No 6 (2025)

Articles

Manipulative speech strategies of opinion leaders in the structure of verbal crimes.

Asadov R.B.

Abstract

The subject of the research is the manipulative speech strategies of opinion leaders in the digital environment (primarily influencers and bloggers), considered within the context of their possible transformation into verbal crimes. The focus is not on manipulation per se, but on those forms of speech influence that, under certain conditions, may acquire criminal-legal significance: public calls, justification and romanticization of violence, dissemination of knowingly false information, desacralization of religious objects, normalization of enmity and discrimination. Special attention is paid to how manipulative strategies "integrate" into the elements of the crime composition – the object, the objective side, the subjective side, and the characteristics of the subject – and how the status of an opinion leader enhances the public danger of corresponding statements in the context of the blogosphere and online mass communication. The methodological basis of the research consists of an interdisciplinary approach, a combination of dogmatic analysis of criminal law, jurilinguistic and discourse analysis of the speech practices of influencers, as well as analysis of Russian judicial practice and the practice of the European Court of Human Rights in cases of verbal crimes. The scientific novelty of the work lies in proposing to consider manipulative speech strategies of opinion leaders not as a psychological "background" of communication, but as a structural element of the composition of verbal crime, influencing the object of encroachment, the objective side, the characteristics of the subject, and the subjective side. A three-level model of criminal-legal assessment of manipulative statements is justified (substantive-dispositive, contextual-communicative, and result-oriented-evaluative levels), adapted to the specifics of influencers and the blogosphere. Criteria for distinguishing permissible manipulation from criminally punishable speech acts are formulated, taking into account Russian law enforcement and the practice of the European Court of Human Rights. It is concluded that it is necessary to consider the communicative status of opinion leaders and the influence strategies they use when addressing questions about the presence of intent and the degree of public danger, as well as the advisability of closer interaction between criminal-legal doctrine and judicial linguistics when qualifying statements in the digital environment.
Administrative and municipal law. 2025;(6):1-18
pages 1-18 views

Administrative and Legal Status of National Body for Prevention and Combating of Corruption: Doctrinal Provisions

Igitov A.M.

Abstract

The National Authority for the Prevention and Combating of Corruption is an integrated part of the government system in the State. The subject of the study is the administrative and legal status of the national body for the prevention and combating of corruption. The purpose of the study is to systematize the doctrinal provisions on the administrative and legal status of the national body for the prevention and combating of corruption in order to identify and identify duplicate or legally unviable provisions and then determine the most applicable options in legal systems. The methodological basis of the research is the method of system-functional analysis, used to systematize and compare the doctrinal provisions on the national body for the prevention and combating of corruption. The comparative legal method is used as an auxiliary research method in order to compare the identified models with real examples and their subsequent comprehension. In the course of the study, the results of the work of the expert community, the positions of domestic and foreign legal researchers who have formed doctrinal provisions on the body under study were analyzed, four types of the national body for the prevention and combating of corruption were formulated, their most characteristic features, and a conclusion was drawn about the possibilities of implementing the identified doctrinal provisions in national legal systems. The scientific novelty of the study consists in identifying and formulating four doctrinal approaches to the establishment and functioning of the national body for the prevention and combating of corruption, synthesizing the characteristic features of these models and critically understanding the content of the administrative and legal status of the body under study. The results of the research can be applied in the process of developing and improving administrative and anti-corruption legislation, as well as in the framework of theoretical studies of administrative and legal orientation. The conclusion is made about the duplication of doctrinal provisions and characteristic features of two of the four formulated models, the features separating the body for preventing corruption from the body for combating corruption are identified, their conceptual features are comprehended, and recommendations for integrating these doctrinal provisions into the legal system are outlined.
Administrative and municipal law. 2025;(6):19-35
pages 19-35 views

The significance and implementation of administrative and legal mechanisms for controlling the information space in order to protect the foundations of the constitutional system

Kudryavtsev V.V., Mustakimov N.S., Privalova E.A.

Abstract

In this article, the authors examine the issues related to administrative and legal regulation of information dissemination in the context of protecting the foundations of the constitutional order. The subject of the study is the administrative legal norms that establish liability for disseminating information in violation of the prescribed order through the lens of protecting constitutional values. The authors discuss the problem of freedom of mass media through the prism of fundamental constitutional principles. They develop a scientific concept of balancing the right to freedom of information and ensuring national security. The work analyzes and compares the existing constitutional and administrative norms in the field of information dissemination. Based on this analysis, the authors raise the question of the limits of the right to freedom of information dissemination and the role of administrative legal mechanisms in this context. The study also explores the practice of the Constitutional and Supreme Courts regarding the stated topic. The methods of legal interpretation and formal-legal methods are used, which allow for an interpretation of Chapter 1 of the Constitution, Article 29 of the Fundamental Law of the country, and the formulation of the authors' own concept. The work investigates 22 scholarly sources from domestic researchers on the subject. In particular, this includes the works of Avakyan S.A., Balekina V.S., Jafarova N.T., and other researchers. In one way or another, these authors and others have previously raised the issue of the inadmissibility of abusing the right to disseminate information. The main conclusions of the authors are their own conceptualization of the balance between the right to disseminate information and ensuring national security. The analysis of constitutional norms allows for the assertion that the realization of other constitutional values is impossible without ensuring national security. At the same time, restrictions on the right to disseminate information should only occur in the face of real and specific threats to fundamental constitutional values, not imaginary ones. The conclusion is drawn regarding the priority of national security within the system of constitutional values, which should be regarded as a guiding principle in the administrative legal mechanisms of liability for violations of the information dissemination order. Based on the analysis of existing constitutional principles, the authors present their own conclusion regarding the feasibility of current administrative and legal restrictions in the area of information dissemination and the mechanisms of administrative liability for violations of the established order of information dissemination.
Administrative and municipal law. 2025;(6):36-64
pages 36-64 views

Problem issues and measures to improve work with citizen appeals in the federal service of the national guard troops of the Russian Federation

Meshcheryagina V.A., Bott I.V., Kurdyumov A.V.

Abstract

The subject of the study is the administrative and legal procedure for submitting and reviewing citizens' appeals in one of the state authorities, the Federal Service of the National Guard Troops of the Russian Federation (hereinafter referred to as Rosgvardia or the National Guard Troops). Special attention is paid to the amendments to the Federal Law "On the Procedure for Reviewing Citizens' Appeals in the Russian Federation" that were introduced on December 28, 2024, and came into force on March 30, 2025 (which almost completely eliminated the possibility of submitting citizens' appeals via email and established mandatory identification of applicants when submitting citizens' appeals electronically). The article analyzes the statistics of citizens' appeals submitted to the Russian National Guard and examines the main problems of processing citizens' appeals in the National Guard troops, as well as suggests ways to overcome them. The publication is based on a system of general scientific and special legal methods of scientific cognition, including the use of dialectical, formal-legal, comparative-legal, and systemic methods. The analysis showed a significant increase in the number of citizens' appeals to the National Guard over the past three years, which, on the one hand, demonstrates the existence of problems (with which citizens appeal), and on the other hand, leads to an increase in the workload of officials and complicates the work of qualitatively reviewing and resolving appeals. The rejection of e-mail as a method of receiving citizens' appeals, combined with the need to be authorized through the public services portal, on the one hand, allows for the streamlining of the processing of electronic appeals, eliminating anonymous and mass mailings, and on the other hand, may make it difficult for certain groups of the population to access the electronic channel of interaction with the state. A special group of problems is formed by issues related to the quality of handling appeals, including in the context of the secrecy of certain areas of the National Guard's activities and the lack of effective mechanisms for external control over the quality of responses. To solve this group of problems, it is proposed to regulate repeated and duplicate appeals by law, provide for the possibility of submitting collective electronic appeals, increase administrative liability for violating the procedure for handling appeals, etc.
Administrative and municipal law. 2025;(6):65-79
pages 65-79 views

On some problems and prospects for the development of public control in the local government system

Privalova E.A.

Abstract

This article is devoted to the analysis of modern problems and prospects for the development of public control in the system of local self-government. The subject of the research is regulatory legal acts regulating the implementation of public control at the local level and scientific works of legal scholars on this issue. The object of the study is social relations arising in the process of formation and implementation of public control. The article provides a deeper understanding of the role of public control and its importance for the development of civil society at the local level. The author examines in detail such aspects of the topic as the effectiveness of the implementation of public control over the activities of municipal bodies, issues of increasing the involvement of civil society in the development of local self-government, detailing the subject of public control, issues of improving the legal regulation of the participation of representatives of civil society in the implementation of local self-government. Special attention is paid to the development and strengthening of the position of the institution of municipal public control, increasing transparency in decision-making by local governments, increasing openness and accessibility of decisions taken at the local level. In the course of the work, systemic-structural, formal-logical, dialectical, comparative-legal, sociological research methods were used. The author's special contribution to the research of the topic is to draw the attention of the scientific community to the legal status, guarantees of implementation and strengthening of mechanisms for the participation of various social forces in the implementation of local self-government. The main conclusions of the study are the following. Firstly, according to the conducted research, municipal public control is able to perform, among other things, a stabilizing function in our society, suppressing the spread of misinformation in society. Secondly, according to established law enforcement practice, in the context of the current reform of local self-government and the emerging trend of liquidation of local self-government at the settlement level, the role of the village headman increases annually. In this regard, it seems advisable to include the village head among the subjects of public control. The novelty of the research is the identification of current problems and the introduction of a number of proposals for correction.
Administrative and municipal law. 2025;(6):80-97
pages 80-97 views

The concept and effectiveness of passport and registration activities in the context of changing the State Border of the Russian Federation

Kosareva E.A.

Abstract

The systemic contradictions and inefficiencies of passport and registration activities were analyzed in the context of changes to the State Border of the Russian Federation. The administrative and legal mechanism of optation, along with the associated passport and registration activities, was studied. Deficiencies in passport and registration activities of both operational and conceptual nature were identified. Based on the analysis of the regulatory framework and law enforcement practice, legal collisions between the service and control functions of the state were determined. The legal and organizational consequences of the identified contradictions were revealed, expressed in risks to public and national security. It was established that the creation of a new Migration Service of the Ministry of Internal Affairs of Russia necessitates a reform capable of overcoming systemic contradictions through the establishment of an integrated legal-information framework and a balanced approach to the integration of new citizens. Various methods were used in writing the article, including formal legal methods, analysis of the regulatory framework, institutional and structural-functional analysis, as well as comparative legal methods. The scientific novelty of the presented research lies in a comprehensive and critical approach to analyzing passport and registration activities as a cohesive administrative-legal mechanism. Conceptual contradictions underlying the mechanism of integration of new territories through the "opt-out" model were identified and theoretically substantiated. The novelty is due to the synthesis of legal analysis of state governance and security, as well as empirical verification of the shortcomings of the activities of territorial bodies of the Ministry of Internal Affairs of Russia when changes to the State Border of the Russian Federation occur. Passport and registration activities in the context of optation face not just isolated failures but systemic contradictions between the state functions of service and control, formal legalization and real social integration, the declarative principle and the universal recognition of Russian Federation citizenship.
Administrative and municipal law. 2025;(6):98-109
pages 98-109 views

Adaptive constitutionalism as a paradigm of proactive constitutional design: towards a strategy of constitutional resilience

Poyarkov S.Y.

Abstract

Modern constitutional theory and practice face a fundamental challenge posed by the growing gap between the static nature of the fundamental law and the dynamics of global transformations. The traditional model of constitutional lawmaking, historically developed as a reaction to specific crises, demonstrates a systemic inability to proactively ensure the stability of the political order in conditions of chronic uncertainty. This issue is especially relevant in an era of accelerated technological progress, global pandemics, hybrid conflicts, and the erosion of liberal democratic institutions. The central contradiction lies in the tension between the demand for the constitution to be an immutable foundation of statehood and the need for its flexible transformation in response to changing realities. The subject of the study is the concept of "adaptive constitutionalism," which combines elements of proactive constitutional design, the doctrine of the "living constitution," and strategies for constitutional resilience. The article analyzes institutional mechanisms capable of ensuring the adaptation of the constitutional order without undermining its stability and legitimacy. Special attention is given to the dual nature of adaptive mechanisms, which can be used both to strengthen democracy and to legitimize authoritarian transformation. The methodological basis of the research is a comparative legal method supplemented by formal legal analysis, a historical-legal approach, and systemic analysis to study the interconnections between the elements of the constitutional order. The scientific novelty of the study lies in the systemic integration of disparate approaches into a unified theoretical model that views the constitution as a complex, self-organizing system capable of internal transformation without losing its identity. The proposed "concentric structure" of adaptive constitution, in which an immutable constitutional core is surrounded by areas of strategic resilience and operational adaptability, overcomes the artificial opposition between stability and flexibility. The study reveals the dual nature of adaptive mechanisms and develops a system of institutional "safeguards" against their instrumentalization in authoritarian contexts. The practical significance of the paradigm is manifested in the formation of specific tools for legislators, courts, and civil society, including innovative digital technologies for civic participation. Russian constitutional practice demonstrates the potential for developing adaptive mechanisms through the activation of expert institutions and the digitalization of public participation procedures.
Administrative and municipal law. 2025;(6):110-131
pages 110-131 views

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