Vol 8, No 1 (2025)

environmental protection is becoming increasingly important every year and is currently one of the key areas of government policy. Criminal law plays an important role in this process, the task of which is to prevent the most dangerous actions that violate the ecological balance and cause significant harm to the environment. However, despite the development of legislation in the field of environmental crimes, in practice there are a number of problems that make it difficult to effectively combat environmental offenses. In this article, these problems will be discussed and possible solutions will be proposed.

the aim of this study is to analyze the pressing issues surrounding the implementation of the principle of adversarial proceedings in courts of first instance within the framework of Russian criminal procedure. The objectives of the research include examining the current legislation governing the process of evidence examination and evaluation, identifying gaps and inconsistencies in legal regulation, and developing proposals for improving legislation and law enforcement practices. The practical significance of this research lies in the fact that the proposed legislative amendments and recommendations can be utilized to enhance the provisions of the Russian Criminal Procedure Code (CPC), strengthen the guarantees of participants' rights, and ensure the fairness of judicial decisions. The study will be of value to lawmakers, legal practitioners, attorneys, and judges, as well as serve as a resource in the development of methodological guidelines and the education of law students. This work focuses on analyzing the challenges of implementing the principle of adversarial proceedings in courts of first instance, as enshrined in Article 15 of the Criminal Procedure Code of the Russian Federation. The principle of adversariality serves as one of the key guarantees of a fair trial, yet its practical application faces several obstacles. Issues such as the possibility of adjudicating a case without the defendant’s participation, restricted access to case materials, difficulties in examining the testimony of victims and witnesses, the inequality of resources between the parties, and the repeated involvement of judges in the consideration of cases are addressed. The author proposes solutions to these issues, including legislative improvements, ensuring equal access to evidence for both parties, creating mechanisms for independent expert examinations, strengthening the system of state legal assistance, and implementing modern technologies to enhance transparency and efficiency in judicial proceedings. Particular attention is given to analyzing international standards and the experiences of foreign legal systems, allowing the identification of best practices for adaptation into domestic legislation. The study is aimed at developing a comprehensive approach to ensuring the implementation of the principle of adversariality, which is a critical condition for achieving justice, protecting the rights of the parties involved, and building trust in the judicial system. The necessity of combining normative reforms with the improvement of law enforcement practices is emphasized.

at the beginning of this article, the importance of studying the mechanism of determination of recidivism is revealed. It is noted that the circumstances in which the impact of punishment on a person for previously committed crimes proved to be insufficient extend to specific cases of recidivism and may not be determinants of recidivism in general. The division of the factors that give rise to recidivism into causes and conditions is criticized, as they can often change places. An argument is given in favor of using the term determinants of recidivism in the scientific literature, as it more fully reflects everything that leads to the emergence and existence of recidivism. It is pointed out that it is difficult to uncover the determination of recidivism due to the large number of types of recidivism. It is proved that general social factors influence recidivism only through certain specific determinants that directly generate this type of crime. It is argued that the determination of recidivism cannot be revealed by identifying political, legal, economic, social and other factors, as this only indicates the nature of the determining circumstances, and not their nature and specific content. The main provisions of the process of determining recidivism are revealed. These include: a) the futility of dividing the determinants of crime into causes and conditions; b) the description of the determinants of recidivism should not be limited to indicating only their nature.; c) not all the factors involved in the generation of recidivism have a direct impact on it; d) it is almost impossible to establish an exhaustive list of determinants of recidivism due to their diversity; e) each specific recidivism will have its own individual set of determinants; f) the determinants of recidivism have a multilevel organization; g) the determination of recidivism They include not only cause-and-effect, but also many other relationships: functional, statistical, etc. It is noted that recidivism is generated by the interaction of the personality of a repeat offender with a certain criminogenic situation. At the same time, the criminogenic situation involved in the determination of recidivism is characterized by two factors: prevalence in practice and the significant impact on the development of a causal relationship. The specific criminogenic factors involved in the determination of recidivism are listed and disclosed. In conclusion, a general conclusion is drawn regarding the need to study the causes and conditions of recidivism in order to counteract it.

residential premises as an object can be viewed from different angles. It is not only a place to live, but also a legal category. It was the law that gradually formed such an understanding of this object, which could fully satisfy the vital needs of a person in high-quality housing. Housing legislation contains in its norms a concept formulated by the legislator, which includes a number of fundamental features. One of them is a sign of isolation of the living space. The article is devoted to the study of the sign of isolation of residential premises as a key criterion of its legal status. The theoretical foundations of this feature are considered, its practical manifestations in the field of housing legislation, judicial practice and law enforcement are analyzed. Special attention is paid to modern problems and ways to eliminate them.

the article is devoted to a theoretical and practical analysis of the criterion established by clause 4 of Article 181.4 of the Civil Code of the Russian Federation for a member of a corporation challenging a decision of the meeting to be able to influence the decision as a prerequisite for the satisfaction of such claims. The article provides an analysis of practical examples of the application of such a criterion, the results of which state the lack of certainty in the content of such a criterion. The author substantiates the thesis that the criterion of being able to influence the decisions of the meeting is not inherently linear and does not depend solely on the number of votes of a corporation participant, since it may be determined by other factors. At the end of the analysis, the paper formulates proposals for improving current law enforcement practice.

the article is devoted to the analysis of the evolution of the constitutional right to education in the Russian Federation. Particular attention is paid to understanding the changes in legislation that reflect the dynamics of public relations in the field of education and their correlation with constitutional norms. The purpose of the study is to study the processes of formation and development of the constitutional right to education in the Russian Federation, as well as to identify key trends and directions of legislative changes in this area. To achieve this goal, various scientific methods were used: historical and legal analysis, systematic and comparative methods, analysis of law enforcement practice and a review of regulatory legal acts regulating educational relations. The study revealed significant changes in the legislative regulation of the right to education, starting with the adoption of the Constitution of the Russian Federation in 1993 and up to the latest amendments to the relevant legislative acts. Not only the positive aspects of these changes were highlighted, but also some problematic issues requiring further improvement. Based on the analysis, it was concluded that the development of the constitutional right to education in the Russian Federation is gradual and comprehensive. Particular attention was paid to strengthening guarantees of accessibility and quality of education, as well as taking into account changes in the socio-economic and cultural conditions of the country. The need to continue work on improving legislation to ensure full compliance with the Constitution of the Russian Federation and international obligations in the field of human rights to education is emphasized.

the article examines the formation of the institution of prosecution as an accused in the United States of America with the aim of comparative legal analysis with the institution of prosecution as an accused in the Russian Federation and the development of proposals on the possibility of changing the modern criminal procedure legislation of the Russian Federation in terms of bringing charges by analogy with the procedure for bringing charges in the United States. The paper analyzes the sources of US criminal procedure law in their historical development, the causes and conditions of the formation of modern criminal justice. To achieve the purpose of this study, the objectives are to analyze the sources of US criminal procedure law, the provisions on the procedure for bringing an accused and bringing charges, and based on it, to consider the option of changing the criminal procedure legislation of Russia in terms of bringing as an accused.

the authors conduct a comparative analysis of the provisions of family law, Russian and French legal theories and practices, identifying gaps in the current Russian legislation and law enforcement practice, and formulating proposals for their elimination, including by borrowing ideas from foreign legislation.

the article considers the problem of determining the purpose of goods transported by individuals across the customs border of the Eurasian Economic Union (EAEU) in the context of the lack of clear legal definitions of the concepts of "family" and "family members" in the Customs Code of the EAEU. Insufficient elaboration of terminology leads to legal uncertainty in the classification of personal goods, which complicates law enforcement practice and can become the basis for administrative disputes. The author analyzes existing approaches to solving this problem, including attempts to fill the legal gap by referring to the norms of family legislation of the Russian Federation. The possibility of using definitions from the Family Code of the Russian Federation and other regulations is considered, but difficulties associated with the difference in industry regulation and the multiplicity of interpretations of the concepts of "family" and "family members" in different legal spheres are revealed. Based on the analysis, solutions are proposed, including making appropriate changes to the Customs Code of the EAEU. Particular attention is paid to law enforcement practice, statistical data on administrative cases and their dynamics, as well as the impact of identified problems on the efficiency of customs authorities and the level of public trust.

the implementation of the basic principles of the Constitution of our country attracts the attention of many specialists who believe that they serve as the cornerstone in the creation of a national legal structure and set the direction in defining basic legal ideals for all legal spheres. Constitutional values mean the key ideas and directions that form the basis of our statehood. These ideas serve as the main indicators of the country’s legal and national strategy, occupying a major place in the system of ideals of the state and population. The main source of constitutional principles are social ideals that personify the interaction of a citizen, society and government. The Russian Constitution transforms these ideals into legal values enshrined in law. At the same time, one of the most important constitutional values of Russia is the right to education. Education is a unique field in which people, society and the state work together to convey not only educational material, but also a way of perceiving the world and the historical memory of the nation. The object of the study is the right to education of citizens of the Russian Federation. The purpose of the study is a comprehensive description of the concept of the right to education in the system of constitutional values of Russia. Research methods – documentary method, general scientific methods (analysis, synthesis, generalization), comparative legal, logical and legal. The scientific novelty of the study lies in the generalization of approaches to the concept and meaning of the right to education in the system of constitutional values of the Russian Federation.

the article is devoted to the analysis of the specifics of the participation of legal entities in land relations. Based on the analysis of scientific literature, legislation and judicial practice, the author identifies the main features peculiar to legal entities as subjects of land legal relations. In particular, the author substantiates that, along with the general rule on the participation of legal entities in land relations on an equal basis with other entities, the participation of legal entities in land relations presupposes their specific characteristics. Thus, analyzing the identified features, the author substantiates the factors (criteria) of their presence, suggesting their systematization by groups. In particular, the author substantiates that some features of the participation of legal entities in land relations are related to their formal status as a legal entity, which implies the possibility of acquiring certain exclusive rights (for example, the status of a developer) or the possibility of establishing links with other entities that are not typical for other participants in legal relations (for example, the participation of foreign residents in the authorized capital of a legal entity or its foreign origin). Finally, the author substantiates that the specifics of the participation of legal entities in land relations may also be determined by the specifics of their type of activity, which is also, based on the principle of special legal capacity, the specifics of the participation of legal entities in relations regulated by land law.

in modern conditions, the correctness of the election of preventive measures by the courts depends not only on the effectiveness of criminal proceedings, but also on the attitude of citizens to the Russian justice system. At the same time, the problems associated with the choice of house arrest as a preventive measure, which, along with detention, is a measure restricting a person's right to freedom of movement, but more "soft" in terms of its application, are becoming particularly relevant. Despite the existence of this more "mild" preventive measure in the norms of current legislation, its application is associated with a number of practical problems. Firstly, there is a formal approach of the preliminary investigation bodies, laying down unsubstantiated assumptions about whether the accused (suspect) has the opportunity to commit one of the actions listed in Article 97 of the Code of Criminal Procedure of the Russian Federation and not providing the court with sufficient information about the identity of the person in respect of whom a preventive measure is being chosen. Secondly, it is important to note the problem of misinterpretation of the provisions of Article 107 of the Criminal Procedure Code of the Russian Federation on the application of house arrest, which leads to the establishment in court decisions of more loyal conditions for serving house arrest than provided for by the norms of Russian legislation. In these conditions, the solution to the problem can only be the development of legislative provisions that clearly regulate both the procedure for making a decision by the courts on the election of house arrest and the mechanism for its serving by the accused (suspects) of committing an illegal act. However, the development of appropriate legislative provisions requires additional scientific research.