ARCHIVE FOR 2023 RUSSIAN
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Январь 2023
CONTENT
Chief editor’s column
Interview of the issue
Topic of the issue
A.V. Ilyin The Purpose of Higher Legal Education The higher legal education is undergoing permanent reforms to
adjust it to the needs of the day, to make it accessible to those
who do not want to work as a lawyer in the future. Can this be
done in such a way that legal education after such a reform would
still allow legal work to be efficient? Maybe it is time to divide
legal education into ordinary (for mere mortals) and branded (for
the elite) in order to satisfy the demand for both “working legal
bees” and for the “actual honey of jurisprudence”? In the article, I analyse the limits of reforming legal education and the grounds for
dividing law faculties.
Keywords:
law degree, knowledge, skills, instructional methods
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S.A. Belov Should Legal Education Be Legal Only? It is difficult to talk about legal education, and above all about its basic
conceptual foundations and principles, without understanding what
kind of professional and social activities graduates of law schools
are prepared for. Is the task of training lawyers reduced to mastering
the skills of performing routine legal functions? If not, what other
social and professional prospects open up for those who have received
a higher legal education? On the one hand, what should be the peculiarity
of legal education in comparison with other types of education and, on
the other hand, what is the social mission of those who study law?
Offering some general answers to these questions, the author seeks to
show that the key to the effective implementation of the role of law in
modern society can only be a deep assimilation of fundamental values
and principles of law in the process of obtaining legal education. To fulfil
this task and for a confident position in the developing labour market,
a law student should receive not only narrow professional knowledge
and skills, but also a broad, versatile education.
Keywords:
legal education, legal profession, educational programs on law, the role of law in society
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N.A. Dmitrik Anticlinics as a Format of Constructive Legal Education The article is devoted to overcoming the crisis of the Russian
legal system in the context of digital transformation. The analysis
is based on the Russian legal education as a way of reproducing
the carriers of legal knowledge and related values. The article
considers six factors that influence this process: motivation,
competition, transformation, micro-education, actualisation and
multimodality. Based on the results, the format of the anticlinic
is considered as a legal educational environment that optimally
takes into account these factors and allows creating fair legal
norms.
Keywords:
anticlinic, legal education, micro-education, pedagogical design, constructivism, connectivism
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M.A. Dorofeeva Individual Educational Trajectory in Higher Legal Education (Bachelor’s Degree) The article examines the problem of actualisation of higher legal
education in the Russian Federation in the context of the Fourth
Industrial Revolution and the transition to the knowledge economy.
The novelty of the research lies in the formulation of the question
of the possibility of combining the principles of two educational
systems in the training of lawyers: the Russian fundamental
classical model, which forms professional legal thinking through
immersion of the student in a clearly defined subject environment,
and the model «2 + 2 + 2», flexible, individualised to the needs
of a particular student and creating a unique set of competencies
for each graduate. The author defines the meanings and value basis of the model «2 + 2 + 2». The academic community
manages to maintain a balance between the quality of legal
education demanded by society and the needs of an individual.
On the example of two universities, the variants of the synthesis
of two systems in the bachelor’s degree programs are analysed.
Common to the reform of the educational model of these
universities is the design of the value image of a graduate who
has a legal mindset and has developed cross-functional metaskills.
This experience shows that two educational models will
not conflict with each other, but can be harmoniously combined
if the transformation is based not on the goal of constructing
a hybrid of educational systems, but on the desire to create
a space of opportunities and professional self-improvement
within programs.
Keywords:
higher education reform, legal education, liberal arts and sciences, soft skills, critical thinking, functional illiteracy, metaskills, Berkeley, individual educational trajectory, major, minor
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T.M. Khramova Through the Formula to the Stars: About the Grading System in Legal Education The article comprises a critical analysis of the assessment system
used in legal education. The study builds up on the premise that
assessment is meant to, on the one hand, evaluate the student’s level
of achieving the educational goals, and, on the other hand, provide
valuable feedback to both the student and the teacher on ways to
improve their learning and teaching strategies. The author makes
an attempt to define the basic principles, as well as specific rules
for designing an effective assessment formula for a legal course. To
start with, the author engages in a general discussion of different
types of assessment and the role they play in educating future
lawyers. The author then proceeds to discuss specific assessment
tools that are widely used in Russian legal education: evaluation
of in-class performance, written assignments and final exams.
The author comes to a conclusion that the toolkit incorporated in
the course’s assessment formula should create a fair, plain and
objective system that motivates the student to deep learning and
clearly indicates strengths and areas for improvement. The article
provides examples of effective assessment tasks, as well as specific
recommendations for designing an effective evaluation formula for
a legal course.
Keywords:
assessment formula; educational goals; deep learning; formative assessment; summative assessment; exam; legal writing; test; open questions; essay
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R.M. Yankovskiy Legal Writing There and Here The author investigated the current situation with the teaching of legal
writing in Russia. He described the model of teaching legal writing
in American law schools, identified differences in organisation,
methodology, and teaching programs. He proposed measures for
introducing legal writing into the curricula of Russian universities
and outlined a plan for future action.
Keywords:
legal writing, legal research, legal education, lawyering skills
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T.Yu. Bocharov, E.A. Khodzhaeva Social Portrait, Reputations and International Activity of Russian Legal Scholars The article proposes an analysis of professional reputations, social
characteristics and scientific practices of the academic community
of Russian lawyers. The authors give a detailed social portrait of
the community: demographic characteristics, mobility, teaching load
and involvement in legal practice. The study provides drawing on
the representative survey the rankings of the most authoritative figures
who have contributed to the Russian legal science in general as well as
to particular sub-disciplines of law. In the article, the authors analyse
how reputation correlates with formal indicators — the number
of publications and citations in Russian and international journals.
The article specifically addresses the issue of the involvement of Russian
legal scholars into the international academia and their preparedness to
use empirical methods and interdisciplinary approaches.
Keywords:
legal academy, reputation, legal profession
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Press Release
Theory and practice
E.V. Mokhova Recognition of Foreign Bankruptcies in Russia: The Issue of Finality of the Court Decision Opening Bankruptcy Proceedings and the Search for the Means of Its Cross-Border Effect De Lege Lata The article raises the question of the cross-border effect of
foreign bankruptcy in Russia and whether it is possible to adapt
the Russian legal tools to solve the problems of special bankruptcy
recognition. The finality of foreign judgments is analysed in
detail. It is concluded that the finality criterion is poorly suited for
bankruptcy cases. But the finality of court decisions commencing
insolvency proceeding may lose its significance for their
verification as suitable objects of recognition, only when a special
model of insolvency-specific recognition exists, and provides
the mechanisms to ensure legal certainty in the recognising state. It is noted the «closed» regime of procedural recognition in Russia
in relation to foreign court decisions opening foreign bankruptcy
proceeding. Alternative options for ensuring the cross — border
effect of bankruptcy are considered: the material recognition,
the acknowledgment of foreign bankruptcy as a fact, the request
for interim measures in support of foreign bankruptcy. Ideas
about the use of truncated procedural recognition are expressed,
the legal difficulties of implementing this option are noted. In
contrast to the “closed” regime of procedural recognition in
Russian court practice, examples of “informal” recognition
have been identified — the perception of foreign bankruptcy as
a fact with the protect measures provision to the debtor’s assets
from the creditor’s individual actions, which is comparable to
the universal effect of foreign bankruptcy. The unique situation of
the existence in the country of both territoriality and universalism
is noted. All this underlines the desirability of a special legal
regulation for the foreign bankruptcy proceedings recognition
based on the modern models of modified universalism.
Keywords:
сross-border bankruptcy, cross-border insolvency, recognition of foreign bankruptcies, cross-border effect of bankruptcy, recognition and enforcement of foreign judgments, final and conclusive judgment, interim measures, procedural recognition
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S.Yu. Filippova About the War and Its Significance for Civil Relations: Analysis of the Historical Experience of the Civil Turnover Legal Regulation During The World Wars of the Twentieth Century with the Solution of Some Relevant Practical Cases Based on the experience of the world wars of the twentieth century,
the author examines approaches to the adaptation of the main
institutions of civil law when used in times of war, draws conclusions
about the applicability of individual solutions found to the situation of
the geopolitical crisis associated with a special military operation in Ukraine. The article contains practical advice on the implementation
of legal assistance in the field of civil relations to mobilised citizens
and members of their families.
Keywords:
obligations, moratorium, statute of limitations, recognition as missing, declaration of deceased, requisition, vindication, irresistible force, war
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I.S. Shitkina Influence of Sanctions and Anti-Sanctions Measures on the Development of Corporate Legislation, Practice of Its Application and Scientific Doctrine The article is focused on the influence of sanctions and anti-sanctions
measures on the development of corporate legislation, practice of its
application and scientific doctrine. With respect to duration of antisanctions
measures the author believes that it is more appropriate to
define period of applicability of the special rule before introduction
into the legislation of other changes (and not to determine specific
period of application of the anti-sanctions measure).
The author concludes that public companies in the course of antisanctions
regulations were granted with substantial discretion
with respect to the internal corporate procedures and disclosure of
information. They are already not fully compliant with the ordinary
legislation requirements. The article critically evaluates legislative initiatives on possibility
of membership of the legal entities in the boards of directors
because this decreases professional level of the board and
personal liability of its members.
In general, the author concludes that corporate law in the period
of sanctions requires special attention. Keeping the achieved
level of corporate governance and its subsequent increase is
necessary not for foreign rankings but to secure economic
stability of the Russian economy and to increase effectiveness of
entrepreneur activity.
Keywords:
anti-sanctions measures, corporate governance, board of directors, restrictive measures, sanctions
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M.A. Revazov Problems of Legal Documents Translation and Adoption of Multilingual Acts Issues related to the drafting and application of legal documents
executed in several languages or requiring translation rarely come
into the field of legal science. Such issues are more often the subject
of research by specialists in the field of linguistics, although they
require comprehensive consideration in various aspects, including
from the point of view of jurisprudence. In particular, these are issues
of establishing the identity of the content of texts in several languages,
the legal status of translations, resolving conflicts between texts of
one document in different languages, problems of translation into another language or languages of special legal terminology (caused
by the presence or absence of concepts or institutions in different
legal systems). This article examines a number of problems related
to the organisation of official translations and the official status
of translated documents and suggests a solution to the problems
posed.
Keywords:
legal translation, language of legal documents, bilingual legislation, legal communication
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