Journal headings
"Legal sciences"
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Release: 2025-4 (48)
DOI: 10.21777/2587-9472-2025-4-74-79
Keywords: Sharia, Nikah, Mahr, talaq, khul’, Mubarat, Faskh, madzara, Hanafi madhhab
Annotation: Marital relations have a special place in all legal systems because they are directly related to other sections of civil law: inheritance, property and obligations. In Islam, the doctrine of faith is a fundamental part of Muslim law (Sharia), and starting a family and raising children is considered a sacred duty of the faithful, established by Allah. According to Muslim law, the wife’s legal capacity to terminate a marriage is significantly lower than that of her husband, and her legal capacity is limited to three ways of breaking up family relations, in which she can either initiate the procedure for breaking up a marriage or support the initiative taken by her husband. The article considers one of the ways to terminate a marriage in the Muslim legal system, the specificity of which is a woman’s right to initiative in the divorce process. The necessary conditions for the release of a wife from her husband’s power by committing khul’, the order and procedure of the parties’ actions and their consequences are analyzed. The sources of Muslim law regulating the agreement of the parties on the termination of marriage contractual relations are given. In the text of the article, the Russian Federation is abbreviated as RF.
ORGANIZATIONAL AND LEGAL SUPPORT OF DEMOGRAPHIC SECURITY OF THE RUSSIAN FEDERATION
Release: 2025-2 (46)
DOI: 10.21777/2587-9472-2025-2-77-87
Keywords: demographic security, organizational and legal support, traditional Russian values, population maintenance, migration policy, demography, modern challenges
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.
EVALUATION OF THE CONCLUSIONS OF FORENSIC MEDICAL EXAMINATIONS IN CRIMINAL CASES OF IATROGENIC CRIMES: OVERVIEW OF VIOLATIONS
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-77-83
Keywords: iatrogenic crimes, commission forensic medical examinations, medical violations, investigation of medical er- rors, evidence, evaluation of evidence, evaluation of expert opinions, violations in the investigation
Annotation: The presented article is devoted to the investigation of iatrogenic crimes (crimes caused by medical errors in the provision of medical care). The relevance of the stated topic is dictated by acute social sensitivity to medi- cal violations, the importance of the object of encroachment (human life and health), as well as the continuing difficulties in proving criminal cases in this category. The novelty of the author’s approach to the problem is not the proposal of theoretical recommendations, “how to investigate” criminal cases of the analyzed category, but the analysis of violations, on the basis of which specific application rules are formulated, “how NOT to” conduct an investigation. The aspect related to conducting commission forensic medical examinations of the quality of medical care provided is considered in detail. Typical violations of investigators in evaluating expert opinions have been identified. It has been revealed that these evidences are not always reasonably given priority. The judicial practice of the courts passing acquittals against medical workers in connection with the incompleteness or incorrect assessment of expert opinions is analyzed. Typical violations of investigators in assessing the expert opinions received have been identified. It has been re- vealed that these evidences are not always reasonably given priority. The article analyzes the judicial practice of courts passing acquittals against medical workers due to incomplete or incorrect assessment of expert opinions. This work can be used both in the investigative and judicial practice of investigation and consideration of criminal cases of iatrogenic crimes, and for the development of further theoretical provisions on the issue under study. 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
Release: 2025-3 (47)
DOI: 10.21777/2587-9472-2025-3-78-84
Keywords: motivation, validity, civil proceedings, court rulings, court, judicial act, procedural significance
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.
THEORETICAL UNDERSTANDING OF THE CATEGORY "PUBLIC ORDER": DOCTRINAL ISSUES
Release: 2025-4 (48)
DOI: 10.21777/2587-9472-2025-4-80-90
Keywords: legal definition, legislative definition, public safety, social order, public order, crime, Criminal Code of the Russian Federation
Annotation: This article is devoted to defining the characteristics of the category “public order”, reflecting its substantive potential. Defining “public order” is a complex cognitive process, driven by the polysemantic nature and het- erogeneity of the subject, requiring a comprehensive study of this legal phenomenon. Doctrinal provisions on public order in legal science demonstrate the ambiguity and contextuality of this cat- egory, as well as the lack of a unified approach to understanding it. This necessitates further critical reflection on its legal validity and the author’s proposed definition of “public order”. Modern jurisprudence is inconceivable without seeking ways to modernize current legislation and regulatory processes that meet real-time demands and promote the effective development of the state and society. Furthermore, the relevance of this study is driven by the rise in crimes against public order and public safety, their increased harmfulness, which is largely determined by the unstable geopolitical state of individual states and the global community as a whole. In the text of the article, the Russian Federation is abbreviated as RF.