THEORETICAL AND HISTORICAL LEGAL SCIENCES
Introduction. Etatism as a principle of agrarian legislation had been establishing in Russia throughout the Soviet period, and its leading trends had been formed under the influence of total collectivization of agriculture that took place in the 1930s. Eventually, in the frame of collectivization, collective farm law was formed into a separate branch of Soviet legislation and was attributed with a quite interesting collision: the norms declaring the cooperative status of collective farms, as the farms created with the peasants’ own funds and based on the public ownership of the means of production and self-government, served an ideological facade. Whereas in reality, the primary concern of the legislators was adhering to provisions of etatism, which enshrined the supremacy of the state interests over the social ones. This approach had led to the loss of economic initiative by the farmers and, eventually, to the decay of the Soviet village. In the up-to-date literature this particular aspect of the collective farm law has hardly been studied, whereas the reflective understanding of historical experience is essential for the efficient regulation of agricultural production in the Russian Federation. The aim of this study is to analyse etatism as a principle of Soviet agrarian legislation, its manifestation in the fundamental regulatory documents of the 1930s and its impact on the collective farm system of the USSR.
Materials and Methods. The source material for this study consisted of various regulatory legal acts adopted in the USSR in the 1930s, as well as historical materials, including the archival documents from the Russian State Archive of Social and Political History (РГАСПИ/RGASPI), the Center for Documentation of Contemporary History of the Rostov Region (ЦДНИРО/TsDNIRO), and the State Archives of the Rostov Region (ГАРО/GARO). The research methodology implied using the general scientific and specific juridical methods, including the comparative historical, historical-legal, dogmaticlegal (legalistic), and content analysis methods.
Results. It has been proved that initially in the Soviet Union the favorable conditions for strengthening etatism were created, which formed the basis for the collective farm legislation. Collective farms created in the frame of total collectivization were formally considered by the party and state leadership as cooperative farms, whereas in reality, they were completely controlled by the state and deprived of autonomy. The objective set forth the Soviet legal system was to enshrine this status of collective farms in the law. During 1930s, a wide range of normative legal acts regulating the structure and functioning of the collective farms were developed in the USSR. In addition to the fundamental documents (such as the Model Charters of Agricultural Cooperatives of 1930 and 1935), this range included numerous other legal acts adopted by the government bodies at various times and for various reasons. All of them aimed to subordinate the collective farms to the state and prioritize state interests. Moreover, over time, the desire of the state to consolidate its control did not weaken, but intensified. As a result of this policy, the collective farms had practically no cooperative independence, and turned into the state-owned agricultural enterprises.
Discussion and Conclusion. In the 1930s, the juristic theory and legislative practices in the USSR were based on the principles of etatism. However, the legislators had to respect the ideological postulates of collectivization in building socialism in the vilage, therefore the declaratory provisions about collective farm democracy were foregrounded. Such declarations served a kind of legal facade, intended to confirm the existence of socialist relationships in Soviet Russia. However, essentially the regime of state capitalism dominated in the country, because the leading legislative trends were legitimization of government intervention in the activities of collective farms and total subordination of the collective farm system to the state.
Introduction. In the context of global crises, entrepreneurial universities play a vital role in supporting national and regional economies and solving socially important problems. However, despite significant scientific interest in promoting entrepreneurial universities, today the correlation of this concept with the system of legal values, i.e. formation of citizenship, implementation of the principle of equality, regulation of behavioral paradigm, etc. is insufficiently studied. Therefore, the aim of the work is to study the evolving capacities of an entrepreneurial university, which contribute to strengthening the national legal values, as well as to determine the strategic mechanisms for promoting this concept in Russia
Materials and Methods. The systemic approach to studying the organisational and functional principles of the activities of an entrepreneurial university as an integral structure that forms its own ecosystem was a core method within the research methodology structure. Auxiliary research methods (analysis of relevant sources and their structuring; comparison of foreign practices and national approaches; assessment of strategic mechanisms and their and modeling) made it possible to identify the underdeveloped aspects in the implementation of this concept and, as a result, to define the opportunities for overcoming thereof.
Results. Links between the methods of forming the legal values of society and entrepreneurial university functioning have been revealed. Significant legal potential of such organizations is expressed through maintaining social stability, civic consciousness and initiative, strengthening the principle of inalienability of human rights and freedoms, as well as formation of equality in education and entrepreneurship has been ascertained. The analysis of practical cases of implementing the entrepreneurial university concept showed the shortcomings of this system in Russia (low quantity and quality of start-ups, problems with financing, scientific and entrepreneurial activity concentration in large cities, absence of interest in the regions, etc.). All the above enabled the authors to propose a number of strategic recommendations aimed at updating the studied concept on the territory of the Russian Federation.
Discussion and Conclusion. The conducted research is significant for the Russian juridical science, as it provides a new understanding of the role of entrepreneurial universities in the frame of the legal and social development of society, as well as offers universities and entrepreneurs exact solutions to overcome the socio-economic barriers.
Introduction. The legislation on the use and protection of fauna is an integral part of the environmental policy of any state, since it provides a legal framework for preservation of biodiversity, sustainable use of natural resources and environmental protection. The aim of the study is to analyse the historical stages in the formation and evolution of the faunaregulating legislation in Russia, its state-of-the-art, and to identify the leading trends and directions for enhancement of legal regulation in this field.
Materials and Methods. The research materials consisted of the scientific and historical sources on the formation of the fauna-regulating laws in Russia, as well as the acting national regulatory framework. The research methods included: historical and legal analysis, comparative legal method, interpretive approach aimed at identifying trends in the development of legislation, problem-chronological approach to systematisation of information.
Results. A comprehensive study of the approaches to regulation of fauna protection and use existing in Russia in different historical periods made it possible to trace the way the attitude of society towards this issue changed, the kind of legal mechanisms were used to protect fauna, and the way these mechanisms adapted to the changing conditions. Thus, in the pre-revolutionary period, fauna-regulating legislation was based on the local norms and traditions, there were no systemic legal acts, and nature preservation was often limited to protection of the hunting grounds of nobles, regulation of hunting and support of the local ecosystems without taking into account global environmental consequences. During the Soviet period, a system of legal acts aimed at protecting the environment, regulating hunting, fishery and game reserves’ activity was created in the country. That made it possible to achieve a certain balance between the development of economy and preservation of biodiversity, which, indeed, had greatly affected the formation of modern Russian legislation on the use and protection of fauna. The proposals and recommendations formulated by the authors refer to further improvement of the legal relationships in the field of environmental protection.
Discussion and Conclusion. The evolution of fauna-regulating legislation reflects across-the-centuries transformation of the state policy, scientific approaches and attitude of society to the nature. During further optimisation of the national legal framework on environmental protection, it is vital to take into account the positive examples from the past, and adapt them to the modern environmental protection needs and conditions.
PUBLIC LAW (STATE LEGAL) SCIENCES
Introduction. Advanced biotechnologies for creating genetically modified organisms (GMOs) are actively used in global agriculture, because genetically modified plants and animals have increased productivity and resistance to pathogens, insect pests and pesticides compared to the natural organisms. Due to these properties of GMOs, the prime cost of agricultural production is reduced, the need for fertilizers and other chemicals in agriculture is diminished, food security is ensured, etc. That is why one of the priorities of the state policy of the Russian Federation is regulation of the GMOcontaining product turnover and protection of the procedure established for this activity from possible violations. Unfortunately, up till now, no efficient system for counteracting the illegitimate turnover of genetically modified products, which would include both administrative and criminal law measures, has been developed. The aim of the present research is to identify the difficulties arising in the frame of counteracting the violations of the Russian Federation legislation in the field of genetic engineering, and to develop proposals to resolve these problems.
Materials and Methods. The research was conducted using the general and specific scientific methods: analysis and synthesis; induction and deduction; Aristotelian method; systemic, comparative-legal, statistical methods; as well as methods of material content analysis, sociological survey, expert assessment.
Results. The main trends in the current state policy of the Russian Federation on regulation of the procedure of creation, acquisition, sale, use of genetically modified and genetically engineered products (organisms) have been identified. The state-of-the-art of law enforcement practices in the field of combating the illegitimate turnover of transgenic organisms has been analysed. Recommendations on improving the administrative and legal respond to offenses have been formulated, and proposals on filling in the gaps in the criminal law with regard to counteracting illegitimate turnover of GMOs have been outlined.
Discussion and Conclusion. The pivotal findings of the research refer to the need to establish the forensic significance of breaching the recognized procedure of creation and turnover of genetically modified and genetically engineered products (organisms). To ensure safe turnover of these products in a more efficient way, it is proposed to supplement the Criminal Code of the Russian Federation with the provision stipulating liability for the repeated violation of the legislation in the field of genetic engineering or for the violation resulted in the harm to human health, mass death of animals, or other serious consequences. Proposals and recommendations are aimed at comprehensive protection of the legitimate turnover of GMOs by measures stipulated in the administrative and criminal law.
Introduction. Amendments to the Tax Code of the Russian Federation on the implementation of the tourist tax enacted in 2025 made it relevant to find a balance between the interests of municipalities to replenish the budgets and maintain the volume of tourist flows in the context of tax burden increase on the tourism business. Scientists have studied the foreign practices of tourist tax implementation and its positive impact on the development of inbound tourism has been proved, however, no comprehensive research has been carried out on the efficiency of taxation mechanism with regard to the studied field. The aim of the present study is to analyse the acting tax legislation of the Russian Federation, as well as some municipal practices and identify the ways to improve the tourist tax implementation mechanism for maintaining the volume of tourist flows in the new conditions.
Materials and Methods. The research was based on the following materials: the acting legislation of the Russian Federation, scientific studies, municipal legal acts of Ekaterinburg, and publications in the media. To determine the features of tax legislation implementation in the context of maintaining the tourist flows, the authors used the methods of teleological interpretation, modeling, structural-functional and systemic analysis.
Results. It has been ascertained that for the development of the inbound tourism, the tourist tax implementation mechanism should be flexible, i.e. take into account the features of the tourist routes existing in the whole region and in the individual municipalities, as well as consider the seasonal changes. Such a comprehensive approach will require close public-private partnership aimed at implementing this tax. However, as follows from Ekaterinburg experience, cooperation between these structures is not always maintained at the proper level. It has been found that maintaining the volume of tourist flows in the context of rising costs of accommodation facilities, requires the development of the tourism infrastructure. A decrease in the volume of tourist flows due to collection of the tourist tax indicates insufficient development of the taxation mechanism in a particular region. Annual discussions of the practices used in the municipalities and regions on this matter will improve the taxation mechanism.
Discussion and Conclusion. Improvement of the tourist tax implementation mechanism will prevent the tourist flow decrease, thus, help to avoid a blow to the inbound tourism. According to the authors, to achieve this goal, it’s necessary first of all to revise a list of tax concessions based on the popularity of the tourist routes and seasonal load, as well as improve the public-private partnership.
PRIVATE LAW (CIVIL LAW) SCIENCES
Introduction. In recent years, Russia and other countries have enacted a number of new legal norms aimed at adapting civil law institutions to the digital era. Successful adaptation will require: the analysis of the main achievements in the field of digitalization of the Civil Law, recognition of digital technologies in the legislation, review of acting norms and their implementation in the key areas (electronic transactions, blockchain technologies), providing recommendations for further improvement of the Civil Law taking into account digital tool operations. The article aims to investigate the existing legal regulation of the Civil Law digitalization processes in Russia and in the countries of the European Union, to justify possibility of using the certain successful legal constructs from the foreign practices for development of the civil legislation in Russia.
Materials and Methods. The study was conducted using the dialectical and systemic methods, the methods of comparative analysis, normative and legal analysis, and the logical method.
Results. It has been ascertained that the dynamics of the Civil Law digitalization processes in Russia and the EU is quite comparable: there go gradual regulation of using blockchain technologies, smart contracts, digital signatures, cryptocurrencies, online platforms for registration of rights, as well as stipulation of digital rights in the civil legislation and integration of digital technologies into the corporate management. It has been emphasized that digitalization of inheritance relationships and work of notaries can be distinguished into a separate direction.
Discussion and Conclusion. Digitalization of the Civil Law is quite a dynamic process that requires finding a balance between the innovations and protection of the rights of the subjects. Over the past decade in Russia and in the EU, the legislative foundations for electronic document management were built, a number of digital constructs were recognized, and adaptation of the traditional institutions (inheritance, corporate governance) to new reality was started. Although the EU does not have a single Civil Code, the regulatory legal acts harmonizing the certain aspects of digitalization and law have already been adopted at the supranational level, and serve the basis for the member states to issue supplements to their national codes. Similar law reforming processes are underway in Russia. The ability of the Civil Law to efficiently regulate the developing digital economy depends on the timeliness and thorough elaboration of these reforms.
Introduction. Studying civil liability for violation of the land auction procedure is relevant due to the increasing importance of land auctions in the distribution of state and municipal property in Russia, and due to the numerous violations in conducting thereof resulting in the infringement of the rights of bona fide participants and destabilization of land legal relations. The existing gaps in the legal regulation of the auction procedure, the ambiguity of judicial practices and the difficulty of proving the violations create the preconditions for malpractices and corruption, which tend to lead to an increase in the number of legal disputes on claiming the validity of the auctions, compensation for losses to the participants and protection of their legitimate interests. The present article aims at conducting a comprehensive study of the Russian institution of civil liability for violation of the land auction procedure, identifying the existing problems in this field and developing proposals to improve the mechanisms protecting the rights of auction participants.
Materials and Methods. The materials for the study were the regulatory legal acts of the Russian Federation, judicial practice materials, statistical data on conducting the land auctions. The study was conducted using the dogmatic-legal, comparative-legal methods, content analysis of the scientific publications and judicial practices, etc.
Results. The efficiency of the land auction mechanism for distributing land resources has been established, however, monitoring and violation preventing procedures need to be improved. The main types of land auction violations and consequences they have for the participants of legal relationships have been systematized; existing mechanisms of protection of the rights of auction participants have been analysed. A review of judicial practices has revealed the most common dispute categories and ways to resolve them, which made it possible to determine key challenging aspects in land auction regulation. Based on the data obtained, definite recommendations to improve the mechanisms preventing the violations and protecting the rights of land auction participants in the Russian Federation have been formulated.
Discussion and Conclusion. To improve the land auction system in Russia, it is necessary to ensure uniformity of law enforcement practices, increase the level of legal literacy of the participants and continue development of the electronic formats of the auctions. Implementation of digital technologies and strengthening civil liability mechanisms of the auction participants are particularly important, as they contribute to increased transparency and competitiveness of the procedure. The results of the study can be used for further improvement of the Russian Federation land relations regulating laws and for increasing the efficiency of protection of the auction participants’ rights.