No 5 (2023)

  

The formation of the modern Russian model of constitutionalism is contextually predetermined by the study of its institutions. The rethinking of the legal content of constitutional values is due to the emergence of new ideas that, in the format of interdisciplinary research, create the constitutional and legal basis of the Russian state identity. The article analyzes the influence of the system of sacred and profane values in the concepts of legal awareness and law enforcement on legal science. Previously, the sacred - profane system was not studied in domestic law. The proposed conceptual models for the inclusion of socio-philosophical phenomena in the system of constitutional values are important for a new understanding of constitutional values. The relevance of the study is due to the transformation of constitutional institutions in new readings of the Constitution of the Russian Federation after the adoption of amendments in 2020. The article analyzes the issues of influence on the social processes of profanization of sacred values. It is concluded that value orientations determine the criteria for the effectiveness of power and management, institutionalize legal awareness and law enforcement as regulators of public relations.

Pyotr Semyonovich Romashkin (1915 - 1975) – Corresponding Member of the USSR Academy of Sciences, Doctor of Law, Professor; in 1958 - 1964 he headed the Institute of State and Law of the USSR Academy of Sciences, after 1964 he headed the Sector of General Problems of Criminal Law of the Institute. Author of a number of works on Criminal and International Criminal Law. The article analyzes his monograph “The main principles of the criminal and military criminal legislation of Peter the Great” (Moscow, 1947) - the first and, unfortunately, the last in the Soviet and post-Soviet criminal law literature study of the legislation of the Peter the Great era. The general issues of the Criminal and Military Criminal Law of Peter the Great are considered, its difference from both the previous criminal legislation and the Cathedral Code of 1649, which operated along with the military Articles of 1715. The author’s views on the crime and punishment reflected in the imperial acts, his assessment of the scope of these Articles, types of punishments and, in particular, the death penalty are investigated. P.S. Romashkin expressed his own point of view on a number of issues, therefore, the work of pre-revolutionary criminologists on both Criminal and Military Criminal Law is widely used in the article.

There are many conflicting points of view on the legal content of the principles of good faith and the prohibition of abuse of the right. This predetermines the position that has developed in domestic judicial practice that as acts violating the operation of these principles, the courts recognize a large number of forms, types and methods of actions, between which it is difficult to find something in common. A similar situation is developing in foreign (European) legal order. In this regard, many legal scholars find it difficult to find the universal (pan-European) content of these principles. Meanwhile, the analysis of the materials of the judicial practice showed a striking similarity between the approaches used by the Russian courts and their European colleagues on these issues. The article presents the results of the scientific study (the most extensive one ever conducted in relation to the practice of applying Article 10 of the Civil Code of the Russian Federation - about 15 thousand court cases have been analyzed) and it is assumed that the application of the principles of prohibition of abuse of the right and good faith has a universal (European) character.

In the three-volume monograph titled “Military Law” for the first time in legal science, the systemic prerequisites of Military Law are subjected to a deep theoretical understanding. It is researched the objective grounds on which the foundation of military relations in the state is first built, and subsequently its institutional superstructure is formed in the form of military legal relations, which together constitute a branch of Military Law.

In 2021 and 2022, under the general editorship of A.N. Savenkov and A.V. Kudashkin, three volumes of the fundamental monograph “Military Law” were published. The list of questions studied in the monograph is very diverse and extremely voluminous. For the first time in science, scientific ideas about Military Law as a science and a form of legal practice are theoretically conceptualized, and the hypotheses and provisions put forward by the team of authors are successfully and clearly proven. It is also worth mentioning that the team of authors consists of recognized experts in the field of Military Law, young scientists and experienced practitioners. In accordance with the classical principles of systematic and deductive research, the first volume of the monograph examines the history and theory of Military Law, the second volume reveals the current state of Military Law and analyzes its institutions, the third volume of the monograph is devoted to the knowledge of the main problems of Military Law and promising areas of military legal research. In addition to new research horizons opened up in the development of the science of Military Law, the developed monograph as a comprehensive scientific work, which effectively summarizes the theoretical provisions of this branch of science, opens up wide opportunities for its study in the training of future lawyers. Since the federal state educational standards of higher education for future lawyers provide for Military Law specialization, the monograph under consideration is of direct practical importance for the professional training and personality development of a future lawyer. The article considers the potential of the monograph “Military Law”, its psychological and pedagogical significance in the development of the personality of a future military lawyer. The structure and features of this potential, as well as the functions of Military Law in the formation of the legal professionalism of the individual, are revealed. Practical recommendations are offered for the introduction of the monograph “Military Law” into the educational activities of educational institutions of higher education in various fields. The possibility of using the materials of the monograph in the educational process as educational and methodological and modular materials is considered.

In 2022, the Russian Federation and Russian Federation’s residents (citizens and legal entities) faced large-scale restrictive measures (sanctions) that were introduced by foreign states and international organizations. This became the basis for the introduction by the Russian state of retaliatory measures of influence (counteraction). The system of such measures of influence, although they have a certain normative basis, is nevertheless only being formed; it includes, among other things, individual private law institutions. Among them is the creation (by establishment) of a Russian legal entity by decision of state bodies (executive power or courts) on the basis of the property of foreign organizations (including the property that is the basis for the activities of officially registered branches or representative offices of foreign legal entities). Previously, the current civil (as well as other sectoral) legislation did not provide for such actions; we can say that we are witnessing the formation of a new set of regulations on the creation (establishment) of a legal entity on the basis of the property of an existing legal entity, using partially elements that are more characteristic of reorganization (universal succession); in part, one can even state the following: what is called “creation of a legal entity” in legal acts is in reality a significant change in a foreign legal entity, i.e., an analogue of the reorganization of a legal entity (in terms of consequences). In the presented article, the author for the first time analyzes the currently available regulations governing the creation of a Russian legal entity based on the property of a foreign legal entity; based on the results of the study, conclusions are drawn about further directions for the development of legal regulation.

The article deals with the problems of innovative development of forensic science in the context of global digitalization. The unity of criminology as a science with its own subject, system, tasks, objects is emphasized, it is noted that the integration of IT technologies into criminology is not through the creation of a new science, but through a new private criminalistic theory of information and computer support for criminalistic activities and its constituent private criminalistic teachings related to the methods of computer crimes; digital traces and their place in forensic investigation. A new section of forensic technology is substantiated – the forensic study of computer tools and systems.

In 2013, a legislative prohibition was introduced in the Russian Federation, and in 2016, the administrative punishability of registering feigned accounting objects in accounting registers (hereinafter referred to as the feignfullness prohibition). A legal comparison of the concepts of “feigned accounting object” and “feigned transaction” conducted in 2021 demonstrated a lack of interest in the feignfullness prohibition on the part of both legal science and law enforcement practice. Economists, however, have been showing a scientific interest in studying the feignfullness prohibition since 2013, do not assess not only the legal validity of this prohibition, but also the degree of violation of the rights of economic entities. This circumstance served as an impetus for the economic study of the feignfullness prohibition, taking into account its legal characteristics. As a result, it was concluded that this prohibition is associated with excessive restrictions on the rights of economic entities, is not fully legally justified and requires correction of accounting legislation.

The article is devoted to the study of legal issues of the development of information security culture of citizens of the Russian Federation in the context of the digital transformation of society. Given the priority of the tasks of ensuring information security in the national security system of the Russian Federation, the purpose of this article is to identify legal problems in the process of implementing the strategic tasks of ensuring national information security, including ensuring the information security of the state, society and citizens. At the same time, the attention of the authors is focused on the legal problems of forming a culture of information security of citizens, since they are the most vulnerable objects of information-psychological, destructive influence. The need to ensure the state of protection of citizens in the information space is associated not only with the realization of their rights, but also requires compliance with relevant duties and rules of conduct. The formation of a culture of information security requires the improvement of state policy aimed at the development of legal regulation not only in the private law, but also in the public law sphere. In connection with this, the authors substantiate the conclusion that these legal problems require scientific research in public law science, given the new passport of the specified scientific specialty. In the process of research, the tasks set were implemented using general scientific methods (analysis, synthesis). Based on the dialectical method, it has been established that a wide range of challenges and threats to information security in modern conditions requires interdisciplinary and intersectoral approaches. It has been substantiated that it is necessary to develop an integrated approach and conduct a general information campaign for the population aimed at increasing legal literacy on information security issues, contributing to an increase in the level of trust in digital services and further digitalization of the state economy.

The article discusses the doctrine of law contra legem and the issues of the boundaries of its practical application. The main objectives of the article are to define the development of law contra legem and to present its differences from the development of law extra legem, to analyze the possibility and permissible limits of applying law enforcement agencies to the doctrine of the development of law contra legem in case of a blatant contradiction of law and law. The author claims that the law enforcement of contra legem and contra legem have similarities, therefore, in order to distinguish them, it is proposed to distinguish between hard and soft types of law enforcement of contra legem. Based on the practice of the Republic of Armenia, the article provides examples of law enforcement contra legem, which are subjected to critical analysis.

The article examines the history of rebellion as a crime against the state in Islamic criminal law. The purpose of the article is to study, comprehend the genesis, doctrinal issues related to the definition of the concept and signs of rebellion as a crime against the state. Using the method of historicism, analysis and synthesis, the concept of rebellion as a rebellion of the Muslim community against the head of state with the use of force to overthrow him is given, the goal and motive of the rebellion (overthrow of the head of state and). The reasons for combining Islamic Criminal Law with European-type criminal legislation, the impact of French and English law on crimes against the state in modern criminal laws of Muslim states (Iraq, Afghanistan, UAE, etc.) Conclusion: rebellion (rebellion) as a crime against the state based on the purpose and motive of the crime differs in historical and modern Islamic Criminal Law. In the criminal laws of Muslim countries, rebellion (uprising) from the objective point of view, depending on the interests of states, differ.

Тhe article is devoted to the substantiation of the scientific and practical significance of the application of the historical method in the legislative process on the example of the experience of Russian codification in the first half of the 19th century. The article proves that more than one hundred and thirty years of codification experience in the Russian Empire confirms the obligatory nature of the historical method not only in the implementation of codification, but also in the adoption of generally valid laws. The author believes that M.M. Speransky gave an example of the practical use of the history of law, critically reviewing the experience of previous codifications in the preparation of the Complete Collection and the Code of Laws and developing a technology for the scientific processing of historical normative material. The article proposes an updated and updated interpretation of the content of the historical method and reveals the significance of its application in modern lawmaking.

The article analyzes the monetary system, the norms of Emission Law forming it, highlights the institutions of Emission Law forming a sub-branch of Financial Law. The author shows Emission Law as a sub-branch of Financial Law within broader boundaries acceptable both for educational material and for students’ understanding.

The scientific article provides a brief overview of the work of the VIII International Scientific and Practical Conference “Criminal Law and operational investigative activities: problems of legislation, science and practice”, held on April 28 - 29, 2022 at the Research Institute of the Federal Penitentiary Service. More than a hundred doctors and candidates of sciences, including scientists from the Republic of Belarus, Azerbaijan, Kazakhstan and Vietnam, took part in the conference. At the meetings, the problems of cross-sectoral regulation and the relationship between the norms of the Criminal Law and the Federal Law “On operational investigative activities”; countering the provocation of crimes in the Russian Federation and abroad; grounds for a criminal-legal prohibition and their significance for conducting operational-search activities; using the results of operational investigative activities for the qualification of criminal acts and their prevention. The article presents a summary and the main conclusions contained in the speeches of the conference participants.