Law Institute Research Articles

Феномен рефлексии профессионального опыта курсантов образовательных организаций Министерства внутренних дел Российской Федерации на этапах практик

Introduction. The reflexive aspect (associated with the self-awareness of the personality as a developing «I-concept») is a system-forming factor that ensures optimal interaction of all acmeological aspects of human professionalisation: educational, professional and creative2. In this regard, the study of the phenomenon of reflection on the professional experience of students of educational organisations of the Ministry of Internal Affairs of Russia is of particular relevance. This article reveals the essence and significance of reflection at the stages of students’ practice, suggests the introduction of a reflective map of their readiness for practice, and provides recommendations for the development of reflection. Research methods: theoretical (analysis and generalisation of philosophical, theoretical-methodological and psychological-pedagogical research, content analys is of curricula and programs, methodological complexes of practice), empirical (observation, survey, questionnaire, self-assessment method) and statistical methods (qualitative and quantitative analysis of results). The methods of A.V. Karpov and V. V. Ponomareva and the Student’s T-test were used as the main methods. Based on the analysis of the obtained data on the level of reflexivity among students of the 3rd-5th courses of V.Ya. Kikot’ Moscow University of the Ministry of Internal Affairs of Russia and Lukyanov Oryol Law Institute of the Ministry of the Interior of Russia, a low level of reflexivity was revealed in 25.1% of 3rd-year respondents, an average level of reflexivity was revealed in 60.5%, a high level of reflexivity was in 14.4% of respondents. Comparing the dynamics of reflexivity in the example of the 4th and 5th -year students, we can see a natural positive dynamic. In an additional study, the respondents of which were the same 4th -year students, a reflective map of readiness for practical training was proposed. After completing the internship, the students prepared reflective reports, the results were discussed at the subject-methodical section of the department, and appropriate recommendations were given to each of them. In this sample of respondents, the low level of reflexivity has been leveled, in addition, the average and high levels have increased significantly. Results. The introduction of a reflective readiness map for a trainee student and a more thorough reflexive analysis at all stages of practice significantly increase reflexivity indicators and can be proposed for implementation in the practical training of future law enforcement officers.

The germs of environmental protection in Roman law

AbstractMost legal institutions of modern civil law have their origins, at least in principle, in Roman law. This can also be seen in cases and legal reasoning related to the environment since certain rudiments or precursors of modern environmental law can be found in the writings of classical Roman jurists. Nevertheless, it would be an overstatement to speak of Roman environmental law. The focus of Roman classical jurists was on the protection of concrete property rights, mainly in neighborhood contexts. Only a few cases show that the underlying motive of legal argument was the protection of public interest, which brings these cases closer to the idea of modern environmental law.

TRANSACTION AS A SPECIAL TYPE OF LEGAL ACTION

The article analyzes the issues of the application of the civil law institute of damages to the relations of social security law. Based on the study of law enforcement practice and the works of legal scholars, the author identified two of the most fundamental problematic issues - determining the legal nature of losses in social security relations and the possibility of their retrospective recovery. It is noted that the nature of the institution of damages leans towards private law, but in public law it is necessary to provide a similar mechanism, where possible.

Constitutional and Legal Foundations of Interaction Between the State and Civil Society in Ensuring the Protection of State Sovereignty and Territorial Integrity of the Russian Federation

Introduction. The relevance of the study is caused by three main factors. First, there is the need for further in-depth scientific and legal analysis of the amendments 2020 to the Constitution, which contain a number of fundamentally new provisions for domestic constitutional legislation that consolidate the legal foundations for ensuring the protection of state sovereignty and territorial integrity of the Russian Federation. Secondly, the undoubted interest of the Russian state in modern conditions in the development of civil society in Russia as a whole, and in particular its individual institutions that have a direct impact on the activities of the state in this area, as well as the understanding that in modern conditions only with the support and active participation of civil society in the policy implemented by the state In the field of protection of state sovereignty, it is possible to achieve the set goals and objectives. Thirdly, the difficult geopolitical situation that the Russian Federation has been in for the past ten years, striving to preserve state sovereignty and prove its belonging to one of the leading countries of the world under unprecedented pressure from the collective West. Theoretical Basis. Methods. The theoretical basis of this study is made up of scientific works of scientists in the field of the theory of state and law, constitutional law, administrative law. The work uses general scientific methods (system analysis, dialectical, formal-logical) and special research methods (system-legal, comparative-legal, historical-legal, formal-legal). Results. Firstly, based on the supremacy of national sovereignty over state sovereignty, the need to strengthen the latter through the development of institutions (elements) of civil society, which carry out certain types of relevant public (socially useful) activities provided for in legislation in this area, is justified. Secondly, the requirements imposed on the institutions of civil society, called upon, especially during the period of a special military operation, to carry out activities aimed at strengthening the state sovereignty of the Russian Federation, are highlighted. Thirdly, a scientifically based conclusion has been made that the term “civil society” to a greater extent than the legal category “people” emphasizes the presence of common interests among citizens of the Russian Federation, awareness of their constitutional rights and freedoms and opportunities and desire to carry out, especially during the period of a special military operation, public (socially useful) activities, including those aimed at ensuring state sovereignty. Discussion and Conclusion. In the context of further increasing threats to the state sovereignty and territorial integrity of the Russian Federation, there is a need to consolidate civil society in the current legislation as a source of democracy and the basis of the constitutional system, its formation as a public law institution designed to be the natural support of the state, to perform appropriate functions in the field of patriotic, including military-patriotic education of citizens of the Russian Federation Federations, as well as stabilizing functions that allow consolidating the interests of the state and society, using its full potential to protect national interests.

Taxation in insolvency (bankruptcy) procedures of legal entities

Subject. The article analyzes a set of norms related to the legal regulation of personal income tax, corporate income tax, VAT, and other taxes, as well as the order of their collection (payment) from a bankrupt, depending on its organizational and legal form. The choice of the research object is due to the presence of problems related to ambiguous issues in taxation in bankruptcy proceedings.The purpose of the study. The article attempts to comprehensively analyze the legal support of the current measures regulating the taxation of bankrupt organizations and individuals, current law enforcement practice, and the legal positions of the country's highest courts.Methodology. The leading research method is a formal legal one.Conclusions. The article reveals and concretizes a number of legal problems. The authors argue their own point of view on the taxation of bankrupt organizations and individuals, taking into account the practice of the highest judicial authorities, which, according to the authors.It is concluded that there are grounds to talk about the formation of such a new legal institution of financial law as "public bankruptcy law".

Topical issues of teaching humanities at school

This article is devoted to the study of current issues in teaching history and law in educational institutions. The article reveals the concepts and essence of modern educational technologies based on the opinions and approaches of various researchers. Much attention is paid in the article to the problem of choosing the most optimal educational technology of teaching, depending on the individual characteristics of students and their moral and psychological readiness to learn new educational material. In conclusion, criteria for choosing the most effective teaching technology are given and a number of requirements for the successful teaching of historical and legal material are presented.

The concept of legal dualism and its overcoming in contemporary studies of the Russian Empire

The productive interdisciplinary exchange with legal anthropology and the “law and society” paradigm has significantly contributed to the formation of the “legal turn” in historical studies of empires. This “turn” has intensified the study of legal pluralism, the competition and mutual influence among various types of imperial jurisdictions (state, corporate, confessional, ethnic, estate-based, regional, communal, etc.), and the significance of law and judicial institutions in managing diversity and integrating imperial spaces. Additionally, it explores the role of judicial and legal institutions in reinforcing the status and identity of imperial communities and in shaping their interactions with the state. This article, in light of the new interdisciplinary synthesis, discusses one of the oldest and most enduring concepts in the legal-historical sphere of the Russian Empire — the model of “legal dualism”. Formed in the 19th century, this concept remains influential in historiography. It posits the coexistence and sharp distinction between two legal realms: on one hand, a unified realm of modern statutory law and corresponding institutions that regulate the lives of the empire's elite; and on the other hand, an ethnically and locally variable realm of particularistic “customary law” and associated conflict resolution practices prevalent among the heterogeneous population of the imperial center and periphery. According to this concept, the establishment of new courts modeled on European systems during the post-reform period exacerbated the legal and behavioral divide, disrupting pre-existing elements of pre-reform particularistic inclusion of ethnic and class communities. However, recent research has critiqued and revised the “legal dualism” concept in both the pre-reform and post-reform periods. Analyzing this historiographical dynamic has enabled the identification of the most promising avenues for further research on the legal-historical aspects of Russia from the 18th to the early 20th centuries, developing a more realistic depiction of the interaction between the state and various local, regional, class-based, ethnic, and confessional communities within the empire.

Ensuring social standards as a principle of functioning of state authorities in accordance with the Association Agreement (theoretical and legal aspect)

The article discloses the content of social standards that state authorities are obliged to observe in the process of exercising their competence after the Association Agreement enters into force. Attention is focused on the fact that EU requirements regarding the activities of all branches of the state apparatus of Ukraine in terms of ensuring social standards are of primary importance in the context of the introduction of European approaches to good governance. It is substantiated that the timely and optimal implementation of EU social standards in Ukraine is possible only if a special legal mechanism is developed and applied. The heart of such a mechanism is the Association Agreement. Based on the analysis of the provisions of the specified document, the essence of the most significant social standards, which Ukraine undertakes to implement in practice, has been identified and disclosed. In particular, it is ensuring justice and improving the quality of life of citizens on the basis of equality and non-discrimination, increasing the level of social orientation of state policy towards migrants, introducing innovative approaches in the sphere of activity of authorities to combat the illegal circulation of narcotic drugs, precursors and psychotropic substances in order to overcome negative consequences for health and the negative social consequences of drug addiction, taking into account the social interests of the modern population while simultaneously caring for future generations, developing measures aimed at minimizing the risks to the population’s health from the nuclear industry, the social orientation of the organization of the fiscal and economic policy of the state. It has been proven that against the background of the deepening of the European integration processes of Ukraine, the modernization of the domestic social policy of the state is inevitable. First of all, this process requires the creation of an innovative legal basis for diversifying the mechanisms of its implementation, leveling the level of socio-economic development of Ukraine in order to avoid regional socio-economic asymmetry. In practice, this takes the form of changes in the legal regulation of a significant number of institutions of social security law of Ukraine, revision of organizational and legal approaches of state administration in the direction of implementing social standards.

Reception of Roman Private Law in Ukrainian Civil Law as Confirmation of Belonging to the European Legal Family

The article is devoted to current issues of civil law, as well as Roman private law in Ukraine. The purpose of the article is to trace the influence of Roman private law on the development of civil law. In the course of the research, a number of general scientific and special methods of cognition were used, including: historical, dialectical, comparative-legal, logical analysis, formal-legal and other methods. Our legal culture has received Roman law, which became the basis for civil law and is still reflected in modern Ukrainian legislation. In the course of the study, it was established that the Civil Code of Ukraine contains articles that are evidence of both direct and indirect reception. Direct reception occurs when the ideas and provisions of Roman private law are transmitted directly from the primary sources of Ancient Roman law. Indirect (derivative) reception occurred when Roman legal ideas and legal solutions were borrowed not directly from primary sources, but through those legal systems where reception had occurred earlier. That is, indirect reception is the perception of the law of other states where this process has already taken place, and not directly through the primary source. We can affirm the successful reception of Roman law in Ukraine through the basic principles of law, moral and social values, which became the basis of the legal provisions of Roman law and the achievements of human social culture. Therefore, the achievements of Roman law are not only in the formation of civil law in Ukraine, but also in the ability to expand legal thinking and respect for law as a value and the main achievement of society. It can be unequivocally stated that civil law, being part of the Romano-Germanic legal system, is a reproduction of Roman private law, which on the one hand, through centuries-old transformation, has acquired a corresponding theoretical content and remains unchanged and relevant to this day. The conclusions obtained during the study of the influence of Roman private law on the development of civil law as a whole develop both the theory of civil law and the philosophy of law and serve as a subject for further research on the genesis of civil law institutions, the origin and essence of most legal norms in Ukrainian civil law.

MODEL OF CORRELATION BETWEEN ANTI-CORRUPTION INSTITUTIONS OF INTERNATIONAL AND NATIONAL LAW

The subject of the article is a model of correlation between anti-corruption institutions of international and national law. The research methodology involved the use of formal and dialectical logic, historical and legal, comparative legal, anthropological and legal, economic and legal, hermeneutical, synergetic, systemic, and statistical methods. The purpose of the article is to reveal the model of correlation between anti-corruption institutions of international and national law. It is determined that anti-corruption policy becomes a value when it is implemented on an institutional basis. Such a basis means its independence from the acquisition of public power by any person. The sustainability and completeness of the manifestation of virtues in legal relations are ontologically determined by the processes of nation-building, which, in turn, are based on the values of law inherent in human nature. The anti-corruption model is influenced by historical, spiritual, cultural, external conditions, climatic, geographical and other living conditions. Such a model becomes effective when all these factors and their conditions form the best basis for the development of the nation, compared to others, through the full use of the energy potential of the virtues of all its members. Any delay, irresponsibility and/or unjustified loss of vigilance regarding the components of this model leads to decline. It is emphasised that the national anti-corruption model is ternary, since it is based on three main elements, namely, anthropospatial legislation, the practice of its application within the framework of administrative and jurisdictional procedures. The configuration of both elements of the model and their parts is determined by its uniqueness. The most superficial classification of these models is based on the system of criminal justice components. The fundamental classifications of national anti-corruption models are based on the anthropological dimension of legislation and practices of its application outside the criminal process. This is the strategy of anti-corruption work. The role of a person in the strategy process is not to remain in office as long as possible, but to remain in office as useful and effective as possible. Corruption distortions in legal relations disappear where the individual nourishes the institutions of law and power rather than replaces them. The author establishes that the correlation between national and international anti-corruption models is conditional, since the international model has not yet been formed and largely reflects the worldview of the Western legal tradition. It is also precocious to discuss an international anti-corruption model because the international community has not reached a sincere agreement on a universal set of human rights and freedoms and their scope. However, such a substantive understanding is the essence of anti-corruption policy, where its rules and practices reveal the nature of human virtues in legal relations. Currently, there is no complete description of the counterbalance to this tradition of law. Eastern, Muslim, Hindu and other non-Western cultures have adopted legal institutions for the declaration of assets and interests of public officials, conflicts of interest, financial audits of public procurement and anti-corruption criminal justice systems. The Republics of Singapore, Japan and Hong Kong have been the most successful in this anti-corruption legislative reception. The implementation of these institutions by other nations requires their adaptation to unique existential conditions, so that the potential for the liberation of human virtues by the force of legislative requirements is organically strengthened by the conditions of the nation's development. This will manifest the features of both innovation and anthropo-dimensionality of law.

Cancel culture: Heterodox self-censorship or the curious case of the dog which didn’t bark

There is widespread concern that academic freedom is threatened by growing demands for intellectual conformity and attempted censorship from intolerant zealots. Student protests over the Israeli–Hamas conflict have intensified fierce debates about freedom of expression on campuses. This study seeks to understand the nature and scope of contemporary threats to academic freedom of expression worldwide, especially the role of self-censorship in this process. The first part unpacks the notion of a ‘cancel culture’ in academia. The research explores processes of self-censorship where scholars are unwilling to express their authentic views in public. Mechanisms theorized as potentially driving these processes include heterodox status (cultural minorities out of step with orthodox views); institutions (constitutional principles, laws, and regulations used by the authorities to govern academic speech); culture (attitudes towards free speech); and academic status (inequalities in academic power and security linked with gender and age). To examine these mechanisms, the second part sets out the research design. It draws upon survey data from the second World of Political Science survey (WPS-2023), monitoring the background and attitudes of almost 2000 political scientists living and working in around 100 countries worldwide. The third part analyzes the results, confirming the reluctance of heterodox scholars to challenge majority views. The conclusion in the fourth part summarizes the findings, considers their broader implications, and discusses the next steps in the research agenda.

Ketinimas šaliai būti saistomai sudarant sutartis automatizuotai

The progress of automation is bringing back doubts in legal research about whether a party should be bound by the steps taken through automated systems used in contract formation. In response to these doubts, the article presents a critique of the so-called ‘separation’ theories, based on the arguments of the asynchrony of the will of the parties, objectivity, and the computer as a tool. It also aims to determine whether international soft law initiatives, as well as national legislation, are developing a universal and unified approach to the impact of automated systems on the conclusion of contracts. The UNCITRAL Commission, the European Law Institute, as well as legislators in both common and civil law jurisdictions, consistently reinforce the principle that contracts concluded by automated means must be recognized as binding, and legal consequences must be attributed to parties using automated systems. In the cases examined from the court practice related to automatically concluded contracts, the problem of assigning legal effects to the party using an automated system does not arise in principle.

Essays on the female and male mentality in Russian institutions of matrimony and parenthood (until the middle of the XIX century)

The article identifies, systematizes and analyzes patterns of legal and generally social inequality of a woman (regarding the status of a man - father and husband) in the period preceding the creation of obvious prerequisites for her emancipation, including before the October Revolution of 1917. At the same time, elements of female activity in family relations and civil relations are demonstrated, which, in our opinion, distinguishes the Russian situation for the better from Western variations of the same period. The authors form an idea of the contradictory interaction of female and male mentalities in family law and related institutions: the power of husband and father, being close to absolute, supported by law, church and custom, even in the era under study assumed restrictions and did not exclude some freedom of will of a woman. This, along with the political and economic factors of later times, formed the prerequisite for the dynamic evolution of female emancipation.

Генезис концепции злоупотребления правом: вещно-правовой аспект (на примере римской правовой традиции)

The concept of abuse of right is being adapted in many areas of private law, including property law. At the same time, such adaptation was not originally characteristic of the abstract institution of abuse of law but developed genetically. The beginnings of the concept of abuse of law can be traced in the Roman legal tradition, which became the cradle of all modern institutions of private law. On the basis of Roman legal tradition and the absolute nature of property rights, the situation of the irrelevance of the concept of abuse of rights is traced due to the lack of competition of owners in the slave-owning formation. The theorization of the sphere of property law gave an impetus to the development of the concept of abuse of property law.

Министерство внутренних дел Российской Федерации как субъект предоставления государственных услуг

The article reveals the features of the provision of public services as an institution of administrative law. The author paid attention to the study of the Russian Ministry of Internal Affairs as the subject of their provision. The types and features of the provision of public services to the population by this department are analyzed, the basics of interdepartmental electronic interaction in the course of their provision are considered. The author also examines current problems in the provision of public services to the Ministry of Internal Affairs of Russia and offers recommendations for their resolution. Possible trends and prospects for the transition to a full electronic format have been identified in relation to all types of public services provided by the law enforcement agency in question.

The Forms of Acceleration of Justice

Plea bargaining is one of the most important institutions of criminal law not only in Georgia but also in other countries. The said procedural institution was also introduced into the Georgian system and has not lost its relevance since its introduction. It is also obvious that this procedural-legal institution is the cornerstone of Anglo-American law, and it is impossible to discuss it outside the context of the said legal system. Our research includes an in-depth study of the plea bargaining as a basic legal institution. In particular, the formation and development of plea bargaining in England and America is presented. Among them, the case law in the part of plea bargaining is discussed. The article presents the process of implementing plea bargaining in the countries of continental Europe. The work contains a comparative legal analysis of different countries and the Georgian system. Historically, there are two types of bargaining: explicit and implied. Explicit plea bargaining is an open offer from a judge to a victim during a trial or a judge’s advice to a defense attorney about the “best reasonable solution”. The rules of expedited justice in the countries of the continental European system (Germany, France, Italy) are characterized by certain features, the features of which are discussed in this article. The study reveals the main essence of plea bargaining in Georgia, the practice of its use, and the main problems. The author’s conclusions and recommendations are presented at the end of the study.

The Changing Substance of European Law

Intrinsic relation between form and substance in law and between the institutional law of the EU and its substantive goals – idea and criteria for a ‘substantive core’ to the legal order – the internal market as early EU law’s substantive core – the EU’s changing policy substance and the subsequent ‘de-coring’ of the legal order – the consequences of de-coring and its impact on EU law’s relevance and legitimacy – early attempts to reconcile EU law with the changing substance of EU policy.

주식을 이용한 사기 피해 방지방안에 관한 연구

Fraud crime using stocks (hereinafter referred to as fraud crime) refers to defrauding investments by supplying listed stocks, unlisted stocks, and overseas futures at lower prices than the actual transaction price using virtual securities companies and inducing investment by guaranteeing high returns. Since this crime is committed using fake phones and fake bank accounts in cyberspace called communication media, it is difficult to identify criminals, making it difficult to arrest them. Victims of fraud suffer from mental pain such as depression, anxiety, regret, and despair due to financial loss. Therefore, related agencies will not be able to stop crimes unless legal, institutional, and policy countermeasures are sought to prevent them. To prevent this, it is necessary to seek proactive and follow-up measures. First, the preliminary precautionary measure is ① by enacting a law on criminal law alarms to prevent damage by informing investigative agencies or financial institutions of the criminal law to the entire population. ② Even if an investor remits the investment, the investment should not be remitted for a certain period of time through the remittance transfer delay system, so that the investment should not be remitted to the criminal's account when the investor is judged to be fraudulent. ③ Financial institutions notify the investigative agency when a large amount of deposit and withdrawal accounts occur for a certain period of time, and when a damage report is received for the account, the investigative agency must immediately obtain a seizure and search warrant and confiscate it to prevent further damage. ④ Employees of financial companies should be able to impose the obligation to notify them through the revision of related laws that they can be punished if they are used for identification procedures and crimes when opening mobile phones and bankbooks. Next, the follow-up measures are ① The National Assembly should strengthen criminal punishment through the revision of the criminal law so that fraudulent crimes are not considered “remaining business,” so that potential criminals do not only prevent crime but also lead to crime. ② When a crime damage report is received, the investigative agency should obtain a real-time communication warrant so that the criminal can be located and arrested. ③ The National Assembly should unify the request for a search warrant from the police to the court so that investigative agencies can obtain warrants early and confiscate mobile phones and bank accounts. ④ The Ministry of Justice should establish a law enforcement agency dedicated to fraud so that it can arrest criminals and prevent crimes by securing expertise and giving investigative power superior to criminal methods. ⑤ The National Assembly should enact a law on suspension of withdrawal to prevent withdrawal when a financial institution requests the suspension of withdrawal, knowing that the investor is a fraud. These countermeasures will be a great driving force in preventing fraudulent crimes.

Отечественная доктрина правовой природы института морской перевозки груза (конец XIX — начало XX в.)

The article is devoted to understanding the legal nature of the institution of maritime transportation of goods in the domestic legal doctrine, characteristic of the legal thought of the period under review. The institution under study, having the specifics of public international law, private international law, civil law, administrative law, as well as due to its close connection with other related institutions of maritime law, has emerged as an institution that cannot be regulated within the framework of one branch of law without taking into account all the features its historical and legal specificity. The presence of multifaceted reflections on the legal aspects of the contract for the carriage of goods by sea reveals the main contours of what constitutes its nature as a legal institution, and indicates its significance for the state system and economy of that era. In conclusion, the author comes to the conclusion that during the period under review, an independent concept of the international public legal nature of the institution of maritime transportation of goods was formed in different interpretations, which did not receive final confirmation, and maritime trade law remained a structural part of trade law.

Деградация вечной мерзлоты: юридические последствия

This article identifies current problems of permafrost degradation in the context of the emergence of a new sphere of legal regulation, primarily in Russia as a subarctic country. Various legal consequences of this phenomenon, especially those arising outside the sea, on land, are very sensitive to ecosystems and humans. It is proposed to begin solving emerging economic and legal problems by improving the legal regime of rights to land plots and real estate located on them, identifying a range of special and modified environmental law institutions applicable to the special conditions of permafrost. Particular attention is paid to new problems and gaps in land and civil law in the regulation of permafrost. A number of areas of legislation need adaptation to new realities.