Legal Doctrine Research Articles

Statutory and Legal Stipulation of the State Policy on Preservation and Strengthening the Traditional Russian Spiritual and Moral Values

Introduction. Stipulation of the national spiritual and moral values in the laws and regulations as the benchmarks for the multinational people of Russia is one of the most important conditions for ensuring the national security of the Russian Federation and strengthening the political sovereignty of the state. At present, the national ideological security is in a vulnerable position, because the Constitution of the Russian Federation contains a prohibition of the state or other mandatory ideology, instead of which the legislators are currently using a term “traditional Russian spiritual and moral values”. The Constitution of the Russian Federation adopted in 1993 was created in conditions when the national humanitarian science found itself in a conceptual impasse due to the fact that for a long time it had been built on the basis of the materialistic concepts, but after the disintegration of the USSR, the liberalism in its Western interpretation became a natural replacement for the Marxism-Leninism. Therefore, for a long time, Russia was assimilating the foreign humanitarian knowledge in anticipation of forming the “global world order” and finalising construction of the “consumer society”. Later, when it became evident that there was no place for a sovereign Russia in the unipolar world, the revival of the national humanitarian knowledge turned out to be a way out of that situation and the only opportunity to adapt the new political reality to the conditions of the Russian legal reality. It is necessary to eliminate the gaps in the juridical knowledge referring to the state policy in the field of national ideology based on the traditional Russian spiritual and moral values. The aim of the research is to study the current conditions for the juridical stipulation of the all-Russian identity and national unity having been formed on the basis of the traditional Russian spiritual and moral values.Materials and Methods. The authors have used the formal-logical and historical-legal methods for preparing the article. The general analysis and comparison of regulatory legal acts on the relevant topic have been carried out, where appropriate.Results. A scientific understanding of the traditional Russian spiritual and moral values has been formed on the basis of that enshrined in the Constitution of the Russian Federation and in the Executive Order of the President of the Russian Federation No. 809 of November 9, 2022. The authors have proved that, upon the constitutional and legal prohibition of state or other mandatory ideology, the historical type of legal understanding based on the reproduction of the traditional values and national legal culture, which are necessary for the intellectual opposition to the liberal trends of the unfriendly states, becomes particularly relevant in the present day theoretical and legal doctrine. Moreover, the availability of a range of the normative legal acts regulating the state policy on the preservation and strengthening of the traditional Russian spiritual and moral values has been clarified.Discussion and Conclusion. It is evident that the role of the historical culture and legal traditions of the multinational people of the Russian Federation with the Russian people as a vanguard, is strengthening within the national legal framework. Preservation and strengthening of the traditional spiritual and moral values allows us to form a cohesive society as a guarantee of a strong state and is a constitutional goal of the Russian Federation for the forthcoming years. The scientific ideas put forward by the authors have a proven, solid character and can be used as a theoretical basis for ensuring the national ideological security of the Russian Federation.

Pelecehan Seksual Menurut Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual Di Lingkungan Kampus Universitas Palangka Raya

The enactment of Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) aims to provide comprehensive protection for victims of sexual violence, including in higher education institutions. This study aims to evaluate the implementation of UU TPKS at the University of Palangka Raya (UPR), specifically assessing campus preparedness, the effectiveness of reporting mechanisms, the level of awareness among the academic community, and identifying socio-cultural challenges in its enforcement. A normative legal research approach was employed by analyzing relevant legal norms, regulations, and doctrines related to campus sexual harassment. The findings reveal that the reporting system for sexual violence at UPR remains suboptimal. Victims are often reluctant to report due to fears of social stigma, academic repercussions, and lack of trust in existing mechanisms. The level of awareness among students and lecturers regarding UU TPKS and its protective measures is still low, further hindering the effective enforcement of the law. Socio-cultural barriers, such as patriarchal norms and victim-blaming, exacerbate the situation. This study concludes that strengthening a secure and confidential reporting system is crucial, accompanied by increased awareness through continuous socialization programs. Collaboration with external institutions is essential to support victims and create an inclusive, victim-oriented system. Additionally, the university must address cultural barriers by fostering a transformation toward an academic culture free from sexual violence. Effective implementation of UU TPKS requires a holistic approach integrating law enforcement, institutional support, and cultural change to create a safe and just campus environment for the entire community.

Fathers without the right to paternity: family law mechanisms for balancing the interests of fathers and children

Relevance. The increasing divorce rates in Russia give rise to pressing legal and social challenges, particularly concerning the rights of children and fathers. Legal doctrine reveals a significant gap in both normative and ideological protection of fathers’ rights, resulting in discriminatory practices, especially in the resolution of disputes over child residence and visitation. This article urges the academic community to reconsider current presumptions and underscores the necessity of developing a legal framework aimed at establishing a robust institution of fatherhood, a matter that is particularly pertinent in the contemporary context.The purpose of this article is to identify and analyze gaps in the regulation of legal aspects of fatherhood within national legislation, to develop fundamental principles for the institution of fatherhood, and to ensure the equality of parental rights in matters concerning the protection of children’s interests.The objectives tasks encompass an analysis of law enforcement practices in the sphere of fatherhood, a study of existing legal norms and doctrines, and the formulation of proposals aimed at establishing a comprehensive legal framework for the institution of fatherhood in Russia.The research methodology is based on a comprehensive analysis of legal norms, judicial practice, sociological and psychological data. Systemic, comparative-legal and formal-logical methods were used to identify gaps in the regulation of fathers' rights and to develop proposals for their elimination.The results of the research demonstrate that the absence of a formal institution of fatherhood within Russian legislation results in discriminatory practices against fathers in judicial proceedings, particularly concerning the determination of a child’s residence and restrictions on parental access. Recommendations have been developed for the establishment of a fatherhood framework and legal reforms aimed at safeguarding the interests of both children and parents.The conclusion of the study is the need to revise law enforcement practice and develop the legal institution of paternity, which will eliminate discrimination against men in family legal relations and create equality of rights for parents.

Mediation as an Alternative to Legal Dispute Resolution in Health Services in Hospitals

This research aims to analyze the role of mediation as a method of medical dispute resolution in Indonesia, which is seen as more effective, fair, and cost-effective than the litigation process. This research uses a normative legal method with a descriptive-analytical approach to identify legal principles, doctrines, and regulations related to medical dispute resolution. The main focus is dispute resolution through mediation in medical malpractice cases, which involves civil, criminal, and restorative justice aspects. The novelty of this research lies in the in-depth exploration of penal mediation as an approach in resolving criminal disputes related to medical malpractice, even though it does not yet have a strong legal foundation in the Indonesian criminal justice system. The results show that mediation, both in the civil and criminal realms, can provide a more humane and satisfying solution for all parties involved. However, the implementation of penal mediation still faces legal and practical challenges, especially in providing protection of patients' rights and ensuring justice for medical personnel.In conclusion, mediation has great potential in resolving medical disputes in Indonesia, but more specific regulations are needed to optimize its implementation, especially in criminal cases. As such, this study makes an important contribution to the development of a better medical dispute resolution mechanism in Indonesia.

Beyond Place: Network Effects Versus Jurisdiction and Sovereignty

Abstract Anxieties about the viability and future of the liberal international order have been multiplying in both scholarly discussions and the popular press. But what does the “coming apart of the liberal international order” actually mean? Some commentators point to sanctions and tariffs that are destroying free trade; and some are focusing on democratic backsliding, the rise of populism and the crumbling of human rights protections (especially in international migration). An arguably more fundamental, and equally worrying, shift is discussed in three recent books: the end of territorial jurisdiction, and with it, a deep uncertainty in what independence, sovereign equality, nonintervention, self-determination, and other fundamental concepts of peaceful coexistence can mean in the twenty-first century. Because thirty or so banks control almost all of international finance and the United States controls the dollar and the hegemonic currency of international trade, the difference between territorial jurisdiction and extraterritorial jurisdiction has disappeared in global trade and finance, as well. Henry Farrell and Abraham Newman provide a readable and popular introduction; Pierre-Hugues Verdier explains in detail the mechanisms of international financial law; and Cornelia Woll tries to integrate these events into legal theory and doctrine.

On the question of the characterization of the traditional values of the Russian state

Relevance. Currently, the Russian state is in search of a positive model for building a sovereign state capable of countering global threats and challenges of our time, a special order of the world order that allows different countries to freely coexist and develop regardless of their size of territory, geographical location, military, demographic and resource potentials, political and socio-economic structure. In these conditions, it is particularly relevant to comprehend the existing political and legal experience of building Russian statehood and the establishment of a unified ideology based on traditional values.The purpose of the study is to identify and analyze the constant constants that make up the traditional values of the Russian state.Objectives: to identify the traditional values inherent in the national statehood; to give a general description of the identified traditional Russian values; to assess the possibility of applying traditional values of Russia to build a modern model of Russian statehood.Methodology. The research used such methods of scientific cognition as historical, comparative methods, method of analysis, synthesis, generalization, systematization.Results. The study found that in Russia such semantic constants as traditionalism, patriarchy, community, conciliarity and some others, reflected in modern domestic legal doctrine, were formulated as traditional values of Russian society and the state.Conclusion. It has been established that the values of Russian statehood formed over the centuries can now become the basis for building an integral concept of the development of the modern Russian state, strengthening traditional Russian spiritual and moral constants, preserving the historical and cultural heritage of the multinational people of Russia, as well as for the formation of a stable and just world order, a multipolar system of international relations.

Rights of Elevation and Its Application in Today's Apartment from Jurisprudence and Legal Perspective

One of the most important social and economic challenges of the present time is the issue of housing, which has arisen as a result of the too much increase in the population. Therefore, to be able to reduce this challenge, people have turned to apartment living to solve it. What emerged as a result of this was the emergence of a new legal association between apartment unit owners. A relationship that was discussed less in ancient jurisprudence and only in a small instance under the title of "higher and lower", and that too as an easement. The purpose of this research was to examine and clarify this important question: is it possible to justify the legal relationship between apartment unit owners based on the theory of superiority and inferiority and consider it an easement? Or will this relationship go beyond that, and assuming it goes beyond that, on what basis can it be justified? This research is library-based, and attempts have been made to address the issue using an analytical method through jurisprudential texts, especially Hanafi jurisprudence and contemporary legal doctrine. What was obtained from this study indicates that Hanafi jurists have considered the right of elevation to be an easement belonging to the object, which, if destroyed, cannot be bought and sold independently. But some other jurists have considered this relationship to be a property right. Given that this disagreement was based solely on ijtihad and not on text, in contemporary jurisprudence, the issue of inferiority and superiority is recognized as a property right. Or, in contemporary law, especially the Civil Constitution of Afghanistan and some other legislative documents of this country, this issue has also been given due attention.

Specific issues of modern legal regulation of concession relations under the current legislation of Ukraine

This article is dedicated to examining specific issues in the legal regulation of concession relations under the current legislation of Ukraine. It addresses key challenges arising during the implementation of concession agreements in Ukraine, including gaps and contradictions in existing legal norms, as well as practical difficulties in applying concession legislation. The impact of current regulatory acts on the development of concession relations is analyzed, and conclusions are drawn on the necessity of improving the legislative framework in the concession sector to create favorable conditions for attracting investments and ensuring the stable functioning of concession objects in Ukraine. It is also established that the ongoing reform of concession legislation has provided a legal foundation for developing Ukraine’s transport infrastructure based on public-private partnership in the form of concessions. Particular attention is paid to the legal issues of attracting foreign investors. It is determined that, according to the current legislation of Ukraine, only legal entities registered as Ukrainian residents may act as concessionaires, which, in the author’s opinion, restricts the participation of foreign companies in concession projects. This limitation reduces healthy competition and hinders the inflow of foreign investments, which holds strategic importance under Ukraine’s current conditions. Special focus is placed on assessing the legal and economic prerequisites for granting concessions for railway stations as individual infrastructure objects, national highways, port facilities, and other critical elements of Ukraine’s transport infrastructure. Despite their strategic importance, these infrastructure objects could potentially be transferred to private entities under conditions ensuring non-discriminatory access for all users. This issue underscores the priority task for Ukraine’s legal doctrine: conducting thorough and comprehensive research to evaluate the effectiveness and alignment of proposed approaches with the strategic interests of the state and society. These studies should form the legal foundation for enshrining clear and transparent mechanisms for regulating concession relations in the strategically significant sector of Ukraine’s transport infrastructure. Further improvement of the economic-legal regulation of concession relations, taking into account the challenges provoked by the war, will contribute to the sustainable development of Ukraine’s transport infrastructure and its entry into international transport markets. Ultimately, this will enhance the competitiveness of Ukraine’s transport sector in global markets and facilitate the integration of domestic infrastructure into the pan-European system, serving as another step toward Ukraine’s EU membership.

The Concept of Legal Egalitarianism in Heterogeneous and Culturally Homogeneous Societies

The article is devoted to the analysis of the concepts of legal egalitarianism and formal equality both in European legal orders and in legal orders of non-European cultural code in historical retrospect and modern times. The author traces the origin, emergence and development of the concept of formal equality and the accompanying philosophical and legal egalitarian doctrine that has gained dominant positions in the legal orders of European and other countries of the world after the French Revolution of 1789. The author examined historical material and scientific positions of various scientists — sociology, cultural science, social anthropology, political science, history and legal theory. The author reflects on the possibility and effectiveness of the uncontested existence and application of egalitarian legal doctrine in the context of complex heterogeneous multicultural societies. At the same time, the author questions the views on the essence of formal equality as a philosophical and legal concept and principle of law that exist in modern theoretical and legal studies.

Juridical Analysis of Legal Protection for Creditors on Mortgage Rights Canceled by Decision

Mortgage is a guarantee in providing credit facilities and aims to protect the interests of creditors and debtors. The creditor can execute the object of Mortgage collateral if the debtor defaults. However, if the object of collateral experiences a dispute and the transfer of rights is canceled by a Court Decision, what are the legal consequences. The research method used is to use normative research that uses primary legal sources consisting of laws and regulations, legal principles, legal principles and legal doctrines on legal systematics related to answering problems in the subject of writing. From the results of the analysis and discussion that Bank BTN Persero is a good faith creditor in granting credit, and has been in accordance with standard operating procedures, and has not violated the laws and regulations, canceled Mortgage Rights by Court Decision does not cause the Debtor's debt to be canceled, the Creditor can take legal action for Wrongful Acts to request compensation for the actions that have been caused and request other assets / assets in exchange for Mortgage Rights that have been canceled previously by Court Decision.

Rethinking Crime and Punishment: Women Who Kill Their Abusers in South Africa

The battered women’s movement in the United States was galvanized in the 1970s and ushered in a paradigm shift in how we understand domestic violence. For women who kill their abusers, the movement attempted to incorporate their lived experiences of domestic violence into legal doctrine. Decades later, the battered women’s movement has generated criticisms such as stereotyping women, failing to take an intersectional lens, and over-reliance on the carceral system. These lessons from feminists in the United States present cautionary tales for other contexts, especially for unequal societies impacted by domestic violence, crime, and mass incarceration. Prompted by personal experiences inspecting prisons across post-apartheid South Africa, I explore why women in South Africa resort to killing their abusers and why these women end up incarcerated with lengthy sentences. I engage with how the law responds–and ought to respond–to women who kill their abusers. After outlining lessons from the battered women’s movement in the United States, I concentrate on South Africa’s transition from apartheid to democracy, with a particular focus on how the government instituted legal reforms to tackle violence against women. I explore the transitional period, noting that the post-apartheid government retreated from progressive forms of punishment, such as correctional supervision, and relapsed to punitive forms of punishment by establishing the mandatory minimum sentencing regime. I show how South Africa’s over-reliance on the carceral system, inspired by the United States’ tough-on-crime zeitgeist, inadvertently extends to women who kill their abusers. After acknowledging empirical gaps in data and uncovering a social movement, I critically analyze various cases involving women who kill their abusers in anticipation of, or after experiencing, cycles of abuse. I make three key findings: first, there is a lacuna in the criminal law regarding defenses for women who kill their abusers; second, no sentencing norms have been established; third, beyond legal doctrine, practical barriers hinder women’s access to the legal system. I argue that filling defense lacunas, establishing sentencing norms, and rectifying social barriers to access legal assistance are necessary, but not sufficient. I contend that the retributive criminal justice system is not tailored to deal with women who kill their abusers and propose, through a social justice lens, restorative and transformative justice mechanisms to hold women accountable. This paper lays the ground for a constructive dialogue for feminists in post-apartheid South Africa to engage with those in the United States and sets an agenda for further research, reform, and activism.

Principle of Responsibility of the Controlling Person as Approach to Eliminating the “Responsibility Gap” for Harm Caused by AI Systems and AI Applications

INTRODUCTION. The use of artificial intelligence technologies (hereinafter referred to as “AI”) is characterized by the mediation of human actions by autonomous processes, which leads, in the case when technical expertise is unable to identify the causer of harm, to a “responsibility gap” is an undesirable legal phenomenon in which the imposition of responsibility for harm caused by the use of AI on a specific person (persons) for the rules of tort liability are impossible.MATERIALS AND METHODS. The research used general scientific and special methods, including the historical method, methods of formal logic, analysis, synthesis, as well as systemic and comparative legal methods.RESEARCH RESULTS. To eliminate the “responsibility gap”, the article proposes a mechanism that allows to fill in the missing elements of a tort committed using AI when the error that led to harm cannot be attributed de lege lata to any participant in the life cycle of an AI system or application. The starting point for the development of this mechanism was the theory of “guidance control” over the use of AI. A legal understanding of the philosophical foundations of the theory of “guidance control” allows us to substantiate the general legal principle of allocating responsibility for harm caused by AI, according to which the legal responsibility is borne by the person obliged to exercise human control over the use of the AI system or application, unless other perpetrators are identified. This principle is gradually being accepted by the international legal doctrine, which is expressed in the designation of the need to control the use of AI in a number of international documents.CONCLUSIONS. Provided that the protocol to the Treaty on the EAEU enshrines the general legal principle of responsibility of the controlling person for harm caused by AI, it can acquire the significance of a regional international legal principle, and thereby become the basis for the formation of regulatory regulation in the EAEU of the distribution of responsibility for harm caused by AI. The proposed toolkit is convenient for legal consolidation through supranational legal regulation.

트리아지(Triage)와 형사책임

In this article, we reexamine the theory of emergency evacuation and conflict of duty under criminal law, taking into account the so-called ‘triage’ situation, with issues related to the distribution of medical resources in mind. Accordingly, the purpose is to reduce the burden of criminal liability on medical personnel when they encounter an emergency situation and to provide a foundation for rapid emergency rescue. The contents are briefly summarized as follows. In the case of ‘Ex ante-Triage’, since the equivalent duty-the doctor's duty to provide life-saving treatment-​​conflicts with each other according to the legal theory of justifiable conflict of duties, the illegality is eliminated regardless of which duty is chosen. However, in such situations, medical professionals who are faced with decisions may feel a tremendous mental burden, such as anxiety about whether they are treating the disabled at a disadvantage, so it is desirable to establish specific implementation standards and procedures to resolve this. In this case, there is a problem in that it changes the theory of conflict from theory of obligation to utilitarianism based on the likelihood of success in theory of conflict of obligation, which allows for qualitative and quantitative comparisons between life and life. Therefore, from the perspective of equality, the latter contingency principle is still valid. In the case of ‘Ex post-Triage’, the prevailing view is that the problem of conflict between the duty to inaction and the duty to act should be resolved through the application of emergency evacuation regulations rather than the legal doctrine of conflict of justifiable duties. However, even in this case, the Coca-Vila theory is superior in its theoretical composition, which acknowledges that it is a case of conflict of duties, examines the equivalent value of conflict of duties, and then denies justification by conflict of duties. Since our country has adopted a similar legal system and legal theory to Germany, discussions on triage in Germany will be of great value to our country in many ways. However, there is a need to develop an independent triage theory that is suitable for our country's medical, cultural, and legal systems. In addition, among the multiple life protection obligations, failure to fulfill one of the obligations will inevitably result in a breach of duty. In such extreme situations, it is desirable to legislatively present certain clear criteria to serve as selection guidelines in order to avoid placing excessive legal and mental burdens on doctors. Even so, there is a need to develop an independent triage theory that is suitable for our country's medical, cultural, and legal systems. In addition, in extreme situations where one party's performance of multiple life protection obligations can immediately lead to a breach of duty, excessive legal and mental burdens should not be placed on doctors. For this purpose, it would be desirable to establish clear criteria that can serve as legislative selection guidelines.

Pancasila in Modern Indonesian Legal Reform: Addressing Current Cases and International Debates on Ideology and Law

Pancasila, the foundational ideology of Indonesia, remains a cornerstone of the nation’s legal and political frameworks. However, the application of Pancasila in modern legal reform faces significant challenges, particularly in addressing contemporary legal cases and navigating international debates on ideology and law. This study examines the dynamic interplay between Pancasila’s principles and Indonesia’s legal reform efforts, focusing on their relevance to pressing domestic and global issues. The urgency of this research arises from the increasing tension between Indonesia’s ideological commitments and the pressures of globalization, human rights norms, and transnational legal principles. This research contributes novelty by analyzing specific case studies that highlight the complexities of integrating Pancasila within modern legal practices. It also addresses critiques from international actors who question Indonesia’s adherence to global legal standards while maintaining ideological authenticity. Using a doctrinal and socio-legal approach, this study evaluates the role of Pancasila in shaping legal doctrines, court decisions, and legislative reforms in Indonesia. The findings reveal that while Pancasila provides a robust framework for addressing social justice and national unity, its interpretation and implementation often encounter inconsistencies and resistance. By critically engaging with international debates on ideology and law, this research offers practical insights for aligning Pancasila with evolving legal and societal demands. It serves as a valuable resource for policymakers, legal practitioners, and scholars in Indonesia and beyond, fostering a deeper understanding of the ideological foundations of legal reform.

Tłumaczenie tekstów aktów prawnych w kontekście ich wielopoziomowości

TRANSLATION OF LEGAL ACTS IN THE CONTEXT OF THEIR MULTI-LEVEL NATUREThe main aim of the article is to discuss the problem of translating legal texts from the perspective of their multi-level nature. The need to distinguish the descriptive, normative, and presuppositional layers of legal acts, emphasized in legal doctrine, seems to strongly impact the translation strategy adopted by the translator. Starting from this assumption, the author finally formulates the thesis that the shape of the strategy mentioned earlier also affects the practice of interpretation and application of legal acts, which leads to formulating a postulate regarding the marking of the translation layer of a legal act.

On Problems of Establishing State Sovereignty over Antarctic Territories: China’s International Legal Position

INTRODUCTION. The Antarctic region is unique in terms of organizing effective management by a large number of states at the same time. For this purpose, the Antarctic Treaty was concluded, which made it possible to prevent the conflicts. Nevertheless, not long ago the concept of territorial division of this region has been actively discussed. China, being one of the most economic rapidly developing states, which implies its interest in strengthening its influence in the Antarctic region, also actively participates in solving the problems related to the legal regulation of the Antarctic region. The purpose of the article is to determine the position of China in relation to the activities in the Antarctic region in general, as well as, establishing state sovereignty over the territories of Antarctica.MATERIALS AND METHODS. The research uses various documents of international legal nature, including international treaties, doctrinal sources and national legislation of foreign countries. The research is carried out with the use of general scientific and special scientific methods. RESEARCH RESULTS. The article provides a comprehensive analysis of the Chinese international legal doctrine concerning the establishment of state sovereignty over the Antarctic territories and makes assumptions on further development of China in the Antarctic region. The main directions of China’s activity, including related to national security and extraction of natural resources, were analyzed. The provisions of the “White Book of China on Antarctica” were also analyzed. In addition, China’s initiatives concerning the establishment of Marine Protected Areas, Specially Managed Areas were examined. The question of whether China has its own Antarctic policy was answered.DISCUSSION AND CONCLUSIONS. The examination of the problems of establishing state sovereignty over the Antarctic territories from the point of view of China allows us to conclude that at the moment China does not have a developed Antarctic policy and is at the stage of its formation. China’s attempts to influence the Antarctic management system began in 2005, when the establishment of the Specially Managed Areas was suggested. Since then, China’s influence has continued to grow. China acted and continues to act in accordance with the Antarctic Treaty System, which indicates that China is not willing to change the system of management of the region to the system of territorial division. At the moment, China’s interests in Antarctica are characterized by an increased focus on scientific research, environmental protection and international cooperation. China’s influence in the region is expected to increase.

KONSEP TINDAK PIDANA PEMBUNUHAN BIASA DAN PEMBUNUHAN BERENCANA DALAM KATEGORI KEJAHATAN TERHADAP NYAWA

The crime of murder is included in the category of crimes against life. The qualifications for the crime of murder consist several forms listed in Articles 338-350 of the KUHP. Broadly speaking, forms of murder are divided into two, the crime of ordinary murder and the crime of premeditated murder. These two forms of criminal acts of murder have differences, namely in the element of planning. The provisions of Article 338 of the Criminal Code explain murder in basic form, namely the intentional killing of another person. Meanwhile, Article 340 of the Criminal Code explains the deliberate taking of another person's life which is preceded by a plan. However, the meaning planning element in the Criminal Code is not explained in detail. This needs to be studied further regarding the differences between ordinary murder and premeditated murder. In analyzing this research, the author uses a normative juridical method with a statutory regulatory approach and a conceptual approach. The results of this research show that when it comes to planning elements, criminal events and the evidentiary process are seen which are linked to the theory of legal science doctrine applied by judges as a guide in making legal considerations in decisions

О роли доктрины в уголовно-процессуальном регулировании

Introduction. The The author researches the role of legal doctrine in the regulation of relations in the sphere of criminal proceedings.It is noted that the differences in the positions of scientists regarding the recognition of legal doctrine as a source of Russian law are derived from the differentiation of views on the concepts of “doctrine” and “source of law”. There are two types of legal doctrine: doctrine as a set of provisions of legal science (scientific legal doctrine) and doctrine as official documents of doctrinal nature (official doctrine). The term “source of law” is used in two meanings - as a law-forming factor, the beginning, the origin of law (material source of law) and as a form of law, a way of establishing legal norms (formal-legal source of law). The possibility of relating the designated types of legal doctrine to substantive and formal-legal sources of criminal procedural law is analysed. Methods. Methods of analysis, synthesis, formal-legal, logical, sociological and other methods of scientific cognition formed the methodological basis of the research. Results. The author has concluded that legal doctrine is a material source and the most important tool of cognition of criminal procedural law. The author argues that legal doctrine cannot be recognised as a formal-legal source of criminal procedural law.

Constitutional Doctrine of Ukraine: Problems of Legalization, Transformation, and Europeanization

The discussion in Ukrainian constitutional law indicates a rather restrained assessment of the current state of Ukraine’s constitutional doctrine. However, this does not prevent the author from asserting that, after more than a quarter of a century of activity by the Constitutional Court of Ukraine, it is now possible to speak of certain achievements, particularly in the application and development of doctrines established in Western democracies. These include, in particular, constituent power and the supremacy of the constitution, as well as other constitutional and legal doctrines. While these doctrines are far from complete, the contours of those that are still in the stage of formation and development, as well as some promising ones, are already visible. To ensure that the process of forming Ukraine’s constitutional doctrine has a consistent, systematic character, and to increase its legal significance and normative weight (power), the article supports the legislative initiative of Ukrainian parliamentarians regarding the legalization of the category "constitutional doctrine of Ukraine." This should be understood in a narrow sense, as a product of the activities of a constitutional jurisdiction body embodied in legal positions. At the same time, the latest version of the draft law, which completely nullifies all progressive achievements in this area during the last post-reform period, was critically evaluated. Currently, Ukraine’s official constitutional doctrine is influenced by both American and European constitutional paradigms. This influence is clearly visible in the consistent endorsement of freedom and human dignity as fundamental constitutional values by the Constitutional Court of Ukraine. This is the case even though freedom is not directly defined as a value by the Constitution of Ukraine. It is important to note that freedom and human dignity are values from different legal systems (traditions): American (Anglo-Saxon) and European (especially German), respectively. The question of their mutual coexistence can be the subject of discussions and even disputes. Regarding the value of human dignity, the position of the constitutional jurisdiction body is closely aligned with prevailing views on the European continent. The category of freedom acquired constitutional status due to the official interpretation of the Constitution of Ukraine by the body of constitutional control, particularly in relation to human rights and freedoms. Now, it is time for its full approval, but in a different capacity. This pertains to the freedom of the Ukrainian people, which is being forged on the battlefield during this historic period.

Казуальные средства противодействия суицидальному поведению в российском уголовном законодательстве

Introduction: the author states that anti suicidal norms in the Criminal Code of the Russian Federation are not limited by Articles 110 – 1102 but involve other – “casual” or case-by-case” – means to prevent suicidal behavior that impact on the definition of the acts in the event of the committing suicide by the victim. Bearing in mind that these norms nave not been analyzed, the purpose of the study is to fill the gap in the legal doctrine. Materials and Methods: the author used general and juridical research methods, namely, dogmatic, system, and logical. During the study the author used legal acts, court acts, court decisions, studies of legal academics, as well as poll results (594 criminal law practitioners). Results: during the course of the present research the author considers controversial issues related to the qualification of crimes for which suicide is not a constituent element, but, however, a factor that affects their juridical appraisal. Based on the results of the study, the author suggests some guidelines for legal practitioners. Discussion and Conclusions: the author concludes that casual means of counteracting suicidal behaviour take place both in the General and in the Special Part of the Criminal Code of the Russian Federation. Most often they take the form of the “grave consequences” aggravating factor. Despite the fact that this understanding has become widespread in practice, a number of controversial issues related to it remain unresolved and require answers at the level of the Plenum of the Supreme Court of the Russian Federation.