Vol 9, No 2 (2025)

Cover Page

Full Issue

General Theory and History of Law and the State

Legal characteristics of the form of government of medieval Budva

Seregin A.V.

Abstract

The criteria determining the scientific qualification of the variant form of government of the city-state – medieval Budva – are studied. The aim of the study is to analyse the legal position of the prince in the unified system of supreme power of the Budvan community, to examine its subordination to the sovereignty of the Serbian Nemanjic power and the Venetian Republic. Emphasis is placed on the content of princely regalia and the duties of the podestà to observe the laws and customs of Budva. Along with the prince, the state-legal status of the Great Veche (Great Council) and the Small Veche (Small Council), representing the interests of the municipal nobility (local patriciate), is examined. Importance is given to the judicial powers of the highest public authorities of Budva and its sovereign sovereigns. The main source of legal material on the peculiarities of the state system of Budva, used in the presented paper, is the Statute of Budva of the 14th century AD, still not translated into Russian, which determines its insignificant popularity and practically unexplored in the domestic theoretical and historical-legal science. The conclusion is made about the Padesto-Patrician or princely-boyar rule of medieval Budva, quite common in this historical period among the trading cities of the Adriatic coast of Dalmatia.

Current Issues of the State and Law. 2025;9(2):155-161
pages 155-161 views

The Novitsky and Kovsharov case (1922): implications for the professional ethics of lawyers in the context of the establishment of Soviet power

Zholobov Y.B., Ponomareva E.V.

Abstract

This work is devoted to a comprehensive historical and legal analysis of the 1922 trial of members of the Petrograd Society of Orthodox Parishes, in particular, the persecution of lawyers Yuri Novitsky and Ivan Kovsharov. The relevance of the topic lies in the need for a deep analysis of the historical processes that had a significant impact on the formation of the legal system and public consciousness at the dawn of the Soviet statehood. The aim of the study is to identify the legal and historical aspects of the case, to assess its significance for the modern memory policy and the formation of professional ethics of a lawyer. Based on the memoirs of contemporaries, legal documents and modern scientific publications, the historical context is reconstructed, the biographies of Novitsky and Kovsharov are analyzed, and violations of procedural norms and principles of law are examined. The conclusion is drawn that the application of the criminal law of the time to the actions of the accused was unlawful, which testifies to the political nature of the process, which became particularly evident when representatives of the legal profession, who were able to assess the depth of the unjust proceedings, found themselves in the dock. This research provides a deeper understanding of the mechanisms of formation and functioning of the legal system in conditions of political instability, determines the role of the Novitsky and Kovsharov case in the contemporary politics of memory, and contributes to the restoration of historical justice.

Current Issues of the State and Law. 2025;9(2):162-173
pages 162-173 views

The struggle against saboteurs and political banditry in the Tambov region during the Great Patriotic War (1941–1945)

Sirotkina E.V.

Abstract

During the Great Patriotic War (1941–1945), a struggle was waged not only on the front lines against German fascist forces and their allies, but also within the country against saboteurs and political groups who sought to undermine the country’s stability and facilitate the triumph of fascism. The purpose of this study is to examine the efforts of Tambov law enforcement agencies in combating the domestic enemy, who sought to prevent the Soviet people from overcoming the Nazi invaders. This research is based on the application of general scientific methods of investigation, such as analysis, synthesis, induction, and deduction. The methodological basis for the research is based on the principles of objectivity and historicism. The study concludes that the enemy aimed to achieve victory over the Soviet Union, including through the activities of saboteurs and political groups, which were composed of deserters, criminals, and individuals dissatisfied with Soviet rule and seeking to defect to the opposing side. The German military intelligence service (Abwehr) was involved in organizing the training and support of sabotage groups and political factions in order to instill fear and panic among civilians. These sabotage groups and factions were tasked with carrying out acts of terror-ism, robbery, murder, as well as spreading rumors and false information about the imminent defeat of Soviet forces and the benefits of living under German occupation. The law enforcement agencies in the Tambov region have managed to prevent the destructive activities of the “domestic enemy” and have made a significant contribution to the victory of the Soviet people in the fight against fascism during the 1941–1945. The practical findings of this study can be used to develop methods for countering attempts to destabilize Russia.

Current Issues of the State and Law. 2025;9(2):174-181
pages 174-181 views

Refusal of consent as a limitation of legal possibilities

Suddenok K.V.

Abstract

The problem of refusal of consent as a limitation of legal possibilities is considered. The purpose of the study is to analyse the fact of refusal of consent as a restriction of legal possibilities. The author distinguishes between situations of restriction of rights and the establishment of special conditions for the realisation of rights. When considering the refusal of consent, the author distinguishes the types of refusal of consent (refusal to give consent and refusal of consent already given), establishes the elements of refusal of consent. Emphasis is placed on the fact that in a state governed by the rule of law it is possible to establish restrictions. It is concluded that these restrictions as a degree of possible realisation of subjective possibility should be legislated and expressed in a specific legal relationship. The necessity of obtaining consent both from the subject of the legal relation and a third party in a particular legal relation acts as a condition for the realisation of the right, and in some cases as a legally established restriction of the powers of the participants of the legal relation.

Current Issues of the State and Law. 2025;9(2):182-187
pages 182-187 views

Traditional spiritual and moral values as the basis of the state unity of the peoples of the Russian Federation: legal aspect

Zhelinsky A.I.

Abstract

The process of development of the concept of traditional Russian spiritual and moral values as a new unifying idea of the Russian society is considered. The purpose of the study is to analyze their significance as basic principles that ensure the unity of multinational, multi-confessional and multicultural Russian society. Modern challenges to traditional forms of society are assessed, the concepts of “state” and “national” unity are differentiated, the role of traditional spiritual and moral values as the basis of state unity and sovereignty of Russia is substantiated, it is concluded that against the background of destabilizing socio-political processes of the post-Soviet period, the concept of traditional Russian spiritual and moral values has replaced the previous ideological concepts, which became a natural response to the growing and growing unity of the Russian society.

Current Issues of the State and Law. 2025;9(2):188-195
pages 188-195 views

Russian carbon market: legal framework, problems of development and digitalization

Kostikova E.G.

Abstract

Russia enforces climate legislation, which stipulates the emission and circulation of carbon units. This is a new economic instrument that is subject to circulation in the market and in the future can be “digitized”. This study evaluates the results of the application of this innovation, considers the prospects of digitalization of the carbon sphere in order to improve legal regulation. It is established that the emission of a significant amount of carbon units has taken place, but the market of carbon units, in particular, organized, has not formed, which does not allow to effectively use the potential of this market instrument. It is concluded that this result is due to the postponement of the introduction of restrictions on carbon emissions, and, as a consequence, low demand for carbon units. New amendments to tax and climate legislation, aimed at stimulating the market for carbon units, will not affect the situation. Facts of digitalization of the results of unregistered climate projects have been established. Taking into account foreign experience, it was concluded that in the absence of legal regulation, such activities are fraught with technological, economic and legal problems. The directions of improvement of the current legislation are outlined, which require the definition of civil legal characteristics of carbon units, as well as other results of the implementation of climate projects.

Current Issues of the State and Law. 2025;9(2):196-207
pages 196-207 views

F.F. Kokoshkin on the national question and autonomy in the Russian Empire in the early XX century

Mitrofanov N.V.

Abstract

In the teachings of F.F. Kokoshkin the problem of the national question and autonomy in Russia in the early XX century in the conditions of building a constitutional state was quite acute. F.F. Kokoshkin was not only a theoretician of Russian constitutionalism, but also a practitioner who tried to implement his ideas in lawmaking, being a member of the Constitutional Democratic Party. F.F. Kokoshkin considered certain restrictions regularly imposed by the Russian Empire on the Grand Duchy of Finland and its internal policy, the interaction of the Russian state with the autonomies, participated in the discussion of the need to develop a legislative initiative on the Polish question. It has been established that F.F. Kokoshkin insisted on the compulsory legislative enshrinement of the right to cultural self-determination of national minorities, which was further reflected in the programme provisions of the People's Freedom Party. The purpose of the study is a legal analysis of the problem of the national question and autonomy in the Russian Empire at the stage of constitutional construction in the early XX century in the teachings of F.F. Kokoshkin, as well as the implementation of these ideological principles in his lawmaking activities. According to the results of the research it is established that F.F. Kokoshkin, being a member of the Cadet Party, actively developed the national question and the question of the autonomy of the Kingdom of Poland. It is revealed that F.F. Kokoshkin defended the independence of the Grand Duchy of Finland. It is substantiated that F.F. Kokoshkin made a significant contribution to the preparation of key aspects of the draft law ‘On the arrangement of the Kingdom of Poland’. It is concluded that F.F. Kokoshkin favoured the need to grant the right of cultural self-determination for all nationalities and the right of autonomy for the national suburbs of Finland and Poland.

Current Issues of the State and Law. 2025;9(2):208-218
pages 208-218 views

Issues of Private and Public Law

General characteristics of legal liability for environmental offences: problematic aspects

Demichev A.A.

Abstract

Several main problems of the general characteristics of legal liability for environmental offences are highlighted: 1) the existence of specific “legal environmental” liability; 2) the use of the concept of “property responsibility” in Article 79 of the Federal Law “On Environmental Protection”; 3) the mention of disciplinary responsibility in the same article. The opinion is expressed that there is no specific legal environmental liability – all its so-called features fit into the characteristics of administrative and civil liability for violation of legislation in the sphere of natural resource use and environmental protection. The article substantiates the expediency of excluding the mention of property liability from Article 79 of the federal law “On Environmental Protection” and replacing the term “property” with “civil” liability. It is proposed to exclude disciplinary liability from the list of types of liability for violations of legislation in the sphere of nature use and environmental protection, since it does not have any specificity in the environmental sphere and takes place exclusively within the framework of labor legal relations.

Current Issues of the State and Law. 2025;9(2):219-225
pages 219-225 views

Public law regulation in the field of biomedicine in the Republic of Poland

Romanovskii G.B., Romanovskaya E.A., Dasaeva A.I.

Abstract

The article presents the legal basis for the regulation of biomedical activities in the Republic of Poland. The aim of the study is to identify the peculiarities of the legal regulation of the medical profession by analyzing the laws defining the legal status of different groups of medical workers. A special law is devoted to the legal status of the patient and the medical chamber. The self-regulatory organization unites all medical workers on a professional basis, it is also responsible for admission to the profession and control over professional activities. Special attention is paid to the Law of July 1, 2005 on the collection, storage and transplantation of cells, tissues and organs. It is concluded that the legal regime of some technologies is defined for the future as a medical experiment. The status of biobanks is defined. Peculiarities of legal regulation of donation of human organs (tissues, cells) are shown. It is noted that in the Republic of Poland a conservative approach is formed on many “sensitive” biomedical problems (due to a noticeable influence of religious ethics formed by the Roman Catholic Church). This applies, in particular, to the legal regulation of artificial termination of pregnancy. The article presents a general analysis of the decisions of the European Court of Human Rights, in which Poland was found guilty of human rights violations.

Current Issues of the State and Law. 2025;9(2):226-235
pages 226-235 views

Modeling of the content and structure of the family policy framework of the Republic of Belarus

Andryiashka M.V.

Abstract

The research is devoted to modelling the content and structure of a conceptual state document in the field of family policy of the Republic of Belarus. The aim is to identify the main trends that essentially characterise the current state of marriage and family institutions, to separate family policy measures from demographic policy measures in order to form a feasible document that takes into account existing and potential risks and threats, which is especially important in view of the approaching new five-year cycle of state planning and state forecasting. The methodological basis of the study is based on such principles of scientific knowledge as objectivity, comprehensiveness, systematicity and comprehensiveness. The formal-legal method (contributed to the identification and comprehensive analysis of trends), methods of structural analysis and synthesis (used to detect contradictions and cause-and-effect relationships), comparative-legal method (contributed to the identification of negative trends of the concept under development), scientific-predictive method (provided an opportunity to anticipate the expected results) were used. Trends in the functioning of marriage and family institutions; factors of influence on the functioning of the family institution; external and internal contours of family policy priorities; a map of family policy spheres; strategic directions of family policy, tools and reserves of its implementation were defined. The form of a conceptual document in the sphere of family policy, as well as the body approving it, is substantiated and proposed. The structure of the concept of family policy of the Republic of Belarus is proposed.

Current Issues of the State and Law. 2025;9(2):236-247
pages 236-247 views

The legal status of the founders (participants) in the bankruptcy case

Sungatullina L.A., Kamaletdinova A.V.

Abstract

The formation of a holistic view of the rights, duties and responsibilities of the founders of a legal entity in insolvency (bankruptcy) relations is necessary to understand the legal nature and features of the mechanism of legal regulation of relations in the field of bankruptcy, to identify areas for improving relevant legislation. The purpose of the study is to examine the set of powers of the debtor's founders (participants) and compare them with the procedures used in bankruptcy proceedings. The analysis of the legal standing of the founders/members of the debtor company in bankruptcy proceedings is conducted. The necessary limitations on their legal standing in order to prevent unfair behavior are identified. The relationship between the set of powers of the founder/member and the goals of the particular bankruptcy process is explored. The issue of holding the founders/members liable for subsidiary liability as controlling parties of the debtor is addressed. The research methods employed include analysis, synthesis, legal modeling, legal-technical analysis, and comparative law. A conclusion is drawn regarding the connection between corporate governance models and the legal standing of a debtor entity. The peculiarities of differentiation of the status of founders during separate bankruptcy procedures are considered. The necessity of changing the bankruptcy legislation in terms of toughening the responsibility of the founders (participants) of the debtor in connection with their abuse of their rights is substantiated.

Current Issues of the State and Law. 2025;9(2):248-255
pages 248-255 views

Matters of jurisdiction of disputes in the sphere of investment arbitration

Gavrilenko V.A., Gavkalyuk A.B.

Abstract

Investment arbitration is a separate branch of commercial arbitration designed to settle disputes on legal relations in the field of investment and investment. As a rule, the parties to these disputes belong to different states and different legal systems. Consequently, investment disputes, in most cases, are subject to international rather than national commercial arbitration. The purpose of the study is to analyze the matters of jurisdiction of disputes of economic turnover subjects to arbitration courts in the sphere of investment arbitration and the competence of arbitration institutions to consider these types of disputes. Arbitration of the aforementioned disputes has its original peculiarities that allow to assert the sectoral nature of investment arbitration. The institute of commercial arbitration as a means of settlement of investment disputes is also quite developed and demanded in the world legal and economic systems. Investment activity of business entities is widespread in the modern economy and requires different ways of settling possible disputes and conflicts. This publication studies legal issues of arbitrability of disputes, in general, and certain types of disputes in the sphere of investment legal relations, in particular. Conclusions are made about the main advantages and disadvantages of legal regulation of the institute of investment arbitration in modern law.

Current Issues of the State and Law. 2025;9(2):256-264
pages 256-264 views

Current Issues of Criminal Legal Sciences

On the prospects for the development of criminology, the place of the theory and understanding of the criminalization model in the context of the concept of criminal law modeling

Markuntsov S.A., Markuntsova I.A.

Abstract

In the context of discussing the problem of the crisis of criminology, the conclusions about the need to develop a theory of criminalization/decriminalization, which is an integral part of the concept of modeling criminal law, included in the subject of criminal law (such a part of it as the sociology of criminal law), and to develop an approach to understanding the criminalization model from the position of the result of this process are substantiated. The hypothesis that the concept of criminalization model, in essence – the model of criminal prohibition, should potentially become one of the basic concepts within the concept of modeling of criminal law is substantiated and its understanding as a certain layout, scheme of construction of such prohibition (from the position of its internal structure and (or) external form of expression), reflecting the peculiarities of normative-legal consolidation and legal-technical design, characterizing the boundaries of the action (spread) of such prohibition through the prism of objective and in some cases, subjective features of the composition(s) of the crime(s), as well as the assessment of benefits and values in the context of priorities of criminal law protection.

Current Issues of the State and Law. 2025;9(2):265-272
pages 265-272 views

Legal prohibition in the mechanism of the State’s criminal policy

Mikautadze S.R.

Abstract

The article scientifically analyses the functional role of legal prohibition as an instrument of ordering the most significant social relations in the conditions of modern tendencies of criminal policy of the state. The social essence of legal prohibition as a method of legal regulation, as well as an important and integral tool of the mechanism of criminal policy of the state is investigated. The conclusion that the legal prohibition, being an expression of a part of positive social relations, provides their protection from inadmissible, categorically condemned by society criminal behavior and, therefore, exists objectively and independently of the mechanism of criminal-legal regulation is substantiated. Special attention is paid to the study of the socio-legal role of legal prohibition in the mechanism of criminal policy to counteract crime. The thesis that the legal prohibition, as well as permissions and prescriptions, are general legal tools of ordering social relations and have no branch affiliation is voiced. The conclusion about two interrelated concepts of modern domestic criminal policy: social and legal impact and criminal law regulation, as well as about the central place in the content of these concepts of the functional role of the legal prohibition and the institute of criminal punishment. It is concluded that the application of legal prohibition in the process of criminalization of unlawful acts should not contradict the socio-legal essence of this phenomenon and the doctrine of criminal law, on which the construction of criminal law and law enforcement practice are based. The conflict of conformity, desirable and possible in the context of modern trends in criminal policy has become the subject of this study, and the proposed conclusions emphasized its relevance and substantiated its practical significance. The purpose of the study is to scientifically substantiate a conceptual approach to understanding the mechanism of criminal law regulation and its practical application in the context of modern trends in criminal policy of the state on the basis of a reasoned idea of the social essence of legal prohibition. The methodological basis of the study was provided by both general scientific methods of cognition (dialectical method, analysis and synthesis, induction and deduction) and private legal methods: comparative-legal, formal-legal, concrete-sociological and others. The use of these methods allowed to provide a comprehensive study of legal prohibition as a socio-legal and legal phenomenon, to give a legal characterization and assessment of its functional significance in the mechanism of domestic criminal policy. The practical significance of the study lies in its focus on the analysis of the functional role of legal prohibition in the mechanism of criminal law regulation, substantiating the scientific concept of the construction and application of criminal law norms in domestic law enforcement practice.

Current Issues of the State and Law. 2025;9(2):273-280
pages 273-280 views

Legal features of the activities of prosecutor’s office in the early crime prevention process

Kashirina O.N.

Abstract

Until the end of the 80s of the 20th century, this direction of scientific research has received special attention, because in practice it proved its feasibility and effectiveness. In the 1990s, with the change of priorities in scientific research, the study of early crime prevention became less relevant, and the focus was on the organization of the fight against already existing crime. The adoption in 2016 of the Federal Law “On the Fundamentals of the System of Prevention of Offenses in the Russian Federation” did not solve all the problems. Law enforcers faced a number of problems related to the implementation of the provisions of said legislative act. It should be noted that at the time of the adoption of the Federal Law “On the Fundamentals of the System of Prevention of Offenses in the Russian Federation” the level of crime in the Russian Federation was quite high. A special place in the early prevention of crime is assigned to the prosecutor’s office of the Russian Federation. The purpose of this scientific article is to determine the peculiarities of the realization by the procuratorial bodies of their powers in terms of early prevention of crime. As a result of the study, conclusions are drawn about the importance of the activities of the prosecutor's office in the early prevention of crime.

Current Issues of the State and Law. 2025;9(2):281-290
pages 281-290 views

Согласие на обработку персональных данных с помощью сервиса «Яндекс.Метрика»

1. Я (далее – «Пользователь» или «Субъект персональных данных»), осуществляя использование сайта https://journals.rcsi.science/ (далее – «Сайт»), подтверждая свою полную дееспособность даю согласие на обработку персональных данных с использованием средств автоматизации Оператору - федеральному государственному бюджетному учреждению «Российский центр научной информации» (РЦНИ), далее – «Оператор», расположенному по адресу: 119991, г. Москва, Ленинский просп., д.32А, со следующими условиями.

2. Категории обрабатываемых данных: файлы «cookies» (куки-файлы). Файлы «cookie» – это небольшой текстовый файл, который веб-сервер может хранить в браузере Пользователя. Данные файлы веб-сервер загружает на устройство Пользователя при посещении им Сайта. При каждом следующем посещении Пользователем Сайта «cookie» файлы отправляются на Сайт Оператора. Данные файлы позволяют Сайту распознавать устройство Пользователя. Содержимое такого файла может как относиться, так и не относиться к персональным данным, в зависимости от того, содержит ли такой файл персональные данные или содержит обезличенные технические данные.

3. Цель обработки персональных данных: анализ пользовательской активности с помощью сервиса «Яндекс.Метрика».

4. Категории субъектов персональных данных: все Пользователи Сайта, которые дали согласие на обработку файлов «cookie».

5. Способы обработки: сбор, запись, систематизация, накопление, хранение, уточнение (обновление, изменение), извлечение, использование, передача (доступ, предоставление), блокирование, удаление, уничтожение персональных данных.

6. Срок обработки и хранения: до получения от Субъекта персональных данных требования о прекращении обработки/отзыва согласия.

7. Способ отзыва: заявление об отзыве в письменном виде путём его направления на адрес электронной почты Оператора: info@rcsi.science или путем письменного обращения по юридическому адресу: 119991, г. Москва, Ленинский просп., д.32А

8. Субъект персональных данных вправе запретить своему оборудованию прием этих данных или ограничить прием этих данных. При отказе от получения таких данных или при ограничении приема данных некоторые функции Сайта могут работать некорректно. Субъект персональных данных обязуется сам настроить свое оборудование таким способом, чтобы оно обеспечивало адекватный его желаниям режим работы и уровень защиты данных файлов «cookie», Оператор не предоставляет технологических и правовых консультаций на темы подобного характера.

9. Порядок уничтожения персональных данных при достижении цели их обработки или при наступлении иных законных оснований определяется Оператором в соответствии с законодательством Российской Федерации.

10. Я согласен/согласна квалифицировать в качестве своей простой электронной подписи под настоящим Согласием и под Политикой обработки персональных данных выполнение мною следующего действия на сайте: https://journals.rcsi.science/ нажатие мною на интерфейсе с текстом: «Сайт использует сервис «Яндекс.Метрика» (который использует файлы «cookie») на элемент с текстом «Принять и продолжить».