PRIVATE LAW SCIENCES
Unlike civil and energy law, the objects of ecological law can be the nature and its components in general (land, subsoil, water, air, wildlife, etc.), in particular, in governmental and environmental (on the nature protection in general) legal relations on the state regulation. In this regard, their use in the Civil Code of the Russian Federation, including in the titles and provisions of a number of articles, is not justified. At the same time, different parts of nature that have spatial-territorial or other conditional boundaries (limits) and can be separated (legally defined) from its other adjacent parts due to their identification features (a land plot, forest plot, water area, subsoil plot, individual animal, etc.), are not only objects of ecological, but also civil and energy law in property relations arising in relation to such objects and usually related to the use of a part of the nature within established boundaries. As a general rule, such relations are subject to regulation by civil legislation in the sphere of property transactions, as well as energy legislation, if necessary, unless otherwise expressly provided for by environmental legislation.
Even in Roman law, the possibility of alienation of a co-owner’s share (subject to the preemptive right of purchase) was provided. This method of guaranteeing the interests of a co-owner has been preserved in European legal systems; and was also present in Russian law, although a single legal mechanism was legislatively enshrined only in the Soviet period, from where it was borrowed by modern Russian law. With regard to another full absolute right – exclusive – “share” determines the size of claims to income and compensation for violation, and is not currently an object of circulation. This prevents the involvement of the results of intellectual activity in circulation and investment in their development. The bill currently being considered in the State Duma will not solve the problems in this area.
This article examines the concept of Islamic banking and the content of this category, and presents the positions of various scientists on this issue. The basic principles of Islamic banking and their characteristics are also noted. In conclusion, it is concluded that, in general, Islamic banking appears to us as a system that performs the functionality of banking, which corresponds to the spirit, ethics and value system of Islam and is guided by the principles established by the Islamic Sharia, namely, the prohibition of riba, despite the fact that riba is not an action at all — riba is an event that represents a creditor receiving from the debtor of a disproportionately large amount as a counter-provision fora certain asset; limitation (but not prohibition) of the loan. Garar is a risk or uncertainty associated with insufficient awareness, jahl, regarding the existence of exchanged mutual values, or jahl regarding the characteristics of exchanged mutual values, their type, quantity, or the date of future execution, if any, or jahl regarding the behavior of the parties in the transaction; the prohibition of Maisir, where maisir is a gambling a game, a bet, etc., that is, a situation where the increase in property of one of the parties to the transaction exclusively occurs by chance.
This article considers the ways of storing and transferring digital currency in order to determine when the rights to digital currency arise. In order to comprehensively consider the issue, attention is also paid to the essence of digital currency. As a result of the study it is concluded that it is necessary to recognise digital currency as property at the legislative level. The study identifies custodial and non-custodial ways of holding digital currency. The main ways of transferring digital currency within the framework of Blockchain technology are also identified, namely: transferring digital currency by giving an order and its processing by communication nodes (direct transfer); transferring digital currency by transferring a private key to the wallet; transferring digital currency by transferring within the loop of the custodial wallet operator’s platform. The variants of determining the moment when the rights to digital currency arise within each of the above methods of transferring digital currency are proposed. The law enforcement practice in terms of establishing the fact of possession of digital currency is also considered.
CRIMINAL LAW SCIENCES
In modern criminal proceedings, issues of the content and persuasiveness of speeches made by the parties to the trial in court are increasingly being raised. The past 2024 marked itself as an anniversary year for the Russian legal profession; Russia has passed the milestone of its 160th anniversary. In this regard, we have made an attempt to some extent to reveal the historical lessons of judicial negotiations in the light of the concept of the strength of evidence and their argumentative value when considering a criminal case in the court of first instance. For us, the skills that have come since 1864, when judicial reform allowed the greatest judicial speaker, defender, and expert on the human soul, Fyodor Nikiforovich Plevako, to reveal himself are cognitive. It is his judicial speeches that are the real legacy of Russian criminal proceedings.
The article examines the concept of the term “synergetics”, the meaning and necessity of using the synergetic methodology in the study of normative and casual criminal-legal regulation. The conceptual significance of the synergetic approach in criminal law is analyzed. A conclusion is made about the expediency and prospects of using the provisions of synergetics in the study of the system of criminal-legal regulation.
The article considers criminal law measures to counteract professional crime in Russia, as well as individual proposals from researchers to improve modern domestic criminal legislation in line with tightening the fight against professional criminals. It is determined that criminal law measures directly countering modern professional criminal activity are not effective enough, and «indirect» ones do not allow legislative efforts to focus on combating professional criminals. In view of this, it was noted that the «leading» role in countering professional crime should be played not by criminal law, but by organizational and managerial, technical, general social and some other measures that make it possible to effectively combat types of crime with a high level of latency. Among the prospects for improving domestic criminal legislation within the framework of the current criminal law doctrine to solve this problem, the need for further modernization of qualification institutions, multiplicity of crimes, strengthening the principle of individualization and differentiation of punishment, contributing if not to the elimination of professional crime, then minimizing the negative consequences of the activities of professional criminals, is noted.
The article analyzes the provisions of the Criminal Code of Vietnam on the criminal liability of commercial legal entities and the practical application of these provisions from 2020 to 2024. The article helps to clarify the theory and practice of applying the provisions of the Criminal Code of Vietnam on the criminal prosecution of commercial legal entities. On this basis, make proposals on criminal legislation on the criminal liability of commercial legal entities.
Criminal proceedings in Vietnam are characterized by significant limitations on the role of individual victims in the resolution of criminal cases. The achievement of justice in such cases is entirely dependent on the effectiveness of an integrated system built by investigators, pracurators, and judges. Meanwhile, through the institution of private prosecution, Russian legislation grants victims of crimes a defined role in the resolution of criminal cases. Within this framework, victims have a decisive voice in holding offenders accountable, ensuring a balanced integration of public and private interests in case resolution. This article conducts a legal analysis and comparative study to explore the nature and content of the private prosecution institution in the criminal procedure legislation of the Russian Federation. Based on this analysis, the article provides recommendations for Vietnam to improve the provisions of its Criminal Procedure Code, particularly concerning the role of victims in the resolution of criminal cases, in line with the requirements of judicial reform.