THEORETICAL AND HISTORICAL LEGAL SCIENCES
Aim. To study conceptual issues of the development of higher education based on a philosophical and legal approach in the Russian Federation in the context of the transition to a new model of personnel training.
Methodology. The limits of legal regulation in the field of education are analyzed, due to the nature of the educational process, the professional autonomy of the teacher and the level of public reflection. The relationship between fundamentality and practice orientation in the legal dimension is investigated.
Results. The limits of legal regulation in the field of education are determined, due to the nature of the educational process, the professional autonomy of the teacher and the level of public reflection. Particular attention is paid to the category of fundamentality as a backbone principle of the new model of higher education. National and disciplinary features of understanding fundamentality in continental, Anglo-American and Russian traditions are considered. It is shown that fundamentality in the Russian context expresses the priority of state principles, ensures the non-reducibility of education to momentary market conditions and serves as the pedagogical equivalent of the synthesis of ideas of sovereign statehood and individual dignity.
Research implications. The role and significance of fundamentality in Russian education are disclosed. A hierarchical subordination of principles is proposed, in which practice orientation is considered as a way of realizing fundamental knowledge. Proposals are formulated for the normative consolidation of the principle of fundamentality in education legislation.
PUBLIC LAW (STATE LAW) SCIENCES
Aim. To form an idea of the emerging concept of the bio-law system.
Methodology. Various research methods were used. To achieve the set goal, comparative and systemicstructural methods were chosen as the key ones.
Results. It has been established that the development of a system of bio-law principles is based on an interdisciplinary and intersectoral approach. The system of bio-law principles is characterized as complex. It incorporates principles of bioethics, constitutional principles, environmental protection principles, biosafety principles, bioeconomic principles, and technical regulation principles as legal complexes. It is determined that the development of a system of bio-law principles is based on an integrative approach that makes the unification of various components into a single, coherent structure possible. It is noted that the system of bio-law principles is dynamic and evolving.
Research implications. This study aims to advance the theory of public law. It presents a coherent justification for the emerging structure of the bio-law principles and the prospects for its development.
Aim. To identify the means of restricting the discretion of public authorities that are specific exclusively to urban planning activities and formulating proposals for the statutory codification of approaches to limiting discretionary powers in light of the identify characteristic of urban development regulation.
Methodology. The authors analyzed a body of scholarly research on the delimitation of public and private interests, legislatives texts and law enforcement practice in the field of urban planning activities.
Results. The conducted analysis has demonstrated that the zonal mechanism of legal regulation of urban planning activities requires consolidation as a mechanism of discretionary expressions of will by public authorities in the exercise or urban planning activities.
Research implications. The theoretical significance of study lies in the expansion of scholarly understanding of public authority discretion across various branches of law. The study carries significance by revealing the need to incorporate zonal urban regulation into the assessment of decisions rendered by public authorities and formulating proposals for the statutory codification of approaches to limiting discretionary powers in light of the identify characteristic of urban development regulation.
Aim. To analyze the Spanish experience in regulating the sub-institute of status to improve the domestic institution of citizenship, in particular its sub-institute of recognition as a citizen of the Russian Federation.
Methodology. The key research method was the formal legal method, which allowed the author to analyze the rules on citizenship enshrined in Spanish normative legal acts in the original language. The use of the comparative legal method allowed the author to compare approaches to the interpretation of sub-institutions of recognition as a citizen in Russia and possession of the status of a citizen in Spain, to identify the general and particular in them. The views of domestic and foreign researchers on the nature and characteristic features of these sub-institutions of citizenship are presented.
Results. Based on the comparative analysis of the Russian sub-institute of recognition as a citizen of the Russian Federation and the Spanish sub-institute of possession of the status of a Spanish citizen, the author comes to the conclusion that it is necessary to supplement the norm on recognition as a citizen of the Russian Federation with specific proposals.
Research implications. Based on the Spanish experience of legal regulation of citizenship issues, the classification of methods of obtaining Russian citizenship has been adjusted, as well as conclusions have been drawn about the nature of the sub-institute of recognition as a citizen of the Russian Federation and proposals for its improvement.
Aim. To analyze the approaches of scientists and practitioners to the issues of guarantees of security for citizens when exercising their right to appeal, the problems of abuse of the right to appeal, and the distinction between abuse of the right to appeal and offenses.
Methodology. The main method of scientific research was the formal-legal method, which was used to analyze the provisions of existing legal acts on the consolidation and implementation of the right to appeal, as well as judicial practice. The work also used general scientific methods, such as analysis, generalization, and the logical method, among others.
Results of the study made it possible to draw conclusions about the practical problems of implementing security guarantees when citizens contact public authorities, and to outline the line where a simple abuse of the right can be classified as an offense.
Research implication. The results of the study can be useful for further research on reproductive rights and freedoms, as well as for law enforcement agencies.
Aim. To determine the specific features of the constitutional and legal status which public authorities in the federal territory of “Sirius” have in the context of their implementation of the powers of local governments of the urban district during the ongoing transition period.
Methodology. The article presents the views of researchers on the organization and functioning of public authority and the definition of the specific features of the constitutional and legal status of federal territories in Russia. The article analyzes the legal positions of the Constitutional Court of the Russian Federation on issues of public authority organization in the Russian Federation, federal legislation on the general principles of public authority organization in the constituent entities of the Russian Federation and local self-government organization, legislation of Krasnodar Krai applicable to the federal territory of “Sirius,” and regulatory legal acts of public authorities in the federal territory of “Sirius” regarding the transfer of powers.
Results. Based on the results of the study, it is concluded that the dynamics of the powers of local governments of the urban district accepted for independent implementation by public authorities in the federal territory of “Sirius” demonstrates the validity of the model for resolving local issues implemented within the federal territory. The independent nature of public authority in the federal territory of Sirius, which is not being derived from other authorities, is noted.
Research implications. The study summarizes the practice of transferring powers of local government bodies, exercised by public authorities in the federal territory of Sirius, to local government bodies in the urban district of the resort city of Sochi. Based on this, a trend toward minimizing the scope of transferred powers during the transition period is established. The study identifies promising areas of legislative activity aimed at eliminating the duality of legal regulation of the federal territory “Sirius”, which hinders the independent implementation by public authorities of the federal territory “Sirius” of the powers enshrined in Federal Law No. 437-FZ “On the Federal Territory “Sirius”, as well as updating the regulatory legal acts of the federal territory in connection with the adoption of Federal Law No. 33FZ “On the General Principles of Organizing Local Self–Government in a Unified System of Public Authority.”
Aim. To analyze the legal mechanisms for establishing a sovereign model of higher education in Russia, to identify regulatory deficiencies inherited from the Bologna process, and to substantiate the valuebased and legal foundations for overcoming them.
Methodology. The study is based on formal legal and comparative legal methods. The application of the axiological method made it possible to identify the value-based foundations for the transformation of education and substantiate the need to return to traditional spiritual and moral guidelines.
Results. The need to address three sets of interrelated objectives is substantiated. These objectives are restoring traditional spiritual and moral guidelines in the educational law system, transitioning to a flexible institutional architecture (a system of basic and specialized education), requiring amendments to the Federal Law “On Education in the Russian Federation”, and affirming the principle of pedagogy.
Research implications lie in revealing the axiological dimension of the processes of sovereignization of Russian higher education, as well as in substantiating practical approaches to integrating traditional values into the educational process. The findings can be used in legislative efforts to improve the Federal Law “On Education in the Russian Federation,” as well as in law enforcement practices at higher education institutions when developing local regulations.
CRIMINAL LAW SCIENCES
Aim. To develop forensic methods for diagnosing the digital identity of the subject of criminal procedure communication, which make it possible to differentiate between human and artificially generated communications in the context of committing fraudulent actions.
Methodology. The study included an analysis of legal acts governing the digital interaction of criminal justice actors, a study of modern approaches to digital communications verification, an analysis of specific criminal cases involving message falsification by generative artificial intelligence systems, modeling of user interaction situations using deep machine learning technologies, and a study of the behavioral patterns of participants in criminal communication processes. The study collected, summarized, and analyzed empirical data using a combination of traditional scientific research methods and specific scientific techniques. Specifically, the formal logical method was used to analyze relevant procedural documents on fraud investigations using transcriptions and other phantom actions; a comparative analysis method was used to study institutions in related fields of knowledge; and a document analysis method was used to analyze information, analytical, and other materials from criminal cases and online fraudulent practices.
Results. The study made it possible to develop a set of diagnostic criteria for identifying artificially created communications used by criminals to commit fraud. Conclusions were drawn regarding possible technical methods for detecting distorted identification traces in the electronic environment, including methods for verifying the authenticity of social media accounts, web resources, and emails. Patterns and specific behavioral indicators of attackers using AI technologies to create false images of criminals were identified.
Research implications. The results obtained made it possible to expand the boundaries of existing forensic theories of digital identification of individuals involved in criminal investigations. The proposed methodology contributes to the improvement of counterfeit communication detection practices, enabling more accurate identification of the true perpetrators of crimes and the formation of an evidence base in the digital environment. The developed methods represent a tool for increasing the effectiveness of solving and investigating crimes committed using artificial intelligence technologies. The application of the proposed approach improves the quality of pre-trial proceedings and ensures the objectivity of judicial proceedings. The findings and recommendations obtained during the study can be implemented in the activities of law enforcement agencies and the judicial system to enhance cybersecurity and prevent the abuse of AI technologies.
Aim. To evaluate the effectiveness of punitive measures, correctional measures, and probation as tools for achieving the rehabilitation of convicted persons and preventing recidivism.
Methodology. A comprehensive analysis of criminal and penal legislation, the practice of its application, and criminological data is a key method. Special attention is paid to studying the causal relationships between various measures of influence on convicts and their effectiveness.
Results. The research shows that the effectiveness of correction depends on the combination of compulsory measures and the voluntary participation of the convict in the process of changing their behavior. The article identifies three categories of convicts: those who are motivated to reform, those who are not motivated, and those who are subject to compulsory reform. The article proposes a differentiated approach to the application of correction and probation measures, depending on the motivation of convicts to change their behavior towards law-abiding behavior. The article substantiates the need to distinguish between the categories of convicts based on their attitude towards reform and proposes an appropriate combined system of measures.
Research implications lie in the development of proposals for improving the mechanism of punishment enforcement and the use of probation, aimed at reducing recidivism and increasing the effectiveness of correctional measures.
ISSN 2949-513X (Online)




















