编号 10 (2025)

No era has been devoid of bias in evaluating major political and public figures and the results of their activities. These assessments are often extremely emotional and not constructive, and do not take into account the complex context surrounding those who made crucial decisions. This fully applies to the perception of the state activity of A. Ya. Vyshinsky, which is very thoroughly analyzed in the Russian literature. At the same time, his contribution to the development of issues of the theory of state and law recedes into the background. In the article A. Ya. Vyshinsky presents himself as a scientist, Academician of the USSR Academy of Sciences, who offered his own understanding of the state and law, their functional characteristics and principles of construction, and defended this vision in numerous works, at meetings and meetings, while always relying on his own encyclopedic knowledge, fundamental theoretical base and the opinion of the staff of the Institute of Law of the USSR Academy of Sciences. Objective perception of the theoretical positions of A. Ya. Vyshinsky and their place in history and the system of scientific views contribute to the characterization of the challenges that faced him, as well as the opinions of his opponents. Special attention is paid to a number of issues from the field of the theory of judicial evidence, which were the focus of scientific research by A. Ya. Vyshinsky, the results of which received a distorted interpretation in the scientific and public narrative.

In this article, taking into account the current regulatory framework, judicial and investigative practice, the views of scientists, practical experience and research results of the author, the issues of investigation by the Investigative Committee of the Russian Federation in cooperation with the operational services of the terrorist activities of the Kiev regime are considered. Based on the analysis using the method of included observation of materials from specific criminal cases, certain features of investigative work on countering terrorist activity by military authorities and specialized services of Ukraine have been identified. The problems that arise are appropriately assessed and ways of solving them are proposed. Scientifically based conclusions have been drawn about the changing forms of terror at the present stage and specific measures have been proposed to counter them. The results of the study can be applied in the activities of law enforcement agencies and the educational process.

The article highlights the problems of various manifestations of distorted legal awareness in modern Russia and their impact on the state of spiritual and moral values. The destructive nature of the penetration of deformed positions into the legislation and legal practice of our country is emphasized, emphasis is placed on the need for comprehensive education of the population in the light of traditional legal and moral principles. It is shown that the presence of common spiritual principles and values acting as unifying facts are on a par with political and economic stability and ensure it. The conclusion is drawn that the traditional Russian spiritual and moral values are our cultural, historical and socio-psychological code, our “combined constructive” ideology that counteracts destructive ideology.

The article is devoted to the analysis of legislation, conventions and recommendations of the International Labour Organization, as well as doctrinal sources concerning the development of social partnership in the Russian Federation, the People’s Republic of China, and the Republic of Belarus. The role of the state, trade unions and entrepreneurs in ensuring the sustainable development of society and the state is reflected. It was emphasized that in developing social partnership, states are guided by the achieved level of socio-economic development and future prospects.

The article analyzes the formula of legal capacity, proclaimed in Part 2 of Art. 17 of the Civil Code of the Russian Federation: “The legal capacity of a citizen arises at the time of his birth and ends with death”. The author considers the categorical nature of this legislative postulate to be incorrect, moreover, in both postulates. The first substantiates the situation in which a person in his development goes through two stages: from the moment of his conception to the moment of his birth, and from the moment of his birth to his death. And at both stages it must be regarded as a bearer of subjective rights. Moreover, if the second stage has always and everywhere been in the center of attention of the legislator, then the first, with minor exceptions, is outside legal support. Nevertheless, the human embryo in the womb of a pregnant woman is, together with her, in the legal field of criminal, labor, family, inheritance, housing, and civil legislation. In the second, taking into account the achievements of modern biological (and other industries) science, the author believes that a cryonized, terminally ill person, who is considered, in the legal sense, dead, after a hundred, for example, years, can be thawed and cured. It is noted that there are, including in Russia, clinics specializing in this. The author considers it necessary to expand accordingly, in both directions, the concept of legal capacity.

The research is devoted to the topical issue of the formation of the legal conceptual framework in connection with the regulation of public relations in the field of development and implementation of artificial intelligence. The research uses general scientific methods of analysis, synthesis, description, as well as formal logical and comparative legal methods on the basis of system approach. The research addresses existing legal approaches to the definition of artificial intelligence as a generic concept in the relevant subject area that are enshrined in strategic planning documents, Russian and foreign legislation, technical regulation documents and scientific sources. On the basis of the presented research, the authors substantiate the advisability of understanding artificial intelligence as a type of information system with certain characteristics. The authors have found that the autonomy of the system, collection and assessment of digital data, self-learning and other characteristics of artificial intelligence are secondary, but at the same time they are also significant for legal regulation. The research has made it possible to draw conclusions about the advisability of forming an ordered system of legal norms-definitions in the area under consideration worldwide and in Russia.

In connection with the constitutional recognition of local self-government as one of the components of a unified system of public authority in the Russian Federation, there is a problem of revising the levels and delimitation of powers between the federation and its subjects in the field of regulation of the municipal service. This problem is especially acute in the field of forming qualification requirements for municipal service positions. This issue directly affects the constitutional principle of equal access to municipal service, as well as the principle of the unity of the legal status of citizens throughout the Russian Federation. According to the authors, the overly broad powers granted in this matter to the constituent entities of the Russian Federation do not correspond to either these principles or the public nature of the municipal service. The article justifies the need to federalize the basic qualification requirements for municipal service positions, primarily for the education and seniority necessary to fill the position. At the same time, the authors note the problem associated with the availability of qualified personnel in various municipalities, up to a tangible “personnel hunger” in some of them. This problem should be solved on the basis of differentiation of qualification requirements for the level of education and by length of service for filling positions in the municipal service can be based on a combination of three criteria: the type of municipal formation (while maintaining a two-level division of municipalities); population size, as well as the population density of the serviced territories (the latter criterion can be applied not only for the municipality as a whole, but also for the territorial units included in their composition). Moreover, such differentiation should be laid down at the federal level.

The article is devoted to certain problematic issues of the objective side and the subject of the corpus delicti provided for in part 1 of article 301 of the Criminal Code of the Russian Federation. The clarifications of the Supreme Court of the Russian Federation, given in 2022, largely eliminated a number of controversial issues that existed in the doctrine. For example, the Supreme Court of the Russian Federation expanded the number of subjects of this crime, and also indicated that this crime can be committed, including in the form of inaction. However, the Supreme Court of the Russian Federation ignored certain problematic issues, and some of its clarifications are debatable. The latter, in particular, include the presence of corpus delicti provided for in part 1 of article 306 of the Criminal Code of the Russian Federation, if the arrest was carried out in the absence of a decision to institute criminal proceedings. This and other problematic issues of deliberately unlawful detention are discussed in this article.

Armed defense of the state is a unique value that has a local positioning in the system of social values and reflects the implementation of strictly defined needs of the state, society and people in their existence. The system of values, including general social values (state, society, people) and unique values of armed defense of their existence form, predetermine, and condition all other social formations in real and legal reality – the formation of a unique community of military conflicts and a specific legal formation built on it – the law of military conflicts, which by its legal nature has the properties of both uniqueness and specificity. These properties predetermine the objective specificity of the subject and method of legal regulation of military relations, a branch of Military Law. Management processes consisting of armed confrontation links are carried out using specific means – weapons and military equipment, as well as the use of specific management methods. These two objective circumstances exclude any natural social kinship with other, “civilian”, ways and methods of implementing management activities. Due to this, Military Administrative Law cannot be included in Administrative Law due to completely different, incompatible, disparate value basis of these two systemic legal entities. The object of military conflict relations is the relations of armed confrontation. If we look even deeper, into the internal social space of armed confrontation relations, we will see its value basis – an integral system of values, which is the foundation for the formation of other social entities, hierarchically built over the value system – the integrity of military conflict relations; the integrity of the law of military conflicts; the integrity of Military Law (system and branch of law). Military values are values that do not create the conditions for ensuring military confrontation, but create the conditions of military (armed) confrontation proper; these are values based on the historical experience of protecting and implementing state, public and personal interests at a certain ideological level, reflecting the most objective methods and methods of waging war (military/armed confrontation), which together constitute the art of war. Due to the fact that military values allow the destruction of people and individuals subject to prohibitions and restrictions, they objectively require the formation of a certain, separate material and ideal environment. We are talking about the military organization of the state, or more precisely only about its key link – the armed forces, and the ideal (subjective) legal environment that formalizes the behavior of troops, determines military management activities based on military values formed historically in the process of the emergence and development of human civilization. Due to its genesis, natural dissimilarity, value opposition to the peaceful environment, the systemic social formation – the relations of military conflicts, and their superstructure legal mediation – the law of military conflicts, objectively cannot be part of social systems (spheres of social reality) that are unified with the peaceful environment. They represent independent, sovereign social systemic entities, on the basis of which an independent holistic entity is formed in the legal matter – a branch of Military Law in the Russian legal system, the core of which is the law of military conflicts.

The article explores the legal status of credit institutions, characterized by its dual private-law and public-law nature. It analyzes the challenges arising from credit institutions performing public-law functions, manifested in legal conflicts, judicial disputes, and imbalances in liability. The Russian and foreign experience in legally formalizing the role of banks in implementing state financial policy is examined. Based on the analysis, the article concludes that it is necessary to develop legal mechanisms ensuring a balance between the objectives of fulfilling credit institutions’ private-law and public functions, while also facilitating their reorientation towards core credit and investment activities.

The article examines the identity of the Russian education system as one of the key elements of sovereign state development from a constitutional and legal perspective. Distinguishing between the categories of national and constitutional identity, ideally normative and actually social in their understanding, the author argues that Russia, rethinking its civilizational uniqueness, is moving in the constitutional process towards a more complete formalization of historically established values and ideas that define the education system, giving them a regulatory character and protection mechanisms, which should be adequately reflected in currently developing an education development strategy. The constitutional identity of the national education system is defined as a set of essential parameters of the education system determined by the values, principles, goals, linguistic and civilizational identity of the people, explicitly or implicitly enshrined in the Constitution and stemming from the national heritage. The key characteristics of this identity are: fundamentality, unity of education and upbringing, discipline, connection with vitality, striving for progress. The central role of the teacher is emphasized, the possibilities and risks of introducing artificial intelligence technologies as a tool are discussed, but not the values of the educational model itself.

The article is dedicated to researching of life journey and creative legacy Professor Ivan Sergeevich Samoshchenko. Particular attention is paid to analyzing his theoretic researches of delicts, legal responsibility and protection of legal order. The article covers the contribution to the preparation of the most important legislative drafts.

The article is devoted to the analysis of the values of Russian constitutionalism of the pre-October period. These days, this issue is coming to the fore in connection with the need to define the modern state ideology of Russia. One of its foundations and components are the values of Russian constitutionalism, accumulated and developed over the centuries. The author proceeds from the fact that constitutionalism is primarily a real state-legal practice, expressed in two aspects: the existence of the constitution in practice, its corresponding structure, and content; the existence of real guarantees of the provisions of the Constitution and their implementation in life. There is also a theoretical constitutionalism. The values of constitutionalism become such when they correspond to universal and our traditional values, reflect the uniqueness of the country, prove their viability, relevance, effectiveness, are understandable, supported, protected by the population, and have a lasting character. Originating initially in ideas, doctrines, and theories, such values are later, as a rule, translated into practice in specific institutions, and their status is fixed in legal acts and the constitution. The following stages in the history of Russian constitutionalism and its values in the period under consideration are quite clearly traced: before 1905 – monarchical; 1905 – February 1917 – constitutional-monarchical; March – October 1917 – republican. The analysis shows that in the pre-October period, the following values of Russian constitutionalism were formed in the country, which were embodied in practice, in legal acts, including the Basic State Laws of 1906: the existence of a real constitution; the participation of the people in the exercise of state power and, above all, representative democracy; legislative consolidation of the rights and freedoms of citizens and their real protection; local government. A number of values were actually embodied in the future. For example, the use of the term “basic law” in a number of Soviet constitutions, which was used in relation to the Basic State Laws of 1906; the consolidation of the status of local self-government in the 1993 Constitution of the Russian Federation.

The present study offers a comprehensive analysis of the evolution of the concept of state sovereignty in Western European political and legal thought from the 16^th to the 19^th century. The historical genesis of sovereignty’s conceptual development, influenced by diverse social processes, can be divided into distinct periods, each marked by characteristic transformations in understanding this phenomenon – from its emergence and consolidation to its gradual erosion and fragmentation. The research spans the period from the formation of classical sovereignty doctrine in the 16^th century to its critical reevaluation in the 20^th century, with particular focus on key theoretical paradigms (absolutist, liberal, popular-sovereign, and pluralist), their mutual influence, and historical transformation. The methodological framework incorporates historical, comparative-legal, and institutional research methods. Today, sovereignty remains a foundational concept in both political science and jurisprudence. Its interpretation has varied significantly across cultural contexts and historical conditions. The study’s findings reveal the dialectical nature of sovereignty’s conceptual development, demonstrating both continuity in core principles and radical contradictions among European thinkers’ theoretical models. The article contributes to and complements modern discussions about the nature of state sovereignty and its variability in the context of specific historical processes.

The article is an overview of the most interesting reports presented at the International Scientific Conference “Living constitution: modern interpretations” held on June 3, 2025 at the Institute of State and Law of the Russian Academy of Sciences. Representatives of leading scientific institutions and universities of Russia, as well as researchers from Belarus, took part in its work. A wide range of problems related to modern interpretations of the “living constitution” doctrine, which allows adapting constitutional texts to current civilizational challenges without formally amending them, were considered.