Annotations № 5 (164) / 2025

METHODOLOGY OF LAW

Elchaninova O. (Moscow) Biographical method as a tool for preserving legal values

The purpose of the article is to reveal the significance of the biographical method in legal research as an independent genre of biographies of outstanding legal scholars. It is shown that the actualization of the application heuristic capabilities, since it allows us to understand the genesis of the scientist’s views in the context of his life, to make a generalized portrait of the scientist, highlighting his intellectual and creative abilities, desire to know the truth, critical thinking. The author using the descriptive method, the methods of sample statistics, retrospective and axiological analysis determined that the researchers’ appeal to the scientific heritage of recognized authoritative legal scholars does not have a stable value, sometimes increasing, sometimes decreasing. The facts of institutionalization of bibliographic research are given, a description of the forms of memorization of outstanding legal scholars is given. A conclusion is made about the importance of the biographical method as a methodological tool that allows us to determine the directions of searching for ideas that can be recognized as legal doctrine.

Key words: methodology, biographical method, biography, legal doctrine, person-doctrine

PUBLIC ISSUES AND POLITICAL SCIENCE

Lazutin L. (Yekaterinburg) Geopolitical changes in the world and international security

The article examines the issue of geopolitical changes that occurred at the beginning of the XXI century and affected the architecture of the post-war world order, as well as the system of international security and international legal order. The dissolution of the USSR influenced on the transformation of the domestic and foreign policies of newly formed states and the emergence of contradictions in interstate relations.

Key words: geopolitics, «unipolarity», multipolarity, regionalism, international security, international organizations, sovereignty, inter-state cooperation

Kokotova M. (Yekaterinburg) Participative forms of exercising public authority by citizens

This article deals with the forms of citizen participation, which involve citizens not only expressing their opinion but also exercising public authority. The author demonstrates that individual citizens or their groups can carry out power actions in addition to participating in referendums, elections and other forms of people exercising their power. Those forms of citizen participation are very different in different countries. Three groups of such forms are presented: participation of citizens in the sessions of the public authorities, division of functions between citizens and government representatives, realization of some functions of the public authorities by citizens independently. It is noted that analyzing forms have some restrictions: the citizens who do not have the status of an official, can’t gain access to legally protected secrets. Besides acting independently, generally they have minimal discretion. When formulating conclusions, the author relies on studies of Russian and foreign legislation (France, Ecuador, Colombia, etc.).

Key words: citizen participation, democracy, participatory budgeting, juries of voting

Meshcheryakova A. (Penza) The mechanism of ensuring religious security in modern Russia

The article attempts to characterize the mechanism of ensuring religious security. The appeal to this topic is dictated by the possibility of using religion as a tool for committing illegal actions, such as carrying out extremist and terrorist activities, spreading socially dangerous religious movements, violating human rights and freedoms in the religious sphere and others. The very fact of the existence of a mechanism for ensuring religious security, which is part of the mechanism for ensuring national security, makes us think about the need for legislative development of a definition of religious security and the adjustment of relevant strategic planning acts. The structure of the mechanism for ensuring religious security is considered. The institutional segment of the mechanism under consideration consists of the subjects of its provision. Since the leading role in maintaining a stable foundation and creating safe conditions for the normal development of public relations, including in the field of religion, belongs to the state, these should include public authorities and other bodies performing state functions. It was noted that civil society institutions, such as public associations (religious and human rights organizations), educational institutions and the media, are actively involved in ensuring religious security. The object segment of the mechanism includes human and civil rights and freedoms (freedom of conscience, freedom of religion and related rights) and traditional spiritual values, which have recently received significant attention in their legal protection. The instrumental segment of the mechanism includes legal means by which the goals set by the state to ensure religious security are achieved. These are the state registration of religious organizations and their forced liquidation in cases stipulated by law, state religious expertise, legal responsibility, etc. In conclusion the main directions for improving the effectiveness of the religious security mechanism are identified.

Key words: national security, religious security, security mechanism, authorities, extremism, religious associations

COMPARATIVE JURISPRUDENCE

Sviridov Yu. (Surgut) Voluntary refusal to commit a crime in mixed legal families on the cases of Japan, South Africa and Scotland: doctrinal approaches and judicial practice

The article presents a fundamental comparative legal analysis of the institution of voluntary renunciation of crime in the context of the main legal families of our time. The study covers three key legal systems: Japanese (a Romano-Germanic family with elements of common law), South African (a mixed Romano-Dutch system) and Scottish (a unique branch of the Anglo-Saxon legal family). The author examines in detail how the characteristics of each legal family affect the conceptual understanding of voluntary refusal, the legislative consolidation of the institution, and the practice of its application in court decisions. Special attention is paid to: the Japanese model, which demonstrates a synthesis of continental and common law; the South African approach, which combines Romano-Dutch traditions with modern trends; the Scottish system, which preserves the unique features of Anglo-Saxon law with significant influence from European standards. The methodological basis consists of: comparative legal analysis, formal legal method and statistical study of court decisions (2020–2024). The author concludes: the Romano-German tradition (Japan) emphasizes formal rejection criteria; mixed systems (South Africa) develop comprehensive assessment tests; common law (Scotland) focuses on precedent regulation and social usefulness. The scientific novelty of the work lies in the systematic comparison of the institution of voluntary refusal through the prism of legal families, which makes it possible to identify universal and specific features of its regulation in various legal traditions.

Key words: voluntary refusal, legal families, mixed legal systems, criminal law, Japan, South Africa, Scotland, comparative law, judicial practice, doctrinal approaches

Fedosov I. (Saint-Petersburg) Legal status of non-Muslim population in the doctrine of the Islamic law

The article is devoted to the analysis of the norms of Islamic law in relation to persons residing in the jurisdiction of the Muslim legal order, but professing another religion. With the involvement of normative material and referring to the positions of famous Islamic scholars, lawyers and specialists in the field of Muslim law, the author traces the process of formation of a separate segment of Islamic jurisprudence, fiqh, namely a group of religious and legal norms devoted to regulating the personal status of a nonbeliever within the framework of the Islamic legal order. The work highlights the prerequisites for the formation of Muslim socio-normative culture and law in the narrow sense as original phenomena that have continuously existed in various guises for many centuries and have an impact both on the legislation of countries where the Muslim population historically predominates and on the architecture of social relations in these regions and states. The article focuses on the historical and legal aspect of the formation of Islamic legal norms of the personal status of a non-Muslim, which, however, is due to the characteristic feature of Muslim law, which, from the moment of its inception and separation from Islamic theology, has existed doctrinally and temporally continuously up to the present day.

Key words: Islam, Muslim law, personal status, legal status of non-Muslims, Sharia, Fiqh

CRIMINAL LAW AND PROCEDURE

Zijadova D. (Makhachkala), Malikova M. (Tambov) Murder motivated by blood feud: a legal assessment of the motive and purpose of the crime

An analysis of modern criminal law and criminological studies of murder motivated by blood feud indicates the lack of a unified approach to the legal assessment of this institution. The authors consider various approaches to determining the subjective signs of an act designated by paragraph «e.1» of part 2 of Art. 105 of the Criminal Code of the Russian Federation; describe the positive sides and negative consequences of the institution of blood feud based on generalizations of research results in different fields of knowledge. The results of sociological surveys of various categories of the population of the republics of the North Caucasus are presented. The authors state the impossibility of eradicating such an illegal institution of maintaining law and order in the Russian regions. The results of the analysis indicate that tougher penalties for committing this kind of murder in the framework of countering crime, which is a remnant of local customs, have not yielded results. On the contrary, the presence of a special entity indicates a violation of the principle enshrined in Art. 4 of the Criminal Code of the Russian Federation, which is confirmed by the results of sociological research. In order to offset such a provision in the criminal law doctrine, there are different points of view on changing the legislative regulation of the norm provided for in paragraph «e.1» of part 2 of Art. 105 of the Criminal Code of the Russian Federation. Based on the generalization of scientific research and analysis of judicial practice materials, proposals have been prepared to change the status of the institute of blood feud. It is proposed to delete paragraph «e.1» of part 2 of Art. 105 of the Criminal Code of the Russian Federation, which interprets the infliction of death motivated by blood feud as a qualified murder and recognize it as an act provided for in part 1 of Art. 105 of the Criminal Code.

Key words: murder, motive of blood feud, blood relation, custom, retribution, purpose of crime, symbiosis of purpose and motive, levelling inequality, principle of equal retribution

Vasilyeva E. (Moscow) Limits of review of a verdict in the court of cassation

The article substantiates the position that in the Russian system of criminal proceedings, the court of cassation cannot be deprived of the opportunity to make a decision on issues related to the factual side of a criminal case, due to formal procedural restrictions alone.

Key words: criminal case, powers of the court of cassation, grounds for cancellation and modification of a verdict

Maslennikova E. (Moscow) The right to trial by jury: definition, structure and position in the system of rights of the accused

The article examines the right of the accused to trial by jury. It is noted that the right to trial by jury is not basis, it is inherent only to a certain circle of accused. The content of this right is revealed in three aspects: the right to life, the right to a lawful trial and the right to choose the form of criminal justice. The correlation of the death penalty under the current moratorium and the need to ensure the right to trial by jury is described. The position of the right to trial by jury in the system of rights of the accused is determined. The classification of the accused is given depending on whether they have the right to choose the form of criminal justice and, in particular, trial by jury. The article examines the peculiarities of emergence and implementation of the right to choose the form of criminal justice as trial by jury and the right to consider a criminal case by jury. The problem of maintaining a balance of interests of several accused with opposing opinions regarding the consideration of their case by jury is raised. It is indicated that the State has an obligation to provide the realization of the right of the accused to be tried by jury. The definition of the right of the accused to trial by jury is given, taking into account the aspects, and its two-component structure is emphasized.

Key words: the right to trial by jury, the right to consider a case by jury, the right to life, the right to a lawful trial, the choice of form of criminal justice, the rights of accused

CIVIL LAW AND PROCEDURE

Shtykov V. (Vladivostok) The structure of the subject of civil law: modern regulation

The article examines the modern structure of the subject of civil law. The article analyzes the features of public relations included in the subject: property, personal non-property, corporate and entrepreneurial. Highlighting the signs of property and personal non-property relations, the author distinguishes these types of public relations, noting that the differences between them are gradually decreasing. The paper substantiates the need to move away from the classical division of personal non-property relations into related and unrelated property relations, due to the fact that personal non-property relations, at the present stage of society’s development, are characterized by an economic (cost) assessment. The author notes the peculiarities of corporate relations and their place in the structure of the subject of civil law. It is argued that corporate relations cannot be distinguished as an independent type of civil relations, since they can include property relations, non-property relations, and organizational relations. In the study of civil law and business law, the position is substantiated that certain elements of civil law relations are included in business relations and thus civil law is an integral part of the system of business legislation. At the same time, business law has unique features that distinguish it from civil law.

Key words: property relations, personal non-property relations, corporate relations

Polyakova A. (Stavropol) On the reformation of the legal nature of collateral in the sphere of credit relations

The article examines current changes in the legal nature of collateral in the context of legislative changes that came into force after the announcement of the Special Military Operation, as well as the strengthening of the institution of procedural immunity for the only housing specifically affecting the institution of collateral. The author examines their impact on credit relations in Russia in terms of the balance of interests of private and public principles in legal regulation. Particular attention is paid to cases of death of military personnel in the SVO zone when credit obligations are terminated, but the further fate of the collateral property remains unclear. The author analyzes the current legal gaps in the legal regulation of the fate of the subject of collateral upon termination of obligations and examines variations in the literal and broad interpretation of regulatory provisions. A separate problem is the lack of clear regulation of the fate of the collateral property upon termination of obligations for example in the event of the death of a serviceman. The author identifies three possible scenarios: the transfer of property to the heirs without encumbrances, the preservation of the collateral with the continuation of payments by the heirs, or the foreclosure on the collateral. Each of these options gives rise to legal conflicts especially when interpreting the rules on termination of obligations. The author critically evaluates the interference of public law in private law relations, which in the author’s opinion violates the principles of civil law and creates risks for credit institutions. The need to improve legal technology to prevent legal conflicts and protect the interests of all participants in legal relations is noted.

Key words: pledge, credit institutions, loan agreement, security of obligation, debt forgiveness, termination of obligations

Smirnov D. (Moscow) On the issue of «procedural force majeure» and adaptation of arbitration agreement terms

The article analyses the admissibility of changing the terms of arbitration agreements in changed circumstances, including the COVID-19 pandemic and international sanctions. It examines the theoretical and practical grounds for adapting an arbitration agreement when it is impossible to perform it under the agreed terms. The author explores the development of the concept of «procedural force majeure» as a tool for adjusting the procedural form of arbitration without losing the validity and enforceability of the agreement.

Key words: arbitration agreement, seat of arbitration, sanctions, procedural force majeure, rebus sic stantibus, change in contract terms

PROCURACY SUPERVISION

Dytchenko G. (Saint-Petersburg) Current issues of improving the organization of the prosecutor’s office activities

This article explores the prospects for improving the organization of the prosecutor’s office in the context of intense social transformations. Based on the thesis that organizations, regardless of the type of organizational system, should be considered as a subject of interdisciplinary study, the author, drawing on the theory of organization, economics, management sociology, and other fields of science, seeks to find conceptual ideas that can expand and complement existing doctrinal understanding of the organization of the prosecutor’s office and ways to improve it. The author proposes to combine these ideas into a unified concept of the prosecutor’s office’s organizational development, which is approved by a relevant legal act. Based on the results of the analysis of the essential and substantive definition of the organization of the prosecutor’s office’s activities, it is concluded that the goal of its organizational development, which is identified as an independent organizational and managerial function, is to change the results of its activities in order to increase their efficiency by influencing the main organizational components, such as goals, subjects, competence, structure, functions, interaction, as well as the external, internal, and auxiliary organizational subsystems of its activities, which are collectively defined as the subject of organizational development. The definition of the prosecutor’s office’s goal as the main goal in the hierarchy of its main organizational components determines the dependence of the state and prospects for the development of each of them on the choice and specification of the corresponding goal, which indicates the need to increase focus by specifying functional and sectoral goals and establishing a system of goals for all key areas of the prosecutor’s office’s activities. In order to focus resources and efforts, as well as to systematize measures to improve the organization of the prosecutor’s office, the most promising areas of its organizational development are highlighted.

Key words: organization of the prosecutor’s office activities, improvement, organizational development of the prosecutor’s office, concept of the prosecutor’s office development, goals of organizational development, subject of organizational development

ECONOMICS AND LAW

Burnakina A. (Moscow) A bridge over the digital divide: legal instruments of international trade in the age of digitalization

As the global economy undergoes rapid digital transformation, the issue of digital inequality is increasingly acquiring a distinct legal dimension. This article explores the potential of international trade law in addressing the digital divide. The author examines key legal instruments – the General Agreement on Tariffs and Trade (GATT), the General Agreement on Trade in Services (GATS), ongoing negotiations on electronic commerce within the framework of the World Trade Organization (WTO), as well as selected provisions of preferential trade agreements. A comprehensive analysis is provided of the institutional and procedural constraints within the WTO system that hinder the formal integration of the digital agenda into the multilateral trade regime. Special attention is given to the phenomenon of Joint Statement Initiatives, viewed as a contested yet potentially effective mechanism for advancing digital trade norms. Preferential agreements, in contrast, are shown to offer a more flexible and innovative approach, gradually shaping elements of future digital governance architecture. The article concludes that international trade law does possess tools capable of building a bridge across the digital divide; however, the success of this endeavor depends on the political will of states and the ability of international institutions to coordinate their efforts.

Key words: digital inequality, WTO, digital divide, international trade law, trade negotiations, digital inclusion

Zaporozhtsev D. (Moscow) Problems of legal regulation of biometric personal identification

In modern conditions the problem of control and information security of personal data is an important condition for the effectiveness of legal regulation of this sphere. A special subject in the sphere of remote identification is represented by biometric personal data. Biometric authentication is considered to be one of the most secure methods of identification and verification, which is due to its high level of accuracy and ability to guarantee the presence of a credential level of accuracy and ability to guarantee the presence of the verified person. The article considers the basic problems of legal regulation of biometrics as a condition for ensuring information security of a person.

Key words: biometrics, personal data, authentication, legal regulation, information security

PROBLEMS OF LEGAL SCIENCE AND EDUCATION

Sidorova A. (Samara) Legal aspects of artificial intelligence implementation: re-examining privacy in educational environment

The study focuses on the theoretical and legal aspects of the application of artificial intelligence (AI) in the field of education, with a particular emphasis on the threats to data privacy. By analyzing the transformation of traditional legal institutions, such as confidential information, in the context of digitalization, the study identifies new challenges in the processing of personal data of students and teachers. The study also highlights the issues of algorithmic bias, digital inequality, and the responsibility for the errors of AI systems. Through a comparative legal analysis of Russian and foreign legislation, the study identifies gaps in legal regulation and provides suggestions for improving the effectiveness of measures to mitigate these issues. The article concludes that it is necessary to develop specialized legal mechanisms that ensure a balance between innovation in education and the protection of data subjects’ rights.

Key words: personal data, artificial intelligence, legal risks, education, digital inequality, algorithmic fairness