Issue


Articles

Legal Regulation of Religious and Educational Work Aimed at Developing the Legal Awareness of Convicts
A. Abdurazakov

🗏 : 293-305
DOI: https://doi.org/10.17277/pravo.2025.03.pp.293-305
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Religious organizations play a significant role in organizing and ensuring the rights and legitimate interests of persons held in correctional institutions. Each territorial body of the Federal Penitentiary Service of Russia has introduced a full-time position of assistant to the head of the department for work with believers. Taking into account the relatively recently adopted updated Internal Regulations by the Ministry of Justice of the Russian Federation, the practical activities of religious organizations cause some difficulties, since certain aspects of this work are not formally regulated by law, or rather, require determining the degree of priority of the tasks facing the penal system. Of course, spiritual care influences moral law-abiding behavior, but at the same time there is another significant area of activity in which the work of religious organizations would seem very effective. We are talking about the possibilities of developing and forming a positive legal consciousness among convicted believers, based on the principles of implementing religious rights and freedoms. The article states the need to rethink the procedure for interaction with religious organizations. The religious and educational work carried out today satisfies the interests of the penal system of the Russian Federation only in terms of ensuring the religious rights and freedoms of convicts. It seems appropriate to expand religious and educational work and, in order to increase its effectiveness, it is necessary to develop a concept aimed at forming a positive legal consciousness in believing convicts. This work should be carried out not only on the principles of ensuring legal rights, but also stimulate proper legal perception, law-abiding behavior and the ability to adequately understand social norms and rules.

Organizing Interaction between Law and Non-Law Students and Public Authorities through Law Clinics as a form of Legal Education and Civic Engagement
E. Larina

🗏 : 306-313
DOI: https://doi.org/10.17277/pravo.2025.03.pp.306-313
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Introduction. Legal education is understood as a systematic activity of the state, non-profit organizations, and individual subjects aimed at fostering a high level of legal culture among citizens, familiarizing them with existing legal norms, protecting and implementing constitutional rights and freedoms, and promoting a respectful attitude towards legislation and law enforcement institutions. Effective legal education contributes to the development of stable positive attitudes towards law compliance, enhances ПРАВО: история и современность. Т. 9, № 3. 2025 313 legal competence, and creates an atmosphere of mutual trust between citizens and government agencies. Legal clinics are specialized structural units of legal educational institutions that provide free legal assistance to individuals and public associations. These institutions perform important functions: provide consultations and assistance to citizens in protecting their rights and interests; provide practical training for future lawyers, allowing them to gain real professional experience; contribute to raising the level of legal literacy among the population; foster an active lifestyle and responsibility of young professionals towards civil society. Modern practice shows the special importance of an integrated approach, in which students of various specializations are involved in legal clinics, ensuring a holistic consideration of legal situations and taking into account sectoral aspects. The author proposes a new format for the operation of such clinics. Aim. The article substantiates the need to involve students who study in other (non-legal) specialties in the provision of legal assistance to citizens (as consultants in non-legal fields of knowledge, but interrelated with the legal component of the issue). Methods. In the course of research, general scientific methods such as observation, analysis and synthesis are used, the application of which is justified by the research topic. Results. It is proposed to organize joint events between government authorities and students of various specialties (taking into account the intersection of topics with the legal side of life). Conclusions. It is concluded that it is necessary for students to interact directly with these authorities, since currently the main party to the interaction is the educational institution, and not the students themselves. The activation of the role of legal clinics and the improvement of intersectoral cooperation mechanisms contribute to the effective implementation of legal education tasks, the formation of a public consciousness focused on respect and compliance with the law, and the improvement of the qualifications of young professionals.

The Essence and Social Conditionality of Magistrates as a Socio-Legal Phenomenon
L. Lifanova, D. Tetkin

🗏 : 314-322
DOI: https://doi.org/10.17277/pravo.2025.03.pp.314-322
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The restoration of the institution of justices of the peace in Russia as part of judicial reform has become an important step in the development of the judicial system aimed at improving the effectiveness of justice and ensuring accessibility of legal mechanisms for citizens. World justice occupies a special place in the judicial system of the Russian Federation, combining the functions of the primary judicial instance and the local body of the state. Their restoration is caused by the need to reduce the burden on district courts, implement the idea of judicial federalism and increase the accessibility of justice. Despite the existing problems, justices of the peace play a key role in ensuring a quick and fair resolution of minor disputes, as well as in building citizens trust in the judicial system. The article analyzes the social conditionality of magistrates as a socio-legal phenomenon, identifies problems of normative and doctrinal interpretation of the basic concepts related to the activities of magistrates courts, and makes judgments about the need to improve the institution of justice.

Features of Legal Terminology in the Regulation of Migration
E. Repnikova, Entsuah Smith Niarko Junior

🗏 : 323-334
DOI: https://doi.org/10.17277/pravo.2025.03.pp.323-334
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Global geopolitical, economic, military, environmental and demographic changes of the last twenty years have led to a significant increase in international migration. Today, almost all countries are involved in migration processes, making migration an important factor influencing the economy and politics. To successfully manage migration, countries have to develop strategies to extract maximum benefit from this phenomenon. Currently, the dominant scientific point of view is the need for international cooperation in migration management. Effective regulation of interstate movement of citizens requires the participation of at least two parties: the country from which migration occurs and the country receiving migrants, which emphasizes the need for international legal instruments. Moreover, the interests of transit states are often affected, which once again emphasizes the need for international coordination. This article analyzes some features of international legal regulation of migration.

The Impact of Digitalization on Legal Ideology in the Context of Modern Russian Reality
D. Chelbaev, O. Pugina

🗏 : 335-344
DOI: https://doi.org/10.17277/pravo.2025.03.pp.335-344
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Introduction. The article presents a comprehensive study of the influence of digitalization on the transformation of legal ideology in the context of modern Russian reality. The relevance of the research is substantiated by the fact that digital technologies radically change not only the forms of transmission of legal information, but also the substantive foundations of legal thinking, value orientations, methods of legitimization of law and mechanisms of ideological influence. Legal ideology, as a structural component of legal consciousness, in the digital era becomes susceptible to the influence of media formats, algorithmic filters and visual symbols, which requires theoretical rethinking. The study aims to identify and analyze the key processes through which digitalization influences legal ideology, in particular: fragmentation of legal consciousness, remythologization of legal discourse and algorithmization of legal values. Methods. The study uses dialectical, systemic, formal-legal, axiological and comparative-legal methods, which made it possible to consider legal ideology as a multi-layered and dynamically changing phenomenon in the context of a digital society. Results. As a result, it is shown that the digital environment is forming a new legal reality, in which emotionally charged and visual content displaces conceptual rigor, and platform algorithms replace professional legal argumentation, focusing on user engagement. The author introduces the concept of algorithmic populism – a phenomenon in which digital platforms become active ideological subjects influencing legal meanings and public perception of the law. Conclusion. Digitalization has a multi-level impact on the legal ideology and legal consciousness of modern society. The scientific novelty of the article lies in the interdisciplinary analysis of the mechanisms of influence of the digital environment on legal consciousness and in the formulation of practical recommendations for regulatory, educational and institutional adaptation. The results can be used to develop concepts of digital legal education and update the methodological foundations of jurisprudence.

Theoretical Issues of Determining the Subject Composition of Persons Guilty of Misuse of Budget Funds
V. Obukhovich

🗏 : 345-353
DOI: https://doi.org/10.17277/pravo.2025.03.pp.345-353
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In this article, the author analyzes the legal relations that arise in the budgetary and legal sphere, in particular, the problem of defining the concept of a budget offense and the subject composition of persons liable for the misuse of budgetary funds is considered. At the current stage of the development of budget legislation, there are disputes in the legal community about what constitutes the definition of a budget offense. In addition, in the paradigm of current legislative regulation, the subject composition of persons responsible for the misuse of budgetary funds, established by the Budget Code of the Russian Federation, contains ПРАВО: история и современность. Т. 9, № 3. 2025 353 a limited number of subjects of offenses in the budgetary sphere, while in the light of the prevailing legal reality, through the prism of the position of scientists and law enforcement officers, the composition of such persons is rather broader than defined by the basic act of budget law. The author of the study proposes to amend the current legislation to eliminate legal misunderstandings in the disclosure of the subject matter and understanding of budget offenses in the light of the controversial and uncertain understanding of the basic principles of assigning responsibility for budget offenses.

Working Overtime
A. Petrov

🗏 : 354-364
DOI: https://doi.org/10.17277/pravo.2025.03.pp.354-364
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Based on the norms of international law, Articles 97, 99 of the Labor Code of the Russian Federation and foreign experience, an attempt was made to formulate new approaches to defining the essence of the institute of “working overtime’, including under different circumstances: working on weekends and holidays, as well as weekdays. Foreign experience in regulating such a work regime and forms of compensation to the employee is analyzed. Based on the analysis of legislation and judicial practice, proposals are made to improve the legal regulation of the duration of working hours.

The Federal Portal of Draft Normative Legal Acts and the Internet Resource “Russian Public Initiative” as Digital Platforms for Legal Co-сreation of Public Authorities and Civil Society
V. Samorodov

🗏 : 365-377
DOI: https://doi.org/10.17277/pravo.2025.03.pp.365-377
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The article presents the analysis of the federal portal of draft normative legal acts and the Internet resource “Russian Public Initiative” as official digital Internet platforms that ensure the processes of legal co-creation of public authorities and civil society in Russia. The research is conducted taking into account the emerging doctrinal foundations of the phenomenon of legal co-creation, which works to expand and deepen the disclosure of the essence of these relations provided by existing digital forms. An introductory analysis of the legislative regulation of the designated Internet platforms and the current state of their functioning is carried out. Some actual problematic aspects related to the functioning of the federal portal of draft normative legal acts and the Internet resource “Russian Public Initiative” are pointed out. The main attention is paid to the disclosure of the distinctive features of these Internet portals as ensuring the process of legal co-creation of government and society in modern Russia. The conclusion is that these digital forms are one of the largest official digital platforms for the legal co-creation of civil society and public authorities in Russia, the potential of which is much higher than that involved in the construction of modern state and legal life.

Dropping as a New Form of Complicity in the Theft of Funds
M. Zheludkov

🗏 : 378-388
DOI: https://doi.org/10.17277/pravo.2025.03.pp.378-388
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The research aims to study the causes and conditions for the development of dropping in Russia and the mechanism of criminal behavior of front men who, for a small reward, are engaged in the withdrawal and cashing of stolen funds from other criminal acts. The subject of the study is public relations regulating the prevention of dropping in Russia. The criminological approach to the study of the mechanism of criminal behavior of the dropper involved in the theft of funds is considered. Examples of criminal behavior of front men who, for a small reward, are engaged in the withdrawal and cashing of stolen funds from other criminal acts are given; brief recommendations for their minimization are given. Taking into account such problems, within the framework of this article, the features of the droppers personality and the conceptual apparatus in this area of public relations are presented, which allows building a systemic mechanism for crime prevention based on the interaction of the law enforcement and banking systems of Russia. Various methods of cognition were used: dialectical, statistical, method of analysis.

Problems of Countering the Involvement of Minors in Dangerous Activities in a Digital Society
A. Nagieva, D. Ziyadova

🗏 : 389-401
DOI: https://doi.org/10.17277/pravo.2025.03.pp.389-401
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One of the main tasks of the rule-of-law state is to create safe living conditions for the younger generation, especially in the era of digital technologies, due to the emergence of new socially dangerous acts against life that require criminal law regulation. Therefore, the criminal law contains provisions aimed at countering the involvement of minors in actions that pose a danger to their lives and encouraging teenagers to commit suicide (Articles 110.1, 110.2, and 151.2 of the Criminal Code of the Russian Federation). In this regard, one of the main problems in criminal law and criminology is the study of the effectiveness of norms that provide for liability for acts against the lives of minors. The authors argue that extremist factors play a predominant role in the commission of these crimes against young people. In todays world, the involvement of young people in destructive activities that harm their lives and health is a particularly pressing issue. In this context, the study draws a parallel between Articles 151.2, 110.1, and 110.2 of the Criminal Code of the Russian Federation, which are included in different chapters of the criminal legislation. The conducted research has confirmed that the digital space has become a new format for involving young people in destructive activities. Representatives of organizations located in unfriendly countries lure young people with extremist symbols and bribe the organizers of criminal groups in order to subsequently persuade schoolchildren and students to commit terrorist and sabotage crimes, which pose a particular threat to the lives and health of the younger generation. The study substantiates a hypothesis that confirms that representatives of foreign and local extremist organizations use the involvement of minors in committing terrorist and sabotage crimes to incite and drive them to commit suicide by using them in acts that pose a threat to their lives.

Criminological “Portrait” of a Counterfeiter Engaged in Criminal Activity as Part of an Organized Group
M. Malikova, J. Umakhanov

🗏 : 402-410
DOI: https://doi.org/10.17277/pravo.2025.03.pp.402-410
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Criminological "portrait" of a counterfeiter engaged in criminal activity as part of an organized group is characterized by special features. In the study, criminals in this category are divided into three categories: organizers, manufacturers and traffickers, who have individual characteristics. According to moral and psychological criteria, traffickers are individuals with certain fraudulent qualities. In addition, the modernization of counterfeiting activities has a huge impact on the personal characteristics of a person who carried out counterfeiting as part of an organized group. This circumstance dictates that attention should be focused on the features of socio-demographic characteristics and moral and ethical characteristics of counterfeiters. The objective of the study is to compile a criminological "portrait" of a counterfeiter engaged in criminal activity as part of an organized group in order to identify areas for improving the system of resocialization of criminals in this category. To achieve this goal, the research uses sociological methods, the method of expert assessments, a synthesis of investigative practice materials, and an analysis of personal files of those convicted of organized counterfeiting. Within the framework of the study, a criminological "portrait" of a counterfeiter engaged in criminal activity as part of an organized group was compiled, the types of criminals in this category were indicated; new approaches to the suppression and prevention of the manufacture, storage, transportation or sale of counterfeit money or securities committed by an organized group were proposed. The scientific and applied significance of compiling a criminological "portrait" of the identity of a counterfeiter engaged in criminal activity as part of an organized group lies in the fact that it helps to identify those basic features and social connections on the basis of which it is possible to determine the directions for improving the system of prevention of organized counterfeiting.

Digital Transformation of the Penitentiary System: Current Trends and Prospects
A. Uporov

🗏 : 411-417
DOI: https://doi.org/10.17277/pravo.2025.03.pp.411-417
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A study was conducted on the digital transformation of the penitentiary system of our country, its current trends and development prospects. The study aims to analyze the key areas of digitalization of the penitentiary department, including the automation of administrative processes, the introduction of biometric systems, robotics and artificial intelligence technologies, as well as the identification of related problems. The methodology is based on the study of scientific research, regulatory legal acts and foreign experience. The results showed that digitalization increases management efficiency, the level of security of correctional institutions and improves the process of resocialization of convicts, but is accompanied by risks: cyber threats, technological inequality of territorial bodies of the department and personnel problems. Measures to eliminate them are proposed, including strengthening cybersecurity, financial support for technologically underdeveloped regions and personnel training. The scope of the study covers the reform of the penal system as part of the implementation of the Development Concept until 2030, approved by the Order of the Government of the Russian Federation dated April 29, 2021 No. 1138-r. It is emphasized that a competent approach to digital transformation can optimize the work of correctional institutions, ensure their safety and help in the rehabilitation of convicts

Issues of Challenging of Arbitration Decisions in the Investment Arbitration System
V. Gavrilenko

🗏 : 418-425
DOI: https://doi.org/10.17277/pravo.2025.03.pp.418-425
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This paper focuses on current issues of challenging of arbitration awards in the investment arbitration system. The activities of the main sphere arbitration institution specializing in the settlement of investment disputes, such as the International Centre for Settlement of Investment Disputes (ICSID), have been investigated. This article analyzes international legislation regulating the legal status of an arbitration award and the conditions for challenging it, as well as procedural requirements for arbitration proceedings. Certain legal shortcomings of an arbitration award are grounds for challenging it in order to restore violated rights. Accordingly, the established system of international and national legislation regulating the procedure for challenging arbitration awards facilitates the identification and correction of legal errors. The legal regulation and practical application of the procedure for challenging of ICSID awards, the legal status of parties to investment disputes and arbitral tribunals are researched in detail.

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