Vol 18, No 1 (2025)

Judicial precedents are court decisions regarding specific cases, which then become the norm for considering similar cases. In world practice, judicial precedents are one of the sources of law. The development of this institution in Russia raises certain questions, but the introduction of the precedent system into the legal proceedings of the Russian Federation has its significant advantages.

In mid-2024, the Minister of Justice of the Russian Federation announced a draft updated version of the law «On Notaries», which aims to expand the Ministry's powers in the field of monitoring the activities of notaries and improving the qualification requirements for notarial activities. Additional clarifications on the planned legislative reforms of notary activity were posted by the Ministry of Justice of the Russian Federation in early 2025, which indicates the relevance of the issue under consideration. According to preliminary forecasts, the final version of the legislative framework for notarial activity will enter into force before the end of 2025. At the same time, the new federal law «On Notaries and Notarial activities in the Russian Federation» should replace the «Fundamentals of the legislation of the Russian Federation on Notaries» in force since 1993, which contain various gaps and conflicts, which causes the problem of effective implementation of the notary function in the context of the state mechanism at the present stage. This article provides an assessment of the dynamics of the development of legislation in the field of notarial activity. A conclusion is drawn about the place of the notary in the mechanism of the Russian state and long-term prospects for the systematization of notary activities in the context of new challenges and threats are given.

The so-called special duties of the police of the Russian Empire are considered, concentrated in Chapter Ten of the Draft Police Charter, prepared by the commission of Senator A. A. Makarov in the period from 1906 to 1917. They cover a very wide range of powers, a certain number of them are not related to the direct functions of the Ministry of Internal Affairs. The author, first of all, presents those duties of police officials that are aimed at: normalization of public order; promotion of peace of the population; preservation of life and health of citizens; protection of personal property of owners; execution of legal acts of the state and its bodies; efficiency of the activities of judicial institutions; ensuring military service. The author tried to combine other tasks of the police into five conditional groups: 1) ensuring the execution of duties; 2) aimed at certifying the rights of citizens; 3) facilitating the organization of the performance of specific work; 4) implementing passport rules; 5) related to customs activities. In conclusion, he gave a classification of duties, not only concentrated in Chapter 10, but also in the entire Draft Police Charter.

The article substantiates the idea of the need for a wider use of the modeling method in the law enforcement sphere. From the point of view of the authors, the theory and methodology of modeling as a management tool allows not only to identify organizational problems accumulated in the law enforcement sphere, but also to determine the necessary measures to eliminate them, optimize the existing model of the law enforcement system. The work reveals a set of negative factors that hinder the effective development of the law enforcement sphere. In particular, the thesis is argued that a traditional model of law enforcement activity has been formed in the country, focused mainly on formal performance indicators and weak interaction with the public. The relevance of the formation of a socially oriented model of the law enforcement system is emphasized as the only source of rehabilitation of the law enforcement sphere and increasing its effectiveness.

Currently, there has been a confusion between the concepts of «training camps», which are carried out in the implementation of legislation on military service, and «training camps», which are held in military training centers at federal state educational organizations of higher education. The purpose of writing this article is to analyze the existing legal conflict, as well as to develop proposals for overcoming it.

Conclusions. As a result of the study, it was established that there is a difference in the concepts of «training fees», the grounds for compensation of an employee’s average earnings during the period of training fees were established, and the features of concluding an employment contract with full-time students were investigated. Proposals for improving the legislation of the Russian Federation on the issues considered are presented.

The subject matter of this article is the relations in the field of education, in the context of the automation and digitalisation of the process of graduate studies in higher education to prepare highly qualified personnel, from the perspective of law, based on a number of Russian regulatory legal acts, including: the 2012 Education Law of December 29, 2012, No. 273-FZ; the 1996 Science and State Science and Technology Policy Law of August 23, 1995, No 127-FZ; the Government Decree No. 30 on Scientific and Pedagogical Staff Training for Postgraduate Studies of November 30, 221; Russian Government Regulation No. 842 on Awarding Scientific Degrees of September 24, 213; Decree of the President of Russia No. 13 on Certain Issues of Improving the Higher Education System of May 12, 334; et al.

The author proceeds from the objective and subjective premises of the world, relying on dialectics during the research as a method of argumentation, a form and way of reflective theoretical thinking, as well as scientific methods of researching private and public law (for example, the comparative legal method), the method of functional analysis, etc. The scientific novelty stems from the purpose of the study.

The author concludes that:

1. The dialectical approach to postgraduate education based on modern information technology is morally, ethically, and pedagogically sound.
2. To implement the aforementioned dialectical approach to graduate education, the development of a draft federal Gantt chart is needed based on artificial intelligence algorithms for all types of graduate work, including its discussion with the scientific community, the Ministry of Education and Science, the Russian Academy of Sciences, and the Higher Attestation Commission to introduce changes and amendments to the draft.
3. Based on the draft adopted as a basis (paragraph 2), in accordance with established procedures, amendments and additions are made to legislative and other acts related to training highly qualified personnel in this area.

Purpose of the study. The article examines the problems of theory and practice associated with cases of domestic violence, identifies the causes and consequences of such a social phenomenon in the sphere of family relations. The author suggests ways to solve the problem of domestic violence, proves its destructive impact not only on the family, but also on society as a whole, substantiates its negative impact on the most vulnerable family members, the post-traumatic consequences of which require the help of specialists.

The article analyses a common type of framework contracts, in which general parameters of future transactions are agreed upon, while their essential terms are left open for further negotiations. The main question is whether such framework contracts have their own legal effect and, if so, what kind of legal effect they have. The author argues that although positive theories often turn out to be unsound, the idea that the agreement in question is completely devoid of legal force cannot be accepted either, as it does not explain its effect enshrined in Clause 2 of Article 429.1 of the Civil Code of the Russian Federation i. e. the formation of a common set of dispositive terms included in local contracts by default. The reason for the described difficulty, as it is argued in the article, is that the standard conceptual apparatus of civil law is not able to adequately describe the essence of the studied agreement. An appeal to the theory of fact-states and a preliminary explanation of the mechanics of the framework contract's action allow to give the phenomenon a proper explanation.

In the article, the author highlights a number of gaps existing in the current criminal procedure legislation in the legal regulation of the production of certain investigative and other procedural actions, in particular, the problem of the procedural registration of the seizure of objects and documents at the stage of pre-investigation inspection; the problem of using explanations received at the stage of pre-investigation inspection as evidence; the problem of the absence of a deadline for the execution of the investigator's instructions on conducting operational search activities; the problem of using the results of operational search activities in proving; the problem of the dispositive nature of the rule on the introduction by the investigator of the idea of eliminating the circumstances contributing to the commission of a crime.

Taking into account the different positions of criminologists, as well as the analysis of law enforcement practice, their own ways of solving these problems are proposed, in particular, it is proposed to amend Part 1 of art. 144 of the Code of Criminal Procedure of the Russian Federation in terms of instructions to draw up a protocol for the seizure of objects and documents when they are seized in accordance with the requirements of art. 164, 166 of the Code of Criminal Procedure of the Russian Federation with presentation to a person, 21 of the Code of Criminal Procedure of the Russian Federation and sending to this person a copy of the protocol of seizure; in Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation, it is proposed to fix the provision on the impossibility of using the explanations of persons obtained during the pre-investigation check as evidence; in paragraph 4 of Part 2 of Article 38 of the Code of Criminal Procedure of the Russian Federation, it is proposed to set a deadline for execution instructions from the investigator to carry out operational search activities within 10 days from the date of receipt of the order, as well as to consolidate the obligation of the bodies or officials carrying out the investigator's instructions, if there are grounds, to inform him in advance about the progress of the execution.

This article examines the impact of CSR on the transformation of crime in the Russian Federation with an emphasis on the emergence of new trends in the criminal law sphere. The crimes that have arisen in the context of the SVO, such as looting, desertion, false reports and cyber attacks, are investigated, as well as an analysis of the recently introduced elements of crimes in the Criminal Code of the Russian Federation. Special attention is paid to crimes committed using information and telecommunication technologies, which have become increasingly significant in recent years. Statistical data on the increase in the number of crimes related to the use of ITT in the period from 2020 to 2022 are presented, with special emphasis on articles of the Criminal Code relating to terrorist and extremist activities. The article emphasizes the importance of analyzing «unpredictable» crime caused by socio-political changes, and suggests directions for further research in this area.

Within the framework of the study, the following goals were achieved:

• an analysis of changes in the structure of crime in the conditions of its;
• New criminal threats related to the military conflict have been identified;
• the effectiveness of the adopted criminal law measures in countering these threats is assessed;
• directions for further research in the field of combating «unpredictable» crime are proposed.

The purpose of the study is to analyze the genesis of international legal responsibility and compare doctrinal approaches to the concept of the institution with the identification of its features and main characteristics at various stages of evolution. The article attempts to identify the features and characteristics of the concept of international legal responsibility in the process of genesis. Conclusions and results: the article traces the evolution of the views of domestic legal scholars on the nature of international legal responsibility. The practical significance of the article lies not only in self-knowledge of the concept of international legal responsibility, but also in ensuring future legal research to understand the current state of the institution of international legal responsibility, its real possibilities of embodiment in international relations at the present time, the role of the institution in maintaining the peaceful existence of the international community.

The paper is devoted to the analysis of the authors' experience in the formation of cognitive and functional competence, including legal literacy (pre-game stage — given task: contextual and practice-oriented task) in the process of studying a non-core discipline «Jurisprudence» (on the topic «Family Law», which at first glance is not intended to form professional competences). The purpose of the role-playing game is: formation and development of legal literacy as one of the components of cognitive competence of students in educational institutions of higher education. As a result of analyzing the content of the material presented in the article, the authors make some conclusions.

In particular: firstly, the evidence of the use in training of all methodological tools of the concept of contextual learning (here — role-playing game), secondly, the conclusion about the need to model learning through quasi-professional activity of students in the whole range of academic disciplines, wherever it is possible, as built on a scientific basis and experience, such a stage of training with the use of active forms in training and teaching significantly reduces the time and other means in the transition from knowledge and on the basis of active forms of training and learning, fourthly, once again emphasizes the importance of increasing the conduct of classes in the form of role-playing games, which favorably «supports, feeds» such management of professional motivation as the activation of professional interest and the development of educational-professional interactions and interpersonal relations, fifth, from the methodological point of view, the role-playing game can be considered as a method of teaching, but from the point of view of legal status — the role-playing game, as a method, has no right to be called so, because the role-playing game in this case, possessing all the features of the object of copyright (the result of creative work and formalized expression in an understandable form), will not become an object of civil legal relations, which will be subject to copyright (part 2 of article 1255 of the Civil Code of the Russian Federation) by virtue of the rules established by part 5 of article 1259 of the Civil Code of the Russian Federation.