No 1 (2025)

 The organization and procedural activities of military tribunals operating during the period of martial law seem to have been insufficiently studied. In particular, the instance of military tribunals and the operation of the principles of procedural law during martial law need to be disclosed, as well as the specifics of checking sentences handed down by military tribunals and their execution need to be determined. The scope of criminal cases on crimes under the jurisdiction of military tribunals is established, and the judicial instances that carry out the consideration and resolution of a criminal case on the merits are determined. The features of the procedure for checking such sentences are disclosed, the circle of persons having the right to appeal to a higher court to protect the rights, freedoms and legitimate interests of an individual is determined, and the trends that arise during the execution of a sentence are established. The study notes the importance of the guiding explanations of the Plenum of the Supreme Court of the USSR on the practice of applying laws and coordination meetings of the Military Collegium of the Supreme Court of the USSR with operational workers of military tribunals, during which issues were discussed and decisions were made that contribute to the military tribunals passing a legal and justified sentence in wartime and combat conditions. It is concluded that, despite the conditions of martial law, no restrictions on the principles and institutions of procedural law were allowed in the administration of justice by military tribunals. Military tribunals used all opportunities in the harsh conditions of war to investigate the circumstances of the crime, the defendant’s involvement in its commission, and other circumstances subject to investigation. Along with this, the defendant’s participation in the court hearing during the consideration of the criminal case was ensured and his rights, including pardon, were explained. Other guarantees that ensured that military tribunals would issue a lawful and well-founded sentence in this time are also considered.

 The present article is devoted to the study of the Criminal Code of the RSFSR in the edition of 1926, which became an important stage in the development of domestic legislation in the early years of the USSR. The reasons for the creation of the Code are considered, including historical normative legal acts, essays by Soviet scientists and political figures, scientific and socio-political publications of the period under study. Discussion issues of principle and editorial nature, which arose before the legislators at the stages of development and approval, are highlighted. The concepts established in the General Part of the Criminal Code of 1926, which served as a basis for the development of the Soviet criminal branch as a whole, are disclosed and specified.

 The article discusses the legal protection of a citizen’s image, including controversial issues such as the form of consent for the publication and use of a citizen’s image, and the need to introduce criminal liability for deepfakes. The problems that indicate the presence of gaps in the legal regulation of the right to the image of a citizen are considered: the lack of a legally established concept of “image of a citizen”, the lack of indication of the types of material media of the image of a citizen. An analysis of judicial practice has been carried out, confirming the disclosed theses and indicating the form of liability for violation of a citizen’s right to an image.

The purpose of the study was to consider various aspects of the legal regulation of a citizen’s right to an image, to achieve which it was necessary to solve the following tasks: to analyze the legal norms that consolidate the studied citizen’s right, identify problems within the framework of this topic and consider examples of judicial practice characterizing the regulation of the protection of a citizen’s image.

The methodological basis of the research is the dialectical method of cognition. In the course of the work, systemic-structural, comparative-legal, functional and other private scientific methods of analyzing the problem under study were also used.

As part of the study, it was concluded that there are gaps in legislation in the regulation of the protection of a citizen’s image, including the need to supplement the norms in the regulation of this right on the Internet.

 This article addresses the problem of determining the amount of subsidiary liability of a controlling debtor on the basis provided for in Art. 61.12 of the Federal Law on Insolvency (Bankruptcy). In the absence of a legally established mechanism for including certain obligations in the amount of subsidiary liability of the controlling person. In practice, cases of incorrect determination of the extent of liability of a person based on the date of performance of the contract are common. After analyzing the law enforcement practice, it is proposed to use an approach whereby obligations arising from a contract concluded before the date on which the controlling person’s party becomes liable for filing for insolvency of the debtor, not included in the amount of subsidiary liability.

 Succession in civil law is important to ensure the stability of commercial turnover, in particular, the mechanism of succession of “business”, which is a complex of things and property rights, since to ensure its effectiveness it is necessary to maintain a constant production process. However, the existing regulation of inheritance of “business”, both in the whole property complex and in the framework of inheritance of corporate rights in commercial organizations, is not without drawbacks. There are problems of ensuring the rights of heirs when paying compensation to them in the event that another heir exercises the pre-emptive right to receive his share of the enterprise; when inheriting the rights to participate in corporate commercial organizations, in particular, the admissibility of inheriting the share of a participant in a limited liability company in cases where the testator has not paid such a share.

The main purpose of the study is to develop proposals for solving individual problems of inheritance of “business”, both in the form of inheritance of corporate rights and within the framework of inheritance of an enterprise, to achieve which it is necessary to clarify and analyze the regulatory and law enforcement mechanisms of inheritance of “business”.

The methodological basis of the study was the methods of analysis, synthesis, and legal interpretation.

Within the framework of the conducted research, it was noted about the complex and ambiguous legal regulation of the enterprise as an object of civil rights; the position on invalidation of the certificate of inheritance was justified, provided that the testator did not pay the value of his share at the time of death; proposals were made to improve civil legislation in terms of ensuring the rights of heirs when paying compensation to them in case of sale another heir to the pre-emptive right.

 The authors address the urgent issue of defining the role of artificial intelligence in the modern world, discussing global trends in its legal regulation, and noting that a surge in the adoption of regulatory documents at various levels occurred in 2024. The authors consistently consider theoretical and normative approaches to determining the legal personality of artificial intelligence and use a comparative legal research method, referring to international acts, model legislation of the member states of the Commonwealth of Independent States (CIS), as well as the Union State (Republic of Belarus, Russian Federation).The regulatory framework for artificial intelligence has been established in the Russian Federation, both at the federal level and through subordinate regulatory legal acts.

However, available artificial intelligence technologies are not currently being implemented in the law enforcement activities of internal affairs bodies (police). As promising areas for further scientific research, it is necessary to highlight those that will be devoted to the integration of existing AI technologies into the activities of law enforcement agencies for crime prevention.

 The author addresses the topical issue of animal protection in the modern world, discusses global trends in the legal regulation of this area, and examines changes in criminal law regarding liability for animal cruelty in our country. The author consistently examines theoretical and normative approaches to defining animal rights and their legislative support, using a comparative legal research method and referring to international acts and the legislation of member states of the European Union (EU) and the Eurasian Economic Union (EAEU) (Armenia, Belarus, Kazakhstan, Kyrgyzstan, and the Russian Federation).

The author concludes that a regulatory framework for protecting animals from cruelty and criminal violence has been generally established in our country at the federal level, including the Criminal Code of the Russian Federation, the Code of the Russian Federation on Administrative Offenses, and a special law on responsible animal treatment. The author emphasizes the importance of raising public awareness, especially among the younger generation, about the need for humane treatment of animals and the strict sanctions in place for committing violent acts against them.

 In her works N. A. Chechina repeatedly raises the question of applicability and viability of the principle of objective truth in civil proceedings. The relevance of the study is conditioned by the debatability of the principle of objective truth in modern civil proceedings, especially in the context of the contradiction between the active role of the court and the adversarial model. The object of the study is the principles of objective truth and adversarial principles in civil procedure, their interaction and conflict. The methodological basis includes comparative legal analysis to compare the Russian and Chinese models taking into account historical continuity, dogmatic method and historical-genetic approach in order to identify the influence of the Soviet procedural school on the legal systems of post-socialist states.

Conclusions of the study: the achievement of objective truth is impossible without the active role of the court, especially in the conditions of imbalance of procedural opportunities of the parties. Chinese evidentiary law, while retaining the features of the Soviet model, is evolving towards the strengthening of adversarial elements, which creates contradictions in the application of the principle of objective truth.

 The article discusses some issues of the appointment of handwriting expertise. The author pays special attention to the specifics of preparing comparative material and other information (about the conditions of the manuscript and its executor), which is important for conducting expert research, as well as formulating questions to the expert. The methodological basis of the research consists of methods of scientific cognition, among which the methods of observation, comparison, analysis, synthesis, and study of expert practice are distinguished.

Results: individual author’s recommendations on the appointment of handwriting examinations can be used to increase the level of interaction between forensic experts, investigative and judicial authorities, as well as to increase the effectiveness of the results obtained.

Conclusion: based on the analysis of the activities of state and non-state forensic institutions, as well as the results of a survey of handwriting experts, the article presents some features of the purpose of handwriting examinations in relation to modern research objects, the use of which can have a positive impact on both the timing of their production and the certainty of conclusions.

 The scientific article is devoted to the study of the problem of choosing priority areas for ensuring the financial security of organizations in the construction industry. The purpose of the scientific article is to study the main approaches to the concept of financial security of an organization, identify current problems and identify priority areas for improving the level of financial security of construction industry enterprises in modern conditions of economic instability. To achieve the stated goal, the following tasks were set and solved in the article: based on the analysis of existing scientific approaches, the author’s definition of the financial security of an organization as a constantly evolving system is formulated; the choice of an integrated risk-oriented approach to ensuring financial security, taking into account the specifics of the construction industry, is justified; a comprehensive risk management strategy is proposed, including the management of external, internal, economic and pandemic risks; the recommendations on the implementation of a risk management system, including the creation of a single risk management center, a multi-stage internal control system, the use of modern IT solutions and the formation of a risk management culture, are economically justified.

 The article examines the problem of moral autonomy as a condition for the formation of a holistic legal consciousness. Referring to the fundamental works of I. Kant and the works of modern authors, the article notes that moral autonomy in the works of the great German philosopher acts as the initial principle of the legal socialization of the individual, and, consequently, the basis of public law and order. Applying general scientific methods – analysis, synthesis, deduction, as well as extrapolation techniques, the author comes to the conclusion that the idea of moral autonomy is revealed through the phenomena of internal freedom and universality of obligation, and its study is relevant in the context of building a legal state in modern Russia.

 Russian Federation

katasuvorova09@gmail.com

Scientific supervisor: A. E. Komlev, Candidate of Science (Philosophy), Associate Professor of the Philosophy Department of the Saratov State Law Academy

Absrtact. The appeal to the philosophical and legal heritage of Russian thinkers implies the need to identify their reception of the ideas of Western European philosophy. The works of I. Kant became the basis for P. I. Novgorodtsev’s construction of an original concept of law. The methodology of this work is based on the comparison and comparison of the philosophical concepts of I. Kant and P. I. Novgorodtsev, as well as on hermeneutics, the authenticity of the interpretation of their works in the field of philosophy of law. Kantian legal ideas were creatively comprehended and reworked, supplemented by the need to take into account socio-cultural factors. P. I. Novgorodtsev anticipated the guidelines of modern Russian legal axiology, brought humanistic values into the orbit of philosophical and legal discourse.

The first inter-university student scientific and theoretical conference on philosophy, prepared and held by the Student Scientific Society jointly with the Department of Philosophy and Social and Humanitarian Disciplines of the V. M. Lebedev Russian State University of Justice, took place on November 21, 2024. It was dedicated to the 300th anniversary of Immanuel Kant and timed to coincide with World Philosophy Day.