Gosudarstvo i pravo

The article offers a conceptual understanding of the Russian state-civilization in terms of the role and significance of Victory in the Great Patriotic War as a factor naturally shaping the civilizational features of the Russian cultural and civilizational space. The article shows the connection between the unprecedented feat of the Russian state and civilization in preserving and ensuring the peace and security of mankind, as well as its impact on the legal foundations of the modern world order formed in the post-war years. The key focus of the work is on normative legal acts defining the directions for the preservation of historical truth, continuity in the development of the Russian state, the protection of the memory of the defenders of the Fatherland, as well as on the doctrinal developments of scientists at the Institute of State and Law, which provided the opportunity for the Nuremberg Trials. The article allows us to determine the effectiveness of the developed measures in the modern period and outline the main directions of further work of legal scholars.

The article examines activity of the Institute of Law of the USSR Academy of Sciences (now Institute of State and Law of the Russian Academy of Sciences) during the Great Patriotic War, which did not stop, but was greatly complicated. It analyzes the works of scientists prepared during 1941–1945, who made a significant contribution to the formation of the legal foundations of the fight against fascism. The importance of activities at the Institute of veterans of the Great Patriotic War is particularly noted. The continuity of the doctrinal provisions formed by the staff of the Institute in 1941–1945 and in the modern period is revealed.

Авторами предпринята попытка разработки системного междисциплинарного – юридического, историографического и социологического – определения и формирования одного из перспективных средств защиты исторической правды и национальной идентичности в условиях попыток искажения цивилизационного развития России. Утверждения и выводы, содержащиеся в статье, стали результатом глубокого анализа собранных соавторами массивов историографических данных, допускающего их использование для совершенствования концептуальных подходов к развитию институциональных структур. Анализ жизненного пути и научных разработок позволил сформулировать обобщенные выводы о причинах и условиях выдающегося влияния поколения ученых-фронтовиков на развитие науки трудового права, законодательства о труде и социальном обеспечении.

The article is devoted to the life and creative career of Pavel Efimovich Orlovsky (1896–1974), an outstanding Soviet jurist, scientist, practicing lawyer, Corresponding Member of the USSR Academy of Sciences, Doctor of Law, Professor, whose scientific work was combined with work in the judicial authorities of the USSR and coincided with the periods of active strengthening of Soviet power, overcoming the hardships of war and the establishment of new civil law relations. In the course of the article’s creation were used P. E. Orlovsky’s personal file and other resources from the archives of the Institute of State and Law at the Russian Academy of Sciences.

The history of Russian statehood, as the author of the article notes, testifies that at all times, especially of upheavals and changes that determined the choice of the path of our Fatherland, it was the Russian Orthodox Church and the law enforcement institutions of society that played a special role in this process, standing guard over the interests of the state and the individual. The cementing foundation of Russian statehood is the education of legal awareness, which Russian lawyers and thinkers have given an exceptional role to. In modern Russian society, the formation of legal awareness and the establishment of law-abiding should become a priority state task, from which the state has no right to shy away for the sake of the common good, because the future of our country largely depends on it.

We must not forget that historical memory goes through several stages of its development. Now it is at a very important stage – the third one, when young people compare the events taking place today with the facts from the past. And in this analysis, they need to be helped… We need to equip young people with a worldview that would enable them to take the right life position in relation to new challenges and threats. Therefore, the main task of the state is to form the desire of young people to preserve the memory of their Fatherland’s past and true spiritual and moral priorities. This is especially important nowadays, when there is actually a civilizational, total and uncompromising war going on.

Spirituality is the most important indicator of measuring social existence. After all, it defines the boundaries of what is allowed and what is not, semantic and value orientations. According to the author, it is the spiritual and moral, sacred bonds that are the foundation on which statehood, peace and order, and harmony in society are built.

The article reveals the place of the Russian state in the national socio-cultural system. In this context, considerable attention is paid to the continuity of the national statehood in its historical and legal aspects and the relationship between the continuity of the state and the sovereignty of Russia. It is noted that the Russian political and legal thought has developed an original concept of state sovereignty, where reveals its semantic core. The article shows the features of the historical development of the Russian state, which determine the decisive role of the state in the development of culture and progress. This is due to the place of the state in the system of values that form the core of the socio-cultural code of Russia.

The issue of appointing federal judges to their post by the President of the Russian Federation is being considered. Prior to the constitutional innovations of 2020, Part 2 of Art. 128 of the Constitution of the Russian Federation proclaimed that judges of other federal courts (the “other ” refers to the Constitutional and Supreme Courts of the Russian Federation, whose judges, as per Part I of Article 128 of the Constitution of the Russian Federation, are appointed by the Federation Council upon recommendation of the President of the Russian Federation) are appointed by the President of the Russian Federation in the manner, prescribed by the Federal Law. By the Law of the Russian Federation of 14 March 2020 No. 1-FKZ, Part 2 of the Constitution of the Russian Federation was transformed, and now it proclaims that the chairmen, deputy chairmen and judges of other federal courts (again, with the exception of the heads and judges of the Constitutional and Supreme Courts of the Russian Federation) are appointed by the President of the Russian Federation in the manner, prescribed by federal constitutional law. Considering that the existing formal and personal requirements for holding the position of a judge, with some exceptions, are acceptable and after some adjustments can be enshrined in a future federal constitutional law, the author focuses on justifying the need to consolidate the requirements for health (mental and physical) that do not correspond to a judge and a predisposition to the implementation of fair justice.

The article shows that the current civil procedural and arbitration procedural legislation is currently characterized by the absence of any special procedural mechanisms aimed at protecting the rights, freedoms and legitimate interests of the participants of the special military operation and their family members. The author believes that these persons should be endowed with a special legal status – both substantive and procedural. It is proposed to differentiate the substantive status of the participants of the special military operation and their family members into general and special. Depending on this, the procedural order of protecting the civil rights and legitimate interests of these persons is determined. If in a disputed substantive legal relationship they exercise their general civil status (enshrined in the general rules of civil legislation), the case is subject to consideration and resolution according to the general rules of civil proceedings. The implementation of the special legal status by the participants of the special military operation and their family members (enshrined in the provisions of special regulatory legal acts) within the framework of a disputed civil legal relationship should involve granting them a special procedural status. To achieve this, it is necessary to secure shorter terms for considering cases involving them, a special role of the court in these cases, and the court’s obligation to provide a lawyer to a special military operation participant who is performing combat missions. A proposal has been made to amend Article 122 of the Civil Procedure Code of the Russian Federation and secure the claims made by the special military operation participants and their family members for payment of the sums of money due to them by law as a separate basis for issuing a court order. It also seems possible for the author of the article to accept the proposal on the oral form of the will of the special military operation participants, but to secure the mandatory judicial procedure for its recognition.

The article continues the scientific discussion on the so-called administrative and tort law, initiated by the author in 2020, and presents some of its interim results. The lack of interest in the discussion from the representatives of the departmental science of administrative law, originating from the system of the Ministry of Internal Affairs of Russia, has been noted. The perspectives of those who participated in the discussion one way or another (V. I. Mayorov, Yu. I. Popugaev, Yu. N. Starilov, and others) were analyzed. All of them advocate for the separation of so-called administrative and tort law as an independent branch of Russian law or a sub-branch of Administrative Law. The opinions of the participants of the discussion are critically evaluated. The author of this article argues that they did not provide any compelling arguments in favor of singling out the so-called administrative and tort law in this capacity. The author’s previously expressed position about the absence of grounds to single out so-called administrative and tort law as a separate branch of Russian law or a sub-branch of Administrative Law is confirmed. The set of substantive and procedural norms that form the basis for administrative liability has been and remains a sub-institution of the legal institution of administrative coercion. This institution belongs to such sub-branch of Administrative Law as Police Law.

The article analyzes the legislation of the subjects of the Russian Federation in the field of prevention of juvenile delinquency. The key issue of the study was the development of proposals for improving the legal regulation of legal relations in this area, and the main objective was to identify contradictions between regional legislation and the Federal Law of June 24, 1999 No. 120-FZ “On the Fundamentals of the System for the Prevention of Neglect and Delinquency of Minors” and the Resolution of the Government of Russia of November 6, 2013 No. 995 “On Approval of the Model Regulations on Commissions for Minors and the Protection of Their Rights”. General (analysis, synthesis, induction, deduction, formal-logical method) and special methods of cognition were used: method of document analysis, comparative-legal method. As a result, typical violations committed by the constituent entities of the Russian Federation in establishing the procedure for establishing and implementing the regional system of commissions for juvenile affairs and protection of their rights include: unjustified expansion of the commissions’ powers; extension of the time limits established by federal legislation for consideration of information about a case involving a minor; establishment of measures of influence applied by the commissions to children and their parents that duplicate measures of administrative responsibility; mixing of certain preventive measures; and, in some cases, the use of administrative responsibility. Regions that have committed violations of federal legislation are invited to conduct legal monitoring to establish the completeness of legal regulation in the area of prevention of juvenile delinquency and to eliminate the identified contradictions. It has been proposed to establish at the federal level the rights of persons in relation to whom preventive work is carried out and the measures of influence applied to them.

With this article, the author continues a series of studies devoted to the existence of secondary rights in the Russian legal system. He puts at the forefront the hypothesis expressed in classical German pandectics about the possible existence of secondary rights in public law, the theses of which are consistently based by the author throughout the entire scientific work. A number of scientific methods of cognition are used for this purpose, such as historicism, dialectical approach, analysis, synthesis, comparison. As a result of the research, the author summarizes the general legal (universal) nature of the theoretical and legal construction of secondary rights, summarizes its features, and provides illustrative examples from industry legislation in support of his conclusions.

The 1^st International Scientific Conference “Philosophical Understanding of Historiographic and Prospective Tasks of Modern Public Law” was held within the framework of the scientific project “Creation of a Russian Historiographic Model of Political and Legal Knowledge and its Application to Develop Prospective Means of Counteracting Ideological Distortions of Russia’s Civilizational Development”. During the discussion, various points of view were voiced on the possibility of effective legal regulation of public policy issues in achieving civil harmony in Russian society based on the formation of a consolidating identity, memory policy, civic education and upbringing. The participants’ speeches presented a variety of approaches that can improve the quality of general civil narratives designed to ensure the establishment of equal and partnership relations between citizens, local governments and the state, and to find a balance between private and public interests. The conference participants made a number of proposals aimed at developing the conceptual foundations of public law, creating a new model of historiography as the most important conditions for counteracting ideological distortions of Russia’s civilizational development.