The article examines the Russian Philosophy of Law, reveals its theoretical and value potential to be the basis of the modern national legal ideology of Russia. The views of K.S.ºAksakov, N. Ya. Danilevsky, N.A. Berdyaev, I.A. Ilyin are analyzed, who, according to the author, managed to show the essence of the Russian national character and Russian statehood in their works. It is argued that the Russian Philosophy of Law, which reached its apogee in the XIX – first third of the XX century, is not only not outdated at the present time, but should become the basis of modern theoretical research in the field of national state-building, the formation of domestic and foreign policy of the Russian state. The system-forming nature of the Philosophy of Law for fundamental legal sciences is revealed.
Documents and materials related to the adoption of the Universal Declaration of Human Rights and related international documents 75 years ago show the close relationship between the processes taking place in the world and the state of human rights. Over the past decades, human rights have remained among the most acute problems of law and politics, and not only theoretical discussions were conducted around them, but a real ideological struggle unfolded. Disputes and contradictory assessments of the significance of the Universal Declaration and its impact on the further development of legal systems continue to this day. Tools and solutions that allow taking into account national interests while observing International human rights standards are being actively discussed. For example, with the help of a civilizational approach, an attempt is being made to solve the problem of fulfilling International human rights obligations while preserving the fundamental cultural, historical and religious differences of individual civilizations and regions. At the Institute of State and Law of the Russian Academy of Sciences, this approach was developed by a Corresponding Member of the RAS E.A. Lukasheva.
The article is dedicated to the life, work and scientific heritage of the outstanding Soviet scien-tist-proceduralist, Corresponding Member of the USSR Academy of Sciences, Doctor of Law, Professor Mikhail S. Strogovich (1894–1984). The main stages of the scientist's professional path are considered: from studying at a gymna-sium and institute to well-deserved recognition as the leader of Soviet criminal procedure sci-ence. The author's most significant publications are analyzed, which are devoted to the nature of the criminal process, adversarialism, the presumption of innocence, ensuring individual rights and other important issues that arise in connection with the preliminary investigation and trial of criminal cases. Expressed by M.S. Strogovich evaluates the positions from the point of view of their relevance for the development of modern criminal procedure doctrine, modern legislation and law enforcement practice. When preparing the article, materials from personal file were used M.S. Strogovich and other documents from the archives of the Institute of State and Law of the Russian Academy of Sci-ences.
The article analyzes the philosophical and legal ideas and ideas of the famous scientist, thinker, jurist of the last quarter of the XX - beginning of the XXI century, Academician of the Russian Academy of Sciences V.S. Nersesyants. The ideas of ancient philosophers and representatives of the German transcendental-idealistic philosophy had a great influence on the formation and evolution of his legal views, the concept of jurisprudence formulated by him. In this regard, the comparison of his legal views with the ideas of Hegel's Philosophy of Law, taking into account both dissertations of V.S. Nersesyants, is quite traditional for connoisseurs of the concept of jurisprudence of our contemporary. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his legal ideas and the nature of their justification are also connected with other representatives of the German intellectual and philosophical culture of discussing the main problems of law and jurisprudence. Understanding the nature of successive and new aspects in the system of legal views of V.S. Nersesyants can serve as a basis for the development of his legal views in modern topical and prospective studies. The article offers some significant clarifications of the content and nature of the philosophical and legal heritage of V.S. Nersesyants, traces the connections of his concept of jurisprudence with the ideas of not only Hegelian philosophy, but also the teachings of other legal philosophers, as well as the later ideas of the neo-Kantian lawyer R. Stammler, the interpretation of law in the "Pure Doctrine of Law" of the Kantian G. Memel, and not only G. Kelsen, which allows us to present the theory of law of V.S. Nersesyants as an original version of this doctrine. The study also demonstrates that the concept of justice in the Philosophy of Law of V.S. Nersesyants has remained one of the unexplained, and promising studies of the foundations of social theory in the doctrine of civilization are also indicated.
The article deals with the problems of innovative development of forensic science in the context of global digitalization. The unity of criminology as a science with its own subject, system, tasks, objects is emphasized, it is noted that the integration of IT technologies into criminology is not through the creation of a new science, but through a new private criminalistic theory of information and computer support for criminalistic activities and its constituent private criminalistic teachings related to the methods of computer crimes; digital traces and their place in forensic investigation. A new section of forensic technology is substantiated – the forensic study of computer tools and systems.
The article analyzes the philosophical and historical ideas of N. Ya. Danilevsky and their significance for the development of cognitive capabilities of the Philosophy of Law. The leitmotif of the research is the idea that the theory of cultural and historical types developed by N. Ya. Danilevsky remains the property of only philosophers and historians, but is undeservedly overlooked by lawyers. The main reason for this situation is the complexity of the historical and philosophical reconstruction of his theory of cultural and historical types in the context of the analysis of the state and law. In addition, the article draws attention to the role of a one-sided Eurocentric understanding of the philosophy of the history of political and legal thought and the history of state and law. The ideas of N. Ya. Danilevsky are accompanied by significant distortions and falsifications in Western literature, primarily American and German. The methodology of the research is based on the use of traditional methods of analyzing political and legal doctrines, first of all their structural division, accompanied by a conditional separation of the logical and conceptual (theoretical) part and the concrete historical part.
The Russian idea concept is revealed in the article, its manifestation in the Russian Philosophy of Law is shown. It is noted that the concept of the Russian idea was in the center of attention of many figures of Russian culture, who tried to comprehend the essence of Russian history, culture and statehood. The concept of the Russian idea included at least three components: the Philosophy of History, the Philosophy of Culture and the Philosophy of Law. The Russian Phi-losophy of Law has become the logical conclusion of reflections on the history of the Russian people, its national identity and statehood. The Russian Philosophy of Law, its indissoluble connection with the national worldview and Russian statehood are shown in the article. The conclusion is formulated that the Russian Philosophy of Law is a great value, making a signifi-cant contribution to national and world culture.
The essay presents the main stages of the life of an outstanding lawyer – Academician, Vice-President of the Russian Academy of Sciences Vladimir Nikolaevich Kudryavtsev, whose 100th birthday is cel-ebrated by the legal community of Russia in April this year; a general description of one of the funda-mental research of the scientist "Strategies for combating crime" (2003) is given, the influence of V.N. Kudryavtsev's ideas on the further development of Criminal Law and criminology is shown.
Russian legal science is represented by outstanding jurists, each of whom has contributed to its formation and development. The significance of the proposed scientific concepts and works is often recognized only after some time, when the scientist receives recognition from the scientific community and practitioners. In this article we will talk about Academician Vladimir V. Laptev, thanks to whom a new fundamental branch of law for domestic jurisprudence and economics was formed – the branch of Soviet Economic Law, now called Russian Entrepreneurial Law.
The article is about Jangir Abbasovich Kerimov. An attempt is being made to reveal the defining features of his personality, to tell about him as a true patriot of his Homeland and an outstanding legal scholar. The main stages of his life path are traced; significant historical events that had a significant impact on him are described; meetings and relationships with famous people who inspired him, primarily the largest scientists of the XX – early XXI century, are described; his reflections on the fate of Russia and, of course, the fundamental postulates of the scientific and theoretical concepts proposed by him are analyzed. The article considers D.A. Kerimov's significant contribution to the development of the subject, structure, functions, categorical apparatus of the General theory of law and the state, which is an organic totality of three interrelated and continuously interacting parts: Sociology of Law, Philosophy of Law and the doctrine of the state.
The article is devoted to the creative legacy of Corresponding Member of the USSR Academy of Sciences, Doctor of Law, Professor, statesman and public figure Viktor M. Chkhikvadze, the 110th anniversary of the birth of which the scientific community of Russia is celebrating this year. Chkhikvadze headed the Military Law Academy, the Institute of State and Law of the USSR Academy of Sciences, was actively engaged in the development of two scientific areas - Soviet Military Criminal Law and human rights theory, did a lot to strengthen international relations of the USSR.
The development of mankind at the present stage can be fully characterized as a crisis. The global challenges facing humanity are not provided with sufficient ideological potential. In other words, humanity as a whole (this applies not only to Russia) has a global crisis of ideas about its further movement and response to modern challenges. This fully applies to the phenomenon of law. The destruction of the existing world order leads to a reduction in the ability of the means of International Law to ensure peace and good-neighbourly relations between States; attempts to extend their jurisdictions by some countries increase the already significant conflict potential of our time. The sphere of law is also being tested within the country; the law has become significant in scope, complex; it "invades" those areas that have traditionally been "assigned" to other regulators. The sharp increase in the number of laws adopted is not accompanied by the sustainability of decisions; the existing laws are constantly changing; against the background of the loss or reduction of many value orientations, increasing differentiation of subjects of regulation, this leads to a "gap" between the law and the regulated relations, the loss of the value of the law itself as a regulator of relations, the devaluation of the law and the law. In the article from the standpoint of interdisciplinary analysis an attempt is made to understand the modern crisis phenomena; some conclusions are proposed, which, in the author's opinion, can reverse the existing negative trends.
Based on the analysis of a significant array of historical facts, normative legal acts and legal positions of domestic and foreign scientists, the article assesses the Nuremberg Principles in the Tokyo and Khabarovsk process of Japanese war criminals. It is confirmed that it was within the framework of the Khabarovsk process that Soviet prosecutors and investigators first established and investigated indisputable evidence of the criminal activities of Japanese militarists, sanctioned by the emperor, for the development and use of weapons of mass destruction (bacteriological weapons) during the battles on Khalkhin-Gol, as well as during the war of Japan against China. For the first time, the facts of conducting deadly medical experiments on prisoners of war, whose victims were thousands of people, are presented. The article shows the illegal position of the American military leadership, which was expressed in countering justice, harboring war criminals in exchange for the results of their monstrous research. The results of the Khabarovsk process, which served as the basis for the adoption of international legal documents on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin, as well as chemical weapons and on their destruction, are studied. It is demonstrated that the principles formulated in the Nuremberg Code have become the basis for many international and national legislative acts in the field of conducting medical research on humans. Their implementation into the legal system of the Russian Federation and subsequent development in the current legislation are traced.
Based on the analysis of a significant array of historical facts, normative legal acts and legal positions of domestic and foreign scientists, the article presents a legal assessment of the recognition of genocide as a crime committed against the peoples of the USSR during the Great Patriotic War of 1941 - 1945. The legal bases of countering attempts to re-evaluate events and revise the results of the Second World War are investigated. Special attention is paid to the importance of the Russian constitutional guarantees provided by the amendments to the Constitution of the Russian Federation in 2020 for the protection of historical truth. The confirmation by the Russian courts of the fact that the German-fascist invaders committed war crimes and crimes of genocide, the investigation by the Investigative Committee of Russia of criminal cases about these crimes, is considered in the context of the inevitability of responsibility as one of the central principles of law. The article substantiates Russia's strict commitment to the results of the Nuremberg International Military Tribunal in the legal consolidation of the facts of genocide against Soviet citizens and notes the need to implement the constitutional obligation of the Russian state to honor the memory of the defenders of the Fatherland, to ensure the historical sovereignty of the country by legal means, not to allow the significance of the feat of the Soviet people in the defense of the Motherland to be diminished.
