No 2 (2025)

Cover Page

Full Issue

Scientific Mentor

Morality as the Basis and Purpose of Law

Kornev V.N.

Abstract

In contrast to legal positivism, the author substantiates the close relationship between law and morality. Morality and law are very similar, but at the same time, they are different in their form and content.

This article uses general scientific methods, such as analysis, synthesis, and systematization. Additionally, the author’s opinions are based on the formal-dogmatic and hermeneutical methods of scientific analysis.

The author of the article came to the conclusion that there are sufficient doctrinal, legal and factual grounds for recognizing morality as the basis and goal of the system of normative legal regulation. The article provides a reasoned criticism of the thesis on the identification of law and morality, which is a characteristic feature of totalitarian legal doctrines. The article substantiates the thesis that traditional spiritual and moral values are the value basis of the legal order of Russia – a the state of civilization.

Themis.Science. 2025;(2):6-14
pages 6-14 views

Theory and history of state and law

Traditional Law on the Legal Map of the Modern World

Solovyov M.A.

Abstract

The article presents an analysis of traditional legal systems in the context of their relationship with positive law. The author reveals the concept and characteristic features of traditional law, explores its legal regulators, legal norms, structure and originality of legal technique. Special attention is paid to the diversity of traditional legal systems in geographical and chronological terms, their classification and the specifics of functioning in different regions of the world. Attention is drawn to the general patterns and trends of the evolution of traditional law in the context of the modernization of law, the problems of interaction of legal cultures and ensuring legal pluralism in the modern world are analyzed.

Themis.Science. 2025;(2):15-24
pages 15-24 views

Civil law

Holding General Meetings of Participants (Shareholders) and Introducing Digital Technologies

Gaidukova A.A.

Abstract

 The article addresses current issues related to the conduct of general meetings of participants using digital technologies. It examines legislative changes that came into force on March 1, 2025, aimed at regulating remote formats for conducting meetings. Particular attention is paid to issues of participant identification, technical requirements for digital platforms, and new formats for conducting meetings, including remote and hybrid options. Special emphasis is placed on innovations, such as mandatory video recording of meetings and its attachment to the meeting minutes, as well as their impact on the transparency and reliability of the procedure. Potential challenges associated with the implementation of the new norms are analyzed, including issues related to participant identification, technical failures, and risks of contesting meeting results. The article explores data protection issues in voting using digital technologies, as well as ways to enhance transparency, confidentiality, and stability of the voting process. Possible solutions are proposed, including the creation of personal accounts for participants and the development of mechanisms to minimize technical errors. The feasibility of the innovations and their impact on corporate governance are assessed.

Themis.Science. 2025;(2):25-33
pages 25-33 views

Participation of State Corporations in the Implementation of Creative Projects

Efimova A.A.

Abstract

 The scientific article examines some aspects of the responsibility of state corporations for the implementation of priority areas of state development. The analysis of the legal mechanisms of responsibility and stimulation of the effectiveness of state corporations in the field of creative industries is carried out. The scientific article is formed through the application of methodological approaches such as analysis, generalization and systematization in the process of collecting and processing information. The methods used in the study helped in the objective assessment and interpretation of the data obtained, which contributed to the formation of reasonable conclusions about the responsibility of state corporations for the implementation of priority areas of state development related to the creative industries.

Themis.Science. 2025;(2):34-41
pages 34-41 views

Improvement of Housing Conditions with the use of Maternal (Family) Capital

Zvereva S.A., Navarrskaya Y.M.

Abstract

 The article discusses the legal regulation and procedure for improving housing conditions at the expense of maternal (family) capital. It is noted that the key factors of the demographic situation in the Russian Federation are the problems of limited financing for families with children and a decrease in their birth rate. In most cases, young couples cannot make a decision about having children, taking into account the difficulties related to their maintenance. In this regard, in the 2000s. The primary direction of the domestic policy of the Russian Federation has become the development and implementation of projects aimed at resolving the crisis demographic situation, and the basis for the introduction of the maternity capital program was the Message of the President of the Russian Federation V. V. Putin to the Federal Assembly on 10 May 2006.

The article reveals specific possibilities for improving housing conditions. The rules for using the funds of the maternal (family) capital to improve housing conditions are considered in detail, and ambiguous operations aimed at preventing the issuance of loans for the purpose of cashing out the maternal (family) capital are also studied. The authors have identified problems in the legislation regulating the procedure for improving housing conditions at the expense of maternal (family) capital, and proposed possible solutions.

Themis.Science. 2025;(2):42-50
pages 42-50 views

Prerequisites and Procedure for Concluding a Construction Contract

Maksurov A.A.

Abstract

 Compliance with the requirements of the law when concluding a construction contract is an important means of preventing violations of the terms of the contract and contractual discipline in general. In this regard, there is legal uncertainty in the doctrine and the law. It is proposed to resolve the existing problems with the help of new theoretical provisions on the procedure for concluding contracts. The author supports the opinion on the existence of a special pre-contractual procedure for concluding a construction contract and clarifies the existing positions in science, objects to the division of the prerequisites for concluding a contract into mandatory and optional prerequisites proposed in the literature. In his opinion, only those conditions can be considered as prerequisites that imply the possibility of concluding a construction contract, but not the emergence of contractual obligations for construction in general, as other researchers understand it. The author has formulated a new definition of the prerequisites for concluding a construction contract, which can be reflected in the legislation. The scientist proposed a classification of conditions, without observing which in their totality the contract itself cannot be concluded. These conditions in one situation can be mandatory, while in another – optional. The researcher proposes to subdivide the methods of concluding a construction contract into general (sending an offer and its acceptance) and special. A two-stage conclusion of a construction contract is proposed, the stages of its conclusion are described.

Themis.Science. 2025;(2):51-61
pages 51-61 views

The Content of the Principle of Unity Between the Fate of a Land Plot and Real Estate on It

Podrezov T.А.

Abstract

 The lack of uniformity in understanding the content of the principle of unity between a land plot and real estate on it creates problems for its implementation.

The purpose of the study is to reveal the content of the modern principle of unity between a land plot and real estate on it. To achieve this goal, historical prerequisites that influenced the content of the principle have been examined; the impact of the concept of “real estate” on the content of the principle has been disclosed; Russian legislation concerning relations to which the unity principle applies and does not apply has been analyzed.

The content of the modern principle of unity between the fate of a land plot and real estate on it is determined by how exactly the concept of real estate is interpreted in national legislation. Modern Russian law recognizes a variety of types of immovable property along with land plots, so the essence of the principle lies in the fact that both real estate follows the plot and the plot follows the real estate when making any transaction concerning either one. The mandatory application of the unity of fate principle is provided for almost all transactions involving a plot and real estate on it.

Difficulties have been identified in implementing the principle in practice when the titular owners of real estate and the land plot do not coincide. Cases where the principle does not apply as established by law are cited.

It has been established that the principle is mainly applied when real estate enters civil circulation. It was proposed to use a new formulation of the principle alongside the well-established concept of the unity of fate principle, which more accurately reflects its true content: the rule of joint participation in the turnover of a land plot and real estate located on it.

Themis.Science. 2025;(2):62-70
pages 62-70 views

The Content of the Principle of Unity Between the Fate of a Land Plot and Real Estate on It

Podrezov T.А.

Abstract

 The lack of uniformity in understanding the content of the principle of unity between a land plot and real estate on it creates problems for its implementation.

The purpose of the study is to reveal the content of the modern principle of unity between a land plot and real estate on it. To achieve this goal, historical prerequisites that influenced the content of the principle have been examined; the impact of the concept of “real estate” on the content of the principle has been disclosed; Russian legislation concerning relations to which the unity principle applies and does not apply has been analyzed.

The content of the modern principle of unity between the fate of a land plot and real estate on it is determined by how exactly the concept of real estate is interpreted in national legislation. Modern Russian law recognizes a variety of types of immovable property along with land plots, so the essence of the principle lies in the fact that both real estate follows the plot and the plot follows the real estate when making any transaction concerning either one. The mandatory application of the unity of fate principle is provided for almost all transactions involving a plot and real estate on it.

Difficulties have been identified in implementing the principle in practice when the titular owners of real estate and the land plot do not coincide. Cases where the principle does not apply as established by law are cited.

It has been established that the principle is mainly applied when real estate enters civil circulation. It was proposed to use a new formulation of the principle alongside the well-established concept of the unity of fate principle, which more accurately reflects its true content: the rule of joint participation in the turnover of a land plot and real estate located on it.

Themis.Science. 2025;(2):62-70
pages 62-70 views

Conclusion of a Prenuptial Agreement to Change the Regime of Joint Ownership of a Share in the Authorized Capital of a Limited Liability Company

Trofimova P.A.

Abstract

 The article is devoted to the study of issues related to the conclusion of a prenuptial agreement to change the regime of joint ownership of spouses for a share in the authorized capital of a limited liability company (hereinafter referred to as LLC). The paper examines the main problems of legal regulation of the division of shares in the authorized capital of an LLC, as well as identifies the risks and legal conflicts that arise when concluding a prenuptial agreement in the context of corporate relations. The theoretical part covers the analysis of family and corporate legislation. The article also presents the methods of legal analysis used to identify the features of changing the ownership regime by concluding a prenuptial agreement. In conclusion, recommendations are formulated to improve legal regulation and enhance the legal protection of the interests of both spouses and jointly acquired property. The article presents new approaches to the interaction of family and corporate law, which can contribute to more effective regulation of property relations within the framework of the division of shares in the authorized capital of LLC.

Themis.Science. 2025;(2):71-77
pages 71-77 views

Criminal law

Legal Deconstruction of a Terrorist Act on the Example of the Shooting at Mosques in Christchurch

Ilyichyov S.A.

Abstract

 This article is devoted to the legal analysis of the terrorist attack at Christchurch mosques (2019) as a manifestation of contemporary far-right terrorism. The purpose of the study is to deconstruct the aforementioned event from the perspective of criminal law, including the specifics of legal qualification, the perpetrator’s behavioral motives, as well as the role of information and telecommunications technologies in the commission of the said crime. Doctrinal approaches to the definition of terrorism and the peculiarities of qualifying acts committed by “lone actors” are examined. The problems of legal response to acts of terrorism and the specifics of counteracting such acts are identified.

Themis.Science. 2025;(2):78-86
pages 78-86 views

Inflicting Suffering on Loved Ones as a Form of Special Cruelty

Kosobokova A.S.

Abstract

 Special cruelty is interpreted ambiguously in the legal literature, however, the infliction of suffering to loved ones in the process of encroachment is highlighted by doctrine and judicial practice as one of the typical forms of special cruelty. The article is devoted to clarifying the concept of loved ones by highlighting and taking into account the features of the considered manifestation of special cruelty. The article suggests that this feature should include not only the presence of loved ones during an assault, but also their perception of the crime in all its details through special technologies and means. The author also considers the possibility of attributing, along with a sign of special cruelty in the form of causing suffering to loved ones, a sign of a public demonstration of encroachment.

Themis.Science. 2025;(2):87-94
pages 87-94 views

Legal and Organizational Problems of Combating Corruption Crimes in the Russian Federation and Ways to Solve Them

Mikhlina E.B.

Abstract

 The article is devoted to current issues of combating corruption in Russia, the analysis of legal gaps and organizational difficulties in this area. The key problems of applying anti-corruption legislation are considered, including the imperfection of the regulatory framework, weak coordination between regulatory authorities and the insufficient effectiveness of preventive measures. Particular attention is paid to the contradictions in the criminal and legal regulation of corruption offences, which creates opportunities for evading responsibility. The author examines the reasons for the low efficiency of existing mechanisms for combating bribery and abuse of office. Based on the analysis of judicial practice and foreign experience, specific ways to solve the identified problems are proposed: improving legislative formulations, strengthening interdepartmental cooperation, introducing transparent control procedures. The need for an integrated approach combining legal reforms with changes in the public administration system is emphasized.

Themis.Science. 2025;(2):95-103
pages 95-103 views

Problems (Features) of Qualification of Illegal Medical Activity

Nikulova E.A.

Abstract

 Illegal medical activities pose an increased danger to society, as they endanger the life and health of citizens, undermine confidence in the healthcare system, and violate citizens’ rights to receive qualified medical care. The legislation of the Russian Federation provides for criminal liability for illegal medical activity, regulated by Art. 235 of the Criminal Code of the Russian Federation. The analysis of judicial practice in cases of crimes under Art. 235 of the Criminal Code of the Russian Federation for the period 2020–2024 made it possible to identify the features of the composition and identify problematic issues of qualification:

  • the bluntness of the disposition of Art. 235 of the Criminal Code of the Russian Federation, which does not define the signs of a crime in the criminal law itself, but refers to regulatory legal acts in the field of medical activity;
  • lack of differentiation of criminal liability for illegal medical activity based on the consequences in the form of harm to health of varying severity;
  • lack of clear criteria for distinguishing Art. 235 of the Criminal Code from illegal entrepreneurship (Art. 171 of the Criminal Code); performing work or providing services that do not meet safety requirements (Art. 238 of the Criminal Code); causing death by negligence due to improper performance of professional duties by a person (Pt. 2 of Art. 109 of the Criminal Code); causing serious harm to health due to negligence committed as a result of improper performance of professional duties by a person (Pt. 2 of Art. 118 of the Criminal Code); creation of a non-profit organization that encroaches on the personality and rights of citizens (Art. 239 of the Criminal Code). The issue of differentiation of criminal liability for medical activities based on the degree of severity of harm to health is considered in the article.
Themis.Science. 2025;(2):104-113
pages 104-113 views

Land and Environmental Law

Violation of Land and Housing Legislation When Organizing the Maintenance of Non-productive Animals

Titova A.A., Sorochenkov P.S.

Abstract

 The misuse of land plots and residential premises raises new questions for researchers. The main problems include the unscrupulous behavior of animal shelter owners. The negative consequences include violations of the rights of land and residential property owners, harm to pet owners, and the spread of infections. These issues arise due to non-compliance with land and housing laws, as well as sanitary and epidemiological regulations. The authors of the scientific article have concluded that there are gaps in the legislation. In this regard, they propose measures to address the issue, such as clarifying and supplementing existing legislation and introducing special legal norms that regulate legal relations in the areas under consideration.

Themis.Science. 2025;(2):114-123
pages 114-123 views

Civil and Administrative Procedure

Features of Evidence in Special Proceedings

Zvezdin A.E.

Abstract

 This article analyzes the peculiarities of evidentiary activity in cases of special proceedings. The theoretical basis of the presented research was formed by scientific works of Russian scientists, in particular, A. V. Argunov, E. A. Nakhova, T. V. Shakitko, M. A. Fokina, A. Yu. Frantsiforov, A. V. Yudin. It is noted that the specificity of evidentiary activity is conditioned by the nature of cases of special proceedings. It is concluded that its main feature is connected with the active role of the court, not only taking into account the opinion of each participant of the process, but also collecting evidence, performing in some cases a compensatory function. The necessity of further improvement of the order of disclosure of evidence in cases of special proceedings is emphasized.

Themis.Science. 2025;(2):124-131
pages 124-131 views

A Settlement Agreement Through the Lens of Procedural Economy

Katlan E.S.

Abstract

 The reconciliation of the parties to a dispute continues to be a relevant subject of research in the works of theorists and practitioners, and the use of conciliation procedures in civil and arbitration proceedings is positively evaluated in legal literature and practice, as it meets the goals and objectives of judicial activity reflected in civil and arbitration procedural legislation. There are various opinions in the literature regarding the existence of the principle of procedural economy and its significance. The article argues that the parties’ initiative to resolve the dispute peacefully is aimed at achieving procedural economy.

The work was based on a study of civil and arbitration procedural legislation, acts of its interpretation, scientific literature, and judicial practice. The object of the article is the principle of procedural economy and the settlement agreement, the legal regulation of which, according to the author, contributes to the implementation of this principle and the improvement of the efficiency of justice in general. The author substantiates the permissibility of the court going beyond the claims in the settlement agreement in order to eliminate the conflict between the parties and prevent the court from considering new claims related to the ones already under consideration.

Themis.Science. 2025;(2):132-139
pages 132-139 views

Criminal Procedure and Forensic Science

On the Specifics of the Preliminary Investigation of Grave and Especially Grave Offences of the Past Years Against Deceased Persons

Kamelskaya E.K.

Abstract

 This article addresses and specifies the problematic issues faced by the investigative bodies in the investigation of criminal cases on offences of past years in relation to a deceased suspect or accused person. The reasons on the basis of which criminal cases. The reasons on the basis of which criminal cases acquire the status of past offences are examined, as well as the legal gap with regard to the procedural status of a close person involved in criminal proceedings. A close person, close relative or relative-in-law involved in criminal proceedings. Resolutions to these problems are suggested.

Themis.Science. 2025;(2):140-149
pages 140-149 views

Economics

Cybercrime Prevention in the Context of Digital Transformation

Shavisheva M.S.

Abstract

 The article discusses modern approaches to the application of technologies that neutralize cybercrime. In the context of the growing threat of cyber-attacks and the rapidly accelerating pace of digitalization of society, the study aims to review and analyze effective tools that are used to detect and prevent cybercrimes. The purpose of the article is to study and investigate data protection methods, to analyze the behavior of a computer system under the influence of information threats using the example of the Rostec State Corporation and Gazprom PJSC. The results of the study may be useful for information security specialists.

Themis.Science. 2025;(2):150-156
pages 150-156 views

Language and Law

The Phenomenon of the Word “Bribe”: Linguistic and Legal Aspects

Likhacheva A.E.

Abstract

 The article examines the concept of a bribe and related legal terms: corruption, bribery. The author analyzed how these concepts are presented in dictionaries and scientific linguistic literature: he examined the etymology of the word, the synonymous series, cognate words and word usage. The concepts of law related to the problem of bribery were also considered. The author showed the results of an associative experiment, which was conducted in student groups and among students in grades 8th and 10th. The theoretical basis of this study is the works of scientists, dictionaries and reference books explaining the concept of “bribe”, regulatory legal acts related to the regulation of corruption and bribery.

Starting with a linguistic analysis of the concept of “bribe” and ending with a study of its relationship with the legal term “corruption”, the active semantic field of this concept is investigated. “Bribe” is a legal term from which the concept of “bribery” is derived, which is inextricably linked with another – “corruption”; the latter two are often identified. Based on the results of the study, it was concluded that examining the concept of “bribe” from two positions shows a holistic view not only of this lexeme, but also of such phenomena as “bribery” and “corruption”.

Themis.Science. 2025;(2):157-165
pages 157-165 views

Newspeak as a Socio-Political and Legal Phenomenon

Meremyanina M.K.

Abstract

 This study analyzes the distinctive features of newspeak, considering it as a language of power not only in journalistic discourse but also in official and legal-administrative styles. Legislative acts from various historical periods are examined, with evidence of newspeak features identified in their texts. Through a comparative analysis of legal documents, the author focuses on both the diachronic and synchronic aspects of the development of newspeak, as well as its influence on public consciousness.

Themis.Science. 2025;(2):166-173
pages 166-173 views

Foreign Linguistic Elements in the Context of Language Policy

Khoroshikh M.M.

Abstract

 This study analyzes lexical and graphic foreign linguistic elements in the context of language policy. Particular attention is given to the historical aspect of the use of such elements in the Russian language, as well as to the specific features of their usage in relation to legislative acts of the Russian Federation. The author also refers to a survey illustrating the attitudes of native Russian speakers toward foreign linguistic elements, using its results to support the reflections presented in the paper.

Themis.Science. 2025;(2):174-181
pages 174-181 views

Scientific Events and Achievements

Review of student scientific events for the 2024/25 academic year

Sinitsin N.O., Kolesnikova A.S.

Abstract

At the V. M. Lebedev Russian State University of Justice, students have always been actively engaged in research. Throughout the 2024/25 academic year, students wrote research papers, participated in and organized research events, and more. Department-led events traditionally attracted students from the faculties of continuing education, higher education, graduate programs, and the University's affiliates (scientific seminars, department-led conferences, master classes, soft skills, excursions, etc.), demonstrating the significant role of research events in the development of the University as a whole.

Themis.Science. 2025;(2):182-187
pages 182-187 views

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