Vol 7, No 3 (2025)

Cover Page

Full Issue

Theoretical and Historical Legal Sciences

Political Worldview in Antiquity (Socrates, Plato, Aristotle)

Frolova E.А.

Abstract

Introduction. The current task of modern jurisprudence is the formation of legal thinking. This goal is largely achieved thanks to the theoretical and legal sciences, among which the philosophy of law occupies a special place. The ideological (personal) component of the philosophy of law gives it special significance as a science of fundamental jurisprudence.

Using the example of the ethical and legal views of Socrates, Plato and Aristotle, a systematic and genetic approach to the study of the state and law is shown. In theoretical terms, the philosophy of law of Ancient Greece is of particular interest: Greek philosophers considered all the main concepts and problems in the field of law and state, showing their semantic characteristics. The principles they developed are largely important for the development of legal thinking in the 21st century.

Theoretical Basis. Methods. The purpose of this work is to study the political and legal doctrines in Ancient Greece as socio-cultural phenomena. To achieve this goal, the following tasks were solved: analysis of the ethical and political views of Socrates; definition of the state as the idea of truth and goodness in Plato’s teaching; consideration of the main methodological foundations of Aristotle’s philosophy of law.

The following methods were used in the study: analysis and synthesis, hermeneutic, comparative approaches.

Results. The analysis of political and legal phenomena and their assessments by ancient authors allowed the author to formulate a number of conclusions.

  1. According to Socrates, the state should be based on justice.
  2. Plato sought to implement the idea of good in reality. Moral life, he believed, can only be realized in the state. Therefore, Plato’s moral teaching grows into a doctrine of the state, individual ethics becomes social.
  3. Aristotle’s ethics is not aimed at understanding a single, eternal, unchanging ideal; the subject of his research is specific benefits achievable by man. His focus is on the issues of defining the state, analyzing its forms and the reasons for the change of state power in each of these forms.

Discussion and Conclusion. Using the example of the analysis of the philosophy of law in Ancient Greece (Socrates, Plato, Aristotle), the author shows the value of the history and methodology of law, the history of political and legal doctrines, and the philosophy of law. It is argued that philosophy served as the logical and theoretical basis for the teachings of ancient thinkers. Ancient thinkers considered the state, law, and man in their unity and integral interrelation. An important theme of the philosophy of law of this time is the creation of a state and law based on justice. A characteristic feature of ancient philosophy of law is its dialogic nature, which allows one to see and evaluate the author’s approaches to revealing the essence of political and legal phenomena.

Justice. 2025;7(3):8-28
pages 8-28 views

Legal Co-creation in the Scientific Views of G. Gurvich (Philosophical and Legal Aspects)

Stepanenko R.F., Stepanenko G.N.

Abstract

Introduction. The article examines the problems of legal co-creation of public authorities with civil society institutions. Recognizing a certain inconsistency of public and state interests in the formulation of normative provisions, the author turns to the scientific ideals and views of his compatriot, the famous philosopher and sociologist of law G. Gurvich. Legal co-creation, as the highest form of communication and cooperation of legislative authorities with representatives of civil society, has been studied since ancient times by philosophers and, later, sociologists, who noted the need for joint law-making activities. One of the ardent representatives of this scientific direction was G. Gurvich, who distinguished between “social” and “state” law, but insisted on their close interaction. Emphasizing the “purity and independence” of social law, the author calls “recognition of law” one of its sources, which is not always taken into account by “subordinating state” rule-making.

Theoretical Basis. Methods. Using the critical method, G. Gurvich poses the problem of classifying judicial bodies as state bodies, but not as institutions of the national community. Noting the need for interaction and cooperation in the law-making sphere, G. Gurvich focuses on the expediency of synthetic scientific research on this issue, combining dogmatic, philosophical and sociological-legal methodological approaches applicable to the study of legal co-creation. Accordingly, the problem of legal co-creation is of an interdisciplinary scientific nature and its study presupposes, in addition to the use of legal-dogmatic, philosophical and sociological-legal approaches, the use of a wide range of methods of the social and humanitarian scientific complex.

Results. In the course of studying the problems of legal co-creation of public authorities with civil society institutions, the authors focus not only on the law-making process of the legislative branch of government, but also on judicial rule-making. The key issue of attributing the latter, from the point of view of G. Gurvich’s philosophy of law, is the formulation of the problem of an individual’s participation in the creation of rules of conduct that are consistent and fair for an individual, society and the state. The categories of “communication”, “interaction”, “cooperation” – in the integrity of interactions between the state, civil society and an individual, form the social “totality” that makes “law generally recognized”. Recognition of law – as an “expression of this totality” – is a “postulated moral principle”, “legal reality”, which it would be rash not to take into account in the process of law-making. Criticism of legal dogma, carried out by Gurvich in the work under consideration, leads the author to conclusions about law as a way of managing a social mechanism based on “philanthropy and humanism”, which legal positivism is silent about. Philosophy and sociology of law, in this sense, most fully and deeply scientifically substantiate and theoretically argue the meaning-forming essence of law-making initiatives and the entire legislative process.

Discussion and Conclusion. The dogma of law as a process of, basically, systematization and interpretation of positivistic strategies and tendencies, does not search for meanings, goal-setting, principles and criteria of balance of legal interests of the individual, society and the state. It is the theoretical legal sciences (philosophy and sociology of law) that comprehend the essence of the joint, cooperative process of lawmaking. The value of this joint activity is not only metaphysical, but, above all, spiritual and moral in nature and contributes to the increase of authority to legislative activity and legislative subjects, allowing any state system to develop in a civilized manner.

Justice. 2025;7(3):29-41
pages 29-41 views

Phraseologisms with the Concept of “Truth” as an Expression of the Philosophy of Law and Legal Psychology of the Russian People

Novikova L.I.

Abstract

Introduction. The study is carried out at the intersection of philosophy, linguistic philosophy and legal psychology. The article is devoted to the study of phraseological units with the concept of “truth”. The purpose of this study is to consider how the psychology of law and legal psychology are expressed through stable expressions with the concept of “truth”, how, as a result of recognition, understanding, and acceptance of a concept through phraseological units, an internal understanding of law is formed.

Theoretical Basis. Methods. The basis of the study was the meanings of the word “truth”, given in linguistic, philosophical, legal sources, as well as phraseological units with the concept of “truth”. The author used theoretical methods characteristic of philosophy (hermeneutic, systemic, analytical methods); methods used in the study of phraseology (contextual and component analysis, comparison method); methods specific to legal psychology (observation, data interpretation), etc.

Results. The article examines the content of phraseological units with the concept of “truth”, reveals the internal relationship between law and stable expressions with this concept, establishes the significance of the identified groups of phraseological units for understanding the attitude of the Russian people to truth and lies, shows how the philosophy of law and legal psychology of the Russian people are manifested through linguistic constructs. Phraseologisms with the concept of “truth” help to better understand the moral and ethical side of justice.

Discussion and Conclusions. The author has proven that the concept of “truth” and phraseological units that include this concept are not terms in modern Russian and are weakly tied to law, although their analysis provides an understanding of the internal legal motivation for people’s actions, since the concept of truth is an important moral and ethical guideline for modern man.

Justice. 2025;7(3):42-54
pages 42-54 views

Public Law (State Law) Sciences

On Information and Technical Support for the Personal Safety of Judges

Malakhov D.M.

Abstract

Introduction. The article explores the prospects of implementing the “Judge Under Protection” hardware-digital platform to ensure the personal safety of judges. It describes the platform’s concept, which includes a mobile application with a panic button that performs route monitoring, integrates with law enforcement databases, warns of potential risks of encountering threatening individuals, and, if necessary, records evidence.

Results. Special attention is given to the application of artificial intelligence (AI) through “smart glasses”, “smart watches” and other gadgets for rapid response and evacuation, as well as the role of criminology and profiling in the preventive identification of threats.

Discussion and Conclusion. Based on advanced experience, measures are proposed to enhance the security functions of judicial enforcement officers (bailiffs), contributing to judicial independence and strengthening trust in the justice system.

Justice. 2025;7(3):55-66
pages 55-66 views

Constitutional Function and Powers of the President of the Russian Federation to Maintain Civil Peace and Harmony in the Country

Pisarev A.N.

Abstract

Introduction. The relevance of the study is caused by three main factors. Firstly, the need for further in-depth scientific and legal analysis of the 2020 amendments to the Constitution, which contain a number of fundamentally new provisions for the domestic state and law, enshrining, in particular, the function of the President to maintain civil peace and harmony in the country and, accordingly, the urgent need for scientific understanding and detailed legal regulation in the current constitutional legislation of both the legal definition of “civil peace and harmony” in general and, in particular, the powers of the head of the Russian State to implement the corresponding function. Secondly, the development of civil society in Russia, in this case in the context of legal regulation of its interaction with the state in order to ensure civil peace and harmony. Thirdly, the complex geopolitical situation in which the Russian Federation has found itself for the last ten years, striving, under conditions of unprecedented pressure from the collective West and its constant attempts to disrupt civil peace and harmony in the country, to preserve state sovereignty and prove its belonging to the leading countries of the world.

Theoretical Basis. Methods. The theoretical basis of this study is the scientific works of scientists in the field of the theory of state and law, constitutional law, administrative law. The work uses general scientific methods (systemic analysis, dialectical, formal-logical) and special research methods (systemic-legal, comparative-legal, historical-legal, formal-legal).

Results. Firstly, the enshrinement in the amendments to the Constitution of 2020 of the President’s function of maintaining civil peace and harmony in the country is explained by its vocation to consolidate the state and civil society due to the historically established role of the head of state in our Fatherland as a national leader and bearer of supreme power, called upon to ensure continuity in the development of domestic statehood in accordance with constitutional values reflecting the civilizational and all-Russian cultural identity. Secondly, the content of the analyzed function of the President and his powers to implement it are determined by the concept and essence of the legal definition of “civil peace and harmony” enshrined in the preamble to the Constitution as a constitutionally significant value and guideline for the constitutional development of the country, one of the most important areas of state policy. Thirdly, the universal nature of the function of the head of the Russian State to maintain civil peace and harmony in the country is determined, which is manifested in its interconnection with other constitutional functions of the President to guarantee the Constitution, the rights and freedoms of man and citizen; take measures to protect the sovereignty of the Russian Federation, its independence and state integrity; ensure the coordinated functioning and interaction of bodies included in the unified system of public authority; determine the main directions of the domestic and foreign policy of the state.

Discussion and Conclusion. In order to develop proposals for securing in the current legislation the powers of the President necessary for the implementation of his function of maintaining civil peace and harmony in the country, it seems justified to conduct, in the relevant constitutional and legal aspects, a comparative legal analysis of this function of the head of the Russian State with his constitutional functions and powers to guarantee the Constitution, the rights and freedoms of man and citizen; take measures to protect the sovereignty of the Russian Federation, its independence and state integrity; ensure the coordinated functioning and interaction of bodies included in the unified system of public authority; determine the main directions of the domestic and foreign policy of the state. The absence to date in the current legislation of a detailed legal regulation of the powers of the President necessary for the implementation of his function to maintain civil peace and harmony in the country, according to the well-founded opinion of many authors, leads to the dominance of the head of the Russian state in the system of state authorities and the implementation of the full extent of real power outside parliamentary control and responsibility, opens up opportunities for abuse of authority, serves as a justification for the broadest presidential powers, ignores the impossibility of political neutrality. Taking into account the above, as well as the constant attempts of the collective West to violate civil peace and harmony in our country, there is an urgent need for detailed legal regulation in the current constitutional legislation of the relevant powers of the President, which make it possible to determine the scope of his responsibility, accountability, and also to evaluate his actions and decisions from the point of view of their compliance with the Constitution and laws.

Justice. 2025;7(3):67-84
pages 67-84 views

Justice in the System of Local Self-Government Legal Protection

Popova S.P.

Abstract

Introduction. This scientific article presents a comprehensive analysis of justice importance in the system of local self-government legal protection at current stage of the Russian state development.

Theoretical Basis. Methods. The theoretical basis of the study was the works of legal scholars on justice issues. The methodological basis of the study is a complex of philosophical, general scientific and special scientific methods of cognition.

Results. The diversity of the scientists’ views and judgements on the place of justice in the mechanism of local self-government legal protection has been revealed. It is stated that local self-government is a democratic institution and its basic idea is democracy and ensuring adequate influence of municipal communities on the system of public authorities. The judiciary and justice system are constitutionally obliged to support municipal democracy using available and reasonable legal means. Currently, local self-government is undergoing another organizational and territorial reform, the new Federal Law No. 33-FZ of 20 March 2025 comes into force, after the adoption of which, undoubtedly, a new period of its development will begin within the framework of a single system of public authority. However, as part of the amendments to the current legislation, the subject of consideration of disputes by the judicial branch in the field of local self-government continues to expand.

Discussion and Conclusion. The conducted research draws conclusions that any judicial process involving public authorities (in particular local authority) should be considered not as a primary protection tool but as a legitimate mean to ensure the unity of public power system in cases where disputes between federal, regional and local authorities need an impartial resolution. It is noted that the appeal to the court is exactly the starting point of the movement of local self-government entities to legal protection of their rights.

Justice. 2025;7(3):85-97
pages 85-97 views

Private Law (Civil Law) Sciences

Differentiation of Legal and Individual Regulators of Labor Relations

Ershov, Jr. V.V.

Abstract

Introduction. The article examines general scientific, theoretical, industry and practical arguments proving the need to differentiate legal and individual regulators of labor relations. The work analyzes controversial issues, including “measures for organizing” legal regulators; actual labor relations within the sphere of legal regulation; legal and individual regulators of labor relations; dialectical relationship between labor relations and individual labor relations.

Theoretical Basis. Methods. The theoretical basis is formed by the works of K. Marx, F. Engels, works of scientists in the field of theory of state and law, labor law. General scientific methods are used: analysis, synthesis, systematization. In addition, the author based his judgments on comparative analysis, formal-legal and hermeneutic research methods.

Results. A comparative analysis of legal and individual regulation of labor relations was carried out. As a result of the study, a conclusion was drawn that it is generally scientifically and theoretically controversial, and practically not productive enough, to synthesize legal and individual regulators.

Justice. 2025;7(3):98-108
pages 98-108 views

Negotiations in the Context of the Civil Law Doctrine on Good Faith

Raynikov A.S.

Abstract

Introduction. Abstractness, social justification, and objectivity, as attributes of good faith, are identified in the article as key factors in regulating the behavior of parties during contract negotiation. The functions of good faith determine the specifics of the rights and obligations of the negotiating participants.

Theoretical Basis. Methods. The theoretical basis of the work rests on the fundamental research into the principle of good faith by Russian and foreign authors. The dialectical and formal-legal research methods were used in the preparation of the article.

Results. The aspects of the principle of good faith which play a pivotal role in the legal regulation of negotiations are determined in the article. It is proved that rights and responsibilities of negotiators can’t be defined without taking into account this principle. It is shown as the specificity of such rights and responsibilities predetermines the occurrence of the obligation which arises as a result of entering negotiations.

Conclusion. In the article the argument is made that proper application of the rules of negotiations is possible only through reliance on the civil law doctrine on good faith.

Justice. 2025;7(3):109-121
pages 109-121 views

Strong Family, Marriage, Having Many Children: Moral Ideals and Legal Regulation of Property Relations

Boldyrev V.A.

Abstract

Introduction. The ideals of natural continuation of life, strong family, marriage and having many children can be brought to life through the content of specific legal norms and consistent law enforcement practice. The purpose of the work is to establish the provisions of the current legislation regulating property relations involving family members that stimulate behavior that diverges from the ideals of a strong family, marriage, having many children, and to suggest areas for improving positive law and law enforcement practice.

Theoretical Basis. Methods. The tasks of different social groups can differ significantly. Thus, the ideal of having many children is associated with solving the problems of Russian society. Attempts by older family members to comply with it can lead to a clash of property interests of children. Removal of acute contradictions between the tasks of social groups is possible by means of positive law. In the study, formal-dogmatic, historical-comparative, comparative-legal methods were used.

Results. The article analyzes the norms on the division of property of spouses acquired during marriage for compliance with the ideals of a strong family and having many children: the possibility of deviating from the principle of equal shares in the interests of children, the need to take into account the grounds and sources of funds for the acquisition of property. It describes a range of problems associated with the formation of shares in the right of ownership of children based on the norms of the legislation on family capital.

Discussion and Conclusion. The ideals of a strong family and having many children are consistent with the practice within the framework of which: 1) any deviations from the principle of equal shares in the division of jointly acquired property with reference to the interests of children are considered as exceptional cases; 2) when dividing joint property, the value of things alienated during the marriage that previously belonged to the spouse is taken into account. The obligation of parents to “register” a share in the right to property acquired at the expense of family capital for their children reduces incentives for independent and fruitful work, and contradicts a number of fundamental principles of Russian property and inheritance law.

Justice. 2025;7(3):
views

Comparative Legal Analysis of the Main Principles of Family Legislation of the Russian Federation and the Republic of Belarus

Kokova D.А.

Abstract

Introduction. A comparison of the basic principles of family law today is of particular interest both in view of the increasing importance of family law in general and the constantly increasing number of marital relations between citizens of the union states.

Theoretical Basis. Methods. The theoretical basis of the study was the works of scientists on this issue. This study is based on the application of general theoretical methods of cognition: comparison, analysis, synthesis, as well as specific scientific methods of cognition: historical-legal, formal-legal, the method of literal and systemic interpretation.

Results. Due to the complexity of defining the subject and method of regulating family legal relations, especially when it comes to the participation in these legal relations of subjects who have citizenship of different states, a comparative legal analysis of the provisions of the legislation of countries, having the closest connection, allows to identify a number of difficulties in the relevant regulation and, as a result, suggests ways to overcome them. The author suggests paying attention to the principles of family law, as a general regulator in family law of both the Russian Federation and the Republic of Belarus for the purpose of comprehensive implementation of the rights of citizens Union State in the field of family legal relations.

Discussion and Conclusion. Identification of patterns in the formation of principles for regulating family legal relations in the Russian Federation and Belarus will allow for the comprehensive implementation of the rights of Russian and Belarusian citizens.

Justice. 2025;7(3):137-146
pages 137-146 views

Trends in Legal Protection of Persons with Disabilities: National and International Aspects

Khorsheva Y.O.

Abstract

Introduction. The article is devoted to a comparison of international and national legal mechanisms for the protection of people with disabilities. Certain trends in changes in the legal regulation of the status of disabled people are explored. A brief historical and legal overview of the formation of the institution for the protection of the rights of people with disabilities in Russia is provided. The main goal of the study is to highlight positive international and national experience in protecting vulnerable categories of the population for further improvement of domestic legislation.

Methods. The main methodological principle of the study was the principle of unity of theory and practice. When conducting the study, a systematic approach was used to compare international and national mechanisms for protecting the rights of people with disabilities. General scientific (historical, statistical, analysis) and special (formal legal, historical legal, comparative legal) methods of legal research were also used. When studying the issue of the possible use of positive legal experience in the modern mechanism of legal regulation, certain tools of the legal modeling method were also used.

Results. During the research process, an analysis of the legal protection of people with disabilities at the international and national levels was carried out, general trends in the development of the institute at the international and national level were identified, and a range of problems that needed further research was identified, recommendations are given for the possible use of positive experience in protecting the rights of people with disabilities in the modern legislative process.

Conclusion. Support for persons with disabilities is usually provided in the form of material benefits (social payments, housing) and non-material benefits (help with rehabilitation and socialization). These forms should be improved, legislation should follow the path of humanization, and society should receive legal education about the rights of persons with disabilities in order to promote their socialization.

Justice. 2025;7(3):147-161
pages 147-161 views

Criminal Law Sciences

The Impact of Information Technology on the System of Guarantees of Rights and Legitimate Interests of Participants in Criminal Proceedings

Markovicheva E.V.

Abstract

Introduction. Modern criminal proceedings are undergoing changes under the influence of the global end towards digitalization of both institutions and the system of access to public services for citizens. Although the specifics of the criminal process naturally slow down the speed its informatization, ay the level of normative regulation and law enforcement practice, within the framework of the designated trend, solutions are increasingly being proposed that qualitatively transform the activities of preliminary investigation bodies and the court. Such changes affect the rights and legitimate interests of participants in criminal proceedings, but the system of their guarantees, while possessing a certain universality, is not sufficiently adapted to the more active use of information technology by law enforcement officers.

Theoretical Basis. Methods. The theoretical basis of the study was made up of scientific works of Russian and foreign scientists devoted to various aspects of digitalization of judicial activity, use of electronic evidence, remote investigative actions, use of applied intelligent systems and effectiveness of the legal regulation system of the issues studied in the article were made using formal-legal, comparative-legal and general scientific research methods.

Results. The article proposes several approaches to the theoretical rethinking and normative transformation of the system of criminal procedural guarantees of the rights and legitimate interests of participants in the process in the context of more active use of digital technologies in investigative and judicial activities.

Discussion and Conclusion. The universalism of the present system of criminal procedural guarantees may become a disadvantage rather than an advantage in the context of consistent digitalization of legal proceedings, not meeting the needs to ensure the rights of individual participants in the process in the context of a variety of law enforcement situations combined with technical limitations. The author proposes a change in doctrinal and law enforcement approaches to guaranteeing the rights of individual subjects in the context of digitalization of criminal proceedings.

Justice. 2025;7(3):162-178
pages 162-178 views

Qualification of Cyberattacks as “Use of Force” or “Act of Aggression” in International Law: Analysis of Article 51 of the UN Charter and Perspectives of Self-Defense in Cyberspace

Lazari C.C.

Abstract

Introduction. In the modern world, cyberattacks have become a significant threat to international security, capable of causing substantial harm to states by disrupting critical infrastructure and undermining national security. However, international law does not yet provide a definitive answer on whether cyberattacks can be qualified as “use of force” or an “act of aggression” under the UN Charter, creating legal gaps and complicating the application of the right to self-defense. Purpose of the study is to analyze international legal norms and practices related to the qualification of cyberattacks and to consider prospects for the development of international law in the field of self-defense in cyberspace. Tasks: to study the concept of “use of force” in international law as applied to cyberattacks; to consider the possibility of qualifying cyberattacks as an “act of aggression”; to analyze the application of the right to self-defense in light of Art. 51 of the UN Charter; to identify political-legal and doctrinal disputes on this topic; to assess the prospects for codification and unification of norms in the field of cybersecurity.

Theoretical Basis. Methods. The article relies on jus ad bellum under the UN Charter (Arts. 2(4), 51) and an instrument-neutral, scale-and-effects reading for cyberspace: qualification turns on magnitude and consequences (physical harm, casualties, long-term loss of critical infrastructure functionality, systemic economic impact) rather than means. This framework distinguishes below-force measures, use of force, and armed attack; thresholds are assessed via intensity, duration, and aggregate effects. Stuxnet illustrates material damage by cyber means. Response regimes hinge on attribution: self-defence presupposes an armed attack attributable to a state, whereas countermeasures address wrongful acts below the force threshold, subject to necessity, proportionality, and reversibility. State approaches diverge (US/UK – adapt existing law; Russia/China – emphasize cyber-sovereignty and tailored norms). IHL applies where operations occur in armed conflict, informing ratione materiae/temporis analysis.

A qualitative research method is used, including doctrinal analysis of legal norms and a comparative approach to studying the positions of various states (Russia, USA, China) and international organizations on issues of cyber sovereignty and self-defense.

Results. It has been established that cyberattacks can be qualified as “use of force” or an “act of aggression” when there is significant damage comparable to the consequences of a traditional armed attack. However, the absence of clear international norms and differences in state positions create difficulties in applying the right to self-defense in cyberspace.

Discussion and Conclusion. There is a need to adapt international law to the realities of the digital age by developing new international norms and mechanisms that take into account the specifics of cyberspace. International cooperation and dialogue among states are critical for creating an effective system to counter cyber threats and ensure security in the digital era.

Justice. 2025;7(3):179-192
pages 179-192 views

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