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Vol 12, No 1 (2025)

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Trending topic

Concept of an ethic state

Kerimov A.J.

Abstract

А clear global and national trend to reject Western, liberal and globalist axiological attitudes—postmodernist views per se—and return to traditional national spiritual values. The author continues the discussion unfolded in scientific journals around those social, philosophic, political, and legal fundamental problems carefully analyzed by Baburin in The Ethic State: A Russian View of the Values of Constitutionalism. Kerimov discusses some issues that are of crucial importance to humanity, including the a priori ethic and/or immoral state; the original depravity of capitalism, which is especially evident at the contemporary stage of its evolution; and the inevitable death of the bourgeois system. The purpose of this article is to contribute to further development of the ethic state concept. We observe significant shifts in values and consumption patterns associated with the increased cultural intelligence in the 20th and 21st centuries. People realize that the quality of life depends on spiritual depth; they strive to bring more meaning to their everyday life. A new type of Homo sapiens focuses on the social element of labor, and is committed to for self-actualization and occupational satisfaction. Most money earned is spent on spiritual needs (intellectual, ethic, religious, aesthetic, and emotional), e.g., books, masterclasses, theaters, museums, etc. The author concludes that it is possible to overcome the bourgeois system in Russia without bloodshed and that the new emerging post-economic personality plays an extremely important role in this process.

Russian Journal of Legal Studies (Moscow). 2025;12(1):7-18
pages 7-18 views

Development of emotion management skills of judicial system employees as a prerequisite to effective performance

Klepikov S.N.

Abstract

The article substantiates the need for judicial system employees to develop emotional intelligence as a component of their soft skills and a prerequisite to deliver high standards in their professional activity. Regrettably, we have neither special training programs for the systematic emotional intelligence development nor special counseling services that would help judicial system employees to recognize their emotions and correctly perceive the emotions of others at workplace. Concepts such as to analyze the emotional intelligence concept and its components based on the knowledge and skills that all employees of the Russian judicial system must have. In this regard, the article proposes various emotion management methods. Emotional intelligence is the ability of a person to recognize and correctly interpret the emotions of other people, understand their intentions and causes of their actions, understand his/her own emotions and desires, and be able to manage them. Developing emotional intelligence would help judges and court staff to cope with emotional stress, reduce the risk of occupational burnout, and would also help to maintain their mental health. Every judge must be aware of his or her emotions to remain impartial and unbiased in the judicial decision-making process. They can achieve this through the development of emotional awareness, self-regulation, and self-control, including various physical and mental approaches and methods. Physical methods provide for managing emotions at the muscular level; whereas mental methods, in turn, are associated with managing emotions by changing one’s thoughts.

Russian Journal of Legal Studies (Moscow). 2025;12(1):19-26
pages 19-26 views

Resocialization of convicts based on individual predictions using information technologies

Mukanov M.R., Biekenov N.A., Brimzhanova S.S., Kozhakhmet A.S.

Abstract

BACKGROUND: One area of legal policy development in Kazakhstan is the digital transformation of execution of punishments in correctional institutions with its analysis based on various criteria. In this case, a key performance criteria of such institutions is the effective preparation of convicts for release and correction of their social behavior for successful adaptation in society. In this regard, we suggest that information technologies are relevant for resocialization of convicts, especially those aimed at individual prediction of unlawful behavior.

AIM: The study aims to investigate resocialization of convicts based on individual predictions using information technologies.

MATERIALS AND METHODS: The study uses dialectical understanding of resocialization of convicts based on individual predictions using information technologies. SWOT analysis was used to determine the feasibility of such technology as chipping.

RESULTS: Digital transformation of the penal system focuses on the integration and adaptation of existing information technologies and their key indicators for forecasting in correctional institutions. In particular, such technology as chipping of convicts is worthy of attention as it can be helpful in resocialization of convicts. Analysis of the data from the chip allows to determine the factors influencing the behavior of convicts and to develop individual rehabilitation programs.

DISCUSSION: Individual behavior prediction of convicts using microchips implies that microchips implanted in a person’s body can collect various data related to his or her mental state, brain activity, emotional reactions, and other parameters. The data is transferred to the database and analyzed to develop an individual behavior profile of the convict. It is obvious that, in order to accurately predict the behavior of convicts, it is required to cooperate with both technical experts and persons involved in crime forecasting. Therefore, it is important to conduct a comprehensive study of deviant behavior among convicts to be used in both conventional prediction methods and the state-of-the-art information technologies.

CONCLUSION: Microchipping as a tool to predict the behavior of convicts is a controversial topic and its use shall be carefully considered in the context of legal and ethical standards. However, the use of digital technologies for individual prediction of the behavior of convicts is a key to improving the resocialization process.

Russian Journal of Legal Studies (Moscow). 2025;12(1):27-33
pages 27-33 views

Theoretical and historical legal sciences

Principles of digital adoption to improve the operations of the Russian state and society

Zavyalova I.S.

Abstract

For several years now, the Russian Federation has been engaged in large-scale digital adoption in all state and social operations. According to competent experts, this process has an obviously positive impact on the national development. However, it is worth noting that some results of this process do not always meet expectations nor are they beneficial to the state, society, and the individual. The current situation necessitates scientific research aimed at determining the causes and conditions, which reduce the quality of digital adoption. Elimination of such causes and conditions in the future will allow the studied process to be successful. To analyze some intermediate impact of digital technologies on the operations of the Russian state, society at large, and individuals. To identify positive experience and negative impact. To determine possible causes of negative impact of digital adoption and digital transformation in some areas. If there are no clear basic principles (certain rules or fundamental principles) of digital adoption in a particular area, we cannot predict the risks and negative impact of this process at its early stages, which reduces the quality and performance of the digital processes launched in Russia. In the premises, there is a need to develop basic (general) principles for operations relevant to digital adoption in various areas of the Russian state and society.

Russian Journal of Legal Studies (Moscow). 2025;12(1):35-40
pages 35-40 views

Public law

Certain types of protection applied by the public prosecutor in court in relation to the rights and legitimate interests of children from families in a socially dangerous situation

Sencheva T.S.

Abstract

This article emphasizes on key aspects of supervision by the public prosecutor in relation to enforcement of law aimed at protecting the rights of minors. The author provides relevant examples of defects in operations by public prosecutors related to protection of the rights of minors in court and points to the fact that there are no algorithms for determining the amount of compensation for emotional pain and suffering paid to minors. In the article, the author analyzes the state of law and supervision by the public prosecutor of the rights and interests of minors from families in a socially dangerous situation. Based on the study, the author makes special proposals to be used in the context of current state of rule-making in this area. The author proposes to develop common universal guidelines on compensation for emotional pain and suffering paid to minors. In addition, it is proposed to develop legal provisions on compensation for emotional pain and suffering paid to children of parents deprived of parental rights and in case of canceled adoption.

Russian Journal of Legal Studies (Moscow). 2025;12(1):41-46
pages 41-46 views

Private law

Legal findings of the court in view of the principle of procedural economy

Shemeneva O.N.

Abstract

In recent years, judicial practice has showed a trend when a person files an action to establish legally valid facts by way of litigation. These mainly include cases related to acknowledgment of paternity, to paternity, and to proof of kinship. The ongoing setting does not correspond to fundamental abstract concepts of the types of civil proceedings and is extremely uneconomical as it leads to a more complex procedure for considering and resolving undisputed cases. To analyze the causes of the current situation and understand the actual theoretical and practical prerequisites to the need to complicate the procedure for establishing legally valid facts by the court associated with the subsequent implementation of substantive rights on an out-of-court basis. The author concludes that the practice of establishing legally valid facts by litigation has developed under an invalid Resolution of the Plenum of the Supreme Court of the USSR. It contradicts conventional division of civil proceedings into types, contemporary procedural law, and the applicable Resolution of the Plenum of the Supreme Court of the Russian Federation related to one category of studied cases. It does not comply with the principle of procedural economy as it increases the burden on the courts, significantly increases the legal costs of interested parties, and distorts the rules of jurisdiction. This practice also contradicts the latest trends in the development of procedural law aimed at simplifying and accelerating the consideration of simple and undisputed civil cases by the courts and, therefore, needs to be changed.

Russian Journal of Legal Studies (Moscow). 2025;12(1):47-52
pages 47-52 views

Contemporary issues of legal regulation of family business and its role in the national economic security

Galushko D.V., Mamedov R.V., Toshmatova A.N.

Abstract

Economic security is a fundamental component of national security ensuring the protection of the national and individual economic interests. The state is a coordinator of economic security that shall create favorable conditions for business development and socio-economic growth. Family business as a type of small and medium business makes a significant contribution to the development of the national economy and its sustainability. However, its effective operations require a dialog between government and business and eliminating defects in their communication systems. Considered the legal and economic aspects of family business development as a key element of the economic security of Russia and to develop proposals to improve state regulation and support for this type of business based on its special attributes, including legal, tax, and social aspects. The state shall regulate and incentivize small and medium businesses, including family-owned ones. Family businesses need additional legal regulation to enable legal business development, as well as incentives and tax benefits provided by the state. Legal regulation of family business shall consider special attributes of this type of activity based on family relationships and business inheritance. Simplifying employment processes, reducing tax obligations and providing tax benefits will contribute to the development of family business and strengthening Russia’s economic security.

Russian Journal of Legal Studies (Moscow). 2025;12(1):53-61
pages 53-61 views

Problematic aspects of calculating the period for filing claims in dismissal disputes

Babaeva O.N.

Abstract

The issue of calculating the period for filing a court claim on dismissal disputes, i.e. one month under Article 392 of the Labor Code of the Russian Federation, has been repeatedly examined by legal experts and unambiguously interpreted by the Supreme Court of the Russian Federation. However, in law enforcement practice, it still remains a most pressing issue that causes disputes between the parties to the employment agreement and contradictions in court judgments of various levels. The author examines the problematic issue mainly by logically analyzing the relationship between elements of the provision of law (assumption, disposition, and sanction) using the if-then-else logic; determines such specific attributes as consistency, formal certainty, and representative and binding nature by identifying the problems that law enforcement officers may encounter, and proposes solutions. The author suggests that it is required to amend Article 392 of the Labor Code of the Russian Federation by adding an alternative method of obtaining employment-related information directly by the employee when exercising the right to file a claim in a dismissal dispute (to represent an action as a right rather than an obligation) based on the principles of reasonableness and good faith of both parties to the employment agreement so that the employee could seek remedy in relation to violation of his or her right as soon as reasonably possible.

Russian Journal of Legal Studies (Moscow). 2025;12(1):63-68
pages 63-68 views

International law

International working groups as a promising type of international cooperation to achieve long-term sustainable results

Plokhov S.V.

Abstract

In the context of globalization and high cross-border crime rates, the need for effective international cooperation of law enforcement agencies is only increasing. A promising type of such cooperation is the international working groups. They provide a higher level of management, exchange of intelligence, and joint action planning, which contributes to enhanced rule of law and international security. To study the best practices for establishing and managing international working groups involving the Prosecutor General’s Office of the Russian Federation and foreign competent authorities and for identifying their advantages and development prospects. The paper reviews specific examples of interactions with the Republic of Belarus, Iran, Iraq, Mongolia, and Uzbekistan; their development, areas of activity, and results. International working groups help to significantly increase the performance of anti-crime activities, prevent offenses, and improve the exchange of experience and intelligence between countries. Unlike cooperation programs and plans, this interaction format is sustainable and regular and provides for personal involvement of participants making it more effective. The article argues that international working groups are a promising tool of international cooperation contributing to enhanced rule of law and international security. The study is of interest to experts in international law, supervision by the public prosecutor, and international cooperation.

Russian Journal of Legal Studies (Moscow). 2025;12(1):69-74
pages 69-74 views