Annotations № 2 (161) / 2025

THEORY OF LAW AND STATE

Belov S. (Saint-Petersburg) Value of law and law’s values

Actual threats to the existence and carrying of law into the social reality does not consist, as before, only in the trampling of law for the sake of goals and interests that seem more significant, but also in non-legal and even anti-legal phenomena feign to be legal. In particular, normative regulations that only superficially resembles law, but in reality has little in common with it, pretend to be law. However, for identifying such threats a deep understanding of the essence of law is required, while modern legal science poorly provides this, losing the global understanding of law in its various descriptions and dimensions. To solve this problem, an axiological approach to law, rather than an ontological one, can be productive. The value of law need to be identified as a social phenomenon. For this purpose, it is necessary to distinguish between the social value of law and the values that law substantively embodies. This article describes three main parameters of the social value of law – the creation of social certainty and predictability, the effectiveness of protecting individual and collective interests, and coercion. For each of these characteristics of law, author describes its content and how exactly the law embodies them. The article also presents differences between the social value of law the values of law identified in the legal science – freedom, justice, equality and order. This opens the way to under- stand what values the law seeks to embody by its nature. Both characteristics of law provide grounds for identifying in social reality what axiologically appears as law. Such an approach can serve as an effective tool for supporting and preserving law, taking into account its social significance.

Key words: value of law, legal values, values of law, legal axiology, legal certainty, interests in law, coercion in law

INTERNATIONAL LAW

Tolstykh V. (Moscow) China’s international legal policy at the present stage

China’s international legal policy is not just a set of statements and treaties relating to specific foreign policy issues. It is also a set of positions on a number of critical issues of world order and international law, and an expressed intention to bring this order into conformity with those positions (which China believes are shared by most countries and can ensure the prosperity of humankind). It has significant transformative potential, especially in the context of the crisis of contemporary international law, people’s general disappointment with politics, and the aggravation of the international situation in the 2020s. This means it needs serious analysis. The article confidently examines the overall context of China’s international legal policy, the ideologems (narratives) that China employs, its general attitude towards international law, the PRC Law on International Relations, the place of international law in China’s domestic order, its attitude towards human rights and international organisations, and the question of the instrumental nature of Chinese approaches. China’s attitude towards international law is multi-faceted. First, China views international law as a tool of the West used to propagate liberal ideology and counters this with its own vision involving sovereignty, inclusiveness, coexistence, etc. Secondly, China’s approach to law is fundamentally different. It does not perceive law as an abstract and impartial regulator, but rather as a political instrument based on force. This implies inherent inequality, distrust of the courts, instrumental- ism and a lack of dogmatism. Third, China seeks to bring to the world order a normativity that derives from virtue and morality, a sense of harmony, the cyclical nature of history, the social order, and the decisions of meritocrats. Fourth, like any other country, China has specific interests; because certain institutions of international law pose a threat, sometimes critical, to them, it seeks to modify or abolish those institutions. Finally, fifth, China’s political development is difficult to predict: its domestic policy (and, as a result, its international legal policy) is in a state of transition, the end point of which has yet to be determined.

Key words: international law, China, Confucianism, international treaties, human rights, international organisations, instrumental approach to inter- national law

Ponamorenko V., Minasyan K. (Moscow) Countering the laundering of corrupt proceeds: a comparative legal analysis of the practices of Russia and Armenia

This article is devoted to a comparative analysis of the legal, institutional, methodological and informational-technical frameworks for countering the laundering of corruption proceeds in the Russian Federation and the Republic of Armenia. The authors aim, through this analysis, to formulate recommendations for improving mechanisms to combat the laundering of corruption proceeds in Russia and the Eurasian region as a whole. The research is logically structured, beginning with an examination of international conceptual and organizational-legal foundations for combating the laundering of corruption proceeds, and progressing to regional and national bases for implementing such policies. The paper examines international obligations, including the implementation of relevant FATF recommendations, as well as their reflection in the national legal acts of both countries. To achieve the stated objectives, the authors conduct a comparative analysis of Russian and Armenian legislation in the fields of anti-corruption and AML/CFT, identifying commonalities and key differences in national approaches to combating financial crime. In addition to analyzing institutional and legal foundations, particular attention is paid to the methodological and informational-technical aspects of countering the laundering of corruption proceeds, such as software tools for financial transaction monitoring, reporting systems and mechanisms for interaction among authorized bodies. Based on the identified trends and challenges, proposals are formulated to improve legislation and enhance the level of interstate cooperation in combating corruption and laundering of corruption proceeds. The research outcomes emphasize the necessity of sharing advanced national practices to effectively counteract the legalization of corruption proceeds.

Key words: corruption, AML/CFT, Rosfinmonitoring, EAG, Anti-Corruption Committee, anti-corruption measures, financial monitoring

CONSTITUTIONAL LAW AND PROCEDURE

Chirninov A. (Yekaterinburg) Types of argumentative operations in constitutional discourse

A wide variety of argumentative operations is inherent in constitutional justice. We can explain this both by the features of constitutional regulation (the brevity of the constitutional text, the predominance of general principles in it, the use of generalized notions and concepts, their value-laden nature, etc.), and the evaluative nature of constitutional review, which requires a substantive comparison of constitutional provisions with challenged legal norms. The article examines the types of argumentative operations used in constitutional justice. The author argues that, despite the possibility of reducing all argumentative actions to three basic operations (assertion, justification and criticism), it is fair to single out specific argumentative operations that reflect the peculiarities of constitutional discourse. The article pays special attention to the types of argumentative operations identified by Duncan Kennedy. The value of his typology lies in the fact that it is based on the opposition of arguments of the same type to each other, and it allows us to discover the internal dialectic of a legal dispute. In order to analyze its general dynamics, the article examines cross-attacks on arguments, when it is necessary to give preference to one of the competing arguments of different types, which in a particular context will be considered the most significant. It also turns out that a fairly effective strategy is to undermine the legitimacy of a certain type of argument by denying the very possibility of appealing to the attacked argument. The author shows that each type of argument is criticized in accordance with its structure and content, and these attacks are quite stereotypical. Finally, the nature of argumentative operations is influenced by the structural features of constitutional review

Key words: constitutional justice, argumentative operations, judicial reasoning, constitutional argumentation, constitutional discourse

Balakaev V. (Yekaterinburg) «Yes, your excellency!»: the French parliament’s reaction to Constitutional council’s decisions

The constitutional control bodies are authorized to pass a normative prescription to the legislator. Pursuant to this prescription the legislative body is obliged to change unconstitutional laws. However, for example, the Constitutional Council of France never passes normative prescriptions. But it does not affect the effectiveness of the enforcement of the Council’s decisions by Parliament. The author analyzes a number of decisions of the Constitutional Council of France, that demanded some changes in French legislation, and the author also analyzes the effectiveness of their enforcement (with a special emphasis on such a parameter of the effectiveness of the execution of an act of constitutional justice as the speed of its execution). Also the author examines the features of constitutional control in France as a whole and outlines a range of factors that allow the French Parliament to respond promptly to the decisions of the Constitutional Council. The conclusion is that the Council’s decisions are enforced extremely promptly even without passing any normative prescriptions. The French experience clearly shows us that the reasons of normative prescriptions’ non-enforcement do not always depend on the quality of the prescriptions themselves or the clarity of constitutional courts’ decisions. In the author’s opinion, it may depend on legal features of a particular constitutional control body’s decision or these reasons may lie beyond the legal plane altogether (the separation of powers national traditions, the level of legal culture in a particular jurisdiction, etc.).

Key words: constitutional control, normative prescription, the Constitutional Council of France, parliament, enforcement of constitutional court’s decision

CIVIL LAW AND PROCEDURE

Medvedev S. (Melitopol) About some aspects of the origination of the right of public ownership on new Russian Federation’s subjects (on the example of Zaporozhye region)

The problem of confirmation and establishing of legal status of assets located on former Ukrainian territories after their incorporation in Russian Federation is considered in the article. The author analyses procedure and conditions of origination of ownership rights of Russian Federation, new Federation’s subjects, municipal entities concerning real assets, located on new Federation’ subjects and ownerless assets (on the example of Zaporozhye region). The article focuses on two main ways of public property creation in the territory of new entities: «assets delineation» and the recognition of a thing as an ownerless. The author concludes that «assets delineation» presupposes not only possibility transfer former Ukrainian public property to Russian one, but also can admits transfer of private property that originated under Ukrainian jurisdiction. The author also touches on peculiarities of recognition of assets as ownerless are concerned in the article on the example of Zaporozhye region.

Key words: delineation of property, delineation of assets, ownerless assets, transitional period, interim administration, legal fiction

Aldgem B., Fedosov I. (Saint-Petersburg) Transfer of residential premises under a purchase and sale agreement in Russian and Syrian legislation: a comparative analysis of secular and islamic law

The article is devoted to the problem of the process of transferring residential premises using the example of a comparative analysis of Syrian and Russian legislation. The study, which is comparative in nature, highlights key differences and similarities in the legal norms and administrative procedures governing the transfer of residential premises in different legal orders – Russian and Syrian. The article emphasizes the importance of the issues of transfer of residential premises in Islamic law and the increased attention of the Islamic legislator not only in modern times, but also in historical retrospect to this issue. The basic principles and provisions of Sharia that influence the process of transfer of property are considered. The authors show the importance of observing Islamic norms when making real estate transactions for Muslim communities. The article provides a comprehensive analysis of the legal aspects of the transfer of residential premises, taking into account both modern legislative approaches and legal views of Syria and Russia, and traditional norms of Islamic law. The subject of the publication’s research is a set of legislative norms and law enforcement approaches regarding the transfer of residential premises under a contract for the sale and purchase of residential premises in Russian and Syrian legislation. The purpose of the study is, firstly, to identify similarities and differences in regulating the issue of transfer of residential premises under a contract for the sale and purchase of residential premises both in the modern legislation of the Syrian Arab Republic and the Russian Federation, and in the doctrine of Islamic law; secondly, on the basis of the comparative analysis carried out – the development of proposals for the mutual enrichment of legal orders in terms of regulating the issue of transfer of residential premises under a residential purchase and sale agreement. The methodological basis of the study is made up of general scientific methods of cognition in combination with specific scientific methods developed by legal and historical science: formal legal, comparative legal, historical, systemic method, method of analysis and synthesis, method of legal interpretation. The authors of the study come to the conclusion that both the actual and formal legal transfer of residential premises under a contract for the sale of residential premises from the seller to the buyer is one of the main, constitutive elements of the very legal structure of such an agreement, and the transfer of the acquired property into the possession of the buyer considered the basis of the contract and the consequence of the contract. Thus, it is concluded that the formal transfer of residential premises in the absence of the actual transfer of property is deliberately unreliable.

Key words: transfer of residential premises, contract, purchase and sale, Russia, Syria, comparative analysis, Islamic law, civil law

Mikhailova E. (Moscow) About the issue of the limitation period in cases involving public entities

The article analyzes the legal nature of civil cases involving public entities and the procedural form of protection applicable to them. It is noted that the legal status of public-law entities in civil law relations is specific, since they are bearers of state or public interest. Meanwhile, public law entities act in private law relations on an equal basis with other entities. Based on a critical analysis of the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the author comes to the conclusion that there is inconsistency in these matters between substantive and procedural legislation. It is proposed to form a new type of civil and arbitration proceedings regulating the procedural features of consideration and resolution of private law disputes involving public law entities. The absence of legislative and doctrinal grounds for not applying the institution of limitation period in the cases under consideration is proven. It is noted that in cases of illegal privatization, to which the Constitutional Court of the Russian Federation considers it necessary to extend the limitation period, the public interest is unjustifiably infringed. It is proposed to calculate the limitation period for claims by prosecutors in defense of the interests of the state from the moment when the relevant violation became known directly to the prosecutor’s office.

Key words: public law cases, claim proceedings, limitation period, the state as a subject of civil law, claim by the prosecutor, administrative proceedings, private and public interests

ADMINISTRATIVE LAW AND PROCEDURE

Vinokurov V. (Saint-Petersburg) Individual problems of observing the human right to personal dignity in public service

The article examines the human right to the dignity of the individual, enshrined in the Constitution of the Russian Federation, through an analysis of provisions related to respect for the individual and humiliation of human dignity. The object of the study is federal government employees: military personnel and employees of other federal government agencies with special ranks. The norms of federal laws that regulate or, in the author’s opinion, should regulate the issues under consideration are analyzed, as well as other legal acts related to the research topic. The study of the regulatory legal framework revealed that the requirements for official conduct, prescribing respect for colleagues (military personnel, employees), not to humiliate them, as well as responsibility for violating these norms, are regulated in detail only in relation to military personnel. Other types of civil service legislation contain very general rules regarding respect and prohibition of humiliation, or do not contain such rules, which allows bosses to humiliate subordinates with almost impunity. In conclusion, recommendations are formulated to supplement the legal norms, which make it possible to legislate the obligation to respect the honor and dignity of employees, to prevent humiliation of the honor and dignity of employees, providing for liability for violations of these rules both in disciplinary and criminal proceedings.

Key words: Constitution of the Russian Federation, rights and freedoms, dignity of the individual, civil servant, soldier, superior and subordinate

PROCURACY SUPERVISION

Ergashev E., Sagaeva A. (Yekaterinburg) Prosecutor’s inspection as a mean of detecting violations of the law: problems of theory and practice

The article examines issues related to the legal means of identifying violations of the law by the prosecutor – the prosecutor’s inspection. The goals, objectives, types of the prosecutor’s inspection are defined; the main problematic theoretical aspects of the legal nature of understanding and implementing the prosecutor’s inspection are investigated.

Key words: legal means of prosecutorial authorities to identify violations of laws, prosecutorial inspection and its types, inspection entities authorized to conduct prosecutorial inspection, prosecutorial inspection in court proceedings

LABOUR AND SOCIAL LAW

Mishunina A., Smirnov M. (Tyumen) Legal regulation of labour activities of foreign highly qualified specialists: practice of Russia and Germany

The article studies the legal regulation of labour activity of foreign citizens who are highly qualified specialists in a federal state (using the Russian Federation and Germany as examples). Particular attention is paid to the study of legal mechanisms for attracting foreign highly qualified specialists to Germany, in particular the provisions of the Law on Attracting Qualified Specialists (Fachkräfteeinwanderungsgesetz). The key legal instruments provided for by this normative act, their importance in ensuring legal regulation of labour migration, integration and adaptation of labour migrants in the host society are considered. Both general scientific and special methods of scientific knowledge were used in the study. This made it possible to comprehensively study the features of legal regulation of this issue. The general scientific methods underlying the work include the comparison method, the historical method, as well as the methods of analysis and synthesis. The use of these approaches contributed to the identification and study of key changes in the migration legislation of Germany in recent years. The use of special legal methods allowed us to consider in detail the specifics of legal regulation of labour migration. In particular, the method of interpreting regulatory legal acts and the comparative legal approach were used to analyze the legal norms governing the legal status of labour migrants. These methods helped to identify both the strengths and problematic aspects of the legal regulation of attracting foreign qualified specialists in Germany, which allowed us to cover the topic under study in more depth. The article notes the positive experience of migration legislation in the field of labour activity of foreign citizens in Germany, and suggests possible areas for improving the migration legislation of the Russian Federation. The need for legislative changes in the implementation of legal instruments of digitalization for the organized selection of foreign highly qualified specialists is substantiated, including a proposal to develop and implement the State Automated System «Specialist-Pro» for self-assessment by potential foreign highly qualified specialists wishing to work in Russia of their professional competencies and level of qualifications.

Key words: implementation of labour activities, foreign highly qualified specialists, Russia, Germany, migration legislation, digitalization

ECONOMICS AND LAW

Imanalieva M. (Moscow) Legal regulation of relations on the Internet in China. Historical aspect

The article examines the history of legal regulation of relations on the Internet in China. The historical stages of the Internet regulation process in China in connection with the development of the network are highlighted, which made it possible to highlight the features of the legal regulation of this area, as well as to note the key characteristics of building a «Chinese firewall». Based on the conducted research, the author draws conclusions about the reasons for the effectiveness of the Chinese approach to regulating relations on the Internet, and also suggests a definition of the concept of «malicious information», which is key in the field of network information content security.

Key words: China, Internet, information, information security

PROBLEMS OF LEGAL SCIENCE AND EDUCATION

Sokolova E. (Yekaterinburg) Sources of knowledge of law in the information space of the history of political and legal doctrines

The article examines the issues of the source base of the history of political and legal doctrines as a fundamental legal science aimed at identifying the doctrinal basis of jurisprudence in historical retrospect. The author emphasizes the determining role of sources of knowledge of law in the formation of an interdisciplinary explanatory and interpretative model of cognition, which dominates the history of political and legal doctrines. The opinion is expressed about the possibility of supplementing the existing classification of information carriers in legal source studies with visual sources characterizing the features of the natural-geographical, architectural, intellectual and memorial landscape of the past. Thus, the socio-cultural background of the formation of personal characteristics, thinking style and everyday life that influenced the thinkers of the past is revealed, the cultural and historical specifics of the scientific community are determined and the level of demand for the creative heritage of certain scientists by their contemporaries is determined.

Key words: fundamental legal sciences, interdisciplinarity, cognitive history, sources of knowledge of law, visual media, historical narrative

MUSEUM OF SLI – USLA – USLU HISTORY

Zipunnikova N., Kalinina A. (Yekaterinburg) Jurisprudence during the Great Patriotic War: about science in extreme conditions (based on archival materials)

The article discusses the issues of restructuring the legal science during the Great Patriotic War. Documents from the archive were used. Attention is drawn to the development of jurisprudence in the Urals since the mid1930s, when the Siberian Institute of Soviet Law was transferred from Irkutsk to Sverdlovsk, renamed the Sverdlovsk Law Institute, and since 1936, the Sverdlovsk Law Institute. It is shown that the scientific direction of the University has become independent and planned. Thanks to the specialists evacuated from the leading centers of legal science, jurisprudence in the Urals received further impulses for development. The work of departments, student scientific circles, a forensic laboratory, a special lecture hall, and the formation of a civil scientific school are outlined. The article describes the training of graduate students, the practice of scientific certification, in particular, the dissertation cases of legal historians I. I. Kryltsov, G. F. Podozerskaya-Utkina. It is pointed out that the strengthening of patriotism, attention to the heroic past of the country and the people, which influenced the problems of scientific work and educational activities, formed appropriate value orientations. Fragments of office documentation illustrating the importance of scientific work at the university during the difficult war years are presented.

Key words: jurisprudence, the Great Patriotic War, Sverdlovsk Law Institute, departments, evacuation factor, scientific events, student scientific club, graduate students, thesis defence, document