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编号 9 (2025)
- 年: 2025
- ##issue.datePublished##: 09.09.2025
- 文章: 12
- URL: https://journals.rcsi.science/2072-909X/issue/view/24892
Invitation to the discussion
Reflections on Some Imperfections of the 2020 Constitutional Innovations in the Justice System
摘要
Part 3 of Art. 118 of the Constitution of the Russian Federation (as amended in 2020), which establishes the structure of the judicial system of the Russian Federation, does not include military courts. Federal constitutional legislation classifies them as courts of general jurisdiction. The paper proves that this is not the case; military courts, like arbitration courts, are courts of special jurisdiction, and courts of general jurisdiction do not consider cases assigned by law to the jurisdiction of military courts. The system of military courts itself is almost identical to the system of arbitration courts, which is also specialized. Another imperfection of the constitutional innovations of 2020 is also considered – the assignment to the Federation Council of quasi-judicial functions to terminate the powers of a number of categories of judges for committing serious offenses.
5-9
Theoretical and historical legal studies
Practical Problems and Effectiveness of Law Enforcement in the Consideration of Cases of Alimony Obligations by Courts in the Soviet Period: Historical and Legal Research
摘要
Such an institution of family law as alimony obligations has come a long way of formation and development: from mention in Russian Pravda to the present. However, as legal scholars point out, it was during the Soviet era that the foundations of legal regulation of marital and family relations that are in force today were formed.
Despite the rather high level of elaboration of Soviet legislation in the studied area, law enforcement agencies often faced problems of implementing regulatory requirements in practice: these are issues of determining the amount of payments and the existence of actual circumstances for payments, the execution of decisions made (including in case of loss of writ of execution), and even the search for defendants in the case. The courts were an active participant in the proceedings in the category of cases under consideration: on their initiative, the process of considering an alimony dispute could begin, the court could make a decision on the defendant’s drive, and decided many procedural issues. In practice, the contribution of the judiciary to the development of modern legislation on alimony obligations is no less than the activities of legislative bodies.
It is the activities of Soviet courts in the context of resolving problematic issues of alimony that is the subject of this study.
10-15
At the Origins of Indian Legal Culture: Studies by Judge W. Jones
摘要
Based on the portrait method of historical research, the professional (primarily scientific) activities of Sir William Jones, an outstanding British legal scholar and philologist, who served as a judge of the Calcutta Supreme Court during the existence of the colonial judicial system in India, are highlighted. The introduction substantiates the novelty of the subject under consideration, due to the fact that the work of W. Jones has not attracted the attention of representatives of Russian legal science at the moment. This circumstance is partly due to the lack of interest in the study of Indo-Iranian (Avestan and Vedic) legal cultures and their influence on the formation of the legal consciousness of the ancient Slavs. Meanwhile, in the fields of scientific knowledge related to jurisprudence (and above all in the framework of such a field of research, which is designated as linguistic paleontology), there is more and more evidence of the presence of such an influence.
The article examines the main stages of the scientific and professional biography of W. Jones as a researcher of the legal culture of ancient India, the first translator of Manu Laws into English, the founder of the Asian Society in Calcutta, a scientist whose work formed the basis for the formation of Indology as a branch of Oriental studies, comparative mythology as a direction and methodology of scientific research on the culture of the Ancient World and linguistic comparative studies as a comparative historical study of the degree of kinship between the languages of different peoples, dating back to a common ancestral language.
The article analyzes the contribution of W. Jones to the study of ancient Indian legal culture and to the creation of a new legal and judicial system in India based on combining the legal content of local customs and laws of the British Empire with their strict formal certainty.
In conclusion, the need for a deeper study of the legal culture of Ancient India is noted and the relevance of research in this field for domestic legal science is substantiated, due to the influence of Indo-Iranian culture on the formation of the legal consciousness of the ancient Slavs.
16-24
Public law (state law) studies
On the Legal Nature of Professional Activity in the Securities Market
摘要
This article is devoted to the legal issues of professional activity in the securities market, in particular brokerage activities. Special attention is paid to legal issues related to the application of grounds for revoking licenses of professional participants in the securities market due to the failure of a participant in the stock market to carry out professional activities for a long time.
The authors analyze the content of certain types of professional activities in the securities market in order to determine the grounds for revoking the license, taking into account the interests of both the regulator represented by the Bank of Russia and professional participants in the securities market. The article examines the genesis of the change in the position of the Russian financial mega-regulator. In conclusion, the author suggests some legal solutions that could improve the legal regulation of this issue in the public and private legal context.
27-33
The Modern Mechanism for the Compulsory Enforcement of Recovery of a Verified Negative Balance Amount on the Unified Tax Account from Individual Taxpayers
摘要
The article describes a new mechanism for the enforcement of tax debt collection from individuals, which has been in effect since 1 January 2023, topical issues that arise in the judicial procedure for collecting negative balances on unified tax account. The authors considered the compulsory procedure for collecting verified debts, in terms of the new procedure for calculating the terms for the compulsory performance of the aggregate obligation in relation to taxpayers – individuals. The mechanism for implementing the settlement procedure and the updated compulsory procedure for collecting tax debts from individuals was gradually considered.
34-44
Private law (civil law) studies
Problems of Implementing the Principle of Guaranteeing Compensation for Harm to Victims Within the Framework of Compulsory Insurance of Civil Liability of Vehicle Owners
摘要
Since the adoption of the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners” and up to the present time, in the context of changes in the legal regulation of the relevant relations and taking into account the emerging judicial practice, problems have emerged in the implementation of the principle of guaranteeing compensation for harm to victims.
The purpose of this work is to establish the reasons that reduce the effectiveness of protecting the rights of victims and to determine ways to eliminate them, for which the following tasks are solved: identifying, taking into account the purposes of the Law declared for its adoption, the main purpose of civil liability insurance of vehicle owners; determining the compliance of the existing legal regulation with the provisions of civil legislation on compensation for damages and the purposes of adopting the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners”; formulating proposals to eliminate the identified deficiencies in legal regulation.
The study used formal-legal, functional methods, methods of analysis and synthesis. Conclusions are formulated that the achievement of the declared goals of the adoption of the said Law on the protection of the interests of victims in road accidents and ensuring compensation for the damage caused to them is hampered by the increasingly complex mechanism for implementing the rights of the victim and the actual establishment of additional restrictions in addition to the insurer’s liability limit.
47-53
Application of Civil Law to Actual Employment Relations
摘要
The article sets the task of studying the problem of the possibility of applying civil law to actual labor relations in cases of gaps in labor law.
Goals and objectives of the study: analysis of general scientific, legal, special and practical arguments; current judicial practice, as well as general scientific and legal literature.
In accordance with the general dialectical method of cognition, general theoretical methods were used – analysis, synthesis, deduction, induction, logical, systemic, as well as specific scientific methods – formal-logical and historical.
The article concludes that actual labor relations are not “organized” by legal regulators, but are in the sphere of legal regulation. At the same time, actual labor relations and civil legal relations regulated by legal regulators are not characterized by comparable properties, features and methods of legal regulation. Consequently, there are not sufficiently convincing general scientific and legal arguments for the implementation of legal regulators of civil legal relations to actual labor relations.
54-61
Modern Trends in the Development of Mediation in Russia
摘要
The purpose of this article is to theorize through mediation, its essence and significance in modern conditions, to analyze the legal regulation of the procedure under Russian law, its individual improvements and achievements over the 15-year period since the adoption of the Federal Law of July 27, 2010 № 193-FZ “On alternative dispute resolution procedure with the participation of a mediator (mediation procedure)”.
62-71
Criminal law studies
Actual Problems of Cryptocurrency Confiscation: Practical and Theoretical Analysis
摘要
Cryptocurrency is increasingly used in the criminal environment to commit various crimes. This is due to its high degree of anonymity of possession and disposal. At the same time, law enforcement agencies, due to its technical features, face a number of problems that make it difficult to confiscate cryptocurrency. These problems are related to the lack of state cryptocurrency wallets, difficulties in tracking transactions and obtaining access codes (passwords) from cryptocurrency wallets, etc.
In this article the author analyzes these problems of cryptocurrency confiscation and on the basis of the identified problems and judicial and law enforcement practice proposes a mechanism of cryptocurrency confiscation.
72-77
The Value Content and Goals of Criminal Law
摘要
The purpose of this article is to theorize through mediation, its essence and significance in modern conditions, to analyze the legal regulation of the procedure under Russian law, its individual improvements and achievements over the 15-year period since the adoption of the Federal Law of July 27, 2010 № 193-FZ “On alternative dispute resolution procedure with the participation of a mediator (mediation procedure)”.
The methodological basis consists of a theoretical method for a deeper study of existing theories in order to develop new concepts and ideas, a structural legal method for clarifying the norms of law; a systematic analysis, a formal logical and a method for studying and generalizing judicial practice to develop practical recommendations for improving the mediation procedure.
The author analyzes the attempts of the legislator to change the regulatory framework to improve and develop not only the mediation procedure, but other legal methods of pre-trial dispute resolution, as well as research on the causes of conflicts and disagreements in order to effectively prevent them. The colossal work on popularization and improvement of the mediation procedure in conditions of significant workload of Russian courts was noted, as well as the special importance for scientific understanding of the problems of legal regulation of the mediation procedure of mediation centers created in Russia, dissertation research by many reputable Russian scientists, regularly held scientific and scientific-practical events of various levels (round tables, sessions, forums and conferences). The ambiguity of the formulation of the definition of mediation is analyzed. The necessity of developing a federal register of mediators is argued. The issue of the use of digital technologies for online mediation and related possible risks and solutions are considered.
The official data of judicial practice are presented, indicating an insignificant number of judicial reconciliations (mediation) in civil proceedings.
In order to improve the institution of mediation, the coordinated and effective application of norms and meditative practices that would allow for the harmonious regulation of the mediation procedure, a number of proposals are given that can be taken into account by the legislator.
78-86
Authentic Interpretation in Criminal Law
摘要
Authentic interpretation, being one of the ways to establish the authentic will of the legislator, is among the most difficult for theoretical analysis. In the theory of law and in criminal law science, the opinion has been expressed that this type of interpretation, in principle, has no right to exist, since it is indistinguishable from the creation of a legal norm. Such a position nevertheless seems to be contested and significantly impoverishes the arsenal of means of interpreting the law.
The work is aimed at clarifying the question of the characteristic features of authentic interpretation, searching for additional arguments in favor of its preservation and development in criminal law, determining the specific features of authentic interpretation of sources of criminal law.
A set of classical methods of scientific cognition has been applied to solve the main research tasks. The work was carried out using documentary, historical-legal, critical research methods based on the principles of dialectical methodology, including the unity of theory and practice, objectivity and comprehensiveness.
According to the results of the study: a) the fundamental differences between the authentic interpretation and the clarification of the authentic will of the legislator are established; b) the fundamental possibility and constitutional permissibility of preserving the authentic interpretation in the arsenal of means of interpreting criminal law prescriptions is proved; c) the differentiation of the authentic interpretation of criminal law norms depending on the sources of criminal law on the interpretation of criminal law is proposed and interpretation of other sources; d) the possibility of an authentic interpretation of the criminal law has been established in the absence of a special form of such interpretation.
87-103
Looting: Criminal Law Analysis
摘要
Looting is one of the oldest war crimes. Looting has been treated differently at different times. In accordance with the history of the crime, earlier international acts understood it as robbery and seizure by force of cities or villages, some as plunder or pillage, and later as looting. Since 1907, looting has been recognized as a war crime and prohibited by international humanitarian law. Until 2022, the Criminal Code of the Russian Federation of 1996 did not include the looting offence. The Criminal Code of the RSFSR of 1960 had an Art. 266 “Looting”, but it was considered a crime against the order of military service. Currently, the novel article is introduced in the Chapter 34 of the Criminal Code of the Russian Federation “Crimes against the peace and security of mankind”. The purpose of this work is a criminal law analysis of Art. 356.1 of the Criminal Code of the Russian Federation “Looting” from the standpoint of both international humanitarian law and national criminal law.
The study was conducted using dialectical and historical methods, methods of analysis, induction, synthesis and comparative legal method. The author carried out a comprehensive analysis of criminal liability for looting in Russian criminal law. The conducted study allowed us to draw the following conclusions. Looting is a war crime that violates the rules and methods of warfare. The specifics of the crime are determined by the material target of the crime, the victims, the place and time of its commission, the identification of the presence or absence of military necessity. Looting, unlike crimes against property, can only be committed within the context established by law.
104-112