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Январь 2023



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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