Researched process of theoretical preparation and practical experience in developing the first Soviet criminal code. It reveals the special significance, legal accessibility and partial continuity of ...certain provisions and constructions of the RSFSR Criminal Code of 1922, whose centenary is being celebrated this year by the Russian historical-legal and criminological community. The authors emphasize the advantages of legal codification projects, scientific doctrine (legalistic and sociological schools) and post-Russian Revolution law-enforcement practice for consistent codification by means of elaboration and adoption of drafts under the scheme: Code of Statutes / Code - Guiding principles - Republican code - basic Union code. The article analyzes the key provisions of the General and Special parts of the Republican Penal Code of 1922. It notes their keen political focus, class character of the penal system and their descending ladder, elaboration of crime from formal to substantive, the concept of potential danger and the analogy of law, paradoxical humanization by consolidating the system of social protection and non-custodial measures, new excluding circumstances, and juvenile system of penalties for minors. The research employs the system-structural, comparative-historical and functional methods, as well as special methods of technical and legal analysis, dogmatic interpretation and description of legal events and processes in specific historical circumstances of Soviet Russia in 1920s.
The phenomenon of clan-regional rulemaking during the military-oligarchic regime in medieval Japan is studied for the first time. The purpose of the study was a comparative analysis of the texts of ...the largest princely codes of daimyo and military houses, as well as the norms of the Bushido code . The analysis was carried out on the basis of historical-genetic and synchronous-logical methods using Japanese primary sources with a survey translation, as well as scientific and abstract materials of Japanese, English and Russian medieval studies. Among the results achieved, a typology and hierarchy of sources of traditional law of the Shogun period are identified. The evolution of the system of law sources from the Kamakura shogunate to the Miromati dynasty is traced. One of the most striking monuments of Kamakur law is examined (the military-estate code Goseibai Sikimoku, 1232). Its sources, structure, technic mode and criminal provisions are studied. The analysis of the Bushido code showed that this quasi-legal regulator of the samurai behavior was an eclectic code of norms and rules for the bushi warriors with their ideals of loyalty and patriotism. The main transition to a new stage in the legal history of Japan after the Kammu сode, 1336 and during the period of Warring Provinces was established. It was distinguished by an increase in the number and significance of local law monuments - princely and clan codes, city statutes and charters of merchants' houses. From this list, the author singled out and compared in juridical techniques the ten large bunkokuho codes published by the largest princes- daimyo in order to systematize local laws and streamline the administrative-judicial system.
The further “digital” changes in the field of law, and the pandemic-induced transformation of legal practice and the profession of a technocratic lawyer are analyzed. The author forcasts appearance ...of the so-called virtual (digital) law as a new trend in jurisprudence. The problem of technical security and legality of the online court hearings is raised.
The article presents a description of the main theses of reports and presentations during the thematic meeting in the framework of an interdisciplinary group of scientific experts and students of law ...schools from Russia and Italy. The problems of the legalization of genetic research, the regulation of ethical, legal-social and international legal issues, as well as the problems of biomedical influence on the sphere of human rights are analyzed.
In the article we give a description of the main areas of work of the XX Congress of the International Academy of Comparative Law, which is the largest organization of the legal comparativistics in ...the world.
The theoretical influence of legal comparative scientists and the practical role of comparative legal studies of foreign law on the process of modernization of traditional Japanese law are determined ...in this article. The Japanese acceptance of the Western legal model, the reception of the Romano-Germanic doctrine, texts and ideology, learning from European jurists invited to the country and other factors led to the Westernization of management practice and legal regulation of life in Japan. Voluntary “legal acculturation” took place under the direct influence of comparative models of codification and reception of foreign law. The author conventionally identifies five stages of “legal westernization” of the Japanese system of law. At the first stage, French jurisprudence had the greatest dogmatic and partly practical impact on the Japanese, when the legal education of local officials in the Napoleonic spirit began, the first translations of French legal treatises took place, and Parisian lawyers prepared important codification projects. The Japanese then became fascinated with Anglo-American legal culture, driven by an influx of British lawyers who came to the islands to serve the local community of Her Majesty’s subjects, as well as the establishment of the first school of English law in the capital. At the third stage, as the reactionary-militarist policy developed, the emphasis shifted towards the German branch of the European family, and Japanese law was reoriented to the German bourgeois-landlord legislation and the pandect model of codification. At the fourth stage, there was an assimilation of American jurisprudence and US legal realism, and the mutual interest of overseas comparativists in Japanese legal studies increased. In the fifth stage, the comparative approach again became the foundations of a new wave of legal reforms in Japan. Japanese law moved slowly from the family of Confucian-Chinese and traditional Shinto law to the Germanic branch of the Roman law family and then turned into a “gray legal culture”, at the crossroads of Western and East Asian legal cultures.
The article presents the main trends in rule-making practice in the field of international law, which were summarized on the basis of expert reports and abstracts at the Conference of the European ...Society of International Law (ESIL) in autumn of 2021. The authors of the article are ESIL members and have previously made reports at its forums. In this review, they analyzed the materials of thematic seminars of “working groups”, “agoras” and “forums” of the Conference. The debates touched upon the impact of the digital revolution on the form and content of international lawmaking, discussed the influx of informal norms and standards in this area, maintaining the integrity of national systems and rationality of “soft law”, spread of the so-called “expert codifications”, ensuring the harmonization of domestic legality and lawmaking of non-state actors, taking into account corporate and civil-public interests in the law-making process, international negotiations and practice of states, demand for interdisciplinary paradigms, approaches and methods in situations of collisions of legal regimes and formation of “living law”. The authors of the review conclude that modern international law is under-going significant “digital recalibration” and is developing on the basis of new technologies from hyperformalism to hyperfactualism.
Legal regulation of gene editing procedure: USA and EU experience Trikoz, Elena N.; Mustafina-Bredikhina, Diana M.; Gulyaeva, Elena E.
Vestnik Rossiĭskogo universiteta druzhby narodov. Serii͡a︡ I͡U︡ridicheskie nauki,
12/2021, Letnik:
25, Številka:
1
Journal Article
Recenzirano
Odprti dostop
The problem of legal regulation of gene editing in recent years has obviously become global in nature due to the lack of unified systematic legislation in the world. The authors set a goal to study ...the main existing regulatory legal acts and determine whether there is currently an array of legislation that protects and at the same time establishes responsibility for the editors of the genome and persons who have given consent to it, before future generations, who will receive the edited gene, but who did not actually ask for it. The authors analyzed the most known general public cases related to patent disputes for the CRISPR-Cas9 genome editing technology and came to the conclusion that the strong desire to obtain the legal status of the author of the CRISPR/Cas9 genome modification technology is explained not by scientific ambitions but by commercial interest in a promising technology.
On March 29-30, 2019, the II International Scientific Conference “Law as a Phenomenon of Civilization and Culture” was held at the Law Institute of the Peoples' Friendship University of Russia ...(hereinafter - RUDN). More than 150 researchers from the Russian Federation and foreign countries took part in it. This scientific forum in accordance with the overall RUDN’s general strategy as an internationally oriented university is dedicated to Russian jurisprudence integration into the worldwide scientific area, establishing the methodology of fundamental legal research related to the civilizational and cultural foundations of law. This review reflects the general concept of the conference, directions of its work, the contents of the plenary meeting and work of sessions.
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