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No 3 (2025)

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Theoretical and historical legal studies

The Reform of the Local Court in Russia at the Beginning of the ХХ Century

Terentev R.V.

Abstract

The article analyzes the implementation of the reform of the local court in Russia, which began with the adoption of the law on June 15, 1912. The undertaken research is aimed at testing the hypothesis that the compromise and contradictory nature of the bill that has entered into force will have a significant impact on the process of implementing its norms.
In the course of the research, through the use of methods of historical analysis, formal legal, comparative legal, general scientific research methods, the peculiarities of the process of implementing the provisions of the draft law were revealed, confirming the compromise and contradictory nature of the reform. A brief outline of the history of the local court in the period from 1914 to 1917 is given. Attention is paid to the characterization of the volost court as a class institution that did not meet the needs of the judicial system of that time. Conclusions are drawn about the incomplete nature of the reform of the local court in Russia at the beginning of the twentieth century, about the untapped opportunities for improving the judicial system.

Rossijskoe pravosudie. 2025;(3):5-13
pages 5-13 views

Public law (state law) studies

Principles of Protection of the Rights of Insurance Premium Payers and Insured Persons: Features of Legal Regulation and Practice of Implementation

Bit-Shabo I.V.

Abstract

A high level of social protection of persons involved in various economic processes is a basic indicator of the development of any modern state. Achieving such a level is seen as possible only if sufficient funding is provided for the entire social sphere, including pension, social and medical support. Possible violations of the norms regulating public relations in these areas are overcome with the help of various tools, including through an effective system for protecting the rights of insurance premium payers and insured persons, where principles and the need for their strict implementation play a leading role.
The methodological basis was formed by a set of general scientific and private scientific methods based on the dialectical theory of cognition and focused on achieving the set research goal, which is to form a system of principles for the protection of insurance payers and insured persons, as well as to propose directions for reforming the current legislation that enshrines the principles of such protection.
The article examined the provisions of the current legislation regulating the basics and procedural features of protecting the rights of insurance premium payers and insured persons, formulated the principles of such protection, and analyzed examples of their implementation. The author’s attention was also paid to the specifics of the implementation of the principles of protection of payers’ rights in foreign legislation (Denmark, Kazakhstan).
The conclusion is substantiated that it is necessary to legislate in the Tax Code of the Russian Federation a system of principles for the protection of the rights of payers of insurance premiums and insured persons in order to increase the effectiveness of their implementation.

Rossijskoe pravosudie. 2025;(3):14-21
pages 14-21 views

The Role of the Supreme Judicial Authority in Preventing Threats to National Security in the Field of Cyberbullying

Pashnina T.V., Vinokurova M.A.

Abstract

The article notes the increasing influence of digital technologies on the life of a modern person. Based on the data of statistical, sociological studies, as well as analytical publications in Internet sources of free access, the negative trends of the last decade related to the increasing threats to personal information security in the Internet space, demonstrating an increasing trend every year, are revealed.
The purpose of the study is to comprehensively analyze the problem of cyberbullying in the context of national security, substantiate the role of higher courts in countering negative Internet practices that pose a particular danger to the physical and mental health of minors, as well as develop proposals to improve the mechanism of legal and individual regulation of issues of countering negative Internet practices and various forms of aggressive behavior in cyberspace.
The need to achieve the stated goal led to the formulation and solution of the following scientific tasks: the study of the causes, essence and types of cyber aggression; identification of the main features of cyberbullying that distinguish it from other types of cyber aggression; disclosure of the directions of state legal policy in the field of combating cyberbullying; an analytical review of the legal positions of the country’s highest judicial body on bringing to justice for cyberbullying; development of practical proposals to improve the legal means of combating cyberbullying.
The methodological basis of the research was, first of all, the method of system analysis, as well as a set of general scientific and scientific methods of cognition, including special legal, statistical and sociological methods.
According to the results of the study, it is substantiated that the fight against cyberbullying is a private manifestation of the neutralization of threats to personal information security in the digital environment, which necessitates the consideration of state policy on countering cyber aggression in the context of the general policy of ensuring national security in the information sphere.
The conclusion is made about the special contribution of the Supreme Court of the Russian Federation in the development of effective mechanisms to counter aggression in cyberspace.

Rossijskoe pravosudie. 2025;(3):22-32
pages 22-32 views

Territorial Jurisdiction of Cases on Complaints Against Acts of Bringing to Administrative Responsibility Issued by Officials

Smolyakov P.N.

Abstract

This article is devoted to some important issues of territorial jurisdiction of the complaints against decisions of state officials made in cases of administrative offenses. Based on an interpretation of the Plenum of the Supreme Court of the Russian Federation, previously such cases were reviewed where the relevant administrative offense was committed. However, not so long ago, the case-law took a dramatic turnaround – they began to be reviewed at the location of the state body whose official issued a decision in a case of an administrative offense or a decision of a higher official on a complaint against him. An exception is made for those administrative offenses that are detected by special technical means operating automatically. However, at the same time neither the Code of Administrative Offences of the Russian Federation itself nor the interpretation have changed. A similar situation arises with the jurisdiction of complaints against officials’ decisions to refuse to initiate cases of administrative offenses. 
So attention is drawn to the fact that the emerging case-law most likely requires adjustments to the above-mentioned interpretation, and may also threaten the reversals on a formal basis of many previously issued rulings and decisions in similar cases, since the procedural legislation does not set the time limits for their cassation appeal, including – on the argument about violation of the rules of territorial jurisdiction. Speaking further, the possibility of a sharp increase in the workload of the cases of administrative offenses in a number of district (city) courts cannot be ruled out, if one takes into account the fact that in the centers of the constituent entities of the Russian Federation, the majority of government bodies are usually concentrated in one specific administrative district.

Rossijskoe pravosudie. 2025;(3):33-39
pages 33-39 views

Private law (civil law) studies

Class Litigation in Sweden

Sutormin N.A.

Abstract

The article is dedicated to group action and group proceedings in Sweden. This country is rather unique in that it was among the first countries of continental law that introduced group action. As a result Sweden model of group litigation received traits of equally continental law and common law. The research begins with the history of enactment of law on group proceedings in Sweden, discusses the amendments to the law, circulating in Swedish society. Then the author touches the legal scope of current law on group proceedings and classification of group actions, provided in Swedish law. Also the author raises the following questions: special preconditions for group proceedings and Swedish approach to the formation of the group, characterized by choosing opt-in model, because it is very popular in Europe. In the article Swedish approach to fee agreements is analyzed, special attention is devoted to risk agreements as an example of successful achievement of Swedish law. The author concludes that this approach is useful to introduce into Russian law.

Rossijskoe pravosudie. 2025;(3):40-49
pages 40-49 views

Criminal law studies

Anti-Legalisation Prevention and Responsibility of Gatekeepers

Aryamov A.A.

Abstract

The international level of countering the legalization of proceeds from crime is a developed segment of anti-corruption policy on a global scale, in which an intergovernmental body such as the Financial Action Task Force (FATF) plays an essential role. His role in the organization of control over the activities of financial authorities and credit institutions, as well as in the methodological support of the construction of compliance in private sector organizations, is well known. However, in recent years, the FATF’s activities have increasingly focused on the control of persons who are not financial entities. Recently, such a concept as a “gatekeeper” has been introduced into legal circulation. 
This work is devoted to a critical analysis of the legal regulation of the activities of international organizations in the field of countering the laundering of criminal assets. The author aims to determine the limits of the admissibility of the implementation of the FATF recommendations in the national legal space. 

Rossijskoe pravosudie. 2025;(3):50-59
pages 50-59 views

Procedural Errors Committed by the Court in the Preparatory Part of the Court Session, Which Served as the Basis for the Cancellation of the Court Decision

Barygina A.A.

Abstract

The procedure for conducting the preparatory part of the trial, regulated by Chapter 36 of the Code of Criminal Procedure of the Russian Federation, does not cause most judges and practitioners to question the specifics of its conduct. The Criminal Procedure Law accurately and concisely sets out the requirements for conducting procedural actions at this stage of the trial. However, the study of court decisions shows that a number of errors made by the court in the preparatory part of the trial are significant, which as a result leads to the cancellation of both sentences and rulings/rulings that have entered into force and have not entered into force. In this regard, it is necessary to know the types of procedural errors, as well as the legal nature and causes of their occurrence in order to improve the quality of the administration of justice. 
The objective of the study is to identify and systematize judicial errors that are the reason for the cancellation of court decisions and are regarded by the court as significant, committed during the consideration of criminal cases in the preparatory part of the trial, as well as to determine the legal nature and causes of their occurrence in order to improve the quality of the administration of justice.
The subject of the study is the norms of criminal procedure legislation, as well as court rulings and rulings issued based on the results of the appeal and cassation review of decisions of lower courts, both those that have entered into force and those that have not entered into force. The object of the study is public relations related to the verification of the legality of decisions made by the courts of first and appellate instance in terms of compliance with the procedure established by current legislation in the preparatory part of the trial. The study used methods of systematization and analysis of court decisions, logical justification of the results achieved. 
The author came to the conclusion that the requirements for declaring the composition of the court in the broad meaning of the term, clarification of the right to challenge with the opportunity to express their position, clarification of the full or partial range of rights to participants in the trial, attributed to the prosecution or defense, is unconditional. Violation of the above rights in whole or in part is the basis for the cancellation of a court decision in connection with the application of pt. 1 of Art. 389.1 of the Code of Criminal Procedure of the Russian Federation. Monitoring the decisions of the courts of first instance, as well as bringing to the attention of the legal positions of the courts of higher instance, will improve the quality of the administration of justice.

Rossijskoe pravosudie. 2025;(3):60-68
pages 60-68 views

Problems of the Legal Status of the Representative of the Injured Legal Entity in Criminal Proceedings

Bushkov D.V., Kapitsa V.S., Kapitsa T.A.

Abstract

The study seems relevant, since the issue of procedural conflicts associated with recording the testimony of a representative of an injured legal entity is quite controversial and arousing interest. The question of the status of the representative of the injured legal entity participating in the legal proceedings is problematic due to the fact that the representative of the injured legal entity is authorized to exercise the rights of the victim, without actually being one. Thus, the representative of the injured legal entity does not fully have the latter’s subjectivity. The purpose of the study is to establish, in the course of the study, the problematic aspects of the legal status of the representative of the injured legal entity in criminal proceedings. To ensure the achievement of the objectives of the study, the tasks of a comprehensive analysis of the current criminal procedural legislation and judicial practice, an in-depth study of the norms and rules governing the procedure for the participation of a representative of an injured legal entity in criminal proceedings are solved. 
Based on general scientific and special scientific methods used in this study, procedural conflicts and practice were analyzed, issues requiring legal solutions were identified, and measures aimed at improving the current legislation were proposed. The results of the study indicate the need to resolve problematic issues by making some changes to the norms of criminal procedural legislation and the criminal procedure.

Rossijskoe pravosudie. 2025;(3):69-75
pages 69-75 views

Court Ruling on the Application of Coercive Measures of a Medical Nature

Zagorsky G.I.

Abstract

Criminal procedural science recognizes various grounds for the application of compulsory medical measures, but at the same time there is no clear understanding of their use for differentiating decisions taken on the application of such measures, as well as the content of such decisions and the requirements imposed on them.
The purpose of the work were to clarify theoretical knowledge about the content of such decisions in criminal procedure science and to propose practical recommendations aimed at improving the regulatory framework and practice of their issuance by courts. The objectives of the study were: division into categories of persons in respect of whom the decisions in question are adopted, determination of the grounds for their issuance, establishment of the specifics of the subject of proof when adopting such decisions, as well as disclosure of the relationship between the selected compulsory medical measures and a specific person.
The study used the dialectical method of cognition and various general scientific and specific scientific methods based on it are applied, namely formal-logical, logical, analysis, synthesis, induction, deduction, systemic.
Two categories of persons in respect of whom decisions on the application of coercive measures of medical nature are taken are defined, individual circumstances to be proved for each category are established, and the connection between the types of coercive measures of medical nature and a particular person is disclosed. On this basis, it is proposed to divide the decisions made by the court into two types, depending on whether the person committed a socially dangerous act prohibited by law in a state of insanity or whether the person, after committing the crime, developed a mental disorder that makes it impossible to assign a punishment and execute it.
A discrepancy between the wording of the provisions of pt. 1 of Art. 443 of the Criminal Procedure Code of the Russian Federation and pt. 1 of Art. 21 of the Criminal Code of the Russian Federation was established, as a result of which measures were proposed to normatively eliminate this contradiction. The individual content of the requirements for the legality, validity and motivation of decisions on the application of compulsory medical measures in relation to the said persons was disclosed.

Rossijskoe pravosudie. 2025;(3):76-82
pages 76-82 views

Topical Issues of Court Fine Application

Sandzhieva S.A.

Abstract

The article analyzes the application of the norms of the current criminal law and criminal procedural legislation that govern exemption from criminal liability in connection with the appointment of a measure of a criminal-legal nature in the form of a court fine.
The author reveals procedural issues of applying a court fine if the court has the opportunity to terminate a criminal case on the base of the fact of compensation for damage caused by the crime, commensurate with the consequences of the criminal act, and compliance with the conditions for applying a measure of a criminal law nature instead of imposing a certain type of criminal punishment.
Based on the results of studying the materials of criminal cases, the author expressed an opinion on the ambiguous approach of the courts to assessing the sufficiency of the actions of the guilty person to compensate for damage and make amends for the harm caused by the crime, as a condition for release from criminal liability, which are determined by the courts in conjunction with the presented data on the personality of the person brought to criminal liability. As a separate aspect, attention is focused on the problematic aspects of determining by the courts the fact of loss of public danger by the guilty person when committing crimes with a formal composition in the absence of a victim, when as a result of an unlawful act, harm is caused to society and the state.

Rossijskoe pravosudie. 2025;(3):83-89
pages 83-89 views

Criminal Law Protection of Intellectual Property (in Accordance with Art. 146 of the Criminal Code of the Russian Federation “Violation of Copyright and Related Rights”)

Ianina I.Y.

Abstract

The article is devoted to the issues of criminal liability for crimes infringing on intellectual property. Based on the various points of view existing in the criminal law doctrine, the author concludes that crimes against intellectual property should include illegal acts prohibited by Art. 146, 147 and 180 of the Criminal Code of the Russian Federation. Some problems of qualification of the composition of copyright and related rights violations have been identified: coercion to co-authorship or refusal of co-authorship does not form an act provided for in рt. 1 of Art. 146 of the Criminal Code of the Russian Federation; in case of illegal use of copyright or related rights, it is required to establish such a dimensional attribute as a large size; in the disposition of pt. 2 of Art. 146 of the Criminal Code, the legislator says “illegal” is used only in relation to the act of using copyright or related certificates.

Rossijskoe pravosudie. 2025;(3):90-99
pages 90-99 views

International law studies

Sources of Legal Regulation of Integration Relations in the Eurasian Economic Union

Rafalyuk E.E.

Abstract

The article continues the theme of research devoted to the law of the Eurasian Economic Union and its sources. The subject of consideration of this article is the decisions of the EAEU bodies (the Supreme Eurasian Economic Council, the Eurasian Intergovernmental Council, the Eurasian Economic Commission), as well as international customs as sources of legal regulation of integration relations in the EAEU. Separately noted is the status of the decisions of the Customs Union Commission in the current legal order of the EAEU; the importance of the recommendations of the Eurasian Economic Commission, which have a guiding effect on the behavior of subjects of integration legal relations. It is indicated that universal international customs (in the form of principles), as well as regional, local customs, which can be formed directly in the integration association, are applied to the regulation of integration relations. 
The article shows the role of court decisions in regulating integration relations. The courts of integration associations have a special goal associated with ensuring uniform interpretation and application of integration law. In exercising the function of monitoring compliance by the member states with the Treaty on the Union, the conformity of international treaties within the Union and decisions of the Union bodies with the Treaty on the EAEU, as well as ensuring uniform application of the Union law, the EAEU Court acts to ensure the rights and interests of an indefinite group of persons, member states and the Union as a whole. In conclusion, the article notes the importance of the acts of the EAEU Court in the formation of a single legal space within the Union, filling gaps in legal regulation, forming legal customs, implementing the principles of integration, developing legal positions that influence rule-making and law enforcement in the EAEU bodies and the Union member states.

Rossijskoe pravosudie. 2025;(3):100-112
pages 100-112 views

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