Vol 7, No 4 (2025)

Introduction. The article highlights some areas of the ideological influence on justice in the era of the formation of Christianity, which was exerted by the sermon delivered on the Areopagus by St. Paul the Apostle.

Theoretical Basis. Based on the analysis of the works of Russian and Greek authors (and above all, the work of the famous Greek jurist V. Nikopoulos, devoted to the legal views of the Apostle Paul), it is suggested that the philosophy of law would have been much poorer if the Apostle Paul had not formulated his vision of the Christian principles of law and justice, which he opposed to the formalism of pagan Roman law.

Results. The main of these principles is expressed in the words: “The whole law is summed up in one word: love your neighbor as yourself”. And although in the course of the further development of Roman law, the concept of love disappeared from the legal tradition, the ideas of the Apostle Paul about Christian love had a powerful impact on justice through the legal awareness of judges. This was especially evident in the work of Saint Dionysius the Areopagite, who converted to Christianity under the influence of the preaching of the Apostle Paul.

Discussion and Conclusion. The main conclusion is the importance of research in this area for understanding the legal aspects of Russia’s civilizational identity.

Introduction. Questions concerning the emergence and evolution of medieval state-legal terminology in Russia have long been of interest not only to legal historians, but also to other humanitarian scholars. To date, no unified approach has been developed to define the semantics of the terms of this group, as well as its changes in the process of evolutionary development. Among other things, the most acute discussions in Russia and abroad are about the form of government that existed throughout the Middle Ages in both the Russian state and Byzantium. Serious disagreements persist between scientists from various branches of the humanities and in the definitions of other elements of the form of the state – the form of the state structure and the state regime.

Theoretical Basis. Methods. The article examines medieval monuments of the history of political and legal thought of Russia and the terminology used in them in relation to Byzantine sources. To obtain a scientific result, general logical techniques, comparative historical, systematic, dogmatic and hermeneutic research methods are used.

Results. The authors critically analyze the fundamental concepts used in the works of medieval thinkers of Russia and Byzantium, and emphasize the need for a correct definition of their essential features.

Discussion and Conclusion. The application of the modern conceptual and categorical apparatus to the Middle Ages is unacceptable without appropriate argumentation. If, when analyzing the form of the state dating back to the distant past, we use the achievements and tools of modern science, the theory of state and law, while taking into account the terminological features of the conceptual apparatus of medieval thinkers and legislators, it is possible to achieve the most adequate understanding of the organization of state power.

Introduction. The issues of mandatory (optional) tax benefits (deductions, expenses, exemptions) continue to be the subject of close scientific interest from the expert community, periodically such categories of cases are considered at the level of the highest judicial authorities. The purpose of the study is to determine whether tax benefits (deductions, expenses, exemptions) are exclusively optional or possible in certain cases.

Theoretical Basis. Methods. This work has been prepared as part of the continuation of existing scientific research, however, the authors propose to proceed from a general approach of tax fairness when deciding on the availability (absence) of tax benefits (deductions, expenses).

When writing the article, general scientific (generalization, analysis, synthesis) and private scientific methods were used.

Results. The analysis has shown, among other things, that in some cases, tax fairness can be achieved only if certain taxes have benefits (deductions, expenses, exemptions).

Discussion and Conclusion. The authors identify a conflict between the legal doctrine, which acknowledges the establishment of benefits as the sole prerogative of lawmakers, and the historical fluctuation of this stance. Adhering dogmatically to the principle of electivity can hinder the attainment of fair and proportional taxation in certain situations. The concept of optional tax benefits is not absolute, and must be interpreted in light of fundamental legal principles such as fairness and proportionality. Tax benefits are not mere preferences, but rather a necessary system component that ensures a balanced financial burden and stability of the fiscal system. Resolving these fundamental conflicts is possible through a balanced approach, through a systematic examination of specific mechanisms where the formal legislation of lawmakers aligns with the requirement for economically sound and equitable taxation.

Introduction. The study is devoted to improving the conditions of recourse to the court with class administrative action and focuses on the role of judicial discretion in their regulation.

Methods. In the praparation of article were used the general scientific methods (analysis, synthesis, abstraction, functional approach, system approach) as well as private law methods (formal-legal, comparative-legal).

Results. The authors assess the proposals to improve the legal grounds for filing a class administrative action by including: condition of geographical separation of members of the group, condition of financial possibility for administrative claimants to file independent administrative actions, as well as the authority of the court to dismiss a class action on its own initiative, even if there are formal grounds for bringing it.

Discussion and Conclusion. The authors conclude that it is reasonable to introduce additional requirements of geographical separation of members of the group and the financial possibility of filing an independent administrative claim, and also determine the limits of judicial discretion in their regulation. It is argued that the court should not have the right to leave a collective administrative action out of consideration because of its impracticability in cases of challenge of normative legal acts, non-regulatory acts or protection of electoral rights.

Introduction. The protection of the rights of a bona fide spouse in the division of joint property acquires special importance and relevance in the light of the new amendments to the family law. A spouse whose rights have been violated by unfair actions of the other spouse, resulting in a reduction of the joint property, is entitled to increase his or her share in the division of the marital property. This innovation is a way of protecting the rights of the co-owner spouse and is aimed at achieving a balance between the interests of a bona fide purchaser of marital property and the injured spouse. However, the analysis and evaluation of the effectiveness of the new provisions show that the spouse whose rights have been violated is not sufficiently protected by the law.

Methods. The purpose of the study predetermined a set of methods. Both general scientific method of cognition, and private-scientific and special methods were used. In particular, the method of modeling, system interpretation and comparative method allowed to assess the prospects for the use of new provisions.

Results. The conditions of deviation from the principle of equality of shares in the division of common property of spouses have been identified and characterized. The analysis of innovations in systematic connection with other norms of family and civil legislation allowed to evaluate their effectiveness from the point of view of protection of property rights of a bona fide spouse. It is substantiated that the rules formulated in the law do not allow to fully ensure the restoration of violated rights.

Discussion and Conclusion. As a result of the study revealed gaps and inaccuracies of legal regulation, reducing the protection of the rights of a bona fide spouse. The ways of their solution aimed at increasing the effectiveness of new provisions are proposed. The necessity to develop a comprehensive approach to ensure the property rights of the spouse-co-owner with the help of public and private law norms is substantiated.

Introduction. The scientific article, based on the current changes to Article 187 of the Criminal Code of the Russian Federation, shows one of the global problems of the current criminal law, which is the problem of the systematic formation of criminal law norms. The author proposes a possible solution to this problem, which is the use of mathematical methods in the formation of new provisions of the criminal law.

Theoretical Basis. Methods. The scientific article is based on current theoretical research in the field of the system of the Criminal Code of the Russian Federation, the problem of criminal liability for dropshipping, and the integration of mathematical methods into the field of criminal law. The main research methods are the dialectical method of cognition, the method of analyzing legal documents, and the method of synthesizing the results obtained.

Results. The work concludes that within the framework of one Article 187 of the Criminal Code of the Russian Federation, the norms of the criminal law are consistent, however, within the framework of the entire Criminal Code of the Russian Federation, the provisions of Article 187 of the Criminal Code of the Russian Federation violate the principle of consistency. The identified problem applies not only to Article 187 of the Criminal Code of the Russian Federation, but is fundamental.

Discussion and Сonclusion. At the end of the paper, as one of the ways to solve the identified problem, the author proposes a fundamental revision of the process of forming criminal law norms by introducing mathematical methods (in particular, the theoretical and graphical method) into this process.

Introduction. In this article, through the prism of the historical experience of the penal units of the Red Army and the Wehrmacht, the issues of the conditions for exemption from criminal liability and punishment of individuals who have entered military service are considered, which are extremely relevant in the context of the ongoing special military operation.

Methods. The methodological basis of the work is formed by the general philosophical dialectical-materialistic method of cognition, as well as general scientific methods (analysis, synthesis, induction, deduction), and private scientific methods (formal-legal, historical-legal) of research.

Results. The similarities in the staff structure of the penal units of the Red Army and the Wehrmacht, as well as in the legal status of the individuals sent there, are highlighted. It is established that both in the USSR and in Germany, being sent to a penal military unit was considered a forced postponement of punishment. A number of serious shortcomings in the current versions of Articles 78.1 and 80.2 of the Criminal Code of the Russian Federation have been identified.

Discussion and Conclusion. It is proposed, taking into account historical experience, to update the versions of Article 78.1 of the Criminal Code of the Russian Federation and Article 80.2 of the Criminal Code of the Russian Federation, as well as other regulatory acts. It is necessary, based on the severity of the crime committed by a person and the amount of the sentence imposed, to establish a place of service (a penal military unit) by developing an appropriate regulation, taking into account historical experience, and to specify the minimum and maximum terms of service. It is also necessary to establish in these regulations for individuals who have voluntarily signed a contract, the obligation to fully or partially compensate for the harm caused by the crime. The text of the law should provide for the possibility of concluding a contract not only during periods of martial law, mobilization, and wartime, but also during peacetime.

Introduction. The accusations of bias and political motivation behind the decisions taken by the European Court of Human Rights (ECtHR) are no secret to anyone. Such decisions undermine the legitimacy of the Court and call into question its ability to ensure fair and impartial consideration of human rights cases. The Court often goes beyond the literal interpretation of the Convention on Human Rights, introducing its own biased political and ideological views into decisions. That is why the Russian Federation аt the legislative level decided on the non-binding execution of his decisions.

This paper critically examines the application of the evolutionary method of interpretation in the practice of regional courts and its destructive effect on the interstate nature of international courts. The violation of the principle of legal certainty, the significant excess of the judicial mandate, and the selectivity of the ECtHR's decisions, which were largely the result of the spread of the method of evolutionary interpretation, were the reason for Russia’s rejection of the ECtHR’s jurisdiction. The evolutionary interpretation of treaty norms transforms the role of international judicial bodies, discreetly expanding their sphere of competence and allowing them to unreasonably interfere in matters traditionally within the scope of the domestic jurisdiction of states.

Theoretical Basis. Methods. The theoretical basis of the article consists of issues related to the evolutive method of interpreting international norms in the focus of environmental (climate) rights on the example of the practice of the ECtHR and the IACtHR. The article is based on methods of analysis, formal legal, systemic legal, comparative legal methods and the method of interpretation of law.

Results. The evolutionary method of interpretation, also known as “dynamic interpretation” or “living instrumental interpretation”, is an approach to the interpretation of contractual norms that takes into account not only the literal meaning of the contractual text, but also the changes that have occurred in society, science, technology, and values since the contract was enacted. This method assumes that the contract is a “living document” that must be adapted to modern conditions.

Using Article 31 of the Vienna Convention on the Law of Treaties, regional courts, in particular the ECtHR and the IACtHR, were able to expand the scope of the convention’s norms, extending them to climate rights and obligations. It was the climate agenda that became one of the means of promoting the idea of global governance.

When arguing their decisions on environmental obligations, regional courts allow themselves to refer to other acts of international law that go beyond the region. The ruling in the KlimaSeniorinnen case has become a landmark, the consequences of which go beyond the European context. This case provided the ECtHR not only with an important opportunity to clarify its standards regarding climate rights, but also became a new period of development of an evolutive interpretation. The Resolution under consideration and the new interpretation of the right to a favorable environment will have an impact on current and upcoming court proceedings in other jurisdictions. With regard to the environmental rights, the IACtHR uses an evolutive interpretation more often than the ECtHR, based on the “ecological constitutionalism” of Latin American countries.

Discussion and Conclusion. As a conclusion, the author points out that the evolutionary method of interpretation is not indisputable. The transformation of the interstate nature of international courts under the influence of evolutionary interpretation is a process driven by globalization. It allows international courts to go beyond their jurisdiction and subvert the will of the states parties to the treaty. According to the authors, any evolutionary interpretation should be based on detailed reasoning and a thorough comparative legal analysis of international legal documents. Otherwise, it may lead to uncertainty and arbitrariness in the application of international law. If the interpretation of a treaty depends on changing values and opinions, then states cannot be sure how their obligations will be interpreted, which can undermine confidence in international law.