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)
Artificial intelligence technologies as a too for enhancing the efficiency of the citizen appeals review institute
The study examines the positions of scientists and conditions of current legislation, covering the essence and experience of artificial intelligence in relation to public administration. Using the example of the implementation of the virtual assistant robot Max on the portal for state and municipal services, existing examples of the integration of artificial intelligence technologies into public administration in the Russian Federation are noted. The author proposes the improvement of digital support for citizen interaction with public authorities by introducing the «Obrashchenie.RF» platform. This platform will enhance the process of submitting, accepting, and reviewing citizen appeals, and will also contribute to increasing the effectiveness of control over this activity by authorized bodies and officials. The advantages of the proposed platform implementation, as well as potential risks and methods for their prevention, have been identified. The author concludes on the expediency and favorable consequences of implementing neural network technologies used in the review of citizen appeals and having potential for the improvement of the efficiency of public administration.
Distinguishing between regulatory and individual acts in order to choose the appropriate procedural form of challenge
The subject of this research is the approaches to understanding an administrative act in theory and judicial practice, the criteria developed by practice for distinguishing between regulatory and non-regulatory acts, the problems caused by this, and possible solutions.
The article focuses on the implementation of the e-state concept within the legal systems of Russia, China, India, Brazil, and South Africa. The methodological foundation of the research is the comparative legal method, which allows for the analysis of legal acts and state programs. The evolution of the concept from «e-government» to a «digital government» – from improving existing administrative processes to integration, proactivity, and personalized service delivery, is examined. A common trend for the BRICS countries is identified: a shift towards platform-based solutions that transform administrative procedures and the nature of interaction between society and the state. At the same time, China, Brazil, India, and South Africa, while focusing on functional aspects, are developing program-strategic models based on subordinate legal acts. In Russia, issues related to the formation of e-government have been elevated to the legislative level. The work contains an analysis of key initiatives, which confirms the connection between the level of development of the legal institutional infrastructure and the efficiency of public service delivery.
Problems of implementation of international norms on combating illegal arms trafficking in the Russian Federation
The article discusses the issues of the implementation of the norms of international law in the national legislation in the field of arms trafficking. The article examines the norms law of the UN, the EU governing arms trafficking and the norms of legislation of foreign countries. Attention is also paid to current trends in regulating arms trafficking at the universal, regional and local levels in international law. An overview of the current state of regulation of arms trafficking in Russia and its compliance with modern requirements of digitalization processes is conducted.
Unrecognised and partially recognised states as participants in international relations: the international legal perspective
The legal status of the so-called unrecognised and partially recognised States remains an enigma of international law. The same applies to their relations with recognised States, the actual existence and development of which still face considerable legal uncertainty. The article reviews strategies of indirect participation of such territorial entities in international relations, including those characterised by the abandonment of traditional diplomatic regalia and the conclusion of agreements of a de facto conventional nature. It also analyses the related practice of the national courts of recognised States, which is characterised by considerable pragmatism and the recognition of a certain legally significant existence for the relevant entities. The need for further study of the issue is noted, which must take into account the diversity of existing interests, with particular attention to the observance of established international legal values and principles.
Mexican arbitration as an alternative to European arbitration institutions in the era of sanctions restrictions
The paper presents the results of a study of the institute of arbitration in the United Mexican States and its prospects as an alternative to European arbitration. The author concludes that despite the fact that Mexican arbitration institutions can be considered impartial in relation to disputes involving Russian persons, in general, arbitration in Mexico is in the process of its formation, contains a number of legal mechanisms alien to Russian and European arbitration regulation, and is not ready to fully become an alternative to European arbitration institutions. The scientific novelty of the work is due to the lack of research conducted by the institute of modern arbitration in Mexico in the context of new sanctions realities. The purpose of the work is to build a systemically integrated understanding of the institution of arbitration in Mexico, its advantages and disadvantages. The practical significance of the article lies in the possibility of using its main provisions when applying to the institute of Mexican arbitration, in the recognition and enforcement of both Mexican arbitral awards and foreign arbitral awards in Mexico, as well as in resolving disputes with the relevant foreign element.
arbitration in private international law
Countering transnational organized crime within the collective security treaty organization
The article analyzes the legal and institutional mechanisms of the Collective Security Treaty Organization in the field of countering certain types of transnational crimes and proposed ways to improve the effectiveness of international cooperation of the Member States of the Organization in the field of ensuring security against transnational criminal threats.
legal and institutional mechanisms for countering crime
illicit trafficking in narcotic drugs and psychotropic substances
Organized crime of migrants as a new security challenge in Europe and America
The article examines the causes and conditions of the formation of organized crime among migrants, analyzes the situation with illegal migration in Western countries, and provides proposals for countering this type of crime, taking into account the specifics of international and national legislation. There is an increase in organized crime among migrants, and the reasons for the formation of this type of crime are indicated.
Criminal Law. Criminal Process. Criminalistics
Adding the misdemeanour category to russian crime legislation: ways and prospects
The article is devoted to the analysis of the main principles and methods of adding the misdemeanor category to Russian crime legislation, and the affected institutions of crime law and criminal procedure law also needed to be supplemented and amended in this regard.
Complicity in criminal law: modernity and prospects
The article offers an analysis of the norms of the institution of complicity in domestic criminal legislation. The authors of the article examine the most acute problems of the institution of complicity from the point of view of the theory of criminal law and the practice of its application, namely: polar concepts of accessory complicity and independent responsibility of accomplices, which in practice come to a compromise, issues of qualification of complicity with a special subject of a crime, within the framework of which co-perpetrator is possible in certain cases, analyzed the requirements for the voluntary refusal of a co-perpetrator of a crime, the issue of forms of complicity was considered in terms of delimiting an organized group from a criminal community (criminal organization) and changes made by the legislator to the definition of a criminal community (criminal organization) and the emerging trend towards further criminalization of new types of organizational activities.
Obstruction of justice and preliminary investigation (article 294 of the Criminal code of the Russian Federation): problematic issues of the object and the objective side
The article examines certain problematic issues that arise in the doctrine and in law enforcement in connection with the "elasticity" of the norms contained in art. 294 of the Criminal Code of the Russian Federation. The wording used by the legislator in the main part of the crime (Part 1 of Article 294 of the Criminal Code of the Russian Federation) is vague, which leads to the fact that interference with the administration of justice and the conduct of a preliminary investigation in practice includes a significant range of diverse acts. In some cases, such interference may not really affect the course of criminal proceedings, however, the formally objective side of the crime provided for in Article 294 of the Criminal Code of the Russian Federation will be fulfilled. In this regard, the article justifies the need to exclude art. 294 of the Criminal Code of the Russian Federation from legislation with simultaneous criminalization of certain acts aimed at creating real conditions that impede the administration of justice or make its implementation impossible, as well as infringing on the authority or independence of bodies and officials involved in its ex officio implementation (judges, investigators, prosecutors, etc.) or by virtue of professional duties (defender, expert, etc.)
Crimes against justice in criminal law Kazakhstan and Russia: comparative legal analysis
The authors of this article, based on normative and doctrinal sources, conduct a comparative legal analysis of the system of crimes against justice in the criminal law of Kazakhstan and Russia. The general approaches of the Kazakh and Russian legislators to the establishment of criminal liability for various crimes against justice are revealed. The authors examine the most significant differences between them, in particular, the establishment in the Criminal Code of Kazakhstan, which includes the criminalization of illegal refusal to register a crime, the allocation of a separate offence of disclosure of data from a closed trial, the absence of criminal liability for the victim's refusal to undergo an examination, the establishment of an incentive note, according to which, if a person who has escaped returns to the place of imprisonment within 7 days, he is not subject to criminal liability.
disclosure of data from closed court proceedings
Questions of administrative liability for violations of legislation on the contract system when planning purchases
The article is devoted to the consideration of the features of administrative offenses related to the planning of public procurement. A theoretical definition of the violation of the legislation on the contract system in the planning of procurement is formulated. It is proposed to amend Art. 7.30.1 of the Code of Administrative Offenses of the Russian Federation to ensure the principles of fairness in the appointment of administrative punishment and its inevitability in the context of bringing to administrative responsibility in the relevant area.
The operator of synthetic data in executive authorities in the mechanism of ensuring national security of their use
The article examines the features of the legal status of the synthetic data operator, and provides their classification according to various grounds and criteria. Special attention is paid to synthetic data operators in executive authorities – government employees. It is concluded that it is necessary to form the digital competence of civil servants in the field of using generative artificial intelligence technology and creating synthetic data. The basic rights, duties, and guarantees of a civil servant are formulated, which reflect the legal status of a synthetic data operator within the framework of the experimental legal regime of digital and technological innovations in the Russian Federation. Based on the presented legal status, the functions of the synthetic data operator in the activities of executive authorities are formulated.
Legal regulation of the interaction of public authorities in the field of scientific and scientific-technical activities
The current stage of development of the state is characterized by the need to increase the effectiveness of legal policy in the field of scientific and scientific-technical activities, one of the conditions of which is the organization of an appropriate level of interaction between bodies that are part of a single system of public authority. At the same time, such interaction is extremely generalized in the legislation on science and state scientific and technical policy, and the role of local governments, whose powers in this area do not have a regulatory separation, is limited. In this regard, the conclusion is formulated about the expediency of legislative establishment of forms, methods, mechanism of organization and implementation of interaction of subjects of public authority in the field of scientific and scientific-technical activities, the corresponding powers of federal and regional state bodies, local governments.
Legal regulation of attestation of scientific employees
The article analyzes the regulatory legal acts devoted to the attestation of scientific employees. A comparative analysis of the regulatory framework governing the attestation of scientific employees has been carried out. The results of the study showed that the current procedure gives more discretion at the local level in regulating some stages of certification of researchers.
criteria for evaluating work performance
Labour relations of employees with family responsibilities: transformation in the context of digitalisation
This article analyses some of the problems caused by digitalisation that have arisen for employees with family responsibilities recognised within labor relations. It also examines ways to resolve these problematic situations, as well as emerging avenues for further reform of labor legislation in this area. Digitalisation has become a key factor in the widespread disparities in formal education processes, preventing the creation of additional difficulties for employees with family responsibilities in their work functions. An analysis of current legislation and current sound principles revealed that these solutions offer limited compensatory potential and, in some cases, only exacerbate the vulnerability of this category. The study found that additional guarantees for individuals with family responsibilities authorised to correct the resulting imbalance can be implemented by amending the Labor Code of the Russian Federation, specifically Chapter 49.1, which relates to its title and content.
Legal procedures for using maternal (family) capital funds
This article examines the social procedures that operate when using maternal (family) capital. The directions for using federal maternal (family) capital and regional maternal capital, which are enshrined in federal and regional legislation, are analyzed. Such a direction in federal legislation as improving housing conditions is considered separately. The problems that applicants have to face, who often depend on specific territorial bodies of the Pension and Social Insurance Fund of the Russian Federation, are presented. Improvement of legal regulation of legal procedures when using maternal (family) capital is proposed.
The formation of the principle of international comity in American judicial practice
This article examines the development of the principle of international comity and its establishment in American judicial practice. In this article, comity is viewed through the prism of historical events and the ideas of those who had the greatest influence on its development. The author analyzes the historical background of international comity in the United States, as well as the guiding precedents established in American judicial practice. The article concludes that the principle of comity has evolved haphazardly in the United States, undergoing changes throughout its history, with its meaning and scope changing and its application in different states being uncertain.
Actual acceptance of inheritance: problems of theory and practice
The article examines the institution of actual acceptance of inheritance (informal method) in the inheritance law of Russia. The authors, relying on legislation, doctrine and practice, analyze the legal nature of actual acceptance of inheritance, and also identify problems that arise in practice in connection with the acceptance of inheritance in an informal way.
presumption of actual acceptance of inheritance
informal method of accepting inheritance
Copyright (c) 2026 Proceedings of Voronezh State University Series Law
Artificial division of purchases as a way to avoid competitive procedures
The article is devoted to the study of the problem of artificial fragmentation of state and municipal procurement as a way to avoid mandatory competitive procedures. The authors analyze the contradictory nature of judicial practice and positions of supervisory authorities on issues of qualification of procurement fragmentation, revealing the absence of unified criteria and a legislatively established definition of this violation. The work systematizes the main approaches to understanding artificial procurement fragmentation, formulated in decisions of arbitration courts and acts of the Federal Antimonopoly Service of Russia. Based on the analysis of law enforcement practice, the authors propose their own definition of artificial procurement fragmentation and substantiate the necessity of its legislative consolidation. The study contains recommendations for improving the system of preventing procurement fragmentation, including the development of automated monitoring systems and the implementation of international methods for assessing corruption risks.
Institute of analogy in information law of Russia
The speed of development and distribution of digital technologies increases every year, as do the areas of their application. Artificial intelligence systems solve creative problems, predictive analytics are used in law enforcement agencies, and such areas as healthcare, transport, education and many other areas do not go unnoticed. At the same time, part of public relations requires the adoption of the necessary legal norms, and here it must be noted that the law lags behind the rapid process of digitalization. One of the universal legal means used in the presence of gaps in the law is the application of norms or principles by analogy. Digital technologies act as a means of finding gaps in the law or norms regulating similar legal relations. It becomes possible to use program code and algorithms as a means of overcoming gaps in the law. The institute of analogy in information law should be further developed due to the current lack of effective mechanisms to protect the weaker party in the digital space.
Meaning-making in the Chinese political-legal tradition
This article is devoted to the problem of understanding the Chinese political and legal tradition, the understanding of which does not seem to be complete and comprehensive without taking into account the Chinese logic of thought and the Chinese language as the defining foundations of the Chinese legal worldview. The Chinese thinking operates with judgments that find their resolution in the idea of harmony, which has become the core value and ideal in the process of state and legal development. Particular attention is paid to the role of hieroglyphic writing in shaping the unique spirit of Chinese political philosophy and legal philosophy.
Abuse of power in public law regulation: a comparative legal aspect
This article examines the concept of «abuse of power» in public law regulations in countries such as France, Germany, and England. Through a comparison and analysis of scholarly approaches, legislation, and case law in these states, it identifies key positions in the assessment of this legal phenomenon, the preconditions for its occurrence, and its distinctive features.
The article is devoted to the study of the history of the Zionist movement, the definition of its essence, ideological basis, as well as the study of the influence of the ideas of Zionism on the practice of the state of Israel. The ideas of Zionism became the foundation for Israeli legislation, and national constitutional law-making is being formed on their basis. This allows us to say that, on the one hand, the ideas of Zionism remain relevant to Israeli society, on the other hand, that these ideas, and the practice of their implementation, are a special subject of political and legal analysis of the unique experience in recent history, demonstrating the truth of the position concerning the essence of the state, about the primacy of the ideological and organizational basis regarding the territorial feature.
The methodological dualism of eastern canon law: problems of legalism and utilitarianism
The article attempts to comprehend the most important stages in the evolution of canon law, the most significant of which is the confrontation between two opposing schools, whose representatives (church lawyers and theologians) presented extremely contrasting views on the content of canon law, the ways and approaches to solving the emerging methodological problems, which are inextricably linked to theology and Orthodox dogma, as well as on the principles and criteria that should be prioritized in understanding and applying canon law to regulate church legal relations: legal or ecclesiological. As a way out of the dualistic impasse, the paper argues for the eclecticism of these approaches to solving the methodological problems of Eastern canon law.
Responsibility for genocide of soviet (belarusian) people and cultural genocide: from doctrine to practice
From the very beginning and throughout its activities, the Extraordinary State Commission for the Establishment and Investigation of the Atrocities Committed by the German Fascist Invaders and Their Accomplices and the Damage Caused to Citizens, Collective Farms, Public Organizations, State Enterprises, and Institutions of the USSR uncovered numerous facts of the destruction of historical and cultural monuments, works of art, and other cultural treasures in the occupied territories of the USSR. This paper argues that the destruction of cultural assets was part of a broader genocidal goal: the war to annihilate the Soviet people. The study used historical-legal, formal-logical, and comparative-legal methods, which allowed for a retrospectivе examination of the emergence of the idea of responsibility for crimes of genocide (which had no name for a long time) and the evolution of the doctrine of genocide are considered. The social conditioning of the adoption of new legal measures to prevent genocide and its variety cultural genocide is proved; new features of this crime are revealed.
monuments of military and historical heritage
UN Convention on the Prevention and Punishment of the Crime of Genocide
Systematization of the legal positions of the constitutional court of the Russian Federation on the example of urban planning law. Historical and practical justification of the need for systematization. part I
The information accessibility of legal regulation in the modern world does not mean that all law enforcement agencies actually perceive such legal regulation. On the contrary, as law enforcement practice shows, one of the problems is the difficulty of legal subjects' perception of the entire regulatory array formally available in the digital space. In this regard, the author of the series of articles in the first part of the series offers a justification for the importance of choosing the form of communicating such information to all law enforcement officers in the form of systematization, but taking into account current trends in the hierarchy of sources of law, where judicial practice has become an integral element of legal regulation. Thus, systematization, as a method recognized by Modern times for familiarizing all subjects of law with legislation in these conditions, should also help all subjects of law to familiarize themselves with judicial practice. The first article of the cycle provides a justification for the need to systematize the practice of the Constitutional Court of the Russian Federation as the highest body of constitutional control, taking into account the historical role of systematization in Modern continental Europe, and also selects a field for further systematization, namely urban regulation as a codified branch in the Russian legal system, but it has not received any justification in the doctrine of how It is an independent branch of law, not in the very text of the Constitution of the Russian Federation.
State Authority. Legislative Process. Constitutional Law. Public Management.
Constitutional Court of Russian Federation
Delineating the powers of the elements of unified system of public authority in the framework of achieving the national goal of overcoming inequality
As part of this work, an attempt has been made to determine the areas of authority of the subjects of the unified system of public authority within the framework of the implementation of the national goal to overcome inequality, expressed as a target for reducing the Gini coefficient in accordance with Decree of the President of the Russian Federation dated May 7, 2024 No. 309 «On the National Development Goals of the Russian Federation for the period up to 2030 and for the future up to in 2036» Based on the mathematical parameters of the Gini coefficient, as well as the «classical» factors of inequalities formulated in the scientific literature the powers of the subjects of the unified system of public authority are grouped into blocks of directions reflecting the vector of state influence on overcoming inequality. The key conclusion of this work is the need to use a wide range of powers at all levels of the unified system of public authority. At the same time, the mechanisms of tax and budget policy in the current configuration of the budget system of the Russian Federation can produce rather short- and medium-term effects, while the impact on human and social capital and other factors of inequality can be laid as the basis for long-term work to overcome inequality. The practical significance of the work lies in the developed list of powers of public authorities at all levels, which can form the basis for performance indicators of senior officials of the subjects of the Russian Federation and local governments in the framework of the formation of program and project documents to achieve national goals set by the President of the Russian Federation.
Constitutional and legal status of the national assembly of Armenia and Milli Mejlis of Azerbaijan: comparative legal analysis
The article provides a comparative legal analysis of the structure, formation and functioning of the parliaments of Armenia and Azerbaijan, highlighting similarities and differences. The influence of the form of government (parliamentary or presidential republic) on the real powers, control functions and the role of parliament in the system of checks and balances is revealed. The features of the legislative process in the specified countries are considered.