Proceedings of Voronezh State University Series Law
ISSN: 1995-5502 | Issues per year: 4 | Impact-factor RSCI 2021: 0,302 The journal publishes results of original legal researches. Not published articles, short messages and reviews in Russian are accepted to consideration and the publication. It is the leading scientific publication on actual problems of jurisprudence and practice. Indexed and abstract: Russian Science Citation Index (RSCI); List of Peer-reviewed Scientific Journals, entering to the international abstract databases and the systems of citing, recommended by the Higher Attestation Commission of the Russian Ministry of Education and Science for publication of principal scientific results of competitors for scientific degrees of science’s doctor and candidate. Editor-in-chief: Yuri N. Starilov, Doctor of Legal Sciences, Professor (Voronezh State University)
Popularization of legal science in Russia: history and modernity
The publication is devoted to the problems of popularization of legal science and is timed to coincide with the 105th anniversary of the Faculty of Law of the VSU. The author turns to the history of the phenomenon, reveals his own understanding of the popularization of legal science, comes to the conclusion that it is necessary to further develop this area of educational and pedagogical activity in jurisprudence, pays special attention to local history topics, including the past and modern experience of popularization of law by the staff of the legal faculty of the VSU.
Interaction of local self-government bodies with the population as a condition for the effectiveness of municipal government
The article is devoted to the issues of interaction between local governments and the population of municipalities in order to more effectively address issues of local importance, improve legal regulation and practice of applying the existing mechanism of such interaction, as well as the development of its new forms and directions.
State Authority. Legislative Process. Constitutional Law. Public Management.
resolution of issues of local importance
Formation and development of local self-government in Russia: from the law «on local self-government in the Voronezh region» to the Klishas – Krasheninnikov draft law
The article is devoted to the role and significance of the Law of the Voronezh Region «On Local Self-Government in the Voronezh Region» in the formation and development of legislation on local self-government in the Russian Federation. It provides a brief description of the main stages of the reform and a critical analysis of individual provisions of the Klishas – Krasheninnikov Bill.
Institute for acquiring citizenship in BRICS founding countries: general and special
This article focuses on the specifics of the legislation of the BRICS founding countries in the fi eld of citizenship, the principles on which the process of obtaining it is based, and analyzes the legal framework for acquiring citizenship on various grounds. Based on a comparative analysis, general trends and specific features inherent in each country are identified, which allows us to draw conclusions about the state and prospects of the institution of citizenship within the framework of the BRICS.
Towards centralization: «dual behavior» in Russian law and the problem of creating a national Russian legislation in the second half of the 15th – end of the 16th centuries
In the historical tradition, the name of the Russian state formed in the second half of the 15th century has become established as «centralized». At the same time, there is no clear and unambiguous definition of the essence of this term in Russian historical literature, and the existing definitions are vague and nebulous. This uncertainty is due to the fact that «centralization» itself is a complex and multifaceted political and legal phenomenon, and the processes of centralization of power at different levels proceeded at different speeds. For this reason, early modern states were under-centralized. The author of the article proves this thesis using the example of the «dual authority» of Russian law in the era of the «long 16th century» (mid-15th – mid-17th centuries). At that time, crown law coexisted with customary law. At the same time, customary law was not inferior in importance to crown law. This was due to the institutional weakness of the early modern state. Lacking the developed «muscles» of po wer, it was forced to seek support «from below». This forced necessity contributed to the conservation of traditional legal culture and customary law as its integral component. As a result, the legal fi eld of early modern states, including the Russian one, was in fact a hastily stitched «patchwork quilt». And as long as this situation persisted, it was premature to talk about the completion of centralization processes.
Legal guarantees of information rights in the Russian Federation
The article examines the issues of legal regulation of ensuring guarantees of information rights of citizens in the context of the information revolution. Based on the understanding of information rights as an integral part of fundamental human rights, the understanding of the phenomenon of “censorship” is analyzed from a theoretical and practical point of view. An opinion is expressed regarding the use of two terms denoting censorship in the legislation of the Russian Federation: “positive censorship” and “illegal censorship”. Attention is focused on the issue of violation of information rights of citizens in the consumer market, as well as in the provision of advertising services.
Information law. Digitalization. Artificial intelligence
Once again on the concept of civil law contract
The article analyses scientific views on the concept and essence of civil law contract. Scientific approaches to the definition of the contract of pre-revolutionary Russian authors, representatives of the Soviet legal school and modern researchers of this concept were investigated. The thesis is substantiated that in jurisprudence it is customary, according to the rules of legal technique, to ‘assign’ an independent legal concept to each legal phenomenon. The authors' critical approach to the scientific position of some scientists who justify the multivalence of the concept of civil-law contract is argued. Specific proposals to amend the wording of the concept of contract formulated in Article 420 of the Civil Code of the Russian Federation are formulated.
legislative formulation of the concept of contract
unambiguity and multivalence of the concept of contract
violation of the principles of legal technique
doctrinal discussion on the concept of contract
adjustment of the concept of contract in the legislation
Disclosure of evidence in Russian civil proceedings: the problem of conceptual choice in the development of the institution
The institution of evidence disclosure constitutes one of the fundamental elements of civil litigation, ensuring legal certainty and fairness in judicial proceedings. In recent years, the Russian civil procedure has undergone a series of changes and attempts at legislative improvement, including issues related to evidence disclosure. Some of these initiatives were partially implemented within the framework of the 2018 procedural reform; however, the fragmented approach to their incorporation has given rise to several challenges for lawmaking and law enforcement. This study aims to identify the key issues hindering the establishment of effective regulatory mechanisms concerning evidence disclosure in civil proceedings. The findings indicate that, to this day, the institution of evidence disclosure remains largely unregulated within the modern Russian civil process. Consequently, legislative initiatives to integrate evidence disclosure into civil procedure have not been fully implemented. The findings and conclusions of this study are of particular interest to legal professionals specializing in civil law and procedure.
the stage of preparing the case for trial
Professional legal representation as a means of ensuring timeliness settlement of civil case
The article is devoted to such a fact of influence on the length of proceeding in court as professional legal representation of the parties to the litigation. The efficiency, rationality of conduct of participants in the proceedings at various stages of the civil process is analyzed, which the legal profession assists in the exercise of their rights and duties.
«Revitalization» of the ideas of procedural cooperation as a trend of modern civil procedure in Russia and abroad
The current state of scientific discourse in the sphere of сivil procedural law indicates an increasing attention to value categories and guidelines that determine the meaning and content of procedural policy and the system of legal proceedings. The ideas of procedural cooperation, well known to proceduralists of the second half of the 19th – first half of the 20th century, are given a «new life» in the works of modern researchers. Such ideas, forming the basis of the court procedure in civil disputes, having systemic connection with the amicable dispute resolution, can determine a value-oriented vector for the development of the procedural system and help its calibration to achieve the social good.
Unitary and corporate legal entities: the problem of the criterion of differentiation
In the article, the author analyzes the criterion fixed in Article 65.1 of the Civil Code of the Russian Federation for dividing legal entities into corporate and unitary, determines how this criterion is reflected in each organizational and legal form attributed to unitary organizations. The article formulates a consistent approach to understanding the essence of the difference between unitary and corporate legal entities.
Features of protection of children’s rights on the internet
The article considers the features of protection of children’s rights in the development of the information society, taking into account the need to preserve and maintain the «principle of the best interests of the child». Using general and special scientific methods, including the method of comparative analysis, the method of quantitative assessment and the method of formal logic, the author systematizes the threats on the Internet that exist against children, explores the boundaries of the legal category “children” in relation to the issue of protecting their rights on the Internet, and tries to determine public, private and public principles in the general mechanism for protecting children's rights in the Internet space.
Features of judicial protection of property rights of the Russian Federation to forest resources
When considering court cases on the protection of the property rights of the Russian Federation to forest resources, a number of features should be taken into account. The article analyzes court cases (using the example of the Nizhny Novgorod region), in which authorized state bodies most often participate in claims for the protection of property rights of the Russian Federation to forest resources. Such cases are considered both in arbitration courts (for example, between public authorities and entrepreneurs) and in courts of general jurisdiction (for example, cases of prosecution for illegal logging). It has been revealed that the standard procedure of judicial proceedings in such cases involves statements of claim, collection of evidence, examination of the state of forest resources and assessment of the damage caused. Judicial protection of the property rights of the Russian Federation to forest resources is a complex and multilevel process, the most important elements of which are law enforcement practice, the participation of specialized government agencies and the assessment of the environmental consequences of violations. The analysis of the practice materials highlights several important features and problems that indicate the insufficient effectiveness of selective control and supervision of the use of forest resources.
Screenshot as electronic evidence in arbitration proceedings
The paper examines the definition of electronic evidence and its place in civil proceedings, and analyzes various approaches to assessing screenshots as evidence. Based on the study of judicial practice and scientific works, gaps in legal regulation that hinder the effective use of screenshots in legal proceedings are identified. The paper substantiates the author's point of view on the advisability of using screenshots as electronic evidence in arbitration proceedings. The need for legislative regulation of the issue of screenshots used as electronic evidence in arbitration courts has been identified, since their current status and evidentiary value are not sufficiently defined.
On the issue of the criminal procedure law operation in time in territories with unstable legal status
This article analyzes some issues related to the application of the norms of the Russian Federation Code of Criminal Procedure in the territories that recently became part of the Russian Federation. The legal grounds for the enactment of this law are considered and a number of legal incidents that arose during the period of changes in the current law in the territories under consideration are investigated. This study is relevant, since any rapid change in the current law is often the cause of controversial legal situations, considering and analyzing which it is possible to identify the shortcomings that contribute to their occurrence, and take appropriate legislative measures to prevent the occurrence of such situations in the future.
the criminal procedure law principle of the operation in time
Establishing the alimony fund of the Russian Federation
The article studies the prerequisites, features of creation of the Alimony Fund of the Russian Federation, goals, functions, competence, directions of activity, sources of financing of the organization; the provisions of national and foreign scientific literature, normative-legal acts on the issues of creation of alimony funds are studied and analyzed; the features of interaction with the authorities, the place of the Alimony Fund of the Russian Federation in the system of domestic law are established.
Administrative regulations – a source of labor law
The article is devoted to the study of the role and importance of Administrative Regulations in the legal mechanism of regulation of wage labor. It substantiates the idea of administrative regulations as a source of labor law. The role of organizational, procedural and procedural legal procedures through which the legal provisions provided for in the administrative regulations are implemented is considered.
organizational and procedural legal means
provision of public services in the fi eld of labor legislation
Methods of education related to physical and (or) mental violence against the personality of the student, pupil: regulation in the field of labor and criminal law
The authors consider one of the legal aspects of the special and additional responsibility of teaching staff, which requires an interdisciplinary legal approach. The article examines not only the issue of the lack of a clear conceptual framework in the legislation when determining the use of methods of mental and (or) physical violence to students, immoral misconduct of a teacher, but also the problem of ambiguity of judicial practice in this category of cases. Certain issues of qualification of non-fulfillment of duties for the upbringing of a minor have been studied and, on this basis, directions for improving criminal and labor legislation and the practice of their application are proposed.
methods of mental and (or) physical violence
failure to fulfill duties for the upbringing of a minor
Interaction of a judicial conciliator with the court and participants in administrative proceedings: the nature of legal relations
The article is devoted to the issues of judicial reconciliation within the administrative procedural form. The problems of understanding the content of the term «judicial reconciliation» are considered. The author has tried to characterize the relationships that develop between the court, the judicial conciliator and the parties to disputable legal relations during judicial reconciliation.
interaction between the court and the judicial conciliator
Modern directions of development of legislation on state control (supervision) and municipal control in the Russian Federation
The article examines the directions of development of legislation on state control (supervision) and municipal control in the Russian Federation. Innovations related to the digitalization of state control (supervision) and municipal control are also analyzed. In addition, the most current changes made to the Federal Law of July 31, 2020 No. 248-FZ «On State Control (Supervision) and Municipal Control in the Russian Federation» are analyzed.
Issues of financial and legal regulation of decentralized finance of certain types of nonprofit organizations
The article is devoted to the study of the particularities of relations on the accumulation of funds of some types of nonprofit organizations, which are assigned by the state to the implementation of public functions. A detailed analysis is carried out on the fund owned by an autonomous nonprofit organization – the Financial Ombudsman Support Service. The relations regarding the accumulation of this fund from various sources are examined, as well as their financial and legal regulation is substantiated.
Transformation of Russian criminal law in the special military operation
Based on a systematic approach, the author of the article studies the directing influence of the processes and phenomena taking place in the modern life of Russian society and related to the conduct of a special military operation by the Russian Federation. Current events have necessitated an understanding of the transformation processes in Russian criminal law and the determination of the patterns and vectors of its development. Law enforcement officers are faced with the question of how to implement in practice the new edition of criminal law norms, as well as the innovations in criminal legislation. At present, Russian criminal law is seriously reforming, due to new threats to national security and revised social demands to increase the intensity of criminal repression, to strengthen state power and to raise the consciousness of citizens. The author has revealed a number of legal gaps and collisions that appeared as a result of a major update of criminal law and need to be liquidated.
Criminal Law. Criminal Process. Criminalistics
On the need to expand the range of subjects of criminally punishable non-fulfillment of duties for the upbringing of a minor
In the context of active criminal lawmaking, the critical legal method of evaluating both the novelties of the law and the provisions that have not been changed is of particular importance. The need for a critical assessment of the latter is caused by the dynamics of social life, an adequate reflection of which forms the essence of the requirement of social conditionality imposed on law in principle and on criminal law in particular. At the same time, the possibilities of an interdisciplinary and intersectoral approach are of particular importance. Thus, the transformation of the institution of the modern family, stated by sociologists, is not taken into account by the legislator, who continues to focus on the nuclear, «traditional» family model, including for the purpose of criminal law protection of the family and minors. This is evidenced, for example, by the range of subjects of non-fulfillment of duties for the upbringing of a minor by parents and other persons to whom this duty is assigned in accordance with the procedure established by law. Outside of it are persons who actually perform duties to raise a minor, which include other relatives and persons who are in a kinship relationship with the victim or who are not. In order to overcome the indicated gap, Article 156 of the Criminal Code of the Russian Federation proposes to use the term «actual upbringing».
social conditionality of the criminal law
Emerging trends in cybercrime development
The main factors that have had a direct impact on the uncontrolled growth of crimes committed in modern cyberspace have been identified; a causal relationship has been established between global events and the uncontrolled growth of cybercrime from 2020 to the present; a meticulous analysis of statistical data provided by competent authorities of foreign states and international organizations was conducted regarding the growth of cybercrimes committed over the past three years; the structure of the phenomenon under study was studied; the main characteristics inherent in such a negative modern phenomenon as cybercrime are revealed.
Cybercrimes: concept, types, counteraction measures
The nature of cybercrimes, their classification and determinants of their spread in modern conditions examines. Special attention is paid to socially and politically motivated cyberattacks, as well as to the unlawful dissemination of false information (fakes) and the use of large-scale fake user accounts (account farms). Key countermeasures and strategies for enhancing the effectiveness of prevention are analyzed. The study provides an overview of scientific literature and legal acts that view cybercrime as one of the most urgent challenges of the digital age.
Challenges to the prosecutor's ability to oversee a preliminary investigation
The article attempts to summarize some of the problems of prosecutorial supervision of the procedural activities of the preliminary investigation bodies. It is argued that the determination by the prosecutor of the jurisdiction in cases of crimes of small and medium gravity is applied to the corpus delicti not specified in Article 151 of the Criminal Procedure Code of the Russian Federation. The grounds for transferring the criminal case from the inquiry body to the preliminary investigation body are systematized. The issues of resolving disputes about jurisdiction by the prosecutor are being considered. The procedure for the prosecutor to connect criminal cases in the proceedings of various bodies of preliminary investigation is summarized. It is argued that the refusal of the prosecutor to support the petition of the investigator (interrogator) stated at the hearing is not mandatory for the court.
petitions of the investigator (interrogator)
Problems of criminal procedure protection of personal, public and state interests affected by the commitment of a crime
The criminal procedure law guarantees the protection of individuals and organizations that have suffered from crimes. At the same time, there are many examples of criminal cases in judicial and investigative practice where there are no victims (in the procedural sense of this concept). For example, these are crimes where the object of criminal law protection is the interests of the state and society (interests of civil service, public order, public safety, etc.). According to the position of the constitutional control body, an additional (optional) object of a criminal offense, which, in particular, may be the dignity of an individual (intangible benefit), also needs procedural protection, which cannot exclude the right to recognize as a victim the one who suffered moral suffering as a result of an attack on the interests of public authority. The author analyzes the procedural mechanisms for the protection of personal, state and public interests in criminal proceedings. Conclusions are formulated aimed at ensuring the protection of the rights of the individual - the victim, the interests of society and the state affected by the commission of a crime.
protection of rights in criminal proceedings
private and public in criminal proceedings
protection of state and public interests in criminal proceedings
Participation of a lawyer in the collection of evidence and the process of proof in a criminal case: provisions of the criminal procedure code of the Russian Federation and their application in reality
The problem of the legislative provision on the collection of evidence by the defense attorney and the designation of this formulation as a legislative fiction is considered; the difference between the concepts of «advocate» and «defender» and the issue of the participation of the attorney in the process of proving in a criminal case are examined; a solution to the identified problem is proposed.
collection of evidence in a criminal case
Tactical and ethical issues of the use of photography in criminal proceedings
This article discusses the issues of tactical and ethical application of photography in criminal proceedings. The need for a comprehensive study of all aspects of the use of forensic technology is manifested in the fact that recently there has been increased opposition to the investigation process from criminal elements, criminals use the latest achievements in science and technology to facilitate the commission of crimes and the secrecy of their criminal activities, which changes the tactics of crime investigation. There is a need to develop new and improve the applied tactical and ethical techniques for the use of photography in criminal proceedings, which in general will contribute to the technical and forensic support of investigative actions.
Digitalization of criminal proceedings: on the question of the concept
The article attempts to define the digitalization of criminal proceedings. It is noted that, on the one hand, this term is intuitive and it makes no sense to multiply new entities. On the other hand, the study of the phenomenon of digitalization (and it certainly requires careful research) should have a clear subject and clear boundaries. Of the points of view presented in the literature, the most popular one looks preferable – according to it, digitalization should be understood as the introduction of digital technologies. The concept of these technologies is revealed – they rely on binary code and electronic devices for processing it.