Objective: to define the basic principles of the new paradigm, put forward by the founders of marginalism (Gossen, Jevons, Menger, Walras), and its connection with the natural science paradigm; to study the marginalist revolution as a transition of economics from a moral (idealistic) worldview, based on anthropomorphism, teleologism and hierarchism, to a natural-scientific (naturalistic) worldview, based on empiricism and rationalism.

Methods: historical-genetic method, philosophical-dialectical method, natural-scientific method of interdisciplinary analysis.

Results: the article presents the main stages of the birth of natural-scientific ideas in the works by classical school authors and their further development. The author analyzes the emergence of the natural-scientific method in the cognition of natural phenomena in the 17th century and its further application in the cognition of economic phenomena in the works by classical school predecessors and marginalists. The revolutionary ideas of the marginalism founders are proved to continue the natural-scientific revolution in economics. The latter was based on empirical (sensory) cognition of the connection between the perception of the subjective value of goods and their observed natural properties (usefulness) and rarity. This received a rational mathematical expression in the form of the “law of marginal utility”. The author identified the main philosophical and methodological problems that prevent marginalists from developing scientific ideas in economics, related to the existing dichotomy in the cognition of material and spiritual phenomena, leading to difficulties in the scientific explanation of goods value. As an attempt to overcome these contradictions, economic phenomena began to be explained by a mathematical model of “rational” human behavior based on the general postulates of an “economic person’s” behavior or rules and institutions established by society.

Scientific novelty: it was shown that the subjective sensory perception of the goods value can be studied as objectively as the subjective sensations of the objects’ natural properties. The method of economic activity research proposed by marginalists allows giving natural scientific definitions of force and energy in economic processes. This makes them not just “convenient” metaphors, but also tools that help to penetrate into the essence of economic processes.

Practical significance: the provisions and conclusions of the article substantiate and expand the application of the natural science method in the analysis and modeling of economic processes.

The article is based on the report by D. G. Mudrik and V. N. Kovnir “The Unfinished Marginalist Revolution”, presented at the 5th Russian Economic Congress in Yekaterinburg on September 11–15, 2023 (pp. 59–62). http://www.econorus.org/pdf/Volume1_REC-2023.pdf

Objective: to analyze the current issues limiting the effectiveness of the traditional inflation targeting regime; to adjust the basic characteristics of this monetary regime which ensures price stability in order to increase the reliability of the central banks’ macroeconomic forecast.

Methods: the article uses empirical, statistical, logical, and comparative methods of economic analysis to study the specifics of the central banks’ inflation targeting regime in the context of stimulating fiscal policy.

Results: the article considers the basic characteristics of the traditional inflation targeting regime; identifies the disadvantages of the inflation targeting regime; and reviews the scientific literature on the inflation targeting regime functioning within the monetary and fiscal dominance. The main postulates of the fiscal theory of price regulation are identified. A number of recommendatory measures to adjust the current inflation targeting regime are proposed for the Bank of Russia.

Scientific novelty: the author showed that raising the key rate without changing the fiscal components in monetary policy cannot reduce inflation even in the short term. Rational expectations and monetary policy, analyzed in the framework of fiscal theory, do not reduce inflation without fiscal support. In countries with inflation targeting, high interest rates can increase risks of servicing public debt and lead to increased budget deficits. The government’s fiscal policy may create fiscal inflation that the central bank will be unable to control and regulate. Given the rapid growth of public debt and budget deficits in the leading countries, it is likely that fiscal inflation will become the main component of a sustained increase in global inflation in the future. If the sovereign debt is denominated in local currency, the borrowing country will be exposed to currency risk, which is transferred by international investors or Russia’s trading partners to debt obligations in Russian currency.

Practical significance: the main provisions and conclusions can be used: to regulate interest rate policy (real interest rates), create and accumulate “buffers” of primary surplus related to the costs of attracting and servicing public debt; to develop a mechanism for redistributing real payments differentiated by the maturity of public debt; under the growing fiscal imbalances, government debt can be reduced by increasing inflation and using primary surpluses; during 2022–2024, the monetary policy of the Bank of Russia operates within a fiscal dominance regime, as evidenced by the basic fiscal components missing from the macroeconomic forecast; the fiscal components (such as the size of the budget surplus linked to the yield of public sector bonds, the size of government debt and the amount of budget allocations allocated to the Bank of Russia’s Quarterly Forecast Model) should be included in the budget block of the Bank of Russia to repay the debt, which will make it possible to revise the expected inflation forecast, taking into account fiscal inflation.

Objective: to analyze the possibilities of overcoming the problems of the Russian economy related to sanctions through the introduction of a two-circuit national monetary and financial system using digital financial assets; to assess the effectiveness of such a system to stimulate economic growth, reduce inflation and ensure financial stability under the sanctions pressure.

Methods: the analysis uses methods of mathematical modeling of the Russian economy dynamics, taking into account the interaction of the financial and manufacturing sectors. A system of differential equations is used to describe the cash flows in the economy, as well as scenarios with different levels of investment and CFA issuance.

Results: mathematical modeling was used to analyze the prospects for Russia’s economic development under the Western sanctions policy. It showed that, although the emergency anti-sanctions measures taken by the Russian government since the beginning of the special military operation have proven effective, in the long term a significant change in monetary and financial policy is necessary, as the existing rules and methods of its implementation do not contribute to solving the problems that have arisen. The article uses mathematical modeling to study the effect of introducing a two-circuit monetary and financial system using digital financial assets. The calculations have shown that the use of a two-circuit system together with an active investment policy significantly increases the Russian economy efficiency (even under Western sanctions), saturating it with money for GDP growth and at the same time reducing the inflationary pressure of a growing money supply.

Scientific novelty: the authors propose a new financial system that combines digital assets and dual goods to ensure the economy sustainability under the sanctions. The authors also developed a mathematical model that makes it possible to assess the long-term consequences of the two-circuit national monetary and financial system and compare it with traditional financing methods.

Practical significance: the results of the analysis and mathematical modeling can be used in the implementation of the monetary and financial policy in the Russian Federation under the sanctions. The introduction of the two-circuit system will make it possible to target financial resources to the manufacturing sector, reduce inflation and ensure the ruble exchange rate stability.

Objective: to analyze China’s Digital Silk Road Initiative (DSR) as one of the key elements of the PRC’s strategy within the “One Belt, One Road” project; to identify and systematize the main directions of the DSR program and its impact on global digital transformation; to analyze the prospects for cooperation between Russia and China in relation to the economic and geopolitical goals of the Russian Federation.

Methods: general scientific methods of cognition were used, such as analysis, synthesis, inductive-deductive and structural-functional methods, systematic and comparative analyses.

Results: the main directions, tools and technologies of the Digital Silk Road Initiative were identified. The main political (geopolitical) approaches to DSR were identified and analyzed. The research assesses the geopolitical landscape of the Initiative implementation, taking into account the position of its technological competitors and partner countries. The author assesses the risks of debt dependence of countries and develops the DSR scenarios. The work reveals the DSR impact on the economic and geopolitical positioning of Russia in the global digital space.

Scientific novelty: the author proposes to consider DSR as one of the key directions for the digital multipolar world development, as a multidimensional project uniting the economic, technological and geopolitical goals of China. In addition, the paper uses the latest data on China’s investment activity in the Asia-Pacific region, Africa and South America, applies and comprehends modern economic and geopolitical theories for DSR analysis. Project development scenarios are proposed in the context of global technological competition.

Practical significance: the analysis of the main DSR directions and geography allows a systematic approach to building economic and geopolitical forecasts regarding the development of certain digital technologies and projects. It may help to develop recommendations on optimizing the cooperation strategy with China within the DSR and on creating mechanisms and tools for regulating digital initiatives (cybersecurity standards, digital arbitrations, etc.). It provides important information for evaluating the possibilities of cooperation between Russian and Chinese corporations within the DSR project.

Objective: to analyze the structural transformation of the Russian forestry industry from the collapse of the USSR to the modern period, taking into account the effects of economic sanctions imposed starting from 2022, in order to identify key challenges and form strategic directions for its further development.

Methods: monographic, historical, statistical, graphic, and comparative.

Results: despite the deep transformational crisis of the Russian economy following the collapse of the USSR, over the years the Russian forest industry has managed not only to maintain but also to strengthen its position in the global market of forest products, expand exports and increase the supply of timber and consumer goods to the inner market. Even under the heavy blow of the European sanctions of 2022-2023 the industry is running well, although not without losses, especially in those types of products that had been exclusively export-oriented. However, the industry is still not using its full potential, especially under the new sanctions, which reduced exports to Europe and increased dependence on the Chinese market. The author notes that development of wood processing and forest resource management requires long-term investments. The author argues that the potential of using wood raw materials in the country could allow it to take a leading position in the world in the production of many types of forest products.

Scientific novelty: the paper is the first to compare the current production structure and the role of the Russian timber industry in the global market with the industry’s peak in the Soviet years. It is also the first time that the impact of the 2022–2023 sanctions on the industry is being considered in detail, which has not previously been the subject of in-depth study.

Practical significance: the results can be used to develop research on the economics of the Russian forest industry and to determine the strategic directions of its development. The proposed recommendations on investments in processing and management of forest resources can help to increase the industry competitiveness in the global market.

Objective: to identify the influence of conceptual scientific ideas of S. S. Alekseev on the development of the labor law doctrine.

Methods: dialectical method of cognition, as well as a set of general scientific (system analysis, synthesis, classification, generalization, induction, deduction) and specific-legal (formal-legal, comparative-legal) methods.

Results: the genesis of S. S. Alekseev’s views on the system and structure of law, their perception and consideration in the system of labor law was investigated. The author shows three conceptual approaches to building the labor law system and substantiates the division of the special part of labor law into three sub-branches: individual, collective and procedural labor law. S. S. Alekseev’s views on the principles of law are analyzed, including their classification into basic, inter-sectoral, and sectoral principles of law and principles of legal institutions.

Scientific novelty: the analysis of the influence and perception of S. S. Alekseev’s ideas at the sectoral level (primarily in the science of labor law) has not been the topic of scientific research so far. The work shows the significance of the ideas of natural law and their perception in positive law, including labor law, as well as the embodiment of S. S. Alekseev's ideas on human-centrism and humanism in the national labor law. The author substantiates the conclusion about the influence of S. S. Alekseev’s views on the formulation of labor law, enshrined in the Constitution of the Russian Federation and the Labor Code of the Russian Federation, including freedom of labor, social justice and some other guiding legal principles of this sector.

Practical significance: is expressed in the fact that the ideas about the labor law system can be used in the subsequent systematization, including in the new codification of labor legislation. The ideas about the labor law principles can be applied for the improvement of Article 2 of the Labor Code of the Russian Federation and be taken into account by courts and other law enforcement agencies in overcoming gaps in law and resolving legal conflicts and other defects in law.

Objective: to develop scientifically sound proposals for determining the taxonomic coordinates of anti-corruption expertise among other types of expertise.

Methods: the general scientific method of dialectical cognition, as well as a number of specific scientific methods, such as system-structural, comparative-legal, formal-logical (deduction, induction, definition and division of concepts), statistical, etc.

Results: based on the analysis of approaches proposed in the scientific literature to understanding anti-corruption expertise and its relationship to other taxonomic units (legal, judicial and criminological expertise), the author concludes that this institution is complex and represents an independent phenomenon that is not identical to any of the above types of expertise. According to the author, the regulatory framework defined in a special federal law actually restricts scholars in studying the anti-corruption expertise development prospects as an element of the Russian anti-corruption system, and practitioners – in its effective application with a view of identifying and eliminating corruption-causing factors. In order to overcome the current scientific stagnation, it is necessary to rethink the essence and nature of anti-corruption expertise on a new methodological basis and take into account current taxonomic coordinates.

Scientific novelty: the idea is substantiated that the current model of anti-corruption expertise of normative legal acts and their drafts needs to be transformed in order to move to a qualitatively new level. It allows assessing for the presence of corruption-causing factors not only the regulatory impact of legal norms, but also any transformative activity of social management subjects. In this regard, it is proposed to consider the institute of anti-corruption expertise as a promising object of cognition within the structure of the anti-corruption security theory.

Practical significance: the presented results of studying the taxonomic coordinates of anti-corruption expertise can be used for a qualitative transformation of the theory and practice of expert activity, as well as in determining the main directions for improving the effectiveness of this institution while preparing a new National anti-corruption plan for the near future.

Objective: to study the issue of the optimal scale of judicial discretion in Russian criminal legislation and to develop scientifically grounded proposals for improving legal regulation in this area.

Methods: dialectical materialism, which involves combining a dialectical approach to cognition of the surrounding world with its materialistic understanding, and general scientific (system-structural and formal-logical, inductive and deductive, analysis and synthesis) and special (formal-legal, comparative-legal) methods of cognition based on it.

Results: the problem of the limits of judicial discretion in criminal law stems from the legislator’s attempt to regulate the broad and diverse public relations by legal norms. Given the emerging law enforcement practice, the doctrinal view on the need to “narrow” the limits of criminality under Part 2 of Article 105 of the Russian Criminal Code is considered debatable. Experts point out that there are no negative consequences of the expanded (since 2015) imposition of a suspended sentence for deliberate serious harm to health, committed with aggravating circumstances. The author opposes the arguments of those who consider Part 6 of Article 15 of the Russian Criminal Code to be a violation of the principles of separation of powers, justice, legality, as well as the norm to be corruption-causing. The proposal is to expand the exemption from criminal liability under Articles 761, 762, 90 of the Russian Criminal Code after decreasing the crime category.

Scientific novelty: the article substantiates the author’s opinion on the differentiation of discretion existing in criminal legislation by nature (legal consequences). As a result, the author argues that the court must have a discretion to change the crime category, and attempts to resolve problems related to the implementation of Part 6 of Article 15 of the Russian Criminal Code.

Practical significance: the formulated conclusions can be used in legislative and law enforcement practice in terms of optimizing judicial discretion, taking into account the goals and objectives of criminal law policy.

The article was first published in English language by Fordham Law Review. For more information, please contact tmelnick@law.fordham.edu

For original publication: Bobek, H. (2023). To mint or not to mint: non-fungible tokens and the right of publicity. Fordham Law Review, 92(2), 639.

Publication URL: https://ir.lawnet.fordham.edu/flr/vol92/iss2/12

Objective: to study the legal regulation of NFT technology under the US legislation and to develop proposals to minimize offenses involving its use, including those related to violations of the right to publicity.

Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods formal-logical and sociological.

Results: NFT technology creates new challenges in the field of protecting the right to publicity. Using NFT to violate the right to publicity creates serious difficulties for copyright holders seeking compensation for the damage caused. The difficulty of protecting the right to publicity in this market is due to the unique democratic nature of the token, the widespread anonymity of NFTs and the irreversibility of transactions with them, as well as the uncertainty of contractual terms with respect to secondary buyers.

Scientific novelty: based on the analysis of judicial practice, the article examines the issues of violation of the right to publicity arising in connection with the NFT and possible approaches to this problem. Legal scholars and commentators argue that certain features of NFTs pose pronounced threats to the right of publicity, namely the technology’s novelty, democratized nature, anonymization of creators, transferability across platforms, and immutability. To combat these threats, the author proposes that rights owners should enter into right of publicity license agreements; that NFT platforms should strengthen their terms of service and develop higher barriers of entry for users; and, finally, that courts should order that infringing NFTs be “burned”.

Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the legal regulation of NFT technology.

The article was first published in English language by Fordham Law Review. For more information, please contact tmelnick@law.fordham.edu

For original publication: Hurzeler, M. (2023). The Federal rules of emojis: a proposed framework for handling emoji evidence in trial contexts. Fordham Law Review, 92(1), 223–254.

Publication URL: https://ir.lawnet.fordham.edu/flr/vol92/iss1/6

Objective: to consider emojis as a new form of evidence and to elaborate scientifically grounded proposals for their legal qualification in the USA.

Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods formal-logical and sociological.

Results: Emojis are 3,633 ubiquitous symbols-as-communication used by 92 percent of internet users. These tiny yet influential pieces of evidence hold the power to complete, enhance, mitigate, and flip the meaning of surrounding text. Consequently, court references to emojis have grown exponentially in the last five years. As emojis have become a cornerstone of digital discourse, courts have increasingly encountered the significant impact of emojis on parties’ legal claims. A guide for handling of emoji evidence under the Federal Rules of Evidence (FRE), therefore, is important to afford proper treatment to this relatively new evidentiary form.

Scientific novelty: The article considers the issues of classification of emojis as a widely used means of communication according to FRE. After analyzing expert testimony and the presentation of emoji evidence through the lenses of FRE 702, 701, 803(5), and 403, the author argues that relevant emoji evidence should always be shown—not just read—to jurors on party request. Additionally, the article argues that emojis cannot reasonably be ignored and that senders and recipients should always retain the opportunity to testify about their intended and understood emoji meanings. Finally, the recommendation is for the courts to generally exclude third-party testimony on emojis’ meanings.

Practical significance: the key provisions and conclusions of the article can be used in the scientific, educational and law-enforcement activity when viewing the issues of emojis qualification.

Objective: to summarize neuroscientific knowledge and experience about neurotechnologies and the neuropsychological, legal, ethical and social consequences of their use; to indicate possible prerequisites for a critical discussion of the legal regulation issues.

Methods: general scientific, abstract-logical, dialectical, phenomenological methods, observation, description, comparative analysis.

Results: a comparative analysis shows that the use of new neurotechnologies lacks clarity and transparency. Moreover, they are studied only superficially and are used without clear documentation for the end user. This is evident, for example, from the recent ruling of the Constitutional Court of Chile. At the same time, excessive and unreasonable efforts are sometimes made to introduce new regulations to create “new rights”. This is often the result of insufficient knowledge of the legislator, as well as excessive activity in regulation. It is worth noting that modern society is passionate about the prospects offered by neurotechnology. Success stories, actively broadcast for commercial purposes, create inflated expectations among the population, giving rise to so-called neuro-charm and contributing to the spread of “neuromythes”. This trend is compounded by a lack of knowledge about the failures and limitations associated with the development of neurotechnology, which creates a distorted view of the real situation. Overcoming these phenomena requires active educational efforts in conjunction with legal regulation mechanisms, in particular, legislation on consumer protection, product safety standards, and antimonopoly legislation.

Scientific novelty: studies of the legal regulation of neurotechnology, as well as studies of neural rights from the perspective of law, ethics and sociology are extremely rare. The article has scientific value as a debatable foundation for future research.

Practical significance: based on the correct definition and application of neurotechnologies and the latest neuro neuroscientific approaches, as well as on the analysis of recent debates about the need to regulate and introduce “new rights”, we conclude that neural rights are already clearly defined. However, their practical application requires the development and strict observance of reliable protection measures in the field of new technologies.