A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
EXPERT OPINION
This article examines some of the problems that have accumulated in the Russian higher education system. One of these problems is the Westernization of legal education and science, which has been consistently carried out over a long period of time. At the moment, this has led to certain contradictions between the goal-setting of strategic development and those approaches that still persist in the field of education to this day. The article talks about the need to revise some legal models and doctrines that have actually acquired an axiomatic character in legal science and education. In addition, the pros and cons of Westernization are shown.
VECTOR OF LEGAL SCIENCE. The Mission of Theoretical and Historical Sciences
The article is devoted to the ideas of Valery Vasilyevich Lazarev on the development of the general theory of law and the state. His fundamental theses were expressed about 10 years ago, they are relevant for modern legal science, we are talking about the following. The value of theoretical legal knowledge is disproportionately lower compared to the Soviet period. Law should not be separated from politics, and the theory of law should not be separated from the theory of the state. It should be understood that the theory of law and the state can contribute to political myth-making. Nevertheless, the main task of the theory of law and the state is to develop an adequate concept for the de velopment of the political and legal system of society. We need more accurate assessments of democracy, human freedom, human rights and duties, and the mutual responsibility of man and the State. The development of these issues within the framework of a new doctrine on which the foundations of the constitutional system can be based is the main task of modern theoretical legal science.
The article is devoted to the use of methodological approaches developed in historical science in the process of historical and legal research. Attention is focused on the need for interdisciplinary synthesis in historical and legal science in the context of the transition to post-non-classical scientific rationality. It is proved that the historical and legal science, being a
legal science, is close to the science of history, and therefore can rely on the principle of historicism and use source-based approaches. The study of legal reality in historical retrospect should be based on both legal and other methods that meet modern concepts of scientific criteria. It is concluded that the effectiveness of interdisciplinary methodological synthesis does not mean the transition of legal historians to a purely historical path of knowledge, the rejection of legal dogma and formal legal approaches. We are talking about the formation of a new paradigm of historical and legal science.
The author of the article analyzes the state of modern legal education in terms of the ratio of its theoretical and applied components. Based on the results of research on the quality of legal education and the demands of employers, as well as discussions held at the Faculty of Law at the Higher School of Economics, the author conclude that the theoretical and historical courses remain essential for the quality training of modern lawyers. He identifies promising approaches and courses in the theoretical and historical cycle in this context.
This article is devoted to the analysis of methodological features of cognition in the sciences of fundamental jurisprudence, revealed on the basis of the history of political and legal doctrines. The paper considers two
complementary approaches: genetic (historical) and systematic (philosophical). The comparative analysis demonstrates that the first approach involves reconstructing the relationship of theoretical propositions with the specific historical context of their origin, taking into account the social, economic, political and cultural determinants of the era. The second approach is aimed at identifying the inherent logic and value of ideas, regardless of the conditions of their genesis. The analysis of the teachings of thinkers from different eras illustrates the limitations of the exclusive use of any of the methods. Historical analysis, revealing the origin of doctrines, does not fully explain their logical structure and universal significance, whereas a philosophical approach used in isolation from the historical context risks losing its connection with social practice. The author comes to the conclusion that these methods of cognition are equally important in the field of political and legal thought.
The article argues for the author's view of the legal geography of the world as a new scientific direction for the study and teaching of law. The article substantiates the position on the obsolescence of classical approaches of comparative jurisprudence to the classification of modern legal systems. It is proposed to use the category "legal space" instead of the outdated concept of "legal system". The academic discipline "Legal Geography of the world" must be studied by international lawyers, as well as students of non-legal special ties (diplomats, translators, religious scholars, historians, sociologists, anthropologists). It is quite obvious that for the fundamentality of legal education, legal geography should be taught along with the course "Comparative Law".
The article presents an attempt to characterize the legal doctrine as a special component of the legal system, provides the author's definition of the legal doctrine, highlights its most significant features. The thesis is
argued that the legal doctrine carries out the standardization of professional thinking of lawyers, forms the basis of corporate legal consciousness. The
author turns to the study of the cultural foundations of the legal doctrine, justifies the position on the substantiation of doctrinal provisions in the type
of culture. The work presents a contrasting comparative analysis of the legal doctrine and legal science, allowing to assert that these forms of legal thought are not identical, as they tackle different tasks in jurisprudence. The work analyzes the nature of doctrinal authority, which is associated not only with the quality of legal provisions, but also with the figure of the author, as
a result of which the content of the legal doctrine is not free from subjectivity.
The article is devoted to the problems of development of law in the modern world through the lens of the interaction between the humanities and technical sciences, the study of which is particularly relevant and significant in an era of rapid digital transformation of political and legal institutions of society. In such a context, the success of social, economic, cultural, and other transformations, undertaken as part of a purposeful state policy in response to existing and anticipated challenges and threats, largely depends on the effectiveness of technological innovation implementation and an in terdisciplinary approach to knowledge formation, including legal knowledge. The author, examining these issues from philosophical, technological and legal perspectives, substantiates the need to develop a conceptual model of coordinates for identifying new dimensions of interaction and methodological connections between different branches of scientific knowledge to generate innovative solutions in practical legal practice.
VECTOR OF LEGAL SCIENCE. Methodology and Innovations of Legal Science
The article is devoted to the dogma of law and the dogmatism of legal reasoning. The dogma of law is considered as an a priori assumption that acts as a fundamental logical postulate in the normative system of positive law, requiring compliance with a certain sequence of mental operations. In legal science (legal positivism and legal dogmatics), dogma refers to a
special field of research aimed at analyzing current law in order to apply it in practice. It is emphasized that the dogmatic method is the main tool for formalizing human behavior through an integrated system of legal categories, representing a set of methods for analyzing and processing legal, legally significant material.
Special attention is paid to the fact that positive law, while maintaining its connection with social and historical practice, is not only a conservative, but also an adaptive (open) system. It is capable of development, complication, reproduction and internal differentiation while observing the rules determined by the internal laws of the legal matter existence. In conclusion it is emphasized that the dogmatic method makes it possible to ensure correct (logically valid, consistent with the nature of law) interaction with legal materia. Mastering it makes great contribution to the development of professional legal thinking and ideology, simultaneously improving the quality of legal work.
The article examines the formation and functioning of the Chinese Social Credit System through the lens of history, political science, political and legal studies,
economics, psychology, cultural studies, and technical aspects of its implementation. Using an interdisciplinary approach to the study of the subject, the authors conclude that the Chinese Social Credit System is a set of tools that can improve China's economic development, make the relationship between economic entities and consumers more transparent, and encourage more responsible and mature behavior among participants in the system, rather than providing total control over citizens' personal relationships. An analysis of the the Chinese Social Credit System from the perspective of various scientific fields allows to dispel some of the myths surrounding this system and reveal that it is fully in line with traditional Chinese values and the overall Confucian culture, as well as the historical system of social governance.
The article analyzes the problem of methodological approaches of legal sciences applied in the study of the legal phenomenon of mixed (complex) legal systems. The appeal to the legal system of India is due to the fact that, of all the countries whose legal systems are classified as mixed in comparative law, the current Indian legal system is a unique example of normative regulation within the framework of the oldest surviving civilization, which was formed through a long process of historical development influenced by various socio-historical factors, at the same time, India is a modern democratic country, one of the leaders of the Global South, confidently moving along the path of rapid innovative technological development, in the implementation of which a significant role is given to effective legal means. Based on the con ducted research, the author concludes that the most adequate research approaches to the Indian legal system are those that fully take into account the principle of historicism based on a civilizational approach. The author shows that only by taking into account the socio-cultural characteristics of India using comparative, systemic and other methods can one obtain an effective result in understanding the essence of such a complex legal phenomenon.
The article analyzes the trend of countries joining technological alliances, which is due to objective reasons for the rapid development of artificial intelligence technologies, i.e. innovations. This circumstance makes it possible to single out the innovative (technological) criterion as the new and most relevant criterion for classifying legal families today, on the basis of which the reconfiguration of legal families can be represented as follows: 1) Eurasian integration (includes BRICS and SCO countries; 2) European integration (European Union countries); 3) American technological expansion (NATO countries). Technology alliances have begun to create regulatory and organizational frameworks for internal interaction, which will help bring together the legal systems of the member countries of the alliances. Due to the fact that artificial intelligence technologies are developing at a tremendous rate, this convergence will take place quite intensively and will lead to another integration of legal systems under the auspices of new world leaders. Thus, the integration convergence of countries in the foreseeable future will be driven by innovations in the field of technology.
VECTOR OF LEGAL SCIENCE. Public Legal Interests and the Problems of their Implementation
This article examines the issue of interest in law and the relationship between public and private interests from the perspective of classical German legal dogmatics and contemporary German legal theory. The article analyzes the use of the category of interest, beginning with Rudolf von Ihering’s concept and continuing through the positions of contemporary German-language authors. A conclusion is made about the possibility of a dual perception of interest in law as an origin of law (legal interest) and as a source of law (expressed externally subjective interests of persons), which makes it possible to argue for the difference between the source of law and the form of law in modern legal doctrine.
The paper analyzes the development of social regulation within two normative systems: moral and legal. It shows that the effectiveness of such regulation is not due to the merging of two types of rules, since they are very different in their essential characteristics, but rather to the ability of public authorities to establish “points of intersection” and interrelationships for those practical situations where the use of one type of rules is insufficient in terms of protecting basic social values. Three principles for maintaining a balance between legal and moral regulators in the implementation of innovations that affect society have been identified.
The article examines the role of the theory of state and law as an active intellectual resource in the process of formation and realization of national interests. The modern world poses new challenges to States that require deep theoretical understanding. The theory of state and law, acting as a fundamental legal science, cannot develop in isolation from these realities. The paper analyzes the key function of the theory of state and law — the development and refinement of basic concepts that form the basis for the formation of public policy and legal regulation. The empirical basis is a sociological survey of law students, revealing the ideas of the younger generation about the essence and priorities of national interests. It is concluded that the theory of state and law not only reflects the state-legal reality, but also actively shapes it, offering models and solutions aimed at strengthening statehood and ensuring sustainable development.
The protection of traditional values is proclaimed as one of the national interests and strategic development of the Russia. In order to ensure legal protection by the state with the entire set of available legal means, it is necessary to clearly define the object of legal protection, which is impossible to do without disclosing the essence of the category of “traditional values”. In this regard, within the framework of this study, an attempt was made to de fine the essence of traditional values as a multifaceted category, which is not static throughout the historical development of the state and society, to clearly understand not only the core of values, but also to identify the forms of existence of such a core, such as normative, symbolic, institutional, behavioral. The author concluded that such characteristics as dynamism, contextuality, and normativity influence the content of the concept of “traditional values”. In order to protect traditional values, it is necessary to create a model of the mechanism for the transmission and dissemination of these values through family upbringing, education, religion, mass media, and public policy, taking into account the historical variability of the transformation of values under the influence of modernization, globalization, including migration, the presence of a conflict between traditional values and innovations due to generational gaps and the integration of new traditions into social groups.
VECTOR OF LEGAL SCIENCE. The Subject Field of Private Law Sciences
Since the theory of state and law is a basic and fundamental legal science, it is obvious that the knowledge gained as part of its development directly or indirectly accompanies all the practical activities of a lawyer, whatever his areas of interest. Any stage of the mechanism of legal regulation of relations regarding the results of intellectual activity — from law-making to bringing a violator of legal regulations to legal responsibility, one way or another passes under the sign of theoretical and legal science. However, the article does not address applied legal and technical issues, but rather the results of a theoretical and legal analysis of the state of legal regulation of relations in the field of copyright and intellectual property law in general, which allow us to identify a number of problematic aspects that need further reflection. They allow us to look at the existing legal institution in the context of the entire Russian legal system, as well as the goals and objectives of social development outlined in the Constitution of the Russian Federation and strategic planning documents, and show that the effects achieved as a result of legal regulation have very diverse directions.
This article explores a proprietary approach to understanding the nature of rights to human biomaterials, according to which cells (organs, tis sues) become objects of the property rights of the person from whom they originate by virtue of their separation from the human body. It is argued that for the legal transformation of a cell (tissue, organ) from an integral part of a subject (an individual) to an object of civil law (a thing), the fact of separation is insufficient, as circumstances significant from the perspective of civil law regulation remain unaccounted for. Granting the originator ownership of the biomaterial from the moment of separation, regardless of their will to appropriate it, the legality of the separation, and a number of other circumstances, associated with the separation of the cell (tissue, organ) from the human body, fails to take into account the specifics of civil law regulation, the key elements of which are the autonomy of will and the equality of the parties involved, nor the interests of the originator themselves in many cases. It is noted, that the proprietary approach does not take into account the nature of the interest in biomaterials that belongs to the originator, and does not always ensure significant public interests in human biomaterial.
VECTOR OF LEGAL SCIENCE. Innovations in Legal Education
The article analyzes the development of national security education for Chinese students in the decade following the enactment of the National Security Law of the People’s Republic of China. It traces the transition from the “fragmentary implementation” of individual courses to the formation of a “systemic model”. The article examines innovative approaches in the fields of public policy, legislation, curricula, practical platforms, and human resources. It highlights the ongoing challenges in educational practices, including formal ism, uneven resource distribution, fragmented content, insufficient specialization of teachers, and student engagement. In the context of the strategic goals of making China an educational power by 2035 and strengthening national security, the following areas of optimization are proposed: a systematic con tent delivery model focused on credit-bearing courses and multi-level learning materials; diversified teaching methods characterized by case-based, scenario-based, and digital technologies; collaboration on faculty development and resources through partnerships that bring universities together, political and legal institutions, the military, and civil society organizations; a dynamic assessment mechanism based on multidimensional indicators of knowledge, skills, and behavior; integrate national security education into a broader system of citizenship education and professional training.
The practice of using the comparative legal method in the training of legal personnel for master’s degree programs in Russian universities is investigated, and options for its possible application as a method in the process of master’s degree training are developed. An analysis of the master’s degree programs of leading Russian universities shows a lack of unity in understanding the goals of applying the comparative legal method and its importance in teaching both theoretical and historical and branch disciplines. Only a third of the programs actively and purpose fully use the comparative legal method in the study of specialized disciplines. The options for using the comparative legal method in the training of legal personnel for master’s degree programs at the Moscow State Law University are analyzed. The position is expressed that the methodology of the master’s thesis should include the mandatory application of the comparative legal method, as this will significantly raise the level of research and, as a result, the formation of conclusions based on comparative generalizations.
SCIENTIFIC RESEARCH
In this article, the author classifies the moral suffering of authors of intellectual property results into verifiable and non-verifiable. Verifiability of moral suffering implies that it can be proven by medical documents issued by doctors in medical organizations. Non-verifiability of moral suffering means that it cannot be proven to have been experienced. The author argues that it is possible and permissible to prove the "experiencing" of moral suffering solely through the author's statements, descriptions, or witness testimonies, but it is not advisable. Decision to compensate the author for moral damages should be based on the presumption of moral suffering.
The purpose of this work is to analyze the regulatory legal acts of the newly formed subjects of the Russian Federation: Donetsk People's Republic, Luhansk People's Republic, Zaporozhye and Kherson regions, in accordance with which work is underway against corruption. In preparing this publication, various research methods developed and adapted by Russian science were used. Based on the results of the study, the author assessed the state of work on combating corruption in the newly formed subjects of the Russian Federation, conducted a study of federal and regional regulatory legal acts regulating public relations in the field of combating corruption in the new territories. Examples of special legal acts are given. The author of this article has researched and presented the anti-corruption regulatory framework of the newly created subjects of Russia, and analyzed it from the point of view of novelty. Proposals for its improvement and systematization have also been prepared.
TRIBUNE FOR YOUNG SCIENTIST
The paper is devoted to the study of the impact of digitalization on legal principles and human rights. The author analyzed the experience of foreign countries in the use of digital technologies (in particular, the experience of the USA, Great Britain, China, and the Netherlands) and identified the main legal problems arising from digitalization: firstly, violation of the principle of equality of all before the law and the court, secondly, violation of adversarial principle; the right to appeal a court decision decisions, actions, omissions and decisions of public authorities and civil servants; the right to judicial protection, and thirdly, the violation of the right to privacy, personal and family secrets, and the right to personal data protection. The paper examines the causes of such legal problems and suggests ways to prevent them.
BOOKSHELF OF THE DEPARTMENT
LAW IN HISTORICAL REFRACTION. Legal Heritage
POST SCRIPTUM
ISSN 2782-6163 (Online)






















