Annotations № 6 (165) / 2025

THEORY OF LAW AND STATE

Khuzhina O. (Nizhny Novgorod) Traditional Russian spiritual and moral values in law: the problem of general theoretical understanding

The article suggests considering traditional Russian spiritual and moral values as an independent legal phenomenon. To substantiate the position, scientific approaches to understanding traditional values in a legal context are summarized. The author formulates her own definition of the concept of traditional Russian spiritual and moral values in law. As a basic feature, it is indicated that traditional values act as ideas about the proper level of spiritual and moral development of a person, which is guaranteed by law. It is stated that the inclusion of traditional values in the legal sphere as an independent phenomenon leaves an imprint on law enforcement activities in the form of the need for direct guidance of ideas reflected in traditional values, or taking into account the substantive content of such when making a legal decision by a competent subject. The question is raised about the possibility of considering the idea of preserving and strengthening traditional values as a principle of law. Addressing the problem of traditional values in law from this angle will make it possible to link the law into a single organism, the functioning of which will contribute to the preservation and strengthening of traditional values. Attention is drawn to the study of traditional values from the perspective of a law-forming factor that influences the qualitative improvement of the Russian legal system in accordance with social needs and the nature of emerging relations, as well as an orientation towards lawful behavior. Examples from current legislation and law enforcement practice are given, proving the general legal nature of the idea of preserving and strengthening traditional values.

Key words: traditional values, spiritual and moral values, Russian law, the principle of law, legal education

Kuznetsov P. (Yekaterinburg) Transformation of legal institutions under the influence of digital technology challenges

The article examines the changes in legal institutions caused by the rapid development of information technologies. The emerging trends in the transformation of the legal structure are analyzed in the context of discussions about the evolution of law and its traditions. By defining the structure of a legal institution, the author emphasizes the importance of the function of law as one of its main system-forming elements. It is noted that in the context of digitalization, institutional structural changes in the legal system are particularly evident in the complex nature of norms that unite different branches of law and their institutions.

Key words: digital transformation, digitalization, legal system, legal institution, evolution of law, artificial intelligence, smart contract, digital law

Kusakin A. (Nizhny Novgorod) Branch affiliation of the assignment of the President of the Russian Federation: theoretical-legal aspect

The article discusses the question of which branch of domestic law the instructions of the President of the Russian Federation can be attributed to. The article examines the powers of the President of the Russian Federation to issue legal acts that regulate certain branches of law, such as constitutional law, administrative law, criminal law and civil law. The article also explores the administrative and constitutional legal nature of the instructions of the President of the Russian Federation. The article provides arguments based on the characteristics of administrative and constitutional legal acts that have been developed in legal doctrine. Based on this analysis, the article concludes that the instructions of the President of the Russian Federation are constitutional in nature, but they can also be used in administrative procedures.

Key words: assignment of the President of the Russian Federation, constitutional and legal acts, administrative and legal acts, branch affiliation, branch of law

INTERNATIONAL LAW

Nagieva A., Tkacheva V. (Moscow) Theoretical and practical aspects of granting diplomatic asylum for humanitarian purposes

The article examines the legal grounds for granting diplomatic asylum for humanitarian purposes. The authors explore the concept of humanitarian considerations as a justification for sheltering individuals in the premises of diplomatic missions. An analysis of the institution of temporary refuge is carried out in order to distinguish this practice from the institution of diplomatic asylum and identify the advantages and disadvantages of each of the protection mechanisms. The provisions of universal and regional human rights instruments are being examined as a potential legal base for granting diplomatic asylum. A brief description of the correlation between the principle of non-refoulement and diplomatic asylum is given. Possible conflict of norms of diplomatic law and international human rights law in the case of granting diplomatic asylum for humanitarian purposes is considered.

Key words: diplomatic law, human rights law, humanitarian considerations concept, diplomatic asylum, temporary refuge, diplomatic mission, principle of non-refoulement

Fedorov I. (Yekaterinburg) Subjects of international juridical process

The article, based on the initial definitions of international juridical process and international procedural relations, notes the specificity of international procedural relations. Drawing on the characteristics of the subjects of procedural relations identified in the theory of legal process, the author examines the subjects of international juridical process primarily in the context of jurisdictional activity and identifies those directly interested in the outcome of the juridical process and those in the lead. Among the latter subjects special attention is given to international judges and courts. Taking into account the work of researchers the author highlights the personal characteristics, functions of courts and their role in international law.

Key words: international juridical process, international court, international procedural relations, international court judges

Leontiev E. (Tyumen) International organizations of the Eurasian region and intergovernmental cooperation in environmental protection

The article examines the activities of international organizations of the Eurasian region in ensuring environmental human rights. Accelerating climate change, growing transboundary pollution and the increasing frequency of technological accidents enhance the importance of the right to a favourable environment and the related rights to access to information and participation in decision making. The purpose of the article is, on the basis of a comparative analysis of the normative acts of the European Union and the Eurasian Economic Union, as well as an overview of the acts of the Shanghai Cooperation Organization, the Commonwealth of Independent States and the Collective Security Treaty Organization, to show how environmental human rights are reflected in their law and to identify the specific features of the Eurasian approach in comparison with the European one. The novelty of the study lies in shifting the focus from general environmental regulation to the content and guarantees of environmental human rights and in comparing the EU and the EAEU precisely as integration entities that set binding standards for their member states. The methodological basis is formed by formal legal and comparative legal methods, which make it possible to take into account the relationship between environmental rights, the goals of sustainable development and the economic priorities of regional integration. The author concludes that environmental human rights are more thoroughly elaborated in the law of the European Union, whereas the acts of Eurasian organizations are dominated by general environmental objectives and technical requirements, with limited direct regulation of environmental rights and procedural guarantees. It is argued that a more consistent integration of human rights considerations into the documents of the Eurasian Economic Union, drawing on European experience, may enhance the coherence of regional regulation and the stability of the environmental policies of the states of the region.

Key words: environmental human rights, right to a healthy environment, regional integration, Eurasian Economic Union, European Union, international environmental law, transboundary pollution, sustainable development

CONSTITUTIONAL LAW AND PROCEDURE

Aslanov R. (Moscow) Development of the concept of public authority in the decisions of the Constitutional Court and legislation

The 2020 constitutional reform introduced the concept of «unified system of public authority» into the text of the Constitution for the first time. The concept of public authority itself has repeatedly been the subject of research by Russian scientists, but a unified understanding of it has not been formed in legal science. This is evidenced by the wide range of opinions on the nature, structure and functions of public power formulated by researchers before 2020. The reform that has been carried out makes us think once again about the nature of public power and its genesis in the Russian legal system to actualize doctrinal ideas about the now unified system of public power. Until 2020, the key source of law reflecting the nature of public authority was the legal positions of the Constitutional Court, which over the course of almost 30 years gradually formed the foundations of the concept of public authority in the Russian legal system. Thus, by 2020, the Constitutional Court had defined the structure of public power, formulated the nature of its unity, including functional unity, and summarized its functions. As a result of the 2020 reform, the concept of public authority was developed in legislation, which developing its constitutional content clarified the composition of public authority, the principles and mechanisms of its functioning. Currently, it can be said that the modern content of the unified system of public authority was a natural result of the development of this concept in the legal positions of the Constitutional Court. At the same time, this content differs significantly from the positions of many researchers regarding the structure of public power, the content of interaction and the autonomy of its elements.

Key words: public authority, unified system of public authority, concept of public authority, legislative development of the Constitution, legal positions of the Constitutional Court

ELECTION LAW AND ELECTION PROCEDURE

Budkin V. (Moscow) The subjective electoral right and «accessary» powers in the field of elections in the Russian Federation

The article examines the concept of subjective electoral right through the prism of its place in the system of human and civil rights and freedoms – as a fundamental (constitutional) right, a political right belonging to a citizen, as well as an element inherently linked to the very public law institution of elections. The components of the content of subjective electoral right are analyzed – the right to vote and the right to be elected (active and passive electoral rights), and their limits are determined. Through a comprehensive consideration of the electoral process as a set of relations regarding elections, the concept of «accessary» powers in the field of elections in the Russian Federation is formulated. The author concludes that these powers are not included in the content of subjective electoral right and are complementary to it. The article considers the signs that distinguish these powers from subjective electoral right and take them beyond the limits of subjective electoral right (their carriers, conditionality by different parameters and the absence of direct consequences of their violation for election results). In addition, specific «accessary» powers in the field of elections that are not named in the legislation are identified and analyzed: the power to choose the method of voting, the power to participate in preliminary elections (primaries), the power to sign in support of the nomination of candidates or lists of candidates. The study was implemented in the framework of the Basic Research Program at HSE University in 2025.

Key words: subjective electoral right, the right to vote and be elected, «accessary » powers in the field of elections, electoral process, elections

CRIMINAL LAW AND PROCEDURE

Balakshin V. (Yekaterinburg) Prosecutor’s refusal to charge: problems of legislative regulation

The Criminal Procedure Code of the Russian Federation provided for a number of institutions that were not included in the Criminal Procedure Code of the RSFSR. These include the institution of the public prosecutor’s refusal to charge. In general, the grounds, procedure and procedural consequences of refusal are provided for in Part 7 of Art. 246 of the Criminal Procedure Code of the Russian Federation. The practice of applying this norm has shown that its requirements need to be improved and coordinated with other norms of the criminal procedure law. Despite the critical comments of scientists and practitioners, the legislator did not consider it necessary to change anything in this norm and in relation to the institute as a whole. Recently, there has been a problem regarding the powers and procedural possibility of the prosecutor’s refusal to charge in the court of appeal. There is no uniform practice on this issue. The article attempts to analyze problematic issues, substantiate their causes and formulate proposals for improving legislation. In particular, it is proposed to limit the list of grounds for the public prosecutor’s refusal to charge.

Key words: public prosecutor, prosecutor, prosecution, denial of charges, court, appellate instance, adversarial, termination of criminal case

Lamteva A. (Nizhny Novgorod) The pre-trial proceedings of the domestic type of criminal procedure: the procedural transfer

The pre-trial part of the Russian type of criminal procedure needs to be rethought. The essence of the typology of domestic criminal proceedings is that it serves as a procedural repository of known national criminal procedural technologies and institutions. We suggest to focus on developing a balanced concept of eclectic types of criminal prosecution, on developing the idea of a public-private type, on implementing the possibility of reconciliation of the parties at the stage of preliminary investigation, on expanding the powers of a prosecutor. The parties should be able to immediately apply to a magistrate’s or district court in a number of criminal cases. Expanding the number of criminal cases related to private prosecution will reduce the burden on the preliminary investigation stage and optimize the resolution of criminal conflicts between close relatives. Modern pre-trial procedure is mixed that is simultaneously adversarial and investigative. We propose to periodically supplement the construction of favor defensionis and focus on the dominance of the judicial principle over the investigative one to harmonize such a technological dichotomy.

Key words: typology, adversarial nature, search, type, pre-trial proceedings, types of criminal prosecution, prosecutor, investigator

Sintsov V. (Moscow) Quasi-crimes in criminal law of Russia

Inconsistent innovation of criminal legislation has a negative impact on its intra-systemic properties and, among other things, leads to the emergence of unmotivated criminal-legal prohibitions in it, which can be called «quasi- crimes». The article notes that the criminalization of such acts is based on motives of political expediency, caused by giving an exaggerated significance to the Criminal Code of the Russian Federation as an instrument of control over deviant behavior of an individual, the lack of an appropriate intersectoral approach to the regulation (protection) of public relations, and excessive ideologization of criminal legislation. Using the example of a comparative analysis of various criminal acts and provisions of the General Part of the Criminal Code of the Russian Federation, the legal inconsistency of quasi-crimes as behavioral acts that do not have the characteristics of a crime is shown. In order to eliminate the imbalance in the current criminal legislation and unify the procedures for its further adjustment, the need to develop a regulatory framework for verifying the relevant legislative initiatives from the point of view of their compliance with the constitutional principles of legal certainty and proportionality is substantiated. As a legal mechanism to ensure verification of normative decisions on supplementing the Criminal Code of the Russian Federation with new prohibitions, for their reasonableness and validity, as well as for the purpose of eliminating possible conflicts between constitutional values, maintaining a balance of public and private interests, it is proposed to use such an analytical tool as the «proportionality test».

Key words: quasi-crime, quasi-composition, crime, elements of a crime, criminalization, legal uncertainty, proportionality, «proportionality test»

QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITY

Sofronov D. (Vologda) Legal regulation of public assistance of lawyers to bodies carrying out operational search activities (problem statement)

The current legislation allows for the provision of public assistance by lawyers to bodies engaged in operational investigative activities. The recognition of the permissibility of the parties entering into legal relations providing for the assignment of mutually conditional duties to subjects is dictated by the interests of operational investigative practice, which uses the institute of assistance to achieve the goals and solve the tasks of operational investigative activities. However, this creates conditions for reducing and even losing trust on the part of real and potential clients in lawyers, calls into question their independence and strict preservation of attorney-client confidentiality, which are the fundamental foundations of the functioning of the bar as an institution of civil society performing significant functions in a state governed by the rule of law. This circumstance requires a scientific understanding of the expediency of introducing a ban on lawyers providing assistance to the relevant competent authorities within the framework of legal relations of public assistance.

Key words: operational search activities, bodies carrying out operational investigative activities, confidential assistance, public assistance, lawyer, advocacy, trust, independent

PROCURACY SUPERVISION

Pugachev A. (Yekaterinburg) Legality of the prosecutor’s objection to an act that is incorrect

The article examines and formulates the essence of the lawfulness requirement applied to acts of prosecutorial intervention, including the prosecutor’s protest against a legal act that does not comply with the law. The implementation of the lawfulness requirement by prosecutors in relation to acts of prosecutorial intervention is examined from the perspective of the problem of the relationship between the requirements, their differentiation and the definition of the specific content of the lawfulness requirement. Based on the analysis of the relationship between the requirements and the content of each requirement applied to acts of prosecutorial intervention, the article proposes the content of the lawfulness requirement that prosecutors should implement when using the relevant act of prosecutorial intervention.

Key words: act of prosecutorial response, prosecutor’s protest against a legal act that does not comply with the law, requirements for acts of prosecutorial response, legality of the prosecutor’s protest

LABOUR AND SOCIAL LAW

Golovina S. (Yekaterinburg) Standardization of qualification requirements for legal specialties in the EAEU states

Amendments to the Treaty on the Eurasian Economic Union introduced in 2022 made employment of legal professionals in EAEU member states more accessible. However, to determine the prospects and opportunities for the migration of legal professionals, it is necessary to compare the qualification requirements established by EAEU member states for legal professions, including determining the level of professional training and the content of professional knowledge and skills. An analysis of the legislation of EAEU member states allowed us to identify legal methods for determining qualification requirements and identify differences in approaches to developing national qualification systems. This led to the conclusion that it is necessary to harmonize qualification requirements for legal professions in the EAEU labour market, harmonize terminology, the structure and content of qualification requirements, and improve the mutual recognition of professional qualifications verification results. It is advisable to continuously exchange information between existing qualification systems in EAEU member states, strengthen their coherence and increase the flexibility of educational programs by making them interstate in nature. The creation of a unified educational space within the EAEU will help ensure the professional training of lawyers prepared to work in EAEU countries.

Key words: EAEU, qualification requirements, legal specialties, professional standards

ECONOMICS AND LAW

Avtandilov A. (Moscow) On the issue of borders of budgetary legal relations

Distinguishing budgetary legal relations from other intra-industry (financial and legal) and sectoral (within the framework of intersectoral relations) in the context of economic globalization, as well as increasing intersectoral convergence, is one of the central tasks of modern financial and legal science. In these circumstances there is a need for a clear demarcation of budgetary legal relations in order to prevent legal conflicts, legal uncertainty and ensure the targeted and effective use of public finances. The work focuses on the analysis of the significance of the legal facts that give rise to the emergence, change and termination of budgetary legal relations from the perspective of the problems of their boundaries. The study substantiates that the boundaries of legal relations represent the permissible limit of the rights and obligations of subjects of legal relations established by the norms of law within the framework of a certain subject of legal regulation, ment of these legal relations along the path of their emergence, modification or termination. The main features of budgetary legal relations are revealed: a public nature, a mandatory subject – the state, the emergence and development of public authorities only in the sphere of budgetary activities. The problematic points of interaction of the norms of budget law as a subbranch of financial law with the norms of other branches are separately analyzed, individual problems in law enforcement practice are identified. The boundaries of budgetary legal relations in the spatial aspect and in the context of the expansion of the subject of budgetary law are considered.

Key words: budgetary legal relations, legal relations, boundaries of legal relations, boundaries of budgetary legal relations, legal facts

PAGES OF HISTORY

Kalinina A. (Yekaterinburg) Axiological aspects of the transformation of Soviet higher legal education: scientific approaches and research perspectives

The article reveals the key features and specific characteristics of higher legal education of the Soviet period. Special emphasis is placed on the transformation of value bases. The author substantiates the prospects of using axiological tools for the analysis of legal education. The range of sources that can be used is noted. It seems promising to comprehend the Soviet experience in the development of legal education, including its axiological foundations, through an analysis of the positions of official authorities and public perception of the transmitted value orientations. The process of formation of the model’s value system was determined by both previous experience and the specifics of historical conditions. Values served as the semantic core around which transformable training models were built. The importance of studying transition periods, intellectual transit and succession issues is emphasized. Considerable attention is paid to the personalities of legal scholars – scientists, teachers who were carriers of university culture, connected different historical periods and preserved the traditions of professional legal training and legal science. Using the example of the history of the Ural State Law University named after V. F. Yakovlev, the formation of the value orientations of the Soviet specialized legal education is traced. The importance of the axiological approach for different areas of university work is shown: educational, research, pedagogical, educative, career guidance, etc.

Key words: legal education, axiology, values, intellectual transit, Sverdlovsk Law Institute, Ural State Law University named after V. F. Yakovlev, continuity