Vol  10 - No 3 (2025)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF SOCIAL RELATIONS   

Artur S. Ghambaryan

LEGAL UNDERSTANDING AND DEVELOPMENT OF LAW CONTRA LEGEM

Abstract. The article examines the ideological foundations of the development of contra legem law and lists the types of legal understanding under which the doctrine of contra legem law development may gain or lose its effectiveness.

The main purpose of the work is to present the types of legal understanding under which the doctrine of contra legem law development is possible. The doctrine of contra legem law development can be applied in conditions of legal relativism, when no type of understanding of law is absolutized. The doctrine of natural law creates fertile ground for the development of law contrary to the law, while strict legalism excludes any manifestation of the development of law contrary to the law by a judge.

The article examines the doctrine of contra legem development of law from the perspective of various types of legal understanding, in particular exclusive and inclusive legal positivism.

The study is based on the dialectical method of cognition, using general scientific as well as special methods.

The article consists of the following sections: introduction, types of legal understanding that justify and exclude the development of law contra legem, the development of law contra legem from the perspective of the doctrine of natural law, the development of law contra legem in the context of exclusive positivism, and conclusion.

It is concluded that the development of contra legem law is only possible if a particular legal system allows for a liberal-pluralistic perception and interpretation of law. The doctrine under discussion finds fertile ground in the doctrine of natural law. Accordingly, it is opposed by opponents of the ideas of natural law, as well as manifestations of extreme, legalistic positivism.

Keywords: contra legem, contrary to the law, legal understanding, natural law, exclusive positivism, inclusive positivism, court, legalism, legal relativism, interpretation of the law.

Ivan A. Ivannikov

PHILOSOPHICAL, LEGAL AND POLITICAL VIEWS OF F. V. TARANOVSKY (ON THE 150TH ANNIVERSARY OF THE SCIENTIST'S BIRTH)

Abstract. In the context of the crisis in the construction of the rule of law, the prevalence of the law of force rather than the force of law in the system of international relations, the intellectual part of humanity is attempting to rethink the legacy of global philosophical and political-legal thought in an attempt to find answers to many problematic issues of our time. The purpose of this article is to highlight the philosophical, legal, and political views of F.V. Taranovsky based on his works, which reflect the history of legal science, the specifics of legal philosophy in Russia in the early 20th century, the place of legal philosophy in the system of legal sciences, as well as his letters to V.I. Vernadsky. The article is devoted to the study of F.V. Taranovsky's views based on his works, which reflect the history of legal science, the specifics of legal philosophy in Russia in the early 20th century, and the place of legal philosophy in the system of legal sciences. In writing this work, general (dialectical, hermeneutic), general scientific (analysis, synthesis), and specific scientific (chronological, retrospective, subjective) methods were applied. The article "A New Experience in Constructing the Philosophy of Law in Russian Literature" was one of the first works devoted to the problems of legal philosophy in Russia at the beginning of the 20th century. It is concluded that F.V. Taranovsky's "Textbook of the Encyclopedia of Law" (1917) presented the result of his many years of work and reflected the legal worldview of a scholar who demonstrated that at a certain stage in the history of legal science and practice, an objective need arose for the creation of a discipline that would provide a holistic understanding of law and the state, linking together all areas of jurisprudence. This role was fulfilled by the encyclopedia of law, the subject of which is the general doctrine of law and the disclosure of the fundamental ideas of jurisprudence.

Keywords: F. V. Taranovsky, philosophy of law, encyclopedia of law, psychological theory of law, rule of law.

Georgiy A. Mutafyan

COMPENSATION FOR DAMAGES IN CASE OF VIOLATION OF CONTRACTUAL OBLIGATIONS BY MEMBERS OF GROUPS OF LEGAL ENTITIES

Abstract. Relevance: due to the widespread use of groups of legal entities as a key element of the modern economy, there is an increasing need for comprehensive legal regulation of intra-group contractual relations and regulation of the specifics of ways to protect the violated rights of participants in these groups, which creates gaps in legislation, contradictory judicial practice and does not meet the economic needs of participants in turnover. The relevance of the study of the institute of compensation for damages in modern civil law is due to its central role in the mechanism of protection of violated rights and restoration of the creditor's property status.

The main goal is to identify and identify gaps in the current legislation when considering compensation issues with the participation of the contracting party in a group of legal entities.
Problems considered: the problems of determining the amount of recoverable damages, violations of contractual freedom when setting conditions for limiting liability for damages by members of a group of legal entities, and abuse by the parent company of its ability to influence the decisions and actions of a subsidiary in matters of contractual liability are investigated.
Methods used: formal-logical (analysis, synthesis, analogy, deduction, induction), formal-legal, legal modeling method, forecasting method.
Conclusions: The results of the conducted research show that the determination of contractual losses, proof and calculation require taking into account the specifics of intra-group relations: the unity of economic interests, transfer pricing and the managerial nature of transactions. Standard approaches based on market conditions are often not applicable, so the amount of losses must be determined taking into account the internal economic reality of the group. At the same time, it is important to maintain a balance between protecting the bona fide interests of participants and preventing abuse, especially given the inequality of the parties in setting limits on liability.
Keywords: group of legal entities, subsidiary, losses, obligations, freedom of contract.

RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE

Alina A. Asadullina

PRINCIPLE OF EQUALITY BEFORE THE LAW AND COURTS IN THE CONTEXT OF THE LEGAL CONCEPT OF AN AMNESTY AIMED AT THE REPATRIATION OF CAPITAL

Abstract. The relevance: the article explores the problems of implementing the principle of equality of all before the law and the court in the criminal process of modern Russia. The relevance of the work is due to the need to ensure a balance between state interests and individual rights in the face of economic and political challenges.

The main goal: development of proposals for improving criminal procedure legislation and related areas, including issues of denunciation of international treaties and amnesties
The problems under consideration: problems of inequality of participants in the process due to differences in the forms of preliminary investigation, special grounds for exemption from liability, as well as the influence of organizational and legal mechanisms in the field of entrepreneurship are considered.
The methods used: applied comparative legal and formal legal methods, analysis of regulations and judicial practice.
Conclusions: as a result, the need to unify the preliminary investigation, the creation of the institution of compulsory judicial control over the restoration of the rights of victims, the formation of a state compensation fund was revealed. The proposal to introduce into the Federal Law "On International Treaties of the Russian Federation" provisions on taking into account constitutional principles when denouncing treaties is justified. It was concluded that the set of proposed measures will increase the real protection of citizens' rights, strengthen confidence in justice and ensure the rule of law.
Keywords: the principle of equality of all before the law and the court; criminal proceedings; judicial control; international standards; rights of participants in the process; preliminary investigation; compensation for harm.

Daria P. Maiko

ON THE ISSUE OF REFORMING THE CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION TAKING INTO ACCOUNT THE MAIN PROVISIONS OF THE ROMANO-GERMANIC AND ANGLO-SAXON LEGAL FAMILIES

Abstract. The theory of criminal procedure in the Russian Federation can be changed by borrowing provisions from other states, for example, representatives of the Anglo-Saxon legal family. However, there is another position: it is impossible to mix accusatory and adversarial proceedings due to problems within each legal family. In this regard, it is advisable to analyze the possibility of modernizing the criminal process. The purpose of the study is to analyze the provisions of the Romano-Germanic and Anglo-Saxon le-gal families that can be borrowed to re-form the domestic criminal process. The problems under consideration include the study of the foundations of the Romano-Germanic and Anglo-Saxon legal systems and the analysis of their relationships. The research methods used are based on an integrated approach combining historical and legal analysis of the Romano-Germanic and Anglo-Saxon legal fami-lies, and a comparative method in their comparison. The results of the study indi-cate that only a step-by-step reforming the domestic criminal procedure legislation without forcibly changing the basic provisions and fundamental foundations, taking into account the traditions and cus-toms of society, can lead to positive results.

Keywords: Romano-German legal family, Anglo-Saxon legal family, criminal procedure of the Russian Federation, reformation of the criminal procedure of Russia.

Oleg V. Maslov

CASSATION GROUNDS FOR SENTENCE CANCELLATION AS A KIND OF "LEGAL OBSTACLE" IN ACHIEVING THE GOALS OF CRIMINAL PROCEEDINGS

Abstract. The article is devoted to the study of the legal nature of the cassation grounds for sentence cancellation through the prism of the theory of legal obstacles in legal regulation.

The main purpose of the article is to deepen theoretical understanding of the nature of the cassation grounds for the cancellation of a verdict or other final act in a criminal case.
Research methods. Comparative legal method, a method of legal analysis, systematization, abstraction. Conclusions. The author formulates the author's definition of cassation grounds as legal obstacles and proposes a system of criteria for their identification and elimination in the context of ensuring the fairness of criminal proceedings.
Keywords: criminal proceedings, law enforcement, cassation proceedings, legal obstacles, judicial errors, legal regulation, effectiveness of the criminal process.