编号 6 (2025)

The article is devoted to an important prerequisite for the judicial reform of 1864, namely the absence of the principle of equality of all before the law and the court. The subject of the study is the restriction of access to justice of the population associated with the gradual formation of the class system and the enslavement of peasants. The purpose of the work is to identify the significant features of the judicial system of the pre-reform period that hampered the population’s access to justice.
To write the article, the dialectical, historical and legal methods, the method of analysis and synthesis, and the formal legal research method were used. Regulatory legal acts and scientific literature of the pre-revolutionary and modern periods are analyzed.
The author argues that the restriction of the rights of serfs, the administration of justice by landlords against them, and the existence of estate courts reflected the qualities of the judicial system’s insolvency. The “old court” reached its culmination in the 18th century. The lack of equality of all before the law and the court in the pre-reform court in a country with an absolute monarchy created many additional unresolved issues that hindered the development of the judicial system as a whole. This fact, as well as the class character of society, gave rise to a sluggish estate judicial system, limited the rights of the lower classes and provided the permissiveness of the upper class. The thesis is substantiated that the abolition of serfdom and the restructuring of the court system during the progressive Judicial reform of 1864 contributed to the convergence of the legal status of different groups of society before the law and the court, introduced liberal principles and institutions into the judicial system.

This article provides a legal analysis of the recently actively practiced methods of financing corruption, terrorism, extremism, and money laundering through online bank transfers in the retail market. The risks associated with this have been identified and the need for their hedging has been identified. Based on the analysis of financial law regulations governing legal relations in the field of money transfers using the national payment system in the context of financial anti-terrorism/anti-extremism/anti-legalization/anti-corruption monitoring, gaps in current legislation and a system of criminogenic factors have been identified. This actualizes the need for a revision of domestic law in the designated area.

The article points out that there is uncertainty in the interpretation of the term “judicial mediation” in Russia, which continues to this day. The topic of expanding the scope of application and increasing the effectiveness of conciliation procedures in the civil process also remains relevant: new names for conciliation procedures with new content are proposed. When developing new conciliation institutions, it is also important to propose the correct name for the conciliation procedure. To do this, scientific arguments on the classification of conciliatory institutions should be taken into account.
It should be taken into account that when the powers to regulate, organize, and conduct mediation are transferred to the jurisdiction of government agencies, this procedure becomes public. Depending on the jurisdictional body into which public mediation is integrated, it can be: notarial, judicial, administrative. With this classification, “judicial mediation” should be understood as mediation integrated into judicial activity, that is, one of the types of judicial activity.
The content of the concept of “mediation” differs depending on the approaches to its interpretation: collective or exclusive. With a collective approach, “mediation” is considered as a conciliation procedure with the participation of a mediator. The paper concludes that with a collective approach to the concept of “mediation,” the institution of “judicial reconciliation,” created by Federal Law No. 197-FZ of July 26, 2019, can also be called the institution of “judicial mediation.” This conclusion is fair because, firstly: judicial reconciliation takes place with the participation of a mediator, and secondly: the jurisdiction of the court has the powers to regulate, organize, conduct judicial reconciliation, as well as to approve the results of reconciliation.
Consideration of the term “judicial mediation” in an exclusive interpretation will be possible with the normative consolidation of the procedure and the institution of “judicial mediation”. Moreover, if this conciliation procedure is enshrined in law, then for the correct use of the term “judicial mediation” in an exclusive interpretation, it will have to be one of the types of conciliation activities in judicial activities.

The article analyzes the latest changes in legislation and judicial practice of arbitration courts on invalidation of extraordinary transactions. The reform of the legislation on extraordinary transactions is aimed at eliminating the single concept of invalidity for large transactions and related-party transactions: large transactions require the approval of members of the board of directors or the general meeting of participants (shareholders), and interested-party transactions, as a general rule, do not require approval, except in cases where the persons named in the law insist on approval.

The article discusses issues related to the substantive component of the evaluative concepts of private law (primarily hereditary and family law). The purpose of the work is to consider the issue of the semantics of evaluative concepts from the point of view of doctrine and law enforcement. Objectives of the article: 1) consideration of the question of what are the rules for classifying certain concepts as evaluative; 2) analysis of what falls within the framework of this concept (generally accepted semantics of legal language or something else); 3) research of the phenomenon of evaluative concepts and through the prism of dialectics; 4) consideration of the specifics of the presentation of the norms of law containing evaluative concepts. 
Research methods: dialectical, analysis, synthesis, formal legal.
The qualifying criteria of evaluative concepts are their collective nature, relative certainty, and connection with discretion and law enforcement. A distinctive feature of some evaluative concepts of inheritance and family law is their close connection with other social regulators. Individual evaluative concepts can be attributed to the number of pragmems. 

The modern institution of appeal and evaluation of court decisions includes two groups of grounds for the cancellation or modification of previously adopted court decisions related to significant violations of criminal procedure legislation. If the first group of grounds indicates specific violations of the law, then the second does not have enough specific indications of any circumstances that can be considered unconditional for the cancellation or modification of court decisions. Therefore, a detailed analysis of them is necessary. 
The purpose of this scientific article is to study the problems associated with understanding and evaluating the grounds for revoking or changing court decisions. The objectives of the study include the analysis of all grounds for the cancellation or modification of court decisions taken in various judicial instances reviewing decisions of lower courts and the formulation of recommendations for their application in judicial practice.
The methodological basis of the research was the dialectical method of cognition, as well as various combinations of such private scientific methods as comparative legal, formal logical, technical legal and others. 
As a result of the conducted research, the analysis and analysis of the main grounds for the cancellation or modification of court decisions in various judicial instances was carried out and some recommendations for their application in judicial practice were formulated. In particular, it has been established that the grounds for the cancellation or modification of court decisions are most fully regulated when considering cases in courts of appeal and are applicable in other judicial instances. The modern institution of appeal and evaluation of court decisions includes two groups of grounds for the cancellation or modification of previously adopted court decisions in connection with significant violations of criminal procedure legislation. The first group of grounds is related to specific violations of the criminal procedure legislation and is expressly stipulated in the law. The use of this group of bases can be unconditional. The second group of grounds does not contain specific indications of any circumstances that can be regarded as unconditional and an analysis of judicial practice is necessary to assess them.

The ban on analogy when describing specific crimes in the administration of justice is considered as one of the guarantees of the principle of legality. The theoretical construct about the effectiveness of the analogy of law, which justifies the weakening of established guarantees over legal certainty, is subjected to critical analysis.
The principle of legality is contained both in the constitutional norm and in the criminal norm; therefore, it is not only a requirement of legal certainty, requiring only the possibility of prior knowledge of crimes and punishments, but also a political guarantee that a citizen cannot be subjected by a judicial body to pu­nishments that the collective the will of the people does not accept, that is, it is a constitutional principle and a fundamental principle of criminal law.
The prohibition of analogy means that the judiciary cannot act as a legislator. Analogy is prohibited as a means of creating and expanding criminal norms, as well as increasing punishment and security measures, which is a guarantee of the administration of justice. To avoid this, the law must be written in as clear and precise a manner as possible, the author argues that the “lex stricta” imposes a certain degree of precision on the criminal law and excludes analogy in the qualification of the crime and the application of punishment.

The historical development of the international legal system demonstrates that crises have often arisen due to insufficiently developed conceptual frameworks. Accordingly, it’s fitting to analyze the experience of its improvement accumulated by British and American courts within the given timeframe.
The aim of this study is to identify the features of resolving discrepancies in English legal terminology, examining their historical function in mitigating crises affecting the international legal order.
The theoretical basis of the research was the scientific works of Russian experts in international law, as well as the works of British and American legal theorists and practicing lawyers of the 19th and early 20th centuries. The research applied general scientific methods (analysis and synthesis, etc.) and methods of legal science (historical-legal, formal-legal).
As a result of the study it was found that attempts to disclose the content of law of nations and determine the range of its sources were made by the British and American courts as early as the 18th century, and the position they outlined during the same period stating that the law of nations is the part of domestic law of Great Britain and the United States will prevail for the legislation and judicial practice of these states throughout the reviewed period. The change in the 19th – early 20th century of doctrinal ideas about the law of nations entailed a gradual abandonment of this term in favor of the concept of “international law”, while in parallel in the Anglo-American legal tradition there was a process of choosing among a number of closely related concepts the most suitable term characterizing the peculiarities of resolving cases with a foreign element. Finally, the fight against such phenomena as the slave trade, piracy, military smuggling, which definitely contributed to the crises of the international legal system of that time, required the British and American courts to develop appropriate definitions.