Gosudarstvo i pravo

The article examines the Philosophy of Law by I. Kant in the context of his epistemology and ethics. The article provides material that has often been ignored by Russian researchers. In our and European literature, it is customary to consider Kant’s political and legal views as a philosophical generalization of the ideas of the Great French Revolution, which does not raise objections. At the same time, Kant’s liberalism was very contradictory and inconsistent, which is understandable: as an employee of the Prussian Monarchy (and a professor at the University of Konigsberg is a civil servant), he was obliged to coordinate his views with the existing absolutism in the country. Kant’s views on revolution, on the relationship between the individual and the state, in some places quite fit into the framework of typical authoritarianism. New material is given on Kant’s views on the problem of the form of the state.

Based on the idea that there is an objective need to conceptualize and legitimize the multi-element phenomenon of a country-civilization, an attempt is made to show that with multidirectional interaction in the bundle “I – Society – State – Law – Civilization” the first four actors are the most mobile quantities, they can change places according to the degree of influence on each other and on Civilization as a whole, and the latter, being a composite alloy of their functioning, it seems to be a kind of constant and guarantee of the existence and development of the country. Proposals are being made to renovate the constitutional status of the state, constitutionalization of the balance of human rights and responsibilities.

The article is devoted to the fundamental problem of determining specific manifestations of private law and public law principles in civil and arbitration proceedings, and the development of a mechanism for their harmonization in order to improve domestic substantive and procedural legislation in the field of protection of subjective civil rights, freedoms and legitimate interests. It is shown that the Russian system of protection of rights in the field of civil jurisdiction is based on the criterion of the correlation of the legal statuses of persons participating in a controversial material legal relationship. However, it is not always followed by the legislator. A number of civil law cases are of a public law nature, but despite this, they are considered within the framework of claim proceedings. The public law principle in civil proceedings is also manifested when courts of general jurisdiction and arbitration courts consider cases involving the Russian Federation, constituent entities of the Russian Federation, municipalities, state authorities, local governments, and officials. The dualism in the procedural status of the prosecutor is shown, who can act both in the status of a party to the case and in the status of a “procedural plaintiff”. It is proposed to develop separate proceedings in the system of civil and arbitration proceedings, according to the rules of which the courts will consider cases with the participation of public legal entities.

The article substantiates the judgment that the concept of law is inseparable from the norm-setting activity of the state, which leads to the emergence of a legal order, while the natural-historical processes of development of society and the state cause – to a different dependence degree of legal and other social norms, which can be expressed both in their consistent differentiation from each other and integration into a single socio-normative complex. In modern development conditions of the society, there is a close relationship between legal norms and corporate, religious, moral and technical norms. The content and nature of this dependence determines the multidimensional nature of a legal order, which can exist and be ensured only through a symbiosis of legal and other social norms that acquire a socio-legal character. As a result, the general concept “law” should be interpreted as a legal order formed by the state and other entities, expressed in a complex of legal and other socio-legal norms, the coordinated action of which contributes to the emergence of a “normative ecosystem”.

The article discusses various aspects of the formation of the will of a collective subject. The author proposes the proposition that the collective subject exists in circulation directly in the act of collective will. From the methodological point of view, it is proposed to distinguish between the general opinion assumed by the members of the collective as a phenomenon and the formalized decision of the collective subject (community) achieved by means of legal procedures as a noumenon. The term superposition, borrowed in this case from the branch of mechanics of classical physics, is intended to designate the state of a set of volitional impulses in the phenomenal state represented by the members of the community and in the formalized decision of the community for participation in circulation as a legal fact-noumenon.

The article examines the issues relevant to the doctrine of Environmental and Natural Resource Law related to the object, subject, method of legal regulation. These issues are directly related to the General Theory of Law, in which they are considered as criteria for distinguishing branches in the system of law. Taking into account the specifics of nature, the ecological sphere as an object of legal regulation, including land and other natural resources, the necessity of highlighting the General Theory of Law of Environmental Law as a super-branch, including natural resource branches of law, is substantiated. Taking into account the role in human life and the development of society, Environmental Law as a super branch is recognized in the system of law as the main branch.

The article examines the problem of competition of criminal procedural tasks in the field of interaction of public and individual principles in criminal proceedings. The conclusion is justified, according to which its successful decision directly depends on ensuring here the moral orientation of legal awareness to achieve social justice (social legal awareness). As a result of the study, it is established that it is in the court with the participation of jurors that the social awareness of the population and the law enforcement officer is formed in the best way. Therefore, as one of the important areas for improving the domestic criminal procedural policy, the most complete realization of the constitutional right of citizens to participate in the administration of justice and to educate on this basis a legal awareness of a social orientation is determined, which in turn will bring criminal proceedings closer to fulfilling their social purpose.

The article examines the issues of the subject of Administrative Law in the context of the teachings of Doctor of Law, Professor, Honored Scientist of the Russian Federation A. P. Korenev. Attention is drawn to the doctrinal aspects of the subject of Administrative Law, the importance of clarifying the essence of the subject of Administrative Law is shown. The authors attempted to popularize the teachings of Professor A. P. Korenev regarding the concept of “norms of Administrative Law”, as well as the “subject of Administrative Law”, presented their vision regarding the systematization of norms of Administrative Law, and correlated the subject of the industry in question with its norms.

Implementation of International Law in crisis and conflict situations caused by a clash of political and economic interests, as well as cultural and historical traditions is one of the key issues in building international relations. In this perspective, understanding the foundations and specifics of the international legal responsibility of the North Atlantic Alliance (NATO) in the context of high armed (force, hybrid) activity of this military bloc, often carried out with violations of generally recognized principles and norms of International Law, is becoming increasingly relevant and socially significant. At the same time, if a significant number of scientific studies have been written and published on the violation of the norms of International Humanitarian Law applied in armed conflicts by NATO countries, then the implementation of International Law by the North Atlantic Alliance as a military-political bloc remains without proper conceptualization. Thus, the subject of the study is the resolution of the contradiction between the obvious violations of International Law by the North Atlantic Alliance when participating in armed (military, force, hybrid) conflicts and the need to specify and classify these violations, as well as their legal qualification. For these purposes, the article examines individual aspects of NATO functioning in the context of the Alliance’s compliance with International Law. An analytical and synthetic study is conducted of some NATO military operations for the legality of the types of weapons used in them, the methods of their use, as well as the supply of weapons and military equipment by member countries of this military organization to the zones of NATO’s operational (military, political, economic) interests. A conclusion is made on the need to promote compliance with International Law by its subjects while maintaining the key place of the United Nations Security Council in the system of international cooperation.

The article examines the problem of forming an independent digital national payment and settlement infrastructure and developing the crypto industry as an element of the financial and technological sovereignty of the state, and also the potential and risks of using innovative financial technologies and products (including cryptocurrencies and virtual assets) in the national financial sector. The issues of information security are studied in the context of the development of digital assets and utilitarian digital rights, overcoming the existing vulnerability of the Russian information infrastructure of the credit and financial system from foreign software and component base. The development of the national crypto industry and the sector of related financial services is considered taking into account the trends of fragmentation of the global financial and economic system, decreasing trust in international financial institutions, increasing conflict potential in the areas of financial and economic interests of Russia, structural restructuring of the economy and reformatting of international economic relations of the Russian Federation. In the context of strengthening financial and technological sovereignty, proposals have been developed for the phased development of digital financial products, institutionalization of digital assets and cryptocurrencies in the Russian legal and financial system.

The article deals with the topical issues of legal regulation of information relations in the conditions of rapid development of digital technologies and increasing conflict of interests between states and global IT-corporations. The author emphasizes the complexity of legal regulation, especially in the issues of data encryption and access to confidential information of users. Special attention is paid to conflicts between states and IT-corporations over control over digital technologies.

In particular, the need for improved information law is emphasized, including the enshrinement of digital rights such as the right to delete personal information, the right to a pseudonym, arbitration in online disputes, and the right to appeal decisions involving artificial intelligence. Important steps are also proposed to strengthen administrative and legal liability for digital offenses such as wrongful disclosure of confidential information, spamming and digital bullying.

The author focuses on the need to systematize information legislation and emphasizes that government measures should take into account the rights and freedoms of users, limiting government intervention where it is inappropriate. Legislation should be aimed at protecting civil rights, but at the same time leave room for the development of the IT sector and innovations.

The article presents a comprehensive view of the problem of legal regulation of the digital industry in the context of Administrative Law, proposing specific steps to create a balanced legislative framework that takes into account the interests of both the state and society in the context of ongoing digital transformation.

Based on a review and analysis of V. D. Sorokin’s scientific heritage on the theory of law in general, as well as on the legal process and procedural branches of law in particular, the article proves the sectoral status of administrative procedural norms regulating administrative proceedings included in the structure of the administrative process. Using the research methodology developed by V. D. Sorokin’s theoretical construction on the types of legal regulation and the types of process that are the channels for implementing these types of legal regulation, the authors identified the procedural nature of “administrative” legal proceedings, and identified defects in its domestic model, which is enshrined in the Code of Administrative Procedure of the Russian Federation.

The study analyzes the concept of administrative control and the distinction between administrative and judicial control authorities. That the objectives of administrative control have expanded to include other elements that fall within the moral aspect of the idea of public order will also be shown. The role of the administrative judiciary in distinguishing between administrative decision and judicial work, and the dangers of social networks on the elements of public order represented by public security, public health, public tranquility, ethics and public morality will be explained as well. The widespread use of social networking sites such as Facebook, Twitter, Instagram, and WhatsApp has led to a major revolution that has left its effects on all aspects of life, including the public order of countries, which is facing new challenges and threats. The study proved that the concept of administrative control according to jurisprudential trends differs from the legal and judicial concept. It was found that the jurisprudential definitions of administrative control were more comprehensive and general than the legislative and judicial definitions. However, there is a need to expressly stipulate the dangers of social networks that affect the elements of public order, represented by public security, public health, public tranquility, public morality and ethics.

The first article ^[1] gave a brief biography of I. E. Neumann, the founder of the historical school of Russian Criminal Law, revealed his criminal law views, provided brief biographical information and a description of the scientific heritage of his students at the Imperial Kazan University of N. M. Alekhin, E. P. Manasein and E. V. Wrangel. This article presents a brief biography of Neumann’s follower, a prominent representative of the historical school of law, Professor A. M.F. von Reutz of Dorpat University, describes his research on the history of Russian Criminal Law from ancient times, shows the role of I.F.G. von Ewers in organizing the study and teaching of Russian law, presents Neumann’s students – baron R. Ungern-Sternberg and F. G. Bunge, reveals the influence of Neumann’s views on criminologists from other universities.

[1] See: Malikov, S. V., Chuchaev, A. I. (2025). Neumann and his school of the Russian Criminal Law (Article one: Kazan University) // Gosudarstvo i pravo=State and Law. No. 1. Pp. 192–206. DOI: 10.31857/S1026945225010173

In this article, the author explores the question of what should still be crucial when considering cases of challenging and (or) establishing paternity: the biological truth or the interests of the child. The importance of the child’s interests as a criterion for resolving disputes about origin in contesting and (or) establishing paternity is substantiated. Based on a comparative analysis of the provisions of the Family Code of the Russian Federation and national acts of Bulgaria, Poland, Germany, France and China, the lack of limitation periods in national family legislation for filing claims for challenging and (or) establishing paternity is critically assessed in family.

The article presents an analysis of the results of the All-Russian Scientific and Practical Conference “Cassation Courts of General Jurisdiction: first results, practice, prospects”, which summarizes preliminary results of the judicial reform initiated in 2018 by the Supreme Court of the Russian Federation. In accordance with the Federal Constitutional Law, serious changes were made to the Federal Constitutional Law “On the Judicial System of the Russian Federation” and certain federal constitutional laws, cassation courts of general jurisdiction and courts of appeal of general jurisdiction were created. On the basis of the Resolution of the Plenum of the Supreme Court of the Russian Federation, on October 1, 2019, the cassation courts of general jurisdiction began their work.

Five years from the beginning of the activity of the cassation courts is a short period. However, it contained a difficult period of formation with a thousand complaints a week, the COVID-19 pandemic, during which the Moscow cassation did not stop working for a single day, the entry into the Russian Federation of four new subjects – the Donetsk and Lugansk People’s Republics, Zaporizhia and Kherson regions. Unique experience has been accumulated, the most important decisions of the Plenum of the Supreme Court of the Russian Federation have come into force, judicial practice has changed and improved, certain gaps and defects in legal regulation have become apparent.

In this regard, it became necessary to evaluate the results of the reform, exchange views on topical issues of substantive and procedural law, jointly – the judicial community and leading legal scholars – identify the most acute problems of law enforcement and propose ways to solve them.

The review reflects the main concept of the book “Spiritual and moral foundations of the Constitution of the Russian Federation” – the continuity of pre-revolutionary domestic conservatism by modern Russian constitutionalism. The scientific results of the research are studied and conclusions are made about their significance for the further development of measures to preserve and strengthen traditional Russian spiritual and moral values. The author’s collection, united by a single idea of the development of Russian constitutionalism in the concept of traditional Russian spiritual and moral values, can be read with equal attention by constitutional scholars and simply interested people.