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Moscow Juridical Journal

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No 3 (2025)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

6-12 235
Abstract

Aim. To study the phenomenon of Highland verbal courts as a key institution for the legalization and transformation of customary law (adat) in the legal system of the Russian Empire in the North Caucasus.

Methodology. The main research method is historical and legal. Analysis of archival materials, legislative acts and pre-revolutionary ethnographic collections was carried out.

Results. The authors show that courts that formally applied adat in practice created a hybrid legal reality that is a “judicial custom.”

Research implications. A judicial custom is examined as a strategic instrument of imperial governance, ensuring regional integration through the controlled recognition and modification of local legal norms. The focus is on the procedure for adjudication, identifying the mechanisms for selecting adat norms, and analyzing the conflicting interpretations between the imperial administration, traditionalists, and Islamic law (Sharia).

13-20 70
Abstract

Aim. In the study, the history of Soviet regional prosecutor’s offices in the works of 20th century Soviet and Russian researchers is explored.

Methodology. The study was conducted based on legal and historical-legal studies published between the 1950s and 1990s, using problem-chronological and formal-legal research methods.

Results. The views of Soviet and contemporary legal scholars and historians on the history and nature of prosecutorial oversight and the prosecutor’s office in the USSR are examined. The study of the history of Soviet justice is characterized by ambiguity and contradictions.

Research implications. The research conducted contributes to the study of the activities of Soviet supervisory and prosecutorial bodies. The article may be useful for specialists in the history and organization of justice.

PUBLIC LAW (STATE LAW) SCIENCES

21-30 64
Abstract

Aim. To find a balance between legal norms in healthcare and the possibility of their effective implementation in practice.

Methodology. General philosophical, general scientific and private legal methods of scientific research were used. Thus, the main results are achieved through a theoretical understanding of social relations with a main emphasis on legal relations.

Results. Conclusions drawn are aimed at modernizing legislative and law enforcement activities, which have elements of scientific novelty; proposals were formulated to improve medical law.

Research implications. An attempt was made to comprehend the prospects for improving the public legal regulation of medical activities, on which the rules for ensuring a good state of health of each person depend. This work can be used in further research on similar topics and teaching legal disciplines in higher education institutions.

31-38 68
Abstract

Aim. To examine the dialectical transformation of the terra nullius doctrine within Australian law system: from an instrument of absolute denial of Indigenous rights to a formal basis for their partial recognition. This recognition, enshrined in modern legal construct (Native Title), has preserved a systemic vulnerability inherent in Indigenous rights – a legacy of the original colonial logic.

Methodology. The study employs historical legal and comparative legal analysis. Methodological work is based on a critical examination of key judicial precedents, normative acts, and legislation from the Australian colonies and the Commonwealth of Australia, as well as a comparative assessment of British colonial experience across different regions.

Results. The analysis of the legal status of Indigenous Australians was shaped within the framework of common law and subsequently entrenched in the Commonwealth upon the Federation’s establishment. The courts, which initially utilized the terra nullius doctrine to legitimize deprivation of rights, subjected it to revision in the late 20th century. However, in developing the new legal concept of Native Title, judicial practice relied on the principle of the conditional nature of native rights, rendering their recognition inherently contradictory and vulnerable.

Research implications lie in identifying the mechanism by which colonial logic is preserved within its contemporary negation. Practical significance consists in a critical appraisal of the limitations inherent in the judicial path for the comprehensive restoration of Aboriginal rights.

39-46 61
Abstract

Aim. To assess the legal interaction between the state, hired labor, and capital during the formation of domestic labor law.

Methodology. An analysis of the features of interaction between the state, hired labor and capital in the late 19th – early 20th centuries is conducted.

Results. It is shown that collective agreements were the only positive form of interaction during the period under review. It is noted that during that period, a distinctive feature of the state’s legal interaction with other actors of social power in the sphere of labor was the absence of one of the most important actors of social power that was a worker represented by his or her representatives.

Research implications consist in the substantiation that the use of historical experience in the legal regulation of social relations in the sphere of hired labor, primarily collective bargaining, can lead to the creation of a unified model of social interaction between actors of social power that adequately reflects the current state of social and labor relations in Russia.

47-55 67
Abstract

Aim. To analyze the legal status of the Ombudsman’s Office in the Kingdom of Bahrain, identifying the specifics of its functioning and its place in the state mechanism of this country.

Methodology. During the study, both general methods of scientific knowledge (the method of analysis and synthesis, induction and deduction) and special methods were used such as a comparative legal method, which made it possible to correlate the national characteristics of the ombudsman institution in the Kingdom of Bahrain with similar institutions in other countries, and a method of historical legal analysis which was used for analyzing historical events and the preconditions for the adoption of normative legal acts establishing this institution and regulating its activities in this country.

Results. The legal framework for the organization and functioning of the ombudsman’s office in the Kingdom of Bahrain is described. Trends aimed at strengthening institutional guarantees for human rights protection in this Middle Eastern state are identified. Shortcomings of the existing ombudsman model in Bahrain are revealed.

Research implications. Thе research contributes to the study of issues related to the adaptation and transformation of Western legal institutions (such as the ombudsman institution) into legal systems which are not considered to be complete democracies. The practical significance of the analysis of the legal status and operational features of the Bahraini ombudsman allows to assess the extent to which the establishment and activities of this institution can influence the reduction of the level of political tension in society, and may also serve as an argument in favor of gradually expanding the actual powers of the institution without a radical overhaul of the country’s political system. Moreover, the political and legal experience of Bahrain (the first country in the region implemented this institution), the results of which are being observed by neighboring states, may influence regional trends in changing public administration.

CRIMINAL LAW SCIENCES

56-63 88
Abstract

Aim. To comprehensively study modern aspects of the legal regulation of the active repentance institution, the identification of systemic problems, and the development of scientifically based proposals for improving its mechanism within the framework of the modern legal system of the Russian Federation.

Methodology. The research is based on a systematic approach, including comparative legal analysis, formal-logical methods, and structural-functional analysis. Methods of scientific abstraction and modeling of legal constructions were applied, along with the dialectical method of cognition.

Results. Key problems in the implementation of the active repentance institution in the modern legal system have been identified. The author’s classification of the elements of the institution has been developed, and the criteria system for evaluating post-criminal behavior has been proposed. A psychological analysis of motivation for repentance has been conducted, examples from judicial practice have been systematized, and an in-depth comparison with foreign analogues has been carried out. The necessity of improving the regulatory framework and unifying law enforcement practices has been substantiated.

Research implications. The results of the study contribute to the development of the doctrinal foundations of criminal law and can be used to improve legislation and law enforcement practices. The proposed scientifically based recommendations are aimed at enhancing the effectiveness of the institution of active repentance as a tool of criminal law policy.



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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)