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Great lawyers of Russia: Sergey Sergeevich Alekseev. Famous Soviet and Russian lawyer Sergei Alekseev Alekseev dies

Moscow State Law Academy, Moscow State Industrial University

Biography

  • in 1995 he worked as an assistant lawyer Genrikh Pavlovich Padva at the Moscow City Bar Association.
  • from 1996 to 1999 he worked as a lawyer at the Joint Stock Moscow Society "Plant named after I. A. Likhachev".
  • from 1999 to 2003 worked as deputy director Legal Department Information agency "INTERFAX".
  • from 2003 to 2006 he worked as the head of the Legal Department at IBS Group.
  • From 2006 to 2008, he worked as the Director of the Legal Department of the Energy Consulting Group of Companies.
  • from 2008 to 2019 worked as a professor at the Moscow State Law University named after O.E. Kutafina (Moscow State Law Academy).
  • since 2019 - Deputy Chairman of the International Union of Lawyers (International Union of Public Associations of Lawyers - the legal successor of the Union of Lawyers of the USSR).

Public and scientific-public activities

Alekseev S.V. - Chairman of the Sports Law Commission of the Association of Lawyers of Russia, President of the National Association of Sports Lawyers of Russia, Deputy Chairman of the International Union of Lawyers (International Union of Public Associations of Lawyers - the successor of the Union of Lawyers of the USSR), Vice President of the All-Russian Physical Culture and Sports Public Organization "Federation of Functional All-Around", vice-president of the All-Russian public organization "Student Boxing Federation of Russia", vice-rector for external relations of the Academic International Institute, scientific director of the Autonomous non-profit organization"Academy of Sports Law" at the Russian Olympic Committee and the Russian State University of Physical Culture, Sports, Youth and Tourism, member of the Public Council of the Ministry of Sports Russian Federation, Chairman of the Commission on Sports Law of the Public Council of the Ministry of Sports of the Russian Federation, member of the Executive Committee of the Coordination Council of the International Union of Lawyers, member of the Presidium of the National Human Rights Union “Man and Law”, member of the Board of the Interregional Physical Culture and Sports Public Organization “Community of Weightlifting and Functional All-around“ Iron League ", Member of the Political Council of the National Agency for Social Communications under the Agency for Strategic Initiatives, member of the Executive Committee of the All-Russian Public Movement" Ski Trails of Russia ", Chairman of the Board of Trustees of the Municipal Educational Institution of Continuing Education for Children" Complex Children and Youth Sports School of the City of Fryazino ", member of the Board of Trustees of the Autonomous Non-Commercial Organization additional education "Children and youth sports school" START ", head of legal issues International Academy of Sports Irina Viner, member Expert Council Of the Committee The State Duma on physical culture, sports and youth affairs, member of the Expert Council on physical culture and sports of the Committee on Social Policy of the Federation Council Federal Assembly Of the Russian Federation, member of the Scientific and Methodological Council for Physical Culture of the Ministry of Education and Science of the Russian Federation, head of the sports law development group of the Commission on Sports Policy of the Social Platform of the United Russia Party, head of the Sports and Legal Lodge of the Moscow Club of Lawyers, member of the Scientific Advisory Council under Public Chamber of the Russian Federation, expert of the Commission on Physical Culture and Popularization healthy way life of the Public Chamber of the Russian Federation, member The Working Group Of the Public Chamber of the Russian Federation for the Protection of the Rights of Russian Athletes and Counteraction to the Discriminatory Policy of International Sports Organizations, Member of the Scientific and Methodological Expert Council of the Russian Student Sports Union, arbitration court at the Chamber of Commerce and Industry of the Russian Federation, Deputy Chairman of the Nominating Committee for Arbitration of Sports Disputes of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. At the III World Mas-Wrestling Championship in Yakutsk, the annual congress of the International Mass Wrestling Federation (IMWF), together with the Olympic champion, member of the Federation Council Tatyana Lebedeva and the Olympic champion, Deputy of the Legislative Assembly of the Rostov Region Andrei Silnov, Professor Alekseev S.V. was elected ambassador of a new sport of mass wrestling in the Russian and international sports arena.

Founder of the national scientific and educational school of sports, Olympic and football law, as well as the school of marketing law. Developer theoretical concepts and the author training courses"Sports Law of Russia", "International sports law"," Olympic Law "," Football Law "," Labor Relations in sports "," Legal basis professional activity in Sports "," Marketing Law "," Sports Management. Regulatory regulation"And" Sports Marketing. Normative regulation "," Normative and legal support of physical culture and sports activity in acrobatic rock and roll ".

The author of fundamental works - the first in science and education of textbooks: "Sports Law of Russia" (M., 2005, 2007, 2012, 2013, 2014, 2016, 2018) (recommended by the Ministry of Education and Science of Russia), "International Sports Law" (Moscow, 2008 , 2013, 2014, 2016, 2018), “Olympic Law” (M., 2010, 2013, 2014, 2016, 2018), “Sports Law. Labor relations in sports "(M., 2013, 2014, 2015) (recommended by the Ministry of Education and Science of the Russian Federation)," Legal foundations of professional activity in sports "(recommended by the Educational and Methodological Association of Higher Educational Institutions of the Russian Federation for Physical Education Education as a textbook for students of higher educational institutions studying in the areas of training 034300 - Physical culture and 034400 - Physical culture for persons with disabilities in health (adaptive physical culture)) (Moscow: Publishing house "Soviet Sport", 2013, 2017); “Sports Management. Regulation of the organization and conduct of physical culture and sports events "(M., 2014, 2015, 2016, 2017, 2019) (recommended by the Ministry of Education and Science of Russia)," Sports Marketing. Legal Regulation ”(M., 2015, 2017) (recommended by the Ministry of Education and Science of Russia),“ Football Law ”(M., 2015, 2017, 2019) (recommended by the Ministry of Education and Science of Russia),“ Marketing Law ”(M., 2002, 2003, 2004 ) and etc.

He is the editor-in-chief of the magazines "Sport: Economics, Law, Management" of the publishing group "Yurist" and "Law and State: Theory and Practice" (both are included in the List of scientific journals of the Higher Attestation Commission of the Ministry of Education and Science of Russia), a member of the editorial boards of the magazines "Law and Law", "Physical culture and health", "Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia" and "Education. The science. Scientific personnel "(all are included in the above list), The e-Lex Sportiva Journal - the official journal of the International Association of Sports Law (IASL) - International Association of Sports Law (IASL), the federal scientific and practical journal under the State Duma" Bereginya ", and is also an arbitrator of the Sports and Disciplinary Committee of the Continental Hockey League, a member of the Appeals Committee of the Russian Ice Hockey Federation, an arbitrator of the Sports Arbitration at the Chamber of Commerce and Industry of the Russian Federation, a member of the Academic Council of the Master's program “Lawyer in Sports” of the Faculty of Law of the National Research University Higher School of Economics ", Professor of the Institute of Physical Culture of Tyumen State University, Professor of the Institute of Law and national security Tambov State University named after G.R. Derzhavin, Professor of the Moscow Educational and Sports Center of the Moscow Sports Center, Professor of the Department of Theory and Methods of Additional vocational education in the field of physical culture and sports of the Regional State autonomous institution additional professional education "Krasnoyarsk Regional Institute for Advanced Training of Physical Culture and Sports Workers", a member of the International Academy of Management.

Takes part in the legal and legislative work of the Administration of the President of the Russian Federation, the Government of the Russian Federation, the State Duma and the Federation Council of the Federal Assembly, the Ministry of Sports of the Russian Federation, the Ministry of Education and Science of the Russian Federation and other bodies state power, as well as the Public Chamber of the Russian Federation, the Russian Olympic Committee and a number of sports federations of the country. Member of working groups on the development of federal laws "On physical culture and sports in the Russian Federation", "On licensing certain types activities "," About state registration legal entities and individual entrepreneurs"," On the protection of the rights of legal entities and individual entrepreneurs during state control(supervision) "," On education in the Russian Federation ", the Civil Code of the Russian Federation, the Labor Code of the Russian Federation, the Code of the Russian Federation on Administrative Offenses, the Criminal Code of the Russian Federation, etc., resolutions and orders of the Government of the Russian Federation regulating relations in the field of physical culture, sports and entrepreneurship ...

He is known as an active defender of the rights of athletes, coaches, sports organizations and the sports interests of the country.

In addition, he is known for his negative attitude towards the refusal of the British Government to accredit the President of Belarus Alexander Lukashenko to the 2012 Olympic Games, is also known as the initiator and developer criminal liability for persuading athletes to use doping.

Awards and titles

  • Honorary Worker of Higher Professional Education of the Russian Federation
  • Honorary Worker of Science and Technology of the Russian Federation
  • Medal of Anatoly Koni of the Ministry of Justice of Russia - For legislative activity, for ensuring the rights and legitimate interests individuals and the state, effective protection of the rights of athletes, coaches, sports organizations and the interests of the country, for a great personal contribution to the development of legal science and education, the creation of a Russian scientific and educational school of sports, Olympic and football law, training of qualified personnel
  • Medal of Peter Lesgaft of the Ministry of Sports of Russia - For a great personal contribution to the development of sports science and education, for the creation of a Russian scientific and educational school of sports, Olympic and football law, a significant contribution to the development of physical culture and sports in the Russian Federation and sports legislation
  • Medal of Nikolai Ozerov of the Ministry of Sports of Russia - For a great personal contribution to the promotion of physical culture and sports
  • Certificate of honor of the Federal Assembly of the Russian Federation - for a significant contribution to the development of the legislation of the Russian Federation
  • Certificate of honor of the Chairman of the State Duma Committee on Physical Culture, Sports and Youth Affairs of the Federal Assembly of the Russian Federation - for active legislative work to improve the sports legislation of the Russian Federation
  • Award weapon of the Investigative Committee of the Russian Federation - For a great personal contribution to ensuring the rights and legitimate interests of the individual and the state

    Deputy Chairman of the Investigative Committee of the Russian Federation A.V. Fedorov and Rector of Moscow State Law Academy, Chairman of the Association of Lawyers of Russia V.V.Blazheev present S.V. Alekseev and his deputy V.Yu. Katkov with the award weapon of the Investigative Committee of the Russian Federation

  • Named weapon of the Ministry of Internal Affairs of Russia "For loyalty to the Fatherland" - For high professionalism and great services in protecting state interests
  • Certificate of honor - for great services in the development of physical culture and sports, tourism and youth policy in the Russian Federation and fruitful conscientious work
  • Certificate of honor from the Chairman of the Higher Attestation Commission (HAC) under the Ministry of Education and Science of the Russian Federation - to the editor-in-chief of the journal "Sport: Economics, Law, Management" for a significant contribution to the improvement Russian education and science and in connection with the 25th anniversary of the creation of the Publishing Group "Yurist"
  • Certificate of honor of the Secretary of the Public Chamber of the Russian Federation - for active participation in the development of civil society and great personal contribution to the work of the Public Chamber of the Russian Federation, for significant success in the legal education of citizens
  • Acknowledgments from the heads of the Chairman of the State Duma, the Federation Council, the Minister of Sports of the Russian Federation, the Government of Moscow, the Secretary, the Deputy Secretary and the Honorary Secretary of the Public Chamber of the Russian Federation, the Chairman of the Russian Lawyers Association, as well as other persons and organizations
  • Certificate of honor of the Rector of the Academy of Labor and social relations Federation independent trade unions Russia - for many years of conscientious work and great contribution to the training of highly qualified lawyers
  • Best Lecturer at the National Research University Higher School of Economics in 2018 and 2019
  • Certificate of honor of the President of the Association of National Sports and Games of the Peoples of Yakutia "Sakhaada-sport", First Vice-President of the International Mass Wrestling Federation (IMWF), Chairman Constitutional Court Republic of Sakha (Yakutia) - for a significant contribution to the popularization of national sports of the peoples of Yakutia, as well as support of mas-wrestling in the Russian Federation and in the world

Major works

Notes (edit)

  1. With Olympic right to Olympic victories. Review of the textbook by S. V. Alekseev "Olympic Law (Legal Foundations of the Olympic Movement)" (unspecified) .
  2. Department of Labor Law and Social Security Law (unspecified) .
  3. Department of Administrative, Financial and International Law (unspecified) .
  4. Improving the organizational and economic mechanism for forecasting sales of products of a machine-building enterprise: On the example of the Joint-Stock Moscow Company "Plant named after I. A. Likhachev"
  5. Improving the organizational and economic mechanism for forecasting sales of products of a machine-building enterprise (On the example of the Joint-Stock Moscow Company "Plant named after I. A. Likhachev") (unspecified) .
  6. Administrative and legal regulation of entrepreneurial activity
  7. Sports Law Commission
  8. The Sports Law Commission was established under the Russian Bar Association (unspecified) .
  9. Athlete's Rights - Sports Rights (unspecified) .
  10. Meeting of the Sports Law Commission (unspecified) .
  11. Sports lawyers of Russia. Expand spheres, influences and opportunities. (unspecified) .
  12. National Association of Sports Lawyers
  13. Sports lawyers and athletes collaborate ... (unspecified) .
  14. "Sport is a state within a state" (unspecified) .
  15. Academy of Sports Law
  16. Composition of the Commission on Sports Law of the Public Council of the Ministry of Sports of the Russian Federation (unspecified) .
  17. Joint meeting of the commissions on sports law of the Public Council under the Ministry of Sports of Russia and the Association of Lawyers of Russia, dedicated to the issues of sports refereeing (unspecified) .
  18. Russian International Olympic University took part in a meeting of the Public Council under the Ministry of Sports of the Russian Federation (unspecified) .
  19. The new composition of the Expert Council under the State Duma Committee on Physical Culture, Sports, Tourism and Youth Affairs was approved (unspecified) .
  20. Composition of the expert council on physical culture and sports under the Federation Council Committee on Social Policy (unspecified) .
  21. Formation of the Public Chamber for 2014-2017 (unspecified) .
  22. List of experts of the Public Chamber (unspecified) .
  23. Lecture by Professor S.V. Alekseev on sports law at the III All-Russian educational forum "Young Lawyers of Russia - 2016" (unspecified) .
  24. Sports: economics, law, management (unspecified) .
  25. Sports arbitration at the Chamber of Commerce and Industry of the Russian Federation
  26. Professor Alekseev S.V. spoke about the measures to improve the activities of sports arbitration and the system of sports refereeing at a press conference in the editorial office of the "Parliamentary Gazette" dedicated to judicial reform in Russia (unspecified) .
  27. (unspecified) .
  28. Under the chairmanship of Professor S.V. Alekseev in Tambov, the state of sports law was discussed Sergey Alekseev held a meeting of the Commission on Sports Law of the Association of Lawyers of Russia and the Public Council of the Ministry of Sports of Russia on the results of the Olympic Games in South Korea (unspecified) .
  29. Sergey Alekseev in the program "Results of Pyeongchang: victories without the right to citizenship" on the TV channel "Russia 24" (unspecified) .
  30. “Meldonium scandal. How can you explain the refusal to take legal action? " Sergei Alekseev - Chairman of the Sports Law Commission of the Russian Lawyers' Association on the RBC TV channel examines the case of Russian curlents (unspecified) .
  31. Professor Alekseev S.V. Live radio Sputnik spoke about the legal problems of international sports on the eve of the Olympic Games in South Korea (unspecified) .
  32. (unspecified) .
  33. Professor Alekseev S.V. live on the TV channel "Russia 24": the IOC commission made a decision anonymously on 17 criteria applicable only to Russia (unspecified) .
  34. Professor Alekseev S.V. took part in the discussion on the participation of Russian athletes in the Olympic Games 2018 live on the TV channel "Russia 24" (unspecified) .
  35. Sergey Alekseev on Sputnik radio gave a legal assessment of the IOC's refusal to invite Russian athletes to the Olympic Games in South Korea (unspecified) .
  36. Professor Alekseev S.V. spoke in defense of the Russian Olympians in the "Facts" program live on the "Russia 24" TV channel (unspecified) .
  37. Sergey Alekseev, on the air of the Russia 24 TV channel, proposed to create a single operational legal headquarters to help Russian athletes (unspecified) .
  38. “Under a neutral flag. Only "pure" athletes will be able to go to the Olympiad. " Interview with Sergei Alekseev live on the RBC TV Channel (unspecified) .
  39. Professor Alekseev S.V. on the "Morning of Russia" TV channel "Russia 1". Ether from 12/14/2017. Athletes' courts due to doping (unspecified) .
  40. Shootout Races: Why Are Russian Skiers Suspended? Professor Alekseev S.V. live radio "Sputnik" 03.11.2017 (unspecified) .
  41. Sergey Alekseev, Chairman of the AYUR Commission on Sports Law, took part in the Round Table: "Olympic hopes: Moscow Olympians are ready to fight for gold in the Vechernyaya Moskvy media center" (unspecified) .
  42. Sergey Alekseev's interview to the Aleksey Zubakov Sports Agency on the problems of legal protection of Russian athletes and ways to solve them (unspecified) .
  43. Sergey Alekseev, Chairman of the Sports Law Commission of the Russian Bar Association, in the Project-2015 program of the Saint Petersburg TV channel, gave a legal assessment to the statement of 28 Anti-Doping Agencies of 28 countries of the world, which contains a demand to remove the Russian national team from the 2018 Olympics (unspecified) .

Alekseev Sergey Viktorovich(born May 29, 1973 in Moscow) - Russian lawyer. According to P. V. Krasheninnikov, he is “the founder of the Russian school of sports law”. Doctor legal sciences, Ph.D. in Economics, Professor, Honorary Worker of Higher Professional Education of the Russian Federation, Honorary Worker of Science and Technology of the Russian Federation.

Biography

Was born in 1973 in Moscow. Graduated with honors from the Moscow State Law Academy in 1999, the Moscow State Industrial University in 1995 and a postgraduate study at the Moscow State University of Law in 1999, as well as a doctorate at the Moscow State Law Academy in 2004.Since 1996, in scientific and pedagogical work, he has been working as a professor at the National Research University Higher School of Economics, Moscow State law university named after O.E. Kutafin (Moscow State Law University named after O. E. Kutafin) and at the Academy of Labor and Social Relations of the Federation of Independent Trade Unions of Russia. In 1999 he defended his thesis for the degree of candidate of economic sciences, in 2005 - the thesis for the degree of Doctor of Law.

  • in 1995 he worked as an assistant lawyer at the Moscow City Bar Association.
  • since 1996 he worked as a lawyer at the Joint Stock Moscow Society "Plant named after I. A. Likhachev".
  • since 1999 worked as Deputy Director of the Legal Department of the Interfax Information Agency.
  • since 2003 worked as the head of the Legal Department at IBS Group.
  • since 2006 Director of the Legal Department of the Energy Consulting Group of Companies.

Public and scientific-public activities

Currently - Chairman of the Sports Law Commission of the Russian Lawyers Association, President of the National Association of Sports Lawyers of Russia, Vice-Rector for External Relations of the Academic International Institute, Scientific Director of the Autonomous Non-profit Organization "Academy of Sports Law" at the Russian Olympic Committee and the Russian state university physical culture, sports, youth and tourism, member of the Public Council of the Ministry of Sports of the Russian Federation, Chairman of the Commission on Sports Law of the Public Council of the Ministry of Sports of the Russian Federation, member of the Presidium of the National Human Rights Union "Man and Law", Chairman of the Board of Trustees of the Municipal Educational Institution of Continuing Education for Children " Complex youth sports school of the city of Fryazino ", member of the Expert Council of the State Duma Committee on Physical Culture, Sports and Youth Affairs, member of the Expert Council on Physical Culture and Sports of the Committee on Social Policy of the Federation Council of the Federal Assembly of the Russian Federation, member of the Scientific and Methodological Council on physical culture of the Ministry of Education and Science of the Russian Federation, member of the Moscow Club of Lawyers, head of the Sports and Legal Lodge of the Moscow Club of Lawyers, member of the Scientific Advisory Council at the Public Chamber of Russia koy Federation, member of the Working Group of the Public Chamber of the Russian Federation on the protection of the rights of Russian athletes and countering discriminatory policies of international sports organizations, arbitrator of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, Deputy Chairman of the Committee for Appointment of Arbitration of Sports Disputes of the International Commercial Arbitration Court at Trade - the industrial chamber of the Russian Federation.

Founder of the national scientific and educational school of sports, Olympic and football law, as well as the school of marketing law. Developer of theoretical concepts and author of training courses "Sports Law of Russia", "International Sports Law", "Olympic Law", "Football Law", "Labor Relations in Sports", "Legal Foundations of Professional Activity in Sports", "Marketing Law", “Sports Management. Regulatory Regulation "and" Sports Marketing. Normative regulation "," Normative and legal support of physical culture and sports activity in acrobatic rock and roll ".

Alekseev, Sergei Sergeevich(b. 1924) - Professor, Doctor of Law. An outstanding Russian legal scholar, founder of the Ural school of the theory of law, whose works had a significant impact on the formation of the paradigm of modern domestic legal science. He penned about thirty monographs and more than 300 articles, covering almost all subject areas of the general theory of law.

Sergei Sergeevich was born on July 24, 1924 in the city of Orel. During the Great Patriotic War S.S. Alekseev served in the army as a private in sapper units, fought on the Volkhov, Leningrad and Karelian fronts, in the Arctic. 1945-1952 was a student of the Sverdlovsk Law Institute, after which he remained in graduate school at the department civil law, where, under the scientific guidance of the founder of the Ural school of civil law B.B. Cherepakhina defended his candidate's thesis in 1952 and his doctoral dissertation in 1961. Since 1952 - Assistant, then - Senior Lecturer of the Department of Theory of State and Law; since 1954 - Associate Professor of the Department of Civil Law. In 1963 in Sverdlovsk legal institute as an independent structural subdivision the Department of Theory of State and Law arose. From the moment of its creation and for 25 years it was headed by S.S. Alekseev.

In 1988, Sergei Sergeevich created the Institute of Philosophy and Law at the Ural Branch of the Academy of Sciences and became its director. The processes taking place during this period in the country were not yet fully understood, and the tendencies were not very clear. Nevertheless, it was clear that without a thorough legal study, without high-quality legislation, the unfolding reforms are doomed to failure with all the corresponding consequences: a rollback into the party economic organization of society, a tightening of the regime, the abolition of any democratic institutions and other "delights" of reaction. Therefore, an active participation in the development of a number of innovative draft laws begins immediately. Legislative work since 1989, after being elected as a People's Deputy of the USSR, becomes the main one. Further S.S. Alekseev becomes Chairman of the Committee on Legislation, Legality and Law and Order of the Supreme Soviet of the USSR, Chairman of the Committee for Constitutional Supervision of the USSR, Chairman of the Council of the Research Center for Private Law under the President of the Russian Federation, member of the Presidential Council. In these years, hard work in the positions held and active social work, writing several books, creating the foundations of the constitutional justice system, participating in the preparation of the draft Constitution of the Russian Federation, developing Civil Code and much more.

Among the most significant works:
Mechanism legal regulation in a socialist state. M., 1966;
Problems of the general theory of law. In 2 volumes. Sverdlovsk, 1972-1973;
The social value of law in a socialist society. M., 1975;
The structure of Soviet law. M., 1977;
General theory of law. In 2 volumes. M., 1981-1982;
The theory of law. M., 1993-1994;
Philosophy of law. M., 1997;
Lessons. Russia's hard road to law. M., 1997;
The most sacred thing that God has on earth. Immanuel Kant and problems of law in the modern era. M., 1998;
The right on the threshold of the new millennium. Some tendencies of world legal development are the hope and drama of the modern era. M., 2000;
Climbing to the right. Searches and solutions. M., 2001-2002;
Favorites. Science is right. General social problems. Journalism. M., 2003; Civil law. A short tutorial. M., 2004.

Under the leadership of S.S. Alekseeva defended about 15 doctoral and about 60 master's theses.

Today, Honored Scientist of the RSFSR, Laureate of the State Prize of the USSR, Corresponding Member of the Russian Academy of Sciences, Honorary Doctor of the University of Paris, Doctor of Law, Professor Sergei Sergeevich Alekseev continues scientific and teaching activities at the Department of Theory of State and Law of the Ural State Law Academy.

Sergey Sergeevich Alekseev

(28.07.1924, Oryol - 12.05.2013, St. Petersburg)

S. S. Alekseev is perhaps one of the most famous Russian jurists. He was one of the active participants in the formation of the legal system in Russia. So, the constitutional oversight committee, which Sergei Sergeevich created and headed in 1989 1991, became the prototype of the current Constitutional Court.

One of the most important achievements of a lawyer is participation in the creation of the current Constitution of the Russian Federation. Alekseev began work on the basic law at the end of 1991, together with A.A. Sobchak and other colleagues from Russian movement democratic reforms. Then this work was called the Alternative Project. But in 1993 he and S. M. Shakhrai were approached by the then-President B. N. Yeltsin, who instructed him to prepare a "presidential" draft of the Constitution. The draft of the "presidential" constitution partly included the ideas of the Alternative draft, although the key points of this document, unfortunately for S. Alekseev, were not implemented in the final version of the Constitution.

Sergei Sergeevich simply and figuratively formulated the essence of the new constitutional concept of the President of Russia. He explained that this concept is based on five principled positions: “the first is human rights, the second is solid stable power, the third is economic freedom on the basis of the law, the fourth is justice, the fifth is a real federation. "

Real participation in the preparation of the draft Constitution is undoubtedly important for a legal scholar. And yet the most important work of S. Alekseev's life, his mission as a lawyer, is the revival of private law, civil law. So, he developed a strategy in the form of the program "Formation and development of private law in Russia" approved by the Decree of the President of the Russian Federation. In addition, it was he who initiated the preparation of the new Civil Code.

It is worth recalling the story of the adoption of the Civil Code, in which Alekseev was directly involved. So, part one of the Civil Code was adopted by the State Duma on 10.21.1994 and 10.28.1994 sent to the Federation Council, which received the document on 10.31.1994. But on November 16, 1994, the Federation Council, having considered it, rejected it (because of Chapter 17, devoted to property rights and other property rights to the ground). It would seem that Russia was left without a new Civil Code. But S. S. Alekseev, together with his colleagues, began to look for a way out of this situation. As a result of the analysis of the situation, it turned out that the Federation Council rejected part one of the Civil Code two days later than the 14-day period established by Article 105 of the Constitution of the Russian Federation for consideration by the Federation Council of federal laws received from the State Duma. A legal lead has been found. S. S. Alekseev writes a letter to the President, where he indicates that, having missed the 14-day deadline, the Federation Council has lost the right to reject the Civil Code, and also substantiates the significance of this document for Russia and the legal possibility of its signing by the President, despite the rejection by the Federation Council ... After reading the letter, Boris N. Yeltsin invites the author of the letter to his place and during an hour's conversation, S. S. Alekseev convinces the President to sign part one of the Civil Code. The code was signed on November 30, 1994. Thus, it is S. S. Alekseev who can rightfully be called the father of the Civil Code. In general, S.S.Alekseev devoted 15 years of intense, creative work to the development of the new Civil Code.

Also, on the initiative and with the support of Alekseev, in the early 1990s, decisions were made to abolish registration and on the legal nullity of "secret" acts.

Its main scientific work S. S. Alekseev calls the book "Ascent to the Right", which summarizes his half-century of research. In it, according to the author himself, “the need to raise the law as a science worthy of taking a high position among the advanced natural, technical and humanities, justifying the place and role of law as one of the highest achievements of civilization and culture of mankind ”.

Photo from the site www.itogi.ru

Three years ago, world-renowned Russian jurist Sergei Alekseev passed away. When in 2009 the magazine "Zakon" asked him an unexpected question about who he would like to return to Earth after death, if the opportunity presented itself, Alekseev replied: "As who I am now."

In himself, he appreciated the "attitude to patience" and considered an important human quality "the ability to endure and achieve the necessary results." Among his own shortcomings he ranked irritation, which sometimes broke through in his conversations about modern law, which he called a "legal freak." Such a right belongs to one of the developers of the draft Constitution of the Russian Federation and the Civil Code, the first laureate of the highest Russian professional award "Lawyer of the Year" and for an outstanding contribution to the creation of legal framework modern Russia, a corresponding member of the Russian Academy of Sciences was recognized by the legal community of the Russian Federation unconditionally.

About what Yeltsin was offered to adopt instead of the Civil Code, under whom the apparatus edited the last version of the Constitution, how to get rid of the demon of omnipotent state power, how they differ from each other legal schools of Moscow, St. Petersburg and Yekaterinburg, why Napoleon's Code is higher than his victories in battles, with what weapon the Romans conquered the world and about many other things-in the public statements of an outstanding jurist.

About childhood, the front line, character traits and choice of profession

Childhood predetermined my entire subsequent life, albeit from a somewhat unexpected angle. I was born in 1924 in Orel. Until 1941 I was a normal street kid. Moreover, with the habits characteristic of street life, partly because the last years of my studies at school were spent alone with my mother, I did not have a father at that time. She was a laboratory assistant, and I even had to earn a little extra money. In high school, I went on two geological exploration expeditions, which also affected my personality.

There were two big shocks in my life. The first was in 1937: my father was arrested. He spent 10 years in Kolyma, then was released for lack of corpus delicti. Until a certain time I was a kind of outcast - the son of an enemy of the people. He lived in an atmosphere of fear, alienation. The second shock is that in 1942 I joined the army. Although, for obvious reason, they did not take me [ as the son of an "enemy of the people" they tried to send him to the labor army], I achieved this because I did not want to be an outcast, I wanted to overcome this milestone. I spent almost three years in the army. On the Volkhov front, on the Leningrad, on the Karelian, in the Arctic. He received a concussion and returned in 1945. I came back a completely different person. Either intuitively, or obeying some other impulse, unknown to me, I entered a law school. Half of those who entered with me were also front-line soldiers.

Most of all I value my attitude to patience. Perhaps this appeared from the beginning of the war, when a young city boy got into front-line conditions. And few people know what front-line conditions are, this is not emphasized now. Now there is a certain aura of victory, but in fact it was a huge shock, great grief for the whole country, misfortune, inhuman conditions in which all our troops were. The total losses are about 30 million people, including the dead civilians. This was reflected throughout the era.

The ability to endure and achieve the necessary results - I have always considered this an important quality.

I can't stop working, every day I sit down at the computer and write. Somewhere out there, in work, is the truth of life, and the satisfaction from it is the happiness of life.

Sometimes, in some discussions, conversations, I call modern law a legal monster. Don't do this. And I call it because I can't find other words. This is where irritation comes in. With people I try to restrain myself, but sometimes such an expression breaks through. But I have a fair share of respect for all people.

I was very carried away by law, because I felt that there is something in it that unites the prose of life in all its various, often negative manifestations, and something incredibly deep, not yet fully meaningful. I felt that this very phenomenon can withstand the horrors that I have experienced in my life. And the horrors of the unjust position of the son of the enemy of the people, and the state of war. And, as I later felt, it can withstand even larger phenomena of violence and terror. Later, all my life, I was engaged in comprehending law, understanding its essence, which I tried to express in a number of my works, including the last book - "The Mystery and Power of Law". And it was revealed to me that law is one of the highest achievements of human civilization.

About law and justice

Justice is a moral category, and law is original and has its own monstrous power, absorbing the principles of universally recognized justice. And the main thing that characterizes law is that it acts as an abode and guarantor of civilized freedom for people. And in this respect, the law is destined, to put it pompously, a great civilizational mission - to be the basis of civilizational progress in order to consolidate democratic values, in order to protect humanity and people from disasters and hardships. And, in particular, from one of the most monstrous and unjust - from the demon of the omnipotent state power. Because the state power, by its origins is necessary and necessary, going beyond the social life limits, saturated with impulses of domination, craving for omnipotence. And it leads to an authoritarian regime.

When the law begins to crumble, it is replaced by an inferior right of power, which serves only its interests and only to a small extent - the interests of other people. And in other cases it also acts as a basis for lawlessness. This is the center, the highlight of what I have been able to capture, as I believe, as a result of 50 years of hard work on this issue. These are ideas that I tried to put into practice when I worked in Moscow in the Supreme Soviet, heading the Committee on Legislation, the first free Committee on Legislation and Law and Order in our country's history, and when I headed the Committee for Constitutional Review, the forerunner of the Constitutional Court.

While I was striving to achieve these ideals, a tendency arose of the opposite nature - a tendency to return to the old Soviet system. She still dominated the minds of people, and it was believed that the domination of power could most fast way solve all problems. Even the most devoted Democrats believed that we could establish the market in a Pinochet way, through force. And to a certain extent this was realized. Among other things, my decision to leave was due to the Chechen war, which shocked our society, and we will reap the fruits of this misfortune for a long time to come. It was a harsh and brutal war, and, disagreeing with it, I left the Presidential Council [on Human Rights], left other posts and decided to continue my scientific work to understand and affirm the values ​​that I am talking about.

About the Constitution of the Russian Federation

Since 1991, the official draft of the new Constitution has been prepared in a special commission of the Supreme Soviet of the RSFSR under the auspices of Boris N. Yeltsin. In early 1993, at the initiative of the Democratic Choice of Russia movement, headed by G. Popov and A. Sobchak, I was asked to prepare an alternative project. I brought in several colleagues and, above all, a civilian lawyer Slava Khokhlov, a top-class lawyer. A list of basic constitutional ideas was immediately developed: 1) rejection of the ideology of war, 2) the responsibility of the state before the people for decisions by force, 3) the idea of ​​the rule of law.

The main "author's" achievement in the work on the Constitution, I consider the provision that human rights determine the meaning and content of the activities of all departments of power. We were worried about the danger posed by state power: the ability to ignore the law or to apply it in practice in accordance with free discretion. In the first place in the text was placed the norm that “human rights are directly applicable law” and the basis of all state and legal life. True, it was transferred from article number two in the final version of the text to article 18, but it has survived. Other rigid legal constructions were included in the project: on a strictly permissive procedure for actions government agencies and officials, on the inadmissibility of using the regular army inside the country without a direct indication of the law and proper legal procedures, etc. But the formula, taking into account the experience of the KKN (Constitutional Oversight Committee), with all efforts, could not be included in the text of the new Constitution. Until now, the authorities do not recognize the principle of the inadmissibility of the destruction of a person by armed force when solving domestic problems. This is exactly what the first and second Chechen wars show. In the final constitutional text many of these legal constructions were missing. The reason is that any government does not tolerate anything that would bind it.

In the final version, the conceptual provision on human rights appeared in the second chapter, and the title articles of the text became, as in Soviet times, the provisions on the state, its sovereignty, and territorial integrity. The principled "attitude towards a person" - the main content of the "alternative" draft of the Constitution - has been relegated to the background and emasculated.

In the summer of 1993, a constitutional meeting was held, the discord of opinions of which made it possible to carry out apparatus studies with an orientation towards the “demands of the authorities”. The text of the draft Constitution, which was submitted to a referendum in December 1993 and then entered into force, turned out to contain many flaws, corrections, additions, and "clarified" wordings that provide well-known grounds for strengthening the power of the President. There were some reasons for the rise of presidential power, because several teams with different views took part in the preparation of the text, and the last version of the Constitution was "worked out" purely at the apparatus level.

About the Civil Code and the Private Law Research Center

In my opinion, the adoption of the Civil Code is the largest accomplishment in the entire era of changes in our country. And, as I know, it was carried out substantial work to update it - to update one of the most important laws, which creates the basic conditions for the development of civil society. There are a number of good things that could be said about, but on the whole, the centrist tendencies of the authoritarian type drown out these positive principles.

Even in Soviet times, civil law was developing. And quite intense. And on its basis, which I consider an important feature of our Sverdlovsk school, the values ​​of the general legal order were also asserted.

To some extent, I was familiar with civil legislation even before the period of changes in our country, before the period of perestroika, this is due to the study of the Codes of 1922 and 1965. Moreover, the Code of 1922 was more progressive, it was a direct perception of the Civil Code, prepared in pre-revolutionary times, in which there were a number of significant positive elements. In the future, there was a saturation of civil legislation with communist dogmas. And then, starting from 1992-1993, work began on the Civil Code. This work proceeded from a consistent and progressive position, and was carried out by the Research Center for Private Law. I think this is very important and significant, since the Center is a scientific institution that influenced the development of jurisprudence in our country. We tried to embody all the advanced, all the best that has been accumulated in the world civil legislation, for this we organized consulting trips to a number of countries - Holland, Germany and the USA, in which I had to participate. The best examples (as it was believed then) of civil law regulation were accepted, albeit with some flaws, which now, I hope, will be eliminated in the updated version of the Civil Code.

In 1991-1996 work began on the preparation of the draft Civil Code. Historical experience from Ancient rome before Bismarck Germany there is only one sure way to really unite a disintegrating society. This is a civil, private law that realizes the will and interest of each person on a single legal basis. Only through civil law can a diverse society be united, while simultaneously solving fundamental economic problems - the problems of formation market economy- and creating civil society as a whole. The proposal to establish a Scientific Center for the preparation of the Civil Code found a response from M. S. Gorbachev, and then, during the transfer of power, from B. N. Yeltsin. The center was named the Center for Private Law [ now the Research Center for Private Law under the President of the Russian Federation].

The main activity for me was the organization under the President of the USSR (Mikhail Gorbachev) of the Research Center for Private Law for joint work with the Supreme Soviet. Without private law, there are no free economic relations... The idea of ​​private law was gradually being implemented<...>The President of the Russian Federation (Boris Yeltsin) approved federal program"Formation and development of private law in Russia", and me - its scientific advisor (since 1994). This has become the largest event in the humanities in our country. The main task of the Center was to prepare a draft of the Civil Code of the Russian Federation, which was done - the Civil Code was adopted in three parts.

He (the Research Center), in essence, blocked the path of another trend, because in the preparation of the draft Civil Code, his fate hung in the balance. For the president of that time, Yeltsin, was convinced that the Civil Code was not needed, but an economic code, or a code of entrepreneurship, was needed. It was only at the last minute before the final decision on this issue was made that the situation changed. This was influenced by the Private Law Research Center. Therefore, his main achievement is the preparation of the Civil Code and civil law specialists, who are still setting the tone. legal development all over our country.

Private law, which has found expression in the Civil Code, in the entire system of civil legislation, is implemented in the very legal matter, in the institutions of civil law, its forms, structures that affect our daily life, - in property relations, contracts, all kinds of obligations in all sectors of society. Together with habitual, everyday legal constructions, they inevitably enter life and are affirmed as unshakable principles of modern civil society ("private law"): legal equality, inviolability of property, freedom of contract, judicial protection right. This is the heart of a hopeful, optimistic outlook! Modern waste civil law despite all the current difficulties and even growing difficulties, he will still win!

On Roman Private Law and the Code of Napoleon

According to the German lawyer Iering, the Romans conquered the world three times: first by force of arms, then by force of religion and then by force of law. Roman law is an amazing phenomenon, most of its provisions are strikingly modern.

Half a century ago, in his lectures on Roman private law, Alexander Markovich Vinaver talked about the details and details of the legal life of Ancient Rome, about graceful and slender designs - the greatest discovery of Roman legal culture, which only now seems to be revealed in its grandiose meaning for the right<...>I began to see something in the light of true knowledge - a real perspective of understanding law both in its long-known meanings, and in new outlines, the essence and meaning of which is only just being revealed.

In any legal state in which models of legal regulation are developed, the Civil Code is the standard legal status of the given country.
A new era in the development of mankind, built on respect for man, on the priority of human values, human rights, began with the Civil Code of 1804 - with the code of Napoleon, and not with the French Revolution itself. It is not for nothing that Napoleon himself, shortly before his death, said that the adoption of the Civil Code is higher than all his victories - higher than all 40 victories that he won. It's right. Because this is a victory of worldwide significance.

On the rule of law and legal nihilism

It amazes me that even the most consistent democrats, liberals of the most extreme liberal positions, talk about elections, about the separation of powers, and no one talks about the law. And if there is no law, then the victory of these same democrats will lead them to the same state - a state that will again lead them to an authoritarian or totalitarian society. Because the easiest and seemingly simplest way to solve any problems is a government decision. Powerful forces, special services, etc. - and solved the problem.

There are laws, there is the Constitution of the Russian Federation. But in the life of our society and in the world, unfortunately, forceful methods of solving problems prevail. In the country, of course, not always and in a different guise, the curse of our country - the system of omnipotence - continues to dominate. Any goal set in top echelon power ("presidential administration") is implemented. In new forms, certainly under the auspices of the law and existing legal institutions, sometimes in a roundabout way, but certainly it is carried out.

The troubles that befell Russian society during the years of change are caused not only by economic and organizational miscalculations, the all-crushing struggle for power, to take possession of it and to retain it, but to no less extent by the fact that, with all the broadcast "legal slogans", the right did not occupy a worthy place in society has not become a solid "outstripping" basis for transformational measures. So chaos of endless barbaric freedom, legal chaos, total criminalization rushed into life. public life... The measures taken in recent years to combat corruption seem not only insufficient, they will not replace what should become an unshakable foundation - the creation of legal society, the foundation and core of which would be human rights.

It seems that a society that has embarked on the path of democratic, consistently liberal development must collect and accumulate all the means and procedures that can become a barrier on the path of omnipotence. Having understood the dangers inherent in omnipotence, it is necessary to find means of protection against it. It is necessary to make these means compatible with the democratic state system and, together with the classical mechanisms of ensuring the legal nature of power - rigid and rigorous in their implementation. It is my deep conviction that the true solution to any problem depends on the spiritual state of people, on the state of the human soul. The main thing is to find people who are ready to support the values ​​of freedom and dignity of the individual. It is necessary to preserve and continue the spiritual values ​​of the romantic period in the history of our country, and it is just as important to realize them.

I find the formulation "legal nihilism" soft. Here is my formula, which I adhere to, to some extent I defend: a more severe phenomenon is taking place in our country - this is the collapse of law in its general civilizational, high meaning. And this should be of great concern to society. Because the collapse of the law means that society is losing one of the most important values ​​of civilization, which can lead it to new levels of progress.

On human rights

Human rights are a fundamental humanitarian category designed to mark the entry of humanity into the era of liberal civilizations. However, although human rights have taken root in slogans and ideas, they have not found a worthy continuation in legal matter, in worked out legal constructions that could, through everyday human life, living life practice of people, if necessary, through the judicial system, make human rights immutable, commonplace. reality. Meanwhile, human rights constitute an absolute criterion of legal reality - legislation, legal practice, activities of courts. Lack of well-developed legal structures on human rights turns into major misfortunes. The fact that in difficult life situations there is a return to the law of power, sometimes even to the “law of war”.

Lack of sufficient and well-developed legal structures on human rights issues, and not only on procedural law, predetermines a pessimistic outlook. Until slogans and incantations about human rights are embodied in strict and precise legal constructions and forms, the values ​​and ideals of human rights in real life will never enter.

Until recently, there was a slow, difficult, with stops and zigzags, the ascent of mankind from violence to law. And suddenly ... a drop to the edge of the abyss! Moreover, the reset occurs with some kind of insidiousness: the support for such a reset of society into the past, to violence has become the elevation of inalienable human rights, giving them directly legal significance... The disposition to punish countries somehow involved in terrorism testifies to the fact that we once again found ourselves in an atmosphere of legal barbarism, the admissibility of the right of war and military retaliation. The right of power was again at the forefront. Stately building modern Law was shocked. Is it possible that the victory at this stage of human development, in spite of seemingly inexorable historical tendencies and expectations, is won by violence, the Right of Force, in the cruel universal battle between violence and Law?

About market economy

One of the first to say about the need to use what is called a market mechanism were lawyers and, above all, civilians. And among them I must mention our articles with V.F. Yakovlev, which appeared at that time. These were the first signals that it was necessary to use the experience, which in its extreme expressions is now called capitalist.

From the economic point of view, it seems to me that we are too carried away by this model of a market economy in its narrow sense, because one of the deepest Russian legal scholars and thinkers I.A. For the market is associated with many negative processes and by its nature is to some extent forceful in nature: a cunning, fraudulent person wins, extracting the maximum profit by all means in any conditions and in spite of everything.

A modern civil society without a developed law, properly worked out, is impossible in principle. Without developed law, we will not be able to do anything good, including in the economy. Civil laws to the maximum they open scope for independent actions in economic life, in fact they introduce the very foundations of civil society: equality, freedom, independence of citizens, protection of their status and rights by law and court.

About legal education

I believe that we lack high-class lawyers. Our educational institutions, which do not have sufficient personnel, methodological training base, produce low-quality lawyers, because some people thought that training lawyers was a simple and easy matter. But the most important thing now is the training of highly qualified lawyers, specialists top level, high rank, which are needed in all areas of life - in international, domestic, judicial work. And as for low-grade education, it must die out, go into oblivion. It was a wrong line, built on the negative manifestations of our market society - easy to make money, easy to get. We need to get away from this as quickly as possible.

High-quality lawyers are not only those who know many correct decisions in various legal cases, but those who understand the essence of law, its purpose, and place in the life of society. A common understanding of the meaning and civilizational purpose of law as the highest achievement of civilization and culture of mankind should be developed here very strongly and powerfully.

Differences between Moscow, St. Petersburg and Yekaterinburg law schools

The Moscow school is close to the need for direct power, it is focused on prestigious legal high-paying work. Unfortunately, other areas remain in the shadows. As for the St. Petersburg school, it is associated with the names of prominent specialists. I myself am Leningrad, I defended my doctoral dissertation in Leningrad, both of my daughters live in Leningrad. The Leningrad school is B. Cherepakhin, A. Venediktov. We only with him (Venediktov) together in the country were laureates of the State (Stalin's, later - Lenin's) Prize. There are no other laureates of the State Prize who would have received it individually for their work. The largest representative of the Leningrad school is O.S. Ioffe, who later left for America. We met in Holland when we were preparing the Civil Code. A brilliant speaker, representative of the law school - V. K. Meicher. And on this basis such a good school was created. As for our Yekaterinburg, Sverdlovsk, law school, it is characteristic that in it attempts to deeply understand law are linked to legal specifics. And above all with civil law. It is not for nothing that our department, which I had to head for 20 years, had a focus on the development of topics that were quite solid from a theoretical point of view, but linked to a specific legal life.

Story from Alekseev

"I am happy. Because I had loyal friends, comrades. I was able to overcome difficulties that I should not have overcome. I remember this situation. One elderly woman sat and looked at me for a long time. I asked what she was looking at. She replied: "You are under God. You will have everything. So I am a happy person. With all the minuses, private hardships, which for the most part we are able to create for ourselves, and then we overcome painfully."

About Alekseev

Sergei Sergeevich Alekseev was an outstanding legal scholar and statesman. He stood at the origins of the development of a modern legal system in our country, the draft Constitution and the Civil Code of the Russian Federation, made a truly invaluable contribution to the development of legal science and civil legislation.

Sergey Sergeevich Alekseev is one of the largest figures in legal science. As a scientist, an encyclopedic lawyer, editor of many legal journals, and a writer, he created a significant scientific and literary heritage for both his contemporaries and future generations. Pavel Krasheninnikov

Sergei Sergeevich was a man ... as they say, "one in three persons." Unique human qualities, although I already met him when he was the chairman of the committee of the Supreme Soviet of the USSR, but before that I avidly read his books. Not even in theory, but in philosophy of law. This is his second quality - a person who felt right with his heart, soul. But thirdly - I was lucky with him ... It was the spring of 1993, - to write the current draft of the constitution. Therefore, for me it is an absolute loss. Sergey Shakhrai

From now on, the ceremony of presenting the Highest Legal Prize will be held annually in early December during the celebration of Lawyer's Day. A representative of legal profession who contributed to the formation the rule of law In Russian federation. This year, the prize has been awarded to one person whose greatest contribution to legal system modern Russia is beyond doubt. The first Lawyer of the Year is an outstanding Russian jurist, Doctor of Law Sergey Sergeevich Alekseev. The award ceremony will take place in the hometown of the laureate - Yekaterinburg on December 4. Sergey Stepashin

Citation on Pravo.ru publications -,; " Russian newspaper"- December 2009; the journal" Zakon "No. 7 2009, No. 5 2013;" Echo of Moscow "- May 2013;" Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences "- March 2003.