No 5 (2025)
Theoretical and historical legal studies
Crisis Phenomena in the Legal Sphere as an Interdisciplinary Concept
Abstract
Currently, crisis studies are actively pursued across all legal disciplines, leading to the emergence of the term “crisisology”. Despite the efforts made by scholars in the theory and history of state and law, as well as international law, there is still a lack of established approaches for studying crisis phenomena.
The aim of this study is to analyze and summarize the approaches of contemporary Russian and foreign legal scholars to the definition, classification, causation, stages, and resolution of crisis phenomena within the legal field.
The study used both general scientific methods (descriptive, chronological, heuristic, methods of analysis, synthesis, deduction, induction), and special (formal-legal, historical-legal, comparative-legal) methods of legal research. This research was primarily based on the theoretical work of legal scholars specializing in constitutional, criminal, civil, and international law, including theorists and historians.
It is shown that the systematic study of crisis-related issues within jurisprudence emerged in the 19th century, and its relevance now extends to all areas of legal science. The author’s definition of crises in the legal sphere has been developed. It was concluded that the general classification of crises in the legal sphere – distinguishing between those stemming from other areas and those inherent to the legal one – is equally applicable to all fields of jurisprudence, although the specific types of crises within each branch of law warrant further classification based on their unique causes and manifestations.
5-15
Activities of the Courts of the USSR and the Stalingrad Region During the Great Patriotic War and in the First Post-War Years
Abstract
The authors studied the work of the courts of the USSR and the Stalingrad region during the Great Patriotic War and in the first post-war period, as well as the regulatory legal acts that guided the courts in their work. This is especially true in conditions where attempts to deny and deliberately falsify the historical events of 1941–1945 do not stop.
The article highlights the issues of professional development of judges who do not have sufficient training in the field of civil law; the categories of cases considered during the period under study; the results of the work of the Stalingrad Regional Court in the first post-war years. The measures and means aimed at protecting the rights of military personnel are shown.
The study was conducted on the basis of archival materials and regulatory legal acts covering the period from 1941 to 1947, including those stored in the State Archive of the Volgograd Region and in the funds of the Volgograd Regional Court.
On the eve of the 80th anniversary of the Victory, it is important for the judicial system to preserve historical memory, to show the consistent development and continuous improvement of the court’s activities as an institution to ensure the protection of citizens’ rights and freedoms, the interests of the state in the war and post-war periods, and the basic moral values that guided judicial officers in their daily activities.
16-27
Fundamental values and strategic goals of social development
Philosophy and Socio-Humanitarian Knowledge as Fundamental Values
Abstract
The state of the world and the parameters of social dynamics of the third millennium AD require a clear understanding of the fundamental values and strategic goals of the social development. The achievement of the main goals of the Russian society is carried out on the basis, among other things, of philosophical knowledge, with the help of the methodology developed by philosophy.
The modern Russia needs a reliable subsystem of military security, a solid social identity, education and enlightenment of the Russian society, the effectiveness of its legal sphere. Understanding and solving of important problems dictate the need for deep knowledge in the field of philosophy and social and humanitarian disciplines.
Philosophy is an essential part of culture, one of the most significant ways for humanity to master reality. Philosophy differs from science: it can do without strict empiricism in its research. However, philosophy allows for the broadest and most comprehensive perception of reality, as a whole, and any of its fragments, to concentrate the maximum number of substantiated consistent opinions when comprehending them. Along with philosophy, a person’s worldview, the level of his methodological knowledge are formed by social and humanitarian disciplines.
As an attribute of the highest level of reflection, philosophy has been the basis for a deep understanding of the laws of nature and society for many centuries. In modern higher education, the study of philosophy and social and humanitarian disciplines is necessary. Domestic legal theorists treat philosophy with special attention and respect.
The Department of Philosophy and Social and Humanitarian Disciplines of the Russian State University of Justice named after V. M. Lebedev has been solving important issues on the formation of knowledge and skills which are necessary for a lawyer for a quarter of a century. The teachers of the department, in a variety of forms of training and education, contribute to the development of important elements of the Russian worldview, methodology which are necessary for specialists in the field of law in students and postgraduates.
28-35
Public law (state law) studies
The High Social Orientation of Justice is an Essential Component of the Court’s Activities in Protecting the Social Rights of Citizens
Abstract
The article examines the features of judicial protection of social rights of citizens. Based on the results of the analysis of judicial practice, the conclusion is formulated about the informal approach of the courts to assessing life circumstances when considering disputes on the protection of social rights of citizens. The Supreme Court of the Russian Federation, if there are appropriate legal grounds, always sides with socially vulnerable citizens. The importance of high social orientation of justice has been repeatedly emphasized by Russian lawyers and judges.
Constitutional amendments in the social sphere have defined priorities in state policy, namely, the social orientation of all aspects of the life of the state, including the administration of justice. The effectiveness and high social orientation of justice are confirmed by the reduction in the number of appeals to the Constitutional Court of the Russian Federation for the protection of labor and other social rights over the past few years. The important role of the Constitutional Court in the formation of uniform practice and constitutionalization of the current regulatory framework in the area under study is noted. However, the negative impact of the fragmentation and lack of systematization of legal acts in the area of social security on law enforcement is noteworthy. In such a situation, the importance of judicial protection takes on special meaning.
36-42
Private law (civil law) studies
Forms of Interaction of Russian Courts with Foreign and Arbitration Courts
Abstract
The forms of procedural interaction of domestic courts with foreign and arbitration courts are investigated. It is concluded that this interaction includes two components: assistance to the activities of foreign courts and arbitration courts in the commission of certain actions, as well as recognition and implementation of the results of foreign justice and arbitration proceedings on the territory of the Russian Federation.
In the first case, we are talking about assistance related exclusively to procedural issues. In the second case, the Russian court, before recognizing and enforcing a foreign court decision, checks it for compliance with national values of a socio-economic, political and legal nature.
43-51
On the Procedure for Using the Common Property of the Owners of Immovable Things
Abstract
This study is devoted to the analysis of the concept and composition of the common property of the owners of immovable things, as well as the established practice of using parts of the common property by individual owners in their own interests. The article examines the legal nature of the right to use common property.
Based on the analysis of research by scientists and judicial practice, the author concludes that it is possible to provide a part of the common property for individual use by individual owners only if an appropriate decision is made by the general meeting of real estate owners, including for a fee. Such a decision can be either common to an indefinite circle of tenants or loan recipients, with the transfer of rights to conclude a lease agreement (loan) of a part of the common property to members of the board of the real estate owners association or the council of an apartment building, with the establishment of the procedure for determining rent, or specific for each tenant. As a guarantee of respect for the equal right of use by each co-owner of common property, it is proposed to supplement the Civil Code of the Russian Federation with a norm imposing an obligation on a management organization, a homeowners’ association, a housing cooperative or other specialized consumer cooperative to take measures to eliminate violations of the use of common property, including by filing a corresponding lawsuit in court. The article also analyzes the illegality of long-term parking of vehicles of owners of real estate premises on the land plot on which the building is located. A proposal has been developed for the owners of real estate objects to determine the deadlines for parking vehicles at a general meeting of such owners.
52-60
Criminal law studies
On the Equivalent Legislative Provision of the Right of Each Accused to Choose the Form of Justice with the Participation of Jurors in Group Cases
Abstract
Almost thirteen years have passed since the amendments were made to the Code of Criminal Procedure regarding the regulation of the allocation of a separate criminal case against persons who do not agree to a trial by jury. The legislator laid the basis for a positive solution to this issue on the requirement to establish the absence of obstacles to a comprehensive and objective resolution of the merits of the main and highlighted cases. The law enforcement officer, referring to the impossibility of achieving this, in the vast majority of cases decides on the expediency of considering a group criminal case with the participation of jurors, ignoring the expression of the will of the defendants who disagree with this in accordance with the procedure established by law.
The purpose is to substantiate the need for an equivalent provision of the right of each accused to have his criminal case examined by a court with the participation of jurors in cases provided for by law. Tasks: to analyze the current legal regulation of ensuring the right of the accused to choose such a form of criminal justice; from the standpoint of equality of each participant in the criminal process, who has the same procedural status, to propose a solution to the identified problem.
The dialectical method of cognition was used as the main one. Analysis, synthesis, formal legal and other general scientific and special legal methods were also used.
The author concludes that in order to achieve an equivalent provision for the realization by each defendant of his right to the administration of justice in the form he desires, in any case, when in a group criminal case in which several people are accused of committing one crime potentially falling under the jurisdiction of a jury trial, one part of the accomplices announced the consideration of the case with a jury, and the other – solely by a judge or a professional collegial composition of the court, to decide on the allocation of a criminal case to a separate proceeding in respect of that part of the accused who do not trust the jury.
61-69
Release from Punishment in Connection with Military Service
Abstract
The article is devoted to the analysis of the new Art. 80.2 of the Criminal Code of the Russian Federation, which supplemented the grounds for exemption from punishment with release in connection with military service during mobilization, martial law or wartime. The issues of the concept of “conscription for military service”, “mobilization”, “wartime”, “martial law”, conditions for concluding a contract for military service, grounds for exemption from serving a sentence and its types are considered.
The article analyzes the decisions of the courts on release from serving the sentence, notes their positive aspects and shortcomings in a number of cases.
The problems associated with the application of the new article of the Criminal Code of the Russian Federation are identified and considered. The author’s position on the issues under consideration is substantiated.
70-77
The Discipline “Fundamentals of Personality Psychology” in the System of Professional Training of Forensic Experts
Abstract
The article analyzes the place, role and structure of the discipline “Fundamentals of Personality Psychology” within the educational program 40.05.03 “Forensic Examination”. Individual aspects of the forensic expert’s activities requiring psychological literacy are considered. In this regard, the concept of psychological competence of a forensic expert and its place in professional competence are studied. The correlation of psychological competence of a forensic expert with the formation of expert conviction and the risks of making expert errors is analyzed. The relationship between psychological literacy and the effectiveness of communication of a forensic expert with both professional participants in legal proceedings (judges, investigators, other experts) and non-professionals (persons under examination – witnesses, victims, suspects, accused) is indicated. The influence of psychological competence of a forensic expert on the assessment of the reliability of his conclusion is traced. Based on the conducted study, an approach to the structure, content and didactics of this discipline is proposed. In particular, it is proposed to include in the topics studied the problems of formation and structure of personality, its needs, motivational and emotional spheres, complex personal characteristics (character, temperament, orientation, etc.), self-awareness and self-development, speech and volitional properties of personality, social maturity and responsibility. A proposal was made to shift the emphasis from the academic component of the fundamentals of personality psychology to the formation of practical skills that can be used by students in the process of obtaining expert education and by forensic experts in the process of carrying out professional activities. The experience of teaching this discipline at the Russian State University of Justice is given. The direction for further research is determined.
78-87
Prospects for Improving General and Special Grounds for Exemption from Criminal Liability
Abstract
The article considers possible ways of improving the institution of release from criminal liability, and special grounds in particular. The proposals based on the thesis about the ineffectiveness of the institution of exemption from criminal liability, as well as its inconsistency with the principle of the presumption of innocence, were found to be untenable. The author considers it necessary to include in the incentive notes to the articles of the Special Part of the Criminal Code of the Russian Federation, which contain the condition of the person committing a crime for the first time, a restriction on their repeated use within the statute of limitations established in Art. 78 of the Criminal Code of the Russian Federation. A theoretical model of such a restriction is proposed, as well as a corresponding explanation in the text of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 No. 19 “On the application by the courts of legislation regulating the grounds and procedure for release from criminal liability”.
88-96
Features of Court Decisions Rendered in a Special Procedure of Judicial Proceedings
Abstract
The purpose of the article is to identify the specifics of court decisions rendered in a special procedure of judicial proceedings. The methodological basis of the research is the universal dialectical method, which allowed us to study the subject of research in relation to other legal phenomena, as well as methods of analysis, synthesis and formal logic.
The author concludes that the key feature of making court decisions in a special procedure for judicial proceedings is that the stage of establishing factual circumstances when sentencing in a special procedure for judicial proceedings consists of two parts: verification of factual circumstances and evidence established by the preliminary investigation authorities, and independent identification of circumstances of secondary importance. The compliance of the court’s conclusions with the factual circumstances of the case is verified by a multi-stage verification system, including: 1) the activities of the preliminary investigation bodies to establish the factual circumstances of the criminal case and their legal assessment; 2) verification by the prosecutor approving the indictment, indictment or indictment of the conclusions of the investigative bodies for the consistency of the established factual circumstances of the case and the conformity of legal qualifications to the established circumstances; 3) confirmation by the accused and his defense attorney of the correctness of establishing the factual circumstances of the case by agreeing with the charges brought and the qualifications given by the investigating authorities (the first time – when the accused, after consulting with the defense attorney, petitions for consideration of the criminal case in a special court procedure, the second time – when confirming at a court hearing the agreement with the charge and maintaining the petition for consideration of a criminal case in a special judicial procedure); 4) verification by the court at the stage of the appointment of the trial through familiarization with the materials of the criminal case of the consistency of the established factual circumstances of the case, the correctness of qualifications, the validity of the charge, its confirmation by the totality of evidence collected in the case, each of which is evaluated in terms of relevance, admissibility, reliability.
97-106
International law studies
The Eurasian Economic Union is 10 Years Old
Abstract
The article is devoted to the review of the history of the development of Eurasian integration and the tenth anniversary of the EAEU. A historical excursion is conducted from 1991 to the current stage of integration in the Eurasian space. It is concluded that due to the elimination of many trade and administrative barriers, a high degree of freedom of movement of goods has been ensured, and uniform standards have been developed in many areas.
107-112

