No 3 (2025)

Cover Page

Full Issue

Contemporary problems of legal regulation of stray animal population

Latypova E.Y., Gilmanov R.E., Tukhvatullina K.M.

Abstract

Existing methods of controlling the stray dog population, such as sterilization and vaccination, often do not solve the problem of animal aggression. The authors propose to revise the existing law enforcement practice regarding animal cruelty, which is designed to establish a balance between protecting animals and ensuring the safety of citizens. Unfortunately, very often, aggression of stray animals in the form of stray dogs attacks on people and other domestic animals is recorded, which harms their health and can lead to death. The existing solution to the problem involves the CNVR formula (catch–neuter–vaccinate–return to the place of residence), but the problems of zooaggression are not solved in this case, which is confirmed by the constant quantitative growth of stray animals and their attacks on people. There are inaccuracies in the wording of animal cruelty in criminal and administrative legislation. Gaps in the state policy on regulating the number of stray animals, including insufficient legal regulation of responsible treatment of animals, are identified. The authors conclude that the most optimal way to regulate the number of stray animals is by means of irretrievable capture and the possibility of their euthanasia in the case of their being unwanted. The need to take into account regional characteristics when determining the period of keeping stray animals in shelters is confirmed. We believe that it is necessary to promote actively responsible treatment of animals among minors and other citizens and to create appropriate federal and regional programs in pursuance of the Federal Law “On responsible treatment of animals”.

Jus strictum. 2025;(3):7-16
pages 7-16 views

Liability under a civil contract when selecting a method of defense

Mashtakov I.V.

Abstract

The general and special provisions of the Civil Code of the Russian Federation on certain types of contracts reveal a consistent approach of the legislator to identifying a mechanism for enforcing protection of rights violated under a contract. Among the particular methods of protection specified by the legislator, traditional civil liability measures can be observed. It is noted that the legislator does not assign them a primary role in the mechanism for implementing protection of rights violated under a contract. Therefore, using a formal legal research method and methods of systemic and comparative analysis, this paper attempts to identify the functional purpose of the possible liability measures applicable under a contract within the implementation of the legally provided methods of defense. The study allowed understanding the legislator’s intention not to encourage parties to the contract to terminate it with the mandatory imposition of liability measures. A liability measure under a contract is characterized as an additional, preventive, restorative (or suppressive) method of protection, which distinguishes it from other legally provided methods that are not classified as liability. It is concluded that the application of liability for breach of contract is a voluntary or, to a greater extent, forced response by its party to the inappropriate behavior of its counterparty. The choice to apply liability to the latter as a method of protecting its violated contractual rights is not a goal in itself and is primarily determined by the parties’ desire to preserve and continue the contractual relationship.

Jus strictum. 2025;(3):17-25
pages 17-25 views

Notice of criminal liability: an effective measure of criminal procedure prevention or a relic of the past?

Rossinskiy S.B.

Abstract

Being provided for by the criminal procedure legislation of the Russian Federation, notice of criminal liability of witnesses and victims for refusing to testify and intentionally making a false statement, experts – for giving willful false evidence, and other participants in criminal proceedings – for some other crimes against justice are subject to critical analysis. Such notice is referred to as self-evident procedural-preventive measure recognized by practitioners, subject to be applied in order to prevent the refusal or evasion of addressees from the proper execution of prohibitions and obligations applicable to them. At the same time, such measures are assessed as somewhat strange, poorly consistent with the well-known principle of the presumption of knowledge of the criminal law, including in the conditions of its fundamental refutation. In this regard, the reasons for introducing such requirements into the subject of criminal procedure regulation are revealed – they are seen in the circumstances of the emergence of the early Soviet system of criminal justice, caused by the denial of any religious rites in the activities of state bodies, including witness’s and expert’s oaths used in the legal proceedings of the Russian Empire. At the same time, the author discusses the reasons for the preservation and even expansion of such requirements in the post-Soviet period – they are presumably associated with the neglect of these issues by the authors and developers of the current criminal procedure law. In conclusion, the paper provides arguments that exclude the possibility of a complete restoration of pre-revolutionary guarantees of proper execution of procedural duties by participants in criminal proceedings. Moreover, the practice of using identical oaths is assessed as having a very high preventive potential, at least much greater in comparison with the currently used notice of criminal liability. In this regard, the legislator is invited to think about returning such legal guarantees to the sphere of criminal proceedings, but in a slightly different, purely secular form, i.e. excluding religious focus. At the same time, the author says that it is reasonable to deformalize notice of criminal liability and transfer it to the category of discretionary powers of inquiry officers, investigators, and judges for use at their own discretion for tactical purposes.

Jus strictum. 2025;(3):27-34
pages 27-34 views

The combination of the mandatory and dispositive principles in the legal regulation of contractual relations using the example of a contract for the supply of goods for state and municipal needs

Chuklova E.V., Trifonov V.N.

Abstract

The paper considers theoretical and practical aspects of legal regulation of the contract of supply for state and municipal needs by studying the interaction of dispositive and mandatory rules governing social relations formalized within the contract of this type. The authors analyzed the legal nature and features of regulation of the contract of supply for state and municipal needs and the issues of its conclusion, execution and amendment. The study is caused by the lack of a unified approach in science to determining the legal nature of such a contract and the need to resolve contradictions between the mandatory norms of the Law on the Contract System and the principle of freedom of contract enshrined in the Civil Code of the Russian Federation. It is shown that the contract of supply for state and municipal needs is a complex legal institution combining public and private law elements and is regulated by rules of various industry affiliations. The analysis of regulatory legal acts and judicial practice identified the main problems: restriction of freedom of contract, terminological inconsistencies between essential and mandatory terms, difficulties with changing the terms of the contract, disproportionate liability measures, as well as unjustified refusals of customers to accept the goods. It is proposed to use the mechanism of a substitute judicial act to resolve disputes on the acceptance of goods, and to distinguish between essential and compulsory terms of a contract at the legislative level. It is concluded that the restriction of freedom of contract in the sphere of state and municipal procurement is caused by the priority of protecting public interests; however, a balance is required between mandatory norms and flexibility of legal regulation to improve the efficiency of the contract system.

Jus strictum. 2025;(3):35-41
pages 35-41 views

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