Article Category List

Текущий выпуск 2222
Articles

Теоретико-исторические правовые науки


The Institute of State Sovereignty in the Modern World: Content, Evolution, Prospects
Nemova Ninel`, Gavrilenko Vladimir

🗏 : 291-300
DOI: https://doi.org/10.17277/pravo.2026.03.pp.291-300
PDF:

This paper explores the legal institution of state sovereignty, from the historical development of concepts to their types and content. State sovereignty manifests itself in various areas of foreign and domestic policy. The concept of sovereignty can be divided into external and internal, realized in foreign policy relations and the country's domestic policy. Ensuring the political and economic security of the state and the independent protection of state and public interests includes the implementation of customs policy and the establishment of a customs regime, which simultaneously serve as a means of conducting both external and internal governance. The authors research the possibilities for limiting and self-limiting state sovereignty based on international law and international legal acts. Adherence to and ensuring the principles of voluntariness and equality of states is of great importance. However, this aspect faces certain challenges in the modern world. Accordingly, state sovereignty can be realized to varying degrees. The concepts of full and partial, as well as independently enforced and delegated sovereignty are formulated. Examples of certain types of sovereignty and approaches to its implementation by various states are provided.

The Formation and Development of the Coordinating Role of the Prosecutor's Office in Russia
Kolesnikova Tat`yana

🗏 : 301-315
DOI: https://doi.org/10.17277/pravo.2026.03.pp.301-315
PDF:

Conclusions: The prosecutor's office's coordination activities in combating crime and in other areas of work are elements of public administration. They are diverse, have evolved historically, are provided for by law, continue to be improved, and are in demand in practice.

Civil Society in the Anti-Corruption System
Mokhorova Anna, Chernozemova Yana

🗏 : 316-324
DOI: https://doi.org/10.17277/pravo.2026.03.pp.316-324
PDF:

It is proved that corruption is a systemic antipode of civil society, as it undermines its basic values: distorts the legal space, replaces public interests with private ones, violates the principles of justice and equality, deforms the control mechanisms; It is concluded that effective anti-corruption efforts are impossible only by state institutions, and the active participation of civil society institutions as subjects of external control and sources of public demand for transparency and accountability of government is required. Strengthening civil society institutions and an appropriate legal culture provides a strategic framework for creating an environment resilient to corrupt practices.

Contemporary Trends and Features of Legal Writing
Shepelyov Artur

🗏 : 325-332
DOI: https://doi.org/10.17277/pravo.2026.03.pp.325-332
PDF:

This article examines the problem of legal writing as a means of communication. The author describes some key features of legal writing. The historical context provides insight into how legal writing was viewed during its formative years, how it developed, and how it was taught over time. Characteristics of legal writing describe the specifics and subtleties of legal jargon, archaic words, verbosity, and awkward sentence structure. Contemporary trends emphasize another aspect of legal writing today: writing texts in simple and understandable language, i.e., moving towards a simplified method of presentation, overcoming a tedious and time-consuming process with the reader at the center. This means that each text is created with the reader's needs in mind, meaning it must be understandable to the general public, even those without a legal education. Accordingly, those who read written material should, at a minimum, expect a well-written text, meaning one written correctly and accurately.

Публично-правовые науки


Directions of State Legal Migration Policy in Russia at the Present Stage
Mamontova E`l`vira

🗏 : 333-347
DOI: https://doi.org/10.17277/pravo.2026.03.pp.333-347
PDF:

The article is devoted to the identification of risks and threats to national security that exist today in Russia's migration processes related to illegal labor migration. The analysis of the impact of these processes on the Russian labor market and on the Russian economy as a whole is carried out. The article examines the causes of this type of crime, such as the organization of illegal migration, its impact on the security of our state, society and individual citizens. The article analyzes the priority orientation of laws and other regulatory legal acts adopted recently in the interests of improving the regulation of labor migration processes and countering the organization of illegal migration in the Russian Federation. Recommendations have been developed for further improvement of the legal regulation and practical measures of migration policy in the context of countering the negative impact of illegal labor migration and the organization of illegal migration on the security of our state, society and individual citizens.

Scaling Legal Prohibitions and Punishments in the Context of Excessive Control over Public and Private Life
Skoblikov Petr

🗏 : 348-378
DOI: https://doi.org/10.17277/pravo.2026.03.pp.348-378
PDF:

This article examines the growing volume of legislative prohibitions, backed by administrative and criminal penalties for non-compliance. The issue is examined using examples of introduced and proposed bans on various types of propaganda, the dissemination of certain information, and so on; their rationale and social consequences are analyzed. It demonstrates how the adoption of ill-considered bans contributes to the excessiveness of legal regulation for individuals and legal entities. This, in turn, entails an infringement of citizens' rights and freedoms, specifically, hindering their creative potential, limiting freedom of expression, and distorting legal consciousness. At the same time, unproductive costs for entrepreneurs and other economic entities increase. The problem is exacerbated by the uncertainty surrounding the formulation of bans and the possibility of their arbitrary interpretation. This article exposes the negative practice of introducing liability provisions for new offenses into administrative tort and criminal legislation without a proportionate increase in the staffing levels of regulatory, law enforcement, and judicial bodies, as well as without additional funding for their activities. This distorts the declared objectives of legal policy and expands the objective preconditions for selective law enforcement, abuse, and corruption. Proposals for revising and limiting existing prohibitions are substantiated, and proposals for improving the quality of draft federal laws aimed at amending administrative-tort and criminal legislation are analyzed and refined.

Уголовно-правовые науки


Extradition in Corruption Cases within the Framework of International Legal Cooperation: Problems of Dual Criminality and Grounds for Refusal of Surrender
Lipuntsova Anna, Nelidkin Vladislav

🗏 : 379-391
DOI: https://doi.org/10.17277/pravo.2026.03.pp.379-391
PDF:

The article examines the legal nature and significance of extradition – a key institution within the framework of international legal cooperation. The author reviews academic approaches to defining the essence of extradition and provides a brief analysis of the historical development of the process of surrendering individuals suspected or accused of committing crimes. Special attention is given to the specifics of extraditing persons in corruption-related cases. This analysis takes into account current international and domestic legislation, as well as established legal practice and relevant law enforcement acts. The paper further assesses the current state of the extradition institution and identifies key challenges, particularly those related to the principle of double criminality and the grounds for refusal of extradition. By applying general scientific and specialized legal research methods, the study evaluates the significance of these issues and proposes practical recommendations for addressing them. This approach has enabled the achievement of the research goals and objectives set out in the research.

Changes in Criminal Procedure Legislation in the Light of the State's Criminal Policy Reforms
Lifanova Liliya, Tetkin Denis

🗏 : 392-402
DOI: https://doi.org/10.17277/pravo.2026.03.pp.392-402
PDF:

The article analyzes the key trends and specific changes introduced into the legislation of criminal procedure, focusing on their goals, legal consequences, and compliance with modern challenges. Special attention is given to the evolution of general principles of criminal proceedings, the modernization of procedural coercion measures, and the expansion of the rights of participants in criminal proceedings.

On the Issue of Criminal Liability of Minors for Crimes of a Terrorist Nature
Popov Aleksej, Chernykh Yaroslava

🗏 : 403-412
DOI: https://doi.org/10.17277/pravo.2026.03.pp.403-412
PDF:

This article explores the theoretical and applied aspects of juvenile criminal liability for terrorist acts. It analyzes the criminal law characteristics of these offenses through the lens of fundamental principles of justice and humanism. The authors focus on the legal dilemma of determining the substantive status of a minor involved in terrorist activity through manipulation, deception, or blackmail, which requires a clear distinction between the characteristics of the perpetrator of the crime and the victim of destructive influence. The practical significance of this study stems from an analysis of the legislative models of Germany, Scandinavia, and China in the area of juvenile justice. Based on the findings, proposals have been formulated for improving the domestic legal framework and comprehensive criminological prevention measures aimed at neutralizing extremist attitudes among young people.

Legal Aspects of the Social Rehabilitation of Former Convicts Participating in a Special Military Operation
Uporov Aleksandr

🗏 : 413-426
DOI: https://doi.org/10.17277/pravo.2026.03.pp.413-426
PDF:

The article analyzes the legal issues of social rehabilitation of former convicts who participated in a special military operation and were subsequently pardoned. The study examines the provisions of Federal Law No. 10-FZ of 06.02.2023 “On Probation in the Russian Federation”, the norms of penal enforcement legislation, as well as legislation on administrative supervision and employment. It is demonstrated that there are significant gaps in legal regulation, including the absence of special rules on post-penitentiary probation of pardoned participants in the special military operation, the impossibility of establishing administrative supervision over persons whose criminal record has been removed by pardon, and insufficient guarantees of employment for this category of citizens. The article considers criminological risks associated with the high level of recidivism among persons released from places of deprivation of liberty, as well as psychological factors (post-traumatic stress disorder, double psycho-emotional burden) that complicate their re-socialization. Both positive and negative experience of social adaptation of former convicts who took part in the special military operation are analyzed. Based on the results of the research, proposals are formulated to improve legislation, including supplementing the Federal Law on Probation with provisions on a special procedure for post-penitentiary support of pardoned participants in the special military operation, amending legislation on administrative supervision and employment, and creating specialized rehabilitation centers. The need for a differentiated approach to re-socialization, taking into account the motivation of convicts when concluding a contract for participation in the special military operation, is substantiated.

Частноправовые науки


Prevention of Abuses of Civil Procedural Rights
Subocheva Violina, Strots Ol`ga

🗏 : 427-434
DOI: https://doi.org/10.17277/pravo.2026.03.pp.427-434
PDF:

The article examines the approaches of the academic community to defining the concept and significance of the abuse of civil procedural rights; the authors place particular emphasis on defining the prevention of abuse and distinguishing this concept from suppression. The reasons and the need to specify these concepts are highlighted. Based on an analysis of law enforcement practice and scientific works, the authors identify the existing measures to prevent procedural abuses, and a list of preventive measures against the commission of abuses in civil proceedings is presented.

Articles

Теоретико-исторические правовые науки


The Institute of State Sovereignty in the Modern World: Content, Evolution, Prospects
Nemova Ninel`, Gavrilenko Vladimir

🗏 : 291-300
DOI: https://doi.org/10.17277/pravo.2026.03.pp.291-300
PDF:

This paper explores the legal institution of state sovereignty, from the historical development of concepts to their types and content. State sovereignty manifests itself in various areas of foreign and domestic policy. The concept of sovereignty can be divided into external and internal, realized in foreign policy relations and the country's domestic policy. Ensuring the political and economic security of the state and the independent protection of state and public interests includes the implementation of customs policy and the establishment of a customs regime, which simultaneously serve as a means of conducting both external and internal governance. The authors research the possibilities for limiting and self-limiting state sovereignty based on international law and international legal acts. Adherence to and ensuring the principles of voluntariness and equality of states is of great importance. However, this aspect faces certain challenges in the modern world. Accordingly, state sovereignty can be realized to varying degrees. The concepts of full and partial, as well as independently enforced and delegated sovereignty are formulated. Examples of certain types of sovereignty and approaches to its implementation by various states are provided.

The Formation and Development of the Coordinating Role of the Prosecutor's Office in Russia
Kolesnikova Tat`yana

🗏 : 301-315
DOI: https://doi.org/10.17277/pravo.2026.03.pp.301-315
PDF:

Conclusions: The prosecutor's office's coordination activities in combating crime and in other areas of work are elements of public administration. They are diverse, have evolved historically, are provided for by law, continue to be improved, and are in demand in practice.

Civil Society in the Anti-Corruption System
Mokhorova Anna, Chernozemova Yana

🗏 : 316-324
DOI: https://doi.org/10.17277/pravo.2026.03.pp.316-324
PDF:

It is proved that corruption is a systemic antipode of civil society, as it undermines its basic values: distorts the legal space, replaces public interests with private ones, violates the principles of justice and equality, deforms the control mechanisms; It is concluded that effective anti-corruption efforts are impossible only by state institutions, and the active participation of civil society institutions as subjects of external control and sources of public demand for transparency and accountability of government is required. Strengthening civil society institutions and an appropriate legal culture provides a strategic framework for creating an environment resilient to corrupt practices.

Contemporary Trends and Features of Legal Writing
Shepelyov Artur

🗏 : 325-332
DOI: https://doi.org/10.17277/pravo.2026.03.pp.325-332
PDF:

This article examines the problem of legal writing as a means of communication. The author describes some key features of legal writing. The historical context provides insight into how legal writing was viewed during its formative years, how it developed, and how it was taught over time. Characteristics of legal writing describe the specifics and subtleties of legal jargon, archaic words, verbosity, and awkward sentence structure. Contemporary trends emphasize another aspect of legal writing today: writing texts in simple and understandable language, i.e., moving towards a simplified method of presentation, overcoming a tedious and time-consuming process with the reader at the center. This means that each text is created with the reader's needs in mind, meaning it must be understandable to the general public, even those without a legal education. Accordingly, those who read written material should, at a minimum, expect a well-written text, meaning one written correctly and accurately.

Публично-правовые науки


Directions of State Legal Migration Policy in Russia at the Present Stage
Mamontova E`l`vira

🗏 : 333-347
DOI: https://doi.org/10.17277/pravo.2026.03.pp.333-347
PDF:

The article is devoted to the identification of risks and threats to national security that exist today in Russia's migration processes related to illegal labor migration. The analysis of the impact of these processes on the Russian labor market and on the Russian economy as a whole is carried out. The article examines the causes of this type of crime, such as the organization of illegal migration, its impact on the security of our state, society and individual citizens. The article analyzes the priority orientation of laws and other regulatory legal acts adopted recently in the interests of improving the regulation of labor migration processes and countering the organization of illegal migration in the Russian Federation. Recommendations have been developed for further improvement of the legal regulation and practical measures of migration policy in the context of countering the negative impact of illegal labor migration and the organization of illegal migration on the security of our state, society and individual citizens.

Scaling Legal Prohibitions and Punishments in the Context of Excessive Control over Public and Private Life
Skoblikov Petr

🗏 : 348-378
DOI: https://doi.org/10.17277/pravo.2026.03.pp.348-378
PDF:

This article examines the growing volume of legislative prohibitions, backed by administrative and criminal penalties for non-compliance. The issue is examined using examples of introduced and proposed bans on various types of propaganda, the dissemination of certain information, and so on; their rationale and social consequences are analyzed. It demonstrates how the adoption of ill-considered bans contributes to the excessiveness of legal regulation for individuals and legal entities. This, in turn, entails an infringement of citizens' rights and freedoms, specifically, hindering their creative potential, limiting freedom of expression, and distorting legal consciousness. At the same time, unproductive costs for entrepreneurs and other economic entities increase. The problem is exacerbated by the uncertainty surrounding the formulation of bans and the possibility of their arbitrary interpretation. This article exposes the negative practice of introducing liability provisions for new offenses into administrative tort and criminal legislation without a proportionate increase in the staffing levels of regulatory, law enforcement, and judicial bodies, as well as without additional funding for their activities. This distorts the declared objectives of legal policy and expands the objective preconditions for selective law enforcement, abuse, and corruption. Proposals for revising and limiting existing prohibitions are substantiated, and proposals for improving the quality of draft federal laws aimed at amending administrative-tort and criminal legislation are analyzed and refined.

Уголовно-правовые науки


Extradition in Corruption Cases within the Framework of International Legal Cooperation: Problems of Dual Criminality and Grounds for Refusal of Surrender
Lipuntsova Anna, Nelidkin Vladislav

🗏 : 379-391
DOI: https://doi.org/10.17277/pravo.2026.03.pp.379-391
PDF:

The article examines the legal nature and significance of extradition – a key institution within the framework of international legal cooperation. The author reviews academic approaches to defining the essence of extradition and provides a brief analysis of the historical development of the process of surrendering individuals suspected or accused of committing crimes. Special attention is given to the specifics of extraditing persons in corruption-related cases. This analysis takes into account current international and domestic legislation, as well as established legal practice and relevant law enforcement acts. The paper further assesses the current state of the extradition institution and identifies key challenges, particularly those related to the principle of double criminality and the grounds for refusal of extradition. By applying general scientific and specialized legal research methods, the study evaluates the significance of these issues and proposes practical recommendations for addressing them. This approach has enabled the achievement of the research goals and objectives set out in the research.

Changes in Criminal Procedure Legislation in the Light of the State's Criminal Policy Reforms
Lifanova Liliya, Tetkin Denis

🗏 : 392-402
DOI: https://doi.org/10.17277/pravo.2026.03.pp.392-402
PDF:

The article analyzes the key trends and specific changes introduced into the legislation of criminal procedure, focusing on their goals, legal consequences, and compliance with modern challenges. Special attention is given to the evolution of general principles of criminal proceedings, the modernization of procedural coercion measures, and the expansion of the rights of participants in criminal proceedings.

On the Issue of Criminal Liability of Minors for Crimes of a Terrorist Nature
Popov Aleksej, Chernykh Yaroslava

🗏 : 403-412
DOI: https://doi.org/10.17277/pravo.2026.03.pp.403-412
PDF:

This article explores the theoretical and applied aspects of juvenile criminal liability for terrorist acts. It analyzes the criminal law characteristics of these offenses through the lens of fundamental principles of justice and humanism. The authors focus on the legal dilemma of determining the substantive status of a minor involved in terrorist activity through manipulation, deception, or blackmail, which requires a clear distinction between the characteristics of the perpetrator of the crime and the victim of destructive influence. The practical significance of this study stems from an analysis of the legislative models of Germany, Scandinavia, and China in the area of juvenile justice. Based on the findings, proposals have been formulated for improving the domestic legal framework and comprehensive criminological prevention measures aimed at neutralizing extremist attitudes among young people.

Legal Aspects of the Social Rehabilitation of Former Convicts Participating in a Special Military Operation
Uporov Aleksandr

🗏 : 413-426
DOI: https://doi.org/10.17277/pravo.2026.03.pp.413-426
PDF:

The article analyzes the legal issues of social rehabilitation of former convicts who participated in a special military operation and were subsequently pardoned. The study examines the provisions of Federal Law No. 10-FZ of 06.02.2023 “On Probation in the Russian Federation”, the norms of penal enforcement legislation, as well as legislation on administrative supervision and employment. It is demonstrated that there are significant gaps in legal regulation, including the absence of special rules on post-penitentiary probation of pardoned participants in the special military operation, the impossibility of establishing administrative supervision over persons whose criminal record has been removed by pardon, and insufficient guarantees of employment for this category of citizens. The article considers criminological risks associated with the high level of recidivism among persons released from places of deprivation of liberty, as well as psychological factors (post-traumatic stress disorder, double psycho-emotional burden) that complicate their re-socialization. Both positive and negative experience of social adaptation of former convicts who took part in the special military operation are analyzed. Based on the results of the research, proposals are formulated to improve legislation, including supplementing the Federal Law on Probation with provisions on a special procedure for post-penitentiary support of pardoned participants in the special military operation, amending legislation on administrative supervision and employment, and creating specialized rehabilitation centers. The need for a differentiated approach to re-socialization, taking into account the motivation of convicts when concluding a contract for participation in the special military operation, is substantiated.

Частноправовые науки


Prevention of Abuses of Civil Procedural Rights
Subocheva Violina, Strots Ol`ga

🗏 : 427-434
DOI: https://doi.org/10.17277/pravo.2026.03.pp.427-434
PDF:

The article examines the approaches of the academic community to defining the concept and significance of the abuse of civil procedural rights; the authors place particular emphasis on defining the prevention of abuse and distinguishing this concept from suppression. The reasons and the need to specify these concepts are highlighted. Based on an analysis of law enforcement practice and scientific works, the authors identify the existing measures to prevent procedural abuses, and a list of preventive measures against the commission of abuses in civil proceedings is presented.

Контакты

Адрес: 392000, г. Тамбов, ул. Советская, 106

Телефон: +7 (4752) 63-03-91

E-mail: vestnik.tgtu@tstu.ru

Последние материалы

Подписка

Оформить подписку на печатную версию журнала можно на сайте Объединенного каталога "Пресса России" и через интернет-магазин "Пресса по подписке" (подписной индекс 85741).

 

Задать вопрос

При возникновении вопросов, связанных с публикацией материалов, следует обращаться по E-mail: pravo_red@list.ru