No 3 (2026)
- Year: 2026
- Published: 10.03.2026
- Articles: 11
- URL: https://bakhtiniada.ru/2072-909X/issue/view/26416
Full Issue
Public law (state law)
Administrative and Legal Norms on Encouragement: Features of the Structure and Implementation
Abstract
Аt the moment there is no single codified legal act in Russia that would be aimed at regulating the basic provisions and principles of incentives. In this regard, the need to create such a regulatory legal act is obvious. It should be emphasized that the specified normative legal act should fix these issues at the federal and regional levels, as well as relate to administrative law.
The main task is to study the features and structure of administrative and legal norms on encouragement.
Analysis, synthesis, generalization, comparative legal and formal logical methods. The methods used made it possible to substantiate the arguments given, on the basis of which scientifically based conclusions were made about the need to improve the system of administrative and legal norms on encouragement.
The article analyzes the features of the structure of administrative and legal norms on encouragement. The peculiarities of the implementation of administrative and legal norms on encouragement are revealed. Based on the analysis, it is concluded that a distinctive feature of the incentive norm is its binomial structure. Based on the results of the analysis, a conclusion has been formulated on the need to create a single codified federal law that will consolidate the basic principles and provisions of incentives at the federal and regional levels. The necessity of allocating incentive norms as an independent type of legal norms is also justified.
5-12
Specific Issues of Proof in Administrative Proceedings
Abstract
With the adoption of the Code of Administrative Procedure of the Russian Federation, topical problems of the theory and practice of evidence have become aggravated. Their appearance is associated with the peculiarity of administrative proceedings – the specifics of the subject of evidence. In administrative proceedings, the parties are initially in an unequal position, and this requires a special approach to determining the circle of subjects of evidence, their rights and obligations. The purpose of this study is the theoretical and legal understanding of the subject and participants in the evidence in administrative proceedings.
The methodological basis was made up of general logical methods (analysis, induction, deduction), which made it possible to consider in detail the elements of procedural evidence, based on the study of individual court cases and examples of practice, formulate general conclusions about the laws of procedural evidence and deduce particular provisions from the general foundations of administrative proceedings.
Attention was drawn to the fact that the basis of the subject of evidence is facts of an ideal (legal) nature. Examples of administrative cases show that the type of judicial control affects the nature of the evidence. The issues of the role of the court in the process of evidence, signs of subjects of evidence are covered. The need to classify the prosecutor and representative as subjects of evidence is justified.
13-20
Information Protection Training as a Condition for Effective Informatization of Judicial Activity
Abstract
The article discusses the technological transformation of the work of court staff under the influence of the introduction of new software products and the formation of a unified environment for the functioning of government agencies, and therefore examines the issue of necessary changes in the personnel training of employees related to the process of judicial system informatization. The authors consider the emerging practical problems of effective judicial informatization and point out the importance of developing professional competencies related to information protection. A number of significant issues are highlighted that are important in the organization of training and the preparation of educational programs. The proposed recommendations are aimed at improving the personnel training of court staff, including through the institute of mentoring.
21-28
Private law (civil law)
Work of Architecture: Some Problematic Issues of the Concept
Abstract
The Russian legislation does not disclose the concept of “architectural work”. At the same time, each type of work protected as an object of copyright has its own special characteristics, including with regard to the form of its expression. Architectural works also have their own characteristics. The Civil Code of the Russian Federation indicates that architectural works can be expressed, including in the form of projects, drawings, images and layouts. Due to the discussion about the forms of expression of architectural works, in the process of using design documentation and implementing architectural projects, disputes arise about the availability and ownership of rights to design documentation and objects created on its basis.
The article presents the results of an analysis of legislation in the field of intellectual property, architectural activity and law enforcement practice of courts. According to the results of the analysis of judicial practice, it is noted that the results of construction and reconstruction, as well as the documentation in which they are reflected, in the absence of the realization of a creative idea in them (for example, linear objects, cannot relate to works of architecture.
29-36
Contractual Types in the Context of Digitalization: Problem Statement
Abstract
The parties of contract use modern digital technologies as a traditional practice. So, the civil law doctrine has not ignored the issues which arise from applying the general provisions of contract law in the context of the digitalization. However, the problems of different contractual types have not been fully explored yet. In accordance with the author’s methodology, it is proposed the difference between external and internal features determined by general and special rules of contract law.
The purpose of the article is to establish directions for the study of certain contractual types in the context of digitalization and to formulate scientific hypotheses for further discussion by the scientific community. The achievement of the purpose is determined by the following objectives. Firstly, it is necessary to justify the posed problems. Secondly, it is necessary to systematize the features related to understanding contract law general rules in modern conditions of digitalization. Thirdly, it is necessary to specify the directions for studying individual contractual types in the context of digitalization. The article has been prepared using general scientific methods (systematic, logical, analogy, analysis, synthesis) and special legal methods (formal legal, comparative legal).
The author considers that the internal features of contractual types should be studied in the law-making and law enforcement aspects. The law-making aspect is the search for legislative solutions related to the establishment of special rules on contractual types specifically for relations complicated by the use of special technical means by the parties. The law enforcement aspect concerns the consideration of the digitalization of public relations as a factor influencing the interpretation of the law on a particular contractual type as imperative or dispositive. The law enforcement aspect is the interpretation of the norms of contract law as imperative or dispositive in the context of digitalization.
37-45
The Interpretation of the Concept of Civil Transactions in Russian and Foreign Law: Theory and Jurisprudence
Abstract
The article is dedicated to the interpretation of transactions. Its purpose is to provide a scholarly analysis of Russian and foreign legislation, legal theory, and law enforcement practice concerning the interpretation of civil transactions. The article’s objectives are: to examine the interpretation of contracts, inheritance agreements, and wills, and to address problems in their legal application.
Research methods: analysis, formal legal, comparative legal.
The article explores the legal framework governing the interpretation of contracts and wills within domestic and foreign legal systems, doctrinal positions, and relevant judicial practice. The study’s findings reveal both commonalities and divergences in the legal norms regulating the interpretation of contracts and wills in Russia, Belarus, Germany, Spain, China, Kazakhstan, Kyrgyzstan, Tajikistan, and a number of other countries. The author identifies the principal distinctions within Russian legislation on the interpretation of contracts versus wills, which lie in the subjects entitled to interpret them and the methods of interpretation employed. Consequently, the study concludes by proposing specific amendments to the Civil Code of the Russian Federation. Based on this research, the author concludes that it is advisable to introduce into the Civil Code of the Russian Federation a specific article on the interpretation of unilateral transactions, as well as Art. 1140.2, “Interpretation of an Inheritance Agreement”, which accounts for the dual legal nature of this type of contract. Furthermore, it is proposed to supplement Art. 1132 of the Civil Code of the Russian Federation with a clause stating that if the literal meaning of a testamentary provision cannot be determined using the rules established in the first and second parts of this article, that provision shall be deemed non-existent. Finally, the author concludes that further research is needed on the interpretation of civil law transactions, as well as the improvement of legislation and its application in practice.
46-59
Mandatory Conciliation Procedures in the Arbitration Process: Towards Reducing the Judicial Burden
Abstract
The high judicial burden on the arbitration courts of the Russian Federation has a negative impact on the activities of the courts, the effectiveness and timeliness of the consideration of a legal dispute. The institution of conciliation procedures is an effective means of reducing the judicial burden, however, the statistical indicators considered indicate the inefficiency of the existing mechanism.
The purpose of the work is to form a possible model of mandatory conciliation procedures in the arbitration process in order to reduce the judicial burden.
The statistical method, the comparative legal method, and the method of dialectical construction were used in the work.
The possibility of using conciliation procedures as a mandatory pre-trial stage in arbitration proceedings in order to reduce the judicial burden is analyzed. The foreign experience of using this mechanism is considered. The main possible risks for participants in a legal dispute are described. The advantages of conciliation procedures are analyzed. The categories of disputes for which mandatory conciliation procedures should be provided are proposed. The possibility of using artificial intelligence in order to reconcile the parties has been studied.
Conciliation procedures in the arbitration process can not only reduce the judicial burden, but also save the material resources of the parties. Mandatory conciliation procedures can become an effective mechanism for reducing the judicial burden. However, the basic principle of conciliation procedures – voluntariness – will inevitably be affected.
Disputes arising from the contract act as categories of cases for which a mandatory pre-trial procedure should be established for applying to reconciliation procedures before going to court. The parties should not be limited in the choice of conciliation procedures. The issue of financing conciliation procedures depends on the specific type of procedure that the parties have decided to resort to. It is also worth considering the use of artificial intelligence in order to reconcile the parties, resolve differences that have arisen, and draft an agreement.
60-69
Peculiarities of Recognition and Enforcement of Arbitral Awards of the People’s Republic of China in the Russian Federation
Abstract
The legal binding force of an international commercial arbitration award does not imply its automatic enforceability beyond the jurisdiction where it was rendered. In order for such an award to be applied within the territory of the Russian Federation, it must be recognized and enforced in accordance with international treaties and domestic legislation. This issue becomes particularly acute in the context of interaction with Chinese arbitral institutions, given the increasing volume of trade between Russia and the People’s Republic of China and the growing number of cross-border disputes.
The purpose of this study is to identify the key issues and factors affecting the successful recognition of Chinese arbitral awards within Russian jurisdiction. The research tasks include analyzing provisions of international agreements, bilateral treaties between Russia and China, relevant national legal norms, and examining judicial practice, including cases involving CIETAC and HKIAC, which have revealed recurring evidentiary and procedural challenges.
The methodology is based on a comparative legal analysis of international and domestic regulatory sources, as well as the interpretation of legal norms and judicial decisions. This approach places particular emphasis on identifying difficulties in the application of law, including the interpretation of arbitration clauses, inconsistencies in translations, violations of public policy norms, and uncertainties concerning jurisdiction in complex contractual arrangements. Such a methodology enables the systematic identification of prevailing trends in judicial practice, common procedural errors by the parties, and the factors leading to refusal in the recognition and enforcement of foreign arbitral awards.
The study concludes with the need for more precise drafting of arbitration clauses, adherence to translation requirements, and strengthening mutual confidence in arbitral institutions. It underscores the importance of procedural harmonization and the observance of good faith and legal certainty as essential conditions for the stable recognition of Chinese arbitral decisions in Russia.
70-82
Property Rights as Objects of Civil Rights
Abstract
The article examines the legal category “property rights” as an object of civil rights, analyzes the transformation of the place of property rights in the system of objects of civil rights, taking into account changes in the rule of law enshrined in Art. 128 of the Civil Code of the Russian Federation.
The objectives of this study are to identify the positions of legislators and law enforcement officials regarding the essence of the legal category “property rights”, define the legal nature of property rights from a doctrinal perspective, analyze the relationships between concepts such as “property rights” and “property rights”, and define the content of the category “property”. The goal of the study is to establish the consistency or inconsistency of the legislator’s and law enforcement officials’ uniform understanding of the legal categories under consideration (including the category “property rights”) across all provisions of the Civil Code of the Russian Federation.
The study was carried out using a formal logical method and an analysis method.
The result of the study is a brief analysis of the legal nature of property rights as an object of civil rights. The author adheres to the position of the need to harmonize the rules of law governing legal relations with property rights, the inadmissibility of identifying the categories “property” and “property rights”, and the illegality of mixing the definitions “property law” and “right to property”.
83-89
Criminal law
Procedural Costs in the Structure of State Expenditures on Criminal Proceedings and in Its Dynamics
Abstract
State funding of criminal justice occurs in two forms. The first type of expenditure is aimed at creating and maintaining the infrastructure of state bodies conducting criminal proceedings and participating in these activities. These state expenditures are institutional in nature and can be defined as judicial. The other type of state expenditure is related to the implementation of specific investigative and procedural actions by reimbursing the costs of their participants and paying them compensation. These are called legal or procedural costs. The distinction between them is important for both the legislative process and academic research.
A recent study aimed to justify the reclassification of certain expenses traditionally associated with the administration of justice as procedural costs. However, the use of general scientific methods for analyzing law enforcement practices and statistics, as well as research into the legal framework for criminal proceedings and related areas, allowed us to obtain data on actual trends in the changing structure of public spending on criminal proceedings.
The impact of a number of regulatory, institutional, and functional factors on reducing procedural costs was identified and analyzed. These factors include: the development of videoconferencing for remote participation in criminal proceedings, a reduction in the use of witnesses in certain investigative actions, the development of a system of state forensic institutions and an increase in the number of examinations conducted there, the establishment of enhanced guarantees for certain categories of employees in the event of their removal from office, and others. Furthermore, the reduction of these procedural costs should obviously be accompanied by increased spending on the relevant state apparatus and its expenditures.
A real trend in the changing structure of public expenditure on criminal proceedings is the transition of some funds previously spent as procedural costs to the category of legal costs, which requires the attention of legislators and procedural scholars.
90-103
The Relationship Between the Categories of “Independence”, “Impartiality”, “Objectivity” and “Fairness” in Criminal Proceedings
Abstract
The fundamental categories of ultimate generality, independence, impartiality, objectivity and fairness in criminal proceedings have their own content and common areas where these categories intersect. Clarification of the content of these categories, their relationship with each other and highlighting the common in their content is important for law enforcement practice in the process of resolving criminal cases and materials.
The purpose of the study is the need to outline the content of these categories and determine the “fields” of their intersection. For this purpose, these categories were analyzed in the interpretation of Russian scientists, in international legal acts and international bodies when considering individual communications, as well as the interpretation of Russian criminal procedure legislation and law enforcement practice.
The comparative legal methods were applied, with the help of which the conclusion was made about the coincidence of interpretations of independence and impartiality in international legal documents and Russian legislation and law enforcement practice; about different interpretations of the category of “justice” in criminal proceedings and the absence in international legal documents and Russian legislation of the category of objectivity, which can be attributed to scientific categories and categories of law enforcement practice. With the help of analysis, the internal content of each of the categories and their intersection with each other were determined, the generalization method made it possible to identify the common in these categories and their relationship with each other.
Conclusions were made about the content of each of the categories and their relationship with each other. Independence (objective, external) relates to a greater extent to the judicial system and ensures the independence of the judicial system from the influence of bodies and officials of other branches of government. Independence of judges (internal) implies the absence of influence on judges within the judicial system and from the parties. Impartiality characterizes the internal independence of the judge’s personality. These categories are the foundations of fair criminal proceedings, are the characteristics of the judicial system, courts and judges. Fairness and objectivity are the characteristics of the process of consideration and resolution of criminal cases and its outcome.
104-112


