Release: 2025-3 (47)

2025-3 (47)
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THE FACTOR OF RELIGIOSITY IN MODERN STATE SCIENCE

Page:7-13

DOI: 10.21777/2587-9472-2025-3-7-13

Annotation: The purpose of the study is to consider the place of religiosity and faith in the self-consciousness of modern Russian society, in Russian constitutionalism and state science. Religiosity is proposed to be distinguished as a spiritual tradition, as a ritual and as a social value. As a spiritual tradition, religiosity has shaped Russian culture and the Russian way of life of multinational Russian society for centuries. As a ritual, religiosity acts as the outer shell of spiritual tradition, but sometimes it is detached from sincere faith. Religious fanaticism, especially extremism, testifies not to the depth of faith, but to sinful intolerance. However, human life is hardly possible without rituals. Religiosity is a social value, since it is the basis of archetypes, the basis of traditional morality and culture. As a social value, it is also important because it requires overcoming the individualistic ailments of the human spirit, starting with such a sin of the mind as pride. In the text of the article, the Russian Federation is abbreviated as RF.

THE ROLE OF RELIGION AND SPIRITUAL AND MORAL VALUES IN THE FORMING OF THE NATIONAL IDEOLOGY OF RUSSIA

Page:14-20

DOI: 10.21777/2587-9472-2025-3-14-20

Annotation: The author examines the significance of religion and spiritual and moral values in the forming of Russia’s na- tional ideology. Modern Russia is facing serious challenges. The lack of a clear vision of a just future makes the country vulnerable. In this work, a system of values that, according to the author, could serve as the foundation for a new sovereign ideology is proposed. 1. Social justice – the idea of the need for equality of all citizens before the law, state control over strategic sec- tors of the economy and the responsibility of officials, which should lead to the well–being of the people. 2. Orthodox morality – an appeal to the foundations of Christian teaching and moral values, as well as to public virtues as factors in ensuring the spiritual strength of the nation. 3. Responsibility to future generations – an emphasis on the importance of passing on historical memory and educating citizens with an awareness of their responsibilities to society and the motherland. 4. Education and family – the key institutions that need to be reformed. The author proposes to raise the sta- tus of teachers, make education a national priority, and strengthen support and protection of the family as the foundation of the state. In the text of the article, the Russian Federation is abbreviated as RF.

ON THE ISSUE OF THE CONCEPT, SIGNS AND FEATURES OF FINANCIAL AND LEGAL NORMS

Page:21-26

DOI: 10.21777/2587-9472-2025-3-21-26

Annotation: This article is devoted to the analysis of the concept of “norm of financial law” as the main regulator of public relations arising in the process of financial activities of the state, that is, activities for the creation, distribution and use of state and municipal monetary funds for material (monetary) support of the tasks and functions of public legal entities. This publication examines the essence of financial law norms, the specifics of their structure, classification, analyzes the views of legal scholars on the signs characterizing financial and legal norms, and identifies the main differences between financial and legal norms from those of other branches of Russian law. Consideration of these issues seems relevant, since in the domestic scientific and educational literature there are relatively few studies devoted directly to financial and legal norms. As a result of this brief study, the author’s definition of the concept of “norm of financial law” is formulated, and the main features inherent in this type of legal norms and important are highlighted. In the text of the article, the Russian Federation is abbreviated as RF.

ON THE ISSUE OF THE LEGAL NATURE OF PREVENTIVE SELF-DEFENSE OF CIVIL RIGHTS

Page:27-31

DOI: 10.21777/2587-9472-2025-3-27-31

Annotation: This article is devoted to an issue that has not received an unambiguous resolution both in the scientific literature and in the current civil legislation. The institution of self-defense of civil rights occupies a special place in the system of civil law methods of protection due to the relative simplicity and universality of its legal structure. In its most general form, self–defense of law is a method of countering an already existing unlawful encroachment, which in its content must correspond to the nature of such an encroachment, namely, be proportionate. Meanwhile, the legal structure of self-defense of law, from the point of view of current legislation, necessarily presupposes the presence of unlawful encroachment. This state of affairs inevitably leads to the need to resolve the issue of the legal nature of the so-called “preventive self-defense”, defined in the legal literature as a kind of self-defense of law. The general result of the authors’ arguments is the conclusion about the relatively independent legal nature of the institution of preventive self-defense and the need to separate this institution in the system of means of civil protection of rights and legitimate interests. In the text of the article, the Russian Federation is abbreviated as RF.

PERSONALITY OF A FEMALE CRIMINAL

Page:32-38

DOI: 10.21777/2587-9472-2025-3-32-38

Annotation: This article analyzes the criminological characteristics of the personality of a female criminal based on socio- demographic, criminal-legal, moral-psychological, social-role, and penal-executive characteristics. The author has established that criminologists are currently inclined to seek an explanation for the criminal personality and its unlawful behavior not in physiology and psychiatry, but in social psychology and psychological theories of personality. In domestic criminology, the concept of a social personality type of a female criminal is used, which includes significant socio-psychological characteristics in the form of stable ways of her behavior when interacting with the surrounding social environment. The social type of a woman is a unity of her individual personality traits with typical characteristics of those social groups in which she is included. The stability of her behavior patterns allows us to identify her types of criminal behavior. Taking this into account, it is noted that in domestic criminology there are various approaches to defining the criteria by which it is appropriate to reveal the features and characteristics inherent in a particular category of female criminals. In the text of the article, the Russian Federation is abbreviated as RF.

CRIMINOLOGICAL ASPECTS OF CRIMINAL VIOLATIONS OF THE SECRECY OF CORRESPONDENCE, TELEPHONE CONVERSATIONS, POSTAL, TELEGRAPHIC OR OTHER COMMUNICATIONS

Page:39-47

DOI: 10.21777/2587-9472-2025-3-39-47

Annotation: В статье на основе статистических данных ГИАЦ МВД России и Судебного департамента при Верхов- ном Суде Российской Федерации проводится анализ состояния и динамики преступных нарушений тайны переписки, телефонных переговоров, почтовых, телеграфных или иных сообщений в России за последние 10 лет (2015–2024). Отмечено, что преступление по ст. 138 УК РФ не является распространенным в следственно-судебной практике. Определены факторы, способствующие латентности указанных преступлений. Рассмотрены примеры соответствующей следственно-судебной практики. На основе анализа демографических признаков осужденных по ст. 138 УК РФ составлен типичный портрет лич- ности преступника, совершающего преступные деяния как по основному, так и по квалифицированному составу преступления. Определено, что совершение преступления во многом предопределяет попадание лица в криминогенную ситуацию, приведшую к совершению преступления. Также рассматриваются об- стоятельства, способствовавшие совершению преступления с использованием служебного положения. По тексту статьи Российская Федерация сокращенно указывается – РФ.

DEBATABLE ISSUES OF THE CHARACTERISTICS OF THE SUBJECT AND THE OBJECTIVE SIDE OF THE CRIME PROVIDED FOR IN ARTICLE 312 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Page:48-57

DOI: 10.21777/2587-9472-2025-3-48-57

Annotation: The purpose of the study is to characterize de lege lata and de lege ferenda to the subject and objective side of the crime provided for in Article 312 of the Criminal Code of the Russian Federation, taking into account exist- ing controversial issues. An important feature of the subject of the crime provided for in Part 1 of Article 312 of the Criminal Code of the Russian Federation is that the property must be entrusted to the potential subject of the crime in accordance with the established procedure. The article presents cases related to violations of the procedure for entrusting property. Separate problematic issues related to the seizure of property in common shared ownership are considered. The debatable issues concerning the methods of committing a crime under Part 1 of Article 312 of the Criminal Code of the Russian Federation are analyzed. The author examines the issue of how to consider the actions of a person who has squandered the entrusted property through negligence. Examples are given when, when committing a crime under Article 312 of the Criminal Code of the Russian Federation, an ideal set of crimes can be formed. The correlation of the norms contained in Part 1 of Article 312 of the Criminal Code of the Russian Federation and Article 160 of the Criminal Code of the Russian Federation is considered. In addition, the author provides suggestions for editorial clarification of Article 312 of the Criminal Code of the Russian Federation. In the text of the article, the Russian Federation is abbreviated as RF.

INTERROGATION OF JUVENILE PARTICIPANTS IN CRIMINAL PROCEEDINGS IN RUSSIA AND ISRAEL (COMPARATIVE LEGAL ASPECTS)

Page:58-64

DOI: 10.21777/2587-9472-2025-3-58-64

Annotation: The relevance of the scientific article topic lies in the need to comply with international standards for the pro- tection of children’s rights, especially in the context of interrogation of minors. It should be emphasized that the rights of the child are also protected by the state, which is enshrined in Part 1 of Article 38 of the Constitution of the Russian Federation2. The article analyzes the specifics of interrogating minors in Russia and Israel, its tactical methods and ethical aspects. A comparative analysis of legal regulation and practical approaches in both countries is conducted. Particular attention is paid to the personal experience of one of the authors as an investigator working with minors in Israel, which allows for a more accurate understanding of the features of the Israeli interrogation system and its differences from the Russian one. The authors substantiate the need to make changes and additions to the criminal procedure legislation of Russia and Israel.

METHODOLOGY FOR DRAFTING CRIMINAL PROCEDURE ACTS

Page:65-70

DOI: 10.21777/2587-9472-2025-3-65-70

Annotation: This article is devoted to a rather interesting and understudied area of criminal procedure science, precisely, the methodology of drafting criminal procedure acts. In this work, the author substantiates the relevance of the issues under consideration and analyzes the main concepts of “methodology,” “technique,” and “method.” The author compares and relates these concepts in relation to criminal procedure activities. The author’s goal is to explore the possibility of applying methodology in the drafting of criminal procedure acts and to define its essence. The work was carried out using the dialectical method, methods of analysis and synthesis, a systematic approach, logical-legal and legal interpretation. As a result of the conducted research, the work substantiates the theoretical and practical significance of conducting research on issues related to criminal procedure acts and the methodology of their compilation; it develops a definition of the concept of “methodology” and its relationship with the terms “method” and “technique”. In the text of the article, the Russian Federation is abbreviated as RF.

DEADLINES IN THE MECHANISM OF IMPLEMENTATION OF CONTROL AND SUPERVISORY PROCEEDINGS ON COMPLIANCE WITH MANDATORY REQUIREMENTS

Page:71-77

DOI: 10.21777/2587-9472-2025-3-71-77

Annotation: Control and supervisory activities as a type of procedural activity consist of various kinds of procedures, each of which is determined by deadlines that are important. The time limits within which the participants in the control and supervisory proceedings perform procedural actions streamline the control and supervisory activities, en- suring the openness, clarity and predictability of the control process. The presented article examines the issues of determining deadlines and their direct compliance by participants in control and supervisory proceedings. It was concluded that control and supervisory activities are carried out within the time limits established by the Law on State Control, as well as other legal acts. If deadlines are not set, they are appointed by the control (supervisory) body, taking into account the assessment of the risk of possible harm to legally protected values and the principle of efficiency, which sets the speed and intensity of the control process to achieve the best result of activities carried out by public authorities. In the text of the article, the Russian Federation is abbreviated as RF.

ON THE ISSUE OF THE RELATIONSHIP BETWEEN MOTIVATION AND VALIDITY OF A COURT DECISION

Page:78-84

DOI: 10.21777/2587-9472-2025-3-78-84

Annotation: The relevance of the topic under consideration lies in the importance of determining and comparing certain properties of law enforcement acts issued by the courts that ensure achieving the goals of civil proceedings. Unmotivated and unfounded court ruling cannot be considered an act of justice, as it lacks certain motives that justify the conclusions of the court set out in the reasoning part. The purpose of the study is to investigate the essence, procedural significance of motivation and validity of court rulings, as well as a comparative analysis of these properties. The author uses methods of scientific cognition of a general nature (logical and system analysis, synthesis), private legal methods of cognition (legal-technical, comparative). As a result, it is concluded that a judicial act in a civil case should not be unmotivated and (or) unfounded, taking into account that these proper- ties equally ensure the procedural legal effect of a court decision, defining it as a judicial act and influencing its legal force, determined by other properties such as commitment, immutability, irrefutability, exclusivity, prejudice, enforceability. In the text of the article, the Russian Federation is abbreviated as RF.

LEGAL MECHANISMS FOR CHALLENGING TRANSACTIONS IN BANKRUPTCY PROCEDURES

Page:85-92

DOI: 10.21777/2587-9472-2025-3-85-92

Annotation: Bankruptcy has occupied an important niche in the life of society over the past decades. This conclusion is confirmed by the prevalence of the category of cases related to the insolvency of economic entities and individuals in the arbitra- tion case file. The purpose of the bankruptcy procedure is either to restore the debtor’s solvency, or the most effective settlement of debts owed to creditors. Achieving these two goals is possible through the sale of the debtor’s property, and therefore instruments of replenishment of the bankruptcy estate are of particular interest to civil lawyers, among which subsidiary liability and challenging invalid transactions are the most prominent. In this article, the author conducts a study of the mechanisms for challenging invalid transactions in insolvency (bankruptcy) cases based on theoretical and practical sources. A consistent analysis allowed us to identify three key models of challenging, including: out-of-competition challenging, competitive challenging, and challenging creditors’ claims when they are included in the register. Gaps in legal regulation have been identified, the elimination of which is critically important for the formation of a monotonous judicial practice, as well as the stability of legal relations and the rule of law. In the text of the article, the Russian Federation is abbreviated as RF.