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Uchenye Zapiski Kazanskogo Universiteta Seriya Gumanitarnye Nauki

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Vol 165, No 6 (2023)
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THEORY AND HISTORY OF LAW SCIENCES

7-18 193
Abstract

This article outlines the challenges of setting objectives for the current procedural policy in Russia. The primary focus is on the methodological support of research in the field under study. For a comprehensive and thorough analysis of the objectives of Russian procedural policy, the following factors are crucial: distinguishing between absolute and relative values, understanding the relationship between “legal” and “judicial” processes, setting priorities and tasks for fulfilling the pursued tactical and strategic objectives, considering the constitutional and legal doctrine of protecting citizens’ rights and freedoms, and many other factors that require theoretical jurisprudence to address the concept of procedural policy in Russia. In this context, the main objectives of procedural policy are determined by either public or private law in relation to the intended functions of these institutions.

19-27 219
Abstract

In this study, the milestones (stages) through which the norms regarding extreme necessity have emerged and developed in the legislation of Russia, specifically its criminal legislation, were considered. A historical and legal analysis was performed to shed light on the processes that have influenced the establishment of the institution of extreme necessity in Russia. The evolution of the above norms was conditionally divided into different periods based on a number of criteria. The high relevance of extreme necessity and its justified position among the current norms of the Criminal Code of the Russian Federation were emphasized. The general terminology was elaborated as a conceptual apparatus. In line with the modern legal understanding and interpretation of criminal law canons, it was logically deduced that certain monuments of law from the studied periods are more progressive compared to others. When investigating the legal and legislative approach employed by “the legislator from the era under survey” in order to formulate provisions in legal acts, a distinctive aspect of placing norms according to different types of crime was highlighted. For the generalization and systematization of the legislative processes that occurred in Russia and influenced the emergence of extreme necessity, the development of this institution should be perceived within a historical retrospective and perspective of criminal law. Therefore, the views of a wide range of researchers were examined here.

PUBLIC LAW SCIENCES

28-40 238
Abstract

This article centers on the legal regulation of artificial intelligence (AI) use in public administration. The main features of AI, the risks associated with its use in the public sector, and its key functions were outlined. The program and strategic plans for AI introduction in Russia were systematized. The prospects for creating a digital state were highlighted. Through careful analysis, the most viable areas of public administration were identified where AI can realize its full technical potential without entirely taking over the tasks of human officials (such as digital controllers, judges, and investigators). A clear distinction was revealed between “weak” AI, a technical assistant and decision-making tool for human officials, and “strong” AI, a fully-fledged subject of legal public relations with legal capacity. The connection between the development of new technologies and the evolution of the state apparatus was stressed. It was concluded that the integration of multiple algorithms in management activities is causing a shift from quantitative to qualitative changes: the ways state bodies exercise their public powers are being altered and revised.

41-50 196
Abstract

This article analyzes the norms of behavior in the Russian public service and Islam. A comparative and structural study of the behaviors typical of public officials and Muslims was carried out. It was proposed to revise the legal provisions on international and foreign economic relations and personal qualities. The results obtained show that public officials can adhere to any faith (Islam, Christianity, Buddhism, etc.), as all religions promote fundamental human values and encourage behaviors that are advantageous for society. It was found that the social norms of behavior are universal regardless of legal system, legal status, or social affiliation. All citizens, whether in public service or the Islamic community, must follow these norms because they aim to uphold justice and equality. The importance of fostering cooperation between Russia, through the Republic of Tatarstan, and the Muslim world was emphasized.

51-61 224
Abstract

This article discusses the use of digital technologies during the interaction between the state and individual citizens. The importance of digital communication in shaping the work of state and municipal structures was emphasized: it enhances the efficiency of public employees. The conclusion was made that the impact of citizens and their associations on government institutions differs from that of the state on individual citizens. Digital communication is becoming a widely employed tool for the state to bridge the gap between the public and government.

PRIVATE LAW SCIENCES

62-75 115
Abstract

Many experts believe that we are on the cusp of a new system of legal understanding, construction, and formalization, as well as state regulation of the relations and processes governed by “financial instruments”. However, this term remains polysemantic and thus is a compelling subject for the discourse. It has multiple legal interpretations, uncertain legal applications, and diverse or even conflicting theoretical frameworks. In this article, the historical ideas of the pre-revolutionary Russian scholars were discussed in connection with the current legal understanding of financial instruments. The analyzed works certainly contain brilliant thoughts, logical reasoning, generalizations of the foreign experiences, and novel ideas. They all became the basis for the law and legislation development in subsequent periods, up to the present day. Special attention was paid to the legal heritage of G.F. Shershenevich, a prominent figure of classical Russian jurisprudence who worked at Kazan University. It was concluded that the scholar’s views reflected both a narrow understanding of private law and a more complex approach that links the legal manifestations of phenomena with their social, economic, and commercial essence. The results obtained show that the principles of current economic and legal models can be traced back to the conceptual aspects of the categories (such as financial instruments) introduced by the earlier scholars.

76-88 186
Abstract

This article unveils the content and scope of the principle of bona fides in the Russian family law. The implied duty of good faith in the property and non-property aspects of family relations was analyzed. This is important because legal scholars have traditionally attributed it to one of the basic principles of civil law and thus understudied its role within family law. Here, it was defined how the principle of bona fides applies specifically to family law, particularly to what regards property and non-property implications.

The use of the principle of bona fides in court hearings on family disputes was discussed. Its impact on the content of the concept of good faith was considered. The differences between the interpretations of good faith in civil and family laws were highlighted. The theoretical conclusions were supported by the examples from real court cases.

89-97 191
Abstract

The central point of this article is that the civil law procedures established by legislation to control the relations arising from rental agreements hold no socioeconomic value for the parties involved when considered in isolation from their activities. It highlights the need to understand the mechanism behind the use of civil law measures in rental agreements. Here, an attempt was made to shed light on how rental agreements are managed by civil law. Within the scope of the study, the impact of the form of the rental agreement on its fulfillment and certain aspects related to its conclusion were analyzed.

98-108 179
Abstract

The legal incentives and restrictions regulating investment activities in the construction industry were analyzed. Russia’s current civil law governing construction matters is inadequate for the turbulent economic times. While construction and other related contracts provide general solutions to the urgent tasks, they still fail to offer clear guidelines for navigating the relations amid the changes triggered by the global events such as sanctions or other unilateral coercive measures. This study considers the prospects for improving the existing legal regulations in the construction industry by creating flexible and convenient contractual means to support the economic relations between different entities.

CRIMINAL LAW SCIENCES

109-123 276
Abstract

This article highlights the need to enhance the procedures for determining guilt through criminal law. The study is based on a careful analysis of the legal standards laid down in the Criminal Code of the Russian Federation and key academic sources of the Russian criminal law. Potential solutions were offered to address the contentious matters within the criminal law doctrine. According to the obtained results, when the Plenum of the Supreme Court of the Russian Federation voices its stance on a number of issues regarding sentencing, it occasionally surpasses its powers conferred by the Constitution of the Russian Federation. It was established that the general principles of sentencing are such regulations that apply to all types of offenses, regardless of the type, nature, or gravity of the crime committed. The scope of these regulations extends beyond Article 60 of the Criminal Code of the Russian Federation and specifies its provisions. Another batch of standards includes regulations governing the rules and procedures for imposing certain types of penalties, as well as their specificity for certain criminal behaviors.

124-134 130
Abstract

This article suggests improvements to the criminal law measures against organized crime. The terminology and conceptual framework of criminal groups were analyzed using various methods, such as dialectical, comparative-legal, system-structural, and formal-legal.

The study exposed serious flaws in the current legislative approach to regulating criminal liability for arranging or leading criminal groups and participating in their activities. The main problem is that the same objective indicators of a criminal act are often referred to by different terms, resulting in misinterpretations of their etymological meanings in the Criminal Code of the Russian Federation. In order to simplify the terminology, it was proposed to adopt the term “criminal associations” as a single label for all criminal groups. The opinions on removing criminal associations from the institution of complicity in crime were critically reviewed.



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ISSN 2541-7738 (Print)
ISSN 2500-2171 (Online)