PAGES OF HISTORY
The phenomenon of Russskaya Pravda (Russian Justice) has been the subject of numerous studies. However, until now there has not been any exhaustively complete description of the judicial system of Ancient Russia due to scarcity of authentic sources.
An analysis of the provisions of the most well-known copies of Russkaya Pravda (Russian Justice) and available research have resulted in making a number of statements.
The system of justice in Ancient Russia was multisystematic in character and consisted of 4 relatively independent systems: communal, patrimonial, ecclesiastical and princely. The system under consideration had developed as a result of preservation of tribal elements and social stratification, active political genesis and Christianization. The organization of government, including the judicial system, was based on the principle of suzerainty-vassalage, i.e. the persons involved in the administration of justice were servants of the Prince who delegated judicial power to them. The competence of judicial officials was diversified according to the subject matter, territorial and personal criteria. In the system of powers of judicial officials, the powers to charge fees and fines and to impose penalties were the most important. Under Russkaya Pravda (Russian Justice) the system of judicial officials represents a kind of matrix underlying the subsequent institutionalization of judicial bodies.
The complex of powers of officials dealing with pre-trial preparation of cases and enforcement of judgments proves that, despite the unity of the procedure for resolving all types of “grievances,” the law-maker distinguished civil and criminal disputes.
The Russian Federation being currently a regional leader in strengthening Eurasian integration, it is necessary to remove contradictions concerning the interpretation of the history of Central Asia’s accedence 1 to the Russian Empire. Thus, it is indisputable that it was the Russian Empire that played a key role in the transition of the peoples of the Central Asian region, on the territory of which there were three major states — Bukhara Emirate, Kokand and Khiva Khanates, to a new level of civilizational, state and legal development.
The paper not only touches upon the reasons, nature of the accession of the Central Asian states to the Russian Empire, but it also carries out a comprehensive analysis of the internal- and foreign-policy situation during the historical period under consideration. The totality of the circumstances makes it possible to answer the following questions: whether the Russian Empire under those conditions had an alternative to armed intervention; whether that intervention was carried out in accordance with the national interests of the peoples of Russia and Central Asia; what changes in the form of governance took place in Central Asian States after they lost political independence.
STATE POWER AND LOCAL SELF-GOVERNMENT
PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS
FINANCIAL LAW
BANKING SYSTEM AND BANKING ACTIVITY
The paper is devoted to the analysis of the legal regulation of the institution of paying agents and banking paying agents in Russia, as well as to the assessment of their development prospects.
The first part of the article raises and investigates the issue of the reasons for the existence of different legal regulation of the activities of paying agents and banking paying agents in the Russian Federation. The paper compares general and distinctive features envisaged in the legislation and developed through judicial practice and determines controversial issues requiring solution through improvement of legal provisions in force. In the second part of the paper the author substantiates his view on the prospects of development of the institution of paying agents and banking paying agents, as well as on possible ways of improving the Russian legislation regulating their activities. To sum up, the author makes proposals for changing the existing mechanism of the legal regulation of paying agents and banking paying agents in the Russian Federation.
CIVIL AND FAMILY LAW
The article gives a brief analysis of the place of a cryptocurrency in the system of objects of civil law rights. According to the results of the study, the authors conclude that it is incorrect to equate legal regimes of the cryptocurrency with the legal regime of virtual objects. The authors consider it promising to regulate legal features of the distributed ledger and register objects of civil law rights in the distributed ledger. A cryptocurrency is a means of payment that has no independent value. Thus, the mechanism of performance of obligations needs special elaboration.
It is also noted that in the legal regulation of any social relations an essential role is assigned to the mechanisms and guarantees of restoration of violated rights and legitimate interests. To this end, the cryptocurrency regulation is inextricably linked with the institution of civil liability. The cryptocurrency combines the features of many civil law rights, but does not fully correspond to any of them. The assignment of the cryptocurrency to other property is possible within the framework of the current legislation without creating new objects of civil law rights, which can lead to conflicts and disputes concerning their legal regime.
CIVIL AND ADMINISTRATIVE COURT PROCEEDINGS
Based on a comparative analysis of the norms of the procedural legislation of the Russian Federation, the paper discusses certain problems and prospects of legal regulation of the status of persons contributing to the administration of justice: expert, specialist, witness, interpreter, assistant judge, court clerk, as applied to civil proceedings.
The authors analyze modern approaches to the persons contributing to the administration of justice, considering, along with traditional subjects, such a procedural figure as judicial representative in a civil procedure, taking into account the latest changes and additions to the Civil Procedure Code of the Russian Federation, entering into force on September 1, 2019.
Based on a comparative analysis of the provisions of the arbitration and civil procedural laws, the authors of the paper point that the Civil Procedural Code of the Russian Federation lacks a separate chapter on legal regulation of the status of participants in civil proceedings, including those assisting in the administration of justice. This makes it difficult to establish the circle of such entities in practice. In this regard, they propose, by analogy with the Arbitration Procedure Code of the Russian Federation, to fix the circle of participants in the civil procedure in a separate chapter, revealing in detail and specifying the legal status in other articles of the Civil Procedural Code of the Russian Federation of other participants in the civil proceedings.
In the paper, the authors conclude that the judicial representative must be considered as an independent subject of the civil proceedings. Finally, this problematic issue can only be resolved by making appropriate changes and additions to the Civil Procedural Code of the Russian Federation.
It is noted that, despite the absence of special instructions in the Civil Procedural Code of the Russian Federation to other participants in the process, their list is not exhaustive and in fact, the circle of persons involved in the case is much wider. Such persons include court bailiffs and witnesses, whose legal status is currently debatable.
LABOR RELATIONS AND SOCIAL SECURITY
BUSINESS AND CORPORATE LAW
CRIMINAL PROCEDURE
INTERNATIONAL LAW
The state of international security in the modern world directly depends on the security of cyberspace. The authors of the paper explore cybersecurity initiatives, considering their most significant legal and political aspects. The paper contains a scientific and expert assessment of the document adopted on November 12, 2018 the Paris Call for Trust and Security in Cyberspace. Given that Russia leads in initiatives in international formats for discussing cybersecurity issues, the authors of the paper turn to the Russian position on a number of key issues within this framework, indicating that the proposals of the Russian side are ahead of many other international initiatives, in particular in terms of their regulatory potential.
The authors conclude that confidence-building measures between states in the absence of binding international legal norms are deprived of an instrumental role in resolving many security problems in rapidly changing cyberspace. A prerequisite for effective international law-making in the field of information security is a dialogue between lawyers, politicians and technical experts.
INTEGRATION LAW
Political relations between Russia and the European Union have changed significantly since 2014. On the one hand, the new political realities are making the current situation in relations, even legally, not as cloudless and full of hope as it was 25 years ago when the Partnership and Cooperation Agreement between Russia and the EU was signed. On the other hand, bilateral agreements between Russia and the EU continue to operate and be applied by the parties in the new conditions of selective interaction between Russia and the EU.
The paper is devoted to the transformation of the fundamentals of legal regulation of relations between Russia and the EU in the context of new political relations, characterized by the formula of "selective interaction" as well as the ongoing Europeanization of Russian judicial practice. The paper discusses the existing bilateral agreements between Russia and the EU, analyzes Russian jurisprudence related to the application of EU law and the use of the precedents of the EU Court. The article also focuses on the Europeanization of the practice of the EAEU Court.
FOREIGN EXPERIENCE
The paper is devoted to the comparative legal analysis of the group commission of a crime under Anglo-Saxon criminal law. The commission of a crime in conspiracy has an increased public danger and poses a serious threat to each state and society as a whole. Foreign lawmakers take different approaches to the definition of organized crime, taking into account its heterogeneous nature. The author studies the specificity of the legislative regulation of variations in criminal groupings in common law countries. A comparative analysis of the legislative regulation of organized crime allows us to note the positive experience that can be used to improve domestic criminal law governing forms of conspiracy and law enforcement.
The study notes that the criminal law of the Anglo-Saxon legal family is characterized by a low level of systematization of legislation and increased attention to the norms (decisions) expressed in the judicial precedent. At the same time, the existing criminal law standards governing the institution of conspiracy comply with international law. Some common law countries recognize a conspiracy between two or more persons for committing a crime as an organized crime group. It is important to note that this feature is also a characteristic of domestic criminal law. In accordance with Art. 32 of the Criminal Code of the Russian Federation, a conspiracy is the intentional joint participation of two or more persons in the commission of an intentional crime. At the same time, a significant difference between the criminal law of the Anglo-Saxon legal family is the legislative consolidation of the qualitative and quantitative criteria of group formations (criminal association, organized criminal group, gang) depending on the degree of public danger of their crimes.
LAW ENFORCEMENT
LEGAL EDUCATION AND SCIENCE
ISSN 2782-1862 (Online)