Journal headings
"Legal sciences"
All rubrics
Release: 2026-2 (50)
DOI: 10.21777/2587-9472-2026-2-47-56
Keywords: advantage, privilege, benefit, preemptive right, secondary right, transfer of preemptive rights, civil transaction, inheritance by representation, hereditary transmission, heir, testator, co-heirs
Annotation: The article describes the specifics of protecting the preemptive rights of heirs. The study substantiates the specific nature of protecting this type of preemptive civil rights. The existence of the preemptive right of heirs as an independent subjective civil right is proven, which determines the ways, methods, and limits of its legal protection. The author defines the obligation corresponding to the heir’s preemptive right differently than in existing literature, which implies additional argumentation when defending the right. In writing this work, systemic analysis, methods of formal logic, comparative law, and synthesis of legal practice were used. The article shows the main ways and methods of protecting specific preferential rights of the heir, explores an approximate algorithm for proving these rights, and offers examples of argumentation of the legal position in court. Attention is paid to the validity of the decisions of the Supreme Court of the Russian Federation on certain controversial issues arising in the consideration of this category of cases. The conclusion is drawn that, in some cases, the position of the highest court should be brought into conformity with the law. The author substantiates the need for changes to the current legislation on notary services regarding granting the notary additional powers to establish trust management of inherited property, as well as to the legislation on business companies in situations where the inherited property includes shares in the authorized capital of a business company. In the text of the article, the Russian Federation is abbreviated as RF.
CONDITIONS AFFECTING THE FORMING OF THE CRIMINAL SITUATION IN CRIMES RELATED TO ILLEGAL DRUG TRAFFICKING
Release: 2026-1 (49)
DOI: 10.21777/2587-9472-2026-1-47-52
Keywords: conditions under which the crime was committed, criminal situation, investigation of crimes, narcotic drugs, place of the crime, time of the crime, classification of conditions under which drug crimes are committed
Annotation: The purpose of the article is to consider the relationship between the conditions in which drug crimes are com- mitted and the content of the criminal situation that inevitably arises. It is noted that this category has not been practically studied in the forensic context. However, it is the existing conditions that affect not only the completion of illegal actions but also the mechanisms of trace formation, which reflect both the criminal’s personal charac- teristics and the subject of the offense. This, in turn, determines the choice of technical means and tactics when conducting investigative actions; direction of the investigation; and also identification of all circumstances that allow us to find out the full picture of the occurred criminal event. The emphasis is placed on the dependence of the conditions existing at the time of the crime on the place and time of the criminal intent. Understanding them in a forensic manner is crucial for conducting a complete, comprehensive, and objective investigation. In the text of the article, the Russian Federation is abbreviated as RF.
ON THE ISSUE OF THE CONCEPT OF CYBERCRIME IN FORENSICS
Release: 2026-1 (49)
DOI: 10.21777/2587-9472-2026-1-53-57
Keywords: cybercrime, cyber threat, cyber defense, information and telecommunication technologies, investigation, forensic classification of crimes, United Nations
Annotation: The current issues regarding the content and essence of the concept of “cybercrime”, as well as its connection with the concepts of “cyber threat” and “cybersecurity” are considered. A typical scheme of cyber threat im- plementation is given. The state-of-the-art list of the main threats in cyberspace is given, focusing on the latest trends (Internet of Things, etc.). Through the prism of forensic classification (systematization) types of high- tech crimes are considered, both from the point of view of UN experts, who were at the origin of the concept of “cybercrime”, and from the perspective of modern scientists and practitioners. The concept of cybercrime is formulated, emphasizing the unity of understanding of the essence of cybercrime in the modern world. Based on official statistics, changes in the dynamics of cybercrime in the Russian Federation have been shown since 2024. The qualitative structure of modern cybercrime, which has remained virtually unchanged, is analyzed. In conclu- sion, a valid conclusion is made about the need for further scientific research on the issue under consideration. In the text of the article, the Russian Federation is abbreviated as RF.
THE PREVENTIVE VALUE OF CRIMINAL LEGISLATION CONCERNING MINORS (FOREIGN EXPERIENCE)
Release: 2026-2 (50)
DOI: 10.21777/2587-9472-2026-2-57-61
Keywords: foreign legislation, imprisonment, criminal law measures, punishment, minor, offender, probation
Annotation: The article examines the punishments and criminal measures applied to minors under the laws of foreign countries. Due to the rising rate of juvenile delinquency in the analyzed countries, governments have begun to focus on optimizing the sentencing and enforcement systems for young offenders. It is proposed to expand the courts’ powers in juvenile sentencing, to introduce new types of punishments that do not involve imprisonment but include certain restrictive measures, and to expand criminal law measures, including probation. Given this, imprisonment should be imposed on juvenile offenders only if they truly pose a danger to society or are resistant to correctional measures. The terms of such imprisonment must be specific, and their duration must be determined by the court, taking into account the personality of the offender and the nature of the crime committed. They must be placed in institutions for juvenile offenders, which prohibit the detention of adult criminals.
FEATURES OF CRIMINAL PROSEEDINGS IN WARTIME: PROCEDURAL NOVELTIES AND THEIR PRACTICAL APPLICATION
Release: 2026-1 (49)
DOI: 10.21777/2587-9472-2026-1-58-62
Keywords: criminal proceedings, martial law, mobilization, wartime, procedural novels, the practice of applying pro- cedural norms, the Code of Criminal Procedure of the Russian Federation (CCP RF), the Criminal Code of the Russian Federation (CC RF)
Annotation: The modern geopolitical situation has necessitated the adaptation of Russian criminal procedure legislation to the conditions of special periods, such as wartime, mobilization, and martial law. Since 2022, a large number of amendments and changes have been made to the criminal and criminal procedure legislation, including those related to exemption from criminal liability and suspension of criminal proceedings against military personnel. In this regard, the purpose of the study is to analyze the consistency of the amendments made to the domestic criminal procedure legislation and to identify problems of law enforcement practice related to the application of the relevant norms of criminal procedure legislation. Based on the results of the study, the author offers some proposals for improving the current legislation, noting, in particular, that the analysis of law enforcement practice and regulatory legal acts on the subject considered in the article leads to the conclusion that changes in the criminal procedure legislation of the Russian Federation for conditions of martial law are non-systemic and contain internal contradictions. In the text of the article, the Russian Federation is abbreviated as the RF, the Code of Criminal Procedure of the Russian Federation is the CCP RF, and the Criminal Code of the Russian Federation is the CC RF.