Vol 6, No 2 (2024)

The Supreme Court of the Russian Federation takes an active part in the humanisation of Russian legislation and law enforcement practice. This article analyses the legislative initiatives of the highest judicial instance over the past 10 years, their results, and new prospects for the humanisation of criminal legislation.

Special attention is paid to the rulings and practice of the Supreme Court of the Russian Federation in criminal and civil cases with regard to the protection of constitutionally established rights and freedoms of the individual, which are the foundation of domestic legal humanism.

Introduction. The purpose of the article is to develop the doctrine about forms of money, to justify the need to develop new approaches to their delimitation in the era of digitalization.

Theoretical Basis. Methods. Doctrinal sources provided the theoretical basis for this article devoted to the study of forms of money from the standpoint of law and economics. The system approach required the analysis of scientific papers on the theory of state and law, as well as philosophy. To achieve this goal, various methods of understanding financial and legal reality were used, namely: dialectical-materialistic, logical, comparative, systemic, formal-legal, methods of analysis and synthesis, interpretation of law, which made it possible to analyze the prevailing scientific ideas about the forms of money, recognize money as a historically variable category, propose a new classification of forms of money, built taking into account the significant impact of digitalization on the organization of money circulation in the state.

Results. Forms of money are subject to evolutionary development due to significant changes in the nature of production forces and production relations. Digitalization has contributed to the emergence of a new form of money – digital.

Discussion and Conclusion. Money is a historically volatile category. Almost any kind of material and intangible property can act as such, subject to their official recognition by society and the state. It is proposed to distinguish between such forms of money as: material and intangible; commodity, cash (coins and banknotes), conditional (records of cash balances – non-cash, electronic) and digital (digital code).

Introduction. The article examines the evolution of the institute of jurors in Russia from the moment of its formation in 1864 to the beginning of the XX century by using a wide list of normative acts, works of domestic and foreign jurists, the works of the Commission for the Revision of legal provisions on the judicial part of 1894 and materials of law enforcement practice. In addition to assessing the all-Russian legislation, a historical and legal analysis of the regional legal framework of the period under review on the jury trial is being conducted. In particular, the paper reflects the peculiarities of the functioning of this form of legal proceedings in the Kuban region, based on archival sources.

Theoretical Basis. Methods. The study was conducted using a wide range of both general scientific (the principle of historicism, analysis, comparison, induction, deduction, systematic approach) and private scientific methods of cognition (formal legal, historical legal, comparative legal).

Results. The legislative consolidation of the legal status of the jury court in the normative acts of the Russian Empire was characterized by significant dynamism. Starting from the last quarter of the XIX and up to the beginning of the XX centuries, this institution was repeatedly reformed, in particular, with regard to the order of formation; jurisdiction of criminal offenses. These changes were due to the results of law enforcement practice; their assessment by government agencies. Significant work in this regard was carried out by the Commission to review the legal provisions on the judicial part at the end of the XIX century.

In Kuban, according to archival sources, this form of legal proceedings was introduced only in 1906, which is explained by the national and ethnic characteristics of the local population, its legal awareness and legal culture. At the same time, even after 1906, estate judicial institutions continued to operate in the region, in which jurors did not participate.

Discussion and Conclusion. Thus, the jury trial in Russia in the second half of the XIX – early XX century, despite certain shortcomings, was firmly entrenched in the system of domestic judicial proceedings and was abolished only in the post-imperial period – in 1917 In Kuban, this institution continued to function until 1920 – the establishment of Soviet power in this territory.

Introduction. The article is based on an analysis of the decisions of the Central Election Commission of Russian Federation on the refusal to register groups of voters created to support the self-nomination of candidates for the position of President of the Russian Federation and their authorized representatives, within the framework of the elections of the President of the Russian Federation, scheduled for March 17, 2024, and the decisions of the Supreme Court of the Russian Federation, based on the results of challenging such decisions, revealed problematic aspects of the procedure for creating and registering a group of voters to support the self-nomination of a candidate.

Methods. When writing the article, general scientific methods were used: analysis, synthesis, systematization. In addition, a formal legal method was used. In the process of analyzing the empirical material, which consists of decisions of the Supreme Court of the Russian Federation, decisions of the Central Election Commission of the Russian Federation, sociological methods were used.

Results. It is noted that, taking into account the current legislation and resolutions of the Central Election Commission, the procedure for holding a meeting and registering a group of voters to support a candidate for the position of President of the Russian Federation has been established, which consists of a number of stages with a certain mode of conduct and documentation. For violation of the procedure, corresponding constitutional and legal liability is established in the form of cancellation of the decision of the meeting and its registration.

Discussion and Conclusion. An analysis of the current legislation and the decisions of the All-Russian Central Executive Committee allows us to conclude that the currently established procedure is a guarantee of democracy and reliability in the implementation of electoral rights.

Introduction. The relevance of the research topic in difficult military and political conditions is determined by the need to improve the innovation system in the Ministry of Defense of the Russian Federation.

Methods. When writing the article, a wide range of general scientific, private scientific and special research methods were used.

Results. The generalization of advanced law-making and law enforcement experience in the implementation by special units for innovative development of the US Department of Defense of the concept of “Entrepreneurial University” (“University 3.0”), allowed us to positively assess the prospects for embedding the Ministry of Defense of the Russian Federation in the innovative model “startup studio”, focused on the development of promising innovative dual-use technologies, currently implemented by the Fund for Infrastructure and educational programs jointly with the Ministry of Education and Science of the Russian Federation. The conclusion is substantiated that the integration of the Ministry of Defense into a proven financial model can enhance the attractiveness of cooperation between all parties to the partnership (investor, university, students, representatives of the defense industry, the state) in terms of the potential opportunity to participate in the defense order, career growth in the research structures of the defense industry and the military department, the use of the research infrastructure of Technopolis, additional investments through the ERA Foundation LLC, This will have a positive impact on improving the innovation development system of the Ministry of Defense and the state’s defense capability.

Discussion and Conclusion. Recommendations have been developed to improve the model of innovative activity of small university enterprises – “startup studio”, adapted to the needs of the Ministry of Defense of the Russian Federation, presented in the form of an author’s concept of a regulatory legal act.

Introduction. From the standpoint of a critical analysis of the current criminal legislation of Russia, as well as the doctrine of criminal law and criminology, the article examines the essence and significance of the institution of repetition in the criminal law of Russia.

Theoretical Basis. Methods. The research was carried out taking into account the directions of criminal policy in Russia, the constitutional analysis of normative legal provisions on responsibility for committing crimes.

The use of the formal-logical research method made it possible to identify the essence and types of repetition in criminal law, and to establish the patterns of its implementation in criminal law.

Results. In the course of the study, attention is drawn to the fact that the formation of the concept of “repeatedness”, in the context of the development of the sociological school of criminal law, implied the attribution to this institution, first of all, of situations of committing several criminal acts, bearing in mind the objective danger to society of the multiplicity of crimes and persons who commit them (for example, recidivists and professional criminals).

At the same time, not only the multiplicity of crimes poses a danger to society and the State, but also the commission of other unlawful acts, which, if repeated, in some cases can acquire a qualitatively different character and reach the level of a criminal act. This position is the basis of the current institution of repetition and, in particular, the institution of administrative prejudice.

In this regard, the presented work examines the essence, types, and meaning of repetition in its existing version in the criminal law of Russia.

Discussion and Сonclusion. The problems of repetition are also considered in the aspect of the correlation of this institution with the theory of the dangerous state of the individual, the principle of the prohibition of punishment twice for the same act. The indicated aspects of the topic necessitated the appeal not only to works on the theory of criminal law, but also to the relevant issues of philosophy and logic. As a result, the author concludes that such a type of multiplicity as the repetition of offenses is singled out, the types of this multiplicity are determined and its importance for the criminalization and decriminalization of crimes is substantiated.

Introduction. An attempt to understand the need to change the scientometric indicators of legal research was made in this article. Recently, quantitative indicators of publication activity and citations of authors dominate in the assessment of scientific research. There are reasonable doubts about the possibility of measuring scientific creativity only by quantitative indicators. Indicators of scientific activity must systematically explain legal reality. Legal scientometrics needs to be improved so that within the framework of scientometric indicators the practical usefulness of research for law enforcement and the daily routine practice of the existence of legal matter should be taken into account.

Theoretical Basis. Methods. The theoretical basis of the article is the works of foreign and domestic researchers and scientists on the problems and features of assessing the effectiveness of scientific research, scientometrics, philosophy and legal theory. While preparing the article, the following scientific research methods were used: measurement, comparison, axiomatic method, analysis, synthesis.

Results. The purpose of this article is to identify possible directions of improving the performance indicators of legal science. As a result, measures are proposed to improve the indices of publication activity, as well as measures aimed at attracting wider interest of specialists in the field of jurisprudence and the ordinary population to scientific periodicals, including the allocation in the structure of scientific publications of sections devoted to practice-oriented publications, popular science applications, intended for the general population, etc. In addition, attention is attrected to the problem of publishing practice-oriented publications in international journals, and therefore it is proposed not to give them greater importance compared to domestic publications of the list of leading peer-reviewed journals.

Discussion and Conclusion. There are no scientometric indicators that would be able to evaluate without the slightest error the results of a scientist’s activity in all the diversity of connections between his scientific works and reality. Therefore, it is possible to compare the relative effectiveness of scientific developments and areas of activity of scientists based on a combination of not only quantitative, but also qualitative analysis of publication activity.

The authors of the monograph “The idea of Good in F. M. Dostoevsky’s work and its influence on the development of the philosophy of law (to the 200th anniversary of F. M. Dostoevsky)” A. I. Bastrykin, R. F. Ismagilov and V. P. Salnikov continue the traditions of the Russian philosophy of law, since in their understanding of law they proceed from the idea of the Absolute, as it developed in classical philosophy from Parmenides to Hegel, and in the experience of interpreting law in relation to national values and ideals, they start from the philosophical speculations of Dostoevsky.

The monograph provides a detailed author’s interpretation of Dostoevsky’s teaching about being, good and evil, society, state, law, justice, and the historical destiny of Russia.