Moscow Journal of International Law
type: channel
description: Peer-rewieved journal
publisher: Moscow State Institute of International Relations
language: ru-RU
publication name: Moscow Journal of International Law
issn: 0869-0049
copyright: Authors who publish with this journal agree to the following terms: Authors retain copyright and grant the Journal the right of first publication under a Creative Commons Attribution License that allows others to share the work with an obligatory acknowledgement of the work's authorship and initial publication in this journal. Authors retain the right to enter into separate additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
items: The International Covenants on Human Rights – 60 Years!
items: Protection of the Rights of Underage Users in Social Networks: is the Impossible Possible?
items: Attacks on Underwater Infrastructure: International Legal Aspects and the Problem of Responsibility
items: International Legal Regulation of Illegal Trafficking of Military Robots
items: Regarding Harmonization of the Approaches of Russia, China, The United States on the International Legal Regime on Space Resource Activities
items: Law-Making of the International Maritime Organization in the Field of the Protection of Human Life at Sea: Achievements and Shortcomings
items: Regionalism in International Economic System: a Challenge to International Law?
items: Protecting National Security in International Investment Arbitration and the World Trade Organization Dispute Settlement Body: Features, Similarities, and Differences of Legal Approaches
items: International Legal Cooperation of the BRICS Countries in the Field of Environmental Safety
items: Implementation of the Principle of Non-Discrimination in the Field of Biotechnology within the Framework of the Organization of American States
items: International Unification and harmonization of Private Law in the Field of Financial Markets
items: https://www.mjil.ru/jour/article/view/2989
items: Interaction of Transnational Regulation and Norms of International Law in Ensuring the Regimes of Maritime Carriage of Goods
items: Constitutional Reform and International Law in the Legal System of the Republic of Kazakhstan
items: Legal Nature of Alimony Obligation in Russian, German and Austrian Law

The International Covenants on Human Rights – 60 Years!
type: item
description: INTRODUCTION. The sixtieth anniversary of the adoption of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights brings renewed relevance to the question of their place within the universal system for the international protection of human rights. These treaties, which together with the Universal Declaration of Human Rights constitute the International Bill of Human Rights, retain their system-forming signiﬁcance for the development of international cooperation in the ﬁeld of human rights and for the determination of the international legal obligations of States in the promotion and protection of human rights. This article is devoted to certain aspects of the evolution of the universal human rights system following the adoption of the International Covenants, the impact of the 1993 Vienna Declaration and Programme of Action on the institutional architecture of the United Nations system, and contemporary trends relating to the activities of the human rights treaty bodies — the Committee on Economic, Social and Cultural Rights and the Human Rights Committee. The article also examines the issue of the relationship between the proclaimed indivisibility of all human rights and a practice in which instances of their institutional and procedural “division” occur. MATERIALS AND METHODS. The study employed general scientiﬁc and formal-logical methods, including methods of analysis, synthesis, comparison, analogy, systematization and modelling, as well as special methods: formal legal, historical and comparative legal methods. RESEARCH RESULTS. The study presents an analysis of the state of the International Covenants on Human Rights and their place in the universal human rights system as of 2026, considering the changes that have occurred within the UN system since 1993. The author provides a detailed overview of the outcomes of the 1993 World Conference on Human Rights in terms of their impact on the un…
creator: A. Kh. Abashidze
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Protection of the Rights of Underage Users in Social Networks: is the Impossible Possible?
type: item
description: INTRODUCTION. In 2026, one of the main trends in regulating the Internet as a whole can be attributed to attempts by various states to restrict access for underage users in order to protect them from destructive content, which, in fact, may cause even greater legal uncertainty and lead to the attempts of the underage users to gain access by bypassing blocking. The article analyzes both domestic and foreign terminological devices used in the relevant national and international legislation on this issue (for example, the terms “social networks”, “destructive content” (CSEA and CSAM), the rights of the child within the meaning of the 1989 UN Convention on the Rights of the Child), etc. The authors give examples of foreign legal approaches to protecting the rights of the most vulnerable category of users - children and adolescents, providing up-to-date statistical data and links to leading researchers on this issue. In conclusion, the authors propose to be guided by a ﬂexible approach to the protection of the rights of children and adolescents, not limited only to prohibitive measures. MATERIALS AND METHODS. The article provides up-to-date statistical data on attempts by some countries to restrict children’s access to social networks. At the same time, the legislation and legislative initiatives of such states as the USA, Australia, Great Britain, France and Brazil on the protection of the rights of children and adolescents from CSAM and CSEA are analyzed. Special attention is paid to the statistical data on the beginning of the use of social networks in childhood; about the dangers that a minor user may face on the Internet in general, on social networks and on gaming platforms. The study is based on the historical, comparative legal methods and the method of system analysis. RESEARCH RESULTS. As a result of the study, the authors identiﬁed three possible algorithms for solving the task of protecting the rights of minors in social networks.: 1) the legal method; 2) the…
creator: I. Yu. Shtodina
creator: D. D. Shtodina
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Attacks on Underwater Infrastructure: International Legal Aspects and the Problem of Responsibility
type: item
description: INTRODUCTION. Underwater infrastructure, which is represented by underwater cables and pipelines, plays a critical role in the global economy. Underwater cables ensure stable transmission of information between countries and continents, and pipelines ensure energy supplies. It is quite diﬃcult to control underwater infrastructure due to the fact that a signiﬁcant part of it is located underwater at great depths. In addition, underwater infrastructure passes through underwater territory that is a part of the state territory and also through territories that are characterized by mixed and international legal regimes. In addition to unintentional damage as a result of natural factors, in recent years, underwater infrastructure has been subject to some targeted attacks. Sabotage, cable breaks and loss of cables have been regularly occurring, which raises the question of how exactly an investigation of such incidents should be carried out, and whether it is possible to bring the guilty party to international responsibility. MATERIALS AND METHODS. This study was based on a comprehensive analysis of both academic literature examining various political, legal, and technical aspects related to underwater infrastructure, and international legal documents regulating the installation and maintenance of underwater cables and pipelines. The research methodology is based on general theoretical methods, speciﬁcally, formal logic, deduction and induction, analysis, and synthesis. In addition to all of the above, speciﬁc scientiﬁc methods such as historical and comparative legal approaches were also employed in preparing the article. RESEARCH RESULTS. The article analyzes the main stages of the development of international legal cooperation in protection of critical underwater infrastructure, as well as key legal aspects arising from the process of its installation and maintenance. In particular, the article covers the problem of organizing investigations aﬅer damage of underwater ca…
creator: K. L. Sazonova
creator: D. K. Bekyashev
date: 2026-07-29
publication date: 2026-07-29
volume: 0

International Legal Regulation of Illegal Trafficking of Military Robots
type: item
description: INTRODUCTION. This article provides a critical analysis of the international legal aspects of regulating illicit traﬃcking in military robots, which is a new and rapidly growing threat to global stability. The relevance of this research is driven by technological revolution in the military sphere, characterized by autonomous systems capable of identifying targets and using lethal force independently, coupled with a parallel formation of a global black market for their illegal distribution. The authors identify a deep crisis within the current framework of international law to address this challenge. Traditional approaches, including norms of international humanitarian law and the Convention on Certain Conventional Weapons, as well as multilateral export controls, demonstrate systemic weaknesses. Their main shortcomings are their fragmentation and their primary focus on states and conventional weapons. Their chronic failure to keep pace with the rate of technological advancement gives rise to a number of fundamental legal problems. These include the absence of universal legal deﬁnitions and classiﬁcation criteria for autonomous systems, regulatory gaps that allow non-state actors, such as terrorist groups and organized criminal networks, to gain access to critical components and ready-made platforms without consequences, and ultimately, a lack of clarity regarding attribution and enforcement of liability for damage caused by autonomous systems circulating in the black market. As a strategic response, the article argues for the urgent need to develop a new, comprehensive international legal approach that should include the elaboration and adoption of a multilateral treaty establishing clear prohibitions and harmonizing terminology, creating eﬀective control and veriﬁcation mechanisms. At the same time, a set of complementary measures are proposed, including strengthening national legislation, modernizing customs procedures and ﬁnancial oversight, fostering enhanced in…
creator: I. R. Begishev
creator: D. S. Kiiko
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Regarding Harmonization of the Approaches of Russia, China, The United States on the International Legal Regime on Space Resource Activities
type: item
description: INTRODUCTION. In view of global competition/ cooperation trends in Moon exploration the current stage of space activities development, provided an effective response to the system “new great challenges”, can become a period of not only inevitable objective changes, but also global opportunities for the progressive development of international space law in the interests of all states. One of the most illustrative examples in this context, partly due to its “structured nature” is the question of the legal regime governing space resource activities. The research is accordingly dedicated to: 1) Systemic analysis of contemporary trends in the competition/cooperation between the two alternative international lunar projects, the “Artemis” and the “International Lunar Research Station” (ILRS), in their legal dimension (as a factor of fundamental signiﬁcance in this regard); 2) Deﬁning possible and appropriate paths, forms, levels, and priority directions for harmonizing relevant approaches of China, Russia, the United States on the example of a future international legal regime for space resource activities. MATERIALS AND METHODS. The theoretical background of this research consists of works of Russian and foreign legal scholars, including leading experts in international space law (ISL); as well as, for matters of fact for the purposes of legal research, of experts in the ﬁeld of space economics, space science, and space technology. In addition to the ISL principles and rules) the analysis is based on a system of the following acts and documents: 1) the Artemis Accords and the Agreement on the International Lunar Research Station (the ILRS Agreement) as main elements; 2) the positions of China, Russia, and the USA within the relevant Working Group of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space as an additional element for understanding the respective approaches reﬂected in the indicated agreements; national legislation on space resources,…
creator: M. R. Yuzbashyan
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Law-Making of the International Maritime Organization in the Field of the Protection of Human Life at Sea: Achievements and Shortcomings
type: item
description: INTRODUCTION. Although States continue to play a major role in creating rules of international law, including norms on the protection of human life at sea, the mechanisms of international law-making in this special area have been evolving in recent decades. The International Maritime Organization (IMO) plays an increasingly important role in this process, acting not only based on its founding convention, but also in accordance with many other multilateral international treaties, the composition of the States parties to which is not the same. MATERIALS AND METHODS. The article examines the application of the rules of universal international treaties to the protection of human life at sea, primarily the Convention on the Intergovernmental Maritime Organization of 1948, the Convention on the Protection of Human Life at Sea of 1974, and the United Nations Convention on the Law of the Sea of 1982. The methodological basis of the research consists of general theoretical methods, including formal logical deduction and induction, analysis and synthesis, as well as special methods of cognition of jurisprudence, such as historical-legal and comparative-legal. RESEARCH RESULTS. The authors' analysis of the participation of Members-States of the International Maritime Organization in the development, implementation and amendment of international conventions applicable to the protection of human life at sea shows their objectively growing interest in the veriﬁed interpretation of international legal norms, their effective application in this area, and the creation of an increasingly advanced legal framework for sustainable maritime navigation, with steady increase in its volume, and, at the same time, a decrease in the number of disasters at sea. The activities of the International Maritime Organization have made a signiﬁcant contribution to the improvement of such legal framework at the universal level, which is more in line with the best available scientiﬁc and technical achie…
creator: V. V. Klyuev
creator: V. V. Vylegzhanina
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Regionalism in International Economic System: a Challenge to International Law?
type: item
description: INTRODUCTION. The trend to further growth in number of regional organizations in trade and economic area gave rise to the dispute on the eﬀect of this process either on the world economic system, or the eﬀect of International Law (general principles and universal treaties) on regional legal orders, and relations between regional organizations and third states. Regionalism is described as a natural process, providing for achievement the goals inaccessible in plurilateral cooperation. The article focuses on the application of general principles of International Law and provisions of universal treaties, including WTO Agreements, to the relations between members and outer relations of regional organizations. From this point of view the universal foundations for regional cooperation, reinforced in the UN Charter, constituent agreements and other legal acts of most developed regional institutions of diﬀerent forms and degree or integrity are under discussion. Special attention is paid to regional hybrid organizations (for political and economic cooperation) and to the regulation of interregional (interintegration’s) relations, which points out to an emerging trend in the context of regionalism. MATERIALS AND METHODS. The basic scientific materials for this article were publications of Russian and foreign scholars in the ﬁeld of economic and integration law. International treaties and other international acts form the legal basis of the investigation. Methodological foundation includes general scientiﬁc methods, such as analysis, synthesis, induction and deduction; and special methods: formal-legal, technical-legal, legal analogy, comparative legal method. RESEACH RESULTS. As follows from UN Charter, constitutive and other acts of regional organizations of economic integration, the creation of these entities is based on the general principles of International Law. Regional acts contain references to universal rules of International Law to be applied to the relations betwee…
creator: N. E. Tyurina
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Protecting National Security in International Investment Arbitration and the World Trade Organization Dispute Settlement Body: Features, Similarities, and Differences of Legal Approaches
type: item
description: INTRODUCTION. The protection of national security, as an expression of sovereignty, is acquiring growing signiﬁcance in the ﬁeld of international investment law. This is attributable to the fact that host States are increasingly invoking national security considerations both to justify the application of the police powers doctrine and to rely on the corresponding treaty-based national security exceptions. In doing so, they seek to exclude or minimise their international legal responsibility. This trend is particularly pronounced in investment disputes, where investors contend that restrictive measures ("sanctions") adopted against them violate the investment protection standards set forth in the investment agreement concluded between the State imposing the "sanctions" and the investor's home State. Furthermore, the issue of national security protection has an interdisciplinary character and is not conﬁned to international investment law. Questions concerning the limits of State discretion when introducing restrictive measures, the content of the good faith requirement, and the reasonableness of invoking the national security exception have been progressively developed in the practice of the World Trade Organization (WTO) over the past seven years. Within this framework, a distinct approach to assessing measures justiﬁed by the need to protect national security has emerged. MATERIALS AND METHODS. The aim of this study is to conduct a comparative analysis of the instruments for protecting national security interests in international investment arbitration and the WTO Dispute Settlement Body (WTO DSB). As the criteria for such analysis, the author has selected the following: the degree of State discretion in deﬁning national security interests; the threshold of threat required for a lawful invocation of the instrument; the possibility of recourse to customary international law in its interpretation; and the requisite degree of connection between the contested measure a…
creator: D. A. Zavershinskaia
date: 2026-07-29
publication date: 2026-07-29
volume: 0

International Legal Cooperation of the BRICS Countries in the Field of Environmental Safety
type: item
description: INTRODUCTION. In the current context of human evolution, ensuring environmental sustainability is acquiring strategic importance at both the interstate and national levels of regulation. The Action Plan for Achieving the Sustainable Development Goals by 2030, adopted in 2015, emphasizes the unity of approaches of various countries to the development of an eﬀective mechanism for environmental protection. At the same time, alarming trends in the increasing scale of pollution persist: the spread of arid zones, accelerated desertiﬁcation, declining quality of freshwater sources, increasing ocean acidity, warming of water masses, depletion of natural resource potential, and loss of biodiversity are becoming global problems. The Final Act of the Conference on Security and Cooperation in Europe of 1975, which signiﬁcantly enriched the experience of state interaction in the ﬁeld of global environmental security, emphasized that solutions to planetary-scale problems can only be achieved through concerted international eﬀorts aimed at implementing the goals enshrined in the Charter of the United Nations. The article presents an in-depth scientiﬁc analysis of evolutionary processes within the framework of international legal regulation of interaction between the BRICS countries, aimed at strengthening environmental cooperation and achieving environmental safety of natural objects, due to the need for an integrated approach to solving global environmental problems caused by accelerated economic growth and urbanization, the intensity of industrial production and the increase in anthropogenic pressure on the environment. MATERIALS AND METHODS. The scientiﬁc methodology is based on a comprehensive approach, involving a multifaceted study of the issues under consideration and the development of optimal solutions. To achieve these goals, a system of analytical tools is used, with particular emphasis on the following research methods: systematic comparison of initiatives and activiti…
creator: K. B. Valiullina
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Implementation of the Principle of Non-Discrimination in the Field of Biotechnology within the Framework of the Organization of American States
type: item
description: INTRODUCTION. This article examines the pressing issue of discrimination in biotechnology, which is a global concern and has prompted the adoption of specialized legislation at the national level (particularly in the United States, the Republic of Korea, Canada, the United Kingdom, and Australia). It analyzes various manifestations of genetic discrimination, including denial of employment or changes to insurance coverage based on genetic predisposition to disease, as well as ethical and legal issues related to assisted reproductive technologies and termination of pregnancy for genetic reasons. Particular attention is paid to the development of the principle of nondiscrimination not only in national legislation but also in international law, including the law of international integration associations. In this context, the role of the Organization of American States (OAS)— a regional international organization for which discrimination is a pressing issue—is examined. The article analyzes key OAS documents aﬀecting the implementation of the principle of non-discrimination in biotechnology and explores the role of the practice of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights in regulating this area. MATERIALS AND METHODS. The methodological basis of the study was traditional general scientiﬁc and specialized methods for understanding legal phenomena: the comparative legal method; the method of scientiﬁc analysis; the formal legal method; and the method of synthesizing socio-legal phenomena. RESEARECH RESULTS. The legal foundations for combating discrimination within the OAS are formed both within the framework of general international treaties (in particular, the American Convention on Human Rights of 1969) and within the framework of specialized international treaties devoted to the implementation of the principle of non-discrimination against certain categories of persons and on certain grounds (gender, health status, race,…
creator: D. V. Ponomareva
date: 2026-07-29
publication date: 2026-07-29
volume: 0

International Unification and harmonization of Private Law in the Field of Financial Markets
type: item
description: INTRODUCTION. Concepts such as “harmonization” and “uniﬁcation” are currently widely used in the legal ﬁeld as methods for harmonizing legal regulation. Unlike domestic harmonization and uniﬁcation, international legal convergence aims to eliminate contradictions in the laws of diﬀerent states. The implementation of transnational harmonization and uniﬁcation projects has been greatly facilitated by the activities of international organizations in the ﬁeld of private law, including the International Institute for the Uniﬁcation of Private Law (UNIDROIT), the Hague Conference on Private International Law (HCCH), and the United Nations Commission on International Trade Law (UNCITRAL). The eﬀorts of these highly respected organizations, which can be loosely referred to as the "Big Three" in the world of private law, have contributed to the convergence of legal regulation globally and have been quite successful in some areas. Bilateral international treaties, as well as regional uniﬁcation and harmonization, should not be overlooked. The process of convergence of legal regulation has encompassed such areas as the international sale and purchase of goods, family law, the protection of foreign investments, the international carriage of goods, international civil litigation, international commercial arbitration, and cross-border bankruptcy. Uniﬁcation and harmonization processes have also aﬀected international ﬁnancial instrument markets, which, in the understanding of Russian law, are represented by the market for issued securities, such as stocks and bonds, and the market for derivative ﬁnancial instruments. In the latter case, it is permissible to speak of a signiﬁcant variety of contractual structures, such as options, swaps, futures, forwards, and their analogues. This publication proposes to study the process of convergence of law in the ﬁeld of ﬁnancial markets in relation to the substantive and conﬂict of laws regulation of the issue and circulation of ﬁnancial inst…
creator: A. P. Klementiev
date: 2026-07-29
publication date: 2026-07-29
volume: 0

https://www.mjil.ru/jour/article/view/2989
type: item
title: Crisis of International Dispute Resolution Mechanisms in the Context of “Lawfare”: Rendering an Arbitral Decision Null and Void as a Consequence of Arbitrator Bias and Breach of Rules of Procedure Regulating Appointment of Arbitrators, by Example of the “Kerch Incident” Inter-State Arbitration between the Russian Federation and Ukraine
description: INTRODUCTION. The system of international justice faces a new challenge. In the struggle for international legitimacy States are increasingly turning to international dispute settlement bodies as an instrument of foreign policy. In a few cases it takes the form of “lawfare” – the abuse of international dispute settlement mechanisms for political purposes. MATERIALS AND METHODS. The article highlights maintaining the independence and impartiality of international justice bodies – international courts, arbitrations, and quasi-judicial bodies – are of particular importance. Consideration of a dispute by an independent and impartial panel of judges (arbitrators) is one of the key conditions for the State’s consent to such consideration, which in turn is an indispensable requirement for the initial emergence of the authority to consider this dispute. The legitimacy of the court or arbitration tribunal itself, as well as the validity of its decisions directly depends on the fulﬁllment of this condition. RESEARCH RESULTS. Author's research spots the existence, content and observance of the principle of independence and impartiality of arbitrators, the execution of relative rules of procedure and the grounds for invalidating an arbitration award using the example of interstate ad hoc arbitration established on the basis of Annex VII to the 1982 UN Convention on the Law of the Sea to resolve a dispute between the Russian Federation and Ukraine related to the so-called “Kerch incident”. DISCUSSION AND CONCLUSIONS. Through examination of the relevant legal doctrines and analysis of the case materials, several speciﬁc problems of the procedure for the appointment of arbitrators have been identiﬁed, having both local signiﬁ-cance for Annex VII arbitrations and broader, global signiﬁcance for the situation in international justice. Options for overcoming these problems are proposed to prevent the politicization of international arbitrations, maintain their impartiality and equidi…
creator: K. A. Kosorukov
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Interaction of Transnational Regulation and Norms of International Law in Ensuring the Regimes of Maritime Carriage of Goods
type: item
description: INTRODUCTION. This article explores the interaction between international legal regimes for maritime transport and the transnational regulation established by private operators. It demonstrates that the norms of international treaties form the foundational framework for order in the maritime transport market, while day-to-day commercial practice is governed by other normative blocks, predominantly transnational rules created by Western corporations, oﬅen operating in monopolistic or oligopolistic market structures. This is particularly evident in the spheres of chartering and insurance. Consequently, the global maritime transport market and its order are structured on at least two levels of governance: international legal regulation and transnational regulation. The "lower" level is more volatile and politicized; it can either reinforce the overall transport order or weaken, and even substantially disrupt, it. Political norms and national legislation also exert their own inﬂuence on order within the transport sector. MATERIALS AND METHODS. The study is built on a combination of formal-legal and systemic methods, which allow for the analysis of the norms of the 1982 UN Convention on the Law of the Sea and IMO instruments (SOLAS, MARPOL, the ISM Code, and the IMDG Code) not in isolation, but in their functional unity. Additionally, the comparative legal method was applied (to compare approaches to regulating chartering and insurance) along with the legal modeling method (for analyzing the formation of "mixed regimes" of transit). Special attention is given to the case-study method, which, using the examples of the Strait of Hormuz and anti-Russian sanctions, made it possible to identify the mechanisms of transformation of transnational regulation under the inﬂuence of political factors. RESEARCH RESULTS. Illustratively, the anti-Russian sanctions imposed by Western states and the conduct of corporations under their control in the sphere of maritime cargo transport dem…
creator: I. A. Pinchuk
creator: V. M. Shumilov
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Constitutional Reform and International Law in the Legal System of the Republic of Kazakhstan
type: item
description: INTRODUCTION. The subject of the study is the constitutional model of interaction between international and national law in the Republic of Kazakhstan, which underwent changes because of the adoption of the new version of the Constitution in the referendum of March 15, 2026. Relevance is determined by the need for theoretical reﬂection on the abandonment of the previously enshrined priority of ratiﬁed international treaties over laws and the transition to a model where international obligations remain part of the current law, but their application is mediated by legislation and subordinated to the supremacy of the Constitution. MATERIALS AND METHODS. The materials include the texts of the Constitution of the Republic of Kazakhstan in the 1995 and 2026 versions, normative resolutions of the Constitutional Court and the Supreme Court, sectoral legislation (criminal, criminal procedure), universal and regional international treaties to which Kazakhstan is a party, and doctrinal sources. The methodological basis comprises the formal-legal method (analysis of normative texts), the comparative-legal method (comparison of doctrinal concepts of monism, dualism, coordination), and the method of doctrinal interpretation and analysis of judicial practice. RESEARCH RESULTS. The content of the article reveals the evolution of Kazakhstan’s constitutional model: from the priority of ratiﬁed international treaties over laws enshrined in the previous version, to a new construction in which international treaty obligations remain part of the current law, but their domestic eﬀect is to a greater extent mediated by legislation and subordinated to the supremacy of the Constitution. It is established that the new Constitution (Article 5) includes international treaty obligations in the current law, while at the same time afﬁrming the supremacy of the Constitution and stipulating that the procedure for applying international treaties is determined by law. Ratiﬁed treaties retain priority …
creator: A. A. Danelyan
creator: K. V. Kantserov
date: 2026-07-29
publication date: 2026-07-29
volume: 0

Legal Nature of Alimony Obligation in Russian, German and Austrian Law
type: item
description: INTRODUCTION. The question of the legal nature of alimony obligations has traditionally been a subject of discussion in both Russian and foreign science. The debate concerns both the law branch aﬃliation of this institution and its place in the system of civil legal relations. This article presents a comparative legal analysis of existing theories of the legal nature of alimony obligations in Russian, German, and Austrian law and attempts to determine the position of the institution in the system of civil legal relations in the legal systems thereof. MATERIALS AND METHODS. The article provides an analysis of the approaches developed in Russian, German, and Austrian doctrine on the matter. The subject of the analysis is Ph.D and doctoral theses, articles, monographs and case law. The article uses both general scientiﬁc (synthesis, analysis, induction, deduction) and speciﬁc scientiﬁc research methods (formal-legal, comparative-legal). RESEARCH RESULTS. In accordance with the conducted analysis, there is no scientiﬁc consensus reached on the matter of legal nature of alimony obligations in Russian and German law. The concept of the mixed legal nature of alimony obligations is currently the most popular in Russian and German academia. In Austrian law there is a relative scientiﬁc consensus. DISCUSSION AND CONCLUSIONS. The relative scientiﬁc consensus in Austrian doctrine is reﬂected in the prevailing understanding of alimony as a civil law obligation. Within the framework of this concept of the legal nature of alimony obligations, Austrian researchers put forward additional hypotheses, such as the existence of synallagma in alimony legal relations. The article also substantiates the conclusion that in Russian and German law, alimony obligation is a strictly targeted relationship established by law, while in Austrian law, this institution is a civil law obligation. In addition, the results of the study suggest that in all the jurisdictions, alimony claims are claims of …
creator: M. Yu. Zelentsova
date: 2026-07-29
publication date: 2026-07-29
volume: 0