Южно-Российский институт управления РАНХиГС
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150 years of Russian military-legal science: from the past to the present
Introduction. Russian military legal science is a unique field of legal thought, covering issues of legal regulation of the armed forces, disciplinary, administrative and criminal liability of military personnel, as well as methodological principles of training military lawyers. The origins of science date back to the middle of the 19th century, when, during the reforms of Alexander II, it became necessary to systematize military legal knowledge and train legal officers. Purpose. Identification of systemic patterns and stages of formation, transformation and continuity of military-legal knowledge, scientific schools and literary tradition in the context of cardinal historical and political changes in Russia. The methodological basis of the research includes historical-legal, comparative-legal and system analysis, which allowed for a retrospective comparison of key scientific paradigms and approaches. Results and conclusions. The article provides a comprehensive historical and legal analysis of the century-and-a-half-long development of Russian military legal science from the moment of its institutionalization in 1867 up to modern trends in 2025. The work identifies three main stages of the development of science: the classical academic (the second half of the 19th – early 20th centuries), the Soviet ideological and pragmatic (1920s-1980s) and the modern stage of interdisciplinary synthesis (the turn of the 20th–21st centuries – present). For each stage, the dominant scientific schools, their methodological attitudes and key representatives. Special attention is paid to the analysis of the influence of the Alexander Military Law Academy as a catalyst for the autonomy of this scientific discipline, as well as the dialectical transformation of its methodological basis during the transition from imperial to Soviet and post-Soviet models of statehood. The scientific novelty of the research lies in the systematic reconstruction of the evolution of scientific schools and the demonstration of a stable methodological continuity of principles such as consistency, historicism and practical orientation, despite the change of political regimes. In conclusion, the key vectors of further development of military legal science related to globalization, digitalization and deepening interdisciplinary ties are substantiated.
On the issue of the trigger of the armed uprising in Petrograd on February 27, 1917
Introduction. An important factor in the victory of the revolution in February 1917 was the transfer of a significant part of the troops of the capital's garrison to the workers' side on February 27. The trigger for this behavior of the soldiers was two interrelated events: the order of Nicholas II, given on February 25 to the commander of the Petrograd Military District, General S. S. Khabalov, demanding that the "riots" in the capital be stopped, and the execution of this order by the troops on February 26 – shooting the majority of the unarmed population. Both scientifically and practically, it is important to investigate how a trigger triggers the transition from one state of society to another, changing the course of events. Purpose and objectives. To analyze the causes and consequences of the telegram sent by the tsar to S. S. Khabalov; to find out whether there was another option for restoring calm in the capital; to consider how the actions of Nicholas II on the evening of February 25, 1917 characterized him as a statesman. Theoretical Basis. History, along with other sciences, studies such scientifically and practically relevant issues as: • The relationship between regularity and historical chance. Were revolutions, the collapse of political regimes, and wars a natural consequence of the previous course of history or the result of a combination of coincidences? • The role of personality in history. Individuals (Alexander the Great, B. Napoleon, V. I. Lenin, I. V. Stalin) or the masses (classes, peoples) determine the course of history? In this article, we use an elitist approach (paradigm), which involves focusing on studying the activities and roles of individuals or their groups on the eve and during the events being studied. Results. The article examines the degree of awareness of Nicholas II during his stay at the Headquarters in Mogilev about the "riots" in Petrograd on February 23-24, 1917. His views on the power of the autocrat and the impact of Empress Alexandra Feodorovna on his worldview are analyzed. The causes and consequences of the telegram sent by the tsar to S. S. Khabalov on February 25 have been revealed. Another variant of the emperor's possible actions is analyzed in order to calm the population of the capital. It is considered what qualities of a statesman Nicholas II demonstrated on the evening of February 25, 1917. Conclusions. 1. On February 25, the sending of an order to General S. S. Khabalov for the immediate cessation of unrest in the capital was the result of Nicholas II's inner conviction that he was obliged to rule alone. This conviction was constantly fueled by the energetic instructions of his wife Alexandra Fedorovna, who demanded that the emperor show firmness. 2. By sending the analyzed telegram, the emperor demonstrated in practice such managerial qualities as poor knowledge of the situation in the capital (he underestimated the low authority of the authorities in society and in the army), the inability to foresee the consequences of his decisions and the inability to predict the possible course of events. 3. Once again, in a situation of choosing between dialogue, compromise with society, or violence, the emperor chose violence, as he had repeatedly done during the previous 22 years of his reign.
The doctrine of Gennady Vasilyevich Maltsev on the moral foundations of law
Introduction. In the year of the 90th anniversary of the birth of the remarkable Soviet and Russian thinker, corresponding member of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Scientist of the Russian Federation Gennady Vasilyevich Maltsev (1935-2013), the author presents a scientific essay on his fundamental monograph "The Moral Foundations of Law". As correctly noted in the abstract to this publication, the degree of transformation of moral, legal and other values is so high that social science has no other way but to return to its conclusions and look for new and better solutions. Purpose. To conduct an in-depth comparative legal analysis of Professor G. V. Maltsev's fundamental monograph "The Moral Foundations of Law", which includes key provisions that reveal the essence of his theoretical ideas about the moral foundations of law. Theoretical Basis. The significance of this work by the famous legal scholar G. V. Maltsev cannot be overestimated. At the same time, the voluminous publications on the same subject that have appeared in recent years have passed by the above-mentioned monograph, which to a certain extent impoverished and logically lowered the level of their content. In this regard, this article focuses the attention of researchers of the problems of law and legal awareness, as well as legal thinking in their inherent relationship with morality, religion and other social regulatory systems, on the need to comprehend the ideas that are substantiated in the work of G.V. Maltsev. We believe that this will contribute to the emergence of high-quality publications and the development of original approaches to the development of this important area of social life.
Constitutional culture of justice: balancing judicial review and law-making dimensions
Introduction. The doctrinal understanding of the phenomenon of the constitutional culture of justice requires referring to judicial activity as one of its sources and, at the same time, the sphere of implementation. In this regard, it is of particular importance to consider the specifics of the legal nature of the legal positions of the supreme courts, in particular the Constitutional Court of the Russian Federation, as special sources of law enforcement, as well as to clarify the place and role of judicial practice in the modern legal system of Russia. Purpose. The disclosure of the substantive and functional characteristics of the constitutional culture of justice, the definition of its importance for strengthening constitutional stability, maintaining public confidence in the court and forming value orientations for the activities of the judiciary in the Russian Federation, as well as an analysis of the activities of the Constitutional Court of the Russian Federation, whose legal positions are key means of forming and developing the constitutional culture of justice. Methods. Systematic, formal-legal, historical-legal, comparative-legal and axiological methods were used. Their application made it possible to consider the constitutional culture of justice as a multidimensional phenomenon combining the legal and value aspects of the functioning of the judiciary. The use of an integrated and interdisciplinary approach made it possible to analyze this phenomenon not only from a legal, but also from a sociological and cultural point of view. Results. The conducted research has shown that the constitutional culture of justice is a key element of the modern legal system, providing a link between the norms of the Constitution and their practical implementation. It is established that through constitutional justice, stable value orientations of judicial practice are formed, expressed in ensuring the principles of justice and equality. Thus, the constitutional culture of justice acts as a tool for strengthening public confidence in the judiciary and a factor in the constitutional stability of the state. Conclusions. The constitutional culture of justice is a set of legal, institutional and value attitudes that determine the nature and specifics of judicial power and judicial activity in the state. The key to characterizing the constitutional culture of justice is the question of its sources, among which a special place belongs to the highest judicial authorities. A relatively independent problem in this regard is the clarification of the legal nature of such an atypical source of law enforcement as constitutional judicial practice. The special significance of the decisions of the Constitutional Court of the Russian Federation, which are of a doctrinal nature, lies in their influence on the legal formulation of cultural value orientations of legislative and law enforcement activities. The legal positions of the Constitutional Court, presented at the level of constitutional and judicial interpretation, recommendations to the legislator and constitutional explanations, require independent consideration in terms of assessing their impact on constitutional culture. The legal nature of the decisions of the Constitutional Court of the Russian Federation as special sources of law enforcement is characterized by a combination of regulatory and law-making aspects. The established practice of appeals to the Constitutional Court of the Russian Federation has predetermined the significant predominance of elements of concrete rather than abstract rule control in its activities, which actualizes the use of sociological approaches to understanding the specifics of constitutional legal proceedings.
Problems and prospects of improving the administrative and legal regulation of the exercise of citizens' electoral rights in the Russian Federation
Introduction. The article discusses the problems and directions of improving the administrative and legal regulation of the exercise of citizens' electoral rights in the Russian Federation. The relevance of the topic is due to ensuring legality, transparency and public confidence in the electoral system. The author emphasizes that effective administrative and legal regulation is a system–forming element of the functioning of democratic institutions and a guarantee of the political equality of all citizens. The purpose of the study is to comprehensively analyze the problems of the current administrative and legal mechanism for the exercise of electoral rights and to determine the directions for its modernization in the context of digitalization of elections and transformation of public administration. The theoretical basis of the research is based on the works of S.A. Avakian, V.A. Zyuzin, A.I. Strakhov, T.Yu. Frolova and other researchers, and the provisions of the Constitution of the Russian Federation and federal laws on the protection of electoral rights are applied. Results. The analysis revealed key deformations of law enforcement: difficulties using AI-generated images; non-proliferation of signature collection at the federal level through the Gosuslugi portal, and others. The author's criticism of the existing norms is presented, and the need to improve administrative and legal regulation is argued. The author puts forward conceptual proposals for improving administrative and legal regulation and increasing the openness of electoral procedures in the context of democratic development of society. Conclusions. It is proved that strengthening guarantees for the exercise of citizens' electoral rights requires a comprehensive modernization of administrative and legal institutions, strengthening judicial control and developing legal education for the entire population. The implementation of the proposed measures will ensure a balance of public and private interests, the stability of democratic institutions, and increased public confidence in elections.
Analysis of legal mechanisms to overcome the difficulties that arose with the completion of the international tax reform carried out by the Organization for Economic Cooperation and Development at the global level
Introduction. The article provides a scientific analysis and comprehension by the author of a set of new and complex problems of overcoming the difficulties that have arisen with the completion of the global tax reform carried out by the Organization for Economic Cooperation and Development (OECD) since 2021. The reform provides for a change in the distribution of global profits generated by multinational enterprises (they are more often referred to as "multinational corporations") in the jurisdictions where they conduct business (in the tax rules, this is referred to as the jurisdiction of presence). The tax reform also provides for a change in the procedure for collecting global corporate tax on profits of multinational enterprises (MNPs). The article presents the author's version of the unified international approach developed by OECD experts to the procedure for collecting this tax under a differentiated taxation system. Purpose. To identify the reasons why the payment of global corporate tax by multinational enterprises under the new taxation rules and their implementation of the GLS rules proved difficult for them, as well as for the jurisdiction of their presence, which eventually led to the postponement of the completion of the International Tax Reform. Methods. The methodological basis of the research is a set of scientific research methods used to achieve scientific goals: general scientific methods of cognition, as well as analytical, dialectical, systemic, functional and others. In the course of the research, special methods such as historical, comparative law, formal law, and others were also used. The combination of all these methods allowed for a comprehensive and multidimensional analysis of an important institution of international tax law, the International Tax Reform carried out by the OECD. The study was conducted using the following legal instruments: a multilateral analysis of tax categories, the method of "soft law regulation", forecasting prospects for the development of the studied tax institutions. Results. The author provides evidence on the timeliness and usefulness of the international tax reform carried out by the OECD at the global level to strengthen the global tax order. Convincing arguments have been made in defense of the differentiated procedure for collecting global corporate tax on profits of multinational enterprises introduced by the OECD. The author's assessment of the role of global tax rules in MOLDOVA in the distribution and regulation of tax rights and obligations of states is given. Conclusions. The results obtained in the course of the study led to the conclusion that the advantage of international tax reform is the establishment of a differentiated global corporate tax rate, determined depending on the profits and profitability of multinational enterprises. The analysis carried out by the author allowed us to confirm that a project developed by the OECD is a more acceptable option for states to tax the profits of multinational enterprises, rather than introducing unilateral measures (digital taxes). Based on the results of the conducted research, confirmed by the financial reports of the states, as well as taking into account the results of the forecast about the receipt of real benefits by the states, the author came to the conclusion that it would be advisable not to introduce digital taxes by the states in their countries, but to join the global tax rules developed by the OECD Inclusive Structure.
Intellectual property in private international law: issues of conflict of laws regulation, unification and harmonization
Introduction. Intellectual property has become one of the key assets of the global economy in the 21st century. Its cross-border nature, due to the international division of labor, digitalization and widespread use of IP objects on the Internet, comes into fundamental conflict with the territorial principle that historically underlies its legal protection, which creates difficulties in conflict-of-laws regulation. Conflict of laws issues in private international law are resolved both at the level of national conflict of laws regulation and at the international level. A special place is given to such key processes as the unification and harmonization of law. Purpose. The article provides a comprehensive analysis of the current state of conflict-of-laws regulation of relations in the field of intellectual property, as well as the role of international unification and harmonization in overcoming legal uncertainty in the context of the growing cross-border exchange of intellectual property rights (IP). Methods. The work uses general and special methods of scientific knowledge: the method of systematic and logical analysis, formal legal, historical, legal and comparative legal methods. Results. In the digital age, the territorial principle faces a special problem: the use of an IP object on the Internet is by its nature cross-border and ubiquitous. A violation initiated in one jurisdiction can instantly cause harm in dozens of others. This raises difficult issues of localization of the violation and determination of the applicable law. There are three main groups of IP relations that need conflict-of-laws regulation: intellectual statute (recognition, effect, scope of IP rights); contractual obligations from IP rights; non-contractual (tort) obligations related to the violation of IP rights. National legislation demonstrates, as a rule, the fragmentation of conflict-of-laws regulation; attempts at international unification face insoluble contradictions in the approaches of States to the conflict-of-laws issue in the field of IP. The processes of international harmonization are becoming a tool for overcoming these contradictions. Conclusions. Conflict-of-laws regulation of relations in the field of intellectual property is in a state of dynamic development due to the contradiction between the territorial nature of rights and the extraterritorial nature of their use. International harmonization has become a significant vector in the development of private international law in the field of intellectual property. The incompleteness of interstate unification initiatives was offset by the productive work of the expert community on the creation of private law codifications. They have formed a full-fledged regulatory model offering specialized approaches to all key categories of private law relations in the field of IP. National legislation, including Russian legislation, demonstrates a mixed approach, combining substantive legal norms with fragmented conflict-of-laws regulation; in the future, we can expect convergence with the approaches proposed in the harmonization acts.
Promotion of the national system of value-based civilizational development of Russian family law
Introduction. The article discusses ways to integrate a value-based civilizational approach into the family law of the Russian Federation. The emphasis is placed on the key role of the family in the Russian civilizational model and on the methodological significance of taking into account traditional spiritual and moral values in law-making. The purpose of the study is to develop proposals for improving the mechanism for promoting the national system of value–based civilizational development of Russian family law. Methods. The methodological basis of the research civilizational-value, which allowed taking into account the unique cultural and historical features of the Russian legal system. The article analyzes modern scientific works examining the essence of traditional family values in Russian society. Results. It has been established that the family in the Russian civilizational model has the status of an absolute value, and its legal protection should be implemented based on the traditional spiritual and moral values of society. The following initiatives have been proposed: incorporating a valuebased civilizational approach as a methodological and axiological basis in strategic documents defining the directions of family policy in the Russian Federation; supplementing paragraph 3 of Article 1 of the Family Code of the Russian Federation with principles expressing traditional values; enshrining the priority of protecting traditional family values in the conceptual foundations of family legislation; implementing a digital content certification system for children based on traditional values, designed to protect the younger generation from destructive information influences; and creating a mechanism for interdepartmental coordination of government bodies in the sphere of family policy and education, ensuring the coordinated promotion of values in the regulatory framework for the family. Conclusions. Strengthening the traditional foundations of family law through a value-based civilizational approach will contribute to the consolidation of society, the protection of the interests of family and children, as well as the implementation of strategic national priorities in the demographic and socio-moral spheres. The results obtained can be used to improve legislation on family and information security of children, and to form a state family policy based on the spiritual and moral values of Russian society.
The concept of traditional family values in Russian law: reasons for absence, problems, prospects
Introduction. A human being, regardless of the level of development of a particular individual, tends to attach value to certain objects of a tangible or intangible nature. According to the definition of Ozhegov's Explanatory Dictionary, "value" is a multifaceted concept that has, among other things, a philosophical character. Thus, value is the "non-verbalized "atomic" components of the deepest layer of the entire personality structure." Of course, this definition is not the only one, the intangible nature of value can be described much more simply and briefly, but it is this definition of value that attracts our attention in the context of this study. Purpose. The purpose of the research is to establish the reasons for the absence of a definition of traditional family values in the legislation of the Russian Federation, given the current state policy in the field of family support and the apparent focus of legal norms on elevating the authority of traditional family values. The research also aims to outline further prospects for the development of domestic law in this area, as well as to raise questions and formulate tasks that must be addressed by the legislator in improving the legal regulation of family relations. Methods. The analysis method was used by the authors when studying the state policy in the field of supporting family and marriage institutions, focusing on the moral and ethical aspects of family relations and traditional family values. The synthesis method was applied to illustrate the problem of the absence of a definition of traditional family values in Russian law, despite the perceived need for its formulation and implementation in legislation to specify and coordinate law enforcement practice. The authors’ use of the synthesis method is reflected in the generalization of diverse data (content of federal and regional legal acts, scientific doctrine data, statistical information, and law enforcement practice materials), which together provide the most comprehensive «portrait» of the problem addressed in this work. The comparison method was also implemented in studying the order of legal regulation of family relations and actual marital relations in historical retrospect, contrasting it with the current legal order of the Russian Federation. The use of induction and deduction methods allowed the authors to hypothesize about the lack of interest by the Russian legislator in forming the concept of traditional family values and the possible objectivity and validity of this position. These methods were also applied when formulating the conclusions of this work and posing questions about the future prospects of domestic legislation. Results. The imperfections in the legal regulation of family relations are clearly evident, particularly given the emerging need to regulate the moral dimension of societal life and to increase public interest in entering into family relationships – relationships whose foundation should be built upon traditional spiritual values. Attempts to establish legal regulation of this aspect of family relations – aiming not only to govern their external manifestations but also their internal dynamics – inevitably encounter the challenge of striking a competent and effective balance between tradition, contemporary realities, and societal attitudes towards issues of family, marriage, and procreation. The range of obstacles to establishing state regulation in this sphere of social life – as identified through analysis of theoretical frameworks, law-enforcement practice (primarily judicial), and sociological research materials – appears to the authors to be extensive. These obstacles require thorough examination in light of all the circumstances and factors involved, which, the authors argue, have a negative impact on ensuring legal protection for the institution of the traditional family. Conclusions. The realities of social life, according to the authors, create conditions necessitating further improvement of national legislation norms. However, the pathways for such improvement remain rather uncertain. Given the plurality of approaches to defining traditional family values and the divergence in views among law enforcers – whose actions should align with the current state policy on protecting and upholding family values (which, it should be noted, is still in its early stages of development) – the future prospects for enhancing the Russian legal order are unequivocally acknowledged by the authors as existing, yet they require a thoughtful balance between the realization of state objectives and public interests. The very category of «traditionality» must be examined in greater detail by the legislator. This would represent merely one of the initial steps already undertaken towards reviving, elevating, and strengthening the authority of family, marriage, and parenthood.
And again about the accusatory bias of Russia's criminal justice system
Introduction. There is no more indisputable issue in the Russian science of criminal procedure than the existence of an accusatory bias in the criminal proceedings of the Russian Federation. The basis for this statement is the long-standing judicial practice, according to which the courts issue less than 0.5% of acquittals from the total number of criminal cases considered. Purpose. To conduct a comparative analysis between the two models of the criminal process: 1) mixed (established in Russia) and 2) accusatory-adversarial (Anglo-Saxon). Theoretical Basis. The number of acquittals in Anglo-Saxon criminal proceedings is significantly higher than in Russian criminal proceedings. The courts of the Anglo-Saxon system issue more acquittals than the courts of the mixed model of criminal proceedings because there is no rigidly formalized preliminary investigation in the Anglo-Saxon criminal process. In the vast majority of cases in the Anglo-Saxon trial, the prosecution and the defense make a deal: the accused admits his guilt, and the prosecutor for this removes part of the charge or reclassifies it to a less serious one. In this case, the judge in his verdict only certifies the existence of the transaction and the amount of punishment. In Russia, a large number of acquittals means that many innocent people are involved as defendants and appear as defendants in court proceedings, which contradicts the purpose of criminal proceedings, which presuppose the refusal to prosecute innocent people (Part 2 of Article 6 of the Code of Criminal Procedure). This statement should not be understood as a call to abandon the imposition of acquittal sentences in general. Criminal proceedings, like any other activity, cannot be without errors, but their percentage should not be large. Results and conclusions. The accusatory bias of Russian criminal proceedings should be eliminated, but not by switching to the Anglo-Saxon adversarial model, which is inconsistent with the traditions of the domestic criminal process. It is necessary to ensure that comprehensive, complete and objective research is conducted and that those who have actually committed crimes are brought to justice, which will be consistent with the purpose of Russian criminal justice. Acquittals are one of the most important indicators of fair justice and a guide for analyzing mistakes made by investigative bodies.
The concept and types of punishments under the criminal legislation of the Slovak Republic
Introduction. The institution of criminal punishment is a complex phenomenon that not only formalizes the types and measures of responsibility for criminal acts, but also serves as an indicator of dominant value orientations and social priorities in a particular society. In this regard, studying the experience of foreign countries provides an opportunity not only to get acquainted with foreign criminal legislation, but also to learn more about domestic criminal legislation and improve it. The presented article is devoted to the analysis of the concept of punishment and its types in the criminal legislation of the Slovak Republic. It discusses the main provisions governing the appointment and execution of punishments, as well as the classification of punishments depending on their purpose and nature. The article also analyzes the specifics of certain types of punishments provided for by the Criminal Code of the Slovak Republic in their comparison with domestic criminal legislation. Purpose. The purpose of the presented research is to comprehensively study the concept of punishment and its types in the context of the criminal legislation of the Slovak Republic, which involves analyzing the main provisions of the Criminal Code of the Slovak Republic, criminal law doctrine, as well as identifying problems and prospects for the development of the Slovak penal system. Methods. When conducting a study of the institution of punishment in Slovak criminal legislation, a set of generally accepted scientific research methods was used, including such general scientific and private scientific methods as: a logical and structural method for analyzing legal norms, which made it possible to systematize the studied material, reveal the essence of punishment, its goals and types; a comparative historical method, thanks to which continuity in development was established. institute of punishment by comparing the current Criminal Code of the Slovak Republic of 2005 with the norms of the Criminal Code of Czechoslovak Republic of 1950.; а comparative method that was used in the comparative analysis of domestic and foreign experience, which made it possible to identify common features and national characteristics. Results. The author critically evaluates the approach presented in the criminal legislation of Slovakia regarding the indication in the sanctions of articles of a special part of only one type of punishment – imprisonment. Attention is drawn to the fact that the appointment of alternative types of punishment solely on the basis of judicial discretion allows the court to perform, in fact, the functions of a legislator, which erodes the principle of separation of powers, which is constitutionally enshrined. In this regard, the approach of the domestic legislator seems more acceptable, which directly provided for the possibility of imposing various types of punishments in the sanctions of the articles of the Special Part, which reduces the risk of judges exceeding their powers. At the same time, the author emphasizes the positive side of the existing Slovak criminal legislation, noting progressive steps towards the humanization of punishments and the introduction of alternative ways to correct the behavior of criminals. Conclusions. A study of criminal punishment has shown significant similarities in the regulation of this institution in Slovak and Russian criminal law. The key similarities relate to the fundamental concepts and principles underlying both legislations: the concept, objectives and system of punishment – these basic categories are interpreted almost identically. The inevitability of punishment, the need for an individual approach to choosing punishment depending on the identity of the perpetrator, the circumstances of the crime, and the recommendation for the maximum possible imposition of non–custodial punishments - these international standards have also found their way into the current Slovak and Russian criminal laws.
Criminally prosecuted person: concept, types, legal status
Introduction. The study of the activity of exposing a person in a committed crime determines its content of the relationship between the process of proving the commission of a crime by a specific person and his legal status. In this regard, it is important to refer to the scientific provisions of the theory of evidence and criminology regarding the periodization of the crime investigation process. Purpose. To consider the content of criminal prosecution as an activity aimed at exposing a person in the commission of a crime, as well as to substantiate the relevance of highlighting the stages of criminal prosecution in relation to the legal status of the prosecuted person at each stage. Methods. The methodological basis of the research consists of the formal legal method, the comparative legal method, a systematic approach to the study of judicial practice of the Constitutional Court of the Russian Federation, structural, functional and activity-based approaches. Results. As a result of the conducted research, three key stages of criminal prosecution have been identified.: 1) the stage of identifying the person who committed the crime; 2) the stage of exposing the suspect; 3) the stage of exposing the accused. The author's definitions are formulated for each stage, reflecting the specifics of procedural activity at various stages of criminal proceedings and allowing to differentiate the legal status of a person being prosecuted. The legal status of the persecuted person has been determined at the initial stage in the meaning of "suspected person". The introduction of a new concept of "criminally prosecuted person" is proposed, the definition and composition of subjects are formulated. The consideration of criminal prosecution in a broad sense, carried out through criminal procedural and operational investigative activities, is justified. The concepts of "criminal procedural prosecution" and "operationalinvestigative prosecution" have been introduced. Conclusions. The proposed approach to the content of criminal prosecution can serve as a theoretical and legal basis for optimizing the mechanism for ensuring guarantees of individual rights at all its stages. Considering criminal prosecution in a broad sense allows us to make the results of various studies of the rights of criminally prosecuted persons more generalizable and applicable.
Criminal law policy in contemporary Russia: issues of criminalization and decriminalization
Introduction. The criminal law policy of any state is a consequence of the main directions of policy in a global sense. In recent decades, there has been a trend where the legislator criminalizes and decriminalizes a number of criminal acts, and then returns the previously existing norms to their original state. There is also an artificial increase in criminal law norms in the same area, which is not always appropriate. The authors of the article examine the aforementioned processes in detail and identify their positive and negative aspects. Purpose. A comprehensive analysis of the processes of criminalization and decriminalization taking place in the criminal law policy of the Russian Federation. Theoretical foundations. Methods. The theoretical basis of the research was made up of scientific articles, statistical reports of government departmental structures, materials of judicial and investigative practices. The methodological basis is made up of commonly used scientific research methods, the application of which determines the choice of systemic, activity-based, functional and interdisciplinary approaches to the study of an urgent problem. Results. The main forms of implementation of criminal law policy today are law-making, law enforcement and legal culture. Each of the listed forms is a reflection of the state policy and expresses its orientation. A lack of understanding on the part of government officials of the true meaning of criminal law as such can provoke adverse phenomena in society (marginalization of the population, an increase in the number of prisoners, etc.), which is unacceptable. Today, such processes are taking place in states with excessively strict government policies. For small states, it is typical that preventive measures are not so much based on criminal legislation, but rather on measures taken by the state, such as technical measures (installation of surveillance cameras on all streets). Conclusions. Based on the conducted research, the authors note the objective necessity of bringing the administrative and pre-judicial norms contained in the criminal law to a common denominator. Thus, the authors of the article propose placing the following wording in the disposition of the relevant articles of the criminal law: "committed by a person who has been administratively punished for a similar act or has a criminal record for committing a crime under this article."
Civilian weapons as a guarantor of respect for basic human rights in society
Introduction. The right to necessary defense, which has its roots in natural law doctrines and Roman law, remains an important civilizational reference point. Modern Russian legislation, by enshrining this right, legitimizes the active protection of the individual from illegal encroachments as an indisputable principle of justice. Therefore, necessary defense is not just a legal norm, but an embodiment of the eternal idea that the law protects the right to live honestly, not to harm others, and to "suum cuique tribuere," which means to give everyone their due. In the context of defense, it's not about revenge, but about restoring justice. Purpose. To carry out an analysis of the solution of modern problems in ensuring the security of society and the state as a whole through the institution of necessary defense, as well as to consider the prospects of its development and the removal of shackles. The theoretical foundation is based on the works of N.V. Reingardt, A.F. Koni, A.O. Kistyakovsky, V.D. Spasovich, and N.D. Sergeevsky. These authors form the golden fund of Russian criminal law thought, creating a solid and profound theoretical foundation. The classical Russian school of criminal law, embodied by these thinkers, is based on a triune foundation: humanism, legal precision, and judicial service. They were united by the idea that the law is not a tool of punishment, but a tool of justice that protects society. Results. A systemic problem in the doctrine has been identified. Modern criminal law theory demonstrates a shift in emphasis from protecting the victim to protecting the rights of the offender. Negative social consequences have been established. Theoretical imbalances lead to destructive effects. The inadequacy of the discriminatory approach has been substantiated. Positive directions have been formulated. The study proves that the right to effective defense is a logical extension of the constitutional right to protect life. Conclusions. In this article, it is proved that: 1. Modern authors create an emphasis on the “adverse consequences for the attacker” and constant warnings about “abuse of the right”, which creates a paradoxical and vicious logic in criminal law. There is a shift in the protection of rights from the victim to the offender. 2. It creates a “paralysis of courage” among citizens. The opinion of modern authors creates a logical error: the criminal acts instinctively and aggressively, while the victim must act calmly and in accordance with the Criminal Code. This psychologically paralyzes the will to resist. 3. The "audacity of predators" is encouraged. The legal nihilism of criminals is directly fueled by such questionable views. Public opinion about the necessity of self-defense and the danger of using one's rights for their intended purpose directly affects the perception of impunity among offenders. 4. Discrimination based on ownership occurs. It is incorrect to consider all gun owners potential criminals a priori. 5. The right to effective defense. This is the central legal argument. If the State recognizes the right to life protection, then it is logical that a citizen should have access to effective means for this protection. 6. The practical value of owning civilian firearms for the interests of society and the state. These theoretical and practical constructions need to be improved, due attention should be paid, and explanatory measures should be carried out with citizens.
Scientist, patriotic slavist, forced emigrant, or About the 150th anniversary of Fyodor Taranovsky
Introduction. On May 24, 2025, it was the 150th anniversary of the birth of Fyodor Vasilyevich Taranovsky. Fyodor Vasilyevich Taranovsky's invaluable contribution to the field of historical law is his study of Russian and Slavic law (primarily Serbian law, later Yugoslav law). In honor of the anniversary of this scholar, who once worked in Belgrade, the Faculty of Law at the University of Belgrade held an international conference on May 24-25, 2025. During the conference, many graduate students and professors from various countries spoke in honor of Fyodor Vasilyevich Taranovsky, especially from Serbia and Russia. Purpose. Analysis the historical and legal studies published by F. V. Taranovsky in exile between 1920 and 1936. Methods. The research is based on general scientific and specific scientific methodological tools: historical and legal method, system analysis, dialectical method, method of actualization, sociological and comparative legal methods. The article also uses description and generalization on the research topic. Results. The article examines the memoirs about F.V. Taranovsky, the materials of the conference held in honor of the 150th anniversary of his birth, and the main scientific works of F.V. Taranovsky written and published during his years in exile. The article provides an author's interpretation of the relevance of the comparative historical method and the concept of integral Slavdom developed by F.V. Taranovsky. Conclusions. The article proves that Fyodor Taranovsky's historical and legal legacy is undeservedly not in demand in Russian science, especially considering his contribution to the development of Slavic law.
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