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No 12 (2023)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

IN MEMORY OF EKATERINA IVANOVNA KOZLOVA

PROFESSOR E. I. KOZLOVA IS A THEORIST OF CONSTITUTIONAL LAW

33-43 321
Abstract

The will of the multinational people of Russia is the basis of the political process of a modern state. The values enshrined in the Constitution of the Russian Federation are a guideline for the political process, legal consolidation of goals and objectives facing the state and civil society; the basis for specific legal regulation and act as a criterion for balancing various interests. The article analyzes the creative heritage of Professor E. I. Kozlova in terms of her study of fundamental issues of the theory of democracy and various forms of its manifestation and mechanisms of implementation. Over the course of many years of her creative life, Ekaterina Ivanovna Kozlova has studied the evolution of the conceptual foundations of democracy in the Russian Federation, the quintessence of which is the will of the people. In light of the constitutional amendments of 2020 and the digitalization of state and public life, ideas, fears and judgments about the significance of the will of the people of the classics of state (constitutional) law take on a new meaning. The institutionalization of the political process and its legal concept is the basis of the modern theory of practical cratology. The author’s vision of the constitutional design of the foundations, tasks and subjects of the political process is proposed.

44-53 189
Abstract

The article is an experience of reflection on the meaning and nature of continuity in the constitutional development of the institutions of Russian statehood in the context of the ideological and scientific heritage of Professor E. I. Kozlova. Defending the position according to which continuity is not an imperative-determinant, but a dialogic (discursive) characteristic of constitutional and legal development, involving the identification and interpretation of political and legal traditions, ideals, values in their refraction through the prism of specific historical conditions and perceived hopes, aspirations for the future, the author sees in continuity a source and institution of sovereign self-organization of the people. Following these methodological approaches, which are being confirmed, substantiation in the works of Professor E. I. Kozlova, who managed to remain modern and timely in different historical eras, the author reveals the actual significance of a number of ideas of Professor E. I. Kozlova in relation to understanding the essence of the Constitution, constitutional law in order to gain a confident constitutional future of Russia in legal science, education, regulation and legal practice.

54-63 244
Abstract

The article is devoted to the analysis and consolidation of the main conclusions about the legal nature and features of domestic institutions of representative democracy in the works of Professor, Doctor of Law Ekaterina Ivanovna Kozlova. It is concluded that representative bodies and the will of the people remained the scientific interest of the founder of modern constitutionalism throughout his entire research career. From the point of view of the timeless nature of judgments and law enforcement in current realities, the elements and institutions of representative democracy are analyzed: sessional order of work; meetings as a form of activity; the formation of auxiliary and working bodies, which, in turn, cannot be classified as independent institutions of representative democracy; feedback, reports, preliminary discussions of decisions as a form of communication between deputies and voters; the principle of transparency and detailed legal regulation of activities. Ekaterina Ivanovna’s negative assessment of the rejection of the procedure for constituting representative bodies is supported.

64-68 176
Abstract

The article analyzes the legacy of Professor E. I. Kozlova in terms of fundamental research of the concept and content of the institute of democracy. The content of the institute of democracy is the subject of research by many constitutionalists of different times, since this institution occupies one of the leading places in constitutional law. The constitutional principle of democracy underlies the system of organization of public power, and is also fundamental to the functioning of a democratic state. Special attention is paid to approaches in understanding the subject of democracy in both a socialist and a democratic state. Based on the study of the works of E. I. Kozlova, it is noted that there are similar trends in the transformation of the institution of democracy in the socialist state (USSR) and currently (Russian Federation).

ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. ЗАРУБЕЖНЫЙ ОПЫТ

69-82 303
Abstract

The article examines the main stages in the development of the concept of human rights in the United States of America. The evolution of the traditional concept of human rights is traced, starting with the positions of the «Founding Fathers» of the United States. A classification of decisions of the US Supreme Court made on the basis of the natural law theory of constitutional interpretation is presented. The significant influence of the theory of natural law on the formation of American constitutionalism and, especially, judicial practice is noted. The features of the modernist concept of human rights in the United States, which is based on the idea of protecting private property as the foundation of individual freedom, are analyzed. The conclusion is formulated about the absence in the modern US constitutional doctrine of recognition of the fundamental importance of rights of a social, economic and cultural nature. The features of the official «progressive agenda», mandatory for the whole world, are revealed, which consists of the following provisions: desovereignization, antinatalism, and a negative attitude towards the family, in the traditional sense. The article presents a general description of the American concept of human rights.

VECTOR OF LEGAL SCIENCE. Theoretical Problems of the Development of Constitutional Law in Russia

83-91 193
Abstract

The article analyzes the dynamics of the legal regulation of dual (multiple) citizenship of the Russian Federation, which reflects the legal ideology in the emerging geopolitical situation. Scientific concepts influence the law-making process and are reflected in legal acts on citizenship. Under certain conditions, law-making decisions, in particular, on the constitutionalization of the idea of the permissibility of dual citizenship, are based on the subjectivity of legislators. Dual citizenship is destructive for the foundations of the constitutional system of Russia, since its voluntary bearer loses the quality of loyalty to his state. It is necessary to cultivate moral imperatives that are stronger than legal principles and values. Loyalty of a citizen to his state (Russia) is the most important moral imperative that requires protection from the state. The next significant legal action in this direction should be the revision of Art. 62 of the Constitution of Russia — the exclusion from it of the norm on the voluntary right to have dual citizenship.

92-103 479
Abstract

The article analyzes the opinions of scholars and concludes that the “broad” interpretation of the concept of procedural norms, which actually identifies them with procedural norms, is the most reasonable for constitutional law. On the basis of the studied opinions of constitutional scholars, the author’s definition of the concept of procedural norms of constitutional law is proposed. The idea that the procedural component of constitutional law is the result of legal differentiation, as the completeness of legal regulation of dynamic social relations requires the creation of norms that enshrine the mechanism of their realization. The specific features of procedural norms of constitutional law are identified and analyzed, which include: special purpose, features of the external form of expression, determining character for procedural norms of other branches, implementation by a variety of subjects of procedural relations, focus on ensuring the unity of the system of legal regulation. It is concluded that the institutes of constitutional law have substantive and procedural character.

104-114 193
Abstract

The article attempts a chronological analysis of the adoption of normative legal acts that are the source of such an institution of constitutional law of the Russian Federation as the judiciary in order to identify trends in its development. The author, using the theoretical developments of Professor E. I. Kozlova regarding the objective conditionality of the complexity of the structure of the legal institution, the expansion and detailing of constitutional legal norms, tries to identify those factors that lead to the transformation of the legal matter in modern Russia. Recognizing the wellfounded conclusions made by an outstanding scientist back in the Soviet period, the author concludes that the influence of the highlighted E. I. Kozlova considers such a factor as the maturity of public relations for the development of the institution of judicial power in modern conditions, as well as the simplification of the structure of the institution of judicial power in connection with the exclusion from its elemental composition of the Supreme Arbitration Court of the Russian Federation, constitutional (statutory) courts of the subjects of the Russian Federation, which is associated with the ongoing search for an optimal model of judicial power in a transitional stage the development of the Russian state and society and modern geopolitical changes.

115-123 286
Abstract

The article examines the application of the constitutional principle of trust in the system of separation of powers, using the example of a model of interaction between the Government of the Russian Federation and the State Duma. The conclusion is formulated that the constitutional evolution of the control powers of the State Duma in relation to the Government of the Russian Federation, which occurred on the basis of laws on amendments to the Constitution of the Russian Federation (2008, 2020), is aimed at strengthening parliamentary control over the activities of the executive branch and is aimed at creating the most effective mechanism of public administration. The existing model of interaction between the Government of the Russian Federation and the State Duma within the framework of the Constitution of the Russian Federation, current federal legislation, Rules of Procedure of the State Duma and the practice of their application indicates the expansion of directions and forms of their interaction based on the constitutional principle of trust.

VECTOR OF LEGAL SCIENCE. Public Power through the Prism of Constitutional Amendments and Scientific and Technological Progress

124-134 233
Abstract

The article is dedicated to analyzing the research activities of Ekaterina Ivanovna Kozlova in the context of contemporary challenges in constitutional law and the formation process of the domestic doctrine of public power. The article conducts a profound examination of E. I. Kozlova’s scientific legacy, addressing issues relating to popular sovereignty, patterns of forming the people’s will, as well as the characteristics of the representative nature of state bodies, municipal, and public representation. As a result of the analysis, key features of the constitutional structure of public power were identified, including shifts in the balance between general and detailed regulations when establishing the fundamentals of societal organization and the core values of society. Conclusions were drawn regarding the potential for further detailed elaboration and clarification of constitutional norms pertaining to the category of “public power”. These findings underscore the importance of continuing research in the field of constitutional law and advancing the understanding of public power within the context of contemporary challenges and the needs of Russian society.

135-143 265
Abstract

On the eve of the centenary of the birth of Professor E. I. Kozlova, who devoted her scientific life to the study of the problems of democracy and the forms of its implementation, attention should be paid to the problem of improving the mechanisms of parliamentary activity, which she repeatedly raised in her writings of the soviet period. Revealing the legal nature and essence of the representative bodies of the soviet period — the soviets of workers’ deputies, later — the Soviets of People’s deputies, in the post-Soviet period — parliaments, E.I. Kozlova emphasized the enduring importance of the procedures of the representative bodies. Analyzing the scientific heritage of Professor E. I. Kozlova, the author substantiates the relevance of the scientist’s conclusions and proposals for modern representative bodies, defines some directions for the development of the scientist’s ideas.

144-152 190
Abstract

The article deals with the main issues of power and the will of the people, associated with the activities of public authorities. Consideration of these issues is based on the works of Professor E. I. Kozlova. It is noted that the content of a democratic state should be based on the values of the society of a particular state, without establishing the primacy of a single standard of a liberal state. Building a democratic state may be associated with the solution of the following tasks: achieving a balance of interests of the whole society and the minority; creating conditions for a broad discussion of issues of state and public importance; providing access to information about the activities of public authorities; historical succession of state building. It is noted that these tasks are solved in law through the introduction of public discussion of bills; fixing traditional values in constitutional law and sectoral legislation and ensuring their protection (protection of the feelings of believers, a ban on the rehabilitation of Nazism, a ban on same-sex marriages). At the same time, it is proposed: to introduce criteria and grounds for mandatory public discussions for public authorities; legislative consolidation of the publication of transcripts of meetings of public authorities that do not contain state secrets. In the development of the theory of democracy E. I. Kozlova, the author notes that the list of forms of realization of national sovereignty cannot be closed, it is constantly updated and developed by the peoples themselves, in accordance with their will.

SCIENTIFIC RESEARCH

153-164 197
Abstract

The article deals with both topical and not always clearly visible legal problems caused by modern processes that occur in the material world and its comprehension, as a result of the so-called “IV Industrial Revolution” and the fifth and sixth “technological orders” (which are mostly enclosed within the framework of technical/technological transformations in the economy, industry, agriculture, science and society in whole, and their outcome — digitalization, robotization, “artificial intelligence”, platforms and “platform law”, digital technologies, “network law” / cyber law, “electronic identity”, etc.). In the course of the research, the author’s gaze focuses on sometimes oppositely charged, with a multidirectional force of effect and various facets available in the very essence or the consequences of the phenomena under consideration, including the wide and rapid proliferation of the concepts and the theories of “accelerated speed of changes in the material world”, “the laws of disruption” and the impact thereof on the law.

165-172 203
Abstract

This article examines the impact of digital technologies on the legitimacy of the electoral process in the Russian Federation. By showcasing the evolution of the technical equipment within the Russian electoral system, the author highlights its adaptability and ability to quickly embrace technical innovations. Through the analysis of experiences accumulated over past electoral cycles, the author demonstrates the positive effects of digital technologies on legitimizing the electoral process and outlines the main examples of such influence. In particular, the role of technological innovations in minimizing the impact of the “human factor” on the electoral process is shown. Additionally, the paper illustrates the significant contribution of remote electronic voting to improving the accessibility of elections for all groups of the population, which in turn leads to an increase in the representativeness of their results. Thus, the author reaches a reasoned conclusion about the necessity of continuing the integration of advanced digital technologies into election procedures at all levels to increase the legitimacy of the election procedure itself and the authority bodies formed as a result, including the regional legislatures of the Russian Federation.

173-183 190
Abstract

In this article, an analysis of relevant, according to modern researchers, methods of assessing the socio-economic asymmetry of regions in the aspect of ensuring national economic security is carried out and their significance for the present development of the economy is revealed. As part of such an analysis, the interaction between the socio-economic development of the regions and national economic security is investigated, as well as the types of possible development of regions from which asymmetric is distinguished. Among the methodological foundations for assessing the socio- economic asymmetry of the regions of Russia, the article discusses and notes the dominant advantages of using the following methods: the method of expert assessments, the method of reformatting the territorial and administrative structure of the region to reduce asymmetry, assessing the impact of the industrial cluster on the socio-economic development of the region, SWOT analysis. As an example, calculations of socio-economic asymmetry were made based on statistical data for 2019 and 2020 in the Central and North Caucasus Federal Districts for the fundamental indicator of socio-economic development — the gross regional product. Using the results of the calculations, the relevance of the problem of interregional differentiation of socioeconomic development in Russia for the present period is assessed and some ways of solving such a problem are proposed, possible at this stage.

TRIBUNE FOR YOUNG SCIENTIST

184-190 225
Abstract

the article examines some of the constitutional foundations of the welfare state in Russia, its features, taking into account the market model of the Russian economy. The author problematizes the relationship between the obligations of public authorities for the proper social security of citizens with the financial and economic capabilities of the state, develops the ideas of E. I. Kozlova on the need for a fair distribution of economic benefits and, in general, on the constitutional regulation of relevant relations. The article concludes that in the current configuration of budget revenues at various levels, in order to increase the social well-being of citizens through the performance of socio-economic functions by public authorities, the state needs to create the most attractive and favorable conditions for economic activity in the country, support and stimulate the business activity of the population.

191-198 247
Abstract

The article analyzes the scientific heritage of Professor E.I. Kozlova in terms of her study of the implementation of the principle of people’s power. In her works Ekaterina Ivanovna Kozlova investigated the evolution of the conceptual foundations of people’s power in the Russian Federation. Her ideas are reflected in the modern doctrine of constitutional law. The article reveals the development of the ideas of people’s representation in modern Russia, taking into account the development of society and scientific and technological progress, analyzes the creation of new existing mechanisms for the implementation of the principle of people’s power. Special attention is paid to the ideological foundations of people’s power based on pluralism of opinions in the light of the emerging public debate on the possibility of return to a mandatory state ideology. The article also considers the institute of preliminary voting (primaries) as an effective feedback mechanism between voters and political parties, contributing to the transparency of the modern political system of Russia. It also reviews the existing electoral systems used in the Russian Federation for the election of public authorities at the regional and municipal levels and analyzes trends in their development.

199-209 179
Abstract

The article is devoted to the study of the current state of Russian society, its social development at the turn of the 30th anniversary of the Constitution. The author, relying on the judgments of Ekaterina Ivanovna Kozlova devoted to the formation of the current statehood, turns to the assessment of ensuring compliance of constitutional provisions with the social reality of Russian society, the constitutional approaches laid down, the results achieved, the planned prospects and expectations. The modern development of Russian society follows the path of democratization and socialization. The ongoing legal transformations contribute to this. The social development of society is proclaimed the goal of any democratic rule of law state. The social development of Russian society proceeds from the constitutional foundations of the welfare state. The social development of Russian society is carried out through constitutional transformations of social spheres of society aimed at changing the way of life of society, improving well-being, forming socio-economic incentives, increasing social guarantees and updating the modern economy. According to the author, the main directions of social development of Russian society are spiritual and moral (ideological) values, the social potential of the family; economic development.

LAW IN HISTORICAL REFRACTION. Some Pages of the Past Periodicals

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