Science Vector of Togliatti State University. Series: Legal Sciences

Peer-reviewed scholarly journal published quarterly since 2010.

 

Publisher & Founder

Togliatti State University, Togliatti, Russia
WEB: https://www.tltsu.ru/en 

 

Editor-in-Chief

Mikhail M. Krishtal
Doctor of Physical and Mathematical Sciences, Professor
Scopus
 ResearcherID ORCID

 

About

Languages: Russian, English.

Periodicity: quarterly  (March 31, June 30, September 30, December 30).

There are no publication fees or fees payable to authors.

The Journal offers authors direct open access to its content.

The journal is included in the List of Peer-reviewed Journals of Higher Attestation Commission, and the research results of a DSc or CSc thesis are recommended to be published in the journal.

For the Russian Science Citation Index, full bibliographic description of all papers are indexed and listed in the Scientific Electronic Library eLIBRARY.RU.

Five-year 2022 Russian Science Citation Index Impact Factor is 0.201 (with no self citations).

The journal publishes original papers in the area Criminal-Law Sciences.


Current Issue

No 1 (2024)

Full Issue

National interests and their protection in civil proceedings
Mikhailova E.V.
Abstract

Under civil, arbitration and administrative procedures, many cases are considered in which one of the objects of protection is state (national) interests. The work provides evidence that a number of legal relations regulated by the Civil Code of the Russian Federation are of a public-law nature. In this case, disputes arising from these relations are resolved according to the rules of action proceedings in civil and arbitration procedures. The author proves that the state, acting as a participant in civil-law relations, nevertheless implements public-law functions ensuring national interests. At the same time, there are no special rules aimed at protecting these interests in procedural legislation. The author developed an approach to understanding the nature of national interests, including the traditional spiritual and moral values enshrined by the decree of the President of the Russian Federation. Based on the analysis of the legal positions of the Supreme Court and Constitutional Court of the Russian Federation, the doctrine of civil and arbitration procedures, and administrative proceedings, private and public-law conflicts are differentiated. The author proposed specific procedural mechanisms for protecting national interests in civil proceedings: accretion of the procedural power of the court when considering cases with the participation of the state (going beyond the asserted claims and arguments of the parties, disclosure of evidence on its own initiative); expanding the functions of the prosecutor in the field of civil procedural jurisdiction (in particular, giving him the right to apply for defense of the rights and interests of military personnel); consolidation of special procedural responsibilities of state authorities, local government authorities, officials as participants in civil and arbitration proceedings. It is also proposed to prohibit the conclusion of settlement agreements in cases involving the state.

Science Vector of Togliatti State University. Series: Legal Sciences. 2024;(1):5-12
pages 5-12 views
Features of the movement of weapons across customs borders by diplomatic representatives using the example of the USA and Russia
Romanova V.V., Moiseeva V.Y.
Abstract

Currently, there are no uniform, internationally standardized rules for the importation of weapons by diplomats into the territory of the receiving state. Since a significant number of issues concerning the legal status of diplomats are determined domestically by each state independently, the problem of the lack of a uniform practice of bringing diplomatic employees to the responsibility for the prohibited items importation arises. The paper presents a study of the problems of the admissibility of the firearms importation into the territory of a foreign state by certain categories of inviolable persons. The authors focus attention on various approaches to understanding the essence of state sovereignty. The paper considers the experience of foreign states in regulating the procedure for importing, storing and carrying weapons by foreign citizens. Particular attention is paid to legal regulation in the territory of the United States, where, despite the pure and simple weapon import ban for private citizens, in the case of the weapon import by security guards of diplomatic missions, an exception with prior approval is possible. The paper provides the information on the legal regulation of this issue within the territory of the Russian Federation. The provisions of the Federal Law “On Weapons” are analyzed, according to which foreign citizens, including diplomatic representatives, do not have the right to store, carry and use firearms in the territory of the Russian Federation on a long-term basis. The authors formulate the conclusion about the necessity of supplementing the Vienna Convention of 1961 with a provision on the procedure for the movement of firearms across customs borders for heads of diplomatic missions and consular institutions, members of the diplomatic staff of diplomatic missions, consular officials, as well as members of their families.

Science Vector of Togliatti State University. Series: Legal Sciences. 2024;(1):13-19
pages 13-19 views
Atypical forms of state structure: the example of an empire
Skvoznikov A.N.
Abstract

In the science of the theory of state and law, a problem related to the classification of forms of state structure has arisen. The traditional approach to the form of state structure, within which it is customary to distinguish unified (unitary) and constituent (federal) states, does not reflect contemporary life realities. There are no clear criteria in legal science for dividing states into unified and constituent ones. The paper considers various approaches to the problem of classifying forms of state structure in contemporary legal theory. The author concludes that the traditional three-element approach to the form of state (form of government, form of organization and political regime) has methodologically exhausted itself and does not reflect the current state of affairs. All elements of the state form are closely interrelated and are in an unbreakable dialectical unity. The form of government largely determines the form of the territorial structure, as well as the methods of interaction between the authorities and the population (political regime). The nature of the relationship between the center and the regions (constituent entities) based on the centralization or decentralization principle, largely depends on the form of government. As a rule, the republican form of government determines the federal (decentralized) form of state-territorial structure and the democratic political regime. At the same time, the real possibility of functioning of republican institutions (election and alternation of government authorities) and the implementation of the federalism principles (the actual independence of the constituent parts of the state) largely depend on the political regime. In the context of an authoritarian (totalitarian) political regime, the republican form of government and the federal form of government enshrined in legislation are conditional in nature – in fact, they cannot be implemented. The purpose of the work is to analyze the forms of state structure in contemporary legal theory and identify the essential features of empire as a special form of state structure.

Science Vector of Togliatti State University. Series: Legal Sciences. 2024;(1):20-27
pages 20-27 views
The influence of legal mentality on the type of criminal proceedings in Russia
Shestakova L.A.
Abstract

The paper analyzes the prospects for the development of a new criminal procedural law to replace the Criminal Procedure Code of the Russian Federation of 2001, which has lost its consistency. Using legal methods of scientific research, as well as the cultural method, the author analyzes the purpose of criminal procedural activity, the historical background of its formation and consolidation, as well as adversariality as an ideal form of contemporary criminal procedure. The paper shows that liberal legal values enshrined in the form of the purpose and system of principles of the Criminal Procedure Code of the Russian Federation of 2001 do not reflect the real interests of Russian society in the public sphere. Believing that determining the purpose of the criminal procedure and the place of adversariality in the system of its principles is a methodological mistake of the legislator, the author makes a number of conceptual proposals for improving the criminal procedure law. The author proposes to clarify the formulation of the goals and objectives of criminal proceedings, taking into account the specifics of the legal mentality of Russians. When formulating the purpose of criminal procedural activity, it is necessary to indicate the tendency of the criminal procedure to identify correctly the factual circumstances of what happened achieved through repeated verification of the facts in different procedures and by different officials. The tasks of criminal procedural activity formulated in the Criminal Procedure Code of the Russian Federation should be implemented in pre-trial and judicial proceedings by different criminal procedure subjects. It is proposed that the tasks of criminal procedural activity should include identifying a guilty person and assigning punishment to him; acquittal of an innocent person and his rehabilitation; identifying the factual circumstances of an incident; protection of individual rights and freedoms. Adversariality should be excluded from the criminal procedure principles, and the criminal procedure itself should be organized according to a mixed type with investigative pre-trial proceedings and adversarial judicial proceedings.

Science Vector of Togliatti State University. Series: Legal Sciences. 2024;(1):28-34
pages 28-34 views

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