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The Phenomen of Law and Legislation: Strategies and Methods of Cognition

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The journal «The Phenomenon of Law and Legislation: Strategies and Methods of Cognition» is a Russian electronic scientific journal publishing works on urgent problems of jurisprudence.

The journal is a periodical scientific publication revealing original fundamental scientific research in the field of Russian law, the state of modern law enforcement and evaluation of legislative projects, as well as scientific doctrine and practice.

The scientific online journal will provide an opportunity for researchers to publish the results of their own scientific and practical activities.

Current issue

Vol 4, No 3 (2025)
View or download the full issue PDF (Russian)

THEORY OF STATE AND LAW

13-21 8
Abstract

The development of the democratic and legal foundations of the Russian state in modern history was directly based on the effective implementation of the principles of separation of powers and the formation of independent and autonomous branches of government. Legislative power structures are a crucial component of these principles. The Federal Assembly, regional legislative assemblies, and parliaments, as representative bodies of power whose activities are primarily aimed at regulating legal relations in Russian society through the adoption and approval of relevant legislation, occupy a special place among the state and legal institutions of the Russian Federation. This article examines the legal foundations of the People’s Khural (Parliament) of the Republic of Kalmykia. General scientific and specialized legal research methods are used. Current legislation serves as the material. The activities of regional parliaments are regulated, on the one hand, by norms granting constituent entities of the Russian Federation the right to independently establish their own rules or supplement existing federal regulations, and, on the other hand, by norms containing mandatory provisions or establishing certain limits within which constituent entities of the Russian Federation are permitted to implement their own legal regulation. The activities of regional parliaments can be considered a primary element in the lawmaking process of the Russian Federation. 

INTERNATIONAL LAW

23-33 5
Abstract

The article proves that the principle of state sovereignty over its natural resources has gone from the slogan of decolonization to the norm of international law, deeply woven into the fabric of both the international economy and the international environmental order. Its content is diverse: it is both the legal embodiment of the right to self-determination, and the basis of national economic policy, and at the same time the starting point for the development of obligations to protect the environment. As the analysis has shown, the principle under study remains critically important: no state will agree to participate in international treaties unless it is confident that it will maintain control over its natural resources. At the same time, global problems require the adoption of “supranational” solutions, and here absolute sovereignty turns out to be an obstacle. Modern international environmental law tries to overcome this contradiction by offering the formula “sovereignty + responsibility”: States have the sovereign right to exploit their own natural resources at their discretion, but are responsible for causing damage to other countries. States are gradually agreeing to self-limit their sovereignty for the sake of a common goal, including climate, oceans, the ozone layer, etc. The author notes that the principle studied in the article will continue to evolve in the future, analyzes its ways, including the development of an environmental monitoring system and the protection of environmental rights.

АКТУАЛЬНЫЕ ПРОБЛЕМЫ ГРАЖДАНСКОГО ПРАВА

35-39 7
Abstract

The article is devoted to the analysis of the application of the principle of inadmissibility of anyone’s arbitrary interference in private affairs in court practice. The article examines specific examples in which the Constitutional Court of the Russian Federation, as well as the courts of general jurisdiction, relied on this principle when making their decisions. The author concludes that the existing judicial practice does not allow for a definitive statement about the comprehensive nature of the principle of the inadmissibility of arbitrary interference in private affairs, as well as about the independent application of this principle as a regulator of public relations. 

40-45 6
Abstract

This research article examines the problem of inadequate information for consumers of financial services as a civil violation. It analyzes hidden forms of dishonesty, including misselling, non-transparent pricing, and the imposition of additional services. Legal measures to protect consumer rights, such as the introduction of mandatory information standards and stricter civil liability, are considered. Recommendations for increasing the transparency of financial products are proposed, including standardizing information, training clients and employees, and expanding cooperation with consumer protection organizations. 

46-50 6
Abstract

The article examines current challenges in the labor market and promising areas for combating unemployment. The problems of social protection for the unemployed in the Russian Federation are systemic: the unsustainable size of benefits, the lack of insurance mechanisms, and the legal fragmentation. Judicial practice demonstrates a conflict between the formal application of norms and the constitutional rights of citizens (to life and protection from unemployment). It is emphasized that the legal protection of the unemployed is a complex system that regulates employment, and the article proposes recommendations for addressing these issues. 

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