This article examines the issue of constitutional provision for the sovereignty of states in the post-Soviet space, using the Republic of Tajikistan as a case study. Despite the centuries-long history, development, and transformation of the concept of sovereignty, it still requires reflection and specification, and in the context of globalization, also protection and implementation.

After laying out a conventional account of the formalism vs. realism debates, this Article argues that formalism and realism are at once impossible and entrenched. To say they are impossible is to say that they are not as represented — that they cannot deliver their promised goods. To say that they are entrenched is to say that these forms of thought are sedimented as thought and practice throughout law’s empire. We live thus amidst the ruins of formalism and realism. The disputes between these two great determinations of American law continue today, but usually in more localized or circumscribed forms. We see versions of the disputes, for instance, in the stylized disagreements over the desired form of judicial doctrines (rules vs. standards); or the best rendition of key political values like equality (formal vs. substantive); or the proper mode of judicial interpretation (textual vs. purposive). Here too, the arguments that comprise the localized variants of the dispute remain inconclusive. The Article concludes by mapping “the logics of collapse” — specifically, some critical moves that undermine the rhetorical and intellectual force of the formalism vs. realism disputes and their localized variants. The aims here are several. First, the ability to deploy the critical moves helps with analysis. The critical moves help show how the arguments are constructed in the first place and how they are rhetorically and intellectually compromised. Second, and relatedly, the critical moves allow us to avoid being taken in by the formalism vs. realism arguments and their localized variants. Third, the aim is to show how our formalist and realist argumentation has already been surpassed by a legal “logic” that undermines the cogency of that argumentation.

The subject of the study is doctrinal research and legislative norms that form and consolidate the definition of land management in the period from 1917 to the present. The basis for the study is the low legislative technique of the draft law “On Land Management” being developed today, the lack of re-evaluation of the definition of land management. Since the legal regulation of the institute of land management cannot be effective without a basic concept, it is advisable, using the historical method, to analyze the existing definitions of land management, to determine its stable elements that could be applied when developing a new draft law.

The article is devoted to the problems of implementing the right to judicial protection of the labor rights of athletes and coaches. It was right under international and Russian law and one of the most important elements of a person’s legal status. At the same time, the realization of the right to judicial protection in sport has its own characteristics, because athletes and coaches actually cannot choose the legal authority, that will consider the case. In this research judicial practice is analyzed, in which considered the issue of the possible application of sanctions to an athlete for appealing to a state court. The study concludes that, despite the presence in sport of its own special system of dispute resolution bodies, the application of sanctions for the use of one of the fundamental constitutional and labor rights does not find a reasonable justification.

The article is devoted to the analysis of trends in the development of legal regulation of the obligation to pay taxes, caused by digital transformation. It has been proven that in the modern realities of digitalization of taxation in the field of legal regulation of the fulfillment of the obligation to pay taxes, three interrelated trends are being realized: firstly, a discrepancy has been established between the pace of development of tax legislation and the objectively existing system of information and digital technologies; secondly, there has been an increase in the volume of discretionary regulation of tax relations governing the process of fulfilling the obligation to pay tax; thirdly, there is an intensification of the use of tax-experimental regulation. Using the example of a tax on professional income, the digital ruble, benefits for organizations in the IT sector, an automated simplified taxation system, as well as a single tax payment, the features of the manifestation of trends in legal regulation and enforcement of provisions on the payment of taxes in the digital era are formulated.

The article discusses some elements in the Remote Electronic Voting system. Software used in Remote Electronic voting had significant impact on activities of traditional participants in the electoral process: voters and observers. A number of risks of interference with the electronic voting system have been identified.The author made an attempt to consider guarantees that ensure the secrecy of voting and prevent the distortion of the will of voters, which are implemented in the federal platform for Remote Electronic Voting. Moreover, additional guarantees have been identified that are not available in traditional forms of voting. One of them is the ability of the voter to check the account and invariability of his ballot in the system. It was concluded that there are technical solutions that ensure voting in accordance with the basic principles of elections. It is proposed to develop a mechanism for recounting ballots by election commissions when conducting Remote Electronic Voting.Due to the digital nature of electronic voting, the institution of observation requires additional protection mechanisms. It was concluded that electronic voting transformed the activities of the observer. The presence of a “digital trace” provides the observer with the ability to track changes in the blockchain system. The author proposed a new definition of “observer of Remote Electronic Voting”, because the definition of the observer set out in the legislation does not fully take into account the specifics of observation in Remote Electronic Voting. The new model of observation of electronic voting involves the adoption of relevant guarantees to achieve the goals of the observation.

The article examines the level of international copyright protection from the perspective of such aspects as the urgent nature of copyright protection and the possibility of applying the institution of compulsory license. To this end, the norms aimed at protecting copyright holders in the Russian Federation, the CIS, the European Union and other foreign countries, in particular, in the USA, are analyzed. The most important international conventions in the field of copyright and related rights protection are reflected. The legal basis of the activity of courts in cross-border copyright relations is shown. The actual problems of private international law on the improvement of substantive and conflictof- laws legal regulation in this area are identified. The analysis suggests that the establishment of common criteria for calculating the term of copyright protection in a single unified act is due to the need to combine private and public interests in using the results of intellectual activity and their exceptional importance for the globalization of the world economic and cultural space. Arguments about the possible introduction of compulsory licenses for copyrighted products of foreign companies, by analogy with those already provided for in Article 1362 of the Civil Code of the Russian Federation for objects of patent law, lead the authors to the conclusion that the mechanism of compulsory license should not take a permanent place in the regulation of intellectual property, since it will not significantly help in reducing economic risks and losses.

The active development of public relations, the formation of new areas requiring legislative regulation, leads to the adoption of a large number of normative legal acts. The work is carried out in a short time, the practice of “batch” acceptance of documents is widespread, which reduces the quality of regulatory legal acts. Along with this, the terminological apparatus is growing, which leads to contradictions between acts, gaps in legislation. Issues of legal technique require regulatory and methodological reinforcement. This actualizes the adoption of the Federal Law on Regulatory Acts in the Russian Federation, taking into account the study of the shortcomings that were made in previous bills.

This article proposes a precise defi nition of the concept of “business reputation”, presents various points of view of lawyers on business reputation. Business reputation is considered as a public assessment acquired in the course of professional, entrepreneurial or other socially signifi cant activities, and the qualities inherent in this activity, a general or widespread opinion about the business qualities, merits of an individual or legal entity. The following methods were used in the study: analysis, comparison, concretization, generalization, study of scientifi c and legal literature and legal acts.

The subject of this study is the institute of prosecution in domestic criminal proceedings. In the fi rst part of the article, the author explores the concept of accusation. Approaches are considered in which the accusation was identifi ed both with a criminal suit and with criminal prosecution. The second part of the presented work is devoted to the types of charges and the criteria for their differentiation. A summary analysis of the positions of modern, Soviet and pre-revolutionary researchers of law on this issue is given. Various types of charges are considered depending on the subject entitled to its implementation. Particular attention is paid to the so-called public prosecution, which was supported by citizens who were not endowed with this right ex offi cio. Based on the study, the author comes to the conclusion that the adversarial model of the criminal process is characterized by the presence of various types of charges, as well as various subjects entitled to its implementation. At the moment, in the Russian criminal process there is a so-called “prosecutor’s monopoly” on the prosecution, which is somewhat limited by the presence of a private prosecution. However, a small number of offenses classifi ed as private prosecution, as well as the number of criminal cases in this category considered by the courts, does not change the existing paradigm. Thus, the existing procedure does not fully correspond to the adversarial model of the criminal process.