Russian Journal of Legal Studies (Moscow)

Interdisciplinary, scientific and practical journal for a wide range of authors and readers, specialists from various fields of knowledge and branches of law. The main goal of the journal is to unite the views of lawyers representing various branches of law, as well as economists, philosophers, political scientists, sociologists and cultural scientists on general and topical problems of Russian and foreign legal science and practice.

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Vol 13, No 1 (2026)

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Trending topic

Urgent issues of improving counter-extremism doctrinal framework and legal regulation
Kerimov A.D., Krasinsky V.V.
Abstract

The transformation of extremist threats, new sources and advocates, modernized extremist ideology, and changes in the criminal tactics demand updating the counter-extremism doctrinal framework and improving the national counter-extremism system in the Russian Federation. The paper discusses the improvement of the counter-extremism doctrinal framework and legal regulation system. The authors review the counter-extremism concepts and categories and urgent issues, areas, and actions to implement the national counter-extremism policy. The paper proposes to improve the definitions of extremism and counter-extremism and include the signs (criteria) of an extremist organization in the Federal Law On Counteracting Extremism and electoral commissions in the list of entities responsible for counteracting extremism. The changing content, types, and methods of terrorist and extremist activity; new technologies, communications, and weapons; the widespread support of anti-Russian national separatist forces and subversive terrorist movements, and neo-Nazi groups by countries unfriendly to Russia; forced incitement of protest sentiments and extremist manifestations in our country by foreign intelligence services; and the improper classification of some terrorist organizations as extremist by the court highlight the need for ongoing monitoring of strategies and adjustments to the counter-extremism legal regulation system. Updating doctrines and anti-extremist laws is a strategic protection of the Russia’s constitutional order determining the development and operation of the state mechanism, the institution of human and civil rights and freedoms, and other foundations of civil society.

Russian Journal of Legal Studies (Moscow). 2026;13(1):5-14
pages 5-14 views
Provisions on liability for creation and management of terrorist organizations (Articles 205.4, 205.5, and 208 of Criminal Code of the Russian Federation): improvement prospects
Bokov D.K.
Abstract

The paper specifies that the signs of a terrorist association and a terrorist organization under Articles 205.4 and 205.5 of the Criminal Code of the Russian Federation overlap each other and the signs of an illegal military group under Article 208 of the Code. The issue requires a legislative solution; it is required to combine the acts provided by Articles 205.4 and 205.5 in a single element of crime with alternative signs rather than differentiate between the elements of the crimes provided by them. We have all the necessary grounds in this regard as the initial creation of a terrorist association and the management of an already banned terrorist organization represent acts of a comparable public danger. This is true for participation both in a new and already banned terrorist organization; it is impossible to discern the differences in the public danger of participation in these essentially similar terrorist organizations that have been deliberately pulled apart to different articles. The creation of a cell of a banned terrorist organization to commit terrorist crimes is a standard, typical example of managerial terrorist activity. Unfortunately, the deliberate legislative fragmentation of infrastructural terrorist acts of similar nature and danger does not consider their close connection, which inevitably leads to double liability incompatible with the standards of justice. An element of crime with alternative acts based on Article 205.4 of the Criminal Code of the Russian Federation could solve this issue by defining a single regulatory basis for criminal liability for the creation of a terrorist association, its management, and participation in it. This involves the technical exclusion of Article 205.5 from the Criminal Code of the Russian Federation, with the simultaneous transfer of the acts provided by it to Article 205.4. For Article 208, it would be appropriate to refocus it towards criminal prosecution of illegal paramilitary units that copy the functions of military and law enforcement militarized structures (private military companies, armed militias, volunteer patrols, etc.), but do not have any criminal intentions.

Russian Journal of Legal Studies (Moscow). 2026;13(1):15-20
pages 15-20 views
National cultural heritage protection policy in Russian Federation: issues and strategic priorities
Okorokov M.D.
Abstract

The paper examines the Russian cultural heritage protection policy in the context of contemporary socio-economic and managerial transformations. Cultural heritage is considered as a set of tangible and intangible assets that have protection, identification, social, and integration roles. An analysis of international and national regulations and the scientific approaches of national and international researchers demonstrates the development of the understanding of cultural heritage from a protected site to a resource for sustainable development and a national identity factor. The paper focuses on issues of public policy, including segmented legal regulation, insufficient definition of the subject of protection, discrepancy between the scope of protection and capabilities, and the limited performance of national monitoring systems. It is shown that the formal protection system does not always ensure the actual preservation of sites due to the gap between regulatory requirements and their application. The paper substantiates the need for a transition to the management model of cultural heritage protection based on the principles of adapted use, digitalization, and intersectoral communications. It is concluded that the public policy could be effective, provided that there is active participation of the professional community, business, and civil society and the integration of heritage protection into the socio-economic development of territories.

Russian Journal of Legal Studies (Moscow). 2026;13(1):21-27
pages 21-27 views

Theoretical and historical legal sciences

Strategic planning acts as a legal phenomenon
Skorobogatov A.V., Krasnov A.V.
Abstract

The paper presents a comprehensive philosophical and legal study of the legal nature of strategic planning acts, which are considered as special legal acts, or an uncommon source of law. On the one hand, a strategic planning act contains a forecast and plan for the further development of society and the state, i.e. doctrinal provisions, and on the other hand, it is has the form of a regulation. The paper proposes a new concept of a strategic planning act, revealing both the formal legal and the philosophical legal nature of this phenomenon. The subject of regulation of strategic planning acts is unique; it covers relations mediated by different branches of law. These acts contain mainly special standards—principles, purposes, definitions—and descriptions of possible conditions for the development of future relations and ways of solving relevant issues at the legislative level. Regulations are not very common for strategic planning acts and mainly relate to the powers of authorities. The studied acts are entirely determined by policy, including the political elite’s ideas about the paths for the further development of society and the state, and define the future boundaries of lawmaking and law enforcement. This demonstrates their contribution to the social construction of reality as the expected circumstances have consequences, including legal, if they are considered real.

Russian Journal of Legal Studies (Moscow). 2026;13(1):29-38
pages 29-38 views

Public law

Existing and new relationship between tax and civil law
Karaseva M.V.
Abstract

The paper examines existing types of the relationship between tax and civil law. It is emphasized that this relationship is multifaceted and most clearly manifested in the harmonization of tax and civil law. The Constitutional Court of the Russian Federation was the first to indicate this. It is highlighted that the harmonization of these two legal phenomena provides for the full acceptance of private law documents specified in the laws when resolving tax disputes. However, in some cases, the circulation of documents provided by civil law may be restricted for tax purposes. Such restriction should be mandated and based on tax purposes. The existing relationship between tax law and civil law is manifested by the fact that the former may be applied to the latter. This issue is controversial and has not yet been accepted in practice. Recently, a new relationship between tax law and civil law has developed. This relationship allows for amendments to civil law in response to tax law amendments related to the VAT rate. The paper analyzes Resolution No. 41-P of the Constitutional Court of the Russian Federation dated November 25, 2025. It is noted that, for the first time in science, court practice raised the issue of civil law consequences of tax law amendments.

Russian Journal of Legal Studies (Moscow). 2026;13(1):39-45
pages 39-45 views
Legal status of tax agent in Russia
Krasyukov A.V.
Abstract

The paper investigates the legal status of a tax agent in Russian tax laws and case law. The author describes the fundamental rights and obligations of a tax agent and identifies cases where tax sanctions are imposed on the entity. In addition, the paper discusses various approaches to the essence of the legal status of a tax agent developed in the theory of tax law. By analyzing existing perspectives, the author concludes that the tax agent represents the taxpayer and ensures the performance of their primary obligations. The paper provides a detailed analysis of the legal status of a tax agent for payments of indirect taxes using the value added tax as an example. The author concludes that the liability of the parties to the tax obligation to pay indirect taxes does not correspond to their legal status. The paper also reveals the special aspects of the legal status of a tax agent who uses the automated simplified taxation system. Based on a study of established judicial approaches enshrined in legislation, the author concludes that the existing tax liability of tax agents should be improved.

Russian Journal of Legal Studies (Moscow). 2026;13(1):47-54
pages 47-54 views
Differentiation of financial and legal regulation of recognition of bad debts
Denisov I.Y.
Abstract

Today, financial and legal regulation of recognizing bad debts is actively developing. The range of social relations that constitute the institution of bad debts is very wide. Legislators are actively expanding and clarifying the grounds for assigning the status of bad debt to debts to the budget. These facts indicate the need for a detailed research of the content of financial and legal rules of the bad debt institution. The paper analyzes the mechanisms for recognizing outstanding payments to the budget of the Russian Federation as bad debts. The general provisions on bad debt recognition are set out in the Tax Code of the Russian Federation, the Budget Code of the Russian Federation, Federal Law No. 125-FZ On Compulsory Social Insurance of Industrial Accidents and Occupational Diseases, dated July 24, 1998, and Federal Law No. 289-FZ On Customs Regulation in the Russian Federation and Amendments to Individual Laws of the Russian Federation, dated August 3, 2018. The author uses the comparative legal analysis to identify common features of and differences in the legal regulation of bad debt recognition. The paper proposes initiatives to improve and systematize the financial and legal rules of the bad debt institution.

Russian Journal of Legal Studies (Moscow). 2026;13(1):55-62
pages 55-62 views

Private law

Court as mediator during preparation of case for trial
Shemeneva O.N.
Abstract

The paper analyzes the court’s authority aimed at solving the issue of mediation at the stage of preparing a case for trial. The author notes that the list of actions that a judge can take to solve it is rather limited. These actions are reduced to explaining to the parties their right for mediation and a settlement agreement; the essence and advantages of mediation, and the mediation formalization procedure, including its consequences. The paper supports and further substantiates the opinion that, should the attempted mediation fail, the judge, who will hear the case, cannot be a mediator. However, the author argues that the impossibility of combining the roles of the court and the mediator refers only to the substantive law aspects of the dispute and it is entirely acceptable to resolve controversies and/or determine that there are no procedural controversies. In the premises, the paper proposes the basic principles of a court-led mediation procedure aimed at determining indisputable facts of civil cases and some other measures aimed at solving the issue of mediation by the court at the stage of preparing a case for trial.

Russian Journal of Legal Studies (Moscow). 2026;13(1):63-68
pages 63-68 views
Stepfather (stepmother) or actual caregiver: conflict of interests in legal parenting relations
Grineva A.V.
Abstract

The paper provides a theoretical and legal analysis of the family law status of a stepfather and stepmother in the contemporary family law system and analyzes the applicable laws and law enforcement practice to identify the family law status of a stepfather (stepmother), including in the context of parental rights and responsibilities related to a stepson (stepdaughter). The author focuses on the fundamental distinction between the legal status of parents and persons in indirect parental relations (stepfather, stepmother, and actual caregiver). The paper proves the existence of a special type of legal relationship related to parental relations, which, despite the actual parenting, does not replace parental rights and responsibilities. The paper provides evidence that a stepfather (stepmother) does not have independent legal liability for the improper parenting and sustaining of the child, emphasizing the exclusive nature of parental status. It analyzes the conditions for the creation and termination of legal relationship involving a stepfather (stepmother), including in the context of marital relations. The author concludes that there is a need to improve laws by clearly regulating the legal status of persons involved in parenting to eliminate legal conflicts and ensure a balance of interests of all subjects of family law relations.

Russian Journal of Legal Studies (Moscow). 2026;13(1):69-74
pages 69-74 views

Рецензии

Analytical report on ideology of state and civil service (Possibility, Necessity, and Realities of Historical Choice) by doctor of sciences in sociology, professor E.V. Okhotsky: a review
Grishin V.V.
Abstract

In the review of the analytical report on the ideology of state and civil service (possibility, necessity, and realities of historical choice) by Doctor of Sciences in Sociology, Professor E.V. Okhotsky, the author indicates the deep relevance of the studied topic to research and practice and generally describes the presented work as a systemic empirical analysis of the issue of ideology and ideological activity of the modern state. The author emphasizes the comprehensive nature of the study, which seamlessly reflects various aspects of ideology as a social phenomenon, including state (official) ideology, and notes that the development of an ideological concept should be considered the most important task of modern Russia as it is determined by the urgent needs of Russian reality and is one of the main conditions for the successful political and socio-economic development of our nation in the context of crisis, Western sanctions, and Russophobia.

Russian Journal of Legal Studies (Moscow). 2026;13(1):75-78
pages 75-78 views