Vol 9, No 1 (2025): Актуальные проблемы государства и права
- Year: 2025
- Published: 04.06.2025
- Articles: 15
- URL: https://journal-vniispk.ru/2587-9340/issue/view/19504
Full Issue
General Theory and History of Law and the State
Historical method in the study of financial and legal phenomena
Abstract
The study examines not only the features of the historical research method, but also its nuances in conducting research in the field of financial law. The features of the industry that influence the application of this method are presented, identifies the works of scientists produced on the basis of this method were identified, and statements of researchers who made a significant contribution to the development of financial law in its critical stages are presented. Various points of view of scientists, formed under the influence of historical, economic, legal, social, political and other conditions, are considered. In the framework of the study, the author positions the financial system itself as an object of financial and legal regulation as an integral entity with the function of distributing national income and forming public finances. As part of the conclusions of the study, it was found that there was a significant change in economic relations at the turn of the 19th–20th and 20th–21st centuries, primarily due to changes in the processes of distribution and redistribution of financial and credit resources within the financial and credit system of the state, i.e. the distribution mechanism itself. It requires careful analysis and consideration of the factor when considering issues related to defining the boundaries of modern financial law, the essence of which is aimed at the legal regulation of this mechanism.



Effectiveness of the judicial system in resolving ethnic conflicts
Abstract
The problem of insufficient legal regulation in the field of migration is considered. The purpose of the study is to develop a concept for reducing interethnic tension in the region using the example of St. Petersburg, which can serve as a determinant of its socio-economic development. The key role of judicial authorities in the settlement and management of ethnic conflicts is substantiated. It is concluded that the competent implementation of national policy is possible with an increase in the effectiveness of the court, ensuring its independence and independence in resolving ethnic conflicts.



Social insurance in the system of social protection of population: state and prospects of development
Abstract
The study attempts to analyze social insurance in the system of social protection of population. The Constitution of the Russian Federation defines that Russia is a welfare state, therefore, one of the forms of social support for the country’s population may be state-created technologies, methods and techniques of social insurance as an economic institution based on the property interests of citizens. Social insurance is associated with reducing the level of social risks for the working population in cases defined by law and related to social reality in the context of compensation for the occurrence of an insured event. This is one of the most important forms of government support for the population in difficult circumstances that citizens may experience for various reasons. The purpose of the study is to analyze the state of social insurance in the Russian Federation as a socio-legal and economic institution, methods and ways of its implementation and development prospects in the context of social protection of population. The methods of scientific research are a set of scientific methods of cognition of social processes of both a general scientific and sociological nature. Methods of structural and functional analysis and diagnostics of social processes were applied to determine the consistency and integrity of the study. In addition, general logical methods were used in the work: analysis, synthesis, generalization, comparison. The tasks of applied sociological research have necessitated the use of such methods as observation, document analysis, and design. The practical significance of the study lies in the fact that its content and results, main generalizations and conclusions contribute to a deeper understanding of the specifics of social insurance in Russia, its further improvement, solving problems of informing citizens, and the results of the analysis may be of interest for the practical activities of social management bodies. Thus, the existing social insurance system is aimed at increasing and improving the quality of life of the population of the state. And in the current economic situation, it requires improvement and further development.



Concept of legal practice in the legal implementation mechanism
Abstract
The concept and essence of legal practice in the aspect of its importance in the mechanism of legal implementation are investigated. Various approaches to understanding legal practice are presented, and an assessment of the viability of each of these approaches is given. In the course of using analytical and generalization methods, it was concluded that the legal nature of the practice of law is based on two components: active legal activity on the implementation of regulatory requirements and accumulated legal experience, which is the basis for further analytical activities. In the course of considering the essence of legal practice from the perspective of the mechanism of legal realization, it was concluded that there are a number of distinctive features that it is endowed with during the implementation of law. Each feature is given a legal assessment and its implementation in the legal implementation mechanism is determined. As a result, the research concluded that the concept of legal practice in the perspective of the mechanism of legal implementation is based on legal activity (action, operations), where the implementation of law is combined with legal activity (operations), which sets the tone for the interaction of the element and the system. Besides, in the course of the study, a socially oriented focus of legal practice was identified, which is designed, by implementing legal regulations, to accumulate a sufficient amount of information that, when analyzed and summarized, can form a legal experience that is subject to awareness. Within the framework of understanding this experience, several issues can be solved at once: correlation of normative regulations with each other, identification of their real and potential “weaknesses”, assessment of the effectiveness of the legal impact on real legal relations and, having identified shortcomings and deviations, improvement of the legal framework for an effective sustainable process of development of the mechanism of legal implementation.



Issues of Private and Public Law
“Sacredness of contract” – a historic and fundamental source of continental civil law
Abstract
Considerations on the fundamental civil law principle “contracts must be respected” are given. The well-known exceptions that have come to us under the influence of foreign doctrine threaten its stability. Tracing its development since the time of the extraordinary processes in the Roman Empire, the author writes about the main significance of this clause. In the legislation and judicial practice of medieval Europe, the Russian Empire, the Soviet Union, and the modern code, circumstances determined the different content of this principle. The article describes its meaning, constraints, and suggestions for its improvement. The principles of civil law contracts, laid down in the basis of the organization and development of contractual work, are analyzed, their effect over time is assessed with the disclosure of a positive potential for legal reality. An assessment of the concept of obligations dependence on the validity of the contract has been carried out, in which a fixed-term contract is terminated, and the obligations generated by it, but not fulfilled, continue (Article 425 of the Civil Code of the Russian Federation), any other interruption of multilateral relations terminates the performance requirements.



Limits of acceptable use of reproduction of museum objects and museum collections
Abstract
The purpose of the research is to define the boundaries of the acceptable use of reproductions of museum objects and museum collections from the point of view of museum legislation and legislation in the field of copy-
right. The method of comparative analysis of the legal regimes of works of art and museum objects and museum collections was the key research method used to identify the problem related to the boundaries of the acceptable use of reproduction of images of cultural values. The analysis of the ways of using copyright objects, namely reproduction and remake with reproduction as a way of using images of museum objects and collections, is carried out. The method of analogy was also used to identify the possibilities of introducing homage as a new method of use. Based on the results of the study, it was concluded that the concept of “reproduction” from museum legislation is not identical to a similar method of using copyright objects, since reproduction of a museum object and a museum collection additionally implies remake. In addition, homage cannot be a new way for the free use of works of art, since this artistic technique affects not only the exclusive right to the work, but also the personal non-property right of the author – the right to inviolability. The theoretical and practical significance of the work lies in the disclosure of the concepts of “reproduction” and “remake” both from the point of view of copyright legislation and museum legislation, as well as using examples of museum objects and museum collections to analyze the use of homage in the creation of works of art, on the basis of which it is concluded that this artistic technique can not be the basis for the free use of the works.



The role of artificial intelligence technologies in the administration of justice: legal, moral and ethical aspects
Abstract
The relevance of the problem under consideration lies in the fact that at present, the successful integration of artificial intelligence technology into judicial activities requires the joint efforts of experts in the information and communication field, lawyers, specialists in the application of moral and ethical norms and society as a whole, which underlines the special importance of research in this area in the field of jurisprudence. The purpose of the study is to consider the moral, ethical and legal aspects of the possibility of using artificial intelligence in the administration of justice. Such general scientific methods as the analysis of special literature and regulatory legal acts on the research problem, the method of modeling and system structuring are used. In the context of the progressive digitalization of the legal sphere, a number of fundamental questions arise regarding the prospects for the preservation and functioning of the moral and ethical component and subjective evaluation criteria in the framework of legal proceedings. A comprehensive all-encompassing analysis of the effectiveness, safety, transparency of the legal and moral and ethical aspects of the use of artificial intelligence technology in the administration of justice has been carried out. The elements of electronic justice that take place in Russian courts, as well as international experience in the use of artificial intelligence technology, are analyzed. The prospects and risks of using artificial intelligence technology in law are studied. The use of artificial intelligence technology in legal proceedings can lead to profound changes in the legal system, which will require a thorough analysis and, possibly, revision of legal norms, taking into account new technologies and the need to preserve the basic guarantees of justice. Conclusions are drawn about the importance of further systematization of research to identify the problems of using artificial intelligence in the field of justice and the regulation of legal aspects of the use of technology in the legal field.



Natural attractions as specially protected natural areas of local importance: theory and practice
Abstract
The regional legislation of the Russian Federation, which provides for the existence of natural attractions as a category of specially protected areas of local significance, is analyzed. It is established that only six subjects of the Russian Federation (the Republic of Dagestan, the Republic of Crimea, the Republic of North Ossetia – Alania, Krasnodar Krai, Volgograd Oblast and Kemerovo Oblast – Kuzbass) provide for such a category of specially protected natural areas of local significance as natural attractions. It is established that the laws of the six named subjects contain definitions of natural attractions, as well as a number of other norms concerning them. It is concluded that, in general, the regulatory framework in the field of natural attractions is sufficiently developed for its successful implementation in practice. However, in reality, only in Krasnodar Krai do natural attractions actually exist. Moreover, at present, only five of them are functioning. The reasons for the low demand for natural attractions as a category of specially protected areas of local significance are seen in the fact that local governments in the Russian Federation as a whole do not seek to create specially protected areas of local significance, and also in the fact that what the regional legislator understands by natural attractions largely coincides with the understanding of natural monuments in the federal law “On specially protected natural areas”.



Problems of restricting the rights and freedoms of foreign citizens in the constituent entities of the Russian Federation
Abstract
The analysis of the problems of legal regulation of restrictions on the rights of foreign citizens by normative act of the heads of the constituent entities of the Russian Federation is carried out. In recent years, a number of constituent entities of the Russian Federation have adopted acts restricting the employment of foreign citizens in certain areas, despite the fact that articles 55 and 62 of the Constitution of the Russian Federation provide for restrictions on rights and freedoms only by federal law. In this regard, the purpose of the study is to clarify the constitutionality of these restrictions at the level of the constituent entities of the Russian Federation. To achieve this goal, the tasks of analyzing the norms of the Constitution of the Russian Federation, federal and regional legislation were solved using general scientific and special legal research methods. The main conclusions are the establishment of a framework for certain norms of federal legislation and the presence of indirect restrictions on the rights of foreign citizens through the introduction of bans on their employment by business entities, which, from a formal and legal point of view, does not contradict the Constitution of the Russian Federation. The theoretical conclusions of the study can be used in the development of regulatory and legal regulation in similar areas of application related to the restriction of citizens’ rights.



Current Issues of Criminal Legal Sciences
Current issues of investigating money laundering and legalization of other property acquired by illegal means
Abstract
Money laundering and legalization of other property acquired by illegal means is a complex and multidimensional criminal behavior that has not only selfish goals in the form of profit making, but also implies a certain involvement in this functioning of various subjects of law, which significantly complicates the process of identifying and investigating the above–mentioned acts. Despite the fact that investigative practice pays close attention to the specifics of the organization and production of investigative actions within the framework of the stated issues, the evolution of criminal schemes far outpaces investigative capabilities. In this context, it is of fundamental importance to increase the effectiveness of investigators in the process of investigating money laundering and legalization of other property acquired illegally. Within the framework of the presented research, the existing practical approaches that have become widespread in investigative practice are analyzed. The relevance of conducting various types of examinations is noted due to the effectiveness and volume of the evidentiary information obtained.



Current state of the fight against smuggling crimes
Abstract
For several decades, smuggling crimes have remained a serious threat to economic security and stability, which has an impact on the development of both internal government processes and the building of strong international relations. It is noted that smuggling is a complex phenomenon of the shadow economy, the control and prevention of which fall within the competence of a number of law enforcement agencies. The types of contraband are considered. Statistical data and practical examples are presented. Conclusions are drawn and suggestions are given on countering contraband manifestations. An analysis of the legislative provisions on smuggling makes it possible to establish that such issues are problematic and largely debatable in the framework of legal doctrine and law enforcement, which confirms the relevance of the presented topic.



Classification of transport crimes: analysis of controversial cases of separation from related offences and administrative responsibility
Abstract
The article reveals current problems of the qualification of transport crimes, due to their specificity and diversity, which often causes difficulties in law enforcement. Special attention is paid to distinguishing transport crimes from related offences provided for by the Criminal Code of the Russian Federation and administrative offences, the responsibility for which is enshrined in the Code of Administrative Offences of the Russian Federation. In addition, this article analyzes criteria that assist in distinguishing transport crimes from administrative offenses, as well as differentiating between different types of transport crimes. This analysis is based on specific examples illustrating controversial situations related to violations of Traffic Regulations and the rules of operation of various vehicles. Criminalization, which is mentioned in the article, is a process when acts previously considered administrative offenses become criminal offenses. This happens when certain conditions appear that indicate a significant increase in the public danger of such acts. The results of the analysis become the basis for recommendations aimed at improving law enforcement practices and clarifying legislative norms that consolidate responsibility for violations of legislation in the field of vehicle operation. The development and implementation of scientifically based recommendations contributes to the full implementation of the principles of uniformity and fairness in the application of criminal and administrative legislation in the field of the use and operation of vehicles.



Some problems of qualification of actions of officials who have committed crimes infringing on the rights of orphaned children and children left without parental care to provide comfortable living quarters under Part 2 of Article 315 of the Criminal Code of the Russian Federation
Abstract
The relevance of the study is due to the significant number of orphans and children left without parental care, who are not provided with comfortable residential premises, despite the existence of court decisions that have entered into force, which until recently were considered as an alternative way to reduce the waiting time for housing. In many regions of the Russian Federation, orphans who have court decisions form a parallel queue with other orphans on the list. So, out of almost 22 thousand orphans who received housing in 2023 (financing of 2023), over 9.6 thousand were secured on the basis of court decisions. Thus, as of January 1, 2022, the number of orphans and children left without parental care who have outstanding court decisions on providing them with housing exceeded 35.6 thousand, as of January 1, 2023 it was over 34.1 thousand, and as of January 1, 2024 – about 28.7 thousand. Despite the clear downward trend, court decisions entered into force for almost 7300 orphans in 2023. Given the significant number of criminal cases on the facts of not providing orphaned children with housing, the purpose of the research is to study the need to apply, in addition to the main component of the criminal act, charges against persons involved in the commission of crimes under Part 2 of Article 315 of the Criminal Code of the Russian Federation regarding the failure to comply with court decisions that have entered into force. The existing judicial practice is analyzed, and a set of measures is being developed to prevent investigative errors that lead to negative consequences. In addition, an assessment is given of the need to involve individuals in additional criminal structures.



Overviews, Reviews, Analytics
Legal science through the eyes of young researchers: reflections on student science (based on the results of the Fifth All-Russian Scientific Conference of Cadets, Students, Adjuncts, Post-Graduate Students and Applicants “Current issues of legal science through the eyes of young researchers”)
Abstract
A brief overview of the Fifth All-Russian Scientific Conference of Cadets, Students, Adjuncts, Postgraduate Students and Applicants “Current issues of legal science through the eyes of young researchers”, held at the Academy of the Federal Penitentiary Service of Russia in Ryazan on February 6, 2025, is presented. The main directions of the conference are considered and its goals are noted. Statistical indicators characterizing the dynamics of the conference’s development over five years, starting in 2021, are presented. Such trends in the development of this scientific and representative event as a constant increase in the number of conference participants; expansion of the geography and number of educational organizations represented; annual increase in the volume of collections of scientific papers published following the results of the conference edited by Vera A. Ilyukhina are highlighted. Some of the author’s reflections on student science, formulated following the results of the conference, are presented.



Historical and Legal Science: trends and prospects (overview and review of the Historical and Legal Yearbook – 2023 of the Association of Legal Historians)
Abstract
Historical and Legal Yearbook of the Association of Legal Historians for the year 2023 is analyzes. Yearbook is a specialized scientific and legal publication, on the pages of which the studies on the fundamental and current legal trends of leading Russian scientists are placed. The second issue of the Historical and Legal Yearbook – 2023 traditionally placed on its pages the studies of leading Russian scientists on fundamental and priority areas of development of historical and legal science, as well as related issues. The key objective of the preparation of this collective work was to comprehend historical and legal processes and phenomena at the modern level, to preserve legal heritage and protect historical memory, to develop a concept for the protection of historical truth, as well as to develop, disseminate and popularize reliable scientifically grounded historical and legal scientific knowledge. A special topic of the Historical and Legal Yearbook – 2023 was the manuscript of S.V. Yushkov on “Laws of Tauke Khan (Zheti Zhargy)”. The peer-reviewed edition has become a comfortable platform for accumulation of efforts of scientific, practice-oriented and expert community in the field of historical and legal scientific thought for the benefit of solving modern problems of socio-humanitarian knowledge, where special attention is paid to the reliability of interpretation, elucidation and explanation of past events from the position of law.


