Experts stress need for Russia to improve legislation and protect traditional values in the context of the new world order

In recent years, Russia’s legal system has faced significant challenges. In addition to external attempts at exerting negative influence, there are also imperfections in legislation. Given these circumstances, it is vital to strengthen the foundations of Russian law through supporting traditional values and systematizing legal stipulations. This was the conclusion reached at the plenary session of the St. Petersburg International Legal Forum. Among those to speak at the event, entitled Values of Law in the New World Order, were experts, legal professionals, and members of the academic community.

The Forum was organized by the Roscongress Foundation with the support of the Ministry of Justice of the Russian Federation.

KEY CONCLUSIONS

For any society, social values form the legal foundations of life

“Today it is important to discuss the preservation of fundamental values that any society should have, given the circumstances in which we live today and the changing political and economic landscape across the globe. Values of law exist. In different cultures and systems, the law can protect different values. But at the same time, we can talk about the value of the law itself. This is universal, and should be a firm and abiding social value for us,” Sergey Belov, Dean of the Faculty of Law, Head of the Department of Constitutional Law, St. Petersburg State University.

“For the generation of legal professionals emerging today, it is vital to focus on values. <...> When we talk about values... we are talking about the conditions that, among other things, define who we are as individuals in the society in which we live. <...> Values are essential for the application of the law... particularly when it comes to interpreting the law in borderline, contentious situations,” Vladislav Arkhipov, Director of the Center for Research on Information Security and Digital Transformation, Head of the Department of Theory and History of State and Law, St. Petersburg State University.

Today’s legal system is based on historical experience

“We lived in the era of the Union of Soviet Socialist Republics. At that time, many provisions of the Constitution [Constitution of the USSR – ed.] were obvious. <...> There was a great deal of value in the legal system, in the methods employed by the state and law-enforcement bodies. There was a clear and understandable Criminal Procedure Code [Criminal Procedure Code of the Russian Soviet Federative Socialist Republic – ed.]. It was obvious that only Soviet law operated in the territory of the Soviet Union, and no other. The socialist state of the Soviet Union had legal sovereignty,” Alexander Bastrykin, Chairman, Investigative Committee of the Russian Federation.

“We have spoken about the law as a key factor that should guarantee the process of transitioning to a multipolar world. We have discussed tools for national sovereignty within the new legal reality. Thanks to the work we have done together, we have managed to map the contours of these topics. The time has now come to forge fair international partnerships – including within BRICS – based on the values of law and their absolute authority. <...> Law within the state must develop in a way that takes all of today’s challenges into account,” Konstantin Chuychenko, Minister of Justice of the Russian Federation.

PROBLEMS

Foreign influence continues to threaten the foundations of society

 “There are articles [article 280.3 of the Criminal Code and article 20.3.3 of the Code of Administrative Offences of the Russian Federation – ed.] stipulating both criminal and administrative liability for public actions aimed at discrediting the use of the Armed Forces of the Russian Federation. This is so as to protect the interests of the Russian Federation and its citizens, to support international peace and security, to enable government bodies of the Russian Federation to perform their duties, and to assist voluntary formations, organizations, or individuals in fulfilling the tasks assigned to the Armed Forces of the Russian Federation. Unfortunately, there are sufficient reasons for this legislation, both in our country and abroad,” Alexander Bastrykin, Chairman, Investigative Committee of the Russian Federation.

Legislation in Russia is imperfect

“In 2019, President of the Russian Federation Vladimir Putin issued a directive to amend current legislation on the official language [instructions following the meeting on the Russian language on 05/11/2019 – ed.]. <...> It was mandated that we should use approved dictionaries of the official Russian language. <...> The federal law [No. 53-FZ dated 01/06/2005 – ed.] on the official language of the Russian Federation states that legal and administrative proceedings must be conducted... in the official language, which the Constitution of Russia specifies as Russian. But what does this mean? Do we have a dictionary of the official Russian language? We do not,” Nikolay Kropachev, Rector, St. Petersburg State University.

“There can sometimes be serious shortcomings in the law. <...> I was surprised to hear that there is even confusion surrounding the protection of rights of wounded soldiers. Some do not receive the payments they are due [a number of legal stipulations specify social and insurance payments for those involved in the special military operation, including those who have been wounded – ed.], while some do not receive the necessary documents,” Alexander Bastrykin, Chairman, Investigative Committee of the Russian Federation.

SOLUTIONS

Continuing to work on improving legislation, including in relation to protecting traditional values and the family

“The decree on traditional values [No. 809, ‘Approval of the Fundamentals of State Policy for Preserving and Strengthening Traditional Russian Spiritual and Moral Values’, dated 09/11/2022 – ed.] issued by President of the Russian Federation Vladimir Putin clearly sets out what kind of society we should live in, what kind of society we should protect, and what kind of society to build. <...> Work is under way to analyse Russian legislation in its entirety to ensure that it complies with this decree. The All-Russian State University of Justice is involved in this endeavour. <...> There is a directive from Deputy Prime Minister of the Russian Federation Dmitry Chernyshenko to the Rector of St. Petersburg State University to set up a consortium and work on this,” Nikolay Kropachev, Rector, St. Petersburg State University.

“The family is the most important thing in anyone’s life. The institution of the family must be preserved by all possible means,” Olga Alexandrova, Rector, All-Russian State University of Justice.

“We believe that when it comes to education and scientific work, it is crucial to know about the current situation and ongoing initiatives. <...> A key area is the systematization of legislation. This work helps guarantee the health of the entire legal system. We are continuing to systematize regional and municipal legal stipulations. There should be a record of current verified versions. This will enable us to bring the entire legal corpus up to a fundamentally higher level. <...> We are working to develop effective legal mechanisms that will help strengthen traditional Russian spiritual and moral values, and protect the statuses of motherhood, fatherhood, and childhood. This will serve as the key to our country’s security and sovereignty,” Konstantin Chuychenko, Minister of Justice of the Russian Federation.

Considering lifting the moratorium on the death penalty in Russia for particularly serious crimes

“Why don’t we lift the moratorium [on the death penalty – ed.], considering the growing number of serious crimes, and reintroduce the death penalty into our legislation? <...> One hundred and forty-five people died in the Crocus City Hall terrorist attack. During Soviet times, the death penalty could be imposed for the murder of two or three people under aggravating circumstances. In contrast, the maximum punishment facing these 15 defendants now is life imprisonment. What does that mean? Three meals a day, two-hour walks... medical examinations, including dental care,” Alexander Bastrykin, Chairman, Investigative Committee of the Russian Federation.

“Today, the moratorium [on the death penalty – ed.] is in place because there is a resolution of the Constitutional Court of the Russian Federation [resolution of the Constitutional Court No. 3-P, dated 02/02/1999 – ed.]. The Constitutional Court, through its chairman, states several times a year that there is a moratorium, and that it cannot be reviewed. However, as I see it, life experience has shown that this issue can come under review,” Nikolay Kropachev, Rector, St. Petersburg State University.

For more information, visit the Roscongress Foundation’s Information and Analytical System at roscongress.org/en

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