The substantive aspects of modern post-Soviet statehood are analyzed on the basis of the traditional methodological guideline, called the elemental approach (Aristotle, Jellinek), which presupposes the allocation of key state-forming features. The Aristotle concept of rejected state is actively applied. For the purpose of a deeper illustration of the so-called deviating moments in the post-Soviet states, metaphorical comparisons are used, such as imitation state, alienated state, selective state and others. Deviating patterns are described through weak systemic strategic planning and the lack of relevant scientific concepts, including in emergency situations, as well as insufficient supremacy of judiciary, plevalence of unitaty tendencies and others. The author's argumentation is supported by data published in various official sources (statistics, results of special sociological studies, current Russian legislation, reports, expert opinions, etc.). The article is intended for specialists in the field of the theory of state and law, political science, sociology, etc. It will be of interest to postgraduate students, state and municipal employees.
The RUDN Law Institute research team headed by the Doctor of Sciences, professor of the Department of Theory of Law and State Nikolay Vlasenko performed an expert and analytical work for the formation of a package of proposals on measures and law-making initiatives in order to implement the amendments to the Constitution of the Russian Federation adopted in 2020. The aim was to assess the need to determine the additional source of income of a constituent of the Russian Federation for state support for the development programs of higher educational organizations by changing the system of distribution of tax revenues between federal and regional levels of the budget. The research team included Sergei Zinkovskiy, Ph.D., associate professor of the Department of Theory of Law and State, Mikhail Katsarsky, Ph.D., associate professor of the Department of Theory of Law and State, Irina Gronik, Ph.D., assistant professor of the Department of Civil Law and Civil Procedure Law and Private International Law, Denis Dobryakov, Irina Chernykh and other specialists of RUDN Law Institute. The results of the research can be used by the Government of the Russian Federation, the Ministry of Higher Education and Science of the Russian Federation to form theoretically based proposals related to the dynamics of financial and legal support for state efforts for programs of higher education organizations development in Russia on the territories of subjects of the Russian Federation in connection with the implementation of the amendments to the Constitution of the Russian Federation.
Dedicated to the 80th anniversary of the famous legal scholar Vladimir Mikhailovich Syrykh, the author of over 40 monographs, textbooks, teaching aids, many hundreds of scientific articles and other materials. The scientists contribution to legal science is analyzed. We focus on the methodology of the theory of law, method structure, content of the materialist theory of law, etc. The exceptional contribution of the scientist to preparation and publication of the Encyclopedic Dictionary Legal Science and Legal Ideology of Russia is distinguished. The ideas and assessments of the author's recent historical and legal monographs on the Soviet regime, the Red Terror, and Stalinist repressions are illustrated.
A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.
The article is dedicated to the memory of Professor A.F. Cherdantsev, a well-known Russian legal theorist. In the focus are creative periods of the scientist's life. Particular attention is paid to his contribution to the development of legal science with the emphasis on law interpretation, scientists achievements in the field of investigating epistemological nature, values (principles) of interpretation of legal norms, formulation of linguistic, systemic and other rules. The author's contribution to the development of methodology of law and his criticism of the integrative approach in jurisprudence have also been illustrated. The article analyzes the scholars development of the legal norm doctrine, its structure, technical and legal regulations, etc. His contribution to the development of educational literature is separately considered and highly appreciated. The tribute is also given to his individual scientific papers. It is proposed to systematize and republish Professor Cherdantsevs works.
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