THEORETICAL AND HISTORICAL LEGAL SCIENCES
The article focuses on the project aimed at implementing zemstvo self-government in the provinces and regions of Eastern Siberia, formulated by the Tsarist government in 1916–1917. The research draws upon documents from the Russian State Historical Archive, with some being presented in scientific discourse for the first time. Based on a comparative analysis of the reform proposed by representatives of the higher East Siberian bureaucracy and the draft law developed by the Ministry of Internal Affairs, it is concluded that there are two directly opposite approaches to the implementation of reforms. Emphasis is placed on the fact that regional authorities placed greater focus on the geographical, demographic, and socio-economic characteristics of Eastern Siberia, whereas central authorities prioritized the overarching framework for establishing a system of local governance and self-government, aligning with the prevailing theoretical principles of municipal law of that era. A study of the government bill on the management of zemstvo in the provinces of Yenisei and Irkutsk and in the Yakut region showed that it was an attempt to adapt the Zemstvo situation of 1890 to the conditions of one of the outskirts of the Empire, the specifics of which consisted in the absence of noble institutions and the weak development of private land ownership. Through a formal legal analysis, the strengths (such as decentralization of local self-government and transfer of resettlement management infrastructure to zemstvo institutions) and weaknesses (such as high property qualifications for voting unsuitable for the region and limitations on the competence of zemstvo self-government) of the government's proposed reform were identified. Examining the draft law for the implementation of zemstvo in the Irkutsk Governorate within the broader context of other government reform projects for zemstvo self-government from 1906 to 1917, which aimed at both substantial alterations to the existing zemstvo system and its expansion into "non-zemstvo" regions, provided insights into the prevailing perspectives of the highest bureaucratic echelons in the early twentieth century regarding the genesis and appropriate structuring of local self-governance. This, in turn, facilitates a deeper comprehension of the internal rationale behind its legislative endeavors and, consequently, the boundaries of the reform undertaken by the pre-revolutionary government.
The article conducts a comparative analysis of perspectives held by key advocates of the right to a dignified life in Russia, while also critically reflecting on these viewpoints. This contributes to the ongoing discourse within contemporary Russian scholarship on the existence and implications of the right to a dignified life. To this end, the views of pre-revolutionary thinkers are considered including S. Solovyov, P. I. Novgorodtsev, I. A. Pokrovsky, B. A. Kistyakovsky and S. I. Gessen regarding the problem and their development. A comparative analysis of these perspectives highlights significant divergences on the following matters: 1) whether to acknowledge solely the right to life itself (as advocated by Pokrovsky) or the right to a dignified life (as argued by Novgorodtsev); 2) whether the right to a dignified life should remain solely a moral entitlement (as suggested by Solovyov) or also encompass a positive legal entitlement (as posited by Kistiakovsky); 3) whether the right to a dignified life necessitates a transition from capitalism to socialism (as proposed by Kistiakovsky) or not (as contended by Novgorodtsev). These thinkers have yet to resolve several fundamental issues essential for substantiating any subjective right, whether moral or positive. Furthermore, the reliance of their proposed justifications on the socio-economic context prevents the recognition of the right to a dignified life as natural, unconditional, and inalienable. To address these issues, the author draws upon the Western philosophical and legal tradition. It has been shown that Western scholars' efforts to establish the moral foundations of human rights are closely tied to the aspiration of ensuring a decent standard of living for every individual. A common rationale for both firstand second-generation human rights lies in the challenges associated with justifying the right to a dignified life. These challenges highlight the broader difficulties in justifying human rights as a whole. As a potential solution to the aforementioned challenges, it is suggested to view socio-economic rights solely as a mechanism for safeguarding personal and political rights, rather than as a means to guarantee a "dignified" life. But in this case, the right to a dignified life is unlikely to be classified as a universal human right.
PUBLIC LEGAL (STATE LEGAL) SCIENCES
The article analyzes the role and significance of the current Constitution of the Russian Federation. The analysis delves into both the merits and shortcomings of the approach, acknowledging initial limitations as well as those that emerged during subsequent development and structural reforms. The accumulated challenges over the thirty-year span of its operation underscore the necessity for reform and modernization of its norms to enhance constitutional law and legislation. Attention is drawn to the fact that the Constitution of the Russian Federation began to be subjected to meaningful and constructive criticism from the moment of its adoption as a document of the transition period. It is emphasized that advancing and refining national constitutional legislation is contingent upon drawing from progressive international practices and ensuring the preservation of social principles and traditional values inherent to its diverse populace. It is concluded that the provisions outlined in the Constitution of the Russian Federation serve as a fundamental component of the country's national security, providing legal assurance for the preservation of state sovereignty, independent domestic and foreign policies, as well as national and constitutional identity. The aim of this study is to argue for the imperative of comprehensive modernization of the Constitution of the Russian Federation. It seeks to formulate specific recommendations and proposals for the Federal legislature to address current gaps and contradictions in its legal framework. The examination of changes and additions to the current Constitution of the Russian Federation during the constitutional reforms of 2014 and 2020 has highlighted significant deficiencies in the content of several provisions within Chapters 1 and 2, which remain unchanged. This underscores the imperative for further reform, not only within the constitutional mechanisms governing the functioning of the state apparatus but also across all branches of government in Russia. In achieving the research goal, the author drew upon contemporary cognitive methods identified and refined by legal science, validated through practical application. The research methodology was founded on a materialistic interpretation of the fundamental laws governing the development of the state and society, alongside a conceptual analysis of legal reality. This approach facilitated a comprehensive exploration of the categorical understanding of constitutional law and legislation, revealing their intricacies in inseparable unity with other legal phenomena and categories. Throughout the research, a combination of specific scientific and specialized methods of cognition were employed, including formal logical reasoning, historical analysis, synthesis, abstraction, and modeling, among others.
The article highlights that the distinctive features of administrative and procedural legal relationships encompass not only their underlying causes but also their substance and participants. Considering the content of administrative procedural legal relations, attention should be paid to the nature and essence of the administrative process as a law enforcement activity. One of the unique aspects of administrative procedural legal relationships, as a form of law enforcement in the public domain, is that one of the parties involved will always be an individual vested with not just procedural powers, but also authority over other participants in the administrative process. Consequently, such relationships assume a public and authoritative character, where the dominant participant in administrative and procedural legal relations advocates not merely their personal rights and obligations, but rather the interests of the state and society. It is also noted that the basis of administrative procedural activity as a type of legal activity is the commission of administrative procedural actions, and not procedures, as many procedural scientists assume. In this context, it is worth noting that the foundation of any law enforcement endeavor lies in the execution of legally significant actions, leading to the emergence of legal consequences. At the same time, the procedure cannot be used as the basis of a legal process, since it itself consists of actions. Therefore, dividing the procedure into material and procedural is a mistake. The paper proposes that categorizing proceedings for the preparation, adoption, and publication of normative legal acts as part of the administrative process is contentious. This is because this type of procedure significantly diverges from other administrative proceedings in terms of objectives, stages, and the types of decisions made within its framework. However, it has a procedural nature, but together with the legislative process, it should most likely be combined in the rule-making process rather than be included in the administrative process. The methodological basis of the article is dialectical, formal-logical methods, formallegal method and method of interpretation of law.
PRIVATE LEGAL (CIVILITY) SCIENCES
This research focuses on the current legislative provisions of the Russian Federation governing the organization and execution of electronic auctions. It also examines law enforcement case studies that highlight challenges in proving technical malfunctions during such proceedings. The aim of this scientific research is to pinpoint the challenges in demonstrating technical malfunctions during electronic bidding for the disposal of state and municipal property rights, alongside identifying potential solutions to address these issues. This research employed various methods of scientific inquiry, including general theoretical approaches such as synthesis, analysis, generalization, deduction, etc., as well as general scientific methods such as system-structural analysis and specific scientific methods such as comparative legal and formal legal analysis. Consequently, employing these methodologies, the research delves into the intricacies of electronic trading, examines the responsibilities of electronic platform operators, and scrutinizes the challenges associated with proving a technical failure during electronic bidding. It was found that the key distinguishing feature of electronic trading is the presence of an additional participant – the operator of the electronic platform – and the presence of the electronic platform itself as a venue for electronic bidding. Responsibility for various technical failures on the electronic platform lies with the platform operator. Conclusions drawn from the scientific research indicate that the primary evidence of a technical failure during electronic trading comprises screenshots and video recordings, both of which must adhere to specific criteria. Specifically, these records must distinctly demonstrate the occurrence of a technical failure, directly attributed to the electronic platform hosting the electronic auctions, such as a software glitch or technical error visibly captured on the screen. They should also showcase the functionality of the plaintiff's own software and hardware, including a stable Internet connection. Typically, the applicant/plaintiff must provide evidence that an Internet connection with the electronic platform cannot be established while other Internet pages are functional simultaneously. Moreover, these records should possess adequate quality, enabling the determination of the date and time when the respective screenshots were captured or the corresponding videos were recorded.
CRIMINAL LEGAL SCIENCES
The subject of this study encompasses the legal relations that emerge between citizens and officials within operational units of governmental bodies. Operational investigative activities typically occur covertly, rendering the involvement of a lawyer in such clandestine processes and the provision of qualified legal assistance to individuals subject to secret operational investigative measures impossible. This contravenes the core nature of operational investigative activities, which inherently rely on secrecy and confidentiality. Simultaneously, during the initial covert operational search activities, operational personnel, upon gathering requisite materials and information, reveal their affiliation with law enforcement agencies and proceed to detain a suspected individual. The objective of this study is to delineate the mechanism for safeguarding the right to competent legal assistance for individuals subjected to coercive actions by operational personnel. At the moment of transformation of covert operational investigative measures into public, the rights and freedoms of the person in respect of whom these measures were carried out may be limited and he needs to use the constitutional right to receive qualified legal assistance from a lawyer. The conclusions of the study. During the concluding phases of verification procurement, operational implementation, controlled delivery, and operational experimentation, if a determination is made to decrypt and publicly document the outcomes of operational searches, operational personnel undertake actions that curtail the rights and freedoms of individuals suspected of criminal involvement. Specifically, the following rights are briefly curtailed: the right to freedom of movement; the right to utilize means of communication; the right to inviolability of the home; the right to utilize and manage one's property (buildings, structures, land areas, and vehicles), encompassing objects, substances, and documents therein. The apprehension of a suspected individual, their personal search, and the inspection of the premises by law enforcement authorities are essential and integrated components of the operational search operation, initially conducted covertly and later transitioning into a public process. In this context, all obtained results should be collectively considered and appraised as the unified outcome of a specific operational search operation, subsequently formalized by an operational officer through a singular protocol detailing the entirety of these operational search activities. Once officials from operational units curtail the right to personal inviolability, freedom of movement, and other constitutional rights and freedoms, the suspected individual must be afforded the opportunity to exercise their right to competent legal assistance, as stipulated in Article 48 of the Constitution of the Russian Federation. Operational staff are required to notify the lawyer of the suspected person and ensure his admission to the place of the operational search activity. A lawyer retains the right to be present at any phase of publicly documenting the outcomes of an operational search operation and, as part of rendering legal assistance, can insist on adherence to the rule of law and provide comments in the protocol.
The paper addresses the complexities surrounding the establishment of criminal liability for actions concerning the destruction, illegal extraction, and trafficking of particularly valuable, rare, and protected flora specimens. Official statistics data regarding the frequency of criminal acts committed in the realm of natural resource management and environmental protection are provided, offering a clear depiction of the state of legal protection and conservation efforts concerning flora specimens. To substantiate the rationale behind criminalizing acts pertaining to the destruction, illicit trafficking, and extraction of rare plant and fungi species, the author furnishes specific examples showcasing legislative violations in the realm of flora protection. An analysis of current criminal law, particularly Chapter 26 “Environmental Crimes”, is conducted to evaluate the efficacy of existing measures in safeguarding particularly valuable and rare flora specimens. Upon analyzing judicial statistics data, it has been determined that the current provisions of criminal law concerning the protection of flora specimens (Article 259 of the Criminal Code of the Russian Federation) are ineffective and largely unenforced. To enhance the effectiveness of protecting particularly valuable flora specimens, it is imperative to implement new legal mechanisms aimed at preserving and sustaining Russia's unique biological diversity. The article provides a description of the offense, for which liability is stipulated in Article 260.1 of the Criminal Code of the Russian Federation: “Intentional destruction or damage, as well as illegal extraction, collection, and trafficking of particularly valuable plants and fungi species belonging to those listed in the Red Book of the Russian Federation and/or protected by international treaties of the Russian Federation”. It is especially noted that with the enactment of Article 260.1 of the Criminal Code of the Russian Federation, the legislator has adopted a unified approach to the criminal law protection and preservation of both wildlife and plant species listed in the Red Book of the Russian Federation and/ or protected by international treaties of the Russian Federation. The elements of criminal offenses (as well as sanctions for them), the responsibility for which is established by Article 260.1 of the Criminal Code of the Russian Federation, are constructed by analogy with Article 258.1 of the Criminal Code of the Russian Federation. The conclusion is made about the expediency and necessity of criminalization in domestic legislation of acts related to the extraction and trafficking of especially valuable plants and fungi listed in the Red Book of the Russian Federation. The author makes proposals to improve criminal legislation in the field of establishing liability provided for in Article 260.1 of the Criminal Code of the Russian Federation.
The article analyzes new concepts introduced by Federal Law No. 478-FZ of December 5, 2022, such as propaganda of non-traditional sexual preferences, pedophilia and gender reassignment. The aim is to comprehend the significance of the mentioned categories and their potential ramifications on law enforcement practices and forensic activities. The meaning of these terms is primarily considered based on the sociocultural context. The assessment of the level of traditionalism regarding sexual preferences and gender-fluid behavior is conducted uniquely within specific societies, governed by their respective rules and norms. It is noted that the international and Russian societies hold qualitatively distinct attitudes toward these phenomena. Special attention is paid to the analysis of propaganda of the phenomena under consideration. It is noted that in Russian society, propaganda is not always correctly interpreted; often it is replaced by the categories of 'justification' and 'call to action,' which have different meanings. In particular, the category "pedophilia propaganda" is considered, the contradictory nature of the result of the joint use of these nominations is emphasized: if pedophilia is understood as a disorder of sexual preference, its propaganda is impossible. Based on this logical discrepancy, a conclusion is made about the possible need to amend criminal, criminal procedure and penal enforcement legislation. The author presents definitions for the three terms under discussion. Regarding the propaganda of non-traditional sexual preferences, pedophilia, and gender reassignment, the article's author proposes understanding it as the persuasion of the general audience in the validity and necessity of embracing corresponding ideologies. The potential for forensic expert engagement in detecting distinctive markers of propaganda related to the discussed phenomena is outlined. A three-stage algorithm for expert analysis is suggested: identifying the central theme of contentious content, discerning the author's stance and inclination towards shaping the audience's receptiveness to the declared viewpoint. The overarching conclusion is drawn that the enactment of laws prohibiting LGBT propaganda necessitates continued collaborative efforts among a diverse range of specialists. These efforts should be directed towards establishing a shared understanding of the new terms, addressing clinical, diagnostic, and legal challenges, and developing methodological frameworks to support law enforcement and expert activities.
Alongside establishing the procedure for criminal proceedings, a primary objective of criminal procedure legislation is to precisely define the legal status and procedural powers of participants in criminal procedure relations. This involves setting the boundaries of their rights and obligations. Accordingly, particular emphasis should be placed on delineating the subject matter of criminal proceedings by devising a plan to enhance their position, role, and procedural status. The aim of the study is to scrutinize legal issues concerning the exercise of procedural powers by various participants in criminal proceedings and to explore avenues for enhancing the composition of criminal pre-trial proceedings. The article delves into matters concerning the procedural role of the investigator and examines their interaction with the procedural leader and the prosecutor. Special attention is paid to the procedural status of the person in respect of whom a crime report is being checked, the problem of criminal prosecution when checking a crime report is revealed, the roles and functions of an educator and a psychologist are investigated. In addition, the author substantiates the idea of expanding the range of participants in the pre-trial stages. The methodological framework of this work encompasses principles from the general scientific method of cognition, including formal logic, generalization, analysis, and description. It also draws upon methodologies from the fields of general theory of law, criminal procedure, criminology, psychology, pedagogy, logic, and other related sciences. As a result, the following conclusions were drawn. When exploring the primary issues concerning the enhancement of participants' procedural status in pre-trial proceedings, the author proposes considering the following provisions: shifting departmental procedural oversight and prosecutorial supervision in favor of the latter and establishing a unified format for preliminary investigation; engaging the suspect at the initial stage of a criminal case; elucidating the purpose and function of involvement by educators and psychologists in the case; broadening the subject composition by granting individual participants procedural petitioner status.
ISSN 2658-7610 (Online)