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No 5 (2021)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

EXPERT OPINION

30-40 637
Abstract

 The author examines the problem of simulacra in the legislative space. Simulacra appear as speculative constructs of power in the politics of law, as one of the successful manipulations of the masses. Simulacra have a transcendental nature (the observer has the full impression that he is a part of it), and technically function in a way that always reproduces the illusion. At the same time, the person himself cannot contemplate and comprehend the entire scale and depths of the alluring simulacrum, which is used as part of the power manipulation. After technological revolutions, simulacra really take over history itself. Automation and robotization contribute to this process. The automaton and the robot are two simulacra of a person that accelerate the political and legal mutation of a human being into a machine, when he receives the “status of a machine.” From that moment on, power continues to reign, although it ultimately transforms into simulation of power.  

VECTOR OF LEGAL SCIENCE Jurisprudence and its history in socio-political assessments and judgments

41-51 641
Abstract

 The article considers the history of legal science as a moment of evolution of legal thinking, expressing the basic laws of the latter. According to the author, the most important of the laws that determine the dynamics of scientific knowledge in diachronous retrospective is a phased movement from figuratively associative (pre-predicative) legal thinking to conceptual  thinking, which in its development also goes through a series of successive stages. As a result, the main trend in the history of legal science consists in the growth of knowledge, which manifests itself in the transition from a description of atomic legal facts to the identification of patterns that claim to be valid. This, in turn, predetermines the transformation of legal reality constructed by scientific knowledge. 

52-62 314
Abstract

 Сomplete the knowledge of the course on the history of state and law of Russia, author offers a new special legal course — “Legal Religious Studies”. The relevance of the presented task in expanding the knowledge of law students in the sphere of state-confessional relations in the country. Used historical and legal experience and regulatory framework. A broad scientific discussion on the stated topic is possible. Representatives of jurisprudence  are far from religious jurisprudence and therefore have a poor understanding of theology and the Foundations of Orthodoxy in general.  For this purpose, various textbooks and special courses are adapted, which are read in secular law schools. These include various textbooks on canon law, religious jurisprudence, and the history of religion. 

63-67 326
Abstract

 The article presents the author’s interpretation of the role and significance of politics in the history and theory of legal science and practice. It is emphasized that the actualization of this theory is associated with modern ideas of digitalization in the management of both individual social groups  and society as a whole. Significant in the modern period problems of the exercise of powers by state authorities and their officials, the balance of public and private interests, the separation of powers of the judicial and administrative branches of government, the implementation of the idea of the common good, the special role of the head of state, studied by the police, determine  the relevance of the analysis of the role and significance  of police studies in the history and theory of legal science and practice. 

68-77 266
Abstract

 Currently, there are a significant number of publications devoted to the study of handwriting, including from historical and legal positions, but this does not exhaust discussions on a number of issues. Among them-the definition of scientific lines, the periodization of the formation of  handwriting practice, based on specific legal disputes. The article shows when and by whom attempts were made to determine the place of handwriting in the system of knowledge. The purpose of this work, among  other things, is an attempt to objectively assess the fact that the definition  and perception of handwriting as a science is just as important as the  understanding of handwriting as an activity, because the scientific component will serve to progress in the development of the necessary techniques and technologies in handwriting. 

78-90 275
Abstract

 The historiography of political and legal doctrines as the main subject of research tries to answer the question: how were state and legal institutions studied in fact from the moment of their inception. In this sense, the history of political and legal doctrines is the history of the theory of state and law, since it reflects various forms of theoretical knowledge. This article  is  devoted to genre forms (sources) in which thinkers of different historical eras expressed their attitude to law, state, power and other phenomena and institutions close to them. The word “genre” is used deliberately due to the fact that political and legal categories were often written in a free style,  which makes various sources related to literary works. Genres (sources) reflect the evolution of political and legal doctrines — from religious texts and myths of antiquity to dissertation and monographic studies of the modern period of development of legal science. 

91-96 362
Abstract

 Each epoch and even stage of the historical evolution of mankind differs, among other things, in the perception of history, including the history of law  as a moment, a side of history as such. The article presents the author’s interpretation of the methodological foundations of the postmodern and post-postmodern history of law. A vivid cross-section of the historical understanding of the history of state and law is presented in the light of  modern problems of science and practice. The limitations of the postmodern history of law are shown. The prospects of the dialogic methodology of the history of law are demonstrated. 

97-103 443
Abstract

 The article presents the author’s interpretation of the new mission of the history of law, and shows the transformation of the history of law through ideas and images into a new science — the history and future of law. Unfortunately, over the years of the history of the Russian Federation, the innovations in domestic higher legal education neither raised its status, nor enhanced its scientific potential. However, a certain semblance of attention to the problem was constantly present in both political and scientific circles. Sometimes the gap between theory and practice further magnifies the notorious formula “Forget  everything you learned.” Only historical and legal analysis is capable of  combining the theory and practice of the legal, to infuse the current legislation with meaning. 

VECTOR OF LEGAL SCIENCE The Constitution as a historical matrix and a political resource

104-110 1445
Abstract

 The article substantiates the position that the teachings of the Enlightenment were compatible with the foundations of class society and  absolute monarchy. The formation of the branch of constitutional law is  usually associated with the “Great Rebellion” and “Glorious Revolution” in England. However, as a result of the English revolution, an unwritten constitution appeared, the interpretation of which gave rise to three  approaches: the “divine right” of R. Filmer, the theory of the social contract of J. R. Tolkien. Locke and the theory of the “ancient constitution”. The foundation of the science of constitutional law was laid by the teachings of the Enlightenment of the XVIII century. The ideas of “natural” equality, personal and political rights and freedoms, the restriction of “despotism” by law and the separation of powers contradicted the foundations of class society and absolute monarchies, but they were compatible with them. Enlightenment figures held positions in the royal service or were influential writers of their time. The doctrine and lawmaking of the “enlightened”  monarchy of Catherine II was based on these teachings, which led to the assimilation of a number of constitutional and legal ideas and the formation of state law of the Russian Empire. 

111-115 292
Abstract

 All Soviet constitutions contained provisions concerning the organization of the territory of the state. In the first Soviet constitutions, the issues of territory were  reflected in the articles establishing the system of local authorities and establishing the right of nations to self-determination. Ethnic diversity, differences in the social and legal life of national communities, made this idea close to both the official state-legal doctrine and the Bolshevik party program, which stated the need for regional self-government for localities that differ in special living conditions and the composition of the population. Starting with the Constitution of the USSR in 1936, the main law began to list the administrative-territorial and national-territorial units within that state. 

116-121 387
Abstract

 The article is devoted to the study of a number of problems associated with constitutional changes in the Russian legal order from 2020. The author proves that part 3 of Art. 67.1 of the Constitution of the Russian Federation, which established the legal necessity of “ensuring the protection of historical truth”, operates in conjunction with the constitutional rights to freedom of scientific creativity, freedom of thought and speech, the principle  of ideological diversity  and the democratic nature of Russian statehood. The right of citizens to their own position on historical issues and the search for their “historical truth”, which cannot be legally prescribed from the outside in the form of state-binding ideological provisions, followed from the existing constitutional regulation until the constitutional amendments of 2020 and continues to operate today due to the invariability of the chapters 1, 2 and 9 of the Constitution of the Russian Federation. 

122-129 314
Abstract

 The article substantiates the need for legislative consolidation of the protection of historical truth and countering the distortion of history. This task is determined by the spirit and letter of the amendments to the text of the Constitution of the Russian Federation adopted in 2020 by popular vote, and the tasks of patriotic education. The further into history the years of the Second  World War go, the more political insinuations arise that directly distort the  true  state of affairs on the world stage eighty years ago. This is understandable,  because the participants of those events living among us are becoming fewer and fewer, and this is very cleverly sought to take advantage of certain political forces both abroad and within our state. This brings the above-mentioned  problem to the level of interdisciplinary analysis in the framework of the panel discussion “Historical and legal science and education”. 

130-136 300
Abstract

 The article presents the author’s vision of the process of politicallegal and constitutional development of Russia during the twentieth century, features  of the dynamics of the values of society enshrined in the constitutions. The  fruitfulness of the application of the civilizational approach to the assessment of the lessons of the constitutional development of Russia, the key role of the spiritual and moral values of society, especially the Orthodox  tradition, is argued. The constitutional reform of 2020 in our country put an end to the undivided rule of neoliberalism in the state development of our Fatherland, but did not solve all the constitutional and legal issues. An  unchangeable part of the Russian constitution, it enshrines not only the  foundations of the Russian state system, human rights and freedoms, but  also our civilizational capitulation. It is impossible to say otherwise, seeing the regulated inferiority of sovereignty and the constitutional triumph of nihilism, embodied in the prohibition of any state or mandatory ideology, in the equality of all ideologies,  that there is an equalization of good and evil. 

137-144 349
Abstract

 Using historical and comparative research methods, the author of this article has shown that the constitutional reforms that took place in 2020 and reflected in the text of the Constitution of Russia are, to a certain extent, based on the proposals that have already been received from the political and academic community in the process of the constitutional reform of Russia 1990—1993. The author especially welcomes that the Constitution of Russia,  having  abandoned the liberal-democratic facets has made a bias towards the millennial sovereign, historical and cultural traditions. However, according to the  researcher, the Russian Constitution did not take into account the most important amendments, some of which are necessary for the development of  civil society institutions, including public control, and certain forms of local self-government. The author revealed the meaning of the proposed amendments to the Constitution of the Russian Federation and offered them to the interested reader for the purpose of further scientific discussion and scientific research on the theory and history of law and state, constitutional and municipal law. 

VECTOR OF LEGAL SCIENCE Pragmatism of history: potentials and experience, new challenges

145-152 639
Abstract

 The article studies trends in the development of law understanding in the context of digitalization. Based on a postclassical methodology, the article investigates the main structural elements of law understanding as a philosophical and legal category: the subject of law understanding, the  object  of law understanding, the content of law understanding. It is concluded that in  the context of digitalization, these elements have changed significantly, both in  meaning and in terms of their role in legal research. However, the transformation of law understanding is due not only to digitalization, but also to a change in the worldview paradigms of domestic legal science in the post-soviet period. Strengthening the conventionality of law and jurisprudence leads  to a shift in legal research from the reconstruction of law reality to its deconstruction. Law understanding not only retains, but also expands its significance as a methodological basis of law research of theoretical and sectoral orientation. 

153-161 391
Abstract

 In legal science, the question of the influence of legal understanding on the formation of legal culture is debatable. It seems that the legal understanding is the starting point of legal culture, since the ideas of law in its internal and external expression are the basis of individual behavior. The article presents  the author’s interpretation of legal incentives from a functional approach. Monuments of law, the scientific heritage of past years strongly speak of the deep historical roots of legal stimulus, the objective need of which is due to the “eternal” desire of a person to receive a reward. The effectiveness of  legal incentives depends directly on the level of the legal culture of the individual, the quality of law-making and law-enforcement activities.  

162-168 801
Abstract

 East — West dichotomy has traditionally remained one of the main problems of cultural studies, political philosophy, political science, and geopolitics. In the political and legal aspect, the opposition, starting with  Aristotle, whose ideas were developed by the analysis of the despotism of  East by Sh. Montesquieu, and then by K. Marx in his theory of the “Asian mode of production”, was formed into a Western European and American liberal tradition projected onto research totalitarian dictatorships of the first  half of the XX century. At the center of the political concept under consideration is the antagonism, confrontation and confrontation of the traditionally “liberal West”  and the equally traditionally “authoritarian East”,  which shaped and strengthened several civilizational and political-legal  myths. In modern conditions, we are talking not only, and probably not so much about traditional dichotomy as about interaction and convergence, including to counter global threats. 

169-178 337
Abstract

 The publication examines the role of the Universal Islamic Declaration of Human Rights in the formation and development of the Islamic human rights system. It is shown that the Universal Islamic Declaration of Human Rights drew the attention of the global and regional Islamic community to  the problem of human rights in Islamic states; provided a theoretical and methodological foundation for the Islamic human rights system, including  future conventions and other regional documents in the field of human rights; has become a reason for discussions about human rights in Islam among theorists and practitioners; served as an impetus for the  development of the doctrine of human rights in the Islamic region. It is  stated that the Universal Islamic Declaration of Human Rights has eliminated one of the alleged contradictions between the doctrine of Islam and the international concept of human rights. It has been substantiated that, although today the Islamic human rights system is not fully functioning, significant progress has been made, which suggests that its full launch will take place as soon as possible, for which only the political will of the Arab League member states is needed, but also support from the West, contrary to the dubious interests of geopolitical confrontation. 

179-187 305
Abstract

 The article provides a comparative legal analysis of the conditions for the formation and status of existing and existing judicial bodies of Eurasian  integration associations (the Union State, the CIS, the Customs Union, the EurAsEC, the EAEU), which are an integral element of the institutional structure of these associations. The author identifies and formulates the conditionality of the status of these courts to the specifics of each  integration association, determined by the totality of interests, goals and  objectives pursued by the states that are members of this association. The author also determines the conditionality of the development of courts by the consistency of legal systems and national legal consciousness in the member countries of integration organizations.
The latest in the post-Soviet integration space, the EEU Court has a number  of advantages over the CIS Economic Court, the fate of which should be considered in the context of determining the prospects for the development  of the CIS itself. At the same time, being the “legal successor”  of the EurAsEC Court, the EAEU Court is “weaker” in many elements of its status than its predecessor.
The author points out the fallacy of the simplified explanation of the  restrictions that occurred in the status of the EAEU Court, in particular, the  unjustified judicial activism of its predecessor. In his opinion, the current  status of the EAEU Court was a recognition of the complex political and mental nature of the Economic Union, which requires a more evolutionary  development of communitarian legislation, forms of its interaction with  national legal systems that fully take into account the traditions and legal consciousness in the EAEU member states. 

188-191 1496
Abstract

 Domestic justice today is like all state-legal spheres in a constant search for new solutions. Everyone should feel not only the transparency and accessibility of the court, but also its justice, humanism, and individualism. Russia cannot lag behind in the race for technology. Progress, as always in the history of civilization, is able to bring our country to a new qualitative level of legal proceedings. The author analyzes the practice of the application of artificial intelligence technology in organizing court work and in administration of  justice, and also addresses the prospects and risks of its broader use. 

VECTOR OF LEGAL SCIENCE The irrational in the rational: the path to the legal ideal

192-197 351
Abstract

 The small essay “Topics and Jurisprudence”, which was published in 1953 by a then obscure assistant professor of the Mainz University Theodor Viehweg,  boldly challenged the self-complacency of the corner stone of legal positivism, i.e. the thesis of the hierarchical structure of legal norms.  Moreover, Viehweg maintained that legal thinking is sooner inductive and problematic, than deductive and abstract. Viehweg is even eager to dismiss the term “problem” in favour of the more stringent term “aporia”. This word rather means a dead-end problem with inherent contradictions, demanding nonetheless an obligatory solution. The author compared the main theses of legal topics with the original views of Aristotle, who had laid the philosophical foundation of topics as a tool  of philosophical investigations. The author concludes that in order to rejuvenate the theoretical basis of jurisprudence Viehweg tried to sublimate the “topical method”, which according to Aristotle had to play a rather modest role as a “one more” didactic tool. 

198-206 544
Abstract

 The article presents the author’s approach of the argument on the right of resistance, which used by Hans Kelsen to criticize the theory of natural law. The study of the history of ideas and the nature of the right of resistance to oppression makes it possible to consider this right as an attribute of fair law and  order, which natural law makes demands on. Natural law has been used since ancient times to evaluate positive law. The appeal to justice is a very characteristic technique for the natural law doctrine, which is especially in demand in complex critical periods of human history, when there is a need to legitimize the establishment of a new legal order. 

207-212 346
Abstract

 Ethno-confessional factors played far from the main role in the formulation of the first federations. However, their importance increases in the XX century and especially in the era of globalization. The experience of Switzerland and Germany speaks of the importance of competition between faiths. Canada demonstrates the negative effects of ethnic dualism, while India shows the possibility of ethno-linguistic demarcation in conditions of particularly high multi-ethnicity. Under these circumstances, it would hardly make sense to plan the transformation of the multinational Russian Federation according to a purely  territorial-administrative principle. 

213-218 309
Abstract

 The article deals with the legal and anthropological view of the concept of “god” and the role of the institution of the church in the constitutional and state-legal system of Russia. The modern political and state space is unthinkable without the role of religious organizations, which have become an integral part of civil society. The study is devoted to the state policy of Russia in matters of religion, the interaction of the church and secular authorities based on the  analysis of constitutional legislation. The article states the preservation of traditional relations in the legal consciousness and legal culture of Russia, the restoration of the legal structure about the role of the divine principle in the construction and development of statehood. 

TRIBUNE FOR YOUNG SCIENTIST

219-224 802
Abstract

 The article is devoted to the community self-government in prerevolutionary Russia, its theoretical reasoning and its understanding Russian scientists. The types and forms of self-government are studied. The social and state theories of self-government are considered, the main statements of their supporters are highlighted. Historically, the first form of self — government is considered-the  veche assembly, characteristic of the time when selfgovernment had a wide  range of powers. Centralization of power and weakening of self-government,  inherent in the period of the Moscow Principality.  The article considers the  reform of self-government carried out by Ivan the Terrible (Ivan IV), the class-representative nature of self-government during his reign; the administrative-territorial division of Peter I and the system of magistrates; the system of class-based local self-government headed by the nobility under Catherine II; the reform of local self-government of Alexander I that affected the state peasants; the abolition of serfdom in 1861. 

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)