Juridical Journal of Samara University

Since 30.11.2017, the journal is included by the Higher Attestation Commission in the List of leading scientific journals and publications in the Russian Federation, where basic scientific results of doctoral theses should be published (Bulletin of the Higher Attestation Commission of the Ministry of Education and Science.

In the journal scientific articles, conference papers, reviews on theses and other research works on all branches of legal knowledge are published.

The Certificate on registration of means of mass-media ПИ № ФС 77-68026 dated 13.12.2016


Current Issue

Vol 9, No 2 (2023)

Full Issue


Legal clinic of Samara University celebrated the 20th anniversary of its creation
Ivanov V.V., Yanchenko I.P.

20 января 2023 года в зале заседаний Самарского университета состоялся всероссийский круглый стол «Клиническое образование в подготовке юристов», приуроченный к 20-летию со дня образования юридической клиники Самарского национального исследовательского университета имени академика С. П. Королева. В круглом столе приняли участие представители прокуратуры Самарской области, Управления Министерства юстиции РФ по Самарской области, Управления Судебного департамента в Самарской области, Самарской губернской думы, уполномоченного по правам человека в Самарской области, министерства социально-демографической и семейной политики Самарской области, Самарского регионального отделения Общероссийской общественной организации «Ассоциация юристов России», Палаты адвокатов Самарской области, ГКУ СО «Государственное юридическое бюро по Самарской области», а также руководители юридических клиник вузов Самары и Самарской области, Москвы, Санкт-Петербурга, Екатеринбурга, Нижнего Новгорода, Томска и АНО «Центр развития юридических клиник». 

Juridical Journal of Samara University. 2023;9(2):7-10
pages 7-10 views

Theory of law and state

Evolution of ideological dominants of modern Russia
Bredikhin A.L.

In the article, the author examines the evolution of ideological dominants of post-Soviet Russia. First of all, the very concept of an ideological dominant is given as a complex of views and ideas officially recognized by the state, prevailing in the ideological activity of the state, political life and public consciousness. The symbiosis of ideological trends that have formed in Russia after the collapse of the USSR is noted, and changes in the dominant attitudes are traced. Thus, the turning points are called: the beginning of the 2000-ies, when liberal values begin to fade into the background before the idea of a strong state; 2014, as the moment of appearance of insoluble contradictions with the West, after the conflict in Donbass; 2022 - the beginning of the NWO and a direct confrontation with the West. In conclusion, the beginning of a new period in the evolution of ideological dominants and the formation of tendencies for a break with the Western paradigm of the country’s development are noted; implementation of the idea of protecting traditional values; building a multipolar world. The author sees the change of ideological dominants as a regular and natural process.

Juridical Journal of Samara University. 2023;9(2):11-17
pages 11-17 views

History of law and state

Role and importance of disciplinary responsibility in the criminal procedural activities of employees of internal affairs bodies
Ismailov D.A., Repeteva O.E.

Currently, disciplinary responsibility plays an important role in the activities of employees of internal affairs bodies. The essence of disciplinary responsibility consists in the application by the employer (manager) to the employee (employee) of penalties in connection with the commission of a disciplinary offense by him. When using the term disciplinary responsibility, one gets an idea of its wider application in the labor relations of the civil service, rather than in law enforcement. However, this is not quite true. In this connection, the authors propose to consider this type of responsibility in the field of law enforcement service, namely, by the example of a structural subdivision of district police commissioners in the implementation of criminal procedural activities. The authors also proposed legislative changes, providing for a list of mitigating and aggravating circumstances in a special regulatory legal act regulating official activity in the internal affairs bodies, adding a separate legal norm.

Juridical Journal of Samara University. 2023;9(2):18-25
pages 18-25 views
Constitutional and legal guarantees of public control
Kolosova N.M.

The article is devoted to the study of constitutional foundations of public control in the context of identifying a system of appropriate guarantees. Scientific disputes about the concept and classification of constitutional and legal guarantees of the rights and freedoms of man and citizen in relation to the right of everyone to public control are analyzed. The position has been expressed in accordance with which the constitutional and legal guarantees of public control are enshrined in the rules, the provisions of which are intended to ensure the effective functioning of its subjects. At the same time, the Constitution of the Russian Federation creates the basis for public control, the specification of which takes place in Russian legislation. The novelty of the study lies in the author’s proposal to single out three groups of constitutional norms that enshrine guarantees-principles, guarantees-rights and guarantees-institutions. The proposed classification made it possible to single out the last of those named above as the most effective guarantees of public control. The activities of the President of the Russian Federation and the Government of the Russian Federation as guarantors of public control are studied; their respective regulatory legal acts are analyzed.

Juridical Journal of Samara University. 2023;9(2):26-33
pages 26-33 views
Legality of reducing the regulatory provision of apartment buildings with parking spaces as a subject of prosecutor’s supervision
Lobachev D.A.

The article considers the role of the prosecutor’s office in ensuring the legality of decisions of authorized authorities that allow interested parties (in particular, developers) to reduce the number of equipped parking spaces during the construction of apartment buildings in relation to the regulatory parameter provided for by the urban planning regulations of the territorial zone in which the developed area is located. The issue of lack of free parking spaces has always been one of the urgent problems of any metropolis. In this regard, the proper implementation of the law when issuing permits for deviations from the maximum parameters of permitted construction requires special attention from the prosecutor’s office. The article substantiates that these permits, despite the lack of clarity of legal regulation, cannot be accepted solely on the basis of the discretion of the authorized body, without establishing legal conditions. Sometimes compliance with the public procedure for discussing the issue of granting an appropriate permit is mistakenly considered as a sufficient basis for issuing it. Therefore, when checking the implementation of the law, the prosecution authorities should not be limited only to studying documents confirming compliance with the procedural regulations for the actions of the authorized body, but also evaluate the actions of the supervised person in terms of the completeness of the study by him of the presence of special characteristics of the land plot that do not allow fulfilling the regulatory parameter as required the number of parking spaces.

Juridical Journal of Samara University. 2023;9(2):34-39
pages 34-39 views
System of normative regulation in the Russian Federation: current development trends
Osetrov S.А.

The article discusses the features of the development of the regulatory system in the Russian Federation at the present stage. Attention is drawn to the fact that to date the Russian Federation has not adopted a federal law that would regulate the system of regulatory legal acts in the Russian Federation. In such conditions, the development of the regulatory system is carried out in different directions. In particular, there is a tendency to expand the number of participants in the rule-making process and to change the parameters of regulation within the framework of existing types of legal acts, there is a tendency to professionalize regulatory system. As a result, the author concludes that in conditions of multiplication of sources of law, an important task of state is to maintain the regulatory system in a state that ensures, first of all, the realization of public interests of society and the state.

Juridical Journal of Samara University. 2023;9(2):40-48
pages 40-48 views
Features of the implementation of legal instructions providing collective-agreement regulation in the sphere of labor
Protsevskiy V.A., Ochkurenko S.V., Nikitina A.P., Gorlov E.V.

The article deals with the concepts of social partnership and social dialogue, reflecting the forms of legal relations of subjects of collective legal regulation. There are tendencies of further combination of private and public legal regulation of individual, collective and state interests of subjects of labor law. The normative-legal acts of international law and national legislation regulating relations in the social and labor sphere are analyzed. The point of view about the need for the existence of collective labor relations and their interaction with individual labor relations is investigated. The collective agreement should take a fundamentally important place in local labor regulation.

Juridical Journal of Samara University. 2023;9(2):49-59
pages 49-59 views

Ethics and psychology of law-enforcement activity

Social and medical services in the aspect of taking into account the individual characteristics of the patient: trends in legal regulation
Kryukova E.S., Kudasheva P.S.

The development of science and technology gave impetus to the modernization of medicine and the formation of its new directions, based on the individual characteristics of patients. Personalization of medicine contributes to the expansion of the list of services that are complex in composition and nature. The article considers the integration processes of the two most important spheres of public life: medicine and social services, emphasizes their importance for improving the quality and taking into account the individual characteristics of the patient in the provision of medical care, and notes the importance of the consistency of legal regulation of both components. The category «social medical services» is analyzed in the aspect of personalization of medical activity, further trends in the development of legislation in the study area are identified, problems of legal regulation in terms of interdepartmental interaction between management structures, coordination and continuity of medical activity and social security, updates standardization of medical and social services for successful collaboration.

Juridical Journal of Samara University. 2023;9(2):60-64
pages 60-64 views
Biobank as a legal category
Ostanina E.A.

The development of medical technologies increases the need for legal regulation of relations on the formation of biobanks. The comparative legal method and the formal legal method were used. Currently, the term «biobank» is used to denote both the totality of objects of rights and to denote the entity carrying out the storage. The conclusion is made about the need for additional regulation of the concept of «biobank». To protect the rights and legitimate interests of the patient, it is necessary to take into account his consent or lack of consent both for the removal of cells and other biological materials, and for their storage, transportation, cryopreservation. The conditions of consent may provide for the destruction of biological material upon the occurrence of certain conditions, for example, in the event of the death of a patient. Consent to the processing of personal data should be obtained separately. For more complete regulation, it is necessary to determine the features of the legal personality of organizations engaged in professional activities for the storage of biological samples and related data. It should be recognized that it is expedient to preserve the rules on licensing the activities of such organizations.

Juridical Journal of Samara University. 2023;9(2):65-70
pages 65-70 views

Constitutional law

About the stages of qualification of circumstances, excluding the criminality of the act
Blagov E.V.

The article considers the problems of understanding and filling the stages of qualification of circumstances excluding the criminality of an act that have not received theoretical coverage. It is concluded that such stages are: 1) adoption and 2) consolidation of decisions regarding the provision of established factual circumstances by the relevant provisions of criminal legislation. Each stage is subjected to an independent analysis. The content of the first stage is recognized as mental activity, the result of which can be a positive or a negative decision. It is based on the signs of circumstances that exclude the criminality of the act, and it is characterized by a certain order. At the same time, the signs of circumstances excluding the criminality of the act are sufficient to distinguish these circumstances and are formulated in such a way that they exclude competition. Attention is drawn to the fact that the notes to a number of articles of the Special Part of the criminal legislation reflect special circumstances that exclude the criminality of the act, but they are not legitimized by the General Part. The content of the second stage is the objectification of the decision made at the first stage. Moreover, it is established that in criminal legislation the regulation of the second stage does not occur, and in criminal procedure legislation, the basis for refusing to initiate or terminate a criminal case and issuing an acquittal in the presence of circumstances precluding the criminality of the act is the absence of a crime event in the sense of not the absence of an event at all, namely a crime.

Juridical Journal of Samara University. 2023;9(2):71-78
pages 71-78 views
Contradictions of law, theory and judicial practice on certain issues of qualifying murder, violent sexual crimes, crimes against freedom and personal integrity
Nurkaeva T.N.

This article shows some of the problems and contradictions that arise in law, theory and judicial practice at the highest level on certain issues of qualifying murder, violent sexual crimes, crimes against freedom and personal integrity. The author’s position on their resolution is substantiated, in particular, guided by practical expediency, the opinion is defended that the term «conjugated» from the criminal law should be excluded. For the purpose of uniform understanding of criminal law and a more precise qualification, the opinion is defended that the legislator’s approach to describing the feature «use of violence», taking into account its intensity and means of influence in crimes against freedom and personal integrity, should be the same: in the main composition – «with the use of violence, not dangerous to life or health, or the threat of violence»; in the qualified – «with the use of violence dangerous to life or health»; for the same purposes, in its resolution of December 4, 2014, the Plenum of the Supreme Court of the Russian Federation «On judicial practice in cases of crimes against sexual integrity and sexual freedom of the individual», it is advisable to give a more complete interpretation of the concept of «another person», and also show: in what cases, the use of violence or the threat of its use against another person is covered by Part 1 of Article 131.132 of the Criminal Code of the Russian Federation, and in which – goes beyond the specified articles of the criminal law.

Juridical Journal of Samara University. 2023;9(2):79-84
pages 79-84 views

Municipal law

Cyberspace security: Cyberpunk 202..?
Samovich Y.V.

Information security is currently the «Achilles’ heel» for any state, since no one has absolute capabilities in this area, and there is no limit to perfection. Constantly improving technologies amaze the imagination, as well as those created as a response, not to mention the amount of funding spent on them. The article provides a brief overview of some provisions of Security Strategies in cyberspace of the main players in the modern confrontation, from which a disappointing forecast follows – the potential for the scope of military operations is expanding.

Juridical Journal of Samara University. 2023;9(2):85-89
pages 85-89 views

Tribune of young scientist

Private determination of the court of the first instance in civil proceedings and responsibility for non-fulfillment of it
Mamedov E.E.

This article analyzes the general provisions and judicial practice regarding the issue of private rulings issued by the courts in accordance with Article 226 of the Civil Procedure Code of the Russian Federation, and also considers the main problems associated with non-execution of a private court ruling. A large number of scientific works of Russian and Soviet scientists are devoted to the problems of the institute of particular definitions. Meanwhile, the problem of nonexecution of particular definitions has not been given sufficient attention. The legislation of the Russian Federation is quite loyal to the issue of non-execution of private determination of the court. The procedure for bringing to civil procedural or administrative liability for violations related to particular definitions remains an unpopular legal procedure. The author revealed an unjustified differentiation in fixing the forms and procedure for the implementation of liability for failure to comply with a particular definition, as well as the inconsistency of the law in terms of establishing liability measures for the tort in question. The ways to solve these problems is to introduce the necessary clarifications into the current version of the Code of Civil Procedure of the Russian Federation, which will be proposed in this article.

Juridical Journal of Samara University. 2023;9(2):90-95
pages 90-95 views
Principle of publicity in the doctrine and legislation of civil proceedings
Pavernikov R.A.

The article is devoted to the problem of the content of the principle of publicity of judicial proceedings in civil cases in the Russian procedural legislation and in the works of leading procedural scientists. Covering the period from the middle of the XIX century to the present, the author reveals the prerequisites for the normative consolidation of the principle of publicity, the evolution of the content of this principle in the legislation of the pre-revolutionary, Soviet and modern periods, as well as the assessments and views of domestic scientists regarding the meaning and essence of publicity in civil proceedings. It is concluded that there are two main positions in the doctrine of civil procedure on the issue of the content of publicity: the first position considers publicity exclusively for an indefinite circle of persons not related to the process as a component of their right to collect and receive information about justice. The second position considers publicity in two aspects: both publicity for the public and for the participants in the process. The author considers it expedient to extend the content of publicity to the participants in the process, since they also need the means and guarantees of obtaining complete and reliable information on the case under consideration for timely and effective protection of violated rights. The relevance of the issue is due to the fundamental nature of publicity of judicial proceedings for justice in general and for civil procedure in particular.

Juridical Journal of Samara University. 2023;9(2):96-102
pages 96-102 views

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