Lex Russica 

About: Lex Russica is an academic journal published by Kutafin Moscow State Law University. The journal publishes majorly in the area(s): Computer science & Legislation. It has an ISSN identifier of 1729-5920. Over the lifetime, 194 publications have been published receiving 45 citations. The journal is also known as: Russian law & Naučnye trudy MGÛA.

Systemic Unity of State Control (Supervision) and Public Control as a Сonstitutional Law Principle

Abstract: The paper examines the principle of systemic unity of state control (supervision) and public control in the context of constitutional law science that, according to the author, is conditioned by the logic of the development of Russian legislation concerning control and supervisory activities and provides the necessary constitutional and theoretical support point for further increasing of cohesion between the state and civil society. Based on a systematic analysis of the basic provisions of legislative acts concerning types of control, the paper shows that this constitutional law principle manifests itself in the following aspects: as a uniform conceptual approach of the law-maker to aim all types of control to achieve constitutionally significant goals and protect constitutionally significant values; orientation of all types of control to comprehensively ensure the rule of law in the areas of controlled public relations; the correlation of the content of the types of control in terms of a combination of both verification measures (or supervision) and analytical and prognostic components aimed at countering the formation of conditions conducive to violations; the correlation of the expected results of control activities within all types of control, namely, the elimination of violations and restoration of the state of protection of the rights and freedoms of individuals and legal entities and public interests; unity of the constructive nature of control activities. The practical introduction into the doctrine and law-making of the proposed constitutional law principle of the systemic unity of state control (supervision) and public control will make it possible to ensure to a greater extent that all control and supervisory activities are aimed at achieving a state of protection of constitutionally significant values, including full compliance with safeguards of human and civil rights and freedoms, strengthening the rule of law, and improving the efficiency of the state and municipal administration.

Gender in Law and Family Values: In Search of a Balance

Abstract: The paper examines the current gender aspects of legislation regulating relations with the family element (mainly from the family legal space), the practice of its application by the courts. The provisions of the legal doctrine, primarily civil and civil procedure, on this issue are summarized and analyzed. Meanwhile, the author intentionally leaves civil law out of the field of research, since civil law norms are specified by family and administrative legislation and are gender neutral. The gender contexts of the institution of marriage (its heterosexual legal attitudes, the legal consequences of sex change in marriage, the problem of same-sex marriage, de facto marriage, gender prohibitions in the divorce procedure), the institute of parenthood (presumption of paternity, the influence of gender stereotypes on the legislation on the establishment of extramarital paternity, the law enforcement presumption of the mother’s preferential right to leave her young child, the rights of fathers, same-sex parenthood and its consequences), the institute of surrogacy (gender differentiation the subject composition of the program participants, controversial administrative and judicial practice in cases of the legal consequences of the use of assisted reproductive technologies). Other gender aspects of Russian family legislation are analyzed (for example, gender neutralization of norms on alimony obligations). In the argumentation of his position on these issues, the author not only relies on the analysis of legal norms, court decisions and provisions of legal doctrine, but also refers to the sociological meanings of gender practices. The author notes that the proposed approaches to the classical and modern gender contexts of family and related legislation indicate the actualization of both the problem as a whole and the need to answer questions on its individual components.

Law of Sustainable Development: A Concept and Methodology. Transformation of the ESG Agenda in the Context of Sanction Restrictions

Abstract: The author deduces, defines and examines the concept of sustainable development law. The paper highlights the formation of the law of sustainable development as a system of norms regulating complex social relations arising in the context of sustainable development (sustainable development relations). The law of sustainable development is already taking shape. It regulates social relations of sustainable development that include environmental, social and corporate relations that mediate social development, ensure satisfaction of the needs of the current generation and do not undermine the ability to meet the needs of future generations. These relations are also regulated by an array of norms of non-state mediating the so-called ESG standards. The author examines a special methodology and specific ways legal impact on regulated social relations characteristic of the law of sustainable development: standardization and conformity determination (comparative methodology). Special attention is paid to the transformation of the law of sustainable development and the ESG agenda in the context of sanctions restrictions. The author concludes that it is advisable to consider the issues of sustainable development and legal regulation of sustainable development relations in modern conditions in the context of differentiated approaches to assessing and promoting sustainability in various areas of public relations. Regulation of public relations in the context of sanctions restrictions should be built with maximum consideration of the instruments of sustainable economic development (assessment of compliance with ESG standards, disclosure of financial and non-financial information, introduction of anti-crisis practices of corporate social responsibility, ensuring a balance of rights and freedoms of citizens in the adoption and implementation of sanctions restrictions, etc.).

Transformation of the Theory of Systematization of Legislation in the Era of Digitalization of Law

Abstract: Provisions on the systematization of legislation, primarily on incorporation and codification, have been actively developed by European and domestic legal science for about two centuries (the 19th century is often characterized by lawyers as the century of codifications). The foundations of the domestic theory of systematization of legislation were laid by the Russian pre-revolutionary jurisprudence. Many provisions, the content of which was clarified in the 60-80s of the 20th century, are in use almost in the same form now. Modern theoretical and branch legal science, legislation (laws on normative legal acts in force in the post-Soviet space, their projects) proceed from the importance of legal systematizing activity, its individual varieties (incorporation, codification, consolidation). Meanwhile, the development of legal systematizing practice and legal science, including in modern conditions of digitalization of public relations, significantly transforms the traditional content of the theory of systematization of legislation. Codification, with good reason, is increasingly being considered as a kind of law-making, rather than law-systematizing activity. The value of incorporated collections is falling; their functions are taken over by legal reference systems (both official and unofficial). Computer based reference systems have become the main form of both systematization and incorporation of legislation. The characteristics of consolidation that distinguish it from codification and law making are not sufficiently clear. The general concept of «systematization of legislation» may well be limited only to the external processing of normative material. Everything connected with the so-called internal systematization (codification and aspects of law-making in the consolidation of legislation, compilation of a single normative legal act as a result of systematization, cancellation of previously valid acts) can be transferred to the theory of law-making and considered within its framework. The subject field of the theory of systematization of legislation is being modified, this entails changes in the content of the basic terminology used both in science and in legislation.