The journal "Juridical science and practice" was set up in order to create an opportunity to discuss current problems of theory and practice in the field of law, to disseminate the main scientific results obtained in the framework of dissertation research, to establish and strengthen scientific ties between scientists in Russia and other countries.
Mission of the journal-the journal publishes scientific articles and critical materials on jurisprudence. The journal expresses the general attitude and position of Novosibirsk State University, which combines intellectual freedom and demands for reasonableness of judgments, the desire for clarity and clarity of thinking, rationality of argumentation. The journal publishes materials corresponding to the main categories: history and theory of state and law; constitutional and municipal law; civil and business law; labor law and social security law; environmental law; civil and arbitration proceedings; administrative and financial law; criminal law and procedure, criminalistics; international law; scientific life, publications, reviews, translations.
Current issue
THEORETICAL AND HISTORICAL SCIENCES
The article is an analysis of specific features of relations between the state authorities and merchants in the Mongol Empire and its uluses (Yuan Empire in China, Mongol Iran, Golden Horde, Chaghatay Ulus). The sources of legal regulations of the trade in the Chinggisid uluses are studied. The article contains the first Russian-language publication and interdisciplinary commentary of yarlik (edict) on the appointment of the head of merchants from the treaty “Dastur al-katib” by Muhammad Nakhchivani, the Persian official of the 14th c. The analysis of the document gives an opportunity to re-construct some legal aspects of relations between authorities and merchant corporations in the Mongol Empire and its uluses. Legal anthropological approach allows to examine the regulation of the trade relations not only as a series of legal acts but also as specific actions and decisions of rulers and representatives of the trade societies of the Oxidant and Orient who interacted with them with taking into account the changes of the economic situation in the proper states and regions.
The article identifies the prevailing positions in public consciousness regarding the legal nature of the process of Finland’s territories’ accession to Russia during the 18th and early 19th centuries, and establishes the relationship between such categories as empire, ethnopolitics, region, autonomization, unification, and hierarchical structure. Based on legislation, archival materials, political statements, and research opinions, the article systematically examines the conditions, directions, stages, and means of integrating the region into the unified political and legal space of the imperial state. The author forms the belief that the established administrative and territorial autonomy was the result of the sanction of the supreme authority of Russia, which was represented in the region by the Emperor himself as the “Grand Duke of Finland” and his representative, the Governor-General, as the highest official of the Principality and the Chairman of the Finnish Senate.
The article defines the main directions of legal regulation of the activities of the Evangelical Lutheran Church as a national church in Iceland during the formation of its statehood (1918–1944). The article examines changes in the status of the Evangelical Lutheran Church from the acquisition of state sovereignty by Iceland until the rupture of the personal union with the King of Denmark in 1944, which is due to a) supremacy before the adoption of the Constitution of Denmark in 1849, which deprived the king of the right to lead the church organization; b) the acquisition of state sovereignty and the creation of its own Ministry of Justice and Church. The article reveals the main directions of the activities of the Evangelical Lutheran Church of Iceland during the period under study, but within the framework of a single state paradigm, as well as the creation of the Icelandic Church Council in 1931 as a future body for the internal governance of the local church organization.
This article examines Roman torts, as they were codified in modified forms in Byzantine legal texts that became part of the legal system of medieval Rus’, and also reflected in Russian legal acts of the era. During the imperial period, the legal positions of classical Roman tort law in the area of “compensation for damages” were enshrined in judicial practice, which relied on them for a long time, and in civil law doctrine. The latter, around the beginning of the 20th century, abandoned direct references to Roman law while retaining its approaches. The only concept that Russian law rejected for the vast majority of its history was no-fault liability.
The author analyzes, summarizes and evaluates in dialectical unity various aspects of the transformation of the mechanisms of government control over local government in the Russian Empire in the period from 1850 to 1917: from the liberal beginnings of the zemstvo and urban reforms of Alexander II to the tightening of administrative supervision under Alexander III. Special attention is paid to the contradictions between the zemstvos and the central government, including the limitation of their autonomy by the Regulation of 1890, the strengthening of the role of governors, as well as the influence of these processes on the formation of the factors of the February Revolution.
The paper reveals the biological aspects and prerequisites for the functioning of law. Previously unexplored issues of the physiological determinacy of the regulatory role of legal consciousness by reflexes and human needs are considered. The concept of a legal reflex is rethought. Attention is drawn to the need to take into account natural factors and patterns on the effectiveness of legal regulation, as well as to the problems and trends that arise as a result of ignoring them.
PRIVATE LAW SCIENCES
The use of statistical methodology is the most important indicator of the quality of scientific research, and the collection and analysis of empirical material is an obligatory stage of most modern research that brings significant practical results. Nevertheless, the number of scientific works on jurisprudence, where the establishment of statistical patterns forms the core of the work, is insignificant. The article provides data on the imbalances observed in the use of statistical methods by various legal sciences, and offers an explanation of the current state of affairs. The authors, considering that the solution of the problem of sustainable development of society depends on the complexity and objectivity of monitoring its condition, describe the main directions of using statistical methods for the analysis of private law.
The article examines the family-legal and socio-social aspects of parenthood, including de facto and social parenthood. Problematic issues of parental responsibilities by fathers and mothers, as well as conflicts arising between them as a result of the termination of personal relationships, situations of preferential abandonment by the courts of children with their mothers in cases of parental separation, the role of the state in resolving family issues and the historical prerequisites for the formation of the modern Russian family and family values are presented. Judicial practice and the results of interdisciplinary research confirm the author’s conclusions about the interaction of family, legal and social aspects of parenthood and their impact on the formation of a certain image of a parent in children as a model of behavior in the future.
CRIMINAL LAW SCIENCES
The article examines in detail the problem of determining the forms of guilt when driving to suicide. The corpus delicti provided for in Article 110 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) is being considered. The opinions of legal scholars on the subjective side of the corpus delicti enshrined in Article 110 of the Criminal Code of the Russian Federation are being studied: according to the first point of view, suicide can be committed both intentionally and negligently; according to the second point of view, suicide can only be committed with an intentional form of guilt.; according to the third point of view, when driving to suicide, guilt can manifest itself only in three forms: indirect intent or negligence; according to the fourth point of view, driving to suicide is possible only with indirect intent. Court decisions on cases of suicide are given. The opinions of law enforcement officers on the form of guilt when driving to suicide are presented. As a result of the research, the author concludes that when driving to suicide, together with creating conditions, the act should be qualified as premeditated murder, since the crime was committed “by the hands of the victim”. In conclusion, a reasoned proposal is made to solve the problem of the form of guilt in driving to suicide by fixing a note in the Criminal Code of the Russian Federation.
This article examines a case where, after the arrest of an individual placed on an international or interstate wanted list, instead of an extradition request, a petition is received to obtain a pledge to appear before a law enforcement agency in a foreign state. This legal phenomenon requires scholarly analysis, which determined the purpose of this article – to elucidate the legal nature of such a pledge, determine its legal force, and identify issues of legal regulation.
As a result of the study, the author concluded that such a petition falls outside the scope of international cooperation in criminal matters and is null and void. These findings led to the following proposals: 1) amending the Criminal procedure code of the Russian Federation to extend the provisions of this law to procedural actions related to requests for legal assistance; 2) supplementing the relevant Instruction of the Prosecutor General’s Office of the Russian Federation regarding the prosecutor’s actions in the event of a petition for a pledge to appear.
This article highlights the specifics of prosecutors’ assessments of the results of applying specialized knowledge in the form of forensic examinations during the investigation of crimes committed against individuals under the age of eighteen. An analysis of judicial, investigative, and expert practice allowed the author to demonstrate typical violations committed when ordering and conducting forensic examinations and propose solutions. Specifically, a survey and analysis of the results of surveys conducted among employees of prosecutorial agencies in 66 constituent entities of the Russian Federation contributed to the study’s objective—the development of specific, evidence-based recommendations for prosecutors’ assessments of the results of applying specialized knowledge in the form of forensic examinations during the investigation of these crimes.
This article examines the issue of determining the remuneration (fee) of a lawyer providing qualified legal assistance under a contract. The author emphasizes the need for guaranteed and adequate compensation for such assistance and expresses concern about the possibility of unfounded criminal prosecution of lawyers under the Russian Criminal Code for fraud, pointing to negative consequences that cannot be fully assessed from a criminal law perspective alone. The inadmissibility of criminally prosecuting lawyers for high fees is directly related to ensuring the normal functioning of the criminal process and respecting the right to qualified defense. Such prosecution, contrary to the principles of equality, adversarial proceedings, and the independence of the legal profession, distorts criminal proceedings, puts pressure on the justice system, and creates lawyers’ dependence on law enforcement agencies and the court. To protect lawyers from unfounded accusations and not discredit their work, the author examines the regulation of lawyer fees and the advisability of establishing upper and lower limits for them. This aim is to assist lawyers in determining their amounts and to ensure the transparency, fairness, effectiveness, and legality of criminal proceedings.



















