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Legal Order and Legal Values

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Vol 3, No 4 (2025)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

9-15 286
Abstract

Introduction. In the present-day scientific discourse, there is a great number of theoretical research focusing on the problem of objectifying the semiotic nature of law and analysing the functional construct of legal semantics. Whereas, many practical legal issues, such as: interpretative ambiguity in the meaning-formation and meaning-application of normative acts, lexical vagueness and contextual dependence of legal notions and the incoherence of legal terminology across different legal systems, remain neglected, which leads to contradictions and inaccuracies in legal practice. The aim of the study is to define the methodological principles fostering establishment of the acceptable scope of semantic interpretation of legal notions in the context of building a legal thinking culture. 

Materials and Methods. The research methodology was based on the principle of jurisprudential definition of legal norm meaning-formation in socio-legal discourse. Analytical, systematizing and pragmatic methods were used to reveal a complex nature of the semantics of law in the context of legal thinking development. The semiotic analysis of the objectivity and normativity of legal notions taking into account the contextual differences of legal definitions, was used as a specialised research method. 

Results. It was established that normative notions are the complex semantic constructs encompassing a conceptual sphere (normativity) and social reality. For building sustainable models of legal behaviour and legal culture, it is necessary to overcome external and internal conflicts in interpretation of law. In this regard, a number of advisory measures were proposed aimed at establishing acceptable scope of semantic interpretation: differentiation between the informational nature of prescriptive and descriptive notions, semantic monitoring of legal phenomena, and implementation of the principle of discourse contextualism, which makes it possible to formulate the normativity of law requirements based on the specific contextual interpretations. 

Discussion and Conclusion. A justified conclusion about possibility of a properly selected semantic toolkit to determine the objectivity of perception of the legal norms and, consequently, to improve the process of building a legal culture was drawn. The main advantage of the principle of discourse contextualism such as conjunction of the semantics and pragmatics of legal notions was identified, which provides a fruitful foundation for further theorizing on the nature and metaphysics of law. 

16-22 306
Abstract

Introduction. Traditionally, the problem of defining the foundations of legal values is studied within the framework of natural law interpretivism and formal epistemology. The epistemic approach asserts the degree of evidence, consistency and truthfulness of the studied concepts and worldviews. However, due to the substantive connection acknowledged between law and morality, there arises the problem of correlating the epistemic and axiological principles within the concept of legal values. The aim of the study is to develop a holistic understanding of epistemic legal values and determine their functional advantages in the legal practices.

Materials and Methods. The article presents a comparative analysis of the attitudes towards the concept of legal values from the point of view of natural-law and positivism. The provisions and arguments demonstrating practical applicability of both approaches were arranged and structured. The analysis of relevant scientific research made it possible to distinguish the hierarchical structure of the concept under study and its components.

Results. The original neutrality of a legal value has been ascertained. Systematization of the arguments in favour of the natural law approach makes it possible to explain the moral basis of the legal values. However, morality cannot be universally applicable due to sociocultural differences. Therefore, the theory of equal unity of axiological and epistemic values of law proves to be untenable. In the frame of legal realism, the theory of axiological values does not contradict the principles of positivism, on condition of adhering to the principle of the supremacy of law, which results in increased significance of the epistemic values aimed at ensuring the efficient legal practices (consistent and predictable), and eliminating bias and discrimination.

Discussion and Conclusion. The epistemic values that affirm the principle of legal objectivity are the functional core of any legal system, whereas an alternative thinking paradigm (the moralizing interpretation) can be considered only as a predictor of the methodological changes in social legal relationships. The definition of the notion of “epistemic legal values” developed by the authors contributes to the expansion of the analytical toolkit of modern science. The results of the study can be implemented into the process of epistemic modeling of legal practices.

PUBLIC LAW (STATE LEGAL) SCIENCES

23-30 283
Abstract

Introduction. The national idea is studied as a milestone for strengthening the national security of Russia in today's settings. The relevance of the study is explained by the increased role of spiritual and moral values and social cohesion in countering complex security threats. Despite the absence of an official ideology in the Russian Constitution, the need of the state in a consolidating ideological benchmark remains. The aim of the present study is to analyse the role and substance of the national idea as the foundation of the national security of the Russian Federation, identify its integrative potential and significance in protecting national interests.

Materials and Methods. The study was based on the analysis of the normative-legal acts of strategic planning (the National Security Strategy, the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values, etc.), constitutional norms, and research works on the problem of the national idea and ideological security. Within the research, the general scientific (analysis, synthesis, and generalization), comparative legal and system analysis methods were used, along with the historical-legal analysis of the national idea concept evolution. 

Results. It has been established that the national idea is an integrating force, consolidating the multi-national people around the traditional and patriotic values, which directly contributes to strengthening the state security. It has been revealed that stipulation of the national idea in the value-targeted state policy guidelines enables a more efficient counteracting the internal and external ideological threats.

Discussion and Conclusion. In today’s Russia, the national idea in fact fulfills the function of the unifying ideology without contradicting the Constitution, and its development is a crucial condition for ensuring national security and sustainable development of the country.

31-38 387
Abstract

Introduction. The adoption of the Executive Order of the President of the Russian Federation No. 809 of November 9, 2022, and Federal Law No. 74-FZ of April 21, 2025 has enshrined the traditional values and marked a new stage in the state policy of the Russian Federation requiring a scholarly legal analysis. In the current context of civilizational upheaval and changing geopolitical realities in the post-Crimean period, there arises an acute need to reconsider identity through the prism of historical continuity, cultural sovereignty and the etatistic model of patriotism. This has fostered a systemic transformation of the value-normative principles of public consciousness towards institutionalizing patriotism, prioritizing national interests and consolidating around the traditional spiritual and moral benchmarks. The aim of the study is to determine the functional role of the current Russian legal system in ensuring the sustainability of the national model of development through the legal structuring of civic identity in the context of geopolitical transformation.

Materials and Methods. The empirical study was based on the regulatory documents of the Russian Federation (the Constitution of the Russian Federation, Federal Laws, Executive Orders of the President of the Russian Federation, departmental regulations, etc.) and scientific publications. The methodology of research included a combination of general and specific scientific methods.

Results. It has been established that the formation of modern Russian identity is driven by a combination of exogenous and endogenous factors: intensification of global geopolitical competition and changes in the international system, as well as the consequences of the socioeconomic and value crises of the 1990s. Traditional values were institutionally enshrined by adoption of the Executive Order of the President of the Russian Federation No. 809 of November 9, 2022 “On Approving the Fundamentals of State Policy for the Preservation and Strengthening of Traditional Russian Spiritual and Moral Values” that had legitimized them as the foundation of state policy consistent with the process of constructing civic identity. The research revealed that modern Russian identity is built within the etatistic model of patriotism that integrates historical memory and cultural traditions. The main outstanding challenges are: maintaining a balance between the inclusive civic and ethnocultural identities, and overcoming post-Soviet value pluralism. The success of civilizational consolidation depends on the ability of the state to integrate diverse elements of political culture into a single system of national meanings. 

Discussion and Conclusion. The theoretical and practical conclusions drawn by the authors can be used for further research into constitutional and legal mechanisms of ensuring a balance between civic, ethnocultural and regional identities within the federal structure of the Russian Federation. The research findings can also be useful in developing criteria and indicators for monitoring the efficiency of legal and public governance decisions aimed at strengthening civic identity and patriotic consciousness.

PRIVATE LAW (CIVIL LAW) SCIENCES

39-46 272
Abstract

Introduction. The principles of law are the milestones of the legal system and are the fundamental benchmarks for the formation, interpretation and application of legal norms. Due to dynamic development of the Russian legislation, complication of socioeconomic relationships and emergence of conflict of law, the need for a thorough understanding of the role of the principles of law in law enforcement practices is growing, especially in the context of their implementation in different branches of law, with each branch having its own features, therefore, requiring precise and harmonized application of principles to achieve justice and balance of interests. The article aims at comprehensive study of the practical application of the principles of Faunal Law, which focuses on preserving biodiversity, ensuring humanistic attitude to animals and rational use of natural resources of the Russian Federation, as well as at revealing problems of legal regulation in this area and formulating proposals for their solution.

Materials and Methods. The research materials included regulatory legal acts, scientific publications and cases from the Russian judicial practices in the field of fauna preservation and use. General and specific scientific methods of cognition were used, including system analysis, comparative legal and dogmatic legal approaches.

Results. The topical problems related to the insufficiency of rules for application of the Faunal Law principles were identified and recommendations for their more efficient implementation to eliminate the conflict of law were given. To ensure the system-based implementation of the principles of Faunal Law in procedural activities and reliable protection of the rights and legitimate interests of the parties to the respective area of legal relationships, the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation appears to be a justified measure. This normative and methodological document should emphasize to the lower courts the mandatory application of the principles of Faunal Law in the administration of justice, and underline direct regulatory and legal significance of these principles.

Discussion and Conclusion. The article focuses on the significance of the principles of law as a basis for the development of efficient legislation, and their influence on the practical implementation of the legal norms in the frame of Faunal Law. The reasoned proposals and recommendations developed by the authors could be advised for future use for improvement of the national legislation, in the part referring to the regulation of fauna preservation and use, taking into account the integration of Faunal Law principles into law enforcement practices.

47-53 404
Abstract

Introduction. The Russian law has developed a system of norms regulating attitudes of humans to animals. Different groups of animals fall under different branches of law. The aim of the article is to analyse the concept of an animal in the Russian law, propose a doctrinal classification of animals by the criterion of applicable legal regime, as well as ascertain the practical significance of animal classification for juridical science and law enforcement practices.

Materials and Methods. The dogmatic-legal and comprehensive methods of analysis of regulatory legal acts, law enforcement practices and doctrinal approaches formed the methodological basis of the work. A legal regulation model of attitudes of humans to animals in today’s Russia was analysed and substantiated.

Results. Three main domains of legal regulation were identified: civil-law regime regulating animals as a special type of property; administrative-law regime regulating domestic, stray, service, and laboratory animals; and ecological regime regulating wild fauna as a component of the environment and an object of state property. It was found that transition of animals from one category to another (from domestic to stray, from wild to captive, etc.) induces conflict of law requiring clarification of legal constructs and approval by the authorities. The practical significance of the proposed classification for the interpretation of legislation, selection of applicable norms, determination of the liable parties, and balancing between private and public (environmental) interests was substantiated. Special attention was paid to legal regulation between branches of law, and to the risk of fragmentation of the legal regime for animals.

Discussion and Conclusion. Based on the study results, the trend towards humanistic attitude to animals could be traced in the Russian law. Directions for further improvement of the legal system in this field should be determined with respect to the diverse social roles of animals in the present-day society.

CRIMINAL LAW SCIENCES

54-62 833
Abstract

Introduction. In a modern rule-of-law state, the principle of legality in criminal court proceedings is a necessary condition driving the whole system of criminal justice. Failure to comply with this principle leads to the decrease of social trust in the judicial system, growing number of judicial errors and violations of civil rights. Criminal Procedure Code of the Russian Federation enshrines the principle of legality as binding for all parties in the process. However, in actual law enforcement practices, numerous deviations from this principle are observed, which requires a comprehensive analysis and development of the mechanisms to improve efficiency of its implementation. The aim of the study is to identify the main problems in adhering to the principle of legality in criminal court proceedings in Russia and to propose improvements to the legislation and law enforcement practices.

Materials and Methods. The research was based on such sources as: provisions of the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation, Proceedings of the Plenums of the Supreme Court of the Russian Federation, and relevant scientific publications. The research methodology encompassed system and comparative legal approaches, dogmatic-logical and normative analysis, and other methods.

Results. The main challenges in implementing the principle of legality in criminal court proceedings were identified. The list of principles stipulated in the Criminal Code of the Russian Federation has proved to be incomplete, for example, the principle of the unavoidability of liability is missing. It was established that contradictions between the provisions of the Criminal Procedure Code of the Russian Federation and other laws cause difficulties in interpreting and applying the norms, whereas, the errors committed by courts and investigators affect the legality of sentences. It was found that the level of professional training of some of the law enforcement officers remains quite low, whereas, the insufficient protection of victims’ rights in the criminal proceedings leads to legal imbalance. To prevent such deviations, the authors propose to implement a set of institutional and legal measures.

Discussion and Conclusion. The problems of implementing the principle of legality do not have exclusively legal nature, but are caused by a number of factors: the quality of legislation, low professionalism of law enforcement officers and the overall legal culture. Failure to comply with the principle of legality at any stage of criminal court proceedings can lead to declaring some evidences inadmissible, the rescission of a judgment, and loss of citizens’ trust in the judicial system. Therefore, improvement of the quality of criminal justice requires both regulatory amendments to certain provisions of law and strengthening professional training of law enforcement officers.

63-71 1175
Abstract

Introduction. In contemporary Russian society, juvenile delinquency is a serious problem requiring increased attention and comprehensive preventive measures. Research shows that even before their first conviction, most juveniles had committed illegal acts that were not detected, which inspired their belief in own impunity and inefficiency of the judicial system. Nowadays, crimes committed by adolescents are acquiring new forms and becoming increasingly violent, thus requiring powerful methods for combating this social evil. The aim of the article is to comprehensively analyse the features and trends of juvenile delinquency in the Russian Federation and formulate key strategies for preventing and stopping this negative phenomenon.

Materials and Methods. The study of juvenile delinquency in Russia was based on the materials published on the official websites of the Ministry of Internal Affairs of the Russian Federation and the Judicial Department of the Supreme Court of the Russian Federation, and was carried out using the general scientific and specific scientific methods.

Results. The data of the Russian Ministry of Internal Affairs were analysed, the conclusions about the level of juvenile criminal activity in the Russian Federation and its structural features were made. The most common crimes committed by adolescents include theft, violence, vehicle theft, etc. Concerning the trends of juvenile delinquency, there increases the number of crimes related to the illegal trafficking of drugs and psychotropic substances. The increasing violence of crimes committed by juveniles should also be noted. Five types of personality were distinguished in juvenile offenders, and a generalized portrait of a juvenile offender was completed. Proposals on improving the efficiency of preventive measures undertaken by the state and society were outlined.

Discussion and Conclusion. The conclusions, proposals and recommendations presented in this paper have theoretical and practical significance and can be used for further research into juvenile delinquency in Russia. 



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