Preview

Legal Order and Legal Values

Advanced search

“Legal Order and Legal Values“ - a scientific and practical peer-reviewed journal - is created to inform the readership about the latest achievements, topical issues and prospects in the field of jurisprudence. The publication is aimed at the development of cooperation between Russian and foreign scientists within the framework of the world scientific and information space.

 

Priority scientific directions in the field of jurisprudence, according to which scientific articles of the authors are accepted for publication:

  • theoretical-historical legal sciences;
  • public-law (state-law) sciences;
  • private-law (civilistic) sciences;
  • criminal law sciences;
  • international legal sciences.

All articles are published in Russian and English and are subject to peer review.

The editorial policy of the journal in its work is based on traditional ethical principles of Russian scientific periodicals, supports the code of ethics of scientific publications formulated by the Committee on Ethics of Scientific Publications (Russia, Moscow), observes ethical norms of work of editors and publishers, enshrined in the Code of Conduct and Best Practice Guidelines for Journal Editors, Сode of Conduct for Journal Publishers, developed by the Committee on Publication Ethics (COPE).

The journal is addressed to those who develop strategic directions for the development of modern science: scientists, graduate students, teachers-practitioners.

About the journal

The journal Legal Order and Legal Values“ was registered by the Federal Service for Supervision of Communications, Information Technologies and Mass Media on September 16, 2022 (extract from the register of registered media outlets Эл № ФС 77-83924 — online edition).

All articles of the journal have a DOI index registered in the CrossRef system.

Founder and publisher: Federal State Budgetary Educational Institution of Higher Education “Don State Technical University”, Rostov-on-Don, Russian Federation, https://donstu.ru/

eISSN (online) 2949-1843

Year of the journal's founding: 2022.

Periodicity: 4 issues per year (March 30, June 30, September 30, December 30).

Distribution: Russian Federation.

The journal Legal Order and Legal Values“ accepts for publication: original, review articles, studies that have not been previously published.

Web site: https://www.lawandorder-donstu.ru

Editor-in-Chief: Yulia I. Isakova, Dr.Sci. (Sociology), Cand.Sci. (Law), Associate Professor, Dean of the Law Faculty, Don State Technical University (Rostov-on-Don, Russia). 

Language: Russian.

Key features: indexing, peer review.

Licensing History: The Journal uses the International License Creative Commons Attribution 4.0 (CC BY).

Current issue

Vol 4, No 1 (2026)
View or download the full issue PDF (Russian)

THEORETICAL AND HISTORICAL LEGAL SCIENCES

9-19 74
Abstract

Introduction. The relevance of the research lies in the introduction into the academic discourse of the new historical and legal sources that elucidate formation of the juridical approaches of the Soviet government in relation to “former people”. It is envisaged to investigate the existing scientific problem of the history of development of the judicial and legal system in the Don region in the 1920s on the example of a definite case of V.V. Makeev. In the context of contemporary research, studying the possibility of Class Theory influence on the Soviet justice is important. Political bias in the Soviet court proceedings of the 1920s remains an issue that needs further research. The aim of the present study is to analyse the unpublished archival documents and identify the specific features of conducting the political trial over V.V. Makeev, which took place in Rostov-on-Don on December 28 – 31, 1925.
Materials and Methods. The research sources included the archival documents stored at the Center for Documentation of Contemporary History of the Rostov Region (ЦДНИРО/TsDNIRO), and various legal acts governing the criminal procedural relationships in the USSR in the 1920s. General scientific and specific scientific methods were used in the research, including comparative historical, historical legal, legalistic (dogmatic legal), and content analysis methods.
Results. The article has conceptualised implementation of Class Theory in law. The influence of the Marxist ideas on the criminal court proceedings of the studied period has been revealed. The trial over V.V. Makeev, which took place in Rostov-on-Don on December 28 – 31, 1925, has been analysed and assessed with regard to the acting legal regulation of that time, and the influence of political ideology on the judicial system. It has been established that the trial over V.V. Makeev was dedicated to the 20th anniversary of the armed insurrection of workers of December 1905 in Rostovon-Don, and was political in nature. The prosecutor and the social accuser treated Makeev as a class enemy, therefore were guided not by the legal norms when demanding the death penalty for the accused. It was only due to the efforts of the lawyer M.A. Ashman that the court eventually sentenced the accused to five years of imprisonment.
Discussion and Conclusion. The present study is important for the Russian juridical science, as it expands an understanding of the USSR history of state and law through introduction into the academic discourse of the new cases. It focuses on the features of the trial conducted in the 1920s. The results obtained can serve a starting point for the research into the attitude of the Soviet justice towards “former people”. The present study provides an opportunity to investigate the execution of the presumption of guilt in the frame of application of Class Theory approach to court proceedings.

PRIVATE LAW (CIVIL LAW) SCIENCES

20-32 78
Abstract

Introduction. Nowadays, in the context of growing anthropogenic impact on the environment and emergence of the new global ecological challenges, the problem of compensation for environmental damage has become particularly relevant. Traditionally, environmental damage is understood as a negative change in the environment, resulting in the degradation of natural ecosystems and depletion of natural resources. The consequences of such damage are often deferred and difficult to predict, moreover, a significant amount of state budget is spent on elimination thereof. All the above indicates the inefficiency of the existing mechanisms of civil liability for environmental damage and fosters the search for the new legal solutions. In the 21st century, new ecological threats including global climate change and technological innovations have arisen in addition to the traditional ones, and have become a new challenge for the legal institution of environmental damage compensation. The aim of the article is to analyse the current problems pertaining to the compensation for damage caused by environmental torts, including new risks such as climate harms and threats induced by nanotechnologies, and to formulate proposals on improvement of the environmental and civil legislation of the Russian Federation.
Materials and Methods. The research was conducted using the dialectical and systemic methods, the method of comparative analysis, normative and legal analysis, and the logical method.
Results. It was established that development of legal regulation on environmental damage compensation in Russia and the EU is going in a comparable way. The following problems still persistent for Russia can be listed: the procedure of compensation for the environmental damage (in kind or monetary form), distinction between eligible and unlawful environmental damage, elimination of the accumulated environmental damage, and other issues. New threats in the scope of environmental damage compensation are related to the climate change and implementation of the high technologies (in particular, nanotechnologies). In Russia, the legal mechanism of compensation for damage caused by the new threats is in the beginning of its formation, therefore, the authors propose a number of particular measures to improve the legislation: e.g., adoption of a special Federal Law “On Compensation for Environmental Damage”, which could consolidate fragmented provisions of the Environmental and Civil Laws and take into account the new realities related to the climate change and nanotechnologies.
Discussion and Conclusion. The analysis has revealed that in recent decades the concept of environmental damage has expanded significantly: the international community, including Russia, has transferred from the localized perception of threats to the awareness of emergence of the planetary threats, therefore traditional liability mechanisms have to be adapted to the new scientific and technological progress realities. The world leading legal systems have developed a number of valuable approaches to handling the environmental torts that can also be of interest to the Russian law. Through the adoption of the special directives and laws, they develop the “polluter pays” principle, introduce the mandatory restoration of the environment at the expense of the harm-doer, envisage financial guarantees in the event of harm-doer’s insolvency, and develop the judicial practices.

33-42 78
Abstract

Introduction. Legal regulation of the multimodal transportation in Russia is actively evolving. The Federal Law No. 288FZ of August 8, 2024 “On Direct Multimodal Transportation and Amendments to Certain Legal Acts of the Russian Federation” has entered into force in September 2025, however, its provisions have been significantly revised compared to the original draft, thus, require scholarly understanding and analysis. The present paper studies the features of the modern approach to legal regulation of multimodal transportation as a special type of logistics. The aim of the study is to provide a scholarly understanding of the theoretical and practical aspects of legal regulation of the multimodal transportation as a special type of logistics.
Materials and Methods. The methodology of the study was based on a number of general scientific and specific scientific methods of cognition, whereas the juridical practice analysis method was a predominant one.
Results. The study of the legal substance of the transportation involving multiple modes of transport (by at least two carriers) revealed the terminological ambiguity resulting from the lack of consensus on the technology of the process itself. The features of organising such a transportation as a special type of logistics requiring legal regulation were substantiated. A combination of three integral factors of the multimodal transportation, i.e. physical, teleological, and legal, was ascertained to be a feature distinguishing it from other modes and types of transportation.
Discussion and Conclusion. Multimodality refers to the economic rather than legal features of this type of transportation. Multimodal transportation has both positive and negative economic features. By using the legal means, it is possible to validate and ensure positive features of multimodal transportation, and minimize the negative ones to the extent envisaged by the substance of the legal means proper. Therefore, the conclusion is made by the author about the need to ensure optimal use of material, organisational, transport, and time resources within the multimodal transportation. The legal norms should incorporate the objectives, features, and constraints of this type of transport logistics process, which should be taken into account in law-making practices.

43-49 78
Abstract

Introduction. Studying legal significance of the auctions as a key mechanism for the alienation of land plots is a particularly relevant objective, as this legal institution ensures implementation of the principles of equality, competition, and economic efficiency of the real estate title transfer, which directly affects the stability of civil transactions and protects the interests of both public law entities and private persons. The legal framework regulating land alienation auctions is a complex system consisting of the interrelated provisions of the Civil and Land Codes of the Russian Federation and pertinent Federal laws and regulations, therefore, the system analysis approach should be used to study its law enforcement practices and identify the issues of conflict of laws. The aim of the article is to conduct a comprehensive study of the legal framework regulating the auctions on alienation of land plots in the Russian Federation.
Materials and Methods. The materials under the study included the regulatory legal acts of the Russian Federation, court case materials, and statistical data on the land auctions conducted. Dogmatic legal and comparative legal methods of analysis were used, as well as the content analysis of the scientific publications and court case materials, and other methods.
Results. The significant conflicts of laws between the general provisions of the Civil Code of the Russian Federation referring to the auctions and the specific norms of the Land Code of the Russian Federation have been identified, which leads to the ambiguity in the enforcement practices and increases the risk of disputing the auction results in court. The analysis of court cases has revealed the aspects of greatest concern in the auction procedure: unclear criteria for selecting the participants, controversial approaches to determining the starting price of a plot based on the cadastral or market value, and ambiguous legal consequences of sole-source bidding. This justifies the need to standardize the procedural requirements and clarify the grounds for recognizing an auction as valid or invalid. To improve the legal framework, the following proposals have been formulated: stipulation of a uniform procedure for calculating the starting price, with mandatory involvement of the independent assessors; detailed specification of bidders’ requirements depending on the land category features; mandatory implementation of the pre-trial dispute settlement procedures related to denial to participate in bidding, etc. This will improve the transparency of land plot alienation procedures and ensure the balance of interests of all the participants.
Discussion and Conclusion. Legal regulation of land plot alienation auctions is characterized by the significant cross-sectoral specificity and availability of conflicts between the provisions of Civil and Land Codes of the Russian Federation, which negatively affects the stability of land transactions and impairs protection of the rights of the parties to the legal relationships. Law improvement should focus on standardizing the starting price calculation methods, specifying participants’ requirements, mandatory implementation of the pre-trial dispute settlement procedures, and improving control over the work of electronic platforms. Digitalization of the procedure deserves particular attention: on the one hand, it improves the transparency and accessibility of the procedure, on the other hand, creates new risks related to technical issues, cyber fraud, etc.

CRIMINAL LAW SCIENCES

50-56 62
Abstract

Introduction. Health is a fundamental human value, ensuring possibility of a human to exercise his personal rights and freedoms and creating conditions for his harmonious development. In this context, the state legal policy of the Russian Federation is targeted at providing a comprehensive protection of peoples’ health. Health of a person is an object of particular protection under the Criminal Law of the Russian Federation; however, crimes that infringe on the physical and mental well-being of citizens have the major share in the number of violent crimes in the country. The article aims to study the concept and legal nature of the category “health” as an object of protection under the Criminal Law.
Materials and Methods. The study was conducted 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, using general and specific scientific methods.
Results. A comprehensive analysis of crimes against health committed in the Russian Federation was conducted, the topical issues in qualifying crimes against health were studied. It was ascertained that, although, protection of health of a person is claimed a priority in the law, in practice, this objective is often inefficiently fulfilled due to the numerous reasons. Inefficient mechanism of damage compensation to the aggrieved citizens is among the significant shortcomings. It was established that these problems stem from the lack of a holistic approach to protection of peoples’ health in the Criminal Law.
Discussion and Conclusion. The study revealed significant shortcomings in the Criminal Law with regard to health protection policy of Russian citizens. Assessment of grievousness of bodily harm should base not so much on duration of the incapacity to work period or the length of treatment of a person aggrieved, but rather on the objective duration of impairment of the bodily functions. Further research in this field is required.

57-65 92
Abstract

Introduction. At present, legal definition of the “environmental crime” is missing both in the Environmental and Criminal Laws of the Russian Federation, which, in turn, contributes to the non-uniformity of sentences passed within criminal cases of the category under study. Despite the comprehensive regulation of the social relations in this field and an active role of the Supreme Court of the Russian Federation in legal enforcement, there still remains ambiguity in practical application, which explains the relevance of the present study. There are problems in determining the damage caused by environmental crimes due to the evaluative nature of the categories used in legislation. There are also difficulties in establishing a causation between the action and its socially dangerous consequences due to the possibility of negative environmental impacts to have the so-called “deferred consequences”. The study aims to investigate the problems existing in Russia with regard to qualification of crimes against nature and to substantiate the need for providing a clear definition of the concepts of the “subject” and “object” of the environmental crimes.
Materials and Methods. The study was conducted using both general scientific methods (analysis and synthesis, dialectical method) and specific legal methods, including dogmatic-logical, historical-legal, and synergetic methods. Law enforcement practices were studied and generalized, and statistical data were analysed.
Results. The need for a clear definition of the concepts of the “subject” and “object” of the environmental crime in the Russian law has been substantiated. The concept of the “environmental crime” has been formulated based on the analysis of viewpoints of the scholars conducting research in this field. The possibility of classifying environmental crimes by the subject and object of the crime has been substantiated. The difficulties in distinguishing between the criminally punitive negative impacts on the environment and administrative offenses of this type have been revealed. The evaluative nature of socially dangerous consequences and problems in establishing a causation between the harm caused and the ensuing consequences have been acknowledged.
Discussion and Conclusion. Currently existing in Russia court practices in the field of environmental crimes clearly demonstrate deep systemic problems in qualification of offenses. The situation gets much complicated due to the active application in legislation of the evaluative categories, which lack strict quantitative parameters in description of the socially dangerous consequences. Such an approach inevitably entails non-uniformity in the practice of criminal prosecution, making it extremely controversial even within the cases with similar circumstances. Furthermore, efficient administration of justice is hindered significantly due to the difficulties in establishing a direct causation between the committed action and the resulting outcome. The present study is valuable for further research and for improvement of the legislation and law enforcement in the Russian Federation.



Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.