Nº 12 (2025)
Articles
PROSPECTS FOR THE FORMATION OF A RUSSIAN STATE-CIVILIZATION IN THE FOCUS OF A PHILOSOPHICAL-LAW APPROACH
Resumo
The scientific and practical relevance of the problem under consideration is due to the theoretical underdevelopment of the concept of “state-civilization”, as well as the need for Russia to more clearly position itself as a state-civilization in the context of global transformations associated with the transition to a multipolar world order. The author set the following goals: to give a clearer definition of the concept of “state-civilization” based on the distinction between such concepts as “civilizational identity” and “sociocultural originality”; to analyze the main problems associated with the formation of Russian civilizational identity; to outline the directions of philosophical and legal understanding of Russian civilizational specifics; to answer the question of whether Russia at this stage of its development can be considered as a state-civilization or is it still a project, the implementation of which requires the implementation of an appropriate state and legal policy. The analysis concludes that Russia, which has enormous civilizational potential, is still in the process of becoming a state-civilization. Progress in this direction is hampered by the absence of a value mainstream in the public consciousness of Russians that would express the commitment of society to a certain type of civilizational development, as well as the lack of development of a national project for the future that would be able to unite society and become (due to its universal significance) a factor of “soft power” that would attract allies beyond its borders. To solve these problems, it is necessary to have such a state policy in the field of forming the civilizational identity of Russia that, on the one hand, would be based on the spiritual and sacred sources of Russian statehood, and on the other, would be part of the strategy of Russian modernization.
7-15
RATIONAL USE OF NATURAL RESOURCES AND SUSTAINABLE DEVELOPMENT: A CIVILIZATIONAL APPROACH TO THE PHILOSOPHY OF ECOLOGICAL LAW
Resumo
110-125
POLITICAL EXTREMISM AS A THREAT TO THE NATIONAL SECURITY OF THE RUSSIAN FEDERATION: POLITICAL AND LEGAL SUPPORT FOR COUNTERING
Resumo
126-134
QUALIFYING SIGNS OF COERCION TO TESTIFY (PARTS 2–4 OF ARTICLE 302 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): CURRENT ISSUES
Resumo
135-140
THE MODERN SCHOOL OF HUMAN RIGHTS OF THE INSTITUTE OF STATE AND LAW (E.A. LUKASHEVA'S CONTRIBUTION TO LEGAL DOCTRINE)
Resumo
141-153
FORMATION AND DEVELOPMENT OF THE CONSTITUTIONAL DOCTRINE AS A FACTOR IN IMPROVING THE PRACTICE OF CONSTITUTIONAL JUDICATURE
Resumo
154-162
MINIMUM WAGES: INTERNATIONAL LABOR STANDARDS AND LEGAL REGULATION IN THE EAEU COUNTRIES
Resumo
163-172
THE CONSTITUTIONS OF THE FIRST HALF OF THE 19th CENTURY AS AN ELEMENT OF THE EVOLUTION OF AUTOCRATIC POWER
Resumo
173-183
THE PRINCIPLE OF UNITY OF BUDGET ACCOUNT IN RUSSIAN BUDGETARY LAW: A RETROSPECTIVE APPROACH TO UNDERSTANDING
Resumo
184-195
INTELLECTUAL PROPERTY PROTECTION AND DIGITAL PLATFORMS
Resumo
196-202
FORMATION OF A HOLISTIC PICTURE OF RUSSIAN HISTORY: SYNTHESIS OF ARCHAEOLOGY, HISTORIOGRAPHY AND HUMANITARIAN THOUGHT
Resumo
203-206
THE LEGAL ECONOMIC RELATION AS AN OBJECT OF THE INTERDISCIPLINARY RESEARCH
Resumo
207-213
ON THE SEARCH FOR WAYS TO CONVERT THE RESULTS OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES INTO CRIMINAL PROCEDURAL EVIDENCE IN THE RUSSIAN FEDERATION: INTERDISCIPLINARY RESEARCH
Resumo
214-220
Discussions and debates
THE PHENOMENON OF LEGAL LIABILITY: FROM IDEA TO REALITY (theoretical and legal research)
Resumo
The article attempts to comprehend the term "responsibility", the formation and development of ideas about responsibility throughout the thousand-year history of human civilization. The evolution of ideas about responsibility is shown starting from the Russian Truth and ending with the Soviet period of development of Russian statehood (late 80s). Particular attention is paid to the analysis of the development of ideas about responsibility, including criminal responsibility in the period from the end of the 18th to the beginning of the 20th century. The role of academic legal science, scientists of the Institute of State and Law in the development of ideas about the phenomenon of responsibility is emphasized. An analysis of various approaches to understanding the essence of the term "responsibility" formed in the 1950–1970s is carried out. Conclusions are made based on the results of the study. The article continues the study of responsibility as a social phenomenon, previously begun by the author.
71-81
THE CONCEPT OF SECONDARY RIGHT IN A CONTEXT OF THE FORMULA OF SUBJECTIVE RIGHT BY S.N. BRATUS'
Resumo
Within the framework of this article, the author continues the scientific development of such a construction of German law as transformative rights and their separate type – secondary right in relation to the Russian legal system. To this end, the author, using the potential of historical, legal and comparative legal methodology, examines in detail the existence of the construction of secondary right in the context of two main concepts of understanding subjective rights: volitional with its inherent theory of imperatives and interest with its inherent theory of permissions. At the same time, for the sake of objectivity, the previously identified signs of secondary rights are described in detail. Focusing on the provisions of these legal ideas and the characteristic features of secondary right, the author consistently comes to the conclusion that the construction of secondary right is indifferent to the theory of imperatives and their coherence with the theory of permissions. In parallel with this, a critical analysis of the understanding of subjective law as the right to one's own behavior of an authorized person, which prevailed for a long time in the Russian legal doctrine, proposed in the late 40° and early 50° of the XXth century by the prominent Soviet jurist S.N. Bratus. Subjecting the individual components to the study S.N. Bratus' ideas about subjective right, the author believes that it is more relevant to the description of the essence of the secondary right, rather than any subjective right. At the same time, the formula of S.N. Bratus's subjective right is finalized by the author for the completeness of the description of the construction of the secondary rights by introducing into it the attribute of the unconditionality of the action of the authorized person for the onset of the legal effect.
82-88
Civil and entrepreneurial law
ON THE NECESSITY OF LEGISLATING THE STATUS OF THE SELF-EMPLOYED IN THE RUSSIAN FEDERATION
Resumo
99-109
Philosophy of law
THE BOUNDARIES OF THE PHILOSOPHY OF LAW AND ISSUES OF HISTORIOGRAPHICAL RESEARCH
Resumo
The article presents the results of a study on one of the most complex and challenging problems in fundamental legal science, related to defining the limits of the Philosophy of Law. To solve this problem, it may be necessary to turn to studying the logic of sense-making in various traditions of historical philosophical and scientific thinking. The specific logic of sense-making in state and legal matters has certain characteristics, the identification of which allows for a more accurate and objective understanding and description of various legal traditions, going beyond the scope of philosophical and juridical analysis. Recognising the logic of sense-making in state and law requires those basic, intuitive attitudes that characterise a particular way of thinking about and perceiving the world, as coherent and integrated. The findings of research in modern philosophy, particularly those conducted by Academician of the Russian Academy of Sciences A.V. Smirnov, are of significant methodological significance. For the European legal system, it is crucial to contrast ancient logic as substantial and its later adaptations within national legal cultures, while for the Anglo-American legal tradition, initial intuition regarding processuality is most accurate, also characteristic of Arab-Islamic culture. Considering semantic logic types is seen as a promising task in shaping the Russian historical model of political-legal knowledge.
16-25
MORALITY AND LAW, OR BEYOND POSITIVISM AND NATURAL LAW
Resumo
The article examines the problem of the relationship between law and morality in the context of the relationship between positivism and natural law. The author substantiates the idea that morality is a prerequisite for law and its goal, which is especially important in today's world, where the ideas of postmodernism and formalism are spreading, and the digitalization of human relationships is taking place. The article concludes that it is necessary to change the paradigm of legal understanding in connection with the adoption of Presidential Decree No. 809 of November 9, 2022, "On the Approval of the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values" and the perception of the traditions of Russian theory and Philosophy of Law.
26-35
THE PHILOSOPHY OF EUROPEAN CONSERVATISM IN FOCUS ON POWER AND LAW
Resumo
The article is devoted to understanding the phenomenon of the philosophy of European conservatism in the context of politics and law. The authors notes the need to update the philosophy of European conservatism taking into account cognitive and applied aspects. It is important to follow the installation to overcome the unscientific and one-sided view of conservatism as an obsolete and reactionary phenomenon of social thought. Conservatism is a full-fledged philosophical trend in political and legal thought along with liberalism and socialism, demonstrating the growth of its significance in the context of the crisis of the liberal tradition. The article analyzes the historical and intellectual prerequisites for the genesis of conservatism in connection with the collapse of the medieval system of Europe and revolutions in the countries of the Western world. Separately, a classification of conservative socio-philosophical concepts is carried out on various grounds: attitude to progress, the role of religion, the national factor, etc. A special place in the study is occupied by the identification of the epistemological and axiological foundations of conservatism: mysticism, anti-rationalism, organicism, solidarity, the cult of public and state interests, elitism and the idea of service, etc.
36-46
Legal, political, philosophical and religious thought
THE PROTECTION OF THE SLAVIC WORLD AS A POLITICAL AND LEGAL CONCEPT OF RUSSIAN CIVILIZATIONAL IDENTITY: THE RETURN OF THE GEOPOLITICAL PRINCIPLE
Resumo
The article examines the issues of civilizational development of Russia through the prism of legal historiography. It is argued that the protection of the Slavic world is a political and legal concept of Russian civilizational identity, without the understanding of which the completeness of the system of Russian political and legal knowledge is inconceivable. After considering the role of Slavophilism in the Russian political and legal culture, the factor of Slavic reciprocity in the modern political and legal concept of Russian civilizational identity, the conclusions are argued that only taking into account the need to strengthen the leading role of Russia in the Slavic world of Europe can ensure the sustainable development of the civilizational space of Russian political and legal culture; that the mission of protecting the Slavic peoples, included in the meanings of the Russian civilizational identity, should be constitutionally enshrined as a constitutional value and part of civic identity; that the preservation and deliverance from ideological deformations of the Russian civilizational identity requires the return of the protection of the Slavic world to the list of Russia’s foreign policy priorities; that the consideration of the protection of the Slavic world as a political and legal concept of Russian civilizational identity implies the need to understand the role of multi-level political decisions in the sphere of national state-building. the spiritual and geopolitical revival of historical Russia, it is necessary to form a new Union state on the basis of the Russian Federation – the Russian Union – and the creation a broader state confederation around Russia.
47-54
В субъектах Российской Федерации
THE LEGAL NATURE OF MUNICIPAL GOVERNMENT IN THE SYSTEM OF PUBLIC POWER A SUBJECT OF THE RUSSIAN FEDERATION
Resumo
The author attempts to investigate the contradictions of the activities of municipal authorities in the system of public authority of the subject of the Russian Federation. The free exercise of authority is limited by institutional, organizational and resource factors. It is proved that the existing restrictions caused the presence of a tendency to reduce the number of municipalities, the growing discrepancy in the system of "powers – resources" and "targets – implementation" and led to a decrease in the effectiveness of municipal public authorities.
89-98
Court, prosecutor’s office, bar, notarial system
FEATURES OF LEGAL REGULATION OF THE FUNCTIONING OF THE JUDICIAL SYSTEM IN SPECIAL CONDITIONS (CIRCUMSTANCES)
Resumo
The functioning of the judicial system must be ensured under conditions different from the usual (normal) ones. These are conditions in the event of an emergency (or the threat of its occurrence), the introduction of the legal regime of a counter-terrorist operation, a state of emergency or martial law, as well as the announcement of mobilization. The right to legal proceedings and dispute resolution by court is one of the fundamental human rights that cannot be violated under any circumstances, regardless of external conditions or the behavior of the subject of legal relations. At the same time, along with the fact that the right to judicial protection is a constitutionally significant value, the federal legislator is given the opportunity by constitutional provisions to establish a certain procedure and method of seeking judicial protection depending on the conditions of the situation and the behavior of a person. The subject of the research is the knowledge of the order and features of the functioning of the judicial system when introducing special legal regimes or the emergence of special conditions, the purpose of the research is comparative legal and systemic knowledge of the legislative order and methods of implementing judicial protection when introducing special legal regimes in special conditions, as well as the development of proposals for amending the current legislation. The knowledge of the order and features of the functioning of the judicial system in special conditions was carried out using a systemic and comparative legal study as a methodological platform. The use of such a methodology determined the coordinated application of the methods of analysis and synthesis, induction and deduction, historical and dialectical methods, as well as structural, component and functional study within the framework of the systems approach. By describing and substantiating the order and features of the functioning of the judicial system in special conditions, the work reveals the dynamics of the functions of the judicial system depending on its conditions. Based on the results of the study, the author propose amendments to the legislation on the activities of military courts, counter-terrorism, emergency situations and circumstances, which are aimed at organizational and procedural improvement of the rules governing the functioning of the judicial system when introducing special legal regimes or in emergency (other special) circumstances.
55-63
CRIMINALISTIC SUPPORT FOR THE INVESTIGATION OF CRIMES IN THE CONTEXT OF A SPECIAL MILITARY OPERATION IN THE PRACTICE OF THE INVESTIGATIVE COMMITTEE OF THE RUSSIAN FEDERATION
Resumo
The article discusses current issues of criminalistic support for the investigation of crimes committed in the context of a special military operation and in new regions of the Russian Federation. The methodological recommendations developed by the Main Directorate of Criminalistics (Criminalistics Center) of the Investigative Committee of the Russian Federation for effective investigative actions in the context of a special military operation. Special attention is paid to the use of modern technologies such as unmanned aerial vehicles, digital analysis methods, as well as interagency interaction with other law enforcement agencies. The paper provides examples of practical application of the developed techniques, including inspection of accident sites, interrogations, examination and presentation for identification. The article also examines the specifics of investigating crimes related to the use of prohibited means and methods of warfare, and the experience of investigative agencies in the territories of the Donetsk and Lugansk People's Republics, Zaporozhye and Kherson regions.
64-70

