Vol 6, No 1 (2024)

Cover Page

Full Issue

Theoretical and historical legal sciences

Consciousness is a Contradictory Attribute of Humanity

Antyushin S.S.

Abstract

Introduction. The question of consciousness is one of those which comprehension makes it possible to gain confidence that the human existence is necessary, that the earth human civilization had to have arisen in the Universe. The interaction of concepts about the essence and the origin of consciousness asserts the importance of human life, human activity, human dignity as well the validity of the emergence and development of culture.

Theoretical Basis. Methods. At the same time, the process of “pure” self-knowledge in which consciousness explores consciousness reveals many contradictions and even threats generated by the mind to itself. The desire to identify patterns of consciousness allows the hope of increasing of the effectiveness of self-knowledge to get a higher degree of self-control, to achieve better mutual understanding between people.

Results. The result of the analysis was the conclusion that the quality of consciousness is the most important sign of the measure of the human, cultural component of the subject of social relations, and also that the level of awareness of social activity directly affects the safety and viability of any social system. For Russia, at a turning point in world history, at the turn of the first and second quarters of the 21st century this is especially true.

Discussion and Conclusion. A decisive moment has come in the destinies of Russia and the world. This makes it necessary to effectively master one’s own consciousness.

Justice. 2024;6(1):8-33
pages 8-33 views

Abolition of the Death Penalty Movement in the Russian Empire at the Beginning of the 20th Century: Political and Legal Aspects

Tumanova A.S., Mamtsev R.V.

Abstract

Introduction. The article is devoted to the movement for the abolition of the death penalty, which unfolded in the Russian Empire during the First Russian Revolution. The movement was initiated by leading Russian legal scholars and manifested itself in a variety of forms: law press, collections of articles, lobbying the abolition law in the State Duma etc. At the same time, the movement was integrated into the general Western legal discourse, within the framework of which the issue of excluding the death penalty from the ladder of criminal penalties had been discussed for a long time.

Theoretical Basis. Starting with the Italian philosopher Cesare Beccaria, many European and American scientists and public figures, such as Benjamin Rush, Jeremy Bentham, Louis Lepeletier argued from different sides for the need to abandon death penalty, which undoubtedly affected Russian lawyers which sought to give this theoretical argumentation a real legal form during the First Russian Revolution.

Results. In this article, the authors for the first time made an attempt not only to characterize the main milestones in the history of the movement of Russian lawyers for the abolition of the death penalty, but also to integrate this movement into a certain narrative within the history of Western intellectual and legal thought. It is important to note that by the beginning of the 20th century, in most developed countries criminal codes still retained capital punishment, so the described movement was distinguished not only by a rich set of rhetorical arguments, but also by its very progressive nature. That is why the study of this issue is of great importance for the Russian law science.

Justice. 2024;6(1):34-46
pages 34-46 views

Advanced Research in the Field of Jurisprudence: Age of the Subject of Cognitive Activity

Boldyrev V.A.

Abstract

Introduction. The coordinated work of the workforce as a social group in which knowledge and skills are passed on between generations directly depends on the harmonious combination of the ages of its participants. Taking into account the seriousness of the efforts made by the Russian state to preserve the personnel potential of scientific and educational organizations and create a system of incentives for young researchers, an analysis of the average age of authors who published their works on jurisprudence in journals at the top of the SCIENCE INDEX 2022 ranking is carried out. The purpose of the work is to establish patterns characterizing the age composition of authors of leading legal journals and the factors influencing this composition. The objectives of the study are: establishing the average age of authors of leading legal journals, comparing it with the ages of authors of journals in other sciences, identifying factors influencing the age of authors that can be taken into account when developing a set of measures aimed at maintaining Russian science.

Methods. The work uses statistical methods, comparative method, formal logical methods.

Results. The collected data on the average age of authors of journals in the social and humanities, as well as natural and technical sciences, is presented. The age of authors of works in natural and technical disciplines is, as a rule, higher than the average age of authors in social sciences and humanities. The average age of authors of legal sciences is one of the lowest among the social sciences and humanities, which can be explained by the high dynamism of modern legislation and the specificity of the subject (national law), which reduces the mobility of a scientist.

Discussion and Conclusion. The age of the scientist, the merits associated with him and his position in the social hierarchy influence the ability to publish research results in the most prestigious legal journals, however, this pattern ceases to be observed when comparing the average age of authors in the middle and end of the ranking of legal journals.

Justice. 2024;6(1):47-57
pages 47-57 views

Military Courts in the Modern World

Petukhov N.A., Ryabtseva E.V.

Abstract

Introduction. The article contains a comparative legal analysis of the organization and activities of military courts of different countries. The features of military courts in the modern world are revealed, taking into account the main approaches to solving the issue of the peculiarities of the implementation of judicial power in the armed forces.

Results. A number of states where military courts operate on a permanent basis both in peacetime and wartime are considered; countries where specialized military structures operate on a permanent basis instead of military courts under general courts; countries where the activities of criminal military courts are limited to wartime.

Discussion and Сonclusion. Special attention is paid to the military courts of the Russian Federation. It is concluded that military courts, taking into account the new regulations on judicial reform, actively perform their socially significant role, ensuring the proper functioning of the judiciary in the Armed Forces, other troops and formations, carrying out judicial protection of the individual, society and the state, in the interests ofensuring the national security of the Russian Federation.

Justice. 2024;6(1):58-73
pages 58-73 views

Public law (state law) sciences

Dispute Resolution with the Participation of Banks When They Fulfill the Requirements of Executive Documents

Tsindeliani I.A., Sadovskaya T.D., Popkova Z.G., Ignateva E.G.

Abstract

Introduction. The complex nature of the legal regulation of dispute resolution with credit institutions that enforce the requirements of enforcement documents is of both scientific and practical interest. The purpose of the study is to determine the specifics of the consideration of this category of disputes, identify problematic issues and develop proposals for their resolution. To achieve this goal, the legal positions of the Supreme Court of the Russian Federation, as well as current law enforcement practice, are analyzed.

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

Results. The analysis of judicial practice carried out within the framework of this study allowed us to touch upon a number of controversial issues, and also revealed that in disputes involving banks or recoverers (debtors) and banks that enforce the requirements of enforcement documents, certain significant disputes related to the resumption of deadlines for the presentation of a writ of execution and for the issuance of duplicates of a writ of execution, changes in the method and procedure for the execution of the decision on succession in enforcement proceedings. Special attention is paid to the analysis of the legal structure of the “bankruptcy moratorium”.

Justice. 2024;6(1):74-98
pages 74-98 views

Institute of Post-Service Provision of Judges in the Russian Federation

Toropkin S.A.

Abstract

Introduction. The issues of post-service (pension) provision of judges in Russia are both the subject of scientific discussion and numerous court disputes. We believe that the correct solution of both applied and private scientific problems is impossible without a theoretical understanding of the essence of the institution of monthly lifelong maintenance and its place in the pension system of the Russian Federation.

Methods. The analysis of the essence of judges’ pension provision is based on the comparative legal method: monthly lifetime maintenance is compared with pension provision. The historical method is used: the evolution of the pension system of judges in Russia is considered.

Results. The features of the institution of monthly lifelong maintenance of judges, its differences from other types of pension provision in terms of the functions performed, the procedure, conditions of appointment, the possibility of depriving a person of these payments are revealed. Monthly lifetime maintenance cannot be combined with pension provision. Unlike a pension, the condition for obtaining an monthly lifetime maintenance is not only the onset of a certain period (age, length of service), but also the conscientious performance of one’s official duties, as well as compliance with prohibitions during the entire period of employment as a judge. The condition for obtaining an monthly lifetime maintenance is not only the judge’s past work activity, but also his work activity and even lifestyle after retirement. The level of pension provision for judges significantly exceeds the level of pension provision for ordinary citizens in terms of the coefficient of replacement of earnings.

Discussion and Conclusion. At its core, the monthly lifetime maintenance of a judge is a kind of pension provision. However, this institution has such unique parameters that it is quite justifiably designated by the legislator as a separate legal term.

Justice. 2024;6(1):99-107
pages 99-107 views

Criminal law sciences

Representation of a Minor Victim in Criminal Proceedings: Analysis of Federal and Regional (Stavropol) Legislation

Artamonova E.А.

Abstract

Introduction. The current Russian Criminal Procedure Law provides for the institution of his representation to protect the rights and legitimate interests of a minor victim in criminal proceedings. This article is devoted to the analysis of federal and regional legislation providing for general and additional measures aimed at protecting the rights of minors by victims.

Theoretical Basis. Methods. The theoretical basis of the study was the scientific works of domestic and foreign authors devoted to the representation of the legitimate interests of a minor victim in criminal proceedings, in particular, providing him with free qualified legal assistance. The use of the formal legal method of research allowed us to identify the features of the legal regulation of the entry into criminal proceedings of the representatives of the minor victim.

Results. An overview of the most significant issues for law enforcement related to the provision of a representative-lawyer to an imperfect victim, including on a gratuitous basis, is presented. In particular, the differences, positive and negative sides of the regulatory regulation of the procedure for ensuring the participation of a representative-lawyer of a minor victim under the Criminal Procedure Code of the Russian Federation and the Stavropol Territory Law “On additional guarantees for the protection of the rights of minors recognized as victims in criminal proceedings” dated November 11, 2010 No. 94-kz.

Discussion and Conclusion. The participation of a legal representative and a representative – a relative or representative – of another person to protect the rights and legitimate interests of a minor victim seems to be inadequate. The proper realization of everyone’s right to receive qualified legal assistance requires ensuring the participation of a representative-lawyer in the interests of a minor victim. It is proposed to legislate the participation of a lawyer as a representative of a minor victim as a case of mandatory participation in the criminal process of a representative-lawyer.

Justice. 2024;6(1):108-123
pages 108-123 views

Rulings Rendered on Matters of International Cooperation in the Sphere of Criminal Proceedings as other Court Decisions in Russian Criminal Proceedings

Zakaryan S.A.

Abstract

Introduction. In the criminal process, court decisions are normatively differentiated into final and intermediate. All decisions and definitions are recognized as the latter, with the exception of the final court decisions. However, the question arises, is it justified to classify some rulings as interim judgments? In particular, rulings to authorize the conduct of investigative actions provided for in Part 2 of Art. 29 of the Code of Criminal Procedure of the Russian Federation about which a request was received from the competent authority of a foreign state within the framework of international cooperation in criminal matters; ruling on the transfer of a person sentenced to imprisonment freedom to serve a sentence in the State of which he is a citizen; ruling on the recognition and forced execution of a sentence, a court ruling of a foreign state regarding the confiscation of estate located on the territory of the Russian Federation as proceeds of crime.

Methods. The methodological basis of the study is the universal dialectical method of scientific knowledge, general scientific methods of cognition, namely analysis, synthesis, abstraction, induction, deduction, analogy, modeling, systemic, as well as such private scientific methods, as formal-legal and comparative-legal.

Results. The legal nature of the rulings under study is revealed, consisting of procedural and legal features that are different from those that are normatively enshrined and theoretically developed in the science of criminal procedure, as characteristic of interim judicial decisions.

Discussion and Conclusion. Based on the results of the study, a conclusion is made about the advisability of separating the listed rulings from the group of interim court decisions into an independent group of “other court decisions” in Russian criminal proceedings.

Justice. 2024;6(1):124-135
pages 124-135 views

Emotional Intelligence in the Professional Activities of an Investigator

Piskunova E.V.

Abstract

Introduction. The investigation of the crime is considered in the article from the point of view of interpersonal communication. The relationship between the psychological theory of emotional intelligence and certain aspects of legal psychology and criminalistic tactics is analyzed.

Theoretical Basis. Methods. The theoretical basis of the study is the synthesis of psychological and criminalistic knowledge: about personality psychology, the psychology of communication, the theory of emotional intelligence and its applicability in various aspects of human activity, legal psychology, and the tactics of individual investigative actions. General theoretical methods of analysis, synthesis, comparison, extrapolation, modeling, as well as historical, legal and comparative legal methods were used.

Results. The concept of the emotional competence of the investigator is proposed and its influence on the effectiveness of the investigation as a whole, the implementation of individual investigative actions, and the prevention of professional and emotional burnout of the investigator is shown. The features of the use of emotional intelligence in the tactics of individual investigative actions are considered.

Discussion and Conclusion. Recommendations for the use of emotional intelligence when conducting individual investigative actions require further discussion and testing in practice. Implementation of general recommendations to expand the communication skills and psychological knowledge of the investigator and develop his emotional competence can increase the effectiveness of the investigation, as well as help prevent professional and emotional burnout.

Justice. 2024;6(1):136-164
pages 136-164 views

International law sciences

Protecting the Rights of Indigenous Peoples in the 2007 UN Declaration on the Rights of Indigenous Peoples

Chernyad’eva N.A.

Abstract

Introduction. The International Decade of Indigenous Languages (2022–2032) was proclaimed in 2022 by the UN system. Thus, the problem of indigenous peoples acquires increased relevance in international law. The UN Declaration of the Rights of Indigenous Peoples of 2007 remains the main document that ensures the protection of the rights of indigenous peoples. In the UN system and the human rights environment, this international legal document is highly appreciated. This article presents an analysis of the document and the features of the system of rights of indigenous peoples, provided for in the UN Declaration of the Rights of Indigenous Peoples.

Theoretical Basis. Methods. The article shows the specific features of the UN Declaration of the Rights of Indigenous Peoples as an international legal document; a classification of the rights of indigenous peoples according to the object of regulation is proposed. General scientific and special methods for legal science, primarily formal legal analysis, form the basis of the methodology used. Theoretical conclusions are supported by examples of international judicial practice.

Results. According to the results of the study, a number of conclusions, of which the most significant are the following: it seems controversial to grant indigenous peoples political rights that intersect with the sovereign rights of another subject of international law – the state; neither in the documents of international law, nor in the doctrine, is a model of relations in the system of indigenous peoples – state, taking into account the common component of their legal status, proposed; in the system of rights of indigenous peoples, a bias in favor of political rights, to the detriment of real mechanisms for preserving civilizational and cultural identity, is observed; the revealed features create conditions both for limiting the powers of the state and for the formation of discriminatory regimes in relation to other social groups.

Justice. 2024;6(1):165-178
pages 165-178 views

Scientometrics Issues

Review of the Sixth Professorial Forum “Science and Education as the Basis for the Development of Russia” and Other Organizational and Scientific Events on the Issues of Scientometric Assessment of the Results of Scientific Activity

Aryamov A.A., Bazarov R.A.

Abstract

Introduction. The problems associated with the scientometric assessment of the scientific activities of domestic scientific and scientific-pedagogical workers, scientific organizations and educational institutions of higher education have become very relevant at present. Anti-Russian sanctions have led to the refusal of international databases on scientific journals Web of Science and Scopus to provide Russian scientists with the opportunity to use their scientific information. This circumstance required the creation of new approaches to determining the requirements for the publications of graduate students, doctoral students, candidates for members of dissertation councils. At the same time, there is an urgent need to improve the methodology for assessing the results of scientific activities in order to improve the quality of scientific research in order to increase the level of demand for scientific products. Therefore, the purpose of the work is to conduct a comprehensive review of official documents of the Ministry of Science and Higher Education of the Russian Federation, materials of the Sixth Professorial Forum “Science and Education as the Basis for the Development of Russia” and other organizational and scientific events on improving the methodology for scientometric assessment of scientific activity for the period 2022–2023.

Methods. The work is based on the use of the documentary method of content analysis of official documents and other materials of organizational and scientific events on the improvement of the methodology of scientometric assessment of scientific activity in our country, published in the information and telecommunication network “Internet”. The method of self-ethnography, which is often used in sociological and psychological sciences, was also used in the preparation of the review. This method, in particular, was used for a comparative comparison of the authors’ own long-term scientific and pedagogical experience with the subjective perception of the ongoing changes in the field of scientometric assessment of scientific research. The method of direct observation was used in the process of participation in the work of the Sixth Professorial Forum “Science and Education as the Basis for the Development of Russia”.

Results. The article presents the results of the analysis of official documents of the Ministry of Science and Higher Education of the Russian Federation and the materials of the following organizational and scientific events on the issues of a new methodology for assessing the results of scientific activity: the Sixth Professorial Forum “Science and Education as the Basis for the Development of Russia”, the section of this forum “Scientometric Assessment of Scientific Activity: Problems and Prospects”, the General Meeting of Members of the Russian Academy of Sciences, the II Congress of Young Scientists, a briefing of the Ministry of Science and Higher Education of the Russian Federation “Science and Higher Education: Results of the Year and New Solutions in the Context of Sanctions”, a meeting of the Commission for Monitoring and Evaluation of the Results of the Activities of Scientific Organizations and Educational Institutions of Higher Education, a report on the implementation of the Action Plan of the Ministry of Science and Higher Education of the Russian Federation in 2022 and tasks for 2023, Order of the Ministry of Science and Higher Education of the Russian Federation dated April 24, 2023 No. 443 “On Approval of the Procedure for the Preparation by the Federal State Budgetary Institution “Russian Academy of Sciences” of Conclusions on the Results of the Examination of Scientific and Scientific-Technical Results within the Framework of Reports of Scientific Organizations and Educational Institutions of Higher Education Carrying Out Scientific Research at the Expense of the Federal Budget, on Scientific Research, on the scientific and (or) scientific-technical results obtained for the reporting financial year, as well as the criteria and indicators used in the preparation of such conclusions”.

Discussion and Conclusion. Content analysis of official documents of the Ministry of Science and Higher Education of the Russian Federation, materials of the Sixth Professorial Forum “Science and Education as the Basis for the Development of Russia”, the section of this forum “Scientometric Assessment of Scientific Activity: Problems and Prospects” and other organizational and scientific events on improving the methodology of scientometric assessment of scientific activity in our country allow us to formulate the directions of this activity. The Working Group of the Higher Attestation Commission under the Ministry of Science and Higher Education of the Russian Federation has completed the work on the distribution of journals into three categories: K1 (25% of journals), K2 (50%), K3 (25%); The criteria that serve as the basis for increasing the category of the journal and the criteria for lowering the category of the journal are determined. A list of criteria and indicators used in the preparation by the Russian Academy of Sciences of conclusions based on the results of the examination of scientific and scientific-technical results within the framework of reports of domestic scientific organizations and educational institutions of higher education has been determined. The development (at the final stage) of the domestic International Science Citation Index, independent of foreign databases, continues, the advantages of which are: compliance with international standards and international competitiveness; supporting the development of priority scientific industries through the formation of a competitive environment for leading journals; improving the quality of journals, strengthening the principles of publishing ethics and conscientiousness of peer review of scientific research; support of new high-quality journals in priority areas (elimination of deficiencies); an alternative to the existing international databases of scientific citation, an independent system of scientific performance; popularization of outstanding scientific research; focus on the assessment of scientific potential for building effective international scientific communication.

Justice. 2024;6(1):179-192
pages 179-192 views

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