Journal headings
"Legal sciences"
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Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-62-70
Keywords: lease, tenant, public property, pre-emptive right, protection of competition, preliminary agreement, subject of proof
Annotation: The subject of this study is the specifics of the tenant’s realization of his pre-emptive right to conclude a lease agreement for a new term. The author examines the issues of the relationship between civil legislation on lease and legislation on the protection of competition (competition law). The author proposes to consider five special aspects of the implementation of the pre-emptive right by the tenant of public property from the point of view of clarification and interpretation of the provisions contained in the legislation. The article emphasizes that the specifics of provid- ing publicly owned property to a private law entity under lease terms are determined by the very purposes of using public property, expressed in the need to coordinate (harmonize) state and public interests of public and private principles. The main method for preparing the article was the method of system analysis, the application of which was facilitated by the techniques of formal logic and generalization of legal practice. Based on the results of the study, the author proposes possible changes to the civil legislation aimed at protecting the interests of the tenant in connection with the implementation of his pre-emptive right to conclude a lease agreement with him for a new term. 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
Release: 2025-2 (46)
DOI: 10.21777/2587-9472-2025-2-64-69
Keywords: legal principle, legal axiom, court, challenge, self-challenge, impartiality, independence, competitiveness
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
Release: 2025-2 (46)
DOI: 10.21777/2587-9472-2025-2-70-76
Keywords: artificial intelligence, forensic examination, automation of judicial procedures, admissibility of evidence, verifi- ability of conclusions, interpretation of expert data, digitalization of the judicial system
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.
FEATURES OF MODERN INTERPRETATION OF THE INVIOLABILITY OF THE RIGHT OF OWNERSHIP
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-71-76
Keywords: inviolability of property rights, spouses, interpretation of legal norms, seizure of land plots, common property of spouses, Constitution of the Russian Federation, bankruptcy of citizens, legal regime of property
Annotation: The legal regulation of property rights and its interpretation in judicial practice currently indicate a revision of the institution of property law. When various economic interests collide, the problem of defining the boundaries of the right of ownership arises, and, thus, it determines the relevance of the study. The problems of determin- ing the rights of the owner in the case of seizure of land plots and in the event of foreclosure on the share of the spouse in the common property of the spouses show a tendency to reduce its property sphere. In order to prevent erroneous interpretation of the inviolability of the right of ownership, it is necessary to provide a theoretical justification for the priority of more significant interests when determining the scope of the owner’s property sphere. It is necessary to limit the seizure of garden and vegetable plots of land owned by citizens, and to simplify the procedure for reimbursing the cost of a land plot to the former owner in the event of its seizure. 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.