No 2 (2025)

Justice determines not only the essence of justice as a special state activity for the consideration and resolution of cases, but also the organizational mechanism that leads to a just and, therefore, fair result. From the point of view of the tasks of ensuring the sovereignty of Russia as a state-civilization and the protection of traditional Russian values, the issues of reflecting the idea of ​​justice in the model of the Russian judicial system seem relevant.
Purpose of the work – to formulate conclusions and recommendations regarding the implementation of the principles of justice in such aspects as the goals and objectives of the judicial system, the distribution of judicial resources and the financing of courts. 
The methodological base is made up of traditional techniques and methods of scientific knowledge (dialectical, historical and legal, system analysis, comparative legal, etc.).
The turn of the Russian justice system from the liberal type of process to its greater socialization predetermines the discussion regarding the inclusion of national interests in the legal model of the organization of judicial power. The conclusion is made about the need for legislative certainty of the goals and objectives of the judicial system as the main provision determining the laws of its construction. The concept of justice to one degree or another permeates all judicial aspects of the judicial power, but the issues of justice are most contrastingly manifested in the institutions related to ensuring equality before the court, access to the court and the distribution of judicial resources. Given the economic efficiency, formality, but injustice of these institutions, their legitimacy is questionable and requires changes.

The process of constitutional control identifies and removes regulatory defects: gaps, contradictions and uncertainty, which are essential for a coherent legal system. The result of constitutional control is the impulse to the development of pension legislation and the basis for law enforcement decisions. Considering that the instability of the pension legislation affects the legal situation of millions of citizens (current and future pensioners) and prevents the formation of uniform law enforcement practices in both the exercise of the right to a pension, and in the formation of pension rights, the study of the practice of the Constitutional Court of the Russian Federation on pension provision is of interest to both academics, legislators and law enforcement officials.
The aim of the research is to identify and study the ways in which the constitutional control affects the development of legislation and law enforcement in the field of pensions.
Research methods: general scientific (dialectical, logical, system, analysis, synthesis) and special (comparative-legal and formal-legal). The subject of scientific research is ways to overcome the defects in the legislative regulation of pension provision by the Constitutional Court of the Russian Federation; decisions of the Constitutional Court of the Russian Federation and pension legislation. 
The main ways of constitutional control (disqualification of legal norms recognized as non-constitutional, temporary regulation and constitutional interpretation) and proved their impact on the development of pension legislation and law enforcement. It has been established that the implementation by the legislator of the prescriptions of the Constitutional Court of the Russian Federation without taking into account the systemic approach significantly reduces the effectiveness of legal regulation. 

Unauthorized construction is a widespread phenomenon in Russia. An analysis of judicial precedents reveals that the prevalence of cases involving the application of Art. 222 of the Civil Code of the Russian Federation, which governs matters pertaining to unauthorized structures, continues to be substantial. Despite the fact that the legislation of the Russian Federation has undergone many changes, which result is an increasingly detailed regulation of the area under consideration, controversial issues continue to arise in practice. In this regard, this article is devoted to the problem of recognizing the ownership of an unauthorized building in order to include it into civil circulation in the presence of a judicial act of demolishing it due to the expiration of the statute of limitations. 
The purpose of the article is a legal analysis of some gaps in the legislation of the studied area, as well as the identification of proposed ways to implement fair legal regulation in the context of the problem. The authors underscore the unacceptability of both refusals to grant a request for the demolition of an unauthorized construction and to recognition of ownership rights to it, as such a course of action fails to resolve the issue of the legal status of the contested object of unlawful construction.
The work uses general scientific and private research methods: logical, dialectical, sociological, comparative legal, etc. The use of these methods made it possible to investigate problematic issues of the institution of unauthorized construction, as well as procedural aspects of recognizing ownership of an unauthorized building, demolition of an unauthorized building.
Based on the results of the article, a possible way to overcome this problem is proposed, aimed at observing the principle of legal certainty.

 In this work, the author introduces such a historical monument as the Code of Theodosius into the scientific circulation of branches of law of the criminological cycle. Against the background of the historical events that determine this act of systematization, the canonical segment of the Code is studied and its influence on the origin and development of criminal law is revealed in the inextricable connection between the activities of authoritative representatives of legal doctrine and the legislator. It is demonstrated how criminal law concepts, categories and institutions arose in the depths of church law, which are still in demand at the moment. 
The historical process of the formation of the systematization of normative material in Roman law, which went through the formation from the incorporation of private lawyers to the official codification carried out on behalf of the highest state bodies of the empire, is studied. Attention is paid to such predecessors of the Code of Theodosius as the codes of Gregorian and Hermogenian, and the influence of the Code of Theodosius on the further process of systematization of Roman law, reflected in the reforms of Justinian, is illustrated. In his work, the author emphasized the analysis of the canonical component of the historical and legal monument under study, based on the position that secular and canonical criminal law of the designated period in their unity constituted a common legal space. The article offered to the readers continued the cycle of author’s publications on the history of canonical criminal law.

The article is devoted to the problems of interpretation and application of the provisions of the criminal procedure law, which determine the features of the study of data on the identity of the defendant in court with the participation of jurors. The author has studied the practice of considering criminal cases in the Rostov region and the city of Sevastopol. The data obtained are compared with the practice of the Supreme Court of the Russian Federation, cassation and appeal courts of general jurisdiction.
In the course of the study, such tasks were solved as: identifying key law enforcement problems, analy­zing the causes of the described problems, and determining ways to resolve them. 
At the same time, systematic and logical methods, the method of analyzing judicial practice, comparative legal and comparative historical methods, and the method of interpreting legal norms were used.
The problems identified in the course of the study were analyzed in the context of current legal regulation and established judicial practice. At the same time, the provisions developed in the theory of criminal procedure law, the experience of the domestic pre-revolutionary jury trial, as well as foreign experience were taken into account. 
Special attention is paid to the issue of the limits of the study of data on the identity of the defendant, the problem of interpreting the provision on “data capable of causing prejudice to the jury in relation to the defendant”.
The author formulated proposals to improve the current legislation and judicial practice. In particular, it is proposed: to expand the limits of research on the identity of the defendant; clarify the concept of “other data that may prejudice the jury against the defendant”; to grant the prosecution the right to refute the information provided by the defense about the identity of the defendant.

The article is devoted to the law of the Eurasian Economic Union, its concept, sources and features. The concept of “EAEU law” is used in the meaning of the “legal system of the EAEU” – a complex category that includes all sources of law of this integration association. 
The EAEU Treaty identified the sources of the “EAEU law”: the EAEU Treaty itself: international treaties of the Union with a third party; decisions and orders of the Union’s bodies – the Supreme Eurasian Economic Union, the Eurasian Intergovernmental Council, the Eurasian Economic Commission (para. 1 of Art. 6). 
The analysis of the sources of integration law made it possible, from the point of view of legal force, to divide them into sources of “hard law” and sources of “soft law”. These sources of “EAEU law” are classified depending on their legal obligation. There is a tendency to increase the regulatory importance of “soft law” acts in the process of integration development. 
Conclusions are drawn about the peculiarities of the law-making process in the EAEU, the special role of the EAEU Court, and an assessment of its legal positions is given. 
The concept of a “unified harmonized legal space” and methods for achieving uniformity of legal regulation within the EAEU are considered: unification, harmonization and coordination of law.