Journal headings
"Legal sciences"
All rubrics
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-56-61
Keywords: electoral rights, guarantees of labor rights, elections, electoral commissions
Annotation: The purpose of this study is to investigate public relations related to the guarantee of citizens’ labour rights at their primary place of employment in connection with their participation as voting members of electoral commissions during the preparation and conduct of elections. The subject of the study is the relevant norms of domestic regula- tory legal acts. For this purpose, the current electoral and labor legislation is analyzed, the norms and principles of legal regulation are compared. Based on the results of the study, the main problems of legislation in the subject area and proposals for their elimination are identified. The results of the work can be taken into account for the purpose of improving legislation, as well as in ensuring organizational measures aimed at implementing guarantees of labor rights of members of election commissions. Implementation of guarantees of labor rights of members of election commissions is associated with ensuring a balance of public-legal and economic interests, which involves a deep analysis of trends and continuous improvement of legislative regulation and the law enforcement process. 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)
Release: 2025-3 (47)
DOI: 10.21777/2587-9472-2025-3-58-64
Keywords: interrogation of minors, investigative actions, tactical features of interrogation, psychological contact, participant in the criminal process, child, protection of the rights of the child
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.
THE FEATURES OF QUALIFICATION OF THE INSTIGATOR’S ACTIONS IN THE COMMISSION OF VANDALISM
Release: 2025-2 (46)
DOI: 10.21777/2587-9472-2025-2-59-63
Keywords: incitement, complicity, vandalism, qualification of actions, inducement to commit vandalism, qualification of incitement to vandalism, complicity in the commission of vandalism
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.
Maksurov A. A.
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.