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
PROBLEMS OF IMPROVING LOCAL SELF-GOVERNMENT IN THE SYSTEM OF PUBLIC AUTHORITY IN MODERN RUSSIA
Introduction. Throughout recent Russian history, issues of legal regulation of the organization and functioning of local self-government have always been the focus of research, discussion, and even controversy by numerous scientists, practitioners, and simply concerned researchers. With the entry into force of Federal Law No. 33-FZ dated 03/20/2025 "On the general principles of organizing local Self-government in a unified system of public Authority," the breadth of discussions about the prospects of local self-government has not only not decreased, but, on the contrary, has increased even more, "exposing" new facets of disputes between supporters and opponents of the new model of building local self-government in the unified system of public authority in the Russian Federation.
Purpose. Based on the current federal legislation and the established legislative practice of the authorities of cities of federal significance exercising their right to establish the specifics of the organization of local self-government in these subjects of the Russian Federation, identify the "obvious" shortcomings of this practice, which developed during the period of the federal Law of 06.10.2003 "On the general principles of the organization of local self-government in the Russian Federation.
Materials and methods. The methodological basis of the research was traditionally developed and tested for comparative studies by constitutional law, municipal law science, as well as the general theory of state and law, methods of analysis and synthesis, induction and deduction, dialectical approach, and other generally accepted methods of cognition in legal doctrine, with the help of which it was possible to synthesize and compare the achievements of municipal legal doctrine and the actual established law enforcement practice.
Results. Despite the fact that cities of federal significance are traditionally included in the range of territories of the Russian Federation that occupy leading positions in the field of economics, industry, science, education, culture, etc., an analysis of the basic laws of Moscow, St. Petersburg and Sevastopol suggests a significant deviation from the rights granted by the federal legislator to the authorities of the subjects of the Russian Federation – cities of federal significance to establish the specifics of the organization of local self-government in their territories. To date, the normative acts of these subjects of the Russian Federation have not only not been brought into line with the provisions of Federal Law No. 33-FZ dated 03/20/2025 "On General Principles of Organizing Local Self-Government in a Unified system of Public Authority," but also in some cases directly contradict its provisions, which casts doubt on the direct and immediate effect of the Constitution of the Russian Federation in parts of the priority of federal legislation over regional legislation on issues of joint jurisdiction of the Russian Federation and its subjects, which include the legal regulation of local self-government.
Conclusions. In the context of the formation of an "updated" legal framework of the subjects of the Russian Federation, against the background of the Federal Law No. 33-FZ of 03/20/2025 "On General Principles of Organizing Local Self-Government in a unified system of public Authority", which entered into force, the legislative bodies of the advanced subjects of the Russian Federation have significantly withdrawn – First, it is an extremely "negative" example for other subjects of the Russian Federation who do not have the above-mentioned "advantages" as cities of federal significance, but who, in accordance with Article 6 of the said law, are also empowered to regulate certain issues of the organization and functioning of local self-government in their territories. in the field of local self-government, and, secondly, a vivid example of the "actual" inaction of the federal authorities to ensure guarantees of the right of citizens to exercise local self-government, established by the Constitution of the Russian Federation and federal laws.
Introduction. The current stage of Russia's constitutional development is characterized by the integration of local self-government into a unified system of public power. This process, initiated by the 2020 constitutional amendments, signifies a radical change in the principles of the original local self-government model established by the 1993 Constitution and generates significant scholarly and practical interest. The relevance of the study is due to the ongoing process of reforming municipal legislation, which culminated in the adoption of Federal Law No. 33-FZ dated March 20, 2025 "On the General Principles of Organizing local Self-Government in a unified system of public Authority."
Purpose. To conduct a comprehensive analysis of the constitutional and legislative innovations defining the new elements of the status of local self-government entities and to identify the systemic problems arising from this reform.
Materials and Methods. The methodological basis of the research comprises comparative legal and formal legal methods. The study analyzes the texts of the Constitution of the Russian Federation, federal legislation (including new Federal Law № 33 of March 20, 2025, "On the General Principles of Organizing Local Self-Government in the Unified System of Public Power"), as well as rulings of the Constitutional Court of the Russian Federation. The theoretical foundation of the article is based on doctrinal provisions concerning the nature of municipal power.
Results. The article presents the author's perspective on key aspects of the reform, including the erosion of the constitutional category "issues of local significance" and the replacement of the territorial and organizational autonomy of local self-government with rigid state standards. Arguments are put forward supporting the thesis of the actual loss of local self-government's autonomous essence. The author's vision of the problem is presented as a systemic contradiction between the new model and the provisions of Articles 12 and 130 of the Constitution of the Russian Federation.
Conclusions. The article argues that the 2020 constitutional amendments and subsequent legislative regulation lead to the transformation of local self-government from an autonomous form of popular sovereignty into a sub-regional level of public power, integrated into the national governance vertical. This entails the abandonment of its autonomy and gives rise to legal conflicts.
Introduction. The development of the institute of local self-government in Russia has been repeatedly modified, which is explained both by the improvement of the norms of domestic legislation and by changes in the socio-economic, political, historical and cultural context. Another round of transformations in the municipal sphere was initiated in 2021 during the development of a draft law aimed at bringing legislation on municipal government in line with the updates during the constitutional reform of 2020.
Purpose. A comprehensive assessment of the ongoing municipal reform in the Russian Federation in 2021-2025, its organizational and legal aspects, the study and characterization of existing conflict-oflaws regulations that entered into force (from June 19, 2025) and enter into force in the long term (from January 1, 2027).
Methods. The research is based on both general scientific methods of dialectics, analysis and synthesis, analogy and modeling, as well as private law methods of comparative law, formal law and interpretation, on the basis of which the institution of local self-government and the ongoing municipal reform were studied and analyzed in evolutionary unity and interrelation.
Results. A scientifically based assessment is given of the municipal reform initiated by federal public authorities from 2021 to the present, aimed at integrating municipal government into the system of unified public authority in accordance with the provisions governing the institution of local self-government in the Russian Federation updated during the constitutional reform of 2020. In a comparative legal perspective, the main legal prescriptions contained in Federal Law № 131 dated 06.10.2003 "On General Principles of the Organization of Local Self-Government in the Russian Federation" and Federal Law № 33 dated 25.03.2025 "On General Principles of the Organization of Local Self-Government in the Unified System of Public Authority" are compared in order to identify distinctive features and common features, assessment of legislative innovations, their official interpretation, and prospects for future law enforcement practice.
Conclusions. As a result of the study of the foundations and dynamics of the municipal reform carried out since 2021, which ended with the adoption and entry into force in the summer of 2025. According to the new law regulating the functioning of the institution of local self-government, we conclude that its effectiveness depends not least on taking into account the needs and requests of the population of municipalities, stabilizing and improving the quality of interaction between the three levels of public authority, transparency in the functioning of the system of local self-government bodies, and their accountability not only to higher government authorities, but also to the population of municipalities. which local community authorities contact directly without intermediaries. In the near future, the transfer of some powers from the municipal to the regional level may negate the intrinsic value of local self-government, while at the same time new prospects appear for the implementation of joint projects at various levels of public authority in the case of a constructive equal dialogue between them. Problematic aspects of the new law are also highlighted, such as the rejection of such forms of direct (i.e. direct) democracy, previously used as a law-making initiative of citizens of municipalities and the institution of recall of deputies (and other elected officials of local government), the absence in the text of the new law of an article with a glossary of basic terms explaining the key definitions used in the law. Proposals are being made to address these gaps in legislation.
Introduction. The increasing integration of local governments into a single system of public authority affects the analysis of all elements of the legal status of local governments, including such an element as legal responsibility. One of the types of legal responsibility, to which local governments are often involved, is administrative responsibility. The purpose of administrative responsibility is to prevent the commission of new administrative offenses.
Purpose. To prove the ineffectiveness of bringing local self-government bodies to administrative liability. To substantiate the thesis that local self-government bodies' officials should be held administratively responsible for failing to fulfill their powers.
Materials and Methods. The methodological basis of the study is an analysis of current legislation and current judicial practice of courts of general jurisdiction. The theoretical basis is provided by the works of Russian scholars who have studied the legal status and issues of administrative liability of public authorities.
Results. An analysis of the provisions of the Code of Administrative Offenses of the Russian Federation reveals that the legislator is inconsistent in defining the subject of administrative offenses whose objective element is the failure to perform or improper performance of authority by a public authority. In cases specifically created for public authorities, the subjects of offenses are only public officials, while in general cases, both officials and legal entities are generally considered, allowing for the administrative liability of local governments if they have legal entity status. An analysis of judicial practice shows that the causes of administrative offenses include both a systemic problem of local self-government – inadequate financial and economic foundations – and the improper performance of authority by local government officials. The legislator generally takes these factors into account by establishing specific grounds for terminating proceedings in administrative offense cases. At the same time, bringing local government bodies to administrative responsibility does not fulfill the preventive function of administrative responsibility and does not ensure the proper execution of the powers of local government bodies in the future.
Conclusions. The author concludes that administrative liability is not an effective tool for preventing improper performance of powers by local government bodies, especially given the current challenges in maintaining their financial and economic foundations. The author proposes introducing a general provision into the Code of Administrative Offenses of the Russian Federation, according to which officials of public authorities are subject to administrative liability for failure to perform their powers, and supplementing the provisions of the current law on local selfgovernment with a detailed specification of the sectoral types of legal liability to which local government bodies and officials may be subject.
PROBLEMS OF SOURCE STUDIES AND INTERDISCIPLINARITY IN LEGAL RESEARCH
Introduction. A. A. Pliev’s monograph Some Aspects of the Legal Culture of Chechens and Ingush: 1880–1970 (Moscow: Nauka, 2016) is examined in the article as a fundamental source-study complex for investigating the evolution of adat law of the peoples of the North Caucasus under changing state-legal regimes.
The purpose of the study is to identify the methodological and empirical potential of A. A. Pliev’s work and to reassess it from the standpoint of modern legal anthropology and historical-legal scholarship.
The methodological framework is based on diachronic, historical-legal, comparative-ethnographic, and statistical-legal methods. The scientific novelty of the article lies in the fact that the author has for the first time carried out a comprehensive quantitative-legal analysis of the statistical block of
A. A. Pliev’s monograph presented in the following tables: Table 1 – “Number of Cases Initiated in Soviet Courts,” Table 2 – “Number of Crimes in 1958–1965,” Table 3 – “Analysis of Cases of the Supreme Court of the Chechen-Ingush ASSR, 1958–1965.” In the present study, they are interpreted as a unified statistical-institutional array reflecting the transformation of legal regulation mechanisms. The author succeeded in: – identifying a latent institutional shift in the structure of initiation of criminal cases in the late 1920s; – quantitatively determining the actual share of blood feud within the system of violent crime of the Chechen-Ingush ASSR; – reconstructing a stable model of criminal-law response to acts of blood feud in the practice of the Supreme Court of the autonomy; – demonstrating the transition from a socially resonant model of law enforcement to a centralized prosecutorial-party system of control.
Results and conclusions. The monograph demonstrates an in-depth analysis of adat under the influence of Russian imperial (tsarist), post-revolutionary, and Soviet law, while preserving the continuity of the norms of blood feud, reconciliation, and marriage institutions. A valuable synthesis of archival documents and field observations makes it relevant for contemporary legal anthropology of the Caucasus, especially in the post-Soviet context. The work serves as a benchmark for interdisciplinary studies of ethnolegal traditions. It is proved that the statistical material of A. A. Pliev’s monograph has independent heuristic value and records not a linear displacement of adat by state law, but a complex model of normative dualism and managed legal transformation. It is established that by the mid-1960s the institutional consolidation of the state monopoly on sanctions took place while partially preserving the mediatory functions of traditional law. It is concluded that the in-depth analysis of the three key tables carried out by the author of the article significantly expands the interpretative potential of A. A. Pliev’s monograph and makes it possible to consider it not only as an ethnographic study but also as a quantitatively verifiable source on the history of legal modernization of the North Caucasus. This gives the work new methodological significance and strengthens its importance for modern legal anthropology and historical-legal science.
Introduction. The development of neurotechnologies has led to the formation of practices for obtaining and using neuroinformation, which can be considered in the legal assessment of human behavior. In response to these changes in legal science, neurolaw is emerging as a direction of research focused on understanding the legal consequences of turning to neuroinformation. At the same time, in legal science there is no agreed understanding of the place of neurolaw in the system of legal knowledge and the conditions for the acceptable use of neuroinformation in law, which makes it difficult to develop uniform methodological guidelines for their legal assessment.
The purpose of the study is to determine the place of neurolaw in the system of modern legal science and overcome the identified uncertainty.
Methods. To achieve this goal, the article uses a systematic method that allows us to correlate neurolegal issues with the structure of legal knowledge. The formal legal method is used to identify the conditions and limitations of the use of neuroinformation in the legal assessment of the legally significant consequences of human behavior. The comparative legal method made it possible to compare domestic and foreign approaches to the legal assessment of neurotechnologies. The identification of the main problems of neurolaw was carried out within the framework of theoretical and legal analysis aimed at establishing systemic contradictions and doctrinal gaps that arise when applying existing legal structures to neuroinformation and neurotechnological practices.
Results and conclusions. It has been established that the development of neurotechnologies and practices of dealing with neural knowledge is changing the conditions for the application of legal concepts used to assess a person's behavior and the legal consequences of this behavior. The technical capability of obtaining and processing neural data expands the range of factual information used in establishing the circumstances of a case and legally assessing a person's behavior, and affects those elements of legal qualifications that were previously formed solely on the basis of externally observable forms of human behavior. This circumstance does not negate the normative nature of legal conclusions, but requires a doctrinal definition of the limits of permissible use of neural science in law. As a result of the study, neuro-law in the system of legal science is defined as an interdisciplinary scientific direction that performs a coordinating methodological function. It ensures the harmonization of fundamental legal concepts and industry standards. legal regimes in relation to the use of neural science and neurotechnological influences, while maintaining the normative autonomy of law and excluding the substitution of natural scientific explanations for legal reasoning. The results obtained confirm that neurocipherization affects legal science as an integral system of knowledge. It affects the fundamental links between actual behavior and regulatory assessment, and thus transcends the scope of a technological or industry phenomenon. This impact requires a systematic theoretical and legal response aimed at preserving the internal consistency of legal knowledge.
PROBLEMS OF INTERNATIONAL LAW
Introduction. The European Union (EU), taken as a whole of its member states, remains the primary trading partner of the African continent. Brussels recognizes African market’s potential for rapid growth and is interested in supplies of critical minerals to Europe. To enhance trade and economic cooperation with African countries and integration associations, the EU is adapting its trade models and appropriate legal arrangements.
Purpose. To systemize existing and emerging legal arrangements within the European Union for regulating trade and economic cooperation with African countries, regional economic communities, and the African Union (AU) as a whole.
Methods. A combination of general scientific (systemic, formal-logical) and specific scientific (comparative legal, formal-legal) research methods was used.
Results. To develop trade and economic cooperation with individual African countries and continent’s integration associations, the European Union uses ‘soft law’ tools (declarations and policy documents adopted following joint summits with the African Union, programs aimed at reducing or eliminating customs duties), multilateral cross-border Samoa Agreement, preferential trade agreements (economic partnership agreements with countries and regional communities of sub-Saharan Africa and association agreements with states in the northern part of the continent). Brussels is closely monitoring the development of the African Continental Free Trade Area (AfCFTA). At the same time, no agreements or memoranda on cooperation between the EU and AfCFTA have been concluded yet. The European Union approaches the prospects of this free trade area development primarily from the perspective of using critical minerals to implement the ‘Green Deal’ and achieve carbon neutrality by 2050. To achieve this goal, Brussels needs to create legal environment for the extraction of minerals and the implementation of infrastructure projects in Africa.
Conclusions. The EU is attempting to develop new model agreements with African countries that would help Europeans in obtaining critical minerals on favorable terms. At the same time, the European Union understands that some liberalization of the legal framework for cooperation is required, given the development of civil society in Africa and the persistent perception of Western Europeans as colonizers in the public consciousness of local residents. At the same time, the EU seeks to maintain the practice of applying tariff and non-tariff regulation measures. Despite this, many African countries agree to sign agreements and memoranda of understanding with the EU to receive assistance in minerals exploration and extraction, as well as in the creation of appropriate transport and production infrastructure.
PROBLEMS OF BUSINESS AND INTELLECTUAL PROPERTY LAW
Introduction. The article analyzes a legally unresolved issue: on the attribution of business legislation to the exclusive jurisdiction of the Russian Federation or the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation? The author critically evaluates the arguments concerning the "dilemma" put forward. The concept of the work is one's own judgments on this issue, which substantiate the attribution of business legislation to the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation.
Purpose. To investigate the constitutional conduct of domestic business legislation, in terms of attributing it to the exclusive jurisdiction of the Russian Federation or the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation.
The methodological basis of the work consists of general scientific methods of cognition: analysis, synthesis, functional, systemic, structural, abstraction, concretization, as well as private scientific research methods: formal-legal, technical-legal, concrete-historical, methods of grammatical, logical and systematic interpretation.
The object of the research is social relations related to constitutional conduct and the fundamentals of domestic business legislation.
Subject of the study: regulatory legal acts, domestic doctrine and judicial practice concerning the issue of attributing business legislation to the exclusive jurisdiction of the Russian Federation or the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation?
Results and conclusions. The functional purpose and purpose of the normative legal acts adopted by various state authorities of the subjects of the Russian Federation in the field of regulating relations between persons engaged in entrepreneurial activity (or with their participation) cannot be: 1) obviously, the limitation of the unity of the economic space, freedom of movement of goods, freedom of economic activity, the right to freely use one's abilities and property for entrepreneurial activity; 2) the introduction of a new (different) form of legal regulation of entrepreneurship.
The author has made a proposal to amend clause "k" of Article 72 of the Constitution of the Russian Federation, stating it in the following wording: administrative, administrative procedural, labor, family, housing, land, water, forestry, business legislation, legislation on subsoil, on environmental protection; thereby reflecting in the text of the Constitution the norm according to which business legislation is under the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation.
Introduction. The license agreement assumes the use of the object of intellectual rights strictly within the limits determined by the agreement of the parties. The licensee's going beyond these limits affects both the contractual sphere and the exclusive right of the licensor, which raises the question of qualifying such a violation as contractual or tort. The practical significance of this problem is due to differences in the grounds, conditions and methods of civil protection, in particular, the possibility of collecting compensation for violation of an exclusive right.
The purpose of this work is to determine the legal nature of the licensee’s liability for using an intellectual property object beyond the limits established by the license agreement.
Methods. The study employs the formal legal method to analyze the relevant provisions of the Part Four of the Civil Code of the Russian Federation, judicial decisions, and doctrinal positions developed in civil law theory.
Results and Discussion. The existing doctrinal positions are generally limited to stating that the licensee’s use of an intellectual property object beyond the licensed scope constitutes non-contractual use and entails tort liability. This doctrinal state of affairs cannot be regarded as fully satisfactory because such qualification is rarely substantiated, while the dispositive character of the statutory model of liability – allowing the parties to modify the default rules – and the practical consequences of contractual deviations from the general rule remain largely unexplored.
Based on a systematic interpretation of the Civil Code (in particular, Articles 1235, 1237(3), and 1252), judicial practice and doctrinal reasoning, the study substantiates the qualification of any form of excess of the license (including exceeding the temporal, territorial or other limits) as noncontractual use. The general rule for liability in such cases is the application of the specific remedies provided for in Articles 1252, 1252.1, which include damages or compensation for the infringement of exclusive rights. The license agreement may include special rules regarding liability, such as the use of contractual remedies in addition to or instead of tort remedies, the introduction of specific consequences for infringement allowed by law, or the contractual limitation of liability provided it does not conflict with statutory requirements.
Conclusions. The model of liability set out in Article 1237(3) of the Civil Code prescribes, as a general rule, the application of tort liability to the licensee for non-contractual use of an intellectual property object. At the same time, contractual regulation of such liability is permissible. Regardless of whether contractual or tort remedies are applied, the underlying basis of the claim remains the infringement of the licensor’s exclusive right, which is a tort.
ПРОБЛЕМЫ ТРУДОВОГО ПРАВА
Introduction. The current stage of the socio-economic development of the Russian Federation is characterized by a profound transformation, which naturally affects one of the fundamental spheres of public life – labor relations. The relevance of the topic is due to the growing contradiction between the traditional model of labor law developed in the industrial era, focused on standard, stable labor relations, and the dynamic, flexible reality of the post-industrial labor market.
Purpose. The objective of this article is to conduct a comprehensive analysis of the most debatable problems of modern labor legislation in the Russian Federation, arising at the intersection of technological challenges, economic transformation, and social imperatives. The research focuses on a systematic consideration of the impact of digitalization, the development of remote forms of labor, the evolution of differentiation in legal regulation, and the need for a fundamental reform of the occupational safety system. Particular attention is paid to the development of scientifically based proposals for finding an optimal balance between the requirements of economic efficiency, the principles of social justice, and the strengthening of traditional social foundations based on solidarity and collective responsibility.
The theoretical basis of the research is formed by a complex of scientific works covering key aspects of the topic. The foundation is built upon classical and contemporary works on the theory and doctrine of labor law (S.Yu. Golovina, A.M. Kurennoi, A.M. and M.V. Lushnikovs). The issue of differentiation is examined based on the analysis of its evolution and new criteria (A.A. Berezhnov, G.S. Skachkova). The digital transformation and non-standard forms of employment are analyzed relying on studies dedicated to the digital economy, remote and platform work (N.L. Lyutov, A.V. Serova). The critique of the compensatory occupational safety model and approaches to risk management are grounded in works on the economics of occupational safety and social insurance (V.D. Roik).
Results. It has been established that the key challenge for domestic labor law lies in adapting classical institutions to the conditions of the digital economy and non-standard forms of employment without losing its protective function. It has been revealed that the existing compensatory model of occupational safety is economically inefficient and requires a transition to a system of occupational risk management. The necessity of rethinking the differentiation of legal regulation has been substantiated, whereby a special legal status should be granted not based on formal sectoral characteristics, but based on the actual vulnerability of the worker.
Conclusions. It is concluded that the further development of Russian labor legislation should be based on a synthesis of market flexibility, a strong state guaranteeing role, and reliance on the values of social solidarity. Concrete measures aimed at improving legislation in the field of remote work ("right to disconnect"), occupational safety (flexible scale of insurance rates), and ensuring a genuine balance of interests of the parties to labor relations have been proposed.
Introduction. Trade union law has a complex intersectoral nature and should develop simultaneously with the improvement of the private legal structure of a legal entity, changes in the status of public associations, and the scope and content of workers' rights. The current regulation of the types and characteristics of trade union organizations does not fully correspond to the system of social partnership in the field of labor in the Russian Federation. There are significant arguments in favor of the necessary improvement of the structure of trade union organizations and the legal structures that follow from it.
Purpose. In this regard, the author's research aims to analyze the existing system of trade union organizations and identify legal issues in its construction.
Theoretical Basis. The methodological basis of the study is based on comparative legal and historical legal methods of cognition, formal legal methods, and the method of system analysis. The theoretical basis of this work is that, based on the regulatory experience of other countries and the analysis of the private legal basis of the legal status of any trade union organization, there is a basis for discussing the possible and necessary improvement of the organizational and legal forms of Russian trade union organizations, their rights, and guarantees.
Results. The paper presents the author's position on the changes to certain types of trade union organizations, justifying the possibility of their creation in the absence of certain features specified in the legislation on trade unions, while complying with the general requirements for public organizations and the legal entity structure. The author's vision of the challenges associated with incorporating a newly established trade union organization into the structure, design of the elected and higher authorities, and the place of these norms within the legal system is presented.
Conclusions. The article proves that the approach to the corporate nature, types, and status of various trade union organizations requires a high-quality legislative innovation. It seems optimal to have a clear separation between the private law and labor law components of the legal status of trade union organizations, defining the specific features of each type, eliminating unjustified dependence of one type on another, and ensuring that the specific guarantees for trade union representatives are included in the labor legislation as a form of labor differentiation that is justified by the current needs of social partnership relations and does not lead to abuse. The scope of civil (and, in the absence of registration of a trade union organization as a legal entity, also administrative) law should include the establishment of such an organization, its name, form (attributes), structure, reorganization, liquidation, the competence of its governing bodies, and the basis of its property independence.
PROBLEMS OF CRIMINAL PROCEDURE LAW
Introduction. The relevance of the scientific development of the category "legitimate interests of a person subject to criminal prosecution" is determined by a set of interrelated theoretical and law enforcement problems. Firstly, there is still no consensus in Russian doctrine on the essential content of this concept and its place in the system of legal phenomena, especially in relation to the category of subjective law, which predetermines a permanent scientific discussion. Secondly, the analysis of sectoral legislation, primarily criminal procedure and operational investigative legislation, reveals a stable terminological eclecticism and fragmentation in the use of the construction "legitimate interests". Such legislative inconsistency is an indicator of the lack of a holistic concept of protecting this legal good at the law-making level. Thirdly, the specifics of the initial stage of criminal prosecution (identification and identification of the person who committed the crime) are characterized by a paradoxical combination of maximum intensity of restrictions on individual rights with a minimum level of procedural publicity and competitiveness.
Purpose. To carry out a comprehensive analysis of the concept of "legitimate interests" in relation to a criminally prosecuted person, identify contradictions in its legislative regulation in the Criminal Procedure Code of the Russian Federation and the Federal Law "On Operational Investigative Activities" (the Law on Criminal Investigations) and formulate proposals for improving legal regulation.
Methods. The research is based on the application of general scientific (analysis, synthesis, systematic approach) and private scientific methods: comparative law, formal law, logical, legal modeling method.
Results. A systematic terminological inconsistency in the use of the category "legitimate interests" in the Criminal Procedure Code of the Russian Federation and the Federal Law "On Operational Investigative Activities" has been established, leading to legal gaps. The analysis of theoretical approaches to understanding "legitimate interests" is carried out and their content and essential characteristics in the context of criminal prosecution are determined. The differences between the categories of "legitimate interests" and "subjective rights" of a criminally prosecuted person are determined. A dynamic model of legitimate interests is substantiated, evolving from abstract protective barriers at the stage of identifying and establishing a suspected person who has committed a crime, to specific active procedural remedies at the stages of establishing the involvement of a suspected person and exposing the accused person in committing a crime.
Conclusions. The author presents a dynamic model of the evolution of the system of legitimate interests of a criminally prosecuted person, determined by the stages of criminal prosecution and the changing procedural status of the person (suspected → suspect → accused). The proposals to overcome the identified conflicts are substantiated, aimed at unifying terminology in the Criminal Procedure Code of the Russian Federation, which provides for the consolidation of the category of "rights and legitimate interests" for all procedural statuses of participants in criminal proceedings and recognizing legitimate interests as the object of judicial protection at all stages of criminal prosecution. To assess the legality of the actions of officials (especially in operational investigative activities), the author suggests a five-level hierarchy of law enforcement benefits (from life and health to property interests). The key criterion for the legality of the intervention should be the principle of proportionality (proportionality) – the protected interest should not be lower than the one that is being harmed, and the damage should be minimized.
SCIENTIFIC LIFE
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