Vol 9, No 3 (2025)

From a positivist perspective on law, the principle of democracy is examined as a principle of criminal-executive law. Based on an analysis of legislation, case law, and scientific literature, it is concluded that the principle of democracy enshrined in Article 8 of the Russian Criminal Enforcement Code is a principle without content or practical implementation in the Russian legal system. By its nature, it is unrelated to the penal system and does not align with its goals and objectives. This principle is debated in scientific literature, ranging from recognizing its meaninglessness to artificial attempts to find some content in it, with views on which vary greatly. In judicial practice, the principle of democracy has proven to be completely unused in any aspect. Despite its normative consolidation, it plays no role either in the regulation of criminal enforcement relations or in the Russian legal system as a whole. It has been proposed to exclude the mention of the principle of democracy from Article 8 of the Criminal Enforcement Code of the Russian Federation.

Current issues related to legal sources (forms) such as legal custom and normative agreements are considered. It was noted that various forms of law form a cohesive system of sources, each of which contributes to the legal regulation of public relations. The diversity of legal forms reflects the richness of humanity’s legal experience and the ability of legal mechanisms to adapt to changing conditions of social reality. It is emphasized that legal custom and normative agreements possess significant regulatory potential alongside other forms (sources) of law. The issue of the combination and mutual influence of normative agreements and legal custom has been investigated, which allows the legal system to demonstrate the necessary flexibility and respond promptly to changes in the social, economic, and political spheres. It is concluded that the uniqueness of a normative agreement and legal custom, their specific features and characteristics of legal regulation, give rise to the diversity of legal instruments used to regulate social relations, alongside a normative legal act and judicial precedent.

The terminological apparatus related to such a crisis phenomenon in the international legal system as fragmentation is considered. The aim of the study is to identify the specific meaning of the concept in question. The main types of fragmentation and related key terms are discussed. It is concluded that, firstly, the various interpretations of the fragmentation of international law, differing in their negative or neutral connotations, are united by the sema of division; secondly, each type of fragmentation corresponds to a key concept that conveys its essence: for substantive fragmentation, it is a self-contained regime, for procedural/institutional fragmentation, this is forum shopping. Thirdly, the historical nature of the fragmentation of international law is revealed in phrases such as European international law”, “American international law”, “socialist international law”. Fourthly, in some modern legal studies, fragmentation is examined within the framework of individual branches of international law, and in some works, the antonymous term “defragmentation” is used.

The transformation of academic science and higher education during the political and socio-economic changes caused by the revolutions of 1917 is analyzed. The wide range of problems faced by the academic community during the specified period is being researched. Special attention is given to the role of the state in the reorganization of the scientific and educational spheres, specifically in the creation of specialized commissions and plans for the development of science and education in the new political realities. Radical transformations in the legal education system during the establishment of Soviet power are noted, specifically: the adoption of new normative legal acts regulating admission to higher educational institutions, the abolition of academic degrees and titles, and the liquidation of law faculties in universities. Special attention is given to the ideological aspects of educational policy, as well as the class-based approach to selecting students for universities and the emergence of a new Soviet intelligentsia. The aim of the study is to analyze the financial support for science and higher education, as well as to identify the main stages, trends, and features of the development of the legal education system in the early Soviet period. To achieve the stated goal, it is necessary to solve the following tasks: to define the main directions of the reorganization of science and legal education in 1917–1930; to identify and analyze the normative legal acts regulating scientific research and admission to higher educational institutions; to assess the consequences of the transformations in science and legal education; to analyze the ideological aspects of educational policy: the influence of the class approach, the emergence of a new Soviet intelligentsia, and the role of Marxist-Leninist ideology. Analysis methods, historical-comparative, logical, and historical, were used. It is concluded that political and economic instability in the country in the period after the February Revolution had a highly negative impact on the development of science and its funding, although the Provisional Government welcomed the new authorities quite positively, and the scientific community gained autonomy, initiating the reorganization of the education system in terms of funding and modernization, which cannot be said about the scientific community’s attitude toward the October Revolution. Disagreements with the new authorities presented the Academy with a choice: financial isolation or subordination of scientific activity to political goals. The Academy of Sciences expressed its willingness to cooperate with the new government, which initiated the process of science reorganization aimed at reorienting it toward practical needs and subordinating it to centralized control. The Academy became a state institution focused on practical tasks. New institutions were being created and personnel were being trained to meet the needs of the state. Despite ideological control, repressions, and priority funding for certain areas, there was significant growth in fundamental and applied scientific research.

Improving civil legislation, developing and applying special contractual rules is impossible without understanding the socio-economic nature of the regulated relationships. Assessing the characteristics and analyzing the ideal model for conducting lotteries allows us to identify problems in the doctrinal understanding of the subject composition, form, and content of the lottery obligation, as well as to establish the specifics of interpretation and enforcement. The overall goal of the research is achieved by solving a series of consecutive tasks. The starting point is the definition of the lottery's place in the gambling system, its evaluation from the perspectives of morality, economic utility, and social justification. Identifying and eliminating terminological uncertainty will allow for a clear distinction between non-legal and legal relations. Recognizing the contractual nature of the lottery sets the task of clarifying the nature and essential terms of the contract; participation in lotteries by individuals requires assessing the applicability of consumer protection legislation. The applied task should be to identify gaps in the legal regulation of lottery obligations. To solve the tasks set, along with the application of general legal methodology, the tools of comparative law were used. The assessment of the identified formal shortcomings in special legislation is given taking into account the requirements for legal terminology, the structure of normative legal acts, and legislative style. The study confirmed the thesis about shortcomings in understanding lottery obligations and the need to amend civil law. The essential part should address the most pressing issues, including the establishment of essential terms; the applicability of consumer protection legislation; and the optimization of the rules governing the execution of the lottery contract.

The Abrahamic (Halakhic) foundations for the formation, preservation, and targeted use of budgetary funds have been studied. Specific provisions from the Pentateuch, Nevi’im, and Ketuvim are highlighted for interpretation, addressing issues of particular significance in the context of post-secularization. These provisions logically complement the scope of the theory of history, the theory of state and law, and other sciences, providing what is necessary to solve theoretical and practical problems. A social issue is noted, related to ensuring the preservation and targeted use of budgetary funds, specifically through encroachments on budgetary funds, which has become acutely relevant in modern, postmodern, and metamodern societies. It is noted that the Abrahamic (Halakhic) foundations under consideration relate to the interpretation of wealth and the problem of its formation, certain material goods formed in a special way and for special purposes, individual aspects of life related to the use of socially significant material (financial) resources, the responsibility of those who violate the order and principles of the formation, preservation, and targeted use of budgetary funds, and the corresponding dogmas are highlighted.

The stages of formation and evolution of organizational and legal structures that provided material and technical support for the activities of the Russian internal affairs bodies from the end of the 18th century to the beginning of the 21st century are examined. The study covers key historical periods – from the pre-revolutionary institutionalization of the Expedition for State Economy and the Department of State Economy, the formation of the Economic Department of the Ministry of Internal Affairs of the Russian Empire, to the reorganizations of the Soviet and post-Soviet times, culminating in the creation of the Department for Material, Technical and Medical Support of the Ministry of Internal Affairs of Russia. Special attention is given to the legal consolidation of the functions of the relevant units, the normative basis for their activities, and institutional continuity within the framework of various models of public administration. Based on the analysis of normative legal acts, organizational structures, and functional powers, the stages of centralization, decentralization, and the subsequent restoration of a unified supply system within the Ministry of Internal Affairs have been identified. It has been established that modern approaches to material and economic support in internal affairs bodies are based on historically established principles of legal regulation, which allows for ensuring the stability and effectiveness of the law enforcement system’s functioning in modern conditions.