Discussion forum
Reference:
Shevelev, I.V. (2025). Legal Protection of Computer Programs Created Using Software Platforms. Law and Politics, 4, 1–15. https://doi.org/10.7256/2454-0706.2025.4.73936
Abstract:
This article examines current legal protection issues related to software developed using software platforms. With the widespread implementation of multifunctional and universal platforms in software development, questions concerning copyrights, related rights, and rights to specific software components and source code become increasingly complex and contentious. The paper analyzes peculiarities of legal regulation in Russia, identifies problems related to determining rights holders and the scope of rights requiring protection. It discusses legal conflicts and legislative gaps arising when software is created using third-party platforms. Particular attention is paid to compliance with end-user license agreements (EULA). The research methodology comprises the general dialectical method, general scientific methods (formal logic, comparison, analogy, analysis, and synthesis), and specialized legal methods (comparative legal and formal legal analysis). The main conclusion drawn from the research is the establishment of the principle that the conditions set by the platform rights holder’s end-user license agreement (EULA) cannot impede the emergence of exclusive rights for creating applications and configurations based on these platforms. In the analyzed cases, the newly created software is not considered a constituent part of the platform, which merely serves as a medium for its execution. Existing uncertainties in this issue present significant challenges for both platform users and platform owners. The novelty of the research lies in proposing legislative improvements to achieve more effective and balanced regulation of rights regarding software products created using third-party platforms, considering the interests of developers, platform rights holders, and end-users.
Keywords:
software product, legal protection, intellectual property, rights holder, source code, copyright, license agreement, exclusive right, software platforms, software
State institutions and legal systems
Reference:
Yarar, M. (2025). Constitutional guarantees in Central Asian countries: main civil rights and freedoms de jure and their de facto status. Law and Politics, 4, 16–28. https://doi.org/10.7256/2454-0706.2025.4.74045
Abstract:
This article conducts a comparative analysis of the fundamental rights and freedoms defined in the constitutions of Central Asian countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and assesses the state of these guarantees in practice in light of reports from international human rights organizations. The research is based on two main sources: the report "Freedom in the World 2025" published by Freedom House and the "Human Rights Reports 2024" by Amnesty International. Although rights are usually defined broadly in constitutions, under authoritarian regimes, these rights are de facto limited. In this context, it is essential to strengthen an independent judiciary, the rule of law, and democratic institutions to enhance the effectiveness of constitutional guarantees. The study highlights the structural contradiction between norms and practices. Using methods of comparative constitutional analysis and qualitative content analysis, the article systematically examines constitutional guarantees and their implementation in Central Asian countries. The constitutional frameworks of Central Asian countries are analyzed comparatively in terms of fundamental rights and freedoms, including reports and findings from international organizations. While there are many studies dedicated to constitutional rights and freedoms in Central Asia, comparative studies systematically examining the difference between constitutionally recognized rights (de jure) and their practical implementation (de facto) are quite limited. This article fills that gap and analyzes the provisions on fundamental rights in the constitutions of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan compared to the empirical data of international human rights organizations. Thus, the research reveals not only the normative provisions but also the actual ineffectiveness of these provisions, as well as how they become non-functional in the context of authoritarian regimes. Ensuring the rule of law, protecting freedom of speech, and strengthening an independent judiciary should be primary priorities for the constitutional order in these countries to become truly operational not only in written texts but also in social life.
Keywords:
Authoritarian regimes, Political rights, Freedom of expression, Democracy, Human rights, Central Asia, Fundamental freedoms, Constitutional rights, Rule of law, De jure – De facto
International alliances
Reference:
Li, Z. (2025). Interaction of SCO Member States: The Case of the Afghan Problem. Law and Politics, 4, 29–41. https://doi.org/10.7256/2454-0706.2025.4.74007
Abstract:
Member states of the Shanghai Cooperation Organization (SCO), which include Asian and European countries, each with diverse cultural roots and levels of development, form a complex network of relationships. A typical example of the interaction among SCO member states is the Afghan issue, as the member states have close ties with Afghanistan and all face multifaceted challenges such as religion, counter-terrorism, refugees, and drug trafficking. The subject of this article is the interaction of SCO member states concerning Afghanistan, analyzing the models of interaction and the influencing factors of member states on the Afghan issue from the perspective of relational theory. The objectives of the study are: to analyze the mechanism of interaction among SCO member states, the role of promotion, hedging, and rethinking in the process of cooperation among member states; to provide theoretical justifications and political recommendations for the development of the SCO after the expansion of the organization. Based on relational theory, this article analyzes the interactions among SCO member states, draws lessons for the development of the SCO after expansion, and contributes to building a Community of Shared Future for Mankind. The article employs comparative analysis to examine the differences and influences of identity and interests by comparing the interactions of various member states regarding the Afghan issue. The novelty of this article lies in its analysis of the interactions among member states of international organizations through the lens of relational theory, emphasizing that identity and interests occupy a central place in interactions. In conclusion, despite the complexity of the Afghan issue, SCO member states face numerous challenges, wherein a multi-level and multi-dimensional mode of interaction among member states on the Afghan issue is shaped based on the promotion of identity and common interests. Identity serves as an important foundation for interaction among member states, while common interests are the main driving force behind their cooperation. SCO cooperation on the Afghan issue entails the following: establishing a regular SCO-Afghanistan Contact Group based on identity to expand influence over Afghanistan and maintain regional peace and security; addressing the dilemmas of conflicting interests, enhancing mutual trust, and practicing multilateralism through bilateral or multilateral means of interaction.
Keywords:
Central Asia, Russia, China, relational interaction, regional public goods, relationalism, regional security, Afghan issue, SCO, community of a shared future
Jurisprudence
Reference:
Poluyan, D.A. (2025). Features of legal regulation of the activities of self-employed individuals. Law and Politics, 4, 42–56. https://doi.org/10.7256/2454-0706.2025.4.73937
Abstract:
This study is dedicated to the analysis of the legal status of self-employed citizens in the Russian Federation engaged in entrepreneurial activities under the special tax regime "Tax on Professional Income." The article analyzes the applicability of special norms regulating entrepreneurial activities to public relations involving self-employed citizens, considering the mechanisms for including self-employed individuals within the scope of these norms—both through direct mention and by excluding the requirements for a specific legal status. One of the main issues examined in the article is the dual perception of the legal status of self-employed individuals: on one hand, they are entrepreneurs, as confirmed by legislation; on the other hand, their activities are often so small-scale that they may resemble non-commercial activities. The article analyzes legislative changes and justifies the need for a differentiated approach to the application of certain norms of entrepreneurial law to the self-employed. The methodology of the study consists of general scientific and special scientific methods of knowledge. Dialectical, logical, formal-legal, legal-dogmatic, hermeneutic methods of research, and the method of interpretation of legal norms have been employed in the research. The scientific novelty of the research lies in the comprehensive analysis of the legal status of self-employed citizens in Russia, taking into account the contradictions between their actual entrepreneurial activities and the lack of direct legislative recognition of this status. The study goes beyond a mere description of the current legislation by analyzing the problems arising in the application of certain norms of civil law to self-employed citizens. Special attention is paid to the need for a cautious approach in regulating the activities of the self-employed, firstly, considering the existing normative restrictions on their activities under the tax on professional income, and secondly, evaluating the scope of the self-employed’s activities that do not allow full participation in certain types of economic relations. The conclusions of the study demonstrate the necessity for legislative changes aimed at clarifying the legal status of the self-employed and eliminating existing gaps. Particular emphasis is placed on a differentiated approach to the application of bankruptcy norms that take into account the specifics of the self-employed’s activities and minimize negative consequences for the economic environment. The proposed changes are aimed at strengthening trust in the self-employed as entrepreneurs and enhancing the effectiveness of regulation for this category of citizens.
Keywords:
tax regime, individual entrepreneur, legal status, legal regulation, entrepreneurial activity, professional income, self-employed, law enforcement, micro-entrepreneurship, bankruptcy
Theory
Reference:
Mitrokhin, S.S. (2025). The First Stage of Analytical Jurisprudence: Empirical Foundations and the Genus-Differentia Method. Law and Politics, 4, 57–70. https://doi.org/10.7256/2454-0706.2025.4.74083
Abstract:
The subject of this study is the methodological framework manifested in the first stage of analytical jurisprudence. Legal scholarship maintains that analytical jurisprudence originated in the works of the English jurist John Austin, who was influenced by the ideas of his distinguished compatriot Jeremy Bentham. The period dominated by Austin's scholarly project is conventionally designated as the inaugural phase of analytical jurisprudence. Nevertheless, Anglo-American legal theory demonstrates no consensus regarding the explication of methodology during this period. The academic literature presents divergent views: while some scholars contend that Austin failed to develop any methodology distinctive to analytical jurisprudence - with his research representing instead the perpetual application of the classical genus-differentia definitional approach to demarcate empirically observable characteristics of relevant objects - others maintain that Austin conducted a priori analysis, suggesting his methodology was considerably more sophisticated. Proceeding from this dichotomy, the subject of this article involves a problem-theoretical reconstruction of the doctrines of key figures in early analytical jurisprudence through an interpretive methodology. Given analytical jurisprudence's primary focus on examining legal concepts, the reconstruction concentrates particularly on those aspects of their doctrines pertaining to the methods of defining and formulating juridical concepts. This methodological examination reveals that: (1) Austin's jurisprudential project did not adopt Bentham's methodology for handling legal concepts; (2) Austin's principal method for defining legal concepts remained the classical genus-differentia scheme; (3) The methodological dimension of Austin's analytical jurisprudence is more accurately represented as constructing conceptual frameworks for subsequent research; (4) These frameworks manifest in the descriptive and empirical character of the respective methodology; (5) Thomas Holland, the primary popularizer of early analytical jurisprudence, not only remained within these delineated frameworks but perpetuated the use of the classical genus-differentia definitional approach.
Keywords:
Thomas Erskine Holland, Jeremy Bentham, John Austin, legal concepts, descriptive jurisprudence, rationalism, empiricism, methodology, analytical jurisprudence, stages of analytical jurisprudence
Authority and management
Reference:
Khokhlova, A.D. (2025). The Principle of Maintaining Citizens' Trust in the Law and Government Actions in the Context of Tax Administration. Law and Politics, 4, 71–87. https://doi.org/10.7256/2454-0706.2025.4.74272
Abstract:
The article examines the mechanisms for implementing the principle of maintaining citizens' trust in the law and government actions, formulated by the Constitutional Court of the Russian Federation, in Russian tax practice, focusing on the formation and protection of taxpayers' legitimate expectations in disputes with tax authorities. The aim of the work is to analyze the contradictions between the principles of legality and trust in public authority actions within the case law of Russian arbitral courts, including a critical analysis of the legal positions of the Supreme Court of the Russian Federation; classification of categories of taxpayers’ justified expectations in the practice of the Constitutional Court of the Russian Federation; identification of factors influencing the emergence of legitimate expectations, and formulation of conditions for their protection based on a comparative legal analysis of foreign doctrines and case law from common law countries. The methodology includes a formal-legal analysis of the norms of the Tax Code of the Russian Federation, a comparative legal comparison of the implementation mechanism of the similar doctrine of legitimate expectations in the legal practice of the United Kingdom, Belgium, and the Netherlands, as well as a systematic approach to studying court decisions and doctrinal sources. The research results demonstrate that despite the entrenchment of the protection of legitimate expectations in legislation, their implementation encounters restrictive interpretation of norms and inconsistent approaches by regulatory bodies. A special contribution by the author to the study of the topic is the delineation of criteria for the «addressability» of clarifications issued by tax authorities, differentiation of requirements for taxpayer good faith depending on their status, and a proposed model for the realization of legitimate expectations considering the distribution of risks between the state and participants in tax legal relations. The key conclusion is the need for a balance between legality and trust through the improvement of tax administration: increasing transparency of clarifications, making them mandatory, minimizing formalism and arbitrary approaches. The article emphasizes the relevance of protecting causal expectations arising from the actions of tax authorities (clarifications, case law, inaction) and proposes an algorithm for assessing their legitimacy, taking into account the professional status of the taxpayer. The results can be applied to reforming tax legislation, unifying enforcement practices, and will contribute to strengthening trust in government institutions.
Keywords:
formal-legal analysis, taxpayer good faith, legality, tax control, judicial practice, legal uncertainty, good faith tax administration, legitimate expectations, maintaining trust, comparative-legal method
State institutions and legal systems
Reference:
Lepshakov, K.I. (2025). Legal regulation of cryptocurrency in Russia: from problem analysis to strategic solutions through SWOT analysis. Law and Politics, 4, 88–104. https://doi.org/10.7256/2454-0706.2025.4.74255
Abstract:
The subject of the research is the aggregate of social relations arising in the process of legal regulation of cryptocurrencies in the Russian Federation under the conditions of the digitalization of financial markets. The article analyzes the features of the formation of the legal status of cryptocurrencies, the interaction of national legislation with international standards for the regulation of digital assets, as well as the impact of regulatory changes on the development of the cryptocurrency market. Special attention is paid to issues of the legal recognition of cryptocurrency in Russia, the mechanism for regulating operations with digital assets, the regulation of mining, taxation, licensing of cryptocurrency exchanges, and the protection of retail investors. The research includes the identification of key problems, contradictions, and gaps in existing legal regulation, as well as justification for the necessity of improving the legislative framework using the SWOT analysis method to develop strategic solutions in the field of cryptocurrency regulation. The study employs methods of induction, deduction, comparative law, and formal legal methods, as well as a systematic approach. A SWOT analysis was used to identify the strengths and weaknesses of cryptocurrency legal regulation. The basis consisted of regulatory acts, judicial practice, and scientific literature. The scientific novelty of the research lies in the comprehensive application of the SWOT analysis method to assess the state of legal regulation of cryptocurrencies in the Russian Federation, which allowed for the identification of systemic contradictions in legislation and the determination of strategic directions for its improvement. Concrete recommendations for harmonizing the regulation of cryptocurrencies and the digital ruble, taking into account international experience and Russian realities, are proposed in the work. The conducted research showed that the current regulation of cryptocurrencies in Russia develops fragmentarily and is accompanied by a number of legal uncertainties. Despite significant progress, issues of licensing crypto operators, protecting investors' rights, and aligning approaches of various state bodies remain unresolved. For the effective integration of cryptocurrencies into the economy, it is necessary to develop a unified, systematic, and balanced legal stance that takes into account both national interests and international standards for the regulation of digital assets.
Keywords:
retail investors, cybersecurity, taxation, international payments, mining, SWOT analysis, digital ruble, legal regulation, cryptocurrency, legislation
Transformation of legal and political systems
Reference:
Poyarkov, S.Y. (2025). Transformation of constitutionalism in contemporary society: conceptual foundations. Law and Politics, 4, 105–122. https://doi.org/10.7256/2454-0706.2025.4.74044
Abstract:
The relevance of the article's topic is determined by the necessity to study the transformation of constitutionalism in modern society in response to dynamic changes in the social, political, and technological spheres. In the context of globalization and digitalization, the importance of adapting the constitutional order becomes increasingly evident, which is the subject of this research. The transformation of constitutionalism is not merely a consequence of legal evolution or a mechanical adaptation to external conditions, but a result of profound processes occurring within legal consciousness, political culture, and the very structure of power. It affects not only forms but also essence: the perception of the legitimacy of public authority is changing, the emphasis is being redistributed between public and private autonomy, and between universal rights and specific measures of legal protection. The main research method used is conceptual analysis, aimed at identifying the key trends and mechanisms of the transformation of constitutionalism. The methodology of the study is based on a systemic approach, which allows viewing constitutionalism as a living, evolving system interacting with a changing external world. The novelty of the study lies in presenting the transformation not as a rejection of traditional principles but as a process of their adaptation to new conditions, while maintaining continuity. The article emphasizes the shift from a normative approach to a functional one, reflecting the necessity for the real implementation of rights and freedoms, rather than merely their formal enshrinement. Special attention is given to new forms of civic participation, such as digital citizenship and constitutionalism, which open up new opportunities for citizen participation in the political process and require the protection of rights in the digital environment. The work also examines the strengthening of the role of the judiciary in the process of constitutional transformation, as well as the problems associated with its instrumentalization and the threat of external influence. An important element of the study is the search for a balance between individual rights and public interests, which is especially relevant in conditions of social and political instability. In conclusion, the article outlines proposals for further research aimed at developing flexible constitutionalism, combining the stability and adaptability of legal systems.
Keywords:
technological challenges, social changes, human rights, judicial power, constitutionalism, digital citizenship, transformation of constitutionalism, legal stability, constitutional principles, legal systems
State security
Reference:
Ilikaev, A., Fadeev, K.V. (2025). Comparative analysis of current nuclear and military doctrines of Russia and the USA. Law and Politics, 4, 123–142. https://doi.org/10.7256/2454-0706.2025.4.73952
Abstract:
The subject of this study is a comparative analysis of the current nuclear and military doctrines of Russia (2024) and the United States (2018). The purpose of the article is to identify the similarities and differences between the nuclear and military doctrines of the world's leading nuclear powers, as well as to formulate recommendations regarding Russia's nuclear and military doctrines in order to minimize the risk of nuclear war and effectively realize the national and state interests of the Russian Federation. The relevance of the work lies in the fact that after the adoption of the nuclear doctrine in 2024 there has been an escalation of the information war related to attempts to lower the threshold for the applicability of nuclear weapons and discredit the Armed Forces of the Russian Federation. The practical significance of the research is expressed in the fact that its results can be used to study the problem of international security in conditions of increasing danger of nuclear war, as well as to develop and implement concrete steps to improve Russian doctrinal installations on nuclear and military security. The methodological basis of this study is an analysis of the regulatory framework, scientific literature and Internet resources related to the problem of nuclear and military policy of Russia and the United States, a comparative historical approach for analyzing the doctrinal attitudes of the nuclear policy of the Russian Federation and their adjustments with the corresponding doctrines of the United States. The novelty of the research lies in establishing similarities and differences between the nuclear and military doctrines of the world's leading nuclear powers, as well as in formulating recommendations regarding Russia's nuclear and military doctrines. In particular, it was found out that while the United States had already adopted the first nuclear doctrine in 1994, there was no similar document in Russia until 2020, despite the presence of sections on nuclear deterrence in the military doctrines of the Russian Federation. At the same time, while Russia has almost always been identified as a key adversary in the US nuclear doctrines, even the current Russian nuclear doctrine of 2024 does not mention the United States in the same capacity. There is only an increase in threats emanating from NATO. The authors of the article first of all propose to specify the sources of threats to Russia's nuclear security, which, first of all, are the United States and its closest NATO allies.
Keywords:
political assessments, armed forces, military doctrine, nuclear doctrine, nuclear security, national security, discrediting, USA, Russia, youth policy
Law and order
Reference:
Staroselets , O.S. (2025). Analysis of the legislative innovation in Article 196 of the Criminal Code of the Russian Federation (deliberate bankruptcy) for compliance with the principle of justice. Law and Politics, 4, 143–156. https://doi.org/10.7256/2454-0706.2025.4.73938
Abstract:
The subject of the research in this article is the criminal law novelty of Article 196 of the Criminal Code of the Russian Federation. The author examines in detail aspects of the topic such as the question of harmoniously integrating the new criminal law structure into the legal system and its conformity to the principles of criminal legislation. The criminalization of any act, the expansion of the circle of crime subjects, and the establishment of sanction limits must invariably be accompanied by a thorough analysis and subsequent formatting from the standpoint of legal techniques for implementation into criminal law and the elimination of the possibility of destabilizing the criminal law mechanism of bringing to criminal responsibility. In particular, this article discusses the issue of compliance with the principle of justice in the formation of the new version of Article 196 of the Criminal Code of the Russian Federation, which came into force on July 1, 2021. The main research method chosen is the systematic method with reference to judicial practice. The scientific novelty of the conducted research lies primarily in the necessity of conducting additional analysis of the already implemented criminal law norm to detect structural omissions that contain a prospective danger of destabilizing the entire criminal law mechanism for bringing to responsibility. In this context, economic crimes are particularly acute, as they traditionally lie at the intersection of various branches of law. As a result of the research, a number of omissions were identified, manifested in the absence of differentiation of criminal responsibility and non-compliance with the rules of stepwise distribution of the severity of the committed crime depending on the volume of the ensuing socially dangerous consequences. Based on the identified issues of legislative regulation regarding criminal responsibility for committing a crime specified in Article 196 of the Criminal Code of the Russian Federation, key proposals for further improving the reviewed normative provision have been formulated, such as technical reworking of Article 196 of the Criminal Code with the determination of general, qualified, and especially qualified compositions for different degrees of crime severity.
Keywords:
Intentional bankruptcy, Novelty, Economic crimes, Principle of justice, Differentiation of liability, Criminal liability, Criminal law, Crime, Subject of crime, Objective side
Authority and management
Reference:
Khairullina, L.I. (2025). The President of the Russian Federation through the lens of sociological surveys. Law and Politics, 4, 157–172. https://doi.org/10.7256/2454-0706.2025.4.73950
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EDN: FRUUVE
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Abstract:
The aim of the article is to reveal the process of the personalization of presidential power through identifying the dynamics of public approval of the activities of the President of the Russian Federation. The correlation of indicators with the social well-being of the population and events in the country are considered components of this process. The subject of the research is presidential power. The focus of the study is the personalization of presidential power based on secondary analysis of sociological studies conducted by leading Russian sociological services. The methodological basis of the research includes conceptual, comparative, and event analyses; historical methods; and a neo-institutional approach. The research method is secondary sociological analysis based on data from leading Russian sociological services. The process of the personalization of the president is examined through the dynamics of public approval of the activities of the President of the Russian Federation. The data is analyzed for the period from 2000 to 2024. The scientific novelty of the study lies in the results obtained, which show that data from various sociological centers regarding the support for the president and the social well-being of citizens correlate. Furthermore, the personality of the head of state plays a significant role. The institution of the presidency is perceived as a crucial link in the system of state power; it has established itself as a political institution, and the person occupying this position is perceived by society in a personalized manner. At the same time, society, in reality, has little influence on state power and is willing to submit to the authority of power, thereby distancing itself from politics. The materials of the article have practical value for identifying problems and contradictions in the field of public administration in Russia and will also be of interest to political scientists, sociologists, political technologists, and consultants.
Keywords:
sociological centers, personification, social well-being, rating, trust, approval of activities, public opinion, V. V. Putin, presidential power, President of the Russian Federation
International relations: interaction systems
Reference:
Yang, Z. (2025). Educational Diplomacy of Russia and China in the Digital Era: Commonalities and Distinctions. Law and Politics, 4, 173–187. https://doi.org/10.7256/2454-0706.2025.4.73968
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EDN: FQQRZW
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Abstract:
Amid the transformation of the global system of international relations, educational diplomacy is gaining increasing importance as a tool of humanitarian influence, national image formation, and strategic positioning. The changing global order, the advancement of digital technologies, and growing competition for intellectual and cultural resources necessitate a rethinking of traditional models of educational cooperation. The aim of this study is to identify the features of international educational cooperation in the digital age and to examine the specificity of Russian and Chinese educational diplomacy as an instrument of foreign policy and a factor in shaping global humanitarian influence. The object of the research is the educational diplomacy of the two countries as a form of international engagement in the context of globalization, digitalization, and humanitarian competition. The study seeks to conceptualize new forms of educational partnership and their role in developing alternative models of global humanitarian cooperation. The methodology is based on the works of Russian and Chinese scholars in the field of humanitarian policy. Comparative analysis of strategic approaches and content analysis of key policy documents are employed to assess digital educational initiatives and their diplomatic significance. The scientific novelty lies in clarifying the similarities and differences in the strategies of Russia and China and in revealing the link between digital educational formats and foreign policy priorities in a multipolar world. The findings show that Russia emphasizes cultural identity, Eurasian humanitarian integration, and regional connectivity, while China promotes a global educational community based on universalism, inclusivity, and sustainable development. The results confirm that educational diplomacy is becoming a key channel of humanitarian influence and strategic international engagement.
Keywords:
Global governance, Digital education, Regional leadership, SCO and BRICS, Soft power, Digital transformation, Humanitarian policy, Educational diplomacy, International cooperation, Public diplomacy
XXI century International law
Reference:
Churkina, L. (2025). Acts of international judicial bodies as a factor in the convergence of national legal systems. Law and Politics, 4, 188–201. https://doi.org/10.7256/2454-0706.2025.4.74127
Abstract:
The present article is devoted to the study of the problem of harmonization of national legal systems, which is one of the pressing issues in legal science and practice, as this process is linked to interstate cooperation and the natural development of humanity and society. The interaction of the legal systems of states has become a topic of scientific discussions. Scholars addressing this problem have mainly focused on the general characteristics of the process of harmonization of legal systems of states. The aim of this article is to examine the precedents and acts of international judicial institutions, identifying the effectiveness of judicial practice in the harmonization process of the legal systems of various countries. The object of the study is the international law enforcement practice. The subject of the article consists of the acts of international judicial bodies established to influence national legal systems and to ensure their harmonization. The methodological framework comprises general scientific methods (comparison, analysis, synthesis, analogy, deduction, induction, and others), special methods (formal-logical, interpretation of law, and others), and other cognitive methods. The scientific novelty of the work lies in the comprehensive study of the practice of the European Court of Human Rights and the Court of the Eurasian Economic Union and the mechanism for monitoring the implementation of international court rulings, revealing the characteristics of the relationship and interpenetration of national legislations in the examination of specific cases. In particular, in the case of Engel and Others v. Netherlands, the European Court of Human Rights presented a legal position on issues of access to justice, which was later developed and confirmed in the case law of the Court and had an integrative impact on the legislation of the member states of the Council of Europe. The theoretical significance of the article is determined by its contribution to expanding and deepening knowledge about the peculiarities of the process of harmonization of national legal systems. The practical significance of the research findings lies in the fact that the conclusions contained in the study can be used in the process of improving international and national legislation and law enforcement practice, as well as in finding and selecting the most appropriate measures to ensure more effective interaction of the legal systems of states. The research results can be applied in scientific research and educational activities.
Keywords:
advisory opinion, judgment, uniform standards, uniform application, uniform interpretation of norms, Eurasian Economic Union, international courts, European Court, convergence of legal systems, interstate cooperation