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North Caucasus Legal Vestnik

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The scientific journal «North Caucasus Legal Vestnik» has been published since January 1997. The journal is devoted to the study of problems in the field of theory and history of state and law, the history of political and legal doctrines, constitutional and municipal law, civil, business, private international law and civil procedure, criminal, penal enforcement law, criminology, criminology and criminal procedure, administrative and service law, administrative justice, labor law, environmental law, It ensures the integration of representatives of legal science into a single scientific community and forms a discussion platform on the most pressing issues of the Russian national legal system, comparative law, and the development of legal education. The journal is included in the List of peer-reviewed scientific publications of the Higher Attestation Commission under the Ministry of Education and Science of the Russian Federation, in which the main scientific results of dissertations for the degree of Candidate of Sciences, for the degree of Doctor of Sciences in scientific specialties (category K2) should be published:

  • 5.1.1. – Theoretical and historical legal sciences (legal sciences);
  • 5.1.2. – Public Law (state law) sciences (legal sciences);
  • 5.1.3. – Private law (civil law) sciences (legal sciences);
  • 5.1.4. – Criminal Law Sciences (legal sciences);
  • 5.1.5. – International legal sciences (legal sciences).

Current issue

No 3 (2026)

ПРОБЛЕМЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА

9–24 7
Abstract

Introduction. Artificial intelligence is a new digital reality that has emerged, which inevitably changes our existing reality. Technologies are rapidly and actively penetrating the legal field. But along with this process, various technical, ethical and legal problems arise.

Purpose. To identify the current problems of compatibility of artificial intelligence with law and legal consciousness, as well as to identify areas of work in the field of regulatory regulation of the development and use of artificial intelligence.

The theoretical and methodological basis of the work was the analysis of current legislation in the field of artificial intelligence regulation, the works of domestic researchers in the field of research on the development of artificial intelligence in Russia and abroad.

Results and conclusions. It is shown that the Russian Federation, like other leading powers, faces the need to develop stable and balanced methodological solutions in the field of law in relation to algorithmic systems. The author suggests the following areas of work in the field of legal regulation of the development and use of artificial intelligence:

1. Development of scientific discussion on the problem of legal regulation of artificial intelligence; active interdisciplinary discussion with the participation of lawyers, specialists in artificial intelligence, ethics, as well as philosophers and experts in socio-economic issues.

2. Careful study of the existing foreign experience of standard-setting activities in this field.

3. Active involvement of business representatives in the process of creating various regulatory legal acts and documents regulating the creation and development of artificial intelligence.

4. The development of clear standards that establish that algorithms should be unbiased, safe and exclude elements of discrimination, and the person retains final control over the decision-making process.

5. Protection of personal data by the state through data anonymization systems and the establishment of a mechanism to control information leaks.

6. The legal consolidation of the provision that the developer or operator is responsible for the damage caused by the artificial intelligence algorithm. In parallel, it is necessary to define the legal regime for the content created by AI.

7. Government protection of citizens' digital rights, which should be as basic as social or labor rights. 8. Creation of an effective mechanism for establishing and ensuring a clear legal framework on the part of the state for the safe use of AI in the search for a balance between innovation and responsibility.

25-39 8
Abstract

Purpose. The purpose of this study is to determine the place of the emerging institute of artificial intelligence (AI) in the system of public law institutes and to identify its correlation with the institute of administrative procedures in relation to the preparation and adoption of individual (non-normative) administrative acts by executive authorities and other public administration bodies. The subject matter is deliberately limited to positive administrative proceedings, including licensing, registration, public service and certain non-delict control procedures. Proceedings on administrative offences and administrative litigation are used only as adjacent material for analysing the reasoning and reviewability of an act and are not equated with administrative procedures.

Methods. The research is based on general scientific methods (analysis, synthesis, systematic approach) and specialized legal methods – formal-legal, comparative-legal, systematic-structural. The formal-legal method was used to study the regulatory legal acts of the Russian Federation governing the creation and application of AI in the public law sphere. The comparative-legal method was used to compare the Russian approach with the approach of the European Union as an international association that adopted the first systematic act on AI regulation. The systematic-structural method made it possible to determine the place of the AI institute in the system of public law institutes.

Results. It was established that the AI institute in public law is complex not because AI rules are mechanically dispersed among different legal acts, but because the regulated relations, special concepts, common guarantee function and need for cross-sectoral coordination are unified. The correlation between the AI institute and administrative procedures is analysed in relation to individual administrative acts. Two types of legal defects are identified. The first is a legal gap: the absence of special rules governing the preparation of such an act with the use of AI and the review of the unreasonableness of an algorithmic conclusion. The second is a legal conflict in a broad sense: the tension between the requirement to give reasons for an act and the technical opacity of some machine-learning models. A distinction is made between automated recording of legally significant events (Article 28.6 of the Code of Administrative Offences of the Russian Federation) and automated preparation of an administrative decision.

Conclusions. The AI institute in public law is an emerging complex cross-sectoral institute. Its correlation with administrative procedures requires the consolidation of two groups of rules: procedural rules on indicating the fact of using AI in the preparation of an individual administrative act, on requirements for algorithmic transparency and on the possibility of challenging an algorithmic conclusion; and classification rules distinguishing permissible and impermissible areas of AI application in public authority activities according to the level of risk. The conclusions directly concern individual administrative acts; the use of AI in departmental rule-making requires separate research.

40-54 7
Abstract

Introduction. The relevance of the study is determined by the tension between the abstract valuebased content of legal principles and the need to establish verifiable requirements for artificial intelligence (AI) systems. The extent to which the content of a principle may be translated into technical parameters without replacing it with a predetermined rule remains an open question in legal theory.

Purpose. To determine the procedure and limits of the technical concretization of legal principles in AI regulation.

Theoretical basis. The methodology combines formal legal, comparative legal, systemic structural and formal logical methods.

Results. The study distinguishes between substantive principles protecting individual rights and values and safeguard principles ensuring the verifiability and contestability of algorithmic decisions. Technical concretization is defined as the legally mediated translation of particular normative projections of a principle into requirements for the data, procedures and outputs of an AI system. Articles 3 and 64 of the Russian Labour Code are used to identify gaps between the prohibition of discrimination and its technical and procedural enforcement in algorithmic recruitment. A typology of the results of concretization according to their degree of technical formalizability is proposed. Structural-logical, axiological and epistemic-technological limits are identified. Statistical disparity between groups is shown to constitute not proof of discrimination but grounds for a rebuttable presumption and a duty to disclose selection criteria. An institutional mechanism is proposed that includes shifting the burden of proof, adversarial examination of expert evidence and model maps for selecting fairness metrics. The article specifies which elements may be tested within experimental legal regimes and which require amendments to labour and procedural legislation.

Conclusions. Technical concretization can cover only particular normative projections of a principle, while the final legal assessment of competing values in legally significant decisions requires meaningful human oversight.

55-67 41
Abstract

Introduction. The article presents the results of a study of the development of anthropocentric approaches in Russian philosophical and legal thought, the doctrinal systematization of which can serve as a methodological and axiological basis for transforming the competence based model of a lawyer towards the «lawyer-architect», the key method of which should be the reintegration of various regulators of social relations in the context of digital reality. The conclusion is drawn that it is necessary to incorporate the achievements of legal anthropology into the methodological toolkit of a lawyer. The author attempts to substantiate the need to overcome the epistemological bias in the methodology of law and shift towards its praxeological function. The approaches proposed in the article make it possible to adapt the legal profession to the technologization of society and to build a sovereign, value rich domestic model of legal engineering.

The aim of the study is to develop and provide a theoretical and methodological justification for a new competency model of a «lawyer-architect» in the context of the principles of legal anthropocentrism, legal anthropology, and the axiological heritage of domestic philosophical and legal thought.

Materials and methods. The theoretical foundation of the study is based on the fundamental works of domestic and foreign researchers in the fields of philosophy and history of law, methodology of law, and legal anthropology (B.N. Chicherin, O.A. Puchkov, V.N. Sinyukov, D.A. Pashentsev, E. Anners, and others), as well as the latest conceptual developments in the field of legal design and anthropocentrism (R.Z. Makhmadiev, S.Yu. Kashkin).

The methodological basis of the work is the principles of interdisciplinarity and the combination of theoretical-legal and applied (legal-technical) knowledge. The key research methods used were: praxeological and axiological methods, the method of comparative legal analysis, the ontological approach, and general scientific methods.

Results. The axiological and ontological crisis of the paradigm of the competence-based model of the “lawyer-craftsman” is revealed in the face of modern challenges and the latest technologies, including generative AI. In the context of the growing complexity of the normative structure of society, law has shared the regulatory space with software code (“Code as Law”), platform algorithms, and network ethics. The model of the «lawyer-architect» is conceptualized as a reintegrator of various regulators of social relations in the context of the digital revolution. Requirements for the anthropological modernization of legal education have been formulated.

Conclusions. The paper substantiates the need to transform the methodology of law from a predominantly epistemological (contemplative) focus towards ontological and praxeological functions. As an axiological basis for the modern lawyer’s understanding of law, it is proposed to establish the principles of legal anthropocentrism, based on the values of the national cultural, legal, and philosophical tradition, which, in the author’s view, can serve as a methodological shield for the autonomy of the individual in the era of digital dehumanization.

ПРОБЛЕМЫ ИСТОРИИ ПРАВОВОГО РЕГУЛИРОВАНИЯ В СОВЕТСКОМ ОБЩЕСТВЕ

68–79 9
Abstract

Purpose. This study provides a comprehensive historical and legal analysis of the normative foundations of the Soviet model of standardization and ensuring the safety of goods, works, and services during the period 1917–1991. The research aims to identify stages in the formation of the state standards system, institutional mechanisms for their implementation, and legal means of ensuring product quality and safety under the planned economy.

Methods. The study employs historical-legal, formal-legal, and comparative-legal methods. The source base includes normative legal acts of the Soviet state (decrees, resolutions of the Council of People's Commissars and the Council of Ministers of the USSR, decrees of the Presidium of the Supreme Soviet, departmental acts of Gosstandart), archival materials, and scholarly literature on the history of standardization and quality management. A chronological approach was applied, identifying four main periods of Soviet standardization development.

Results. It was established that the Soviet standardization system evolved from individual decrees on the metric system (1918) and export goods standardization (1923) to the creation of a comprehensive State Standardization System (GSS, 1968) covering all sectors of the national economy. A unique feature of the Soviet model was identified: the absence of a parliamentary law on standardization throughout the entire existence of the USSR, while simultaneously granting state standards the force of law. Legal mechanisms for ensuring product safety were analyzed, including criminal liability for the release of substandard goods, the state supervision system, and the Gospriemka experiment (1986–1990).

Conclusions. The Soviet standardization model represented a unique legal construction based on the total mandatory nature of standards and criminal sanctions for their violation. Despite significant technical achievements, the system could not overcome the systemic contradiction between the planned character of the economy and quality assurance objectives. The USSR Law 'On Consumer Rights Protection' (1991), which for the first time established mandatory product certification, never entered into force due to the dissolution of the USSR, but served as the basis for subsequent Russian legislation.

80–90 8
Abstract

Introduction.

The article proposes a structural model of the legal mechanism for protecting the foundations of the state system of the USSR (1946-1991), combining formal-legal and political-ideological regulators into an integral system. The relevance of the study of the Soviet experience is due to modern discussions about the permissible limits of combining legal and political means in ensuring state security.

The purpose of the article is to develop a structural model of the legal mechanism for protecting the foundations of the state system of the USSR, which makes it possible to substantiate the internal organization, features of its functioning and the interaction of structural elements.

Methods. The methodological basis of the study was a systematic approach, which made it possible to identify stable connections between the levels and subsystems of the mechanism. The historicallegal method is used to identify the features of the structure of the legal mechanism in historical dynamics. The formal legal method is used to distinguish between formally defined legal regulations and evaluative norms. Using the method of legal modeling, a structural model of the legal mechanism for protecting the foundations of the state system of the USSR was built.

Results and conclusions. A structural model of the legal mechanism for protecting the foundations of the state system of the USSR is proposed, including normative and non-normative levels and law-establishing, institutional and functional subsystems connected by direct and feedback connections. The normative level sets the formal framework for the state’s protective activities; the non-normative level determines its actual content under the influence of political and ideological regulators. In the study, the structure of the legal mechanism of the foundations of the USSR state system is understood as a stable organization of this system, revealing the composition of its elements, their hierarchy and functional connections. The structural model can be used as a theoretical basis for a historical and legal study of the evolution of the legal mechanism for protecting the foundations of the state system of the USSR in 1946-1991.

PROBLEMS OF CONSTITUTIONAL AND ADMINISTRATIVE LAW

91–104 5
Abstract

Introduction. Currently, Russian legal scholarship remains dominated by a conservative and, to some extent, stagnant approach to understanding the form of government and its structural elements, which reflect the specific organization of public authority, primarily the highest organs of state power in the respective country. The identified elements of the form of government – the form of government, the form of state-territorial structure, and the political regime, along with their various types – represent stable legal constants ingrained in the minds of researchers. However, the dynamic development of statehood entails evolutionary variability in the form of government, and, consequently, the transformation of its constituent elements. Identifying new qualitative characteristics of the form of government allows us to view it differently, replacing the conventional view with a conceptually new one, more in line with the current level of development of legal understanding.

Purpose. To explore the essence of the form of government, the elements of which (form of government, form of state-territorial structure, and political regime) in their dialectical unity reflect the processes of centralization and decentralization of state governance, which are manifested in the specific features of the organization of public authority, including the distribution of powers among the highest organs of state power. It is precisely the processes of centralization (decentralization) that underlie the functioning of public authority in any modern state, which predetermines the characteristics of its form.

Methods. The theoretical and methodological basis of the work was formed by doctrinal approaches to the organization of the highest bodies of state power, as well as theoretical constructs of interaction between the highest bodies of power and administration, on the basis of which an idea of the form of the state is formed. Results and conclusions. Analyzing certain issues related to the functioning of public authorities in the Russian Federation and several other countries, both positive and negative aspects of centralization and decentralization in public administration are revealed. Examining public power relations in public administration, the conclusion is reached regarding the need to maintain a balance between centralization and decentralization processes, both vertically and horizontally. Combining and harmonizing centralization and decentralization processes will contribute to the creation of an optimal national model for a given country's form of government.

The study:

– argues that elements of the form of government are currently losing their former significance, as they are not independent elements, but rather serve as characteristics of the organization of public authority in a given state, demonstrating the degree of centralization or decentralization of public administration;

– develops a new conceptual approach to understanding the essence of the form of government, which is essentially equated with the form of government, on the basis of which the author proposes a definition of the latter;

– it is substantiated that the form of government reflects the processes of centralization or decentralization of public administration both vertically and horizontally, which determines the characteristics of the form of government and territorial structure. The article demonstrates that the form of government, expressed through the form of government, reflects the distribution of state powers both among central government bodies and between them and regional (local) ones, which, in turn, reflects the degree of centralization of public administration as a whole. An important conclusion reached in the study is that the correspondence between the form of government and its content is of considerable importance. This largely determines their harmonious interaction and facilitates the effective functioning of public authorities. In this regard, it is important to find an optimal relationship between the form and content of government that would reflect the balance of centralization and decentralization in public administration, taking into account national specifics.

105–115 8
Abstract

Introduction. The large-scale reform of the higher education system in our country, associated with the introduction of a new model of higher education levels, will undoubtedly require a review of the list of specialties and fields of study, as well as the adoption of new federal state educational standards that define the quality of education assessed within the framework of state accreditation. In light of the recent introduction of «regulatory guillotine» mechanisms in the field of education, approaches to implementing state accreditation procedures need to be reconsidered. This determines the relevance of studying the problems and prospects for the development of state accreditation as an institution that guarantees the provision of public services in the field of higher education while ensuring the proper quality of education.

Objective. An assessment of the legal regulation of state accreditation of higher education institutions to determine whether it meets the current requirements for ensuring the quality of education, and the development of recommendations for its improvement.

Methods. The work employs general scientific and special scientific methods (systemic, logical, functional, historical-legal, formal-legal, and comparative-legal). The materials include scientific works by Russian and foreign authors, as well as legislation in the field of education and a number of policy documents defining the directions of state policy in this area and in the field of self-regulation.

Results and conclusions. Based on a critical assessment of the existing legal regulation of the procedure for state accreditation, the author identified the shortcomings of the Russian system of state accreditation in the sphere of tertiary education and proposed directions for improving legislation in this area. The paper highlights the need to align accreditation indicators with the criteria for the quality of education. The author concluded that the labor market is not ready to differentiate education documents based on whether or not educational programs have state accreditation. The author has developed new approaches to regulating state accreditation in the field of higher education, based on replacing accreditation in state universities for their core educational programs with a more effective tool of intra-departmental control by the founding state bodies, transferring the functions of state accreditation of higher education to self-regulatory professional associations, and conducting a broader assessment of the quality of education during state control (supervision) in the field of education – based on modified indicators of accreditation monitoring that truly reflect the level of training and the creation of conditions for the high-quality acquisition of professional competencies.

116–126 4
Abstract

Goal. The purpose of this study is to identify the conflict between the policy of increasing administrative liability for violations of the migration regime in the Russian Federation and the protective norms of legislation on refugees and asylum seekers, including the principle of non-deportation, as well as the limits of application of Article 18.8 of the Code of Administrative Offenses of the Russian Federation to this category of foreign citizens.

Method. The study is based on an analysis of current federal legislation, including the Concept of the State Migration Policy of the Russian Federation for 2026-2030, the legal positions of the Constitutional Court of the Russian Federation, and the materials of the law enforcement practice of general jurisdiction courts. The study also focuses on the historical and legal analysis of the stages of the evolution of administrative and legal regulation of migration in Russia from the 1990s to the present.

Results. The paper shows that the transition of Russian migration policy from targeted repressive measures to a model of constant and digitalized control (registries, digital records, and so on) is explained both by economic expediency and by the demand of Russian society for more comprehensive migration control. In addition, the author's criticism of the formal approach of law enforcement officers is presented, in which the very fact of violating the residence regime is stated without taking into account the forced nature of the asylum seeker's movement. Arguments have been made in favor of the need for a court or administrative authority to verify the person's actual ability to legalize or safely leave the country, as well as the risk of persecution upon return to their home country. It has been shown that the issue is primarily procedural.

Conclusion. The article proves that the solution to the identified conflict lies not in the complete exclusion of asylum seekers from administrative liability, but in the refusal to apply the general rules of the Code of Administrative Offenses of the Russian Federation to them in a subsidiary and formal manner, and in the individualization of administrative coercion. The author proposes to enshrine at the level of the Plenum of the Supreme Court of the Russian Federation the obligation to establish the reasons for the violation of the migration regime when a person claims that their life or health is at risk, to provide for the suspension of administrative deportation during the consideration of an asylum application, and to ensure judicial control over the validity of the detention of such persons in temporary detention centers for foreign citizens.

ПРОБЛЕМЫ СЕМЕЙНОГО И ТРУДОВОГО ПРАВА

127–136 7
Abstract

Introduction. The digital transformation of social relations has led to the active involvement of minors in the creation and distribution of media content through social networks, video hosting services, blogs, and other digital platforms. Children's participation in media activities contributes to the realization of their creative potential and the right to self-expression, but it also poses new risks of violating children's rights and legitimate interests, such as the dissemination of personal data, the creation of a digital footprint, the commercial use of minors' work, and interference in their private lives. The current legislation of the Russian Federation does not contain a comprehensive legal regulation of these social relations, which necessitates a scientific analysis of the issue and the development of proposals for improving the family-legal mechanism for protecting children in the digital environment.

Purpose. To develop a theoretical and legal model of protecting the rights and legitimate interests of minors in their participation in the creation of media content and to substantiate the need to form a family and legal mechanism for protecting a child's digital identity.

Methods. The study was based on the dialectical method of cognition, formal legal, system-structural, comparative legal, and logical-legal research methods, as well as methods of analysis, synthesis, and legal modeling.

Results. It is substantiated that the participation of a minor in the creation of media content is an independent type of socially significant activity for a child, affecting a wide range of their personal non-property and property rights. The author proposes a definition of a minor's digital identity as an independent object of family law protection. The gaps in the current legislation regarding the distribution of media content involving children, the protection of their digital image, and the management of income derived from the use of media activities are identified. Proposals for improving the family legislation of the Russian Federation have been developed.

Conclusions. In the context of the digitalization of social relations, ensuring the protection of a minor's digital identity should be considered as an independent aspect of implementing the principle of prioritizing the interests of the child. The need to enshrine in family legislation the obligation of parents to ensure the protection of a child's digital identity and to consider the long-term consequences of disseminating information about a minor in the digital environment is justified.

137–144 6
Abstract

Introduction. The main task of labor legislation is the legal regulation of labor relations and other directly related relations. Labor relations are crucial in the subject of labor law, but those derived from them or closely related to them, as they were variously called before the current Labor Code, were almost always present in the subject, making it complex and heterogeneous.

Purpose. To analyze the controversial issues that arise when considering the relations that constitute the subject of labor law, which are directly related to labor relations.

The theoretical basis of the article is made up of legislative acts in the field of labor law, as well as the works of leading experts in the designated problem area, which allowed us to study various points of view on the issues under consideration.

Results and conclusions. The author has attempted a critical analysis of that part of the subject of labor law that consists of relations directly related to labor (Article 1 of the Labor Code of the Russian Federation). The study reveals that, in the author's opinion, the relationship "employment with a given employer" is the result of independent Employment, culminating in the conclusion of an employment contract and constituting an employment relationship. The author provides additional arguments in support of the opinion of scholars who disagree with the separation of financial liability from the employment relationship. "Directly related" and considers it unfounded to include in this group of relations those entities whose sphere of activity extends beyond the immediate connection with labor relations.

ПРОБЛЕМЫ УГОЛОВНОГО И УГОЛОВНО-ПРОЦЕССУАЛЬНОГО ПРАВА

145– 155 6
Abstract

Introduction. In criminal law doctrine the consolidated term for the catalogue of penalties enshrined in Art. 44 of the Criminal Code of the Russian Federation has become the notion of a “system of penalties”, frequently referred to as the “ladder of penalties”. The author questions the existence of systemic features in that catalogue and proposes to assess the list of penalties against general systems criteria.

Objective. The aim of the study is a critical examination of the list of penalties provided by Art. 44 Criminal Code for conformity with systemness criteria (hierarchy, interdependence of elements and emergence) and the development of proposals to enhance its internal coherence and practical effectiveness.

Materials and methods. The methodological basis of the research comprises systems theory and legal philosophy, doctrinal developments in criminal law and analysis of the normative provisions of the Criminal Code and the Penal Enforcement Code of the Russian Federation, as well as review of case law and selected sanctions (e.g. the sanction under Art. 158 Criminal Code RF). Employed methods include philosophical-theoretical analysis, systemic analysis, doctrinal (dogmatic) legal analysis, logical comparison and critical normative appraisal; a constructive, policyoriented (project-constructive) approach was applied in formulating proposals.

Results. The article advances an original critique of the prevailing model: it demonstrates the absence of systemic features in the catalogue of penalties and identifies concrete inconsistencies – the incomparability of the severity of different penalties (fine, compulsory labour, deprivation of the right to hold certain offices or engage in certain activities), paradoxes regarding the placement and substantive content of arrest and deprivation of liberty, disruption of systemness following changes in the content of the penalty of restriction of liberty, the presence of “special rungs” applicable only to limited categories of persons, and inactive (dead-letter) provisions. The analysis shows that mere rearrangement of elements cannot resolve these structural problems.

Conclusions. The article concludes that the current list of penalties lacks a systemic structure, undermining the logical foundations of uniform law-enforcement practice; it proposes concrete measures for revising the catalogue – separating universal and special measures, clarifying hierarchy criteria and aligning the substantive content of sanctions with their formal positioning. In particular, the authors recommend: (1) excluding from the primary list “dead” penalties (arrest and capital punishment) that have long been inoperative; (2) placing restriction of liberty after deprivation of the right to hold certain offices or engage in certain activities; (3) eliminating the possibility of applying deprivation of liberty in disparate forms that differ substantially in punitive severity (serving a sentence in a colony-settlement, serving in closed-type correctional colonies, serving as imprisonment in a penitentiary).

156–171 7
Abstract

Introduction. The constitutional axiom of the highest value of human rights conflicts with the dominance of the public interest in criminal prosecution, which requires special legal mechanisms, the absence of which leads to the relativisation of individual rights.

Purpose. The author aims to comprehensively analyze the system of guarantees of the rights and legitimate interests of a criminally prosecuted person, identify the systemic gap between normative consolidation and law enforcement practice, develop a theoretically grounded classification of guarantees and proposals for their improvement.

Methods. The methodological basis of the research includes general scientific methods (analysis, synthesis, systems approach) and specific scientific methods: formal legal, comparative legal, logical, legal modeling, as well as an empirical method (survey of law enforcers).

Results. The guarantees of the rights of a criminally prosecuted person are dynamic and institutional-activity-based, consisting of three core elements: consistent norms, good faith conduct of officials, and active defense counsel. A persistent polarization in the perception of guarantees is revealed between lawyers (93% associate them with the exclusion of evidence) and operatives (87% insist on departmental approval of operational-search measures). A three-level classification is substantiated: condition-guarantees, status-instrumental guarantees, and special guarantees of proportionality and quality of law. It is proposed to legalize the category of “proper quality of law” in Federal Law No. 5-FZ of June 14, 1994 as a guarantee standard.

Conclusions. The effectiveness of guarantees is determined by the synchronous functioning of all three elements; the most vulnerable stage is the pre-procedural “non-status zone”. The reality of constitutional guarantees directly depends on overcoming the accusatory bias and eliminating the “non-status zones” in operational investigative activities.

Announcements

2026-09-13

Общественные науки: исследования и практики «СТРАТЕГИИ РАЗВИТИЯ ОБЩЕСТВА И ЭКОНОМИКИ В НОВОЙ РЕАЛЬНОСТИ»

ЮЖНО-РОССИЙСКИЙ ИНСТИТУТ УПРАВЛЕНИЯ – филиал ФГБОУ ВО «Российская академия народного хозяйства и государственной службы при Президенте Российской Федерации»

приглашает принять участие в VIII МЕЖДУНАРОДНОЙ НАУЧНО-ПРАКТИЧЕСКОЙ КОНФЕРЕНЦИИ

Общественные науки: исследования и практики «СТРАТЕГИИ РАЗВИТИЯ ОБЩЕСТВА И ЭКОНОМИКИ В НОВОЙ РЕАЛЬНОСТИ»

15-16 октября 2026 года

 г. Ростов-на-Дону

Цель конференции: создание междисциплинарного пространства для международного сотрудничества и обмена результатами научных исследований в контексте глобальных трансформаций и иных вызовов современности.

Информационные партнеры*:

Научный и общественно-теоретический журнал «Государственное и муниципальное управление. Ученые записки»;

Научно-практический журнал «Северо-Кавказский юридический вестник»;

Научный журнал «The EUrASEANs: journal on global socio-economic dynamics».

К участию в конференции приглашаются: научно-педагогические работники, докторанты, аспиранты.

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