Rossijskoe pravosudie

In the context of globalization and changing technological patterns, there is a transformation of modern legal systems, which leads to the actualization of the search for new tools that enhance the effectiveness of law enforcement activities.

The purpose is to explore the interpretation of law as a key tool for ensuring uniform and effective application of legal norms. To achieve this goal, it is necessary to solve the following tasks: to determine the criteria for the effectiveness of law enforcement; to analyze the points of view of leading scientists regarding the essence of the concept of “effectiveness of law enforcement” and to summarize existing approaches to defining this category; to consider the theoretical foundations of the interpretation of law and its relationship with law enforcement.

In the study of the category “interpretation of law” and the identification of contradictions related to the theoretical and practical aspects of its application, the dialectical method was used. The historical and legal method made it possible to trace the genesis of approaches to the concept of “effectiveness of law enforcement”, as well as criteria for its definition and evaluation. The formal legal method was used to clarify the content of the current legal norms. The method of analysis is used in the study of doctrinal sources, the method of synthesis is used in the formulation of basic research concepts and consideration of various aspects of this problem.

Using an instrumental approach, the role of interpretation of legal norms in the law enforcement process is determined.

The points of view of prominent scientists on the problems of law enforcement effectiveness are analyzed, and criteria for the effectiveness of law enforcement activities are identified. It is concluded that the interpretation of law is one of the important tools for improving the effectiveness of law enforcement, but there are factors that hinder the use of its potential. In this regard, the prospects for further research should be related to the development of new methodological approaches to the interpretation of law, the use of which will improve the effectiveness of law enforcement.

The article substantiates the expediency of establishing a federal specialized court over judges in the Russian Federation. According to the author, justice for judges should not only be fair, but also appear fair in the eyes of society, which requires the establishment of a separate federal specialized court that deals with justice for judges. Historical examples of such courts are provided.

It is substantiated that the jurisdiction of this court should include all criminal cases against all judges in the country, cases of disciplinary liability in the form of early termination of the powers of all judges and heads of courts (with the exception of judges and heads of the Constitutional Court of the Russian Fede­ration) for serious disciplinary offenses, and cases of serious offenses by judges that are not classified as disciplinary offenses, but that also result in early termination of the powers of all judges and heads of the country (with the exception of judges and heads of the Constitutional Court of Russia). The approximate contours of the court over judges are outlined.

The priority of public interest in land legal relations defines the essence of the legal regulation of lands of the natural reserve fund. Questions of correct application of substantive law rules governing the circulation of land in specially protected natural areas and objects of world natural heritage, their contestation were often the subject of appeals (applications, complaints, disputes), considered by the Supreme and Constitutional Courts of the Russian Federation. From the point of view of fulfilling the goals of ensuring environmental safety of Russia, and protection of natural and cultural values are topical issues of historical definition and modern legal regulation of landconservation fund with identification of problems and taking into account the opinion of the professional legal community of the prosecutor’s office and court in matters of prospects for improvement of regulatory regulation of the most valuable objects. The objective of the work is to formulate conclusions and recommendations regarding possible vectors for development of legal regulation of land of natural-reserve fund, and especially of natural heritage sites on the example of Lake Baikal. The methodological basis is made up of traditional techniques and methods of scientific cognition (dialectical, historical-legal, systems analysis, comparative-legal, sociological, etc.).

The article provides an analysis of the questionnaire of practitioners of the prosecutor’s office and the judicial system, presents an analysis of the opinions of law enforcement agencies on the possible improvement of the system of protection of world natural heritage sites on the example of Lake Baikal.

This study examines the current implementation of the legal institute of court expenses within commercial court proceedings. It identifies existing problems and complexities in the recovery of insurance contributions as mandatory deductions when legal services rendered are paid for by the losing party. These issues necessitate scholarly analysis and proposed solutions. The aim of this article is a comprehensive analysis of the challenges associated with the recovery of insurance contributions as an integral component of court expenses, including the determination of the amount of insurance contributions in commercial litigation.

The authors analyze the law enforcement practice established by higher courts and recent legislative amendments in the field of taxation. The application of structural definitions such as “simplified procedure” and “specialized nature” in the context of compensation for losses incurred in court proceedings is considered. The procedure for classifying monetary amounts transferred to a unified tax account as insurance contributions or other deductions is evaluated from the perspective of current tax legislation, along with the legal consequences arising from their transfer. The stages and phases of a tax audit necessary for classifying calculated amounts as a particular mandatory payment are analyzed. The necessity of a detailed examination of current tax legislation not only for the party obligated to transfer these payments to the budget but also for the judge responsible for verifying the relevance of the submitted evidence regarding court expenses to the case under consideration is emphasized. Reasoned arguments are presented to substantiate the inadmissibility of including insurance contributions when applying the institute of court expenses in current judicial practice. Furthermore, constructive and practically significant proposals for resolving this problem are provided.

This article is based on the Scientific and practical project “Conciliation Procedures in Civil and Administrative Proceedings” implementation results in the 2024/25 academic year. The concept of the project was approved by the Department of Civil and Administrative Litigation of the Russian State University of Justice named after V. M. Lebedev in 2020 as one of the scientific and practical areas of its activities. The project is carried out with the support of courts of general jurisdiction and arbitration courts in order to optimize the judicial workload through the introduction and development of the conciliation procedures practice, developing an optimal model of interaction between judges, judicial conciliators and mediators. The article analyzes conciliation procedures for family disputes carried out at the request of courts of general jurisdiction during the reporting period. The problems of reconciliation in family disputes at the trial stage are identified, gaps in the current legislation and methodological support for the practice of conciliation procedures are identified.

As a result, the authors come to the conclusion that it is necessary to use mediation as a tool for the prevention and early resolution of family conflicts to strengthen the institution of the family. The article describes the author’s algorithm for conducting the mediation procedure for a family dispute at the stage of trial, as well as a practice-tested approach to resolving the issue of participation in conciliation procedures of third parties and minor children; the need to limit the principle of confidentiality of conciliation procedures in order to protect the interests of children in the judicial process is justified. The conclusions and proposals of the authors set out in the article can be used for the further development of legislation on conciliation procedures and the development of professional standards for the activities of family mediators.

Problem statement: the article, based on doctrinal approaches to understanding the sign of social danger of a crime, examines the issue of compliance of Chapter 21 of the Criminal Code of the Russian Federation and judicial practice with the criteria of social danger of crimes against property.

The purpose of the study is to develop proposals for improving the norms of the criminal law on crimes against property and for the qualification of relevant criminal acts in accordance with the criteria of their social danger. Objectives of the study: 1) analysis of doctrinal approaches to understanding the sign of social danger of a crime; 2) to assess the compliance of legislative structures of crimes against property with the criteria of their social danger; 3) to identify the criteria used in judicial practice that influence the degree of social danger of crimes against property.

Conclusions. The economic size of property damage is not the only criterion for the social danger of crimes against property. Taking into account the decrease in the consumer value of the ruble, it is proposed to increase the criterion for distinguishing criminally punishable theft from petty theft to five thousand rubles, and the amount of significant damage to a citizen – to ten thousand rubles.

Periodic changes in the boundaries of such crime-forming and qualifying features of crimes against property as “large” and “especially large” size are necessary, depending on the level of inflation and a decrease in the consumer value of the ruble, for example, when the value of the ruble is reduced by half in relation to the period when the corresponding sizes were established by the legislator.

If the amount of property damage does not exceed ten thousand rubles, the author proposes to necessarily consider in law enforcement activities the issue of the possibility of recognizing an act containing all the elements of a crime as insignificant.

The rapid development of artificial intelligence has led to discussions about the presence of human cognitive abilities in systems based on it. Increasingly, the issues of using artificial neural networks in solving intellectual tasks, including the tasks of forensic examination, are being analyzed. At the same time, in the case of using neural network technologies capable of simulating human intellectual activity, it is important to determine the limits of their use when conducting forensic examination and drawing conclusions. The issues of the competence of a forensic expert, as well as the complexity of forensic examination using neural networks, require separate consideration.

The purpose of this research is to determine the features and limits of the use of artificial neural networks in solving intellectual tasks in general and in the production of forensic examination in particular.

The methodological basis of the research consists of the dialectical method of cognition, general scientific methods (analysis and synthesis, deduction and induction, logical method) and private scientific research methods (formal-logical, system-structural).

Modern artificial neural networks are only a model of the human brain, and a conditional model, not a full-fledged analog of the brain. Their use is justified in situations involving the performance of routine operations according to well-defined rules. In the production of forensic examination, the limits of using neural networks are a specific subtask that is solved at a separate stage of the research, while maintaining the defining role of the expert in formulating the conclusion. The application of research methods based on neural networks should fall within the competence of an expert of a specific expert specialty, after obtaining relevant knowledge and practical skills. It is noted that it is necessary to include in the theory of forensic science the theoretical foundations of the use of artificial neural networks, which the expert will be able to guide during the examination. In conclusion, it is proved that the use of a neural network as part of an expert methodology does not belong to the forms of comprehensive research, but represents the integrated use of methods within a single expert specialty.