sources of his income, possible links with organizations banned in Russia.

84-91 256
Abstract

Introduction. The study of the main directions of supranational regulation of the digital space is an important task in the context of the constant complication and expansion of social relations in the digital sphere. The creation of effective and progressive regulation in the relevant area can become the basis for increasing the competitiveness of the EAEU on the world stage. At the same time, the corresponding issues have been practically not studied in the domestic academic literature. Within the framework of this article, an attempt has been made to comprehensively assess the system of supranational regulation of the digital space in the EAEU, to identify its strengths and weaknesses.
Materials and methods. The methodological basis of the study was made up of general scientific and special scientific methods. General scientific methods are presented: analysis, synthesis, inductive-deductive method, systematic method. Special scientific methods include: the method of systemic analysis of law, the comparative legal method, the formal legal method. The research materials are presented by supranational acts of the EAEU (primarily the Treaty on the EAEU and its protocols), official documents and statements, as well as doctrinal concepts and approaches.
Results of the study. The article analyzes and evaluates the key areas of supranational regulation of the digital space in the EAEU at the present stage. The conceptual and legal foundations of the relevant regulation are identified (including in comparison with the EU approach to supranational regulation of the digital space) and their role and significance for the development of supranational regulation of the digital space in the EAEU is analyzed. Changes in the customs legislation of the EAEU in terms of supranational regulation of external (with the participation of residents of third countries) electronic trade are involved in scientific circulation.
Discussion and conclusion. Based on the results of the study, it was concluded that currently the system of supranational regulation of the digital space in the EAEU is at the stage of its formation and extends only to four main areas: the circulation of non-personal data, public procurement, intellectual property protection and external electronic commerce. At the same time, recent initiatives in the field of supranational regulation of external electronic commerce represent an important step towards a new stage in the development of digital aspects of Eurasian integration.

92-102 422
Abstract

Introduction. The 1951 Convention relating to the Status of Refugees is the legal basis of the global system of international protection of forced migrants, but it does not cover all contemporary aspects of international legal regulation of forced migration. UN member states cannot agree on the adoption of a new international legal act of universal character that would replace the 1951 Convention, which was adopted more than seven decades ago [13. P. 4-5]. “Migration crisis” of 2015–2016 forced the world community to return to the search for solutions to the problems of international legal regulation of forced migration. First, UN member states adopted the New York Declaration on Refugees and Migrants in 2016. According to Annex I to the Declaration, UNHCR was tasked with developing a new international legal act on forced migration within two years. The UNHCR, as part of its annual report in 2018, presented a draft Global Compact on Refugees, which was adopted by the UN General Assembly. Global Compact on Refugees drafted by UNHCR, although not legally binding, enshrined mechanisms for equitable burden-sharing among states. One such mechanism is the Global Refugee Forum, which is to be held every four years. This article focuses on the first and second Global Refugee Forums and their outcomes, which took place in 2019 and 2023.
Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: historical and legal comparative method; method of system-structural analysis; formal logical method.
Research Findings. The analysis revealed that the Global Compact on Refugees 2018 is the compromise that UN member states agreed to. It is not legally binding. One of the main problems that continue to the present day is the lack of mechanisms for equitable burden and responsibility sharing among states. The Global Compact enshrined mechanisms for predictable and equitable burden and responsibility sharing among all UN member states. One of these is the Global Refugee Forum.
Discussion and Conclusion. In the study, the authors formulated the preconditions for the adoption and analyzed the content of the Global Compact on Refugees 2018, and substantiated the importance of the Compact at the current stage of international legal regulation of forced migration. It is established that this Compact does not completely eliminate the problem of unfair burden sharing. The authors analyze the activities of the first and second Global Forum on Refugees, concluding that the forum has its own mechanisms for summarizing results, analyzing achievements, and biannual meetings of high-level officials are envisaged. The authors conclude that such a mechanism could have a positive impact on improving international legal regulation of forced migration and providing international protection to forced migrants.  

103-119 263
Abstract

Introduction. Immanent in all history of space activities cooperation and/or competition are currently subject to significant changes. The most meaningful by impact on activity, its forms, subject content and other features, as well as on relevant international legal and national legal framework including perspectives on their development, are the two emerging international partnerships: China and Russia, primarily on the International Lunar Research Station, as well as with other cooperating states; and the United States with partners on the Artemis Program.
Materials and methods. Materials – selected by criterion of fundamental impact on the ‘space law’ development examples of international legal and national legal acts underpinning one of the alternative competing international partnerships on the exploration of the Moon and deep space. Methodology includes analysis, synthesis, analogy, as well as combination of comparative law with systematic methods, and modelling with forecasting.
Results. It is justified that: 1) it is reasonable to consider the combination of relevant current factors, trends, and processes (including political, economic, and technological) as the components of the branch-specific coordinate system; 2) timely identification of factors with significant impact on the industry development significantly reduces, or absolutely offsets the negative impact of transformational potential of cooperation/competition in outer space on the efficiency of the industry-related forecasting; 3) factors of fundamental impact on the development of the “space law” system are found in the international legal and national legal approaches behind the two alternative international partnerships; 4) the necessity to determine common basis for diverging legal (and other branch-specific) approaches is grounded on economic feasibility; 5) The conditions/criteria of determination of factors of fundamental impact on the system of ‘space law’ are developed; 6) The feasibility of consideration of the combination of challenging issues of space law as the components of the branch specific legal coordinate system is confirmed; 7) It is revealed that meeting priority issues leads to an updated actualization of other unsettled issues of diverse-level within the system of ‘space law’; It is justified that: 8) under actual trends actualization of branch-specific legal issues and their regulation is less dependent on relevant state’s technological potential and more on inclusion in global economic projects and political processes; 9) consideration of matches and differences under specific criteria between international legal and national legal approaches behind the two alternative international partnerships would bring forecasting on perspectives on ‘space law’ closer to real development.
Discussion and conclusion. It is reasonable to consider as conceptual foundations for branch-specific risk management the creation of conditions (primarily of economic, technological and strategic character): for transformation of ‘common denominator’ of international legal and national legal approaches of the two international partnerships to the willingness of competing states to harmonize their positions on additional multilateral treaty regulation of issues subject to international space law; as well as for that competition leads to ‘balancing’ of commitment to international obligations, and inclusive development of diverse elements of the ‘space law’ system.

120-135 149
Abstract

Introduction. The expansion of the use of renewable energy sources (RES) is recognized as one of the means to solve the issue of climate change. At the same time, RES is considered an "antagonist" to traditional natural resources, the latter being unevenly distributed among states, so the formation of an international legal regime for renewable energy requires a balanced approach. In this article, the author analyzes the key component of such a regime, namely, the legal content of the term "renewable energy sources". Based on the documents adopted within international organizations containing definitions of RES, the author establishes the main criteria of RES and formulates a list of energy sources that are universally recognized as such, namely, wind energy, water energy, solar energy, biomass energy, geothermal energy, ocean and river energy.
Materials and methods. The methodological basis of the research was formed by general scientific techniques (analysis, synthesis, induction, deduction, comparison, classification, systematization, forecasting) and private scientific techniques (formal legal and comparative legal method).
The research is based on the documents of universal international organizations (UN, IEA, IRENA), in which the definition of RES is formulated. The author also resorts to the sources of the EU law governing cooperation in the area of renewable energy as well as documents adopted within the CIS.
Research results. The article analyzes the concept of RES in the international law. It is established that it is based on a quantitative criterion (i.e. the speed of reproduction of an energy source should exceed the speed of its consumption) and a qualitative one (its "sustainability" in terms of environmental impact). Since no known energy source is completely environmentally neutral, the "sustainability" criterion is used to identify sources that have significantly less environmental impact than others. The author also identifies a number of energy sources that meet the criterion of renewability, but are not recognized as RES (e.g. nuclear energy), or are not included in the RES, in respect of which states wish to develop international cooperation (e.g. certain types of hydropower, traditional biomass). The author also identifies RES, with regards to which states choose to apply the precautionary principle due to insufficient knowledge of their compliance with the sustainability criterion (e.g. geothermal energy).
Discussion and conclusion. The author concludes that the international community has developed an understanding of the criteria for classifying energy sources as RES, and their list is agreed within different interstate communities depending on the actual needs of interaction (for universal organizations, the aim is to mainly the exchange of "best practices" for encouraging RES, for regional ones it also includes developing cooperation mechanisms within the framework of transnational projects and harmonization of state laws). This gives grounds for optimism about reaching a consensus on the concept of renewable energy for the development of an international legal regime.

136-146 597
Abstract

Introduction. The article examines the main provisions of the Roman legal tradition on inheritance in the context of the development of modern legislation in the field of regulation of hereditary legal relations. The article consistently examines the trends in the legal regulation of hereditary relations in the ancient Roman state, both in relation to the normative content of legislation and in relation to the evolution of individual legal means. Using the example of individual institutions of inheritance law – the inheritance contract, unworthy heirs – the article demonstrates the influence of Roman law on modern Russian legislation. An urgent issue for consideration is also the separation of hereditary property, which was solved in a peculiar way in Roman law. The question is raised about the possibility of adapting certain elements of the Roman legal tradition to the modern conditions of the development of hereditary legal relations.
The article is based on the analytical approaches generally accepted in the doctrine of private law to understanding the nature of hereditary relations in ancient Roman legislation, based on commonly used terms. The analysis of inheritance in Roman law is based on historical sources (Digests, Institutions).
The hypothesis of the article is to recognize the decisive influence of the main legal structures of ancient Roman legislation on the modern inheritance law of the Russian Federation.
Materials and methods. The methodological basis of the study was the tools of the general scientific apparatus and special legal methodology. The article uses the historical-legal, formal-legal, comparative-legal method. The general scientific methodology is represented by the method of analysis, the formal-logical method, the dialectical method.
Results of the study. As a result of the analysis, it was revealed that Roman private law is a unique historical and legal phenomenon that had a decisive impact on the development of the legislation of the states of the continental legal system on inheritance. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation, in particular the institution of unworthy heirs, where the unworthy heir initially had a positive appearance, and subsequently lost this status due to misconduct, is demonstrated. The current trends in the development of modern legislation of the Russian Federation on the inheritance contract, on separate hereditary property in the context of the influence of key ideas of Roman jurisprudence are considered.
Discussion and conclusion. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation is also obvious. The influence of the Roman private law tradition on the civil legislation of the Russian Federation is considered in the context of the reception of universal hereditary succession, as well as the features of singular succession.
The doctrine of hereditary succession is organically formulated by the civil law of the Russian Federation and has been further developed. The key elements of the modern system of inheritance law make it possible to overcome the limitations of the classical Roman legal tradition and ensure that legislation complies with current trends in the development of hereditary legal relations of individual institutions of inheritance law - inheritance contract, unworthy heirs, separation of family property.  

147-158 209
Abstract

Introduction. The article presents a study of the feasibility of having corporate codes of ethics in corporations that have different statutory goals, examines questions about the correlation between business and moral rules, the role of ethical codes in the management of corporations, the practical benefits, “payback” of codes and attracting investments.
Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal logical method.
Research results. As a result of the study, the Author came to the conclusion that the presence of codes of professional ethics is an indicator of the moral maturity of a society (in our case, a corporation), which can independently regulate the behavior of its members without the help of the state.
Regardless of the degree of connection between codes of ethics and federal legislation, their blanket nature or sovereignty, corporate codes of ethics remain one of the most important tools for managing the activities of a corporation and regulating corporate relations.
Examining the codes of ethics of corporations, it can be stated that, when integrated with the law, they have a positive impact on increasing the efficiency of the corporation and the formation of a morally oriented corporate culture.
The inclusion of ESG principles in corporate codes of ethics increases the company’s responsibility in the field of environmental protection and brings corporations to a new level of social significance. In turn, this leads to the socialization of the business and helps to increase the business reputation of the corporation.
Discussion and conclusion. The study of corporate codes of ethics allows us to draw conclusions that, having the status of a corporate regulatory legal act, it is a flexible and full-fledged tool for managing a corporation.
The interaction of law and morality in corporations is implemented through a new model of influence on management, where the norms of ethics and morality are intertwined with legal mechanisms to achieve a synergistic effect - the formation of a unique corporate culture.
The practical uniformity of the categories of morality and ethics used in corporate codes of ethics provides grounds for the development of universal ethical principles for their mandatory use in these acts.

159-170 227
Abstract

Introduction. The present article examines the conditions of the formation and functioning of the pension protection system for member states’ workers of the Eurasian Economic Union. The study of pension issues in the EAEU is based, inter alia, on the review of a number of international treaties as the legal framework of the Customs Union and the Common Economic Space. In the context of this work the author has also conducted a comprehensive analysis of the provisions of the Agreement on pension provision of workers of the Eurasian Economic Union Member States dated December 20, 2019 as well as the relevant practice of the EAEU Court.
Materials and methods. In the course of preparing the article, international treaties included in the legal framework of the Customs Union and the Common Economic Space in the field of pension provision for migrant workers, as well as the relevant norms of the Union law and the practice of the EAEU Court, have been studied. The theoretical basis of this work consists of the research of domestic specialists in the field of international law, dedicated to the common labor market of the EAEU. The methodological basis of the study is the following general scientific methods of cognition of legal phenomena: methods of analysis and synthesis, induction and deduction, and analogy. The special scientific methods that the author has also used in his research include formal legal, comparative legal and historical legal methods of cognition.
Research results. As a result of the analysis, it has been revealed that the development and signing in 2019 of the Agreement on pension provision of workers of the Eurasian Economic Union Member States is a key step in building a pension system for workers in the EAEU countries. Despite the fact that this international treaty, which entered into force on January 1, 2021, is still standing the test of time, there is no doubt that its implementation is one of the important conditions for the successful functioning of the Union’s common labor market.
Discussion and conclusion. Ensuring the free movement of labor within the framework of modern regional integration organizations is inextricably linked with providing workers with equal guarantees in the field of pension provision, as well as the protection of their acquired pension rights. It is possible that the positive dynamics of labor migration in the EAEU is due, among other things, to the transition to a qualitatively new level of legal regulation of pension provision for workers in its member states. At the same time, as follows from the analysis of the practice of the EAEU Court, the interest of states in clarifying certain norms of the Union law in the relevant area remains quite high.

171-177 174
Abstract

Introduction. The article examines the legal evolution of the regulation of the activities of the European Systemic Risk Board (hereinafter – ESRB) in the context of the formation of the organizational and legal mechanism of financial integration, and also assesses the reform of the legal acts in the context of building the Capital Markets Union. The paper reveals the results of comparative analysis of the legal foundations of the implementation of macroprudential policy in the EU and EAEU, identifying common and special features in the legal regulation of integration associations.
Materials and methods. In the course of research, the following methods of scientific cognition were used: analysis, synthesis, abstraction, generalizations, analogies and others. The methodological basis of research consist of general scientific as well as special-legal methods, including method of dogmatic analysis (interpretation of legal norms, legal and technical constructions, etc.), formal, comparative legal methods.
Results of the study. The analysis of the legal basis of the implementation of macroprudential supervision in the EU and the EAEU showed a significant extent of the financial integration in the EU, as testified by the presence of a supranational body, ESRB. However, at this moment there is stagnation in the development of legal regulation of ESRB activities. In the EAEU, in its turn, despite the existence of the legal foundation of regulation, macroprudential supervision is executed by the means of intergovernmental cooperation, and not supranational regulation.
Discussion and conclusion. The study showed the existence of significant differences in the legal regulation of macroprudetial supervision in the EU and the EAEU as well as it was revealed that in the absence of comprehensive supranational regulation of the macroprudential supervision in the EAEU, there is potential for the development of a respective institution in the EAEU law.

ADMINISTRATION: CHALLENGES AND PROSPECTS

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Abstract

Introduction. The author of this text is convinced that in the modern world foreign economic relations remain a crucial way of maintaining economic activity. Sustainable economic relations with other states are a necessary condition for the country's economic growth. However, due to changes in the global financial, economic and political systems, Russia is forced to look for new economic and political allies. The main task for our country is to establish close and mutually beneficial relations with the leading countries of the East, such as China and India, in order to ensure economic security in the face of possible isolation in the international arena.
Materials and methods. The methodological basis of this research was made up of general scientific and special research methods, such as induction and deduction, analysis and synthesis, classification, comparative, descriptive, comparative, logical, structural-functional methods, various methods of statistical analysis. The author of the study used tabular and graphical forms of representation of the processes and phenomena under consideration.
Research results. The study revealed that Russian government authorities use various tools to maintain foreign trade and ensure economic security in the context of anti-Russian sanctions. The balance between protectionist and free trade policies depends on the situation in international markets, the geopolitical situation in the world, but especially on the level of competitiveness. The introduction of sanctions by the collective West has become the main factor, changing the foreign economic situation for Russia in 2022. Russia’s new foreign economic strategy is based on the search for friendly partners, willing to purchase sanctioned goods. Thanks to this strategy, Russia was able to reorient foreign economic relations towards Asia and the Middle East, as well as to establish parallel imports while maintaining competitiveness and even increasing foreign trade turnover.
Discussion and conclusion. The need for Russia to enter the Chinese and Indian trade markets and to strengthen foreign economic relations with Asia is substantiated; the main groups of goods that can contribute to the development of mutually beneficial exchange and strengthening of economic cooperation between these countries are analyzed; the possibility and importance of further development of foreign economic relations with Asian states, which can become no less important and useful partners for Russia than the former states of Europe, have been proven.

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Abstract

Introduction. The article proposes a mathematical model of the dynamics of one of the indicators of crime ― the number of persons who have committed crimes. The indicator is aggregated, so it is considered as a generalized characteristic of the behavior of crime in general. The analysis of the dynamics of the indicator in the context of the political, economic and legal situation in the country and the world is carried out.
Materials and methods. As a statistical base for the crime indicator, data from the statistical yearbook "Russia in figures" has been used. For global oil demand, data from the monthly review of the International Energy Agency (Monthly Oil Market Report // International Energy Agency) has been used.
To build mathematical models, time series analysis and modeling methods were used, and correlation analysis methods were used when comparing models. General scientific research methods were also used - systematic and historical approaches.
Results of the study. A mathematical model is proposed, which is the sum of periodic functions and a trend. The functions have several settings and only one argument – time. The model adequately describes the behavior of the indicator therefore it can be used to obtain short-term forecasts. The historical period is highlighted, in which the correlation between the dynamics of crime and the dynamics of the global economic situation is traced. The stabilization of crime dynamics in recent years has been noted, when the processes of restoring Russia's economic sovereignty accelerated.
Discussion and conclusion. The proposed mathematical model gives good results of fitting the crime indicator to a time series on the entire observation period. And this period covers very different historical situations: from unlimited entry into the global economic system to strengthening economic sovereignty. The reliability of the model over the entire interval indicates the validity of its use even with new economic benchmarks. The result of demonstrating a rapid decrease in the amplitude of fluctuations in the crime rate while strengthening the sovereignty of the Russian economy in recent years is indicative. The processes that were analyzed in the work have many differences, but they are well described by models of the same type. A possible explanation for this invariance is the hypothesis that some complex socio-economic processes not only affect each other's condition, but synchronize their dynamics.



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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)