Release: 2025-2 (46)

2025-2 (46)
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ADMINISTRATIVE LIABILITY FOR ELECTORAL OFFENCES IN THE RUSSIAN FEDERATION

Page:7-15

DOI: 10.21777/2587-9472-2025-2-7-15

Annotation: The article eescribes administrative offenses affecting the electoral rights of citizens, which are an integral ele- ment of a democratic rule of law state. The object of the study is offenses that infringe on the right guaranteed by the Constitution of the Russian Federation to vote and be elected. The subject of the analysis is the norms of administrative legislation governing liability for such offenses, as well as law enforcement practice. The article describes the most common types of administrative offenses, including bribery of voters, illegal campaigning, forgery of signatures and interference in the activities of election commissions. The analysis of the norms of the Code of Administrative Offences of the Russian Federation and the Federal Law «On Basic Guar- antees of Electoral Rights and the Right of Citizens of the Russian Federation to Participate in a Referendum» is carried out. The methodological basis of the research consists of methods of legal analysis, synthesis, as well as a comparative approach to the study of national and international experience. The most problematic areas related to violations of electoral legislation are revealed and specific measures to improve legal regulation are suggested. The article also presents various scientific approaches to the problem of administrative responsibility and formulates its own reasoned position. The work may be of interest to lawyers, experts in the field of electoral law, as well as government authorities. In the text of the article, the Russian Federation is abbreviated as RF.

THE SPECIFICITIES OF ACQUIRING CITIZENSHIP IN NEW SUBJECTS OF THE RUSSIAN FEDERATION

Page:16-21

DOI: 10.21777/2587-9472-2025-2-16-21

Annotation: The presented work analyzes the institution of recognition as a citizen of the Russian Federation as a new basis for acquiring citizenship, introduced in 2023 by the Federal Law “On Citizenship of the Russian Federation” and a number of federal constitutional laws adopted due to the accession of new regions to Russia. Based on the results of the analysis, the need to review the procedure for automatic recognition as Russian citizens of those citizens of Ukraine who arrive in Russia from third countries, having previously lived in territories that came under the control of the Russian Federation after September 30, 2022, is justified. Based on the results of a brief study, the author proposes to revise the legislator’s approach to the automatic recognition by Russian citizens of those Ukrainian citizens who have permanent registration in the territories which became part of Russia after September 30, 2022, and did not express their intention to return to their place of residence or apply for Russian citizenship during a special military operation. This proposal concerns, first of all, those persons who arrive in the Russian Federation from third countries. In the text of the article, the Russian Federation is abbreviated as RF.

IMPOROPER USE OF PREMISES IN RUSSIAN CIVIL LAW

Page:22-28

DOI: 10.21777/2587-9472-2025-2-22-28

Annotation: The article examines the issues of legislative regulation and trends in law enforcement practice in the field of improper use of premises in light of changes in the provisions of civil legislation in this area. The article ana- lyzes a few examples of judicial practice in this category of cases. It evaluates the arguments on the possibility of applying Art. 287.7 of the Civil Code of the Russian Federation not only to premises, but also to buildings. Attention is drawn to the extensive intervention of public law in the issue of the targeted use of real estate by participants in private law relations. Based on the results of the study, the author concludes that the issue of the purpose of using non-residential premises is not clearly regulated by law and may cause ambiguous interpretation in law enforcement practice. The consoli- dation of the type of permitted use of capital construction objects in urban planning legislation took place even before the analyzed tough sanction appeared, which could lead to the termination of ownership of a valuable real estate object. In the light of the significant tightening of sanctions for the misuse of premises, science and judicial practice have yet to formulate approaches to the border of discretion of participants in private law relations when using objects belonging to them. In the text of the article, the Russian Federation is abbreviated as RF.

LEGAL STATUS OF PROPERTY OF THE HIGHER EDUCATIONAL INSTITUTIONS IN RUSSIAN FEDERATION

Page:29-36

DOI: 10.21777/2587-9472-2025-2-29-36

Annotation: This article describes the actual problem of the legal regime of the property of higher education institutions, highlights aspects of this issue, including differences in the legal status of institutions depending on their type (budgetary, private, autonomous) and the objectives of their activities. In recent years, Russia has been experienc- ing significant changes in the sphere of higher education and property management of the educational institutions. New laws and bylaws may affect the legal status of property, which requires constant monitoring and analysis. With limited government funding, higher education institutions are becoming increasingly dependent on their own income, including rental and use of property. This emphasizes the need to clearly define the legal status of their property for effective management and development. The importance and necessity of a clear regulation of the rights and obligations of higher education institutions in relation to property, the forming of an effective mechanism for access to public resources, and the clarification of legislation in this area for the development of higher education institutions are substantiated. The variable and constant parts of the nature of the “property owner-institution” relationship model are revealed. The dependence of the legal regime of property on the posi- tion of the legal entity in operational management is shown. In the text of the article, the Russian Federation is abbreviated as RF.

PRIVATE LAW ASPECTS OF PROVIDING EARLY ASSISTANCE TO CHILDREN WITH DISABILITIES IN RUSSIA

Page:37-43

DOI: 10.21777/2587-9472-2025-2-37-43

Annotation: The article discusses the private legal framework for regulating the provision of early assistance to “at-risk” children for the development of limited health opportunities, as well as to children with established disabilities. The author pays attention to the norms of family and civil law, as well as the norms of social security law in their private legal aspect, when organizing the process of providing early assistance to children. The study par- ticularly emphasizes the complex nature of early assistance, not only from the perspective of legal regulation by the norms of various branches of law, but also from the perspective of the subject – the recipients of early assistance are not only children with health problems themselves, but also their family members, whose circle is not limited to parents, as well as other legal representatives. A special place in the study is given to the analysis of various aspects in the field of the possibility of using digital and other modern remote technologies in the process of providing early assistance. In the text of the article, the Russian Federation is abbreviated as RF.

THE REASONS FOR THE INCREASE IN THE NUMBER OF PERSONS IN CUSTODY IN THE MODERN PERIOD

Page:44-52

DOI: 10.21777/2587-9472-2025-2-44-52

Annotation: Detention refers to preventive measures, in the election of which the interests of the parties involved in criminal proceedings most acutely clash. Despite its objectively inherent shortcomings, expressed primarily in the restriction of essential human rights, detention continues to be an uncontested measure in the investigation of the most socially dangerous acts. The evidence of the urgency of the problem is repeated (over 40 times!) introduction by the legislator of amendments and additions to the articles of the CPC regulating the grounds for appointment and terms of detention. The Constitutional Court of the Russian Federation also addressed the clarification of their constitutional and legal meaning. Statistical data from recent years indicate a steady decrease in the number of registered crimes in the country, which has decreased by more than 1 million in 15 years. Contrary to this, in recent years the number of persons detained in pre-trial detention centers and pre-trial detention facilities in the context of the penal enforcement system of the Ministry of Justice of the Russian Federation has been increasing. Moreover, the growth continued, despite the annual decrease in the number of applications granted by the courts for the election of this preventive measure. According to the authors, the main reason for this phenomenon is due to the continued “aggravation” of the crime structure and the resulting tendency to increase the length of detention both to the maximum permissible and beyond it. The authors make extensive use of statistical data in the article, presented on the official websites of various departments, as well as the results of the last two special censuses of convicts and persons in custody, in the analysis of which they were directly involved. In the text of the article, the Russian Federation is abbreviated as RF.

SUBJECTIVE SIGNS OF ECOCIDE AS A WAR CRIME

Page:53-58

DOI: 10.21777/2587-9472-2025-2-53-58

Annotation: The article is devoted to the study of the subject and the subjective side of ecocide as a war crime. In the vast majority of cases, ecocide is committed during armed conflicts. The main subjective feature of the crime of eco- cide is the intentional form of guilt. Intent can be direct or indirect. Considering certain doctrinal approaches to understanding ecocide, it can be defined as a crime against the safety of mankind, which is expressed in the deliberate infliction of extensive, long-term and serious damage to the natural environment, resulting in a threat to the ecological safety of mankind, violating international obligations to conduct military operations by ac- ceptable means and methods. Ecocide committed during an armed conflict can be defined as a war crime, which consists in the use of means and methods of warfare prohibited by international law, resulting in extensive, long- term and serious damage to the natural environment, creating a threat to the ecological security of mankind. The subject of ecocide can be either general or special. However, taking into account the situation of ecocide (armed conflict), the subject of this crime will be a special one – a serviceman or an official of the armed forces. In the text of the article, the Russian Federation is abbreviated as RF.

THE FEATURES OF QUALIFICATION OF THE INSTIGATOR’S ACTIONS IN THE COMMISSION OF VANDALISM

Page:59-63

DOI: 10.21777/2587-9472-2025-2-59-63

Annotation: Criminal and legal assessment of instigators who induce other co-conspirators of a socially dangerous act to commit a crime under Article 214 of the Criminal Code of the Russian Federation often causes difficulties for law enforce- ment subjects. For this reason in the activities of law enforcement agencies there are errors in the form of insufficient or incorrect qualification of unlawful acts. Based on the study of 155 criminal cases, the authors have identified the main methods of incitement: bribery (57% of cases), persuasion (39%), as well as rare cases of blackmail, deceit and offers (4%). The authors pay special attention to the ways in which property owners or representatives of legal entities use incitement to obtain insurance payments, as well as the involvement of minors in the commission of vandalism. Judicial and law enforcement practice, as well as scientific literature containing the rules of qualification of crimes in the presence of an instigator are analyzed. The result of the conducted research is the proposals on application of the provisions of the current criminal law. In the text of the article, the Russian Federation is abbreviated as RF.

THE PRINCIPLE OF NEMO JUDEX IN PROPRIA CAUSA IN CIVIL AND ADMINISTRATIVE CASES

Page:64-69

DOI: 10.21777/2587-9472-2025-2-64-69

Annotation: The article analyzes the content of the legal principle nemo judex in propria causa within the framework of the domestic legal system. The variety of formulations of this principle is analyzed, as well as its legal nature in the context of the correlation of legal principles and legal axioms. The procedural and legal norms in which this principle finds its expression are considered in detail. Judicial practice regarding the application of this prin- ciple in the consideration of civil and administrative cases by courts is being studied. The conclusion is drawn about the extended interpretation of the nemo judex in propria causa principle in the domestic legal system in terms of its application not only in relation to courts, but also in the framework of the activities of other subjects of legal relations considering legal cases or performing other legally significant functions. It is concluded that the principles of independence and competitiveness do not coincide with this principle. At the same time, it is proposed to disclose in the procedural rules the principle of impartiality, a special case of which is the principle of nemo judex in propria causa. In the text of the article, the Russian Federation is abbreviated as RF.

THE RISKS OF USING ARTIFICIAL INTELLIGENCE IN FORENSIC SCIENCE AND WAYS TO OVERCOME THEM

Page:70-76

DOI: 10.21777/2587-9472-2025-2-70-76

Annotation: The article discusses the key issues of the integration of artificial intelligence in the practice of expert activity in judicial proceedings. At the same time, the problem of the “black box” – the opacity of algorithms, which prevents a full legal assessment of the results – is highlighted. The complexity of the explainability of deep neural network solutions and their incompatibility with the requirements of procedural law, which provides for the verifiability and reproducibility of expert opinions, is analyzed. The authors discuss modern methods for increasing the transparency of artificial intelligence, as well as multi-level expert verification with mandatory documentation of procedures. The need for interaction between developers, experts and lawyers to create legally acceptable and scientifically sound systems is emphasized. Special attention is paid to the role of an expert in the context of digitalization. The risk of replacing an expert with algorithmic solutions and the associated decrease in the quality of judicial conclusions and loss of professional autonomy is considered. In general, the authors note that the successful implementation of artificial intelligence in judicial practice requires a balance between technological innovations and maintaining the key role of an expert, as well as the forming of a comprehensive regulatory framework that ensures transparency, legality and quality of expert opinions. In the text of the article, the Russian Federation is abbreviated as RF.

ORGANIZATIONAL AND LEGAL SUPPORT OF DEMOGRAPHIC SECURITY OF THE RUSSIAN FEDERATION

Page:77-87

DOI: 10.21777/2587-9472-2025-2-77-87

Annotation: The aim of the work is to study the organizational and legal support of Russia’s demographic security in the con- text of modern existential threats, to develop proposals for improving legislation in this area, as well as a general legal assessment of the prospects for their further implementation. The concept and essence of demographic security are revealed in the context of the execution of Decree of the President of the Russian Federation dated 05.07.2024 № 309 «On the national Development Goals of the Russian Federation for the period up to 2030 and for the future up to 2036». The political and legal approach to the importance of family and marriage institutions is substantiated. The assessment of the legal correctness and socio-economic feasibility of legal regulators of migration policy in Russia is given, taking into account the new Federal Law № 138-FZ dated 04.28.2023 «On Citizenship of the Russian Federation». Proposals have been developed to improve legal regulation in the field of population maintenance in accordance with Russian national interests. Methodology: general scientific research methods (analysis and synthesis, induction and deduction, systematic and sociological analysis, comparative analytics) and methods of legal science, including comparative law and formal law, content analysis of legislative acts and court decisions, the method of adaptive forecasting in terms of the effectiveness of law enforcement. In the text of the article, the Russian Federation is abbreviated as RF.

EUROPEAN DEMOCRACY AND RUSSIA: CREATING THE IMAGE OF THE ENEMY. A VIEW FROM ITALY

Page:88-92

DOI: 10.21777/2587-9472-2025-2-88-92

Annotation: This article analyzes the international legal problems of sanctions imposed by European states against Russia fr om the standpoint of democratic principles of modern states and sovereignty of states, and offers a critical view of Western anti-Russian propaganda justifying sanctions. The article concludes that the West's "demoniza- tion" of Russia is based not on actions that significantly distinguish it from the rest of the world, but on the need inherent in state systems to create an enemy in order to assert their superiority. The object of criticism is those Western propagandas that, based on immoral manipulative dynamics, cope well with constructing an enemy only because they are disguised as a convincing, at least outwardly, ideological goal based on democratic principles. In reality, such mechanisms conceal strategies for the struggle for power in violation of the basic principles and norms of international law, going far beyond the territory wh ere wars are being waged, that is, into geopolitical games with economic and geographical interests on a much larger scale. Throughout the text of the article, the Russian Federation is abbreviated as RF.