Legal Linguistics

On Construction and Enforcement of «Law on Investigative Proceedings» in Works by Sergei Ivanovich Davydov

Evgeniy Petukhov, Nina Dudko, Maria Neymark, Lydia Sukhanova — Tue, 01 Jul 2025 20:24:51 +0700

On the Problem of Understanding the Subsumee of Sexual Offences

Nadezhda Tydykova — Tue, 01 Jul 2025 19:55:35 +0700

The article studies the subsumee of sexual offences. It is noted that the legislator does not use the traditional way of formalizing the subsume of these crimes as enshrined in the relevant chapter of the Criminal Code of the Russian Federation. This circumstance determines the need for scientific understanding of the category under study. It is proved that the approach adopted in science, which recognizes the pattern of sexual relations established in society as the subsumee of sexual offences, cannot be considered successful, as it is difficult to describe within the legal norm the relations that cannot be formalized as prescriptions and rules. It is proposed to understand sexual relations, which represent interaction between people for the purpose of satisfying sexual needs, as the specific object of sexual offences. In the author's opinion, such relations include many components of private nature, which have public character only in the part where they affect the rights and legitimate interests of other persons. At the same time, the subject of criminal law protection can be only those interests, the violation of which may entail the occurrence of harm to the degree of public danger, which is sufficient to criminalize the act, and the necessary level of protection cannot be achieved by other measures and with the observance of the permissible level of state intervention. In this understanding, sexual relations as a subsumee of sexual offences has a narrower scope of content than sexual relations in general, which determines the rationality of listing in the title of Chapter 18 of the Criminal Code of the RF the most important principles of sexual relations: sexual freedom, sexual inviolability, moral and sexual development of juveniles.

Machine-Readable Legal Documents: Concept and Types

Andrey Perevozkin — Tue, 01 Jul 2025 19:41:24 +0700

Nowadays, it is increasingly possible to encounter the use, including in the field of law, of electronic documents in machine-readable format (machine-readable documents). These include, in particular, machine-readable declarations, machine-readable powers of attorney, smart contracts. Further development of technologies can lead to the creation of machine-readable sources of law, including machine-readable normative legal acts. The theoretical and legal status of such documents still remains insufficiently studied. There is a noticeable terminological confusion on this issue. This complicates the further implementation of machine-readable documents in business practice. In order to solve these problems, this article examines machine-readable legal documents from the point of view of their theoretical and legal status. The author considers the concepts of "machine-readable document", "document in electronic form", "electronic document", "electronic image of a document", "legal document" in the context of the history of their development, regulatory framework and scientific discussion around these concepts. The author gives definitions of a machine-readable document and a machine-readable legal document using formal-legal and formal-logical methods. For the purposes of a deeper understanding of the new phenomenon and subsequent differentiated regulation, a classification of machine-readable legal documents is proposed on several scores: by content, by type of information, by the possibility of automatic execution, by the formal language used, and by the presence of an analogue in natural language. The features of the theoretical and legal status of machine-readable sources of law are studied. The results obtained may be of interest in the light of further theoretical and legal understanding of such phenomena as machine-readable documents and machine-readable law.

The Concept of Cultural Values of Peoples in the Russian Federation

Anna Manapova — Tue, 01 Jul 2025 19:34:43 +0700

The article considers the concept of "cultural values" from the point of view of lexical, historical, legal, doctrinal, international and national legislative approaches. The author divides the concept into two parts, analyzes the concept of "cultural" and "value" separately, reviews the doctrinal understanding of the term, explores the historical development of the concept, analyzes legislative acts at the national and international levels, and deduces her own concept of cultural values. The topic of the article is relevant due to the lack of uniform understanding of the term "cultural values", which in turn affects the development and implementation of effective measures to counter crimes involving cultural values. The purpose of the study is to examine in detail and comprehensively the issue of the criminal protection of cultural values of peoples as such. The author comes to the conclusion that it is necessary to introduce a uniform concept of cultural values, to give a clear, complete consistent definition of the concept, as well as consolidate "cultural values" as the subject of crimes provided for in articles 164, 190, 226, 226.1, 243, 243.1, 243.2, 243.3, 243.4 of the Criminal Code of the Russian Federation. The legislative consolidation of the concept contributes to the effective counteraction, prevention and deterring of crimes in the field of protection of cultural values of peoples. The protection of cultural heritage is one of the priorities, since cultural values represent the distinct history, traditions and unique identity of each nation. These values help to understand and respect the cultural heritage of other nations. In addition, measures to protect cultural values contribute to the preservation and passing over the protected values to future generations, strengthen national identity and social cohesion.

Dialectal Vocabulary of Yakut Customary Law

Aman Zhansai — Tue, 01 Jul 2025 19:26:39 +0700

The article concentrates on the study of the lexicon of customary law in different subdialects of the Yakut language. Despite the vast area of Yakut language distribution, the language is characterized by its monolithic character and lack of significant dialectal differences. Dialectologists distinguish only the subdialects with some lexical and grammatical peculiarities. In this regard, the considered category of vocabulary is not characterized by great diversity. This phenomenon is connected with the archaization and withdrawal from use of the lexicon of customary law due to the inclusion of Yakut society in the field of Russian legislation. The terms borrowed from the Russian language appeared to replace native terminology. Another reason is the development of mass writing and the transition to common literary norms of the language. The largest amount of dialectal vocabulary is noted in the terminology of kinship and property, which continues to function actively. In addition, individual examples are present in such branches of customary law as criminal law, property relations, social and administrative structure. The identified vocabulary is categorized into groups of colloquialisms and semantic categories in accordance with the branches of Yakut customary law. The article attempts to analyze the etymological analysis. A significant number of words are borrowings from the Russian language. The considered lexical units are formed as a result of semantic shift, phonetic adaptation of Russisms. In the field of criminal law, many lexemes are represented by euphemisms that emerged in order to express taboo concepts.

Industry Translation: Peculiarities of Legal Text Translation from Russian into Chinese

Maksara Dondokova — Tue, 01 Jul 2025 19:19:34 +0700

The article deals with the peculiarity of legal texts translation as a field of industry translation, in particular the process of translation from Russian into Chinese of legal texts with regard to translation tasks representing complexity and ambiguity. An attempt is made to support some approaches to solving the translation tasks using the methods of analysis, comparison and description as a research methodology. The novelty of the research lies in the fact that for the first time the article has dealt in detail with some issues of translation of legal texts in Russian – Chinese language pair, and some variants of translation strategies are offered as conclusions.

Comprehension of Civil Law Contracts by Readers

Ludmila Tsygulskaya — Tue, 01 Jul 2025 00:00:00 +0700

The article is concerned with the comprehension of modern legal texts by native Russian speakers. Legal texts play a huge role in the modern world and are an integral part of the law and language culture of society. The relevance of the study is due to the increasing complexity of legal relations in modern society and the need for an accessible statement of legal norms for general readers. The subject of the study is the comprehension of the texts of civil contracts, such as a purchase-sale contract and a credit contract. The article presents an analysis of a survey of 60 informants, the purpose of which was to identify the level of their comprehension of the presented legal texts. The questionnaire included 8 questions for each text with four answer options. As a result, 960 reactions were obtained and analyzed. The study showed that, despite the presence of a significant number of correct answers (from 55% to 93.3% depending on the question), there is a significant proportion of informants who have difficulty comprehending the texts of civil contracts. The most difficult questions for informants were those related to the rights and obligations of the parties to the contract, especially those that do not seem obvious based on common beliefs. The easiest questions in both cases were questions about the time when the action with the main subject of the contract occurs. The study shows that the difficulty in perceiving legal documents is associated with the peculiarities of legal language and legal writing, as well as insufficient legal literacy of the population.

Semantic and Cognitive Study of Dictionary Definitions of English Legislative Texts in the Context of World Information Technology Development

Alsu Gabdrakhmanova — Tue, 01 Jul 2025 00:00:00 +0700

The article examines the semantic and cognitive aspects of dictionary definitions in legislative texts in order to identify their features in the context of information technology development of society. It is noted that ambiguity and polysemanticity in legislative definitions can lead to legal disputes and obscurity in law enforcement practice. The author explores US and EU legislative and legal documents, focusing on the topics of "information technology" and "artificial intelligence." Hybrid terms are discussed as multicomponent terminological combinations containing initial abbreviations, such as AI programming and HTN planning.

For the analysis, we have chosen regulations and prescriptions concerning "information technology" and "artificial intelligence": H.R.5356 – To establish the National Security Commission on Artificial Intelligence; The National Strategy to Secure Cyberspace; Executive Order USIA; National Strategy in Cyberspace (USA); The Comprehensive National Cybersecurity Initiative.

The article examines syntactic relationships within terminological combinations, with particular emphasis on phrasal combinations, which are a separate type of terminology. Phrasal combinations are characterized by structural similarity to phrases, and syntactic relationships in them are expressed through conjunctions and prepositions.

The study focuses on the need for a detailed analysis of nuclear terms with regard to their semantic and cognitive features. This will allow a deeper understanding of exactly how terminological constructions are formed and function in a scientific and professional context.

As a result of the analysis, it was found that the most productive way to form definitions is to create two-component combinations, which allows you to transmit information more accurately and reasonably. The work can be used for further research in legal lexicography and terminology.

The Category of "Value" and the Object of Criminal-Legal Protection

Filipp Chirkov — Tue, 01 Jul 2025 00:00:00 +0700

The article examines the relationship between the concepts of "value" and "object of criminal-legal protection". It is stated that to date, no deep interpretation of the understanding of the object of criminal-legal protection as a value has been developed. Two potential models of interpreting the object of legal protection are presented, taking into account objectivist and subjectivist ideas about values. The limitations of each of them are proven. If the objectivist understanding of values does not answer the question of why this or that phenomenon acts as a good subject to protection, then the subjectivist perception of values is not able to indicate the real object of the social world that should be subject to protection. In Soviet science, this issue was resolved in strict accordance with ideological and political attitudes. Under a pluralistic society similar recommendations turn out to be of little use. It is proposed to synthesize and update the above approaches: the idea of values must directly become the basis of criminal-legal theory and practice. It is concluded that values reflecting social ideals about what is appropriate should be recognized as a criterion by which real interests and relationships are assessed. The object of legal protection should be recognized as such interests that, embodying traditional values and contributing to their achievement, are assessed as a legal benefit. At the same time, criminal law does not participate in the value examination of certain social interests or benefits. It only consolidates these interests and benefits as protected objects, confirming their social value.

Digital Social Threats: From Linguistics to Forensic Science in the Mirror of Patent Solutions

Ivan Mamaev, Mikhail Marusenko, Vadim Petrov — Tue, 01 Jul 2025 00:00:00 +0700

Since digital threats and the transformation of criminal practices are going forward at a steady pace, the detection of socially dangerous communities is becoming a crucial task for ensuring security. The paper presents a systematic review of 15 Russian and international patents (2014–2023) concerning technologies for detecting destructive groups and behaviors in the digital space. Patents are analyzed in detail, they are grouped into five key areas: linguistic analysis of texts, forensic data examination, user profile modeling, biometric identification, and control of unwanted activity. It has been established that 47% of patents protect algorithmic methods. The key technological trends that are identified are as follows: the dominance of linguistic methods (analysis of key expressions and semantic patterns) and threat prediction using user behavior modeling. At the same time, serious limitations are described: fragmentation of modules, underestimation of interdisciplinarity and ethical risks associated with the processing of personal data. Particular attention is paid to patents that describe approaches to analyzing psychophysiological reactions or crowdsourcing conflict moderation. The need for synthesizing forensics and computer linguistics systems to create adaptive detection systems is emphasized. The results of the study are of practical value for developers, law enforcement agencies, and patent experts.

Pseudo-Clarity of Legal Design

Peter Petkilev — Tue, 01 Jul 2025 00:00:00 +0700

The article discusses the problem of simplifying the legal text for the purpose of making its content understandable to a wide range of subjects. Representatives of legal design increasingly write about the need to develop the clarity of the legal language. At the same time, some of them understand the accessibility of such a language to an ordinary reader. The paper consistently argues for the negative effects of such simplification, the main of which is the inevitable primitivization of the law. Such primitivization entails legal risks, since a court or other law enforcement agency in this case may fail to reveal the real will of the parties. On this basis, the "priestly language" of lawyers is not its flaw, but rather its unchangeable essence. This article is a development of the theses voiced by the author at the round table "Clarity in Legal Processes — from an Axiom to meaningful Practice" at HSE University.

Bankruptcy vs Insolvency through the Semantics Prism of Late 19th and Early 20th Centuries

Anna Ryabova — Tue, 01 Jul 2025 00:00:00 +0700

The article considers the meanings of the concepts of bankruptcy and insolvency that existed at the turn of the late 19th and early 20th centuries. The research is based on fundamental dictionaries and encyclopedias. The article argues the relevance of referring to the past and the importance of such an analysis for modern times. Based on the results of the research certain conclusions are developed.

Category of Complexity of Legal Terms: Comparative Analysis of Human and Artificial Intelligence Interpretations

Viktoria Melnikova, Galina Napreenko — Tue, 01 Jul 2025 00:00:00 +0700

The article covers a comparative analysis of the ways in which humans and artificial intelligence interpret legal terms in respect of the category complexity. The research material is the terms presented in the text of the law of the Kemerovo Oblast "On Strengthening Liability for Violating Occupational Health and Safety Conditions in Coal Industry Organizations". The goal of the work is to identify the key differences in the approaches to interpretation used by humans and AI, as well as to determine how the complexity of terms affects the accuracy and effectiveness of their interpretation. Particular attention is paid to the analysis of the everyday understanding of legal terms, which is studied by surveying law students. This allows us to assess how natural human perception correlates with formalized algorithms for machine language processing. The study compares how AI copes with the interpretation of terms of varying complexity - from basic to highly specialized - in comparison with human analysis. The results of the study demonstrate that artificial intelligence effectively processes standardized and clearly defined terms, but has difficulties in interpreting context-dependent or ambiguous concepts. At the same time, humans are better at interpreting complex and abstract categories due to their ability to take into account extralinguistic factors. The work contributes to the discussion about the possibilities and limitations of using AI in the legal field, and also raises questions about optimizing the interaction between human and machine analysis of legal texts.

Indecency in Commercial Nomination (Case Study of Brand Name “Nudles”)

Akinina Anastasiya — Tue, 01 Jul 2025 00:00:00 +0700

The article discusses practical application of the ways of analyzing "indecency" in commercial nomination. When expertizing intellectual property, it is proposed to employ a combination of methodological approaches to the analysis of the "indecent form of expression" and the practice of considering nominations as contradicting public interests, principles of humanity and morality.

This study is particular due to the controversial name in English which is functioning in the Russian language in everyday and commercial environment. Thus, the linguist expert has to consider the approaches to the cognitive element, inner form and the image (images) behind the name. Is the inner form different for a native speaker and the Russian language speaker? Does the image depend on the dictionary definition or is it determined by the context which ousts the direct meaning? Is expert analysis dependent on the phonetic and graphic form of the word? If so, how great is the dependence. These questions are answered here on the example of a brand name.

The author proposes an algorithm to analyze the controversial name of “Nudles”, which is a brand-name of an Asian restaurant, and comes to the conclusion that it is context rather than definition that determines the meaning of the word. The next important factor is word-building peculiarities of the lexeme and comparing it to traditional names of a phenomenon in cognate languages.

Rewriting of Scientific Text as a Case Study for Linguistic Expert Analysis for Identity, Similarity and Difference

Yana Dudareva — Tue, 01 Apr 2025 00:00:00 +0700

Semantic comparison of speech products is a labor-intensive linguistic study, separated by experts of the Ministry of Justice of Russia into a new area of forensic expertise - 29.1 "Examination of intellectual property objects". This article considers the difficulties faced by expert linguists conducting research on text comparison. When comparing interrogation protocols, the discovery of text identity serves as an alarming factor, indicating the lack of independence of the source author against the significant role of the content-editor. The established similarity between the studied texts and extremist materials allows us to consider such texts as versions of materials previously included in the list of prohibited ones, which helps to accelerate the deadlines of linguistic expertise.

The work of expert linguists on establishing identity-similarity-differences obtains a new research material represented by a rewrite of scientific publications. This article examines the methods used by experts in the course of analyzing a text created by rewriting. Our own linguistic study on the comparison of scientific texts is discussed as well with detailed description of the techniques used to create a surface rewrite of a scientific text. Based on the analysis conducted, it was concluded that the result of surface rewriting is not a new original text, but a version of the source text, or, in other words, a copy text that formally has insignificant differences with the source text and is either identical or significantly similar to it in terms of content.

In the work of expert linguists with the purpose of establishing identity-similarity-differences, a new research material appears, which is a rewrite of scientific publications. This article examines the methods used by experts in the course of analyzing a text created by rewriting. Also presented is our own linguistic study on the comparison of scientific texts, during which the techniques used to create a superficial rewrite of a scientific text are described. Based on the analysis conducted, it was concluded that the result of superficial rewriting is not a new original text, but a version of the original text, or, in other words, a copy text that has, in formal terms, insignificant differences with the source text and identical or significant similarities with it in terms of content.

The Relationship between Fake, Unscrupulous and Unreliable Advertising

Irina Kiryushina — Tue, 01 Apr 2025 00:00:00 +0700

The article concentrates on the study of such a phenomenon as fake advertising, as well as the relationship between the concepts of fake, unscrupulous and unreliable advertising. The processes of infosphere fakification have also affected advertising, which is one of the types of public information. In modern discursive practices the term fake and its derivatives: fake, faked, fakification cover various types of fraud and fakes. When information is concerned, a fake is false, unreliable, falsified information presented as valid and disseminated in order to mislead. In addition to the traditional function of manipulating consumer consciousness, fakes today also serve the function of influencing public opinion by drawing attention to a particular event. The ultimate goal of spreading fake advertising is to manipulate the consumer's mind in order to increase sales. The article analyzes the issues of qualification of fake advertising under the current legislation of Russia. Fake advertising may be classified as false if it contains information that does not correspond to reality, or as unfair if at the same time the consumer is misled about the object of advertising, which creates the preconditions for a change in demand in favor of the advertiser. In the context of fake advertising, ads that mislead advertising consumers deserve special attention. The article examines such a technique used in modern advertising communication as genre fraud, including the function of genre fakes in advertising discourse. Modern ways of influencing the consciousness of advertising consumers have increased thanks to the use of artificial intelligence and the Internet. The author provides examples of such practices.

Legal Values in Official and Unofficial Legal Discourse of Russia and China (Case Study of the Axiologeme "Historical Memory")

Natalia Melnik, Elena Nikiforova — Tue, 01 Apr 2025 00:00:00 +0700

This article considers the specifics of the representation of legal values in Russian and Chinese official and unofficial legal discourse on the example of the axiologeme "historical memory". The purpose of the study is to determine the common and different in the representation of the axiologeme in question in the official and unofficial legal discourse of Russia and the People's Republic of China. The materials for the study are the texts of the Constitutions of Russia and China, as well as the answers of the test subjects received during the linguistic experiment. The selected texts of legislative acts of the Russian Federation and the People's Republic of China are analyzed using the method of conceptual analysis; in addition, methods of definitional-associative experiment and the method of comparative analysis are used. Two stages of the research are distinguished: first, the analysis of the content of the axiologeme "historical memory" in the texts of the constitutions of countries is carried out, then the answers obtained during the free associative and definitional experiment are considered, on the basis of which the specifics of the axiologeme representation is determined. The results of this study can be used in the field of legal linguistics, linguoculturology and linguoaxiology, as well as find application in lexicographic practice.

The History of Distance Working Development in Russia: from the First Legislative Initiatives to Modern Standards

Inna Prasolova, Yulia Vasilenko — Tue, 01 Apr 2025 00:00:00 +0700

The relevance of the study is due to the high pace of development of scientific and technological progress, which in turn leads to the emergence of new, atypical forms of employment. The world of work has undergone significant changes, one of which has been the active spread of distance working. The development of information technology, growing globalization and changes in the organization of work have led to the formation of a new type of employment that does not require the constant presence of the employee on the employer’s premisis. In Russia, the issue of distance working first became the subject of discussion at the legislative level in the early 2000s, when the emergence of new forms of employment became an urgent task for legal regulation. The first legislative initiatives were aimed at establishing the basic rights and obligations of participants in the distance working process, but they could not take into account all the features of such work. Despite the fact that Ch. 49.1 was introduced into the Labor Code of the Russian Federation back in 2013, special interest in remote work arose against the backdrop of the COVID-19 pandemic, when remote employment became a factual constraint for many employers. This has led to accelerated reform of the regulatory framework relating to distance working, with the aim of adapting legislation to changing working conditions. The introduction of new rules and regulations made it possible to more accurately regulate labor relations in conditions of distance employment, taking into account the peculiarities of work processes. The conducted research allowed us to conclude that it is necessary to further improve labor legislation in the field of legal regulation of distance working.

Public calls for Committing Acts of Terrorism, Public Justification of Terrorism and Propaganda of Terrorism: Correlation of the Concepts

Maria Starodubtseva — Tue, 01 Apr 2025 00:00:00 +0700

The article presents a study of the correlation between the concepts of "public calls for committing acts of terrorism", "public justification of terrorism" and "propaganda of terrorism". The purpose of the article is a terminological analysis of the categories contained in Art. 205.2 of the Criminal Code of the Russian Federation, their correlation and expression in law enforcement.

For the terminological analysis, the author considers the chronological sequence of amendments made to Art. 205.2 of the Criminal Code of the Russian Federation.

Further, an analysis of each act of the objective side used in the compositions of Art. 205.2 of the Criminal Code of the Russian Federation is carried out by considering the definition of the term in the note to Art. 205.2 or the interpretation of the term given by the Supreme Court of the Russian Federation. The author provides a doctrinal interpretation of the terms "public calls for acts of terrorosm", "public justification of terrorism" and "propaganda of terrorism" from the criminal-legal, criminological and linguistic points of view. The terms "ideology", "inducement" and "persuasion" used in the literal and official interpretation of Article 205.2 of the Criminal Code of the Russian Federation are considered separately; inconsistency in the application of the terms "inducement" and "persuasion" is noted. The author provides information on the analysis of case materials under Article 205.2 of the Criminal Code of the Russian Federation, noting that convicts do not distinguish between radical ideologies and acts of the objective side of Article 205.2 of the Criminal Code of the Russian Federation, whereas according to the meaning of the law, this crime can only be committed with intent malice. The Plenum of the Supreme Court of the Russian Federation notes that a comprehensive psychological and linguistic examination of cases of this category can be appointed in necessary cases; however, based on the conducted terminological analysis and analysis of law enforcement practice, the author notes the need for mandatory conduct of this examination in each specific case.

Discourse of Fraud (Discursive Personality, Discursive Emblems, Characteristics of Discourse of Fraud)

Lyudmila Tugai, Alexandra Mironova — Tue, 01 Apr 2025 00:00:00 +0700

Currently, as a result of the increase in the number of crimes committed using mobile phones, there is an increased interest in the speech of a fraudster and ways to influence the victim. The vulnerability of the population to unwanted communication increases the importance of studying the live speech of a fraudster. The article pays attention to fraudulent discourse, examines verbatim transcripts of phonograms. The source is materials of criminal cases initiated under Article 159 of the UKRF – Fraud. Discourse of fraud is considered as a synthesis of discourses. The main discourses that contributed to the formation of discourse of fraud are commercial, expert (professional) and emotional. It is worth mentioning that this list is not exhaustive and can be supplemented. The concept of a discursive personality in discourse of fraud is revealed - it is a social and communicative phenomenon that is formed in the process of interaction between a fraudster and their victim, based on social expectation and exploiting a vacuum in collective experience, as well as based on socio-cultural factors (the level of trust in financial organizations and government representatives). Its key aspects are outlined. One of the possible approaches to the interpretation of discourse is the linguistic and semiotic commentary of discursive emblems. The concept of a discursive emblem is revealed and examples are given. An attempt is made to characterize discourse of faud from the point of view of sociolinguistic, pragmalinguistic and performative approaches to the description of discourse. The study of discourse of fraud from the perspective of sociolinguistics allows us to characterize its system-forming features: purpose, participants, concept, values, communicative strategies, genres. The types of communicative tonality (friendly, mentoring, commanding) and the performative aspect of discourse of fraud (manipulation) are defined.

An Approximate List of Modi Operandi: Insight into Technical and Legal Solution (On the Example of the Disposition of Part 1 of Article 150 of the CCRF)

Aydar Sungatullin — Tue, 01 Apr 2025 00:00:00 +0700

The article concentrates on the study of such a technical and legal solution as approximate list of modi operandi. The author considers the wording used to reflect the modus operandi in the criminal law in general. In addition, using specific examples, the author explains the significance of fixing the modus operandi in the disposition of the main and within the framework of the qualified composition of a crime. Using the example of the wording "in another way" specified in the disposition of Part 1 of Article 150 of the Criminal Code of the Russian Federation, attempts to understand the justification for an approximate list of modi operandi. It was revealed that the approximate list of modi operandi in the current criminal law, in addition to the above wording, is also indicated by the phrases "in another socially dangerous way", "in another illegal way" and "other illegal actions". It is stated that the technical and legal solution under study can indicate the modus operandi as a mandatory element of the actus reus of a specific crime only from the position of the legislator’s understanding of the most typical variations for this crime. It is noted that the enumeration as one of the techniques of casuistic exposition is usually used to limit judicial discretion. But in cases with an approximate list of modi operandi, this goal is not achieved. As a result of this research, the author comes to the conclusion that the technical and legal solution in question is nothing more than a legislative mistake, because it has no practical significance. Moreover, this solution creates practical and theoretical problems. The last conclusion is based on an analysis of materials from judicial practice and the works of researchers in the field of criminal law. It is proposed to exclude all the above specified formulations from the text of the criminal law, as well as the list of modi operandi in the articles where these formulations are used.

Values of Contract Law Discourse and Their Types

Irina Kovalevskaya — Tue, 01 Apr 2025 00:00:00 +0700

The article discusses the relevant issues in respect of the analysis of the contract law discourse values. The theoretical relevance of the research is due to the demand for the results of the integrative understanding of the problems within the scope of the axiological linguistics and the axiology of law studying the values of discourse, on the one hand, and of the legal values themselves, on the other hand. The author proposes the solution to these problems by analyzing of the value content of such basic linguistic cultural concepts of contract law discourse as «property», «work», «services» and «money». These concepts are representative of the benefits that constitute the object of a contract and they are related to the fourth level of the law values hierarchy.

The Belarusian companies and organizations’ contracts for the provision of services were selected and considered to identify the value specifics of the concept «services». The comprehensive conceptual and discourse analysis of the documents has made it possible to identify the values they are based on. In accordance with the current legal and regulatory acts in the Republic of Belarus the legal, ethical and pragmatic types of the values reflected in the contract law discourse were distinguished and their essence was disclosed.

To identify the value specifics of such a concept as «services» the Belarusian companies and organizations’ contracts for the provision of services were selected and considered. The comprehensive conceptual and discourse analysis of the documents has made it possible to identify the values they are based on. In accordance with the legal and regulatory acts that are in force in the Republic of Belarus the legal, ethical and pragmatic types of the values reflected in the contract law discourse were distinguished and their essence was disclosed.

Neologisms in the Sphere of Contract law: Linguo-Legal Aspects

Tatyana Kazanina, Ekaterina Kuznetsova — Tue, 01 Apr 2025 00:00:00 +0700

The article covers the study of semantic, structural and functional features of neol-ogism terms used in contract law to denote various types of payments and lease of vehicles. The rapid development of technology and engineering has led to the emergence of new forms of implementation of contractual legal relations. Moreo-ver, the nomination of these forms is carried out through borrowed terms. The arti-cle attempts to conduct a linguistic and legal analysis of some English-language terms widely used in everyday life of citizens: cash back, annuity payment, car sharing, kick sharing, bike sharing, scooter sharing, ride sharing. The methodolog-ical basis of the study is represented by general scientific methods and techniques (comparison, description, classification, etc.), as well as methods of structural and semantic analysis (component and distribution analysis), contextual analysis, defi-nitional analysis. The sources of language material are the texts of regulatory legal acts, documents of judicial practice, scientific works in the field of linguistics and jurisprudence, publications in the media, reference literature. Examples of linguistic implementation of neologism terms in official business and scientific style texts are presented. It is revealed that the considered neologisms have significant derivation-al potential - compound terminological units are formed on their basis. The possi-bilities of replacing short foreign-language terms with constructions of a complex analytical structure are analyzed and the expediency of such transformations is as-sessed. Conclusions are made about the need to adopt measures at the state level aiming at regulating the process of using foreign-language vocabulary, as well as that further development of the language of civil law in the sphere of contractual relations should be linked with the codification in legislation of neologism terms denominating various types of payments and rent.

On the Concept and Attributes of Family Business (Family Entrepreneurship) in the Context of Legal Regulation

Elena Titarenko, Tatiana Filippova — Tue, 01 Apr 2025 00:00:00 +0700

The article draws attention to the category of «family business» (family entrepreneurship) which has become widespread in the economic and legal literature at the mundane level and requires its enshrinement in the current legislation. For appropriate legal regulation it is necessary to more clearly identify the essence, define the concept and name attributes of such a socio-economic phenomenon as family entrepreneurship. Attention is drawn to the controversial nature of certain features named in the legal literature. Also the authors’ ideas about them are presented from the point of view of their critical analysis. The authors attempt to analyze the category of «family business» (family entrepreneurship) from the perspective of the ratio of private and public interest manifested in different ways in family and civil law. It is concluded that the priority of public interest over private in the process of doing business by subjects of family relations should be enshrined in law in a number of cases. It is stated that non-property interests in the family prevail over property ones that determines the conclusion about the special nature of relations between family members in joint business. The article describes the constitutive features of the category which allow concluding that special legal regulation of family business is necessary. A general analysis of the Russian Federation subjects legislation regulating certain relations between family members in business is presented. The article proposes a priority vector for the state and society for the development of legal regulation of relations in joint business. Problematic issues that have not been resolved at the legislative level are identified.

Forensic Linguistic Expertise: Evaluation of Probable Conclusion

Natalie Papoyan — Tue, 01 Apr 2025 00:00:00 +0700

The article concentrates on the possibility of using probable conclusions of forensic linguistic expertise in the process of proving. The problem of the admissibility of the expert's report with a probable conclusion is of topical character and has two possible solutions, neither of which is established in the legislation. The author makes a comparative analysis of the terms "probable" and "probabilistic" expert conclusion. It is suggested that the term 'probabilistic conclusion' should be used for expert testimony in regards to natural science and technology, i.e. in cases where a quantitative assessment of the probability of this or that event is possible. The term "probable conclusion" is appropriate for forensic studies in regards to humanities. It is indicated that the expert's probable conclusion should be substantiated in the research part of the expert report. The grounds on which the linguistic expert reaches a probable conclusion are analyzed. When assessing a forensic linguistic expert report with a probable conclusion, the law enforcement agency should not automatically consider this evidence inadmissible. The reasoning part of the expert's report should be examined, the grounds for the impossibility of giving a categorical answer should be identified, and the expert's conclusion should be compared with other evidences in the case.

Means of Expressing Causality in Russian and English Legal Texts

Ekaterina Degtyareva, Nadezhda Kalmazova — Tue, 01 Apr 2025 00:00:00 +0700

The article concentrates on the study of means of expressing causality in Russian and English legal texts. Legal texts are characterized by the use of different means which serve logical cohesion. Structures with semantics of reason are frequently employed. The sources for the research are Russian and English textbooks on Civil Procedure. Aanalysis of the lexical and grammatical means of expressing causality in Russian and English has been carried out. The article considers functional words and notional words with causative meaning. In both languages the category of notional words with causative meaning is represented mostly by verbs. Nouns with causative semantics are used less often. Function words denoting causality in Russian include derivative prepositions and conjunctions. In English function words include conjunctions and less frequently ˗ prepositions. The paper also examines non-finite verbs expressing causal relationship: adverbial participles in Russian and gerunds in English. Set phrases are registered as a means of expressing causality too. The means of expressing effect have been singled out. Apart from complex sentences with subordinates of cause there also exist complex sentences with syncretic meaning of cause. They are mostly sentences expressing both cause and explanation or cause and condition. The frequency of use of particular means with causative meaning depends on a particular language. Prepositional constructions with causal meaning are typical of Russian legal texts, while complex sentences with adverbial clauses of reason are common in Legal English.

Evaluation of Methods for Analyzing Semantic Ambiguity of Vocabulary and Text

Anna Irkova — Tue, 01 Apr 2025 00:00:00 +0700

The article considers semantic ambiguity, tension in relation to potential development of conflictological risks. The classifications of methods and techniques for studying the semantic ambiguity of vocabulary and texts are analyzed in order to identify the most effective ones. A literature search conducted in August 2023 made it possible to consider published scientific articles and publicly available information on the category of semantic ambiguity. The chronologic coverage of the works that were involved in the analysis of scientific research in this area covers seven years (2016-2023). The databases used are Scopus, Google Scholar, eLibrary.Ru articles. The methods of analyzing semantic ambiguity that are relevant for modern translation linguistics are shown. Among the traditional methods, the following stand out: 1) lexical and semantic analysis of texts, individual lexemes and phrases; 2) experiments, surveys and tests with further interpretation of the data obtained. It has been revealed that the most acceptable modern methods for identifying semantic ambiguity are the following: 1) conceptological techniques; 2) linguacognitive and discursive approaches; 3) analysis of cognitive metaphors, structures, propositions, etc.; 4) content analysis; 5) analysis of intentions; 6) the use of computer programs, neural network methods for studying ambiguity, including the use of reverse machine translation, comparison of texts for similarity. The study of existing methods for analyzing semantic ambiguity enriches the understanding of this phenomenon. The prospects for the work lie in conducting studies of semantic diffusion, which are associated, firstly, with the expansion of the material; secondly, with establishing the degree of comprehensibility and (or) incomprehensibility of the text for readers, law-abiding citizens.

Category “Virtual Territory of the State”: Concept and Elements

Anna Kanakova — Tue, 01 Apr 2025 00:00:00 +0700

The article discusses the category “virtual territory of the state”. The author considers the correctness of applying the characteristic “virtual” in comparison with the terms “informational” and “digital” already available in the legislation. The article substantiates the impossibility of recognizing the “state territory of the Russian Federation” as a legal offline analogue for the “virtual territory of the state”, which predetermines the impossibility of substantive expansion of the already established category. The text of the article identifies two elements from which the virtual territory of the state is formed: the space of certain sites on the Internet (state sites, sites in the Russian domain zone, other sites whose owners have expressed a desire to operate in accordance with Russian legislation, etc.) and the zone in the virtual space formed as a result of the actions of a subject specially designated in the law. Alongside the second element of the category under consideration, the author substantiates the need for its definition through the prism of the right to entrepreneurial and other activities not prohibited by law, as well as the legally established obligation to pay taxes. Based on the results of the research and analysis of current Russian legislation, the author concludes that economic activity in virtual space does not create a new digital right, but indicates the need to transform the already established economic legal entitlement as part of the digitalization process. At the same time, the domain (“virtual territory of the state”), in which the implementation of transformed legal provisions is supposed to be realized, has no offline analogues in the current Russian legislation and requires separate regulation taking into account the essential features of the phenomenon under consideration.

The Imposition of Criminal Penalties for Crimes Committed under State of Martial Law: Overview of International Standards

Olga Maricheva — Tue, 01 Apr 2025 00:00:00 +0700

The article investigates the acute problems of imposing criminal penalties for crimes committed under the state of martial law or armed conflicts with regard to the compliance with international standards. Various approaches to strengthening the independence, objectivity and universality of the norms of international criminal law, increasing their compliance with the interests of the entire world community are analyzed. Emphasis is placed on the need to respect guarantees of procedural rights of the defendants even under the state of martial law or in armed conflicts. The protection of the rights of vulnerable groups such as women and children in detention is also addressed. The novelty of the paper is a comprehensive approach to analyzing international legal standards on the application of criminal law measures in armed conflict. Particular attention is paid to expanding the criteria for identifying and documenting the individual characteristics of victims of crime, as well as developing an investigation methodology for the integrated consideration of their personal, physical, social and functional characteristics. This will make it possible to more effectively take into account the specificity of the impact of the here above on certain categories of victims and ensure their full legal protection. The problems of improving the legal protection of individual human rights for the purposes of prevention and punishment of crimes are revealed, gaps in international legislation are studied. The interrelation of individual and group approaches to the qualification of relevant acts is analyzed; the necessity for developing methodological recommendations and possibilities for improving the conceptual and categorical apparatus of international legal acts is grounded. The conclusion is made about the importance of an integrated approach combining the development of conceptual and categorical apparatus, investigative methodology, legal guarantees and mechanisms of interstate interaction to build confidence in international criminal law and increase the effectiveness of its application. The key conclusions of the article may be of interest to scholars and practitioners of international law, criminal law and procedure.

Sociolinguistic and Normative-Stylistic Methods of Analysis of Legal Terms (on the Example of Uzbek and English Languages)

Sunnatullo Khujakulov — Tue, 01 Apr 2025 00:00:00 +0700

The complex relationship between language and law is a focus of sociolinguistic research, particularly in the study of legal terminology in different linguistic communities. Traditional sociolinguistic and normative-stylistic methods of analyzing legal terminology in the context of the Uzbek and English languages play a significant role in understanding the complexity of legal discourse. This article explores the historical context, key figures, illustrative examples of Uzbek and English legal terms, influencers, perspectives and possible future developments in relation to this area of research. This study of language and law has become an area of growing interest for linguists, legal scholars and policymakers. The use of language in legal contexts is very concrete, precise and sometimes incomprehensible to the subject. Legal language is used as a way of expressing laws, regulations, rules and contracts, and its interpretation can determine the outcome of legal disputes, influence public policy and create social norms. Sociolinguistics, as it pertains to the legal context, encompasses not only the vocabulary used in legal frameworks, but also how cultural nuances shape these terminologies. Normative-stylistic analysis further enriches this study by highlighting the stylistic choices that influence clarity, persuasiveness, and authority in legal discourse. When we compare Uzbek and English legal terms, it becomes evident that cultural influences significantly affect the development of these lexicons. Methodological approaches to the analysis of legal language reveal both similarities and divergences between the two languages, and address the challenges inherent in translating complex legal concepts across language boundaries. The article reveals the need for a comprehensive study of the sociolinguistic and normative-stylistic method of analyzing and studying English and Uzbek legal terms in order to develop a common system of legislative language.

Legitimate Professional Activity of a Medical Worker as Part of Obstruction to Medical Aid (Art. 1241 of the Criminal Code of the Russian Federation)

Ekaterina Glebova — Tue, 01 Apr 2025 00:00:00 +0700

The article discusses the qualification of the lawful professional activity of a medical worker to provide medical care as part of the crime, responsibility for the commission of which is provided by article 124¹ of the Criminal Code of the Russian Federation. Attention is drawn to the presence of certain difficulties in the interpretation of this norm of the domestic criminal law by law-enforcers, which is due to the need to refer to special legislation regulating relations in the field of health care, which is not adapted for the purposes of the criminal law. For the proper application of the mentioned criminal-legal norm on the basis of the analysis of the current legislation in the sphere of health care the characteristic features of medical aid are highlighted, in particular, special attention is drawn to its manifestation in a complex of actions of assertive accomplished character which presuppose continuous contact of the type «medical worker-patient»; focus on maintaining and (or) restoration of the patient's health; entitlement to be performed by persons who meet certain requirements (validity of education, letter of certification, employment (work) in a medical organization, presence of job duties allowing implementation of medical activity); compliance with the requirements of accessibility and quality, which implies compliance with the procedures, standards, clinical recommendations for the provision of medical care. The direct connection between the highlighted characteristic features of medical care and the qualification of the deed as criminal obstruction of medical care is reflected. Here has been discussed the legal character of the professional activity of a medical worker in the provision of medical care upon obtaining in the proper form the consent to medical intervention from the patient or their legal representative.

Law, Probation, Justice: in Honor of Maksim Rostislavovich Geta

Kuat Rakhimberdin — Tue, 01 Apr 2025 00:00:00 +0700

Discrediting the Military Action of the Armed Forces of the Russian Federation in the Zone of the SMO: on One Expert Case

Olga Zhuravleva, Natalia Perminova — Fri, 27 Dec 2024 11:51:55 +0700

It is oral and written speech products that tend to become the object of study of forensic experts who examine information materials. However, due to the increasing complexity of expert tasks, signs of other semiotic systems can be subjected to semantic research. The article represents an attempt to analyze the meanings expressed in the images of state awards. The peculiarity of the study is determined by the polymodality of these texts, their intertextuality (the need to involve the historical context in the analysis), as well as by the special speech function of the texts - their sarcastic focus. The negative meaning formed by the listed means is important in light of the legislation prohibiting public discrediting of the Armed Forces of Russia.

Expression of Animosity and Disparagement in Internet-Memes as Humorous Creolized Texts

Taisiya Kasharina, Elvira Baturina — Fri, 27 Dec 2024 00:00:00 +0700

The article discusses verbalization of the meaning of terms ”animosity” and “disparagement” in creolized texts of humorous nature through case-study of Internet-memes. The article explains the meaning of notions ”animosity” and “disparagement” in terms of their legal understanding in the Russian law and in the scope of forensic linguistics. Particular qualities of Internet-memes as creolized texts are described: specific features of verbal elements (intertextuality, rhyme) and non-verbal elements (icons, indexes, symbols), means of creating a comic effect (grotesque, metaphor, antithesis), as well as the presence of at least two illocutionary goals: to cause laughter and to inform a recipient about negative qualities of a certain group of individuals. The article describes linguistic manifestations of the meaning ‘’animosity’’(a negative portrayal of qualities or behavior of a group of individuals or its representatives, describing them as posing a threat, approval of unlawful or violent actions against them) and “disparagement” (assertion of “inferiority’’ of a group of individuals, who are considered to be “the others’’). Apart from that, the degree of verbalization of these negative components of meaning is considered. The article provides conclusions about the specifics of linguistic analyses of such texts, outlines topics for further research.

Distinctive Features of Forensic Linguistic Examination of Modern Media Text

Elena Galyashina — Fri, 27 Dec 2024 00:00:00 +0700

The article explores the features of forensic linguistic analysis of media texts, which is one of the most popular areas of research in the field of linguistics and law. It proposes to consider forensic examinations of media texts as a specific type of expert research, whose specificity is due to the heterogeneous semiotic nature of media texts and the role of expert opinion as evidence in legal proceedings. This determines special requirements for media texts as objects of forensic analysis, as well as the methods and techniques used to analyze them, and the skills of linguistic experts needed to address issues related to establishing the form and content of statements in mass com-munication, which are sources of criminal information. The article also discusses the correlation between specialized philological (linguistic) knowledge and legal knowledge in the context of fo-rensic analysis of media text. The author draws attention to the specific nature of the Internet me-dia texts, which include both verbal and non-verbal elements, collectively forming a semantic ori-entation in the semiotic space of interactive communication. These texts can be seen both as prod-ucts (traces) of human activity, containing potentially valuable information, and as artificial texts generated by artificial intelligence technologies. The article emphasizes that specialized linguistic knowledge cannot be limited to interpreting the definitions of individual words in dictionaries. Instead, it requires an understanding of the nature of media texts, combining semiotically diverse elements into a unified semantic space. This understanding also involves the ability to address ex-pert issues using a multi-modal approach to analyzing heterogeneous codes (text, image, sound). It is concluded that it is essential to develop a new approach to training linguistic experts in the field of studying media texts of both natural and artificial origins.

The Symbiotic Nature of Destructive Discourse in Respect of Linguistic Expertise

Alexander Dziadzinkin — Fri, 27 Dec 2024 00:00:00 +0700

The article discusses the nature of destructive discourse in respect of linguistic expertise. Discourse is defined as a text corpus, fragments of which have semantic convergence and intertextual connection, expressed by special pragmatic and semantic markers. It is concluded that the study of controversial texts as elements of a particular discourse must be carried out within the framework of the pragmasemantic paradigm. To do this, the expert must determine the influence of pragmatic factors on the nature of the conveyedmessage, as well as identify lexical and semantic means that were used to implement communicative tasks. The asset of this approach is in taking into account such specific properties of discourse as intentionality, interactionality and social conditioning. It is established that destructiveness is the most important category that defines the pragmatics of discourse. The article defines the content of the category "destructiveness" in the scope of philosophical concepts, considers the factors of destructive behavior from the point of view of physiology and genetics, defines the mental and socio-cultural foundations of destructiveness. In relation to legal linguistics, the author understands destructiveness as a characteristic of discourse, in which the addressee uses conflictogenic speech technologies that provoke the addressee to illegal actions. Accordingly, destructive discourse is a special type of discursive practice, where the subject of speech generation is a delinquent linguistic persona, and the product is a conflictogenic text corpus, the content of which has signs of illegality. Destructive discourse has a symbiotic nature and is implemented within the framework of religious, ethnic, racial, political and other discourses. When studying controversial texts of various types of discourse, experts primarily identify statements containing offensive nominations and public calls for violent actions against representatives of other races, ethnic groups, faiths, as well as markers of propaganda of exclusivity, superiority or inferiority of citizens on one or another basis.

A Language specialist as a Subject of Law Enforcement

Vitaly Kuznetsov — Fri, 27 Dec 2024 00:00:00 +0700

The article concentrates on a language specialist and their procedural status in the Russian legislation. The responsibilities of a language specialist are considered in accordance with the procedural legislation and stated as providing technical and scientific (advisory) assistance to a law enforcement officer. The specificity of such assistance is shown based on the nature of special knowledge. Special attention is paid to the issue of the procedural status of the expert's opinion, its difference from the expert's conclusion.

Conflict-Inducing Potential of Public Interviews

Elena Savochkina — Fri, 27 Dec 2024 00:00:00 +0700

The article discusses conflict-inducing potential of public interview. It is the case study of the interview of Martin Bashir with Diana the Princess of Wales in November 1995, and the interview of Oprah Winfrey with Prince Harry and Meghan Markle in March 2021. The study proved that both interviews were indirectly intended for communication with the British royal family, when conflictogens were introduced to induce a conflict situation which brought forward and deepened the misunderstanding within the family. The transcript analysis made it clear that both interviewers applied the same conflictogens: negative assessments, personal attacks, addressing vulnerable topics. The reply speeches are characterized with the conflictogen of open or disguised blame. Thus, it can be stated that conflict-inducing potential of public interviews is charged with stimulating conflictogens in the utterances of interviewers: firstly, addressing vulnerable topics; secondly, negative assessments, personal attacks. These conlictogens are realized through the following speech strategies: topic control, assessment, making it intimate, and, to a smaller degree, making it a bit of carnival. The reply conflictogens present in the speech of the interviewed are represented by blames and, sometimes, bantering of a partner. The major speech strategy of all interviewed is negative assessment as manifestation of emotions. At language strata it is mostly represented with evaluative lexical units, metaphors, metonymies, epithets, parallel constructions, rhetoric questions and repetitions.

Expert’s Methods of Text Plagiarism Detection

Elena Novozhilova — Fri, 27 Dec 2024 00:00:00 +0700

Text borrowing (plagiarism, copy-paste) often causes conflicts, and sometimes a conflict can unfold in a lawsuit. But until now, courts have not had a working tool that would confirm the borrowing with the same accuracy as, for example, identifying firearms with a gunshot residue test, identifying fingerprints, or establishing the cause of death. This article presents the first-developed standard methodology for the forensic detection of text borrowings. The methodology is based on the fundamental principles of forensic identification and the outcomes of revising certain theoretical concepts in forensic speech studies (in particular their object). It is the simplest, basic one; it has restricted application and is intended to examine copy-paste in interrogation and confrontation protocols. The article outlines the general criminalistic essence of borrowing, characterizes expert task and objects, describes the step-by-step sequence of expert actions (including quantitative mathematical evaluation of the results), and indicates the rules for formulating and substantiating the conclusion. Forensic linguists can use it directly in their practice (forensic authorship examination). Furthermore, the methodology can form the basis for future methodological advancements in detecting plagiarism and copy-paste in more complex manifestations: scientific, artistic, publishing plagiarism, borrowing of a mixed textual-non-textual nature, using artificial intelligence (AI), borrowing when creating derivative speech objects, etc.

Concerning Criminalistic Diagnostic Complexes in Forensic Linguistic Expertise

Konstantin Brinev, Mariya Kulikova — Fri, 27 Dec 2024 00:00:00 +0700

The authors consider the existing concepts of diagnostic complexes in linguistic expertise and come to the conclusion that such diagnostic complexes are of a criterion-evaluative nature, and examinations conducted according to them are reduced to making legal evaluations, rather than establishing facts, which is the purpose of forensic examination (both in procedural and research aspects). The article raises the problem of the reasonableness and correctness of the use of criminalistic theories in linguistic expertise. It was established that there is a contradiction between diagnostic complexes in linguistic expertise and the theory of criminalistic diagnostics. The latter is founded on the scientific principle of obtaining knowledge about some facts using knowledge about other facts. In the authors' opinion, expert diagnostics in linguistic expertise should be based rather on knowledge about the facts and phenomena of reality described in linguistic theories, rather than on evaluation criteria. The authors present argument to the thesis that methods founded on linguistic theories should be developed, rather than those founded on interpreting linguistic facts in the light of legal norms.

Academic Boycott of Israel by Universities in Africa, Asia and Latin America: Analysis of Political and Legal Discourse

Anton Vasiliev, Mark Shugurov , Yulia Pechatnova — Fri, 27 Dec 2024 00:00:00 +0700

This study is aimed at determining the specifics of the content range of the political and legal discourse of academic institutions in Africa, Asia and Latin America, which focuses on the academic boycott of Israel. The study consistently reveals as part of event analyses the specifics of the response of university communities in the states of these regions to the events of the Palestinian-Israeli conflict of 2023-2024. As the study showed, in the states of Africa, Asia and Latin America, the political and legal understanding of the boycott is tied to the academic, mainly university environment and, with the exception of South Africa, is not shared by official authorities in regard to the legality and effectiveness of the academic boycott. In general, the range of attitudes is represented by pursuance of break in relations, suspention or, on the contrary, maintaining academic ties with Israel. While the official political and legal discourse of the academic sector of South Africa, as well as Latin American countries, includes all three attitudes, only the third one is characteristic of India. In this regard, the anti-Israeli academic boycott as a social movement of global nature is not absolute at the level of institutional decisions. In addition, there are no decisions taken at the intergovernmental level regarding academic cooperation.

Legal Memory: the Problem of Definition and Correlation with Other Legal Concepts

Anton Vasiliev, Yuri Zelenin — Fri, 27 Dec 2024 00:00:00 +0700

The article covers the study of the problem of defining the concept of “legal memory” and its place in the nomenclature of legal science. The authors come to the conclusion that in the domestic legal science there is no universally recognized definition of the concept of “legal memory” (similar concepts of “socio-legal memory” and “judicial memory” are used less frequently). It is most often defined through such concepts as “legal tradition”, “legal continuity”, “legal experience” and is considered part of social or collective memory, legal culture and legal practice.

Dogma Language: the Signifier and the Signified

Vladimir Volfson — Fri, 27 Dec 2024 00:00:00 +0700

The linguistic essence of legal text is in itself a respected theoretical topic in jurisprudence. At the same time, the methodology of its reading, which is the main, namely analytical function of applied jurisprudence, directly depends on how the language of positive law is understood. Both of these seldom emerge as the object of the Russian scholarly research.

As a result, the domestic doctrine sees little competition between theories and lack of relevant discussion on this issue. Meanwhile, there are hardly any other are-as of legal knowledge where saving on theory would be so detrimental to practice. While experience-based skills, when applied to most sectoral problems, may com-monly conceal doctrinal illegibility in simple cases and provide an acceptable level of law enforcement, the language of dogma, with lack of attempts of its compre-hension, causes a direct effect on justice and legal understanding.

In this article, which has become a revised “recension” of the work created in 2011 - 2012, the author offers his understanding of the nature of a legal text. He also identifies its essential properties, referred to as axiomaticity, verification au-tonomy, unambiguous intelligibility. In the course of this study he discusses state-ments that form legal rules in terms of “signified” and “signifier”, the concepts in-troduced into linguistics by F. de Saussure. The practical results of this theory are, firstly, the principle of construing the Signifier which the author calls “the formula of logical certainty”, and secondly, defined by this formula, the hierarchy of pat-terns to signify a legal text, or, to put it another way, of methods to verify judg-ments about the dogma.

Interaction of Language and Law as one of the Aspects of Legal Technique

Olesya Zatsepina — Fri, 27 Dec 2024 00:00:00 +0700

The article covers the study of the peculiarities of the interaction of the language and the law, based on the need to comply with the requirement for the clarity of the text of regulatory legal acts as one of the main rules of legal technique. The main features of the language of law in various periods of historical development are highlighted. It was established that in the pre-revolutionary period the language of law was characterized by professionalism and a high level of culture, but due to this, it was inaccessible to understanding by ordinary citizens. The Soviet period was marked by the slogan-like nature of the legal language, but at the same time by its brevity and thoroughness, as well as the functionality of the preamble as an element of a normative legal act. In addition, during this period, legal technique was actively studied as an independent branch of legal science, despite existing opinions that it is alien to the proletariat. The current stage of development of language and law is called recessionary. There is a significant increase in the number of regulatory legal acts designed to solve new problems, but which in fact complicate legal regulation due to contradictions with previously adopted acts and complex language structures. Among the noted positive aspects of the modern period is defense of the Russian language as a state-forming factor against excessive borrowing of foreign terms is. It is concluded that in each considered period of the development of the law and the language, positive and negative aspects can be identified, since the language of law reflects the characteristics of the socio-political situation. In accordance with the cyclical pattern of historical development, after a crisis there is always a rise, which needs to take into account the positive experience of those periods of development.

Linguistic Features of Legal Texts

Elena Zorina — Fri, 27 Dec 2024 00:00:00 +0700

The article concerns the study of universal professional-specific parameters for writing legal texts. The author notes that modern society needs the development of functional literacy, including the ability to draw up legal documents. This requires not only legal, but also linguistic knowledge. The characteristics of a legal document according of T.V. Kashanina are: regulation of social relations, basis on the rule of law, publication within the scope of competence, establishment of rights and obligations, generation of legal consequences, requirement of professional knowledge, availability of details. The article examines various linguistic means of the language of law: general linguistic (clarity, accuracy, conciseness), lexical, syntactic and stylistic. Particular attention is paid to vocabulary. The importance of consistent use of terms with clear meanings is noted. The features of the use of nouns and verbs in legal texts are given. It has been revealed that nouns can be used to list competencies (acceptance, approval, establishment, etc.), and verbs are used mainly in the active voice to focus attention on the subject of the action. The set of verbs depends on the type of document and scope of application. It is concluded that linguistic features make it possible to distinguish a legal text from a variety of documents. Legal language is considered difficult to understand, so it is important to maintain pattern and standardization when creating legal texts, while the style of statement and selection of vocabulary should ensure clarity for any reader. The scientific novelty of the study lies in the fact that for the first time, using the material of the Russian language of law, various features and errors of the legal text have been described and systematized. As a result of the study, it was established that the process of drawing up a legal text is complicated not so much by the lack of legal knowledge as by a lack of understanding of the rules for using the Russian language in law.

Criteria of Lawful Limitation of Human Rights in the Structure of This Institution as Part of General-Purpose and Sectoral Studies

Valentina Plokhova — Fri, 27 Dec 2024 00:00:00 +0700

The article proves that in connection with the amendments to the Constitution of the Russian Federation, the Federal Law “On the Constitutional Court of the Russian Federation”, and the adoption of the Federal Law of 31.07.2020 № 247-FZ “On mandatory requirements in the Russian Federation” the issues of assessment and explication of modern requirements for the constitutionalization of criminal law and its application have become acute. The criteria for such assessment are represented by the requirements of international and constitutional norms on the grounds, principles, limits, and conditions under which the limitation of rights is possible, and which are reflected in the resolutions of interstate bodies and the Constitutional Court of the Russian Federation. Some of them are directly and imperatively stated in these documents, some are not obvious enough, and some are given generic names. All of them require their interpretation and concretization. In the legal literature of different historical periods they are studied at different angles and are called differently: grounds, principles, limits, requirements, conditions, prerequisites, criteria, indicators. As a result of the study of methodological, general legal and sectoral literature it has been concluded that the use of this or that term, the definition of its concept depends on the type of research. In general-purpose research it is possible to use the term “condition”; for the development of an algorithm for assessing a normative act and its compliance with the Constitution of the Russian Federation (empirical research) it is more correct to use the term “indicators”. The purpose of the latter is evaluation, which is possible on the basis of a recognizable, specific characteristics. Therefore, it is more fruitful to use structural elements of the principles of law as a criterion of evaluation. The grounds for the limitation of rights and their legalization (legitimization) allow us to identify the primary, initial, basic, fundamental, major requirements - the criteria of lawful limitation of rights; they partially show the origins of the division of criteria of lawful limitation of human rights into formal and tangible. It is concluded that multi-criteria studies are more fruitful, although single-criteria studies deepen and supplement the first ones. Therefore, the use of the achievements of both kinds of studies considered in reference to criminal law, will make it possible to supplement the algorithm for assessing the criminal law (draft), its application for compliance with constitutional requirements.

Separation of Spontaneous and Non-Spontaneous Speech in Forensic Examination: Information Content of Features and Evidential Significance

Tatiana Sekerazh — Fri, 27 Dec 2024 00:00:00 +0700

The article discusses the problems associated with the establishment of such characteristics of speech as spontaneity – non-spontaneity and preparedness – unpreparedness. Attention is drawn to the elaboration of the problem in the academic domains of linguistics and psychology and very low extent of development in the domain of forensic examination. While characteristics of spontaneity and preparedness of speech are well-described, there is no scientifically based data on their informativeness and diagnostic significance. Moreover, there are no criteria for establishing the degree of preparedness of speech and rules for making an expert decision. This leads to inconsistency of conclusions. In addition, forensic research of oral and written speech in relation to its preparedness is associated with the requirement to ensure the comparability of the object and the comparative sample in order to obtain reliable knowledge about the author of the text (utterance) and the suitability of objects and samples for identification and diagnosis.

The problem of speech preparedness also includes doubts about the forensic and legal significance of establishing such characteristics of speech as spontaneity and preparedness when conducting a forensic linguistic or psychological-linguistic examination, since the preparedness of speech is irrelevant to the unreliability of the information reported and, on the contrary, spontaneous speech does not indicate the independence and reliability of testimony.

The Problem of Equivalence of Translation and Interpretation of Authentic Texts of the Agreement on Legal Assistance in Civil Matters (Madrid, 1990) in Russian and Spanish

Alexandra Fokina, Sofia Danilova — Fri, 27 Dec 2024 00:00:00 +0700

The article considers the problems associated with the imperfections of legal technique in the preparation of authentic texts of the current Treaty on Legal Assistance in Civil Cases, concluded between the USSR and the Kingdom of Spain in 1990, in Russian and Spanish languages. The relevance of the research topic is conditioned by the importance of ensuring maximum equivalence of the terms used in the texts of international treaties in different languages, which are equal in legal force, because the terminological contradictions embedded in them lead to the impossibility of forming a uniform judicial practice of interpretation of the Treaty by the courts of two states when solving the issue of recognition and enforcement of foreign judgments. In addition, the lack of equivalence of the terms used in the international treaty manifests itself in the formation of the practice of refusal to recognise and enforce foreign judgments, which contradicts the main objectives set by the States at the conclusion of the Treaty on Legal Assistance. Using the example of a specific decision of a Spanish court refusing to recognise and enforce a Russian arbitration court award, the authors examine the problem associated with inaccurate translation of a name of a Russian judicial authority into Spanish and propose their own translation to prevent Spanish courts from refusing to recognise and enforce Russian arbitration court awards. As a result of the study, the authors have established insufficient equivalence of certain lexico-grammatical units used in the Russian and Spanish versions of the Treaty in question, identified the problems of its application arising in this connection and for-mulated practical recommendations for clarification of terms in Russian and Spanish.

Discursive Strategies in Authorship Studies of Sexting

Svetlana Doronina, Irina Mursa — Fri, 27 Dec 2024 00:00:00 +0700

The article covers the description of expertise practice in the authorship study of sexting in order to solve identification problems. The existing research problems caused by the peculiarities of electronic communication are described. The study of orthographic and punctuation features of speech skills, as well as the study of syntactic structures do not provide reliable results of authorship. Therefore, the study of discursive strategies for conducting a dialogue is of great importance. The paper proposes a model for studying speech strategies and tactics of sexting, in particular, the tactics of self-presentation of the participant in the correspondence, the tactics of announcing the topic and persuasive tactics, ways of expressing key concepts of the dialogue and the assessments of the interlocutor. The listed features, according to the authors of the study, form a unique speech portrait of a linguistic personality, which has a forensically significant identification potential.

The Use of Digital Platforms as a Technological Basis for the Formation of Criminal Communities Ecosystems

Vitaly Polyakov — Fri, 27 Dec 2024 00:00:00 +0700

The article discusses issues related to the formation of digital platforms created by organized groups and criminal communities. It notes that such digital platforms operate on the Darknet, a shadow segment of the Internet that provides increased user anonymization through the use of specialized software tools and technologies. The important role of digital platforms in the development of new forms of organized criminal activity, based on network principles of management and interaction within social groups, is highlighted. The significant criminal advantages provided by the use of digital platforms in the commission of high-tech crimes—specifically, the use of specially created computer tools for remote access to objects of criminal encroachment by criminal groups—are analyzed. Based on the proposed conceptual framework, a qualitatively new phenomenon has been identified and described: the creation of ecosystems of criminal communities based on digital platforms. These ecosystems are network associations of separate autonomous criminal groups with different specializations, interacting with each other through information and telecommunication networks, while digital platforms serve as the technological foundation for the functioning of these ecosystems. The article considers the most significant factors that ensure a higher criminal efficiency of these ecosystems in implementing high-tech criminal activities compared to organized criminal groups with a traditional vertical hierarchical structure, as well as similar criminal groups with a network management structure. Finally, it describes the connection between the emerging ecosystems of criminal communities and the phenomena of globalization, expressed in the transnational nature of high-tech criminal activity, as well as the processes of glocalization of crime that have manifested in recent years.

On the Methodology for Analyzing the Quality of Judicial Translation in the Russian Federation

Elena Glushko, Valentina Orlova — Fri, 27 Dec 2024 00:00:00 +0700

The article concentrates on the study of possibilities for assessing the quality of court translation (both oral and written) using a methodology that takes into account the completeness of conveying the meaning of terminological and non-terminological units of the original message. The authors propose to improve the methodology in question for the purpose of its use in the daily practice of selecting translators and interpreters for prospective inclusion in the planned register of specialists in the field of interpretation and translation, as well as one of the stages of adequacy verification for translation performed (in those cases where it is necessary). The completeness of translation is determined by comparing the number and composition of propositions in the original and translated texts. In this way, an approximate quantitative and qualitative assessment of the amount of meaning that has been conveyed in the translation process is made. Since the procedure for establishing and consolidating the institution of court interpreters in the Russian Federation involves fulfillment of complex tasks at different stages over many years, it would be relevant to consider as early as now the optimal method of quality assessment that is not tied to a specific language or group of languages, testing the methodology on the most diverse linguistic material possible. The completeness of translation is most important in cases where the informative nature of the original text is complicated by expressive means characteristic of professional court speech, the employment of which is designed to create a pragmatic effect of the court event as a whole.

The current erratological and expert approaches do not allow achieving objectivity, universality of judgment about the quality of translation product in vital spheres of society's function which include court proceedings.

Russian Spiritual and Moral Values and their Criminal-Legal Protection in the 16th – 19th Centuries

Filipp Chirkov — Fri, 27 Dec 2024 00:00:00 +0700

The author traces the development of the system of officially recognized and publicly declared value orientations during the 16th – 19th centuries in Russia. This system was finally formed on the basis of the Stoglav, Domostroy, the Charter of Decency, as well as a set of legal norms aimed at protecting traditional values, and included the prescriptions of criminal and police law. Structurally, it included preventive norms and provisions on liability for religious crimes, crimes against public morals, sexual offences and family crimes. The author comes to the conclusion that an essential moment in the evolution of this socio-normative system by the end of the 19th century was the recognition of the value of the individual, his or her rights and freedoms, which largely predetermined the further development of the value system of society and its criminal-legal protection. The matter of protection and criminal-legal protection of traditional values and moral norms was recognized as a matter of national importance.

Establishing Authorship of Voluntary Appearance Text Composed with the Participation of Another Person

Екатерина Daylof — Tue, 01 Oct 2024 00:00:00 +0700

The article discusses the issue of the methodology for solving the expert task of establishing signs of drafting a text with the participation of another person in the scope of establishing authorship. Using a case study from expert practice there has been proposed a research algorithm, which includes successive steps of analytical research of the text, submitted for examination, comparative checking with sample texts, analysis and evaluation of the obtained results.

The Concept and Attributes of Economic Activity as an Object of Criminal Legal Protection

Anna Korennaya — Tue, 01 Oct 2024 00:00:00 +0700

Economic activity is an organizing category of Russian criminal law and a subject of study in various humanities. In this article, the author argues for the need to identify and interpret the autonomous criminal legal category of “object of criminal legal protection,” which is a basic element in the development of an effective criminal law and which is different in scope and content from the legal structure of the target of crime. Based on an interdisciplinary approach and analysis of theoretical principles of economic theory, sociology, philosophy, and legal sciences, the attributes of economic activity (economic motivation, active and multi-subject nature) are identified, which serve as social basis for the development of the concept of criminal legal protection of economic activity. Economic activity as an object of criminal legal protection is considered as a single structurized social relation (state of facts research) and as an object of primary legal control by positive branches of law (regulatory level research). This technique ensures the reliability of the conclusions and allows one to comply with the fundamental requirement for consistent legal regulation of similar social relations by various branches of law.

Category Reference of the Meaning in Linguistic Expertise on Terrorist Materials

Kristina Ushakova — Tue, 01 Oct 2024 00:00:00 +0700

This article considers the belonging of speech means to linguistic categories when performing linguistic expertise on terrorism materials (responsibility for which is provided by article 205.2 of the Russian Criminal Code) in order to consolidate in science the dominant approach to this issue, as well as to improve the effectiveness of the expert linguist work. The article introduces the concepts of "legal component", "linguistic component", proposed for consideration within the framework of forensic linguistics. The article contains the results of the analysis of the review of the existing scientific approaches to the definition of modality, the correlation between modality and evaluation, to the methodological side of the problem of searching for linguistic components in the text, as well as the result of the analysis of the review of articles related to linguistic expertise (including materials of terrorist/extremist slant) over the past ten years. The research part of the article correlates the "legal components" recorded in Article 205.2 and the "linguistic components" reflecting the category reference of the meaning. The article also provides a set of questions that are posed for linguistic forensic examination. Besides, the article contains the list of methods of linguistic analysis necessary for application in search of means of expression of modality, examples of means of expression of the discussed types of modality are given. The article also outlines the prospect of developing a detailed algorithm for analysing the most frequently encountered objects of linguistic expertise using these methods.

The Сorrelation of Legal and Linguistic Aspects of the Study of the Terms "Accused", "Defendant", "Convicted", "Acquitted" and their Word Denominations

Irina Kuznetsova , Vasiliy Skorev — Tue, 01 Oct 2024 00:00:00 +0700

The article discusses legal terminology in the respect of legal studies and linguistics. The paper focuses on the essential consideration of the word used as a legal term from the point of view of its lexical and syntactic relations and lexical meaning. The relevance of the study is due to the need for a clear distinction between related concepts that are key concepts in law: "accused", "defendant", "convicted", "acquitted". The characteristics of these terms is given in accordance with the classification, which is based on a multifaceted approach. An attempt is made to correlate these terms with the words-denominations used in the informal speech of lawyers. The authors conclude that the unprofessional use of established terms and their definitions in real situations of criminal proceedings of the indictment process may entail offense to honor and dignity of a person, violation of their rights as a citizen, as well as question the principle of presumption of innocence. In addition, according to the authors, the process of further humanization of criminal legislation is hampered by the lack of new procedural concepts and terms.

Physical Trespass to the Person: Concept, Types and Approaches to Description in the Criminal Code of the Russian Federation

Irina Anisimova, Sergey Zemlyukov — Tue, 01 Oct 2024 00:00:00 +0700

The article considers foundations of the doctrine of criminal trespass with regard to physical trespass to the person. Trespass to the person is defined as a violation of the rights and freedoms of an individual protected by the criminal law. It is shown that the specific manifestation of this criminal trespass depends on the nature of personal rights and freedoms infringed. Criminal trespass to the person is broken into types: physical, mental, other significant violation of fundamental human rights and freedoms and property trespass. The concept is clarified and the types of physical trespass are considered. Attention is drawn to the fact that physical trespass is limited to battery or harm caused to the human body. It is proposed to distinguish the following types of physical trespass: death, harm to health, bodily injury and depriving of freedom of movement. The concept and features of the description of death as a type of physical trespass in the criminal law are reflected. The signs and types of harm to human health are disclosed. In particular, it has been revealed that such harm consists in the impairment of human physiology relative to the state before the onset of pathology and is manifested in bodily injury (trauma), disease or medical condition. The diversity of ways of describing harm to human health in the Criminal Code of the Russian Federation is demonstrated. Attention is given to the criminal result of battery and torture. It is established that these violent crimes do not entail harm to health, but rather bodily injury. It is determined that physical trespass in the form of false imprisonment consists in the unlawful obstruction or deprivation of freedom from restraint of movement. The most important feature of such trespass, which should be taken into account in the Criminal Code of the Russian Federation, is that the severity of this crime depends on the duration of the unlawful deprivation of freedom of a person. Recommendations for improving the description of certain types of physical trespass to the person in the criminal law are offered.

Legal Regulation of the Term "Social Orphanhood"

Yekaterina Glyants — Tue, 01 Oct 2024 00:00:00 +0700

The article covers the study of existing approaches to the definition of the concepts of "orphanhood", "social orphanhood", "social orphan" in federal, regional and local regulatory legal acts. A gap existing in Russian legislation has been identified – the lack of a uniform definition of the concept of "social orphanhood". It is determined that the conceptual and categorical approaches used in normative legal acts do not have a universal character, which can lead to violations of the rights and legitimate interests of relevant entities. The available approaches to the definition of related concepts, such as: "orphaned children", "children left without parental care", "children in difficult life situations", are investigated, and terminological boundaries between them and the concept of "social orphanhood" are established. It is recommended to consolidate a single definition of the concepts of "social orphanhood" and "social orphan" in official domestic acts. For the purpose of victimological security and prevention of crime victims among minors, as the least protected category of citizens, the author's definition of the term "social orphanhood" and social differentiation of social orphans are proposed.

Functioning of the Phrase "Single Mother" as Part of Legal Language

Konstantin Saltykov — Tue, 01 Oct 2024 00:00:00 +0700

The research attention in the article is focused on the functioning of the phrase "single mother" as part of legal language. Competent layout and reading of a legal text presupposes that the meaning of a separate fragment corresponds to the meaning of the text as a whole, and the absence of discrepancies in the special vocabulary used. Legal language is represented by certain components of statements that have varying degrees of complexity. To denominate a woman raising a child alone, the phrase "single mother" is traditionally used in domestic legislation. In the recent past, a single mother was recognized as a woman who was, first of all, unmarried and did not live or lead a joint household with the child’s father. Currently, the semantics of this phrase has changed. At the same time, in sectoral legislation, synonymous vocabulary is used in parallel, the terminological characteristics of the phrase "single mother" are not fully formed, and its use in the absence of a legal definition sometimes leads to semantic aberrations and the actualization of the issue of introducing rather debatable vocabulary into legislative and law enforcement practice.

On Defining Entities of Criminal Law

Валентина Куфлева — Tue, 01 Oct 2024 00:00:00 +0700

The article considers the theoretical characteristics of entities of criminal law. It is noted that a balanced full-fledged theory of entities of criminal law is an important condition for the development of crime science and law enforcement practice. Having examined the theoretical and legal characteristics of the concept of “individual in regard to criminal law,” the author formulated several basic theses. In particular: 1) among the entities of criminal law should be ranked the state (as a federal entity) and the persons to whom penal prohibitions are addressed, regardless of the latters’ capacity to understand the content of the prohibitions and bear responsibility for the law violation; 2) entities of criminal law have equal legal status, due to which proportionate facilities to defend their own interests appear to be a prerequisite for their full participation in legal relations; 3) among the entities opposed to the state in the criminal law should be ranked natural entities, first of all, with open possibility for legal entities to be ranked there.

“Incitement of Hatred or Enmity as well as Abasement of Human Dignity” as Interpreted by an Expert Linguist

Larisa Korosteleva — Tue, 01 Oct 2024 00:00:00 +0700

The article considers defining the semantic boundaries of the legal concepts of “hatred”, “enmity”, “human dignity”, their interpretation in the context of forensic linguistic examination, as well as the description of speech acts that can be qualified as inciting hatred or enmity and abasement of human dignity. The relevance of this study is determined by the need, firstly, to specify the legal definition of the concepts of “hatred”, “enmity”, “human dignity”, which, although enshrined in legislative acts, remain very vague; secondly, to identify speech acts aimed at inciting hatred or hostility, as well as abasement of human dignity, which may fall under legal regulation. The interpretation of these concepts is ambiguous, their boundaries are blurred both in linguistic and legal understanding, which does not allow the linguist to give an objective assessment of the text and identify those speech actions that can be aimed at inciting hatred, enmity and abasement of human dignity. The concepts of “hatred”, “enmity”, “human dignity”, which are included in the content of article 20.3.1 Code of Administrative Offenses of the Russian Federation and article 282 of the Criminal Code of the Russian Federation, served as the material for the study. The work uses methods of formal legal analysis, description, comparison, and semantic analysis. The results of this study are related to the differentiation of the legal task that can be given to expert linguists, and the competence of the expert linguist, which should not be limited only to the description of certain linguistic features of the speech product submitted for research, but could also enable the law enforcer to establish the presence or absence of a crime in cases related to incitement of hatred or enmity, as well as abasement of human dignity.

Philological Approach to Interpreting Law: Problems of Multidimensionality at the Overlap of Legal and Philological Sciences

Yuri Abdullaev — Tue, 01 Oct 2024 00:00:00 +0700

The article considers the philological (grammatical, linguistic) approach to interpreting law as the primary one in the process of comprehending and clarifying the norms of law. It is noted that in the case of studying the philological approach to interpreting law and its application, the key tasks are to distinguish the linguistic and legal features, on the one hand, and to determine the common grounds and interpenetration, on the other. At the same time, this method of interpreting legal norms is of particular importance when considering complaints for defamation of character, which have become significantly acute recently. The multidimensional nature of the philological approach to legal interpretation is emphasized, resulting from the multiplicity of approaches to text analysis. The under research of the issue is due to the requirement for the researcher to possess both philological and legal competencies at the same time. Special attention is paid to the linguistic persona of the author of the legal text, a comprehensive study of which will make it possible to advance in the search for answers to questions fundamental to the appropriateness of law interpretation.

Gallicisms in Legal English

Olga Bredikhina — Tue, 01 Oct 2024 00:00:00 +0700

The article discusses the research of French terms in Legal English.

English has been influenced by French since the Norman Conquest in 1066. Although the Normans were fewer, they removed locals from governmental positions and introduced Old French as a language of the ruling class in England. Courts started to use so-called Law French in their pleadings and hearings – many terms of it are still in use in common law jurisdictions.

Law French introduced a huge number of words into English – fee simple, voir dire, fine, warranty, replevin, - just to name a few. It also influenced grammar (word order – fee simple determinable, fee simple defeasible, where an adjective comes after a noun), word building (suffix -ee, e.g. bailee, employee, trustee, etc). English borrowed many words though transforming them according to the English rules – interpleader and joinder have turned into interplead and join.

Nowadays we can talk about the reverse process, so-called Franglais, when English words are borrowed by French – neologisms from digital world – googliser, flashmob.

Causes of Crime in Pre-revolutionary Siberia in Texts of Political and Legal Doctrine of N.M. Yadrintsev

Alexander Golovinov, Yulia Golovinova — Tue, 01 Oct 2024 00:00:00 +0700

The purpose of this study is to identify and demonstrate the basic causes and factors of crime in pre-revolutionary Siberia in the texts of the political and legal doctrine of N. M. Yadrintsev. The work has been carried out on the basis of text study tools and hermeneutic methodology. The published works of the educator have been the subject of the analysis, presenting the political and legal narrative of the growth of criminal deviations in the Siberian region during the empire period.

The authors emphasize that the texts of the enlightener’s works were filled with deep legal, philosophical and socio-legal reflection on the causes and conditions of crimes of exiles, convicts and escaped vagrants in Russia and Siberia.

The article shows that the leader of the movement of Siberian regionalists considered that not only the growth of the number of exiled settlers served as one of the main criminogenic factors, but also ineffective and obscure amendments in criminal legislation. Also, according to N. M. Yadrintsev, waiver of imprisonment for some offenders inevitably gave rise to an increase in the number of exiles. Along with the increase in the number of criminal and political exiles, the requirements for criminal detection also became more complicated. All this had an extremely negative impact on the crime rate in the region.

The study established that, according to the political and legal heritage of the thinker, the growth of the vagrant population, numerous internal deportations, numerous convicts and faults in state penitentiary policy had negative impact on the causes of crime in pre-revolutionary Siberia.

On the Interpretation of Legal Norms

Olesya Kazantseva — Tue, 01 Oct 2024 00:00:00 +0700

The scientific research discusses a comprehensive analysis of the interpretation of legal texts that have their own specifics in comparison with ordinary ones, containing special legal terminology and laid out according to the rules of legal technique. The norms of law contained in normative legal acts are subject to interpretation, exclusively in accordance with other norms of law and taking into account the principles of legal science. The relevance of the research topic is determined by the fact that legal norms regulate relations arising in society and are addressed primarily to people. Due to the development of public relations, they need precise legal regulation and the creation of conditions for uniform law enforcement. Interpretation is a process of mental activity aimed at understanding the meaning of legal norms. A correct and unambiguous interpretation of the norms of law will allow not only to study them, understand their authentic meaning, but also to get into the spirit of law and its fundamental principles in general. The paper examines the concept of interpretation of legal norms, types and methods of interpretation, as well as identifies the peculiarities of interpretation by the body of supreme constitutional justice, the Constitutional Court of the Russian Federation, and notes its important role in ensuring uniformity of law enforcement. The presence of defects in legal acts requires reopening the issue of improving activities that allow correcting and replenishing the provisions of regulatory legal acts. The article analyzes approaches to the interpretation of legal norms, identifies problems of interpretation. Based on the results of the study, it is concluded that the correct interpretation of legal norms is necessary. For these purposes, the author proposes the use of different methods of interpretation in combination.

Active Longevity: Issues of Implementation Policy in Russia

Natalia Kalashnik , Elena Kiseleva , Inna Prasolova — Tue, 01 Oct 2024 00:00:00 +0700

The article examines the legal aspect of the concept of "active longevity". The relevance of the topic is emphasized, due to the increase in life expectancy, demographic aging of the population in the Russia, which entails a change in the socio-economic structure of modern Russian society. Today, senior citizens represent a significant social and age group in the Russian Federation. This brings about the necessity for the development of a national system of regulatory legal acts aimed at implementing the concept of active longevity. To achieve this goal, it is most important to resolve the issues of the need for legal consolidation of the concept of active longevity and determining the subjective structure of the concept of active longevity. For this purpose, an analysis of international acts on human rights, the concept of active aging is carried out. Using the example of Russian regulatory acts, the subjective structure is considered, to which the concept of active longevity applies. Еxamples of national concepts of active longevity in some foreign countries are given for reference. The conclusion is made that today there is no legal definition of the concept of active longevity in Russian regulatory legal acts, which is an obstacle for effective legal regulation to improve the standard and conditions of life of senior citizens. The authors note that it is advisable to specify the legal definition of the concept of active longevity by focusing on the quality of life of senior citizens. Such an approach will facilitate an objective assessment of the living conditions of the group of persons in question and the optimization of legal regulation of implementation policy in the interests of senior citizens (to meet the material and spiritual needs of the persons mentioned).

Interrogation of the Victim: Empathic оr Reflective Сommunication?

Lyubov Kiryushina — Tue, 01 Oct 2024 00:00:00 +0700

The article discusses the use of special methods of communication while conducting interrogation of victims: empathic and reflective communication. The definition of these methods of communication is provided. Grounds are given to the necessity of these methods of communication during the interrogation of victims. The types of victims of crime are distinguished. Victim psychological patterns influencing upon the investigation of crime are considered. The importance of empathic and reflective communication for credible evidence is estadlished.

Modern Determinant Complex of Extremism (Case Study of Legislation of the Russian Federation and the Republic of Belarus)

Ekaterina Sidorova, Timur Aliyev — Tue, 01 Oct 2024 00:00:00 +0700

This article considers the current determinants of extremist crime manifested in Russia and Belarus. The authors note that official statistics data indicate a tendency towards an increase in the number of detected and registered extremist crimes committed on the territory of these states. The increase in this type of crime is associated with many factors, including political, economic, and cultural ones. Present-day practice shows that extremist ideas are reflected in the society of various states, and since this phenomenon is characterized by certain features and peculiarities, in the framework of this study, the authors drew attention to the modern determinant complex of factors that induce extremism. At the same time, the study of the causes and conditions contributing to the manifestation of extremism in society is necessary not only for its sake, but also to develop effective measures to deter this negative phenomenon. And one of the methods of deterring extremist activity is to consolidate the norms of administrative and criminal liability for extremism in the legislation of a particular state.

On the Profession of Court Interpreter in Russia

Elena Glushko, Elena Pronina, Elmira Musaeva, Albina Gismatullina — Mon, 01 Jul 2024 00:00:00 +0700

In this article court interpreting is considered as the provision of court interpreting services from Russian or any other language of legal proceedings of the republics of the Russian Federation, into indigenous languages, as well as from indigenous languages – into the languages of legal proceedings of the Russian Federation, performed on indemnity basis by a private entity, duly included in the Unified Federal Register of Court Interpreters, to courts, law enforcement agencies and other persons involved in the process, in order to secure the constitutional right of an individual and a citizen of the Russian Federation to use their mother tongue or freely choose a language of communication in court. The authors emphasize that the profession of "court interpreter" is not enshrined in law, and there is no institution of special sworn interpreters. The performance in court is carried out by polymath linguists who know special terminology and technologies of text processing in oral and written forms, including interlingual interpreting. At the same time, there is no unified certification system to verify professional skills. There is no unified federal register of court interpreters, the project has not been fulfilled yet. Any text processed in accordance with the current norms and used for legal ruling passes not only the phase of translation, but also of unified registration and subsequent legalization. In this regard, the problem of insufficient legal framework in judicial translation has been raised. The article discusses professional requirements for legal interpreters along with quality requirements and the scope of their professional training in the Russian Federation.

On Semantic Identity of Terms “Common Law” and “Customary Law” in respect to Legal System of Great Britain

Tatiana Makarenko — Mon, 01 Jul 2024 00:00:00 +0700

The study considers the use of the terms "common law", "customary law" and "case law" in the domestic theory of law, the scope of these concepts and their congruity. Aspects of their applicability to the legal realities of foreign countries, in particular, the United Kingdom, are considered. Using the tools of legal comparative studies and linguistics in the course of the work, the gaps and limitations of the use of this terminology are revealed both in the Russian theory of law and in the theory of law of Great Britain, as well as countries that have adopted the English law. In support of the intermediate conclusions, references to works and treatises of various periods of British history are provided, the author has developed a period frame for the introduction of terms into widespread use, designed in the form of diagrams. Conclusions are drawn about the semantic identity of the terms "common law" and "customary law" in relation to the legal system of Great Britain, which is proved, in addition to the complete lexical correspondence of the terms in modern English, by the entire genesis of the British law system. The concept of "common law" is semantically revealed as a generally recognized law, i.e. a generally recognized law, which deprives it of a deep semantic contrast with a codified law. The codification of legislation is considered, along with other processes, as natural stages in the evolution of the legal system. Due to the fact that the legal customs of various territories of Great Britain merged into a syncretic fusion of the generally recognized law of the country, and, being supplemented by judicial practice based on the principle of Roman law stare decisis, they have received a final formalization in the common law of Great Britain, as it is currently known, the terms "common law" and "customary law" in relation to the legal system of this country can be viewed with certain provisions and retrospectively. Currently it can be argued that the term "customary law" is identical to the term "common law" in relation to the legal system of the United Kingdom and it serves as its important stage and meaningful semantic element.

Back to the Issue of the Signs of Personal Insolvency (Bankruptcy)

Mark Litskas, Yuri Kholodenko — Mon, 01 Jul 2024 00:00:00 +0700

The article covers the study of signs of personal insolvency (bankruptcy). In the course of the study the authors have concluded that currently there are only two principles (criteria) in the world that set out the signs of bankruptcy, when an individual (citizen) can be deemed unable to pay their debts (bankrupt), namely the principle of non-payment and the principle of insolvency. As it stands in 2024, there are two patterns in the Russian law for regulating signs of personal bankruptcy: for applications from debtors themselves and for applications from their creditors (authorized body). Within the framework of the first pattern both principles act dispositively and simultaneously, without mutual elimination, and the second pattern is characterized only by the presence of the principle of insolvency, but its disclosure occurs, inter alia, through one of the criteria of non-payment (through a sign of your debt exceeding your assets). The foresaid cannot but give rise to difficulties and a lack of a uniform approach in judicial arbitration practice. Based on the analysis of the norms of foreign legislation and special literature the authors show the erroneousness of this approach and propose to amend the current Law "On Insolvency (Bankruptcy"), excluding non-payment as a special case of insolvency for applications from creditors and the authorized body to deem a person insolvent (bankrupt).

Definition of the Сategory "First Offender" for the Purpose of Exemption from Criminal Liability: Methodological Aspect

Andrey Maksimov — Mon, 01 Jul 2024 00:00:00 +0700

The article considers the complex linguistic construction of "a first offender". Despite the frequent use of this category the current criminal law lacks its legal definition. The highest judicial authority in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/27/2013 No. 19 "On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability" offers an extremely broad understanding of the primacy of the commission of a crime as a condition for exemption from criminal liability. The author explores the provisions of the doctrine of criminal law on the definition of a first offender, including in terms of analyzing the above mentioned judicial interpretation, identifies conceptual scientific approaches to establishing the content of the category in question, identifies criminological problems arising from the broad interpretation of the term "first offender", and also conducts a comparative analysis of the compliance of normative and judicial understanding of the investigated linguistic structure of the criminal law principles. Based on the results of the study, the author comes to the following conclusions: the concept of the first offender, as well as the principles of legality, justice and equality, formed in judicial practice, does not correspond to the tasks of the criminal law enshrined in Article 2 of the Criminal Code of the Russian Federation, first of all, the tasks of deterring new crimes (general and individual prevention). In order to eliminate the identified gaps in the criminal law, the author proposes to normalize the concept of "first offender" in the text of the criminal law and make appropriate changes to the said Resolution of the Plenum of the Supreme Court of the Russian Federation. When determining the content of the category "first offender", the author suggests using the legal construction of a negative fact with an indication of exceptions, that is, persons who cannot be recognized as first offenders.

Forensic Linguistics: Essence, Structure, Regularities, Functions

Vitaly Kuznetsov — Mon, 01 Jul 2024 00:00:00 +0700

One of the key provisions of the concept of forensic expertology by A. I. Vinberg and N. T. Malakhovskaya is the provision on the so-called subject forensic sciences - subsystems of forensic expertology formed as a result of the transformation of data from fundamental (parent) sciences based on the needs of legal proceedings. The article considers forensic linguistics as a new forensic science, which appeared as a result of transformation of linguistics as a fundamental science. It is shown that forensic linguistics is a source of special linguistic knowledge applied in the form of forensic authorship examination, forensic examination of sound recordings, forensic linguistic examination and forensic examination of intellectual property objects. The article considers the essence of forensic linguistics as a forensic science, as well as its structure, regularities and functions.

Aggression in the Public Speeches of Foreign Politicians (Based on the Public Speeches of Elizabeth Truss)

Shirokikh Irina, Anna Fedina — Mon, 01 Jul 2024 00:00:00 +0700

The article examines the phenomenon of verbal aggression from the point of view of its manifestation in the sphere of political discourse. The article offers interpretations of the concepts of "aggression" and "verbal aggression" provided by both foreign and domestic researchers in terms of psychology and linguistics. The article also examines the influence of extralinguistic factors on the manifestation of aggression in political communication, such as numerous international conflicts and the failures of Elizabeth Truss’s political activities, as well as the ways of influencing the audience through the use of certain linguistic means. The relevance of the phenomenon of verbal aggression in the sphere of political communication is proved by examples from public speeches by foreign politicians. The analysis of linguistic means expressing aggression in the sphere of political discourse is carried out: theoretical aspects of the classification of linguistic means at various linguistic levels provided by I. V. Arnold and I. R. Galperin are accompanied by examples from the extracts of public speeches by former Foreign Minister and ex-Prime Minister of the UK Elizabeth Truss. The speaker purposefully uses various linguistic means containing an aggressive connotation and aimed at escalating the aggression. The goal is to influence the audience in the most beneficial manner for the speaker. Thus, the research contains the analysis of various linguistic means, presented in public speeches of foreign politicians and containing an aggressive connotation, at different linguistic levels – phonetic, lexical, and grammatical.

On a New Conceptual Approach to Liability for Sexual Assault

Nadezhda Tydykova — Mon, 01 Jul 2024 00:00:00 +0700

The article presents the author’s sum up on the main provisions of the Russian criminal law policy in regard to sexual safety. The issues of criminalization of sexual relationships, discrimination of liability for them, penalties and qualifications are touched upon. The proposed approaches to criminalization and differentiation of liability are justified from the position of understanding the object of such crimes and the public danger of actions that cause harm. One of the grounds proposed for differentiating liability for sexual assault is the type of sexual act performed - with or without penetration into the body of the victim or perpetrator. Since only in the cases indicated in the article, the level of public danger of non-violent acts of a sexual nature and sexual abuse of victims from fourteen to sixteen years of age is deemed sufficient for their criminalization, it is proposed to establish the appropriate corpus delicti of an administrative offense in the Code of Administrative Offenses of the Russian Federation and the corpus delicti of a crime with prejudgment in the Criminal Code of the Russian Federation. A new system of qualifying characteristics of sexual crimes has been proposed. In order to increase the criminal legal guarantees of a defender who is a victim of a violent sexual crime, it is recommended to add Art. 37 of the Criminal Code of the Russian Federation with the corresponding content. A new approach to the development of norms on liability for sexual assault is proposed, taking into account the need of law enforcement practice for norms that meet the requirements of formal certainty. The shortcomings of the sanctions of the norms on liability for sexual assault are noted and ways to improve them are proposed. Proposals have been formulated to make it possible to produce a uniform practice of applying the proposed norms to the interpretation of subjective elements of such crimes, violence, the helpless state of the victim, the signs of a criminal conspiracy.

Legislative Articles on Juration (Oaths)

Marina Batyushkina — Mon, 01 Jul 2024 00:00:00 +0700

The purpose of the work is to study the features of legislative articles on juration and oaths. The functional and procedural specificity of taking the oath (juration) is indicated. The structural components, lexical composition, unification, and variability of titles and texts of articles of this type are considered. The introductory, main and additional parts of the articles are distinguished. When characterizing the main part of a legislative article, attention is paid to the combination of texts of different types (expression of will, influence, persuasion). The legislative requirements used in formulating the introductory part (introductory-definitive) and additional parts (explanatory, informative and regulatory) are characterized. It is noted that, despite the existing structural and content-related differences, legislative articles on juration represent specific transformations of the general text type. The more templates are reproduced, the more such articles illustrate the features of legislative style. At the same time the use of clichés and means traditionally used in the construction of non-legislative texts introduces features of other (non-legislative) styles, their functional and pragmatic specificity into the article on juration and into the law where this article belongs. Methods and approaches traditional for legal linguistics are used. The research material is the texts of legislative acts.

Methods of Textual Analysis of Pre-revolutionary Correctional Legislation in the Political and Legal Heritage of N.M. Yadrintsev

Alexander Golovinov, Yulia Golovinova — Mon, 01 Jul 2024 00:00:00 +0700

This work is aimed at historical and legal hermeneutic reconstruction of methods and techniques of textual analysis of the correctional legislation of the Russian Empire in the political and legal ideological heritage of the founder of the ideology of Siberian regionalism - N.M. Yadrintsev. The material focuses on the fact that in the literary and journalistic works of the writer one can find a wide palette of political and legal assessment of legislation with regard to imposition and execution of criminal punishment.

The authors note that as a true patriot of his lesser motherland N.M. Yadrintsev spent his entire life working for the abolition of exile to that land, which inevitably turned the region into an underpriveliged and improper place. Therefore, in order to fully understand the facets of the correctional policy in the “Eastern Outskirts” of the Russian Empire the educator considered in depth the legal side of the punitive justice.

In general, it is shown that the historical school of law in the epistemology of norms and regulations has always been aimed at the genesis of the text of a legal act. This methodological technique was widely used by the Siberian regionalist in his political and legal doctrine. This particular knowledge of legal reality made it possible to determine the existence of breaches in the texts of regulatory documents of pre-revolutionary Russia.

The article presents the conclusion that the educator used the techniques of the historical-legal approach, historical-textual analysis of the regulatory framework, sociological tools, statistical methods and paradigms of comparative analysis of the texts of the penal legislation in Imperial Russia.

Draft Chapter “General Definitions. Interpretation of terms" in the Criminal Code of the Russian Federation

Sergey Zemlyukov — Mon, 01 Jul 2024 00:00:00 +0700

Статья посвящена важному для понимания и правильного применения уголовного закона разделу УК РФ «Общие определения и термины». Язык закона и юридическая терминология имеют немаловажное значение для повышения эффективности применения закона и выполнения им функции предупреждения совершения преступлений. Предварительная системная работа по изучению понятий и терминов УК РФ и их толкование и применение на практике позволила разработать специальный раздел, положения которого помогут при разработке и принятии новых уголовно-правовых норм, при применении уголовного закона на практике, при понимании закона широким кругом лиц.

Definitions and Correlation of the Categories "Digital Rights" and "Digitalization of Rights and Freedoms"

Anna Kanakova — Mon, 01 Jul 2024 00:00:00 +0700

The article examines the theoretical discussion on the issue of definitions, content and correlation of the categories "digital rights" and "digitalization of rights and freedoms" used in legal science. The author identifies the reasons that give rise to difficulties in the legal regulation of rights and freedoms in the digital space, analyzes the available normative and theoretical approaches to the model of legal regulation of the digital sphere. The result of the conducted research is the author's proposed model of correlation between the categories of "digital rights" and "digitalization of rights and freedoms", according to which digital rights can be developed only if the opportunity generated by technological progress lacks existing analogues in the legal sphere. If the legislation of the Russian Federation already contains a suitable category operating offline, we should speak exclusively about the digitalization of this right, expressed in the adjustment of the content or methods of implementation. At the same time, the author considers the issue of the correctness of the use of the characteristic "digital" in relation to rights and freedoms, as some authors propose a different name for this group of rights. The analysis made it possible to conclude that the categories of "information rights and freedoms" and "digital rights and freedoms" cannot be recognized as identical, and the term "virtual rights and freedoms" is superfluous.

Definitions of the Term “Victimological Security” in the General Structure of Сriminologiсal Knowledge

Evgeniia Rogova, Elizaveta Kachurova — Mon, 01 Jul 2024 00:00:00 +0700

The article considers the definition of the concept of victimological security as one of the significant concepts of the criminological system of crime prevention. Approaches to the study of victimological security are highlighted, the historical aspect of the development of the concept is given, attention is focused on the need to study issues of victimological security, as well as issues of understanding the term as part of the development of an effective security system as a whole. The article analyzes the prospects for the development of the victimological branch in the criminological theory, as a reserve and a necessary element of maintaining a favorable criminological environment. Consideration of reserve opportunities to prevent modern criminological threats from a victimological perspective will speed up creating a favorable victimological environment, where responsible and caring public attitude will ensure a total reduction in the level of victimization. The development of a victimological system has been evolving in dependence with changes throughout the period of shaping of modern Russia, reflecting the state of its economy, political trends, sociocultural trends, ideological, value attitudes and the urge to minimize criminological threats. The very attitude towards the behavior and role of victims in crimes committed is nothing more than the proper level of legal culture of modern society, and the norms of criminal legislation and criminal procedure legislation that ensure the full legal status of victims are an indicator of compliance with constitutional principles. A condition for the effectiveness of a system of measures to ensure victimological security is its ability to adapt to criminological changes and compliance with the dynamics of modern crime progression. The article substantiates the need for a comprehensive study of the term victimological security for the development of a general system of criminological knowledge.

Сategory Content and Сriteria for Determining “Abuse of Rights”: Theoretical and Applied Research

Ksenia Belousova — Mon, 01 Jul 2024 00:00:00 +0700

This paper examines theoretical and applied issues of establishing the content of the category “abuse of law”. At the first stage of the study, the author analyzes the approaches to determining the content of the lexical unit “abuse of law” that have been developed in modern civil science, identifies common and distinctive features and proposes her own methodological approach to defining the term in question. Analysis of the doctrine of civil law allows us to draw a conclusion about diametrically opposed approaches to defining the evaluation category “abuse of law”. Next, the latest law enforcement practice of arbitration courts is examined, and there are highlighted the main problems arising in law enforcement practice when qualifying transactions according to the criterion of the presence of elements of abuse of law. A comprehensive theoretical and applied analysis underlies the author’s approach to determining criteria for establishing signs of abuse of law, which can be applied both when considering specific cases and when studying the legal construct “abuse of law”.

Gradual Introduction of a Jury Trial or Jury Trial-Legal Experiment: Correlation of Terms and Concepts

Nina Dudko — Mon, 01 Jul 2024 00:00:00 +0700

The article considers the correlation of concepts and terms in relation to the establishment of jury in the Russian Federation. The jury trial has been gradually spreading across the territory of the Russian Federation. Since November 1, 1993, the jury has gradually penetrated certain constituent entities of the Russian Federation. In this regard, two methods of applying a jury trial are distinguished in scientific research. First, the use of a jury trial through its gradual introduction. Second, the use of a jury trial through a legal experiment. The author concludes that the jury trial in the Russian Federation is introduced gradually, and not as a legal experiment. The terminology is not the same: the gradual introduction of jury trials vs. jury trials as a legal experiment. The concept and conditions of the gradual introduction of the jury also do not correspond to the concept and conditions of the legal experiment. First of all, these concepts differ chronologically. The legal experiment presupposes precise beginning and ending dates to run. For the gradual introduction of a jury trial, only the initial dates for the use of a jury trial in specific constituent entities of the Russian Federation are legally established: November 1, 1993; January 1, 1994; January 1, 2003; July 1, 2003; January 1, 2004; January 1, 2010; January 1, 2018; January 1, 2027. In addition, at the end of the legal experiment, it is concluded that it is advisable to introduce relevant norms into the legislation. The rules of the Code of Criminal Procedure of the RSFSR and the Code of Criminal Procedure of the Russian Federation, which regulate the proceedings in court with the participation of jurors, are constantly in force at all stages of the introduction of a jury trial. Jury trials are not a legal experiment, but a legal reality. The gradual introduction of a jury trial in the Russian Federation is successfully proceeding.

Historical Legal and Comparative Aspects of Construing the Concept of Extremism

Maria Starodubtseva, Olga Blinova — Mon, 01 Jul 2024 00:00:00 +0700

The article provides a study of the retrospective of the emergence and development of understanding of extremism. The author refers to the etymology of the very concept of «extremism». The term «extremism» originates from the Latin word «extremus», which in translation into Russian means «extreme, excessive», going beyond the established limits and norms. Based on etymology, extremism can be interpreted as a commitment to extreme views, methods of action.

As early as the Ancient World and throughout the main stages of history, situations have arisen in which certain categories of people were ready to violate and violated existing norms in order to achieve their goals and ideals, while applying measures prohibited by any public regulator. In fact, this is what was called terrorism much later. This term is often used together with the term «extremism» in publications on jurisprudence and political science, and sometimes the term «terror» is added to them. It is noted that all these phenomena have been known to mankind since antiquity.

In political, sociological, journalistic literature, the concepts of «terror», «terrorism» and «terrorist act» are most often proposed to be used as synonyms. Synonymization in this case is convenient in a utilitarian sense, but becomes an obstacle in terms of methodology. Based on etymology, any act of violence can be interpreted as terrorism only if it pursues the goal of intimidation. But from the point of determining the subject and object of such crimes, synonymization does not take into account the specific situation in which the specified crime is committed. Hence, when considering the history of extremism, as the author notes, it is necessary to trace the change in the interpretation of the term «extremism» at different stages of the development of society.

On the Content of the Concept of “Ecological Tourism” in Russian Legislation

Olga Трубникова, Natalia Kalashnik — Mon, 01 Jul 2024 00:00:00 +0700

The article analyzes policy documents and regulatory legal acts of the Russian Federation containing the concept of “ecological tourism”. It is noted that the importance of eco-tourism has been reflected for quite a long time in acts of various nature. It is indicated that the implementation of the provisions of the Tourism Development Strategy in the Russian Federation for the period until 2035 requires further reform of Russian legislation in terms of changing approaches aimed at developing eco-tourism.Studying the current legislation, the authors come to the conclusion that there are shortcomings in regulations that impede effective legal influence on the development of eco-tourism. The authors analyze the concepts of ecological tourism enshrined in various legal acts, the goals of this type of tourism and come to the conclusion that there is no clear approach to the definition of the concept in question.To identify the specifics of ecological tourism, the article also examines the concepts of “nature tourism”, “rural tourism”, “cultural and educational tourism”, and an attempt is made to distinguish between these types of tourism and ecological tourism by clarifying the similarities and differences. Considering the types of ecological tours established in legal acts, the authors point out the ineffectiveness of the proposed classifications.According to the authors, the importance of solving the problem of a clear definition of the concept of “ecological tourism” is also conditioned by the fact that, according to the current legislation, one of the tasks of specially protected natural areas (federal nature reserves and national parks) is the organization and implementation of tourism. Considering the environmental significance of these areas of nature, the solution to this problem is relevant and necessary for the effective regulation of relations in the field of tourism and environmental activities.

Interrogation as a Special Form of Business Communication: Conflict Prevention

Lyubov Kiryushina — Mon, 01 Jul 2024 00:00:00 +0700

The article discusses interrogation as a special form business communication. The author analyses some of the factors that should be taken into consideration at interrogation and conflict prevention. In addition to the age-related psychological characteristics of interrogation and procedural characteristics, the author considers such factors as the presence of the family relationship between the participators in a crime, their gender characteristics, the presence of alcohol or drugs at the time of the offense, the relationship with the victim and other factors that influence this investigative action as a special form of business communication.

Information Content as Subject of Interdisciplinary Research in the Context of Investigating Speech Offenses

Tatiana Sekerazh — Mon, 01 Jul 2024 00:00:00 +0700

The transformation of human community relief and interaction with information and people has both positive and negative consequences. One of these is the increase in online illegal acts conducted through electronic devices. This is due to the rapid development of communication technologies, which has led to a shift in the focus of oppositive movements, including those by terrorist and extremist groups, towards the information sphere. As a result of the growth of criminal acts facilitated by the Internet communication technologies, some norms of criminal and administrative law have been revised. The use of media, information and communication networks including the Internet has been introduced as an aggravating factor for certain offenses. For a long time, the informal term used for these actions - "speech offences" - no longer accurately describes their complexity, but it is still useful for categorization. Currently, due to the nature of the research, more attention is being paid to human communication rather than speech and information content is the focus of analysis. This complexity of these subjects requires an interdisciplinary approach and integrate knowledge from various fields. We have conducted a comprehensive study of types of forensic examination existing at the SEU under the Ministry of Justice - psychological, linguistic, and new ones such as political and religious. The importance of this research lies in the government's efforts to preserve and strengthen traditional Russian values as well as combat destructive ideologies and extremism in Russian society.

Michel Foucault's idea of "biopolitics" in the context of contemporary legal theory methodology

Лидия Волокитина — Fri, 05 Apr 2024 12:57:06 +0700

This article explores the concept of "biopolitics" developed by French philosopher Michel Foucault in the second half of the 20th century. In his scientific legacy Michel Foucault brought many new ideas that are relevant to the social sciences and humanities, including jurisprudence. According to Michel Foucault's logic, "biopolitics" is a manifestation of "power" in general and "disciplinary power" - in particular. The main goal of "biopolitics" is to ensure complete control not only over the social but also over the biological life of each individual. Due to its close correlation with social reality, "biopolitics" is in tune with the current issues of theoretical legal research. Modern legal theory is looking for new approaches to the understanding of law. But modern methodologies are difficult to imagine without the dense involvement of the cognitive subject in the cognitive process. It is impossible not to be involved in "biopolitics". This is where the necessary connection between "biopolitics" and contemporary theoretical and legal research comes into play. Through the prism of "biopolitics", the article attempts to rethink the concept of "the limits of legal regulation" in the "digital age". Thus, the article attempts to update Michel Foucault's idea of "biopolitics" from the perspective of legal theory. The article concludes that Michel Foucault's idea of "biopolitics" has considerable research potential for theoretical and legal research, since the consideration of "the limits of legal regulation" through "biopolitics" has shown their mobility as a phenomenon of legal reality. It is thus evident that Michel Foucault's philosophical ideas are markedly enriching the context of contemporary legal-theoretical research methodology.

The Concept of Traditional Religion (Confession): Legal Aspect

Konstantin Sinkin, Oksana Avilova, Yuri Zelenin — Mon, 01 Apr 2024 00:00:00 +0700

The article examines the issue of the legal definition of the notion traditional religion which is widely used in modern Russian political discourse. It is noted that there are different approaches to this notion. The first approach states that the definition of the concept in question is cultural and historical in nature and does not have an independent legislative effect. The second one proves that the presence alone of the concept in question in legislation would presuppose its legal character. The authors come to the conclusion that despite the widespread use of the notions of “traditional religious organizations” and “traditional religions”, there is no legal definition of these concepts at the federal level as well as a precise list of confessions and religious organizations related to them, which creates a situation of legal ambiguity.

Features of the Use of Special Knowledge in Cases of Insulting Members of Precinct Election Commissions

Dmitry Spirev — Mon, 01 Apr 2024 00:00:00 +0700

The theoretical investigation into these criminal acts is especially relevant in regards to the upcoming presidential elections of the Russian Federation in 2024 when a complicated social and political situation creates opportunities for mass actions to counter the activities of election commissions. Examples of the main criminal acts related to the humiliation of the honor and dignity of members of precinct election commissions of the Russian Federation, as well as other actions that violate the election procedure are given. The article also analyzes the normative legal acts of the electoral legislation of the Russian Federation in terms of regulating the status of members of precinct commissions, voting, as well as the statuses of other participants in the electoral process. The features of the use of special knowledge in the investigation of insults committed on the premises of precinct election commissions, with noted distinction of the wrongful act environment (the use of video surveillance, the possibility of using electronic means for voting) and the nature of the special knowledge used in the commission of individual investigative actions, are revealed.

Cognitive and Rhetorical Aspects of the Organization of Modern Legal Communication

Lyubov Voronina , Egor Lopatin — Mon, 01 Apr 2024 00:00:00 +0700

The article is focused on the organization of global and local structures of modern Russian legal discourse. Discursive fragments of defensive and accusatory speeches of modern forensic orators are examined in the scope of the Rhetorical structure theory, diagrams of their rhetorical structures are modeled, and the specifics of interaction between discursive units are explored. The goal of scientific analysis is to establish cognitive and rhetorical factors in the organization of discursive fragments of modern linguistic legal communication of persuasive type. The goal is achieved using general scientific and linguistic methods proper, including the method of formalizing linguistic descriptions: constructing tree-like diagrams of rhetorical structures related to the discourse fragments and a diagram of the cognitive profiling mechanism. The rhetorical aspect of scientific research reveals itself in identifying areas for actualization of the pragmatic layer of the semantics of text units and ways of its expression by means of the Russian language; establishing functionally significant aspects of the interaction between the informative and pragmatic layers of the semantics of text units. The study revealed the specifics of the organization of the global structure of legal discourse, its subordination to the original communicative intention, and established its correlations with types of rhetorical links that organize discursive fragments. The authors identify and give grounds to the most frequent rhetorical relations of a presentational type, aimed at strengthening the illocutionary profile of a text unit, and rhetorical relations of a denotative nature, correlating with logical-semantic relations between discursive units. It has been established that the initial communicative intention is supported by more specific propositional attitudes and together they form an intentional complex that determines the rhetorical structure of the discourse as a whole.

Sensitive Topics Related to LGBT Propaganda in Respect of Current Legislation

Irina Onkina — Mon, 01 Apr 2024 00:00:00 +0700

The article examines the issue of discussing sensitive topics in the context of modern laws on LGBT propaganda. The study discusses identifying the characteristics of a text that does not contradict various ideas about linguistic security. During the study, an analysis of current legislation in this field is carried out, on the basis of which methodological recommendations for authors are also developed. Particular attention is paid to defining text security criteria for all participants in media communication, as well as clarifying certain aspects in accordance with existing regulations. The legal norms are studied in the article in the context of general trends in modern legislation dedicated to the preservation of traditional family values. When drawing up methodological recommendations, the results of a comparative analysis of the text of new articles of the Code of Administrative Offenses of the Russian Federation with their previous versions are also taken into account. Through a detailed analysis of the texts of Articles 6.21 and 6.21.2 of the Code, the system of concepts of the designated articles of the law is reconstructed, which is further used when identifying markers of statements that threaten the safety of participants in communication. Based on all the aspects above, in the conclusion the author states criteria for sensitive content in the field of LGBT propaganda and presents the results of the research in the form of recommendations.

Non-classical Theory of Categorization in Criminal Law

Evgeniya Melyukhanova — Mon, 01 Apr 2024 00:00:00 +0700

The article discusses the study of the non-classical theory of categorization, which is a «prototype theory», and the possibility of its use in criminal law. In criminal law the category of circumstances mitigating punishment can serve as an example of a non-classical theory of categorization in the form of the application of prototype theory. The non-strict categorization criteria developed within the framework of non-classical theory cannot be applied to the primary basic criminal law categories, such as «crime» and «punishment», since the members of these categories can only be exhaustively established by criminal law of offences and penalties. However, this fact does not exclude the application of the non-classical theory of categorization in criminal law. The reason, and even the necessity, of using non-strict categorization in criminal law is grounded by the presence of such categories for which it is impossible to imagine a limited and clearly defined number of members with entirely the same general characteristics. The evaluative criminal law categories are most consistent with this approach. Criminal law evaluation categories are also language categories that must comply with the rules of the language to the greatest extent due to their lack of certainty and an unlimited number of category members. According to the author, principles developed within the framework of cognitive linguistics can be used in criminal law categorization, such as the principle of prototypicality, with certain limitations, the principle of taking into account the non-strictness of categories, the principle of gradation and the principle of multiplicity and diversity of the bases of categorization. In the context of the relationship with the non-classical theory of categorization, criminal law categories are scientific categories of criminal law that are based on non-strict categorization criteria that perform the methodological function of evaluative concepts and reflect the modern practice of applying criminal law norms.

Legal and Linguistic Analysis of the Concept of Diversion of Public Funds (Article 285.1 of the Criminal Code of the Russian Federation)

Vitaly Poltarykhin — Mon, 01 Apr 2024 00:00:00 +0700

The article considers one of the most complex criminal law norms on officeholder crimes – diversion of public funds (Article 285.1 of the Criminal Code of the Russian Federation). The author uses the interdisciplinary methodology of norm analysis and explores the main categories fixed in the disposition – expenditure, public funds, recipient of public funds. There are four stages in the study – the study of the lexical meaning of the category, the definition of its meaning in budget legislation (regulatory), in administrative (the first level of protective legislation), and at the final stage determines the meaning of the term in regards to criminal law sense. The disposition of Article 285.1 of the Criminal Code of the Russian Federation has a blank character and in order to establish its content, it is necessary to refer to the norms of primary legislation. The research conducted by the author allows us to conclude about the intersectoral belonging of the norms of diversion of public funds, including in terms of the categorical apparatus. Thus, by studying the three system–forming categories of the corpus delicti provided for in Article 285.1 of the Criminal Code of the Russian Federation - expenditure of public funds, and the recipient of public funds revealed the inconsistency of the criminal law norm under consideration with the principles of legality, justice, equality. To solve this problem, the author proposes to amend art . 285.1 of the Criminal Code of the Russian Federation by including in it indications of the possibility of committing a crime by an officeholder recipient of funds from the budget, as well as to clarify the concept of "expenditure" and "public funds" in the Ruling of the Plenary Session of the Supreme Court of the Russian Federation.

Features of the Meaning of the Term «Testament» in Judicial Discourse

Konstantin Saltykov — Mon, 01 Apr 2024 00:00:00 +0700

The article specifies that the orderly nature of legally significant acts is of particular importance in the process of hereditary succession. This makes it possible to draw semantic parallels between the legal term «testament» and the term «plan», taken in the meaning of the order of measures, the implementation of which requires a number of pre-considered actions united by a common goal. The use of the term «testament» seems to be correct to refer to the planning by the testator of the disposal of property in the event of his own death. An indication of the nature and procedure of actions of certain persons in the future brings the words «testament» and «plan» closer in meaning. Examples taken from judicial acts show that the term «testament» additionally has denotative components of meaning that function in speech acts within the framework of judicial discourse. The context of judicial discourse introduces semantic increments that allow using the legal term «testament» to denote a plan for the implementation of hereditary orders.

The Maxims of Ancient Rome as the Basis for Legal Certainty of Modern Civil Litigation

Evgeny Timofeev, Irina Rehtina — Mon, 01 Apr 2024 00:00:00 +0700

The article discusses the basic provisions that form the basis of civil proceedings and its legal regimes, which to varying degrees reflect the legal certainty of civil proceedings. The authors reveal the signs of the regime of legal certainty, the means of which, in addition to the norms of law, may be the provisions contained in the maxims (axioms) of civil procedure. The paper considers the main maxims illustrating certain aspects of the legal certainty of civil proceedings. Among these the authors name the formal certainty of law, accessibility and equity of procedure, consistency of a final rule of court, certainty and integrity of a rule of court, its enforceability and prevention of civil procedure abusing. The authors conclude that the maxims were basically developed in the law of Ancient Rome, and then were received and accepted by the law of other states. At the same time, maxims have become the main minimum standard of legal certainty. At the present stage of development of Russian procedural law, there is an increased attention to the mechanisms of res judicata, estoppel lis pendens, non bis in idem and a normative strengthening of procedural axioms based on these elements. Axioms are actually valid, ignoring them leads to distortion of the normal course of the process and prevents the implementation of the regime of legal certainty in particular. The authors see the expediency in using maxims as criteria for resolving competition of the principles of civil procedural law, including the principle of legal certainty with others. A conclusion is made about the inviolability of procedural postulates during the transformation of the civil procedural regime.

Cross-Border Bankruptcy: Concept, Fundamentals of Legal Regulation, Law Enforcement Practice

Irina Kiryushina , Ekaterina Kovalenko — Mon, 01 Apr 2024 00:00:00 +0700

In the context of the internationalization of the economies of different countries, when the insolvent debtor and creditors have different nationalities, or the property of the insolvent debtor, which is being foreclosed on by creditors, is located in different countries, differences in national systems of legal regulation of insolvency are a serious obstacle to resolving issues related to the recognition of the debtor as bankrupt and satisfaction of creditors' claims. Attempts to unify the international legal regulation of cross-border insolvency relations, undertaken for a long time, have failed, which forces countries to look for other ways to resolve conflicts arising in the process of applying the norms of bankruptcy legislation of various legal systems.

The authors analyze the approaches to cross-border bankruptcies that have developed in the domestic legal order, including recent law enforcement practice. The issue of determining jurisdiction in the bankruptcy case of foreign legal entities in the Russian Federation is being investigated. Russian courts apply the concept of the center of the debtor's main interests not only to the cases of cross-border bankruptcy of foreign citizens, but also to foreign legal entities. The authors investigated the issue of determining jurisdiction in the bankruptcy case of foreign legal entities in the Russian Federation. It is proposed to clarify the traditional concept of cross-border bankruptcy as a relationship arising in the process of declaring a person bankrupt, complicated by a foreign element in the form of assets of a Russian debtor located on the territory of several countries or participation of foreign creditors in the bankruptcy of a Russian debtor, as well as bankruptcy of a foreign debtor whose main business and property are located in Russia or on the territory of several countries, the whole idea based on the principle of close contact with the country of applicable law.

The article examines such problematic aspects of cross-border insolvency as the definition of cross-border insolvency, the issues of determining primary and secondary jurisdictions, the possibility of parallel proceedings and the concept of a personified bankruptcy estate. The problem of challenging the debtor's transactions in the framework of cross-border bankruptcy is investigated, in particular, the issues of applicable legislation and the ratio of the sphere of invalidity of transactions and the sphere of bankruptcy. The conclusion is made about the need to transform the doctrine and institutions of cross-border insolvency.

Updating of the Russian Legislation on Speech Offenses and Forensic Examinations of Humanitarian Profile

Vitaly Kuznetsov — Mon, 01 Apr 2024 00:00:00 +0700

Currently, there is a process of updating Russian criminal and administrative legislation on speech offenses, which is associated with the introduction of new legal norms establishing responsibility for the dissemination of fakes, information discrediting the use of the Armed Forces of the Russian Federation, propaganda of non-traditional sexual relations, etc. A huge role in the investigation of these crimes is played by forensic examinations of a humanitarian profile, primarily complex psychological and linguistic examinations, the results of which, as practice shows, serve as one of the key evidence. Methodological approaches to the study of information materials developed at the Federal State Budgetary Institution of the Russian Federation under the Ministry of Justice of the Russian Federation related to the establishment of special (linguistic, psychological) signs of those linguistic and psychological phenomena that are aspects of the objective side of speech offenses allow us to respond promptly to the emergence of new expert tasks in connection with the actively ongoing process of updating Russian legislation.

Style Features of Judicial Decisions of American Judge Richard Posner

Yulia Pechatnova — Mon, 01 Apr 2024 00:00:00 +0700

This article proposes to analyze the stylistic features of the presentation of judicial texts used by the American appellate district judge, legal scholar Richard Posner, and to determine the measure of acceptable and necessary judicial creativity, including domestic justice.

The research methodology involves general scientific logical, systemic, analytical and structural-functional methods, a particular scientific method of linguistic analysis, special legal techniques of comparative law, formal legal analysis.

The research was carried out in several stages, including: first, the study of R. Posner's court decisions with identifying specific stylistic features; second, analysis of the identified features and stating R. Posner’s general theoretical premises; third, consideration of the possibilities of developing R. Posner’s ideas in the domestic political and legal context.

As a result of the study, the following features of R. Posner's judicial opinions were identified: simplicity and clarity of the court decision, acceptable deviations from the pretentiousness of the official business style; scientific nature of the court decision, developing the logic of the court decision based on empirical material; the expediency of a court decision, the acceptability of deviations from the “letter” of the law in favor of the “spirit” of the law; a creative approach to a judicial decision, the acceptability of using certain techniques of artistic and journalistic styles of speech; skepticism towards the principle of legal certainty; overcoming the formalism of law, the acceptability of applying the principle of economic efficiency as a source of law (in the broad sense); interdisciplinary character of law, the possibility of using the methodological apparatus of other sciences in legal science; denial of the role of the judge as a passive observer and recognition of the role of the judge as an active political and legal actor.

Finally, the author concluded that the development of R. Posner’s ideas in domestic legal science is appropriate, providing for some clarifications and their critical analysis.

Adjustment to the Written Speech of a Specific Person as One of the Types of Disguise

Igor Ogorelkov — Mon, 01 Apr 2024 00:00:00 +0700

The article discusses the issues of diagnostic authorship research of conflict-related texts in order to establish adjustment to the written speech of a particular person. The main types of disguise are briefly described (imitation of authorship, distortion of significant features of the author's idiostyle, adjustment to the written speech of a particular person, encoding of significant information), and methods of their linguistic expression. A specific example of an authorship study of conflict-prone texts with elements of disguise (namely, adjustment to the written speech of a particular person) is given.

On the Concept of a Single Sexual Crime

Nadezhda Tydykova — Mon, 01 Apr 2024 00:00:00 +0700

The absence in the law of the concept of a single crime gives rise to a situation of legal ambiguity in which acts committed under similar circumstances may receive different legal assessments. The concept of a single crime should be enshrined in the criminal law itself and become the formal basis for its interpretation in relation to the characteristics of various groups of crimes. For the purposes of qualifying sexual crimes, a single continuing crime can be defined in the footnote to the article with which Chapter 18 of the Criminal Code of the Russian Federation begins as follows: «In cases where two or more acts of a sexual nature were committed with the same intent in legally identical ways, the act should be considered as a single continuing crime». Perhaps this approach will be the first step towards creating a common definition that can be enshrined in the General Part of the Criminal Code of the Russian Federation, for example, in Art. 141 of the Criminal Code of the Russian Federation. Since law enforcement practice defines a single crime through the concept of single intent, its definition must be enshrined in Part 4 of Art. 25 of the Criminal Code of the Russian Federation and defined as intent to commit two or more acts that arose before the first of these acts or in the process of committing one of them, when the degree of specification of the desired actions and their consequences makes it possible to determine the characteristics of a specific crime or group of crimes. The practice of imposing punishment also requires, along with other circumstances, taking into account the number of episodes of criminal influence on the victim, as well as the duration of the period of criminal influence on them, which must be reflected in the act of official interpretation.

Linguocognitive Modeling of Defensive Speech in Modern Legal Proceedings

Evgeniya Fedorchenko — Mon, 01 Apr 2024 00:00:00 +0700

Cognitive structures which determine text unfolding and its interpretation, as well as efficiency of communication in general, can be reconstructed through systematizing and conceptual analysis of language units employed by trial lawyers. This hypothesis has been confirmed by the research dealing with language processes of developing texts of defensive speeches in current Russian proceedings.

The purpose of the article is to characterize the strategies of linguocognitive modeling of defensive speech and their linguistic representations. As research material the author uses the defensive speeches of modern court speakers of the end of the XX and the first quarter of the XXI century. The peculiarities of defensive speech composition have been revealed through the technique of studying interactive communication of trial participants, special attention given to strategic application of professional discourse. The main characteristics of the text of the defense speech are multi-vector dialogization, that is, the simultaneous orientation of speech to two different addressees – the court and the prosecution, and intertextuality as a dialogic interaction with various legal texts. The structure and peculiarities of unfolding of a text of defensive speech are determined by several situation models. It is established that linguocognitive modeling of defensive speech is carried out on the basis of cognitive stereotypes of legal discourse and at the same time obeys individual pragmatic goals. The results obtained can be used in text theory, as well as in teaching the academic disciplines “Judicial eloquence” and “Oratory” to students and undergraduates of law faculties of universities.

Language and law

Galina Trofimova — Fri, 29 Dec 2023 09:12:33 +0700

12–13 октября 2023 г. в Российском университете дружбы народов имени Патриса Лумумбы (филологический факультет) состоялась международная научно-практическая конференция «Современный медиатекст и судебная экспертиза: междисциплинарные связи и экспертная оценка».

Legal Communication through the Prism of Linguistics (Review of the Textbook by Doctor of Philological Sciences T. V. Dubrovskaya “Language as a Tool for Legal Communication: Theoretical Foundations and Text Analysis”)

Maria Shirinkina — Fri, 29 Dec 2023 08:54:28 +0700

The review examines the textbook prepared within the framework of legal linguistics, the interdisciplinary scientific field, that has developed at the intersection of law and speech studies. The range of scientific and methodological problems in the manual covers important issues such as follows: principles of and requirements for legal techniques; inconsistency of terms usage in legal texts; duplication and polysemy of terms; plainness and general comprehensibility of language in legislative acts; causes of ambiguous interpretation of legal texts and their semantic structure; intratextual strategies and extralinguistic bases for courtroom linguistic textx; functioning of legal texts in social practice; the need to search for a new rhetorical ideal that meets the needs of modern court proceedings; terminological and factual errors in the linguistic description of court procedures; substitutions in linguistic studies of real legal communication by its mediatized representations, etc. The compositional and structural parts of the book are briefly described: preface; sections 1-6, covering theoretical problems and containing questions and assignments to them; section 7, aimed at teaching discourse analysis of genres of courtroom discourse; section 8, including a test to check acquired knowledge. The review emphasizes the ‘user-friendly interface’ of the book. It points out the methodological value of the model of analysis of coutroom speech genres proposed in the textbook. The significance of the analytical review of modern literature on legal linguistics presented by the author, which reflects the main domestic and English-language studies, is especially emphasized. The conclusion is that the linguistic scientific community has received a very interesting, content-rich and methodologically sound manual on legal linguistics.

The Concept of a Systemic (Systematic) Interpretation of Law in Domestic Legal Science XIX – Early XX Centuries

Konstantin Sinkin, Yuri Zelenin — Fri, 29 Dec 2023 00:00:00 +0700

The article concentrates on the study of issues of the systemic way of interpreting of legal norms through from the stand-point of pre-revolutionary lawyers. The selection of ways to interpret legal norms began at the end of the 19th century but active research of interpreting legal norms didn’t start until the beginning of the 20th century. At the same time the systemic method of interpretation of legal norms is mentioned only in passing in these studies. The authors of the article have come to the conclusion that in the domestic pre-revolutionary legal science there were two main positions in relation to the systemic interpretation. The first one is that some authors following the position of the famous German lawyer K. Savigny considered it an independent interpretation. The second, other lawyers considered the systematic way of interpreting the legal norms as a part (reception, method, element) of a logical (real) interpretation.

Using Expertise in Performing Linguistic Examination

Alexandra Mankova — Fri, 29 Dec 2023 00:00:00 +0700

The article describes the usage of expertise in performing linguistic examination in regards to the procedural aspect of forensic practice, as well as the level of expert’s professional competence. The possibility for non-state experts to apply their specialized knowledge during a trial is noted to depend on who initiates the examination – the court, the prosecution or the defence. The notions of “an expert” in the sense of “standing in the proceedings”, “qualifications as per graduation certificate” and “official capacity at an expert institution” are analysed. The author provides cases from personal practice which expose errors related to competent establishment of an object of examination and to remaining within the boundaries of expert speciality.

Programming Language as Eligible One: Legal Aspects

Natalia Usoltseva , Yuri Usoltsev — Fri, 29 Dec 2023 00:00:00 +0700

The article examines the situation with the introduction of programming languages as an eligible element and the possibilities of recognizing programming languages as acceptable and recognized by the state. It is the case now that the issues of the existence and application of programming languages for social regulations cause significant debate, although in fact we are talking only about smart contracts and the use of programming languages for their writing and launching. In other situations of professional use of programming languages, significant legal issues have not yet been raised so acutely. But the development of digital technologies and their implementation, including in the legal social regulations, is happening very rapidly. The likelihood of the need to use programming languages to regulate social relations, and with a significant overrun beyond the strictly professional range of issues, is a very near future. The existing gaps between natural and artificial languages, between regulatory norms and the technologies used for their implementation, are being annihilated very quickly. All this forces us to evaluate programming languages in the legal domain and determine the conditions and boundaries of their existence along with natural languages. The main part of the article examines the relationship between natural and artificial languages, defines the system of artificial languages proper and their classification. The status and position of programming languages existing at the moment are revealed. As a result of the research, a conclusion is made about the prospects for the existence of a programming language as an eligible one, about the possibilities and conditions of its use beyond the boundaries of professional use. The methodological basis of the research is made up of general scientific and special scientific methods: analysis, comparison, description, systematic and structural, comparative and legal, formal and logical, etc.

On Terminological Collisions and Other Imperfections of Articles 285.1, 285.2 of the Criminal Code of the Russian Federation

Daria Karagina — Fri, 29 Dec 2023 00:00:00 +0700

The article covers the legal and technical aspects of the construction of norms on the diversion of public funds and of national non-publicly funded scheme. The problem of intersectoral relations and logical and legal formalization of dispositions of Articles 285.1, 285.2 of the Criminal Code of the Russian Federation is analyzed. Attention is drawn to the presence of terminological ambiguity in these articles of the Criminal Code of the Russian Federation. It is noted that despite the fact that Articles 285.1, 285.2 of the Criminal Code of the Russian Federation have a blanket character, the legislator does not use the terminology of fiscal legislation, which undoubtedly creates significant difficulties in practice and is an obstacle to uniform law enforcement. The lack of updating of criminal legislation when making changes to the budget is indicated as an imperfection in the statement of the blanket norms. In addition, a number of fundamental documents defining budget execution are unreasonably excluded from the concept of diversion of public funds used in the Criminal Code of the Russian Federation. The legal and technical imperfection is also observed in the use of heterogeneous concepts in the formation of an open list of documents that define the goals of spending public funds. A number of definitions are not mentioned at all and are not disclosed either in the fiscal or in the criminal legislation, which creates legal ambiguity that is eliminated by law enforcement agencies at their discretion. Such an approach to the regulation of criminal law relations cannot be considered effective and answering the requirements of legal technology, as well as the objectives and principles of criminal law. The revealed imperfections in the presentation of the norms on the diversion of public funds and of national non-publicly funded scheme are subject to elimination at the legislative level by adjusting the dispositions of criminal law norms and bringing them into line with fiscal legislation.

Attributes and Functions of Statutory Concept at Devising Theoretical Model for Business Protection through Criminal Law

Anna Korennaya — Fri, 29 Dec 2023 00:00:00 +0700

In this article the author explores the general theoretical and specialized content features of statutory concept as a meta-category of legal science. Based on the use of integrative methodology, the author identifies the attributes of the statutory concept as a universal legal category. These attributes are - the multiplicity of the structure of statutory concept, conformity, typicality, theoretical validity and applicability, formal recording. The highlighted features, according to the author of the study, relate to all statutory concepts, regardless of the scope of their application in theory or rule-making practice. The paper also summarizes and analyzes the main provisions of academic thought on the problem of defining the concept of a legal model and legal modeling as a process of devising a model and method of legal science, defines the signs of a legal model as a dual phenomenon in relation to a legal structure. The theoretical model of criminal law protection as a primary element has a statutory concept. On the other hand, the theoretical model itself is a statutory concept implemented in the draft normative act. Based on the system analysis of the features of the legal model and the statutory concept, the functions of the latter are defined. The following functions of the statutory concept as a primary element and a general model are highlighted: constitutive, descriptive, interpretative, cognitive and evaluative. The selection of the indicated features is determined by the purpose of forming either a theoretical or applied model. Such attributes are not the same for different types and categories of legal models. The results of the research can serve as theoretical base for the formulation of criminal law in the process of rulemaking as well as methodological base for research.

Identification Features in Forensic Examination of Text Borrowing

Elena Novozhilova — Fri, 29 Dec 2023 00:00:00 +0700

In the article, within the framework of the theory of criminalistic identification, based on works of the well-known criminalist scientist Prof. Valentin Koldin (1925–2020), we consider the features that a forensic expert works with when detecting textual borrowings (copy-paste and plagiarism).

An optimal classification of identification features put into six groups is proposed: text coincidence at character level, misprints, punctuation errors, grammatical errors, speech and logical errors, and other speech features. The author suggests using the term "errative method" in the examination of borrowings and considers identification features in terms of their suitability for research – specificity, manifestation, and stability.

At the same time, the differences between the examination of text borrowings and the traditional forensic authorship examination are emphasized: different identifiable objects (text and person, respectively), different properties of these objects, and, consequently, different features. The author analyzes the classifications of identification features represented in the most important scientific and methodological manuals on forensic authorship examination (in Russian), compares these classifications with the one given in the article, and concludes about the fundamental differences of the feature complexes.

The article concludes that the proposed set of features provides a significant identification redundancy of the material – in contrast to both traditional authorship examination and, in general, to the majority of forensic enquiries. This redundancy allows the expert to make a reliable conclusion about the non-randomness of the coincidence of features, that is, about the identity of the borrowed text.

Criminalistic Characteristics of Crimes: Terminological Aspect

Maria Neymark, Oleg Bespechniy — Fri, 29 Dec 2023 00:00:00 +0700

The article concentrates on the criminalistic characteristics of crimes as one of the key concepts of the criminalistic methodology of crime investigation from the point of view of the terminology used to designate it and its correspondence to the content of the concept. The article considers the evolution of views and approaches that have developed in science regarding the role of criminalistic characteristics of crimes in the structure of newly devised private methods, its content and structure. At the same time the article notes both substantial aspects of the criminalistic characteristics of crimes admitted by most scientists, and aspects that cause dispute. The analysis of the structure of the criminalistic characteristics of crimes and the main approaches developed on this issue in legal literature is carried out. The main elements proposed for inclusion into the structure of the forensic characteristics are considered and evaluated. Attention is focused on the need for further research on the issues of criminalistic characteristics of crimes and the possible development areas are proposed. One of such development areas is devising uniform criteria for building the structure of the criminalistic characteristics of crimes. In this connection, the article provides an overview of the author positions existing in this regard in forensic literature, where elements of the corpus delicti, circumstances to be proved in a criminal case, etc. are seen as a criterion. The reasons for the significant divergence of the positions of scientists towards the content and structure of the criminalistic characteristics of crimes are analyzed. One of the main reasons is different understanding by the authors of the essence and role of the criminalistic characteristics of crimes in the structure of the investigation methodology conditioned among other things by the employed terminology – "criminalistic characteristics of crimes", which does not accurately reflect the essence of the designated concept. In this connection, the analysis of the terminology with regard to etymology has been carried out and proposals for its further application in forensic methodology have been formed.

The Problem of Understanding the Evaluative Concepts of Civil Law: the Ratio of Natural and Legal Language

Tatiana Platunova, Ulyana Pleshivtseva , Tatiana Borodulina — Fri, 29 Dec 2023 00:00:00 +0700

The article covers the problem of understanding evaluative concepts in civil law and legal linguistics. There have been attempts of civil studies to consider categories of evaluative concepts and propose their applied classifications. However, the problem of the presence and systematic interpretation of evaluative concepts in the legal sphere remains practically unresolved. In this article, we have made an attempt to identify the reason for the emergence and active use of evaluative concepts in civil law. This study answers the questions of what is meant by the concept of value in law and for what purpose it can be applied. We explored the main academic debate on the problem of evaluative concepts in law and linguistics, and then revealed that the evaluative concept is interpreted differently in these branches of knowledge and a possible convergence of understanding will cause great practical problems in law enforcement practice. The debate of linguists is caused by the basic idea that evaluative concepts have different, relative connotations, while lawyers strive to most clearly fix the phenomena of reality in evaluative concepts. The study identifies the characteristic features of evaluative concepts in the legal sphere and linguistics, which makes it possible to distinguish between interpretations.

On Cognitive Bias in the Legal Norm Interpretation in Relation to Linguistic Expertise

Kristina Arkaeva — Fri, 29 Dec 2023 00:00:00 +0700

In the modern rule-making process conduction of several types of expertise is one of the significant and sometimes even mandatory stages of work on a draft law. In the subject of the Russian Federation, a city of federal significance – Sevastopol there is legal, anti-corruption, linguistic and legal-technical expertise carried out. Although the tasks assigned to legal experts and linguists are outlined both in the methodological recommendations of federal authorities and in the scientific-applied discourse, in practice the boundaries of these tasks are blurred. This article focuses on some theoretical and applied questions of linguistic expertise, the case study under discussion demonstrates the interrelation of linguistic expertise with other spheres of expertise and academic work; attention is drawn to the discussion on the boundaries of linguist’s competence and the tasks assigned to the subjects of linguistic expertise. The case-study of the legal norm of the Low of Sevastopol City 98-ZS, dated 26 Dec. 2014, «On some social support measures for multi-child families in Sevastopol» discusses a non-routine problem of the rule of law structure fault that causes cognitive bias in its interpretation. The conclusion summarizes the results of this research, raising some pressing questions, attention to which could contribute to improving the drafting law process, in particular within linguistic expertise.

On the Use of Concept of "Judicial Penalty"

Vitaly Sorokin — Fri, 29 Dec 2023 00:00:00 +0700

The essence of the application of the concept of "judicial penalty" is to release a person from criminal liability and oblige to pay a sum of money in the event a person has committed a minor or moderate crime for the first time and has compensated for damage or caused harm. A unique feature of a court penalty is that it is based solely on voluntary payment by the offender. If the offender does not comply with the court decision within the prescribed period, then such a decision is subject to cancellation, and the case is reviewed again but per standard procedure. Resorting to the institution of judicial penalty, the state thereby "gives a chance" to help offenders who have committed crimes of small or medium gravity mend their ways, suffering "minimal losses". The offender does not actually go unpunished, but at the same time does not have a criminal record, is not subject to deprivation or restriction of personal and social rights, which is inherent in the application of the institution of criminal punishment.

On the Technique of Constructing Criminal Law

Nadezhda Tydykova — Fri, 29 Dec 2023 00:00:00 +0700

The article covers the study of theoretical provisions on the legislative technique of constructing a criminal law. The author proves that the technique of creating criminal law norms differs significantly from the technique of creating norms in other branches of law. In the theory of law, there is no single concept that would unite the rules, the observance of which would guarantee the creation of a high-quality text of the law, just as there is no single normative act that would regulate the process of lawmaking in any area. This determines the fact that a large number of norms of the criminal law cause criticism for various reasons: the absence in the disposition of the norm of describing certain elements of the crime, the use of terms of ambiguous content, enshrining in one norm acts of different public danger, the inconsistency of the name of the article with its contents. Improvement of the criminal law is impossible without creating a scientifically based concept of the legislative make-up of criminal law norms. The author has made an attempt to define specific rules, the observance of which will make it possible to construct norms of criminal law with clear contents, without gaps, ensuring an adequate possibility of their application in reference to each other. An analysis of the techniques (methods) for constructing a norm, classified according to the degree of generalization and the degree of completeness of presentation of the norm, is presented. Each of them is assessed from the standpoint of the appropriateness of use in various cases. Specific rules relating to the structure, content of the chapters of the Criminal Code of the Russian Federation and their individual norms and language rules are formulated. Examples of violations committed during the construction of certain norms of the Criminal Code of the Russian Federation and recommendations for their elimination are given.

Comparative Legal Aspects of Foreign Legislation against Return to Crime among Convicts Serving Sentences without Isolation from Society

Artur Dorozhinsky — Fri, 29 Dec 2023 00:00:00 +0700

The author of the article analyzes foreign legislation in the field of preventing repeated crimes among convicts serving sentences without isolation from society. The active policy of large-scale humanization of the penal system (hereinafter referred to as the penal system) of Russia determines the relevance and practical significance of the ongoing research in the field of studying foreign experience in the fight against repeat crime among convicts. The article analyzes the effectiveness of the use by various foreign countries of certain measures to prevent repeated crimes among convicts, and also discusses methods and means of combating repeated crime among this category of convicts. The common overseas practice of using the institution of probation as an effective tool to combat repeated crimes committed by convicts is explored. The institute of probation in some foreign countries has a long history of development and application. In addition, the author extrapolates foreign legislation on the prevention of repeated crimes to the existing realities of domestic legislation in this area. It is noted that despite the positive experience in preventing repeated crimes among convicts in foreign countries, this does not mean that we should blindly and thoughtlessly borrow it and immediately begin to implement it into our unique and distinctive penal system. Any innovation, before being integrated into an existing system, must undergo mandatory testing to establish the effectiveness of its use in practice.

Rhetorical Techniques to Increase Audience Confidence in the Speaker (Based on the Speeches of the Pleadings in Jury Trial)

Stanislav Olenev, Veronika Lyungrin — Fri, 29 Dec 2023 00:00:00 +0700

The research has examined trust as a communicative category describing the relationship between the speaker and the audience, and explored techniques to enhance audience confidence in the speaker used by court speakers when speaking to jurors. The authors proceed from the idea that the presence/absence of trust (both unidirectional and mutual) between the speaker and the audience is one of the factors in the effectiveness of the speech impact exerted on the audience. The discussion of the role of trust in communication relies on classical rhetoric and on the ideas of modern humanities: law, political science, social psychology, sociology, psychology of interpersonal communication, economics, media linguistics. As a result of the analysis of classical and modern speeches in the jury court, a system of six rhetorical techniques was proposed to strengthen the audience's confidence in the speaker: 1) demonstration of self-confidence and position, verbalization of lack of doubt, presence of a clear position, determination and firmness of action; 2) demonstration of competence, high level of knowledge and professionalism; 3) demonstration of respect for the jury, emphasis on the significance of their role in the trial, including through praise and compliments; 4) demonstration of interest for the outcome of the case, for the fate of the participants in the court session, including demonstration of sympathy and compassion for the plaintiff; 5) verbalization of a sense of responsibility for the development of society, reflection on how the deed will affect the future of society; 6) appeal to ethical and/or religious values, ideas and imperatives.

On Some Issues of Comprehensive Psychological and Linguistic Expertise of Speech Products

Konstantin Brinev, Mariya Kulikova — Fri, 29 Dec 2023 00:00:00 +0700

The article has discussed the issues relating to the involvement of a psychologist in conducting comprehensive psychological and linguistic investigations of texts. The theory of the linguistic and psychological content of legal concepts has been examined in the light of the traditional understanding of expert work. It has been argued that expert studies based on such a theory constitute legal decision-making rather than fact-finding through the use of specialized knowledge. The main problems that arise in the psychological and linguistic expertise in terms of identifying the purpose of the speech product and the outcome of the speech impact have been considered. The authors have questioned the validity of existing approaches to identifying the psychological components of the text (psychological orientation, social attitudes of the author and social attitudes formed in the addressee). The question has been raised as to the correlation between the psychological line of text and the intention and illocutionary purpose, as well as the correlation between the social attitudes formed in the addressee and the perlocutionary purpose and the actual result of the speech effect. According to the authors, both the fact of the existence of such psychological components of the text and the possibility of extracting them from the text by psychological methods require justification. The examples of effective interaction between a psychologist and a linguist in comprehensive expertise have been discussed in the article.

Revenge Porn: On the Problem of Linguistic Analysis of Pornographic Content

Olga Zaytseva, Pavel Katyshev — Fri, 29 Dec 2023 00:00:00 +0700

The paper discusses the problem of forensic analysis of pornographic information in revenge porn situation (non-consensual public placement of materials of sexual explicit content). The paper presents a list of social practices related to revenge porn, specifies the participants of the communicative act (actor, addressee- person caught on camara, addressee-reference group, addressee-third-party participant), determines the intentional component of the actor's communicative activity, gives a list of the actor's communicative goals in conditions of multiple addressee-targeting . The features of the recontextualization of pornographic material are revealed. A weak dependence of pornographic discourse on extralinguistic background is established. It is noted that in the situation of revenge porn sexual explicit information is subjected to recontextualization, which makes it difficult to establish linguistic (semiotic) signs of pornographic information in forensic analysis. It is established that under the conditions of the transfer of a sexual explicit text into a conflict-triggering context, pornographic meanings are preserved. At the same time, the actualization of the taboo aspect of sexual interaction underlies the transformation of the emotive potential and determines the nature of the relationship between the participants in the communicative situation. The authors conclude that in order to establish the linguistic features of sexual explicit information, it is necessary to decontextualize the text submitted for forensic research. Analysis of the distribution context is necessary to establish the extralinguistic background of the actor's communication activity.

Considering the Factor of Ignorance in Linguo-Criminal Texts

Alexandr Florya — Fri, 29 Dec 2023 00:00:00 +0700

The article considers the problem of ignorance and resulting misunderstanding in texts that are the objects of forensic linguistic expertise. The authors of linguo-criminal texts may use set phrases that have become memes, but it can be difficult to determine whether they are real citations. Misunderstanding of words and phraseological units is often explained by the fact that the speakers are detached from Soviet reality, including Soviet cultural realia. Soviet people understood them, either from their own experience or from works of literature and art (performances or films). The author may be aware of a quote, but not know its origin and real meaning. In such cases, careful contextual analysis of the utterance is necessary. In addition, the expert must take into account linguistic factors: firstly, a certain quotation is reproduced in a standardized or free form, and secondly, this phrase is rigidly or freely specified according to the rules of syntax. The semantics of some words can be understood only after reference to dictionaries, but there can be no certainty that the author of the text meant this. Many words are polysemantic, and their true meaning is not always shown in the context.

Linguistic Means of Expressing Evaluation in J. Grisham’s Novel “Rogue Lawyer”

Ekaterina Degtyaryova — Sun, 01 Oct 2023 00:00:00 +0700

Linguistics actively discusses the content of the notion of evaluation as a language category. The given article aims at analyzing linguistic means of expressing evaluation in John Grisham’s novel “Rogue Lawyer”. The analysis was carried out with the help of the following methods of research: continuous sampling method, textual analysis of the selected means of evaluation, statistical data processing. The article deals with lexical and syntactic means of evaluation. The evaluation in most cases has a “minus sign”. The article contains examples of lexical means of evaluation, such as pejoratives, melioratives, idioms, modal words. It also deals with stylistic devices providing evaluation: metaphor, simile, irony, allusion. The paper analyses the syntactic means used by the author to express evaluation: rhetorical questions, exclamatory sentences, parallel constructions, repetition. The research shows that with the help of the linguistic means of evaluation the author manages to create the negative image of most representatives of the judicial system and demonstrate his attitude towards the system of justice in his country.

The Definition of "Сorrectional Rehabilitation of a Criminal" in the Political and Legal Doctrine of N. M. Yadrintsev

Alexander Golovinov, Julia Golovinova — Sun, 01 Oct 2023 00:00:00 +0700

The purpose of the publication is to reveal and show the essence and content of the category "correctional rehabilitation of a criminal" in the philosophical and legal commitments of N. M. Yadrintsev. Guided by the hermeneutic methodology and textual analysis of the ideological political and legal heritage of the Siberian intellectual, we have emphasized that he associated the content of the definition of "correctional rehabilitation of a criminal" with moral.

It is shown that in N. M. Yadrintsev's ideology appeal to the spiritual world of the man, to the moral principles of the life of an individual had a serious impact on the terminological apparatus used by the educator.

It has been established that, supposedly, the leader of the regionalist movement can be considered one of the founders of penitentiary sociology, which arose at the overlap of sociological science and penitentiary law.

The authors come to the conclusion that the definition of "correctional rehabilitation of a criminal" in the lexical and terminological apparatus of N. M. Yadrintsev, an ideologist of Siberian democratic regionalism, was used mainly in its content sense. The Siberian educator was primarily concerned with the nature of this category. In general, he understood the correctional rehabilitation of prisoners as a complex diverse process that has an immanent and permanent content.

Classification of Typical Tasks of Forensic Linguistics

Elena Novozhilova — Sun, 01 Oct 2023 00:00:00 +0700

The main problem in forensic linguistic theory is the lack of an agreeable classification of expert tasks. Since the concept of expert task precedes concepts of method and methodology, it is clear that without regularizing tasks, further theoretical understanding of this subject area is impossible.

The purpose of our article is a theoretical revision of this topic. Definitions of the term "expert task" are specified, and bases for classifying tasks common to all kinds and types of forensic examination are listed. We've checked classification options found in modern methodological and teaching publications on forensic linguistics in Russian ("Semantic Research in Forensic Linguistic Expertise" by RFCFS of the Russian Ministry of Justice, textbook by prof. Elena Galyashina, manual by ECC of the Russian Ministry of Internal Affairs). We've evaluated their logical correctness and compliance with the criminalistic and philological scientific basis. The conclusion is made about the suitability of some and unsuitability of other options: it is better to use the classification proposed by ECC of the Russian Ministry of Internal Affairs (tasks on denotative, evaluative, illocutionary, and extralinguistic components of a speech object). We've also concluded that it is unproductive to classify forensic linguistic tasks on a substantive law basis (tasks in cases of extremism, cases of libel, cases of corruption crimes, etc.). Such an understanding of expert tasks leads to systematic work outside of expert competence, in the field of law: an expert linguist plays the role of a competent investigation officer.

Joint Tenderer in Procurement: Dilemmas of Semantics and Its Causal Relationship with Negative Procurement Effects

Anna Riabova — Sun, 01 Oct 2023 00:00:00 +0700

The article analyzes the legislative concept of "joint tenderer" for procurement, which is carried out by certain legal entities. The literal interpretation of the term means one of the following forms of participation: legal entity, several legal entities on the side of one participant, natural entity (including individual entrepreneur), and several natural entities (including individual entrepreneurs) on the side of side of one participant. The problem to consider is whether association of legal or natural entities on one side of procurement can be regarded as a joint tenderer. The problem is seen at different angles by the academic community, procurement participants and customers, and state bodies like Ministry of economic development and trade of the Russian Federation, competition authorities ( Federal Antimonopoly Service of the Russian Federation), judicial opinion. It is shown that the use of conjunction “or” by the legislator has created and continues to create some problems. These problems have adverse consequences for the customer; consumers of purchased goods, works, services, and others. At the same time the norm of the law analyzed in the work has been several times amended by legislator. However, the problem discussed remains unaddressed by the legislator, which creates inconvenience for customers and procurement participants. The article offers a solution to the problem.

On the Concept of Artificial Intelligence and the Basics of its Regulation in International and Russian Law

Irina Kiryushina, Ekaterina Kovalenko — Sun, 01 Oct 2023 00:00:00 +0700

The article covers the study of the issues of the concept of artificial intelligence and certain problematic aspects of the legal regulation of its use. The authors analyze the concept of artificial intelligence in domestic and foreign legislation, foreign and national doctrine. Currently the absence of a single concept of artificial intelligence is caused by both the initial stage of development of the legal regulation of the phenomenon under study, and the lack of its uniform understanding in academic community. The development of a single definition of the concept under study is possible with gaining experience and the regulatory framework in this area. Taking into account the availability and prospects for the creation of various types of intelligent systems, it is proposed to take a differentiated approach to their legal regulation, establishing the appropriate legal regimes. The authors analyze domestic and foreign legislation governing the legal regulation of artificial intelligence and the principles of its use. Among the problematic aspects are the issues of determining artificial intelligence as a legal subject, the peculiarities of liability in case of violation of the rights of parties to civil transactions by activities related to the use of artificial intelligence technologies. The question of whether artificial intelligence is a legal subject is debatable. Currently, in most legal orders, artificial intelligence systems are not recognized as having consciousness (capable of creating and reproducing subjective decisions). However, the practice of applying the norms of intellectual law has led to the recognition in certain jurisdictions of authorship of the artificial intelligence system. The authors conclude that, when determining the limitations of liability in relations linked to the use of artificial intelligence systems, it is necessary to use both existing legal structures, such as mixed liability in case of joint infliction of harm; liability for harm caused by activities that create an increased danger to others; the responsibility of the manufacturer for the quality of goods (services) to the consumer, and the direct fixing in the current civil legislation of special rules that determine the specifics of liability when using artificial intelligence.

The Term "Regulatory Guillotine" in the Legal Discourse

Evgeniya Fedorchenko — Sun, 01 Oct 2023 00:00:00 +0700

The article studies the peculiarities of coining a new term "regulatory guillotine" in the modern Russian language. It describes the semantic, syntagmatic and pragmatic features of this term. It has been established that at the initial stage of its entry into the legal discourse, the term "regulatory guillotine" is characterized by high variation. Here are revealed its semantic, grammatical and graphic variants. Based on comparative analysis of various definitions of the term "regulatory guillotine", as well as on its syntagmatics in legal discourse, the author concludes it necessary to amend the definition of this term. A new term can be prospectively developed in close connection with the field knowledge and traditional use of the Russian language in texts of official communication. When describing the syntagmatics of the term in the academic legal discourse, the author points out a violation of the norms of lexical compatibility of the modern Russian literary language. The syntagmatics of the term "regulatory guillotine" in the Russian legal discourse reflects at the linguistic level the peculiarities of the correlation of the general and special consciousness of lawyers. It is also established that in the processes of functioning of the term "regulatory guillotine", quotation marks convey a complex mix of different kinds of information. The use of the term "regulatory guillotine" in the legal text with quotation marks and without quotation marks expresses a certain pragmatic meaning of the attitude of the subject of speech to the linguistic sign. Quotation marks implement both figurative and metalinguistic functions, and are also a means of adapting a metaphor-term to legal discourse.

E-Justice Texts: Factors of Borrowing Terms and Motivation

Nadezhda Kalmazova — Sun, 01 Oct 2023 00:00:00 +0700

The research is based on the articles, overviews and reports of the participants of the academic research “Transformation of Legal Regulation of Relations, Connected with Application of Digital Technologies in Legal System and within the System of Enforcement of Court Rulings” from which there have been extracted and analyzed terms, recently borrowed from English into Russian, which occur in the texts of e-justice. There has been done an overview of the opinions of Russian and foreign linguists connected with the issue of acceptance of borrowings, that resulted in such features as expedience, common sense, and correspondence to the target language standard. There have been generalized extralinguistic and linguistic factors of borrowings.

There have been stated that transmitted terms are borrowed in a ready-made form. They are motivated lexemes in both languages. Being included in the complex hierarchical structure of micro- and macro-fields, the transmitted terms become integral elements of the term system, acquiring the semantic properties of the basic system-forming terms. Their Greek and Latin term elements support the process of internationalization of vocabulary and the ways of its formation.

Some unmotivated and partially motivated basic terms of the computer branch of knowledge are frequency terms for digital texts. These interdisciplinary terms meet the requirements of brevity, unambiguity, and lack of synonymity, which indicates their ideal compliance with the terminological nomination.

On the Use of the Concept of "Globalism" in the Interpretation of Legal Acts

Vitaly Sorokin — Sun, 01 Oct 2023 00:00:00 +0700

The article analyzes the concept of "globalism" from the perspective of its use in law-making and law enforcement activities. The author pays great attention to the use of the concept of "globalism" in the interpretation of legal acts. The interpretation and theoretical characteristics of globalism as an international phenomenon are proposed. When legal systems are oriented towards globalism, law enforcement officers reduce their function to a mechanical correlation of the real legal situation with the articles of normative legal acts. Preference for the letter of the law implies that the law enforcer does not claim the principles of law and categories of morality. A lawyer should, in each case of interpretation of legal acts, discuss the boundaries of legal regulation, the supremacy of the principles of law over the norms, the grounds for the binding force of the norms of law.

Evolution of Scientific Views on the Role of the Language Science in Legal Technique (Case Study of Journal "Legal Technique")

Olga Begisheva — Sun, 01 Oct 2023 00:00:00 +0700

The article considers the problem of interaction between jurisprudence and linguistics within their common branch of knowledge– legal technique, the principles of which are used by the legislative and law enforcement authorities of the Russian Federation in order to create and develop legal documents. The relevance of the topic is due to the need to draw the attention of scientists and lawyers to the role of linguistic knowledge in the development of the science of law and law enforcement. This topic is of particular importance in modern conditions, when the legislative sphere is forced to respond quickly to changes in the social and political situation in the country and the world. The material of the study was obtained from the works of leading legal scholars and practicing lawyers published in the "Legal Technique" journal, which is issued by the Nizhny Novgorod Research Scientific Center under the auspices of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. The analysis showed that the dynamics of the interaction of linguistics and legal technique indicates an increase in employment by lawyers of the achievements of different areas of linguistics: communication theory, psycholinguistics, textual criticism, applied and mathematical linguistics, which contributes to the development of their ideas about the role of language in their professional activities.

The Term "Information" in English-Language Dictionaries

Yuri Volkov — Sun, 01 Oct 2023 00:00:00 +0700

The article covers the study of the issue of the origin and interpretation of the meanings of the term information based on entries in English-language dictionaries. Primary attention is paid to the content of entries in law dictionaries and encyclopedias of English-speaking countries. The issue is part of the problem of etimology and semantics of the term information. The article describes the methodology for selecting sources for analysis, comparative characteristics of sources. Based on the presented dictionary and encyclopedia entries, a conclusion is made about the interpretation of the term information that is typical for English law dictionaries. The results of the study can be used in legislation to clarify the meaning of individual definitions, in legal practice to clarify international documents, in expert activities for the interpretation of legal texts, as well as in the educational process for the training of philologists and lawyers.

On Terms Used in Defining the Corpus Delicti under Art. 133 of the Criminal Code of the Russian Federation

Nadezhda Tydykova — Sun, 01 Oct 2023 00:00:00 +0700

The article analyzes the terms used by the legislator when defining the disposition of the corpus delicti under Art. 133 of the Criminal Code of the Russian Federation. An analysis of the term «blackmail» is presented, which does not have a legal definition and requires clarification of the content. Since it is used not only in the construction of Article Art. 133 of the Criminal Code of the Russian Federation, but also a number of others, it is advisable to formalize the content of this term in a note to the article in which it is used for the first time - Art. 127.2 of the Criminal Code of the Russian Federation as follows: «In the articles of this Code, blackmail is understood as the threat of dissemination of information defaming the victim or their relatives, or other information that can cause significant harm to the rights or legitimate interests of the victim or their relatives». The criticism of the construction «use of material or other dependence of the victim» as a sign of the objective side of the considered corpus delicti is presented, and with examples from practice, the problems of qualification for it are considered. It is proposed to replace this construction with «under the threat of committing actions that violate the rights and legitimate interests of the victim, who is financially or otherwise dependent on the perpetrator». It is substantiated that outside the corpus delicti under Art. 133 of the Criminal Code of the Russian Federation, there remains a number of actions that have public danger, but also do not fall under the signs of other elements of sexual crimes. This made it possible to propose that a list of methods for committing the crime in question be left open, pointing out the threat of committing another criminal act. The necessity of the existence of different structures of the composition in different parts of the article, depending on the effectiveness of coercive actions, is substantiated. In conclusion, a new version of Art. 133 of the Criminal Code of the Russian Federation is proposed, taking into account the need to correct the terms that describe actions of a sexual nature.

Political and Legal Nature of Sanctions Restrictions in The Field of Publication Activity of Russian Scientists

Anton Vasilev , Yulia Pechatnova — Sun, 01 Oct 2023 00:00:00 +0700

This article is devoted to the study of theoretical and legal ideas about scientific sanctions and their political and legal nature, as well as an analysis of their impact on the publication activity of Russian scientists in foreign publications.

In modern conditions of geopolitical and geo-economic turbulence, sanctions policy has a restraining effect on the development of scientific and technological potential. In this connection, the purpose of the study is to conceptually generalize the legal nature of scientific sanctions, identify existing barriers to international scientific and technical cooperation and find ways to overcome them.

Sanctions policy is represented by various forms of generating difficulties in the sphere of participation of certain states in international network collaborations and established forms of cooperation. The legal basis of sanctions policy is the unilateral termination of contractual relations, which causes damage not only to the state against which sanctions are imposed, but also to the state that imposes sanctions.

As a way to respond to sanctions challenges in the field of scientific and technological development, the dynamic development and implementation of innovative measures to support the national scientific and scientific-technical sector is proposed.

As measures to increase the publication activity of Russian scientists in foreign publications, it is seen, first of all, the need to form and implement a special state policy as an integral part of the state scientific and technical policy in the field of international cooperation, since its development in these conditions cannot be limited only to the initiatives of scientific subjects and scientific and technical activities. In particular, it seems possible to change the geographical directions of international scientific and technical cooperation. This also involves encouraging friendly countries to harmonize foreign and domestic policies in the field of science, technology and innovation, as well as to harmonize national legislation and improve the functioning of organizational and legal mechanisms of cooperation.

Fundamentals of Forensic Tactics in the Commission of Expertise for Extremism Cases in Proceedings on Administrative Offenses

Elens Galyashina, Kirill Chernyshev — Sun, 01 Oct 2023 00:00:00 +0700

In the article the authors integrate the provisions of forensic tactics into the proceedings on cases of administrative offenses. Despite the classical understanding of the subject of criminology, which is intended only for the needs of criminal proceedings, the authors believe that the provisions of criminology are applicable to other types of proceedings. As an example, the authors integrated the provisions of forensic tactics in relation to the commission of expertise for extremism cases in the proceedings on administrative offenses. Based on the analysis of the Code of Administrative Offences of the Russian Federation, legislation on forensic expertise, current judicial practice and the provisions of the science of forensic expertise, a specific algorithm of actions is proposed for the court, state authorities and officials in need of special knowledge in the administration of justice. The algorithm of actions proposed by the authors is a consistent manual that allows to organize the work of the law enforcement officer and avoid procedural errors in the commission and performance of expertise.

History and Current State of the Plain English Concept in Legal Linguistics in English-Speaking Countries

Svetlana Osokina, Olga Afanaseva — Sun, 01 Oct 2023 00:00:00 +0700

The article deals with the history and current state of the Plain English concept. The material presented in the article has theoretical and practical value for the development of relevant areas of research related to the Russian language. The subject under discussion is the history and theoretical provisions of the concept of Plain English, as well as an analysis of the potential for the development of the Plain Language concept in future.

The objectives of the study include investigation into the premises and origin of the Plain English concept from both perspectives – legal linguistics and other related fields – as well as the study of the linguistic content of this concept in the paradigm of contemporary research.

The article considers the interrelation between the concepts of Forensic Linguistics, Legal Linguistics, and Judicial Linguistics in American, European, and Russian linguistics, respectively. The authors reveal linguistic and extra-linguistic prerequisites for the formation of the Plain language concept in the USA and European countries in the 20th century. They describe language means of adapting legal texts into plain language texts listed in the analyzed Plain English handbooks and consider some prospects for the development of the concept in the future.

Legal Linguistics as a University Academic Course (Case Study of University Textbooks and Master’s Programs in the Russian Federation): Aspect Approach

Nikolai Golev, Kristina Lonshakova — Sun, 01 Oct 2023 00:00:00 +0700

The article discusses the prerequisites and the current state of legal linguistics as a university academic course. The topic "Legal linguistics at university" covers three substantial areas in the article: legal, linguistic and pedagogical. The history and modernity of legal linguistics are noted and traced in several social statuses: legal linguistics as practice, as a research area, and finally, legal linguistics as a separate course included in the system of higher education and forming a major in educating lawyers and philologists at university. We intend to show in the article the origins and evolution of this phenomenon. The central issue of the work concerns the entry of legal linguistics into the system of higher education. Among the particular objectives of the article is the presentation of the specifics of the development of educational literature for the course of "legal linguistics ". The specific research goal of the article is to conduct a multi-aspect analysis of the structure and modalities of university textbooks in legal linguistics published and used in educational process. This work is a case study of a range of educational literature in legal linguistics, as issued from 2000 to the present. The article provides its aspect review. The main subject under consideration is the modality and structure of the educational edition; the main aspect of the study results from the thesis: the structure and modality of an educational edition is largely determined not only by its type (genre), but also by the target audience to which it is addressed (philologists, lawyers, experts, general readers).

On the Concepts of Insolvency and Bankruptcy in Russian Law

Konstantin Sasykin — Sat, 01 Jul 2023 00:00:00 +0700

The article is concerned with defining the boundaries of the terms "insolvency" and "bankruptcy". The author analyzed the correlation of terms, also including the history of Russian legislation, on the basis of which the features of the change in this institution to date are noted. The modern approach of the legislator to the definition of "insolvency" and "bankruptcy" seems to the author not fully justified, which includes the application of the category "bankruptcy" in Russian criminal law. Taking into account examples of foreign practice, it is proposed to legally distinguish between the categories.

On the Concept of Extremism

Julia Pechatnova, Maria Starodubtseva, Anton Pinchuk — Sat, 01 Jul 2023 00:00:00 +0700

The article discusses the analysis of approaches to the definition of the concept of “extremism”. The relevance of the study is predetermined by the importance of the qualitative organization of work to counter extremist activity, while the ambiguity of the meaning put into the concept of “extremism” gives rise to problems of qualifying certain actions (inactions) as extremist. The research methodology includes general methods of scientific research – systemic, logical, historical, as well as special methods, including the formal legal method, which allows for a contextual analysis of the legal meaning of the term “extremism”. An extensive methodology, theoretical and empirical foundations of the study made it possible to compare and generalize various views on the essence of extremism. The authors identify three dimensions in which it is proposed to explore the term under study: philosophical, socio-political, legal. The generalizing signs of extremism are indicated, the main of which is “extremism” in its many manifestations. The problems of type diversity of extremist activity are emphasized, in connection with which, it is concluded that it is impossible to build an exhaustive qualification of types of extremist activity by content. In addition, the article touches upon the problem of the essence of digital extremism as a currently popular social phenomenon on the example of the analysis of recent judicial practice. Finally, the authors come to the conclusion that the difficulties in understanding extremism are predetermined by the fact that the studied phenomenon itself is a complex of contradictions that arise between the individual, society and the state.

Commonplace Interpretation of Legal Utterances (Case Study of a Linguistic Test)

Julia Shcherbak — Sat, 01 Jul 2023 00:00:00 +0700

The article concentrates on solving the problem of commonplace interpretation of fragments of legal texts, the main characteristics of which is the presence of an inevitable multiplicity of interpretation options. The hypothesis of this study was the assumption that average native speakers understand legal statements ambiguously when reading and interpreting them. To obtain the evidence of linguistic consciousness in the ordinary interpretation of legal statements, the method of linguistic test is used; average native speakers of the Russian language (1st and 2nd year students). Through the application of this method, a fundamentally new result was obtained – the strategies of everyday interpretation of legal statements were identified and described: contextually-oriented, contextually-undirected and cognitively-oriented.

Hierarchy in Law: Practical Approachh

Igor Vasev — Sat, 01 Jul 2023 00:00:00 +0700

Modern practical jurisprudence is faced with many difficulties caused by the inconsistency of the current legislation. The resolution of conflicts of norms of different legal force, collisions of general and special norms, temporal (temporary) collisions is an integral part of the law enforcer’s work. This problem is particularly topical in relation to the interference of legal norms of different legal force. A hierarchically arranged legal system presupposes internal coordination of legal acts. The classical principle of resolving conflicts between normative legal acts of different legal force is the rule of the priority of a norm of greater legal force. However, when Russia is concerned, the deceptive simplicity of this rule is complicated by the lack of a legal system of legal acts, as well as by the principle of federalism. The hierarchy under discussion is developed by the efforts of theoretical science. The article also discusses the problematic aspects of using the hierarchy of legal acts in case of their collision.

Linguistic Aspects of Legal Writing (Case Study of the Word “Zavedomo” and Phrase “Znal ili Dolzhen Byl Znat” in the Civil Code of the Russian Federation)

Julia Donskova — Sat, 01 Jul 2023 00:00:00 +0700

The article discusses one of the research areas of applied linguistics – legal linguistics, in particular, its hermeneutical aspect. Our focus is on the functioning of language units in the legal discourse, based on the fact that the latter includes not only merely legal but also linguistic aspects because the language is a means to express certain phenomena, and the criteria of accuracy, consistency, comprehensibility for a non-specialist are important aspects of law drafting methodology. The subject of linguistic study is the functioning of the lexical unit zavedomo in the Russian legal discourse. The article points at the nature of usage of the lexical unit zavedomo in the Family Code and in the Civil Code of the Russian Federation. Special attention is paid to the wordings of Article 174 of the Civil Code (“Consequences of failure by a representative or a body of a legal entity to meet the conditions regulating the discharge of authority or interests of the represented or of the legal entity”) and to potential changes in interpretation subject to this lexical unit presence / absence. The article analyses the viewpoints of law experts (V. A. Belov, O. V. Berg, K. A. Gorbatov, S. L. Budylin) as to how significant the presence / absence of this lexical unit in the text of the above-mentioned law is, and also as to the reasons behind the wording of Article 174 of the Civil Code, the rationale behind the wording, and whether the meaning of the law undergoes any material changes because of it, as to the semantics and the function of the word zavedomo in the Russian legal discourse, and what linguistic aspects of law drafting methodology should be taken into account in such cases, and also what external factors may have an impact on the language of laws. The article includes a detailed discussion of the semantics of the zavedomo lexical unit, and emphasises the fact that the zavedomo lexical unit has become juridified under the influence of Article 307 of the Criminal Code of the Russian Federation (“Wilfully false testimony, expert / specialist opinion or mistranslation”). The analysis of contexts where the zavedomo lexical unit is used in the Russian legal discourse has showed that it is most frequently used as part of the structure znal ili dolzhen byl znat. Hence, we consider the legally binding type of obligation modality. In the case study of the zavedomo lexical unit and predicates of obligation (“must”) and possibility (“could”), we analyse challenges of copying English structures (“was aware or must have been aware”) into the Russian legal discourse, and also raise issues of linguistic examination of legal texts.

К вопросу о лингво-культурологической экспертизе при исследовании аниме

Farida Ахунзянова, Egor Akhunzianov — Sat, 01 Jul 2023 00:00:00 +0700

The authors of the article start from the idea that anime is a special product of the mass media space, which can have a strong and often destructive effect on the psyche of adolescents, becoming a potential or real factor in suicidal behavior in adolescents. In such cases, anime is subject to legal qualification, for the purpose of which various expert studies are carried out – more often psychological, less often linguistic. However, according to the authors of the article, linguistic-cultural examination is called upon to become the optimal tool for an objective study of anime. Within the framework of such a comprehensive study, it is possible not only to establish what exactly is said about the subject of speech, about the attitude towards it, about the purposes of communicating information to the addressee and why something is actually said, but also to explore anime plots from the point of view of social significance, as well as ideological and ideological aspects.

Purpose: reveal the possibilities of linguistic-cultural examination for an objective study of anime products.

Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic.

Results:

1) an idea of linguistic-cultural examination and its methods is proposed for scientific discussion;

2) the need for linguistic-cultural examination in identifying the destructive mechanisms of influence of anime products is emphasized and illustrated.

Challenges at Сlassifying Acts of Religious Feelings Defamation

Anna Bozhenova, Vladislav Erahmilevich — Sat, 01 Jul 2023 00:00:00 +0700

The article concentrates on the study of the special features of the disposition of paragraph 1 of article 148 of the Criminal Code of the Russian Federation from the legal and linguistic point of view. The article describes the problem of the legislator using subjective and evaluative categories when determining the objective and mental elements of the analyzed crime. The authors draw attention to the issue of linguistic ambiguity of some terms which leads to the problems with the classification of a crime. It happens because law enforcers don’t have enough legal methods for the correct interpretation of the actions of the person who is accused of committing an act of crime. Evaluative character of such categories as “publicity”, “feelings”, “believers” and “defamation” doesn’t let correctly differentiate offences and crimes specified in paragraph 1 of article 148 of the Criminal Code of the Russian Federation from some other crimes and offences specified in both the Criminal Code and the Code of the Administrative Offences. The article is a case study of paragraph 1 of Art. 148 of the Criminal Code of the Russian Federation. The specific features of the acts that are classified as defamation are studied. The authors focus on differentiating defamation from blasphemy, religious hatred and hostility. The authors make assumptions about improving the legislation pertaining to religious feelings defamation. In particular, they put forward the idea to enshrine the interpretation of some terms in the Russian Federation Supreme Court Decisions or in the special note to Article 148. clarifying some categories, which can make classifying acts as crimes easier for the law enforcers.

Ancient Chinese Concepts of Understanding Law

Oksana Moiseeva, Vitaly Rusanov — Sat, 01 Jul 2023 00:00:00 +0700

The article studies political and legal thought in Ancient China. Ancient Chinese thinkers in their works reflected their approaches to understanding law. Shang Yang in "Shang jun shu" ("The Book of the Ruler of the Shang Region") considers the law as the only regulator of social relations. Legalists equate the concept of law and law, law is considered as a set of rules of conduct emanating from the state and protected by it, which corresponds to the normative concept of legal understanding.

Another version of legal understanding was developed by representatives of Taoism. Lao Tzu in his work “Tao Te Ching” (“The Book of the Way and Grace”) paid special attention to the exposition of his teaching about Tao as the highest law of the development of the universe, nature, society and man. Tao acts as a natural law of immediate, direct action. Taoists are supporters of the natural law concept. In Confucius' work "Lun Yu" ("Conversations and Judgments"), the main regulator of social relations is not the Tao or the law, but the norms of ritual li. The right is not reduced to the law, but is considered as a set of legal relations, and the legal order that develops on the basis of them. Legal understanding of Confucius can be attributed to the sociological concept.

In the work of Xun Tzu, there are attempts to bring together the Confucian rules of the ritual "li" and the Legalist law "fa". A new, orthodox Confucianism is emerging, which no longer completely denies the law, but advocates management both on the basis of li and on the basis of fa, with the dominant role of li. In China, a new type of legal understanding is emerging - integrative or synthetic.

The article concludes that within the framework of the political and legal thought of Ancient China, there were various approaches to understanding law. After the proclamation in II BC. updated Confucianism with the official ideology of China, the integrative type of legal understanding becomes dominant, both in theory and in law enforcement practice.

Terminology of Information (Digital) Law: Semantics, Structure, Legislative Definitions

Marina Batyushkina — Sat, 01 Jul 2023 00:00:00 +0700

Attention is drawn to the conceptual apparatus of laws that regulate the processes of digitalization and the information sphere. The relevance is due to the following factors: insufficient scientific coverage of education issues and the definition of terms in the information (digital) sphere; demand for the results of theoretical understanding of these issues in expert (law enforcement, judicial) practice; problems of using borrowed vocabulary in normative texts. The features of semantics and structure of terms, including word-combination-terms, as well as word complex-terms are considered. The main methods of term formation and changes in the motivating stem are indicated. The grounds, methods and examples of alternative replacement of terms are analyzed. When considering the specifics of legislative definitions, emphasis is placed on the following points: firstly, the functions of the legislative (official) definition of the term; secondly, the conditions for formulating and adequately interpreting the definition; thirdly, frequently used means of formulating definitions, their structural features. In addition, attention is paid to such features as: variability of definitions of one term, duplication of the definition of a term in different legislative texts, coincidence of legislative definitions of different terms. To implement the objectives of the study, the methodology of legal linguistics and expertology is used. Research material: federal laws, as well as model codes and laws developed by CIS Interparliamentary Assembly.

Systemic Reconstruction of Legal Norms: Linguistic Aspect

Anastasiya Belous , Maxim Voronin , Anton Avramenko — Sat, 01 Jul 2023 00:00:00 +0700

This article continues the study of the problem of systemic reconstruction of legal norms (See: Voronin, M. V., Avramenko, A. V., Belous, A. A. (2022). Systematic reconstruction of legal norms: needs, methodology, prospects. Legal world, 9, 30-38).

The aim of the present article is to develop and describe a method of systemic reconstruction of legal norms in its linguistic aspect to solve the problem of converting legal texts in natural language into a database. The advantage of the method is a comprehensive interdisciplinary approach that combines jurisprudence, linguistics and subject matter expertise. This approach ensures high quality of the converted data.

Drawing on the case of The Good Manufacturing Practice (GMP), the substantial factors that make it difficult to interpret unambiguously the regulatory material are analyzed; with these factors in view, a model of a formalized wording is proposed. The model makes it possible to present normative material in a standardized form and to combine it into a database. Based on the reconstruction experience of the Rules of GMP, lexical and syntactic transformations of the source text, as well as typical semantic tasks that the expert solves at the synthesis stage are described. The article shows the effectiveness of transformational grammar rules at that stage to achieve semantic equivalence of the original and transformed textual information within the framework of the described method.

The method of systemic reconstruction in its linguistic aspect is significant for further work related to improving the language of technical regulations.

Criticism of Texts of Legislative Acts of the Russian Empire in the Political and Legal Work of N. M. Yadrintsev

Alexandr Golovinov, Julia Головинова — Sat, 01 Jul 2023 00:00:00 +0700

The publication concerns the problem of analysis of some legislative acts of imperial Russia in the political and legal ideology of the regionalists. An attempt has been made to show the diversity of references in the language of the regional doctrine to legislation and legal terms. It is shown that representatives of the Siberian regionalism movement were very selective in their analysis of the texts of legal acts of the Russian Empire, which was due to their interests for specific problems.

The authors found that while theoretically analyzing various government decrees on the proportionality of punishment and reduction of exile, such as Decrees of 1811 and 1821, as well as the Charter of 1822 on exiles, the Siberian thinker assessed the system of punishments as unsatisfactory. The attitude to this type of criminal punishment among legal scholars of the second half of the XIX century was ambiguous.

It is emphasized that the application of progressive views of legal scholars is very often observed in the political and legal ideology of regionalism. For example, N. M. Yadrintsev referred to the provisions of the International Prison Congress of Stockholm.

The authors comes to the conclusion that the textual analysis of the legislation by the regionalists in regard to the penitentiary policy of the state, including the problem of exile and maintenance of convicts, together with references to the doctrine of law, made it possible to comprehensively approach the solution of certain political and legal problems.

Factual Legal Responsibility: Formulation of the Problem

Vitaly Sorokin — Sat, 01 Jul 2023 00:00:00 +0700

The author of the article introduces the concept of "subjection of the letter of the law to the spirit of the law" and gives theoretical fundamentals of formalism in law. When jurisdiction is centered on formalism, law enforcers mechanically compare a legal situation to articles of laws and regulations. Subjection of the letter of the law to the spirit of the law presupposes law enforcers’ refusal from mechanical choice of norms which can be very formal concerning a particular case. A lawyer should keep in mind the purview of the law in regard to a particular case, as well as subjection of the letter of the law to the spirit of the law, and the binding force of the law.

On Understanding the Elements of a Threat of Homicide

Nadezhda Tydykova — Sat, 01 Jul 2023 00:00:00 +0700

The author analyzes the circumstances by which law enforcement practice establishes an element of reality as part of a threat of homicide. It is noted that the courts often interpret the essential element of reality unreasonably narrowly, linking it with reinforcing actions committed by the offender, which leaves a certain number of cases without a proper criminal legal assessment. It is proved that in order to be recognized as real, the threat does not have to be accompanied by reinforcing actions. Examples of other circumstances are given that may be associated with the fear of the victim about the implementation of the threat. A similar approach is proposed to be used in the qualification of those crimes in which the threat of murder is a qualifying circumstance. Various forms of expressing a threat of homicide are being explored. The author comes to the conclusion that if the threat of homicide was expressed not in an affirmative form, but in a probabilistic one, then its qualification under Art. 119 of the Criminal Code of the Russian Federation is possible only if the intent of the person is established in this way to influence the consciousness of the victim and form in them a state of anxiety for his life. The issue of the qualification of a threat of indefinite volume prospected to the future, a threat expressed to third parties against two or more persons have been resolved. The absence of grounds for accepting the idea of decriminalization of the threat of murder, which is expressed in the literature, is proved. The relevant rules for qualifying the threat of homicide are formulated, which, in the author's opinion, do not contradict the provisions established in the theory of criminal law and correspond to the positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation expressed on this issue.

Reservations and References in Legislation: Correlation Aspects

Julia Gerasimenko — Sat, 01 Jul 2023 00:00:00 +0700

The article discusses certain aspects of the correlation of norms-reservations and references used in the provisions of legislation. Applying complex general scientific and special research methodology, including: dialectical, comparative legal, and formal legal methods, based on elements of general and special norms-reservations and references in legislation, the author formulates provisions that clarify and develop the doctrine of the specialization of legislation, the legal technique of law-making, as well as proposes a vision of the fundamental basis of the norms-reservations. The reservation is seen as a kind of special legal regulation aimed at regulating specific legal relations. The thesis is argued that interacting with other technical and legal means and methods of legal regulation, primarily legislative references, the norm-reservation often acquires its legal expression. Based on the analysis of legislation, law enforcement practice and legal doctrine, the various functional potential of norms-reservations and legislative references is proved, their significance as means of legal influence is shown. The conclusions expressed by the author expand legal knowledge about the theory of the legal norm, and will also serve as the beginning of a scientific discussion regarding the independent perception of the norm-reservation, and will stimulate further scientific endeavor.

The Concept of "Atypical Employers" and Their Types

Elena Kiseleva , Dana Tsybenko — Sat, 01 Jul 2023 00:00:00 +0700

The article investigates the concept of "atypical employers". The relevance of stating a new term is emphasized. It is noted that the diversity of types of employers as subjects of labor law makes it necessary to single out not only types, but also to carry out a certain typology. The types of employers considered in the article allow the authors to divide them into two large groups: typical and atypical employers. As an example of atypical employers, the specifics of employers - small businesses classified as micro-enterprises are revealed. The general essential features and peculiarities are singled out, which acquire uncharacteristic, that is, atypical manifestations for individual employers. It is concluded that an atypical employer is a subject of labor law with a special legal status.

On the Scope of the Concept of "Relationships to Provide Environmental Safety"

Natalya Kalashnik , Olga Trubnikova — Sat, 01 Jul 2023 00:00:00 +0700

The article discusses the problem of determining the scope of the concept of "relationships to provide environmental safety" and the effectiveness of the legal regulation of this group of environmental relations. Based on the analysis of strategic planning documents and regulatory legal acts (both current and invalid), the state of legal regulation of the considered group of social relations is determined, and problematic aspects of the effectiveness of the regulation of this sphere of relations are identified. In order to establish the causes of the current situation, the paper examines the doctrinal approaches that have developed in the science of environmental law to determine the place of relations to ensure environmental safety in the subject of environmental law. The study of the stated problem is carried out from the standpoint of a broad approach to the subject of environmental law, which includes three groups of relations: relations for environmental protection, relations for nature management, relations for proeiding environmental safety. When deciding on the scope of relations to provide environmental safety, the authors reveal the link of these relations with the prevention and minimization of environmental risks. The paper notes that this feature makes it possible to distinguish between relations on providing environmental safety from relations on environmental protection and nature management. Exploring the current legislation, the authors come to the conclusion that there are shortcomings in the regulations that impede effective legal influence on the social relations in question, and suggest ways to eliminate these shortcomings. In addition, the article notes that a serious obstacle to the formation of effective regulatory requirements in this case is the insufficient theoretical (scientific) development of issues of providing environmental safety, as well as the absence of a special regulatory legal act that defines the basis for regulating the relations in question.

Names of Genitals: Nominative Features and Their Functioning in Pornography Narrative

Olga Zaytseva, Pavel Katyshev — Sat, 01 Jul 2023 00:00:00 +0700

The paper deals with the classification of ways of designation genitals in Russian. The theoretical basis is represented by researches on meaning euphemization, the theory of conceptual metaphor and existing classifications of genital vocabulary. The aim of this study is search for classification grounds needed for the systematization of the studied group of words and the description of the lexical ways of designating the genitals in Russian. The material for the study was 120 fragments of pornographic texts containing an explicit description of the consensual and nonconsensual sexual interaction. Based on the lexical-semantic analysis, four ways of nominating the genitals were identified: orthophemistic, euphemistic, dysphemistic and metaphorical ways. Anatomical terms and lexemes of the bookish and colloquial styles were attributed to the orthophemistic way of nomination. The euphemistic way of nominating the genitals included lexemes and lexical combinations which semantically accentuate the sacred status of the genitals or contain reference to their structure, location, physiological features. Euphemization of the studied somatisms was also carried out through the mention of a piece of clothing that covers the genitals or of internal organs of the reproductive system (for female genitals). Lexical constructions in which the genitals were associated with their owner were also attributed to the euphemistic method. The dysphemistic method included lexemes and lexical combinations containing in their semantics indications of the inconsistency of the genitals with the bodily canon, diminutive and augmentative terms, and obscene lexical items. Fourteen metaphorical groups of nominations for male genitalia and fifteen groups of nominations for female genitalia were identified. Four feature concepts that are involved in the formation of the figurative representation of the genitals were found: (1) external similarity, (2) functional characteristics, (3) role in sexual interaction and sexual practices, (4) sociocultural representation.

Indecent Utterance in Law, Linguistics and Forensic Examinations

Svetlana Doronina — Sat, 01 Jul 2023 00:00:00 +0700

The article is a brief overview of the studies of the category of "indecent form of utterance" as the main indication of insult in legal linguistics. The paper shows that insult in its naive-linguistic and linguistic sense, enshrined in the term "invective", is not identical to insult as a legal phenomenon. Linguists involved in in-depth studies of invectine as it is understood by the provision of law discagree about two points : correspondence of prohibitive lexicographic tags to the legal definition of "indecent form" and assessment of (in)decency of forms in a particular communicative situation. When “indecent form” is interpretrd widely, all gross violations of speech ethics and institutional communication regulations are seen as subjects of legal liability. With a narrow approach, only explicitly cynical statements forbidden for public use are recognized as indecent. The second approach now has broader support, although among its adepts there is still disagreement about what stylistic coloring - obscene, vulgar, rude, abusive - should be considered "indecent transfer". Currently, methods of expert linguistic research of invective speech acts have been developed. One of the most authoritative of them is presented in the scientific and information manual “Forensic Linguistic Expertise in the Case of the Charges”, developed at the Russian Federal Center for Forensic Expertise of the Ministry of Justice of Russia; it has been sucessefully used for analisis of speech conflicts for about ten years. Comparative analysis of methods described in major research papers of the previous decade also demonstrates inconsistency in the actions of experts from various institurions concerning indecent wording, which, of course, requires research by the Russian expert community to develop a uniform approach to the analysis of conflict utterances.

Forensic Linguistic Expertise: Specifics of Evaluation in Criminal Proceedings

Natalie Papoyan — Sat, 01 Apr 2023 00:00:00 +0700

The paper is about the research of the forensic linguistic expertise evaluation in criminal proceedings. The interest for forensic linguistic expertise grows yearly. This is conditioned by the introduction of additions to the Russian Criminal Code represented by articles 207.3, 284.2; by the constant growth of extremist crimes; by instances of forensic examinations made by incompetent linguists, etc. In this regard, the problem of evaluation of forensic linguistic expertise is quite relevant and requires an immediate and practical solution in particular. The article discusses the peculiarities of forensic linguistic expertise evaluation from the perspective of different subjects of evaluation, the process of forming their inner conviction and options for the final decision. We believe that one of the important stages of solving this problem is to determine the formal parameters of the expert opinion evaluation. These parameters will allow the subjects of evaluation to form an inner conviction regarding the acceptance of the conclusion of linguistic expertise as evidence. In addition to the existing recommendations for forensic linguistic examination, it is necessary to thoroughly assess the competence of the expert, the object of the examination, the list of terms, literature, etc. We believe that the formal criteria of forensic linguistic examination evaluation contribute to a more objective evaluation of the forensic examination, which is especially relevant for the subjects of evaluation who meet the linguistic examination for the first time in the investigative or judicial practice.

Speech Torts in the Context of Modern Realities

Ekaterina Alymova — Sat, 01 Apr 2023 00:00:00 +0700

The article discusses a number of problems related to the interpretation and application of certain types of speech torts. In particular, the author's opinion is given on the interpretation of the concept of "another form that contradicts the norms of morality and ethics", on the differentiation between opinions and statements as parts of publications in Internet blogs. The author expresses the opinion on the necessity of taking into account the context of publication placement when determining the intention of the author of a controversial text, gives examples from personal work experience, and also emphasizes the need of unifying linguistic knowledge to eliminate existing discrepancies in the interpretation of the concepts used. The paper provides examples from the author's personal experience as a forensic linguist.

Theoretical and Applied Analysis of the Category "Obstruction" in the Articles of the Special Part of the Criminal Code of the Russian Federation

Anna Korennaya — Sat, 01 Apr 2023 00:00:00 +0700

The article considers the elements of crimes of a special part of the Criminal law, containing the category "obstruction" as a constructive element of the objective or subjective side. The methodological basis of the research is the classical general scientific methods of cognition, as well as special methods of legal research, in particular, comparative legal, empirical, as well as the method of legal practice, and linguistic means of cognition of the studied category, which allows us to establish the meaning of the term in its original understanding before its implementation in criminal law. The analysis allows us to conclude that there are ambiguous approaches in understanding the content of obstruction as an independent criminal legal category. Firstly, it refers to various elements of the corpus delicti. Secondly, in some compositions, the fulfillment of the objective side of the crime committed by obstruction is possible only by action, and in others by inaction. In Chapter 22 of the Criminal Code of the Russian Federation, obstruction is the result of illegal activity, which corresponds to the lexical meaning of the term in question. However, such an understanding gives rise to a qualification question about the possibility or impossibility of qualifying acts according to the rules of the multiple offences. According to the results of the study, the author comes to the conclusion that the current criminal law regarding the use of the category "obstruction" is subject to change: it is necessary to attribute obstruction exclusively to the signs of the objective side, in its legal and lexical meaning it cannot be the purpose of committing a crime. The norm of Art . 169 of the Criminal Code of the Russian Federation is subject to exclusion, since the methods of committing a crime are excess and abuse of official powers, responsibility for which is provided for in the chapter on official crimes. When describing obstruction as a sign of the objective side of the crime, an indication of the commission of a crime in any form should be excluded, since this creates problems in law enforcement practice in terms of additional qualifications if the method of obstruction is an independent crime.

Actualization of the German Language Status in the Absence of the State Language Category in the German Legislation

Ekaterina Kozhevnikova — Sat, 01 Apr 2023 00:00:00 +0700

This article addresses the issue of the representation of the German language status in legislative texts of the Federal Republic of Germany in the absence of the category «state language». The research methodology is based on the E. S. Kubryakova's understanding of the nominative aspect of the speech activity, who distinguishes two ways of designating objects: both through nomination and predication. The aim of this paper is to determine main functions of linguistic expressions, which regulate the role of the German language in legislation (nomination and / or predication), and language means of their representation. Research objectives: 1) to make a selection of fragments of normative legal acts on the federal level related to language legislation; 2) to select the nominations and / or predications used to actualize the leading role of the German language; 3) to study the structure of selected nominations and / or predications. The material of this paper is presented by excerpts from the Fiscal code, Authentication law, Court constitution law, Law on the protection of brands and other marks, Law on alternative dispute resolution in consumer matters, Law on the residence, employment and integration of foreigners in Germany, Law on the supervision of insurance companies, Trading law, Disability equality act, Commercial Code. In the theoretical part of the work, definitions of the categories «state language», «official language», «nomination» and «predication» are presented. The practical part of the paper addresses the analysis of excerpts from federal legislation. In conclusion, the results of the issue are presented: the leading role of the German language in the legislation of the Federal Republic of Germany is updated through nominations and predications; nominations are represented both by separate compound words and by sequences of words syntactically related to each other; predications are represented by semantic verbs in the form Präsens Indikativ (in conditional clauses) as well as several types of modal constructions.

The Judge Figure in the Works of V. M. Shukshin

Vasily Skorev — Sat, 01 Apr 2023 00:00:00 +0700

The article examines a number of works by V. M. Shukshin, in which certain legal conflicts appear, and a judge is present to resolve them. The purpose of the study is to identify domestic traditions of justice, judicial institutions, the judge figure as features of a holistic worldview of a person, typical of national and legal culture and, therefore, necessary. Based on the analysis, the author concludes that there is a problem of little-studied and insufficient presentation of the true-to-life figure of judge in modern Russian literature; attention is drawn to the phenomenon under study.

Some Challenges of Defining the Legal Status of Publication Hashtagging on Social Networks

Maria Starodubtseva — Sat, 01 Apr 2023 00:00:00 +0700

The article covers the study of the legal status of hashtagging. The relevance of the study is predetermined by the increased danger of mass control technologies applied to Russian youth through the Internet. The research methodology includes general methods of scientific research - analysis, synthesis, systemic, logical, as well as special methods, including comparative legal method. The method of comparative legal research allows us to highlight the main problems of hashtagging legal regulation. The study includes three main stages: (1) - analysis of the basic regulations in the area under study and identification of contradictions in legal regulation; (2) -analysis of the current situation as a practical matter of defining hashtagging as a phenomenon that is not relevant for legal reality; (3) – outlining the way to resolve the existing contradiction in the legislative regulation and practice.

The main challenge found is the ambiguity in defining the legal status of hashtags in isolation from the text of publications. As a result of the work done, the author comes to the conclusion that it is necessary to improve the legislation aimed at regulating the legal status of hashtagging and to clarify this through the supreme judicial authorities.

Dialogue as Text Containing Emoticons: Jurislinguistic Approach

Yana Dudareva, Nadezhda Shpilnaya — Sat, 01 Apr 2023 00:00:00 +0700

The article considers dialogues containing emoticons, which have become case materials of various lawsuits. The key problems for legal linguistics related to the functioning of texts containing emoticons in modern electronic communication are considered: verbalization of emoticons, including online verbalization with the help of specialized emoji-translators, and their interpretation and lexicography. Basing on the considered court cases, the problem of similarity between the text, which includes emoticons, and the verbalized text, which does not contain pictograms, is also formulated. Basing on the analysis of pictogram texts, as well as messages containing emoticons, it has been concluded that the similarity between text with pictographic elements and text that does not contain emoticons can be represented to various degree. Three options are possible: 1) the presence of complete similarity (identity) between the text containing emoticons and the text, which is its exact verbalization; 2) the presence of partial similarity between text with emoticons and text without pictographic elements; 3) lack of similarity between text with emoticons and text without pictographic elements. The degree of similarity between texts arises from the phenomena of polysemy, homonymy and synonymy. The appearance of new meanings in the emoticon leads to the development of synonymy between pictograms, and ultimately to the synonymy of message texts. The homonymy of emoticons can be culture determined, and can also be associated with the broadening and narrowing of the communicative context of the situation from the position of the addresser and addressee of the message. Between the text containing emoticons and the text in which there are no emoticons, there may be a dictum similarity (identity), but at the same time accompanied by mode differences. Thus, the degree of similarity between a text containing emoticons and a verbalized text is determined both ontologically, i.e. by the very use of signs, which are characterized by the presence of multifaceted relationships, and epistemologically, i.e. depends on the social, psychological traits, characteristics and attitudes of persons entering into communication.

Speech Strategies of Defamation (Based upon Experience of Forensic Linguists)

Svetlana Zakharchenko, Vladislav Zasypkin , Tatiana Sirotkina — Sat, 01 Apr 2023 00:00:00 +0700

The article considers the repertoire of direct and indirect speech tactics applied to implement strategy of defamation of the Armed Forces of the Russian Federation employed to defend Russian Federation’s interests and its citizens’ interests, support international piece and safety; defamation of Russian government authorities executing defense of Russian Federation’s interests and its citizens’ interests. The material of research – video files, pictures, screenshots of the social nets, containing the signs of defamation. The method of discourse analysis, semantic analysis, motivation and target analysis are used in the research. The typical set of speech tactics of defamation strategy was revealed. The set is a certain basis for a linguist to qualify utterances as defamatory.

Legislative Clichés: Specifics, Types and Functions

Marina Batyushkina — Sat, 01 Apr 2023 00:00:00 +0700

The article considers expressions (cliches) used in modern laws and model legislative acts. The concepts of "legislative cliché" and "hackneyed phrase" are differentiated. Approaches to research (discursive and genre-stylistic) and their correlation are grounded. Varieties of clichés (general, interdisciplinary, special, actional-imperative, frame-reference), functions and other features of legislative clichés are considered. Firstly, the communication of information that is universal for the legal regulation of social relations (general, interdisciplinary legislative clichés). Secondly, the identification of a specific area of regulated relations (special clichés). Thirdly, the specifying of actions that are performed in relation to legislative concepts, structural units or the legislative text as a whole (actional-imperative legislative clichés). Fourthly, the specifying of the structural units of the law, as well as ways of referring to the text of the law or part of the law (frame-reference legislative clichés). Common features of legislative clichés are distinguished: integrity of meaning, semantic stability, uniformity of structure, contextual stability (locality), regularity of reproduction, polyfunctionality; as well as potential (additional) features: transformation of the meaning, addition of components (broadening of semantics), variation of use, equivalence (possibility of substitution) but not identity. It is concluded that the legislative cliche is a discursive marker of the speech genre "Law". Research material: texts of federal laws and model acts, dictionaries of legislative terms.

Legal Design as Means of Smart Regulation

Marina Kozlova — Sat, 01 Apr 2023 00:00:00 +0700

The article is dedicated to the exploration of possibilities of using legal design for smart regulation. Smart regulation aimed at obtaining the maximum effect by minimal means is connected to using a range of instruments, one of which is nudging. The nudge theory is used in behavioral economics; it is suggested to consider the peculiarities of human thought and behavior bearing in mind that in most cases humans behave irrationally, they are led by emotions, cognitive bias, they tend to follow the majority. It is suggested to form the choice architecture in such a way that a human would prefer the most sensible option while not losing the freedom of choice. An important element in forming the choice architecture is the availability of information, which provides effective communication. Availability and completeness of information provided by plain language let people fully comprehend the consequences of their actions. It is proven that comprehensibility can be achieved through legal design of documents, which implies applying different means of simplification of form and content to a legal document (a contract, a judicial act, a normative legal act). The means of simplification of form are structurization, visualization, using tables, diagrams, readable font, while the means of simplification of content is plain language of a document.

Examples of requirements of the law to the structure and design of contracts that lead to financial obligations are listed in the article. The conclusion is drawn out that the means of legal design provide availability of information, which leads to using reflexive thinking, which implies realizing the consequences of one’s actions, making rational and informed decisions; all of it can be viewed as the aim of smart regulation.

Negative Deverbatives in the Texts of the Law: Communicative and Pragmatic Aspect

Vera Popovskaya — Sat, 01 Apr 2023 00:00:00 +0700

The article concentrates on the study of the peculiarities of the functioning of negative verbal nouns (deverbatives) in legislative texts. In the process of analyzing the current laws of the Russian Federation, it was found that the negative deverbatives used in them have different degrees of substantivisation, and the most common are lexemes ending in -ение, that is, exactly those in which the verbal semantics of the base is clearly manifested. On the contrary, the more strongly a word has been substantivized, the less opportunities it has to attach negation. Weakly substantivized nouns are quite difficult for the recipient to perceive, since they are the result of nominalization of the original predicate, during which the particle does not merge with the base and turns into a prefix, thereby forming a word that is more complex in terms of structure and semantics. In addition, acquiring formal indicators of belonging to a group of nouns, the lexeme continues to express verb meanings that can be actualized in certain contexts. In this paper, three types of contexts are distinguished that actualize the verbal semantics of the deverbative: 1) use in constructions with derived denominal causal or conditional prepositions; 2) the presence of a negative deverbative noun in the creative case with the meaning of the actor; 3) use in constructions with propositional actants. The functioning of the deverbative in the above-mentioned contexts often leads to a contradiction of their substantive and verbal meanings.

Issues of Interpretation of the Special Part of the Criminal Law

Diana Golenko — Sat, 01 Apr 2023 00:00:00 +0700

The article examines some issues of interpretation of the provisions of the Special Part of the Russian criminal law. Some debatable issues related to the subject of interpretation and the limits of the interpretation of the criminal law are outlined. It is indicated that the opinion about whether the judiciary can interpret the law, or only the legislator has such a right, is currently not popular. Most researchers believe that the judiciary has the right to interpret the criminal law. Attention is drawn to some types of interpretation. The issues of judicial interpretation of the Special Part of the Criminal Law are considered in more detail. Scientific works propose to consider two options for interpreting the criminal law: clarifications on a specific case and clarifications contained in the resolutions of the Plenum of the Supreme Court of the Russian Federation. The author comes to the conclusion that the resolutions on specific cases adopted by the Supreme Court of the Russian Federation most often precede the interpretation that will be contained in the resolutions of the Plenum of the Supreme Court of the Russian Federation, they set the vector for understanding the law, contribute to uniformity in understanding the provisions of the Special Part of the Criminal Law. Some limits of judicial interpretation of the Special Part of Criminal Law are named. In the judicial interpretation of the provisions of the Special Part of the Criminal Law the structure of the corpus delicti must not be changed. Criminal law is most often established to be valid for a long time. In the event of a significant change in social relations, it is the legislator that must decide to amend the article, recognizing it as invalid, rather than the court must define as criminal some acts which are not stipulated as such by the legislator in the Special Part of the Criminal Law.

Correlation Between International and Domestic Standards of Fair Justice in the Light of Russia's Withdrawal from the Council of Europe

Elena Vovk — Sat, 01 Apr 2023 00:00:00 +0700

The author analyzes the impact of the decisions of the European Court of Human Rights on law enforcement practice in the field of exercising the right to a fair trial. The article considers the consequences of Russia's withdrawal from the Council of Europe in the context of the possibility of continuing to use the legal positions of the ECtHR to determine the criteria for a fair trial.

The Essence of the Concept of Guaranteed Securing of Proper Performance of Duties of Participants in Criminal Proceedings

Evgeny Petukhov — Sat, 01 Apr 2023 00:00:00 +0700

The article deals with the problem of fulfilling the duties of participants in criminal proceedings. It identifies means to ensure their proper execution. The concepts of legal obligations, guarantees (means) of ensuring their fulfillment, the system of these means combined into a legal mechanism of provision are discussed relying on the theoretical knowledge existing in the legal sciences. The elementary content of the theoretical concept of ensuring the proper execution of criminal procedural duties is determined and its essential concept is formulated. The elements that make up its basis are revealed and its importance for the effective solution of the tasks of criminal proceedings is substantiated.

Semantic Diffusion of Legal and Near-Legal Terms as a Practical and Research Problem

Nikolai Golev, Anna Irkova — Sat, 01 Apr 2023 00:00:00 +0700

The semantic diffusion of the lexicon of law as a factor of the multiplicity of their interpretations is studied. The texts of the federal and regional levels in the field of ecology and tourism are considered using digital methods (reverse translation into English and Chinese; a program for comparing texts for similarity). The dissimilarity zones, equivalents, synonyms are shown. The relationship between the degree of complexity and the percentage of similarity of the original and the reverse machine translation is established.

Linguistic Rules of Legal Technique: Reasonableness, Obligation, Efficiency

Marina Davydova — Sat, 01 Apr 2023 00:00:00 +0700

The article discusses the requirements that are necessary to simplify the text of the law and increase its intelligibility. The main attention is paid to the rules for the use of contextual and generally accepted abbreviations, because they can significantly reduce the volume of the law, save it unnecessary repetitions and make it more understandable. Examples of inconsistent use of contextual abbreviations by the legislator are given, as well as examples of texts in which it would be appropriate to use abbreviations. It is concluded that the effectiveness of technical legal rules is possible only if they are reasonable and obligatory to comply to. It is proved that the problem of the complexity of the modern Russian legal language needs a planned state policy, covering the reform of both the rules of legislative technique and the legislative procedure itself. As tools to assess the effectiveness of these rules and support their observance, it is proposed to establish a mandatory automatic check of bills for syntactic complexity, as well as to involve focus groups to assess the level of readability of texts and the comprehensibility of the terms and abbreviations used in them. The study is financially supported by the Russian Science Foundation, project № 21-18-00484, https://rscf.ru/project/21-18-00484/.

Independent Anti-Corruption Expertise in the System of Russian Law

Olesya Kazantseva — Sat, 01 Apr 2023 00:00:00 +0700

The research covers a comprehensive analysis of the institute of independent anti-corruption expertise in the system of Russian law. The relevance of the topic is determined by the need to improve the forms of participation of citizens in the law-making activities of public authorities in order to prevent corruption. Anti–corruption expertise is one of the preventive mechanisms enshrined in the legislation of the Russian Federation to curb corruption and carried out into regulatory legal acts of state and local government bodies and their projects. An independent examination is carried out by citizens and legal entities accredited for this purpose by the Ministry of Justice of the Russian Federation, on their own initiative and at their own expense. The article analyzes regulatory legal acts (federal laws and by-laws of the President of the Russian Federation, the Government of the Russian Federation, federal ministries), which regulate the activities of independent experts authorized to conduct an examination of regulatory legal acts and draft regulatory legal acts on corruption. The study has singled out the problems that independent experts face when conducting an anti-corruption examination, identifying corruption-causing factors, preparing an opinion on the results of an independent anti-corruption examination, when interacting with public authorities in case of divergence of opinions on the presence of corruption-causing factors, and has proposed ways to solve them. First of all, the emphasis is put on the development of the conceptual apparatus, the methodology of anti-corruption expertise, which allows proficient and prompt identification of corruption-causing factors in regulations and their projects, as well as legislative control of situations are often encountered in practice and causing ambiguity.

Types of Legal Bonds Arising in the Mechanism of Ensuring the Proper Discharge of Duty by Participants in Criminal Proceedings

Evgeny Petukhov — Sat, 01 Apr 2023 00:00:00 +0700

The article discusses the problem of ensuring the discharge of duty of participants in criminal proceedings. The article reveals the elementary structure of the security mechanism, functioning of which guarantees the proper discharge of the duty of participants in criminal proceedings. The heterogeneity of the elements that make up the internal structure of the security mechanism under consideration is determined and the types of bonds that arise between them during their interaction are established. The importance of these bonds for the functioning of the mechanism for ensuring the proper discharge of criminal procedural duties is assessed. The forms of manifestation of these bonds at implementation of the law-enforcement by the authorities in criminal cases are revealed.

Speech Сulture in the Professional Activities of a Lawyer: Methodological Techniques for Teaching Legal Writing

Svetlana Doronina — Sat, 01 Apr 2023 00:00:00 +0700

The article describes the experience of teaching the course "Fundamentals of Legal Writing" to students of the training program "Jurisprudence". The teaching is based on the analysis of grammatical errors made by compilers of texts of jurisdictional genres. The undertaken functional approach to learning made it possible to establish that, depending on the type of speech generated (narration, reasoning, description), writers experience various difficulties. Thus, the learning tasks of the course are divided into three groups. The first is aimed at mastering the rules for constructing grammatical models inherent to official business speech (nominal, semi-predicative and passive constructions). The second is aimed at mastering effective ways of narrating about the circumstances of the offense. The skills being formed are focused on compiling interrogation protocols. The third group of exercises is aimed at mastering models of reasoning about the causal relationship of facts and the relationship between the event of an offense and legal norms. This skill is necessary when issuing decisions, sentences, judicial acts, etc. It is noted that the description as a type of speech is found in drawing up protocols of inspecting objects or documents and accounts for mainly speech errors associated with the selection of lexical means.

Indecent Form of Trade Names

Anastasiya Akinina — Sat, 01 Apr 2023 00:00:00 +0700

The article concentrates on the consideration of the term "indecent form" referring to to linguistic expertise of trade names. There is no interpretation of the concept of "contradiction to public interests, principles of humanity and moral" in the Russian legal system, although in both international and Russian law affecting the protection of intellectual property (and trade names in particular), this concept is enshrined and works as one of the grounds for refusal of state registration of a trademark/service mark. The article proposes to include the notion of contradiction to public interests, principles of humanity and morality into the scope of concept of "indecent form" recognized in legal linguistic practice when solving practical issues of intellectual property expertise (in particular, the linguistic part of such expertise).

Methods for Automated Comparative Analysis of Texts when Detecting Signs of Plagiarism in Expert Case Examinations of Сopyright and Related Rights Infringement

Polina Belova — Sat, 01 Apr 2023 00:00:00 +0700

Within the framework of linguistic expertise on cases of copyright and related rights infringement experts are increasingly faced with the challenge of comparing several texts and searching for full-text, partial and other (lexical, grammatical, semantic, etc.) coincidences in them, as well as determining the values of these coincidences. Comparing documents manually takes a lot of time, especially if the research materials are multi-page texts. This article suggests possible ways to automate and improve this work by using special online document comparison tools: "Copyscape", "Embedika Compare", "Draftable Online", "Compare texts", "Copyleaks Text Compare Tool". The given list of tools for comparing texts is compiled by the article author based on the experience of using them in expert practice. For each of the services, the article indicates its advantages and disadvantages, as well as describes the algorithm of operation and features of the presentation of comparison results. Some tools have simple functionality and display how many words matched, show the percentage of uniqueness of the compared texts, others have more advanced comparison analytics and, in addition to the percentage of matches and the number of identical words, determine the types of similarities of text fragments, highlighting among them identical (full-text), similar (with minimal changes) and paraphrased. Nevertheless, the obtained results of comparing text files still require their expert verification and further linguistic research with the interpretation of the established coincidences and the definition of their type, especially with regard to lexical, grammatical, semantic, syntactic coincidences.

The Procedure of Determining Degree of Similarity between Оbjects in Linguistic Examination

Sergey Krassa — Sat, 01 Apr 2023 00:00:00 +0700

The article describes the research procedures for determining the degree of similarity between the objects of linguistic examination. The procedure is based on the combination of qualitative and quantitative methods and the use of computer tools. The main objective of this study is to describe ways of obtaining the most reliable results, which can be verified. For carrying out of research three sets are allocated: initial object, object compared with initial, and object-construct, which includes the characteristics common for the compared sets. The objects may be interrogation protocols, texts checked for plagiarism, trademark names, newspaper publications and other. Qualitative procedures imply singling out characteristics describing objects, while quantitative procedures allow normalization of parameters identified in the objects. The extraction of characteristics is carried out by expertise, relying on the classifications accepted in linguistics. The analysis of texts with identical content is carried out by selecting identical fragments and estimating their volumes. The analysis of the similarity of trademarks is carried out on the basis of phonetic, graphic, semantic and associative parameters. The analysis of texts for possible authorship is carried out with the help of lexical, morphological and syntactic data. On the basis of the obtained numerical indicators, similarity coefficients are calculated. Characteristics that involve a selection of a yes/no answer are marked with 1 for a positive answer and zero for a negative one. Characteristics that have a numerical expression are compared using correlation coefficients and are recognized as identical when the value is 0.7 or higher. Numeric analytical procedures are generally based on the use of computer services. The numeric data obtained are represented by the coefficients of Jaccard, Sørensen, Kulczynski and Ochiai.

Actualization of Confrontation in Political Discourse

Irina Zyubina — Sat, 01 Apr 2023 00:00:00 +0700

The article concentrates on the actualization of confrontation in political discourse as a manifestation of asocial dominance, which can potentially be conflict-instigating depending on the subjective perception of the addressee. An important role in this perception of the listener is played by a number of factors, for example, the level of education, nationality, party membership. The paper is a case study of the texts of parliamentarian speeches of various parties of the State Duma from the transcripts of meetings of 2022. The results of the study of the Russian-language political discourse made it possible to identify the following communicative strategies and their corresponding communicative tactics that actualize confrontational dominant behavior: the disapproval strategy (tactics: negative assessment of the opponent’s intellectual qualities, criticism of the opponent’s actions, disagreement with the opponent’s opinion, insult, labeling), the accusation strategy (tactics: accusation of injustice, accusation of ignoring moral norms and values, reproach for understatement and dishonesty, accusation of the current negative situation), the strategy of intimidating of the opponent (tactics: exaggeration of consequences, formation of fear, warning of a threat, reference to the past), the pressing strategy (tactics: showing off one's own merits, teaching the addressee by the addresser, calling the opponent to the opposite behavior, opposing oneself to another person by status). In all the communicative strategies and tactics above, the phenomenon of dominance is actualized in the aspect of confrontational communicative behavior, not aimed at cooperation, but emphasizing the personal ambitions of a politician or a corresponding political party.

Michel Foucault's Idea of "Biopolitics" in the Context of Contemporary Legal Theory Methodology

Lidia Volokitina — Sat, 01 Apr 2023 00:00:00 +0700

Ideology of Oblastnichestvo as the Reflection of Russian Culture: Case Study of Lexico-Linguistic Practices in George Grebenshchikov's Story «The Khanate of Batyrbek»

Elena Masyaikina, Sofya Vladimirova — Wed, 28 Dec 2022 00:00:00 +0700

The article researches lexical and linguistic practices in George Grebenshchikov's story "The Khanate of Batyrbek" as one of the outstanding works of regional literature. George Grebenshchikov's interest for regionalism is connected with the inheritance of the ideas of Nikolay Yadrintsev and Grigory Potanin, as well as with the construction of an autobiographical myth: Grebenshchikov called regionalism one of the key elements of his autobiography. "The Khanate of Batyrbek" embodies the writer's interest for nomadic culture and combines ethnographic and artistic components, processing the problem of nomads integrating into a settled society. The article analyzes the practices that Grebenshchikov uses to oppose the cultural identity of the non-European peoples of Siberia and Western civilization, which strives for unification. Characters’ way of life and their national identity are created by such lexical and linguistic means as “speaking names”, foreign inclusions, as well as those given in the text without translation. Thus, the story of George Grebenshchikov "The Khanate of Batyrbek" is an illustrative representation of the lexical and linguistic practices of the Siberian regionalism.

"Beyond": Trash Journalism on the Verge of Communicative Norms

Marina Deminova, Anastasiya Chugulova — Wed, 28 Dec 2022 00:00:00 +0700

The range of functions of modern journalism has expanded, now it not only informs, but also influences, using the entire arsenal of expressive means. Emotionally charged text has a much greater impact on us. Trash is something that catches the eye, attracts attention, shocks, transforms familiar forms. The main thing in such materials is the assessment, and, what is especially interesting, this assessment is always demonstrative and personal in nature. In trash journalism, the author's task is to change the reader's picture of the world, to force him to accept the author's, in this case, always an extraordinary view of the world. Trash journalism is a fairly multifunctional phenomenon that meets the requirements of extremeness, sensationalism and perversion. It is distinguished by the ability to perform several tasks at the same time. For example, a television program can inform, broadcast about acute social problems, and even offer an alternative solution to these problems, while at the same time trying to entertain the viewer. The pathos of laughter always remains dominant. Trash journalism gives the viewer the opportunity to experience the thrill, and the viewer, often without noticing it, succumbs to this temptation. The article discusses the main features of trash journalism based on the material of the talk show "Beyond the Border" (NTV television channel): the connection of content content with the culture of everyday life, appeal to the bodily, to the problems and needs of the "bottom", the cultivation of the aesthetics of the ugly, drawing attention to events , corresponding to the principles of sensationalism and extremeness, pathology and perversity. The talk show "Beyond" is distinguished by the freedom of information presentation, the laws of media communication and media content are denied, the reality is simulated.

Interpretation of the Law in the Light of Postmodernism

Vitaly Sorokin — Wed, 28 Dec 2022 00:00:00 +0700

The article analyzes the reasons for neglecting the truth in the process of interpretation of law and proposes ways for modern jurisprudence recovery. The updating of the spirit of the law makes it possible to correctly sort out priorities when legal values clash. The hierarchy of values in law presupposes respect for the truth. However, postmodernism rejects pursuance of the truth, it is interested in the multiplicity of approaches as such. The author of the article notes the dangers associated with the dominance of postmodernism in the legal process. Globalism exaggerates ambiguity in jurisprudence, that is, a variety of meanings and content. Such ambiguity is not justified by objective factors. The globalizers of the world need ambiguity of law in to maintain and aggravate the problem of interpreting (explication) the law, so that due to ambiguity one can bring a different meaning to any norms and principles without specifying it for the time being. Consequently, they act according to the situation, guided by considerations of benefit. The well-known concept of hypocrisy stems from ambiguity. Jurisprudence serves the world generally characterized with decentralization, fragmentation, pluralism, eclecticism, multiplicity, uncertainty, discontinuity, volatility, etc. It is not belief system that is foregrounded by the philosophy of postmodernism, but rather attitude, thus rationality swaps with sensuality: a logically formed paradigm gives way to emotional reactions. Postmodernists, as a fighting unit of globalism, consider it impossible and useless to try to establish any hierarchical order or any system of priorities in life. If they allow the existence of a model of the world, then it is based on entropy only, on the balance and equivalence of the good and the evil, of all constitutive elements.

Dual Responsibility as a Cross-sectoral Problem: Some Practical Application Issues

Elina Gubernatorova, Evgeny Timofeev , Anton Pinchuk — Wed, 28 Dec 2022 00:00:00 +0700

The paper highlights the problem of double jeopardy, i.e. bringing a person to dual public responsibility for the same wrongful act. The authors raise the problem of insufficient regulation of double jeopardy in the Russian law, in particular, the current legislation contains a ban on bringing a person to double jeopardy twice either only to criminal responsibility, or only to administrative responsibility. At the same time, the ne bis in idem construction implies the inadmissibility of bringing a person to double jeopardy for one and the same type of public legal responsibility.

The authors analyzed the cases of bringing persons to dual (administrative and criminal) responsibility and worked out the ways to solve the problems arising in judicial and investigative practice on this issue. The authors came to the conclusion that in case of double jeopardy, it is necessary to be guided by a number of criteria. In some cases cited in the paper, preference should be given to the temporal criterion, which implies the application of the first imputed type of responsibility, and the abolition of the second, even despite the correct qualification. Moreover, the authors additionally considered the issue of introducing the institution of rehabilitation and offsetting punishments within the framework of various types of public legal responsibility in administrative law, which could smooth out the corners in the event of bringing a person to erroneous initial administrative responsibility with the further appearance of signs of another offense in this guilty act, including a crime.

Virtual World and Social Reality: Correlation Aspects

Anton Vasiliev, Vladislav Arkhipov , Nikolai Andreev , Yulia Pechatnova — Wed, 28 Dec 2022 00:00:00 +0700

The article examines the issues of correlation between the essential characteristics of the virtual world and social reality; the concepts of the plurality of worlds are analyzed from the point of view of sociology, psychology and legal law enforcement practice; the main approaches to understanding virtual reality are studied. At the end of the article the authors propose to consider the ontological status of the virtual world as part of human existence, highlighting the essential features of virtual reality. The authors come to the conclusion that the concept of a close connection of all worlds makes it possible to observe the transfer of socially and legally significant phenomena from the real world to the computer world and vice versa.

Legal and Terminological Analysis of the Concept of «3D-bioprinting»

Albina Shutova — Wed, 28 Dec 2022 00:00:00 +0700

The article concentrates on the legal and terminological analysis of the concept of "3D bioprinting" and the concept of "3D bioprinter" that arose from it, which are increasingly mentioned in the legal acts of many states. The relevance of the topic is also determined by the frequency of use of this concept in the scientific medical and legal literature, which is associated with the phenomenon of the rapid development of "end-to-end" digital technologies in modern reality, including in the field of healthcare. The analysis made it possible to conclude that the considered definition of the concept of "3D bioprinting" is important and has a huge potential for use not only in building the foundations of legal regulation of relations in the field of 3D bioprinting technologies, but also in the process of law enforcement.

Jury Trial or Court with Jury Participation: Terminology Issues

Nina Dudko — Wed, 28 Dec 2022 00:00:00 +0700

The article examined the relationship between the term "jury trial" and the term "court with jury participation". Both terms refer to the form of criminal proceedings which exercise the constitutional right of the defendant to have their case brought to a court with the participation of jurors. For the first time, the term "jury trial" was legally applied in the Foundations of the legislation of the USSR and the Union republics on the judicial system of 1989, and on July 16, 1993 it was introduced into the Code of Criminal Procedure of the RSFSR. The term "court with jury participation" is enshrined in the Constitution of the RSFSR (as amended on November 1, 1991), the Constitution of the Russian Federation of 1993 and the Code of Criminal Procedure of the Russian Federation of 2001. However, in the Code of Criminal Procedure of the Russian Federation, along with this term, other terms (phrases) are used, which are applied to various stages of judicial proceedings and, accordingly, differ in criminal procedure content. A comparative analysis of these terms was carried out on the basis of the provisions of the general theory of law on legal terminology: on the requirements for unity and accurate use of legal terms; on the classification of legal terms into common and special legal ones. It is concluded that the terms "jury trial"and "court with jury participation" can be used as equivalents given the context of the matter under consideration. Both terms refer to judicial work with participation of jurors. The term "court with jury participation" should be characterized as a special legal term. The term "jury trial" is a commonly used and universally accepted term, but at the same time has a special legal meaning.

Category of "Framework Legislation" in the National Legal System of the Russian Federation

Kseniya Dovgan — Wed, 28 Dec 2022 00:00:00 +0700

The article discusses the category of "framework legislation". The paper presents an analysis of dictionaries, Russian and foreign legislation, as well as legal doctrine. As part of the study, it was determined that the category of "framework legislation" is found in the Anglo-Saxon and Romano-Germanic legal systems. Most sources associate this category with the Deferre framework law, adopted in 1956 in France, delegating legislative powers from the parliament to the government, and specifically to an executive branch like the Ministry of Foreign Affairs, to implement legal reform in the French colonies.

In the Russian legal system, the category of “framework legislation” began to be actively used during the period of concluding a federal agreement, as well as the operation of the Federal Law of June 24, 1999 N 119-FZ “On the principles and procedure for delimiting the subjects of jurisdiction and powers between state authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation”. However, later this law was repealed, and officially this category did not receive direct legislative consolidation, existing only in the legal doctrine.

The category "framework legislation" is borrowed from foreign legislation and is an ambiguous concept for the legal system of the Russian Federation due to disparate interpretations.

The norms of the “framework legislation” do not have direct effect, in most cases they are of a reference nature, and also require subsequent specification. In the course of the study, the author comes to the conclusion that "framework legislation" is considered as model normative legal acts that enshrine the general principles of legal regulation.

The Concept of "Province" in the Philosophical and Legal Doctrine of the Siberian Regionalists: Analysis of the Сategorical Apparatus of Political and Legal Thought of N.M. Yadrintsev and G.N. Potanin

Alexander Golovinov — Wed, 28 Dec 2022 00:00:00 +0700

This publication is aimed at understanding the specifics of the categorical apparatus of the political and legal ideology of the Siberian regionalism. Guided by textological and hermeneutical tools, an attempt is made to show that the term "province” was the main concept characteristic of the language of the philosophy of the law of regionalism. The author emphasizes that the regionalists carried this definition through all the years of their political and legal work.

The article has found that the term "province" was seen by regionalists as coherent to such trems as "outskirts", "oblast", "region" and "periphery". Siberian patriots also synonymously identified the “provincial issue” with “local needs”.

The article also reveals the theoretical and methodological guidelines of the political and legal thought of regionalism supporters. The main paradigms that served as the ideological platform for the political and legal thought of the founders of Siberian regionalism include a whole range of European humanistic ideals, materialistic dialectics and narodnik philosophy of law. The adaption of Western concepts allowed regional thinkers to develop in depth the category of “province”.

Legal and Terminological Analysis of the Concept of «Robot»

Ildar Begishev — Wed, 28 Dec 2022 00:00:00 +0700

The article conciders the legal and terminological analysis of the concept of "robot" specified in the initiative draft of the Federal Law "On the turnover of robots, their components (modules)", aimed at regulating relations arising in the field of use (application), acquisition, sales, development, production, testing, installation, installation, maintenance, repair, disposal, accounting, storage, transportation, transportation, removal, destruction of robots, their components (modules), import of robots, their components (modules) to the Russian Federation and their export from the Russian Federation. The relevance of the topic is also determined by the frequency of use of this concept in colloquial speech, which is associated with the phenomenon of rapid development of "end-to-end" digital technologies. The analysis made it possible to conclude that the considered definition of the concept of "robot" is important and has a huge potential for the use beyond laying foundations of legal regulation.

On the Value of Life and the Concept of the Right to Life

Olesya Kazantseva — Wed, 28 Dec 2022 00:00:00 +0700

The scientific study is concentrated on a comprehensive analysis of constitutional and legal norms that enshrine the right to life,on the definition of the scope of its content, its significance in modern conditions of state and society development, and on identifying the place of the right to life in the system of other conferred constitutional rights granted to a person and guaranteed by the state. The relevance of the topic derives from the emergence of various approaches to understanding of the right to life, in particular, in a pandemic. Normative restriction of other human rights is often justified by the priority of the right to life and its protection. Within the framework of this study, an interpretation and legal assessment of the legal provisions on the right to life is given, including the legal positions of the Constitutional Court of the Russian Federation.It is argued that the state has an obligation to equally recognize, observe and protect all the rights and freedoms of person and citizen.

Conceptualization of Didacticism in the Communicative Behavior of an Investigator (Based on Detective Stories by Russian and English Authors)

Vasiliy Glushak — Wed, 28 Dec 2022 00:00:00 +0700

The article deals with one of the relevant concepts in the speech behavior of an investigator –DIDACTISM. This concept consists of a number of slots that are aimed at the implementation of the educational function in the professional engagement of the investigator. The analysis of interrogations in the works of fiction by Russian and English authors made it possible to identify four concepts that characterize the main illocutions of the verbal behavior of investigators associated with obtaining testimony from the person under investigation. The object of the study was the slots of the DIDACTISM concept, their illocutionary orientation and the degree of representation in the speech of the investigators. A statistical analysis of the obtained results was carried out in order to determine the possible relationship between the personality of an individual detective and his speech behavior in terms of the frequency of using certain slots in the implementation of the concept DIDACTISM. The article also provides a comparative analysis of the features of the implementation of educational intentions in the Russian and English linguistic and cultural communities, as well as the dominant speech behavior of Russian and English investigators, aimed at their pedagogical impact on the person under investigation.

On the Concept and Content of Sexual Freedom and Sexual Inviolability as Objects of Sexual Offences

Nadezhda Tydykova — Wed, 28 Dec 2022 00:00:00 +0700

The article concentrates on the study of the content of the concepts of «sexual freedom» and «sexual inviolability» as objects of a group of crimes defined in Chapter 18 of the Criminal Code of the Russian Federation. Sexual freedom is described as a concept that has two aspects - freedom of self-determination and freedom from violence. As components of the freedom of self-determination in sexual relations, the following are proposed: the right to choose a sexual partner and the number of such, the types of sexual activities permissible for a given moment, time intervals and the place of having a sexual relation with a specific person or persons. The decision on the feasibility of such opportunities is valid at a particular moment in time and can be changed at any time at the will of the person. A new author's rationale has been proposed for recognizing sexual inviolability for several age groups of persons under 16 years of age, as well as for all persons in a helpless situation. Some contradictions between the norms of the family law and criminal legislation of the Russian Federation are noted, which can be overcome by their systematic interpretation in conjunction with each other. Arguments are proposed against criticism of the content of the explanatory note to Art. 134 of the Criminal Code of the Russian Federation. The signs for recognition of persons suffering from mental illness, as well as persons in an unconscious state with sexual inviolability are given. The issue of the object of sexual offences committed by homosexual acts is considered. The author proposes the concept of the advanced legal status of such acts based on a systematic analysis of the norms of the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation and the position of the Constitutional Court of the Russian Federation.

Conceptualization of Resistance to Information Threats in the Internet Environment via Special Legal and Forensic Linguistic Knowledge

Elena Galyashina, Vladimir Nikishin, Konstantin Bogatyrev — Wed, 28 Dec 2022 00:00:00 +0700

This article presents the current results of the scientific project “Conceptualization of countering information threats in the Internet environment using special legal and forensic linguistic knowledge”, the purpose of which at this stage was to develop the basis of the theory of information security in the Internet environment, to develop the criteria that allows to determine the malicious, criminogenic and destructive nature of information materials freely distributed in the Internet environment, to construct a typical diagnostic complex of criminogenic speech action. The scientific research integrates such areas of scientific knowledge as, on the one hand, forensic expertology, information law, forensic science, criminology, criminal law, civil law and other branch legal sciences and, on the other hand, semasiology, applied linguistics, language theory and other branches of philological science.

The necessity of further research of the problems of ensuring information security in the digital environment has been substantiated. The foundations of the theory of information security of Internet communication have been laid on the basis of an integrated legal and linguistic approach. The obtained results of the project can be used in legislative, law enforcement, and forensic activities.

Conflictogenic Potential of the Dominance Phenomenon in the Jurislinguistic Aspect

Irina Zyubina — Wed, 28 Dec 2022 00:00:00 +0700

The aim of this study is an expert verification of the conflict potential perception of the Russian parliamentarians’ asocial communicative dominance, expressed by an invective communicative strategy in direct and indirect forms. The relevance of the study is determined by the interest of modern scientists for the problems of political discourse; the issues of conflict and conflictogen from the standpoint of Legal Linguistics, Pragmalinguistics and Sociolinguistics; the study of the actualization of psychological personality traits in the speech behavior of the individual. The material of the study is the parliamentarians’ reporting speeches in a form of a monologue from the transcript of the final session of the State Duma in 2021. These politicians are the leaders and representatives of the Russian political parties: Yedinaya Rossiya, KPRF, LDPR. As a result of the linguistic analysis, the use of an invective strategy by the parliamentarians was revealed, which is implemented through the corresponding tactics: emphasizing one’s own merits, opposing others, imposing one’s own point of view, irony. These tactics are implemented in an indirect form. A focussed experiment with the participation of the younger generation representatives showed that 80 % of the students and 75 % of the young people without higher education responded to the incentives provided by a potential conflict generator by entering into a conflict, and only 20 % of the young people with higher education and 25 % of the respondents without higher education leveled the conflict , which reveals the conflictogenic potential of the invective communicative strategy tactics, expressed in an indirect form. In addition, there is a tendency for a stronger reaction to conflict potential among the representatives of the younger generation who have higher or incomplete higher philological education than among respondents without higher education.

On Parametrization of the Concept of Defamation in Forensic Psychological and Linguistic Examinations

Elizaveta Koltunova, Sergey Davydov — Wed, 28 Dec 2022 00:00:00 +0700

The subject of the article is the peculiarities of the application of the concept of “speech strategy of defamation” in the process of expert examitation as per Article 20.3.3 of the Code of Administrative Offenses of the Russian Federation and Article 280.3 of the Criminal Code of the Russian Federation. The relevance of the analysis is due to both the sufficient uncertainty of the psychological and linguistic features of the concept of “defamation” , and the fuzzy position of legislators and law enforcers, introducing this definition into the norms of the current legislation and the practice of forensic linguistic examination and complex psycholinguistic analyses. The study reveals significant differences in the general language, scientific and law enforcement interpretations of the strategy of defamation. In detail are analyzed the information resources and methodological materials of the ECC of the Ministry of Internal Affairs of the Russian Federation and the Federal Budgetary Institution of the Russian Federal Centre of Forensic Science under the Ministry of Justice of Russia, related to expert approaches to the analysis of potentially illegal texts (statements) as per articles 20.3.3 of the Code of Administrative Offenses of the Russian Federation and article 280.3 of the Criminal Code of the Russian Federation.

Semantic Study of Materials on Extremism-Related Crimes through Data from the National Corpus of the Russian Language (Case Study of Comments on the Social Network VKontakte)

Oksana Zuga — Sat, 01 Oct 2022 00:00:00 +0700

The article concentrates on the study of the well-known call-slogan Beet the Jews, save Russia, which was published as a comment to the text in the social network "VKontakte". In the course of a preliminary study, it was found that this statement contains linguistic signs of motivation in the form of a call for active action against a group of people. However, it is not possible to say unequivocally which group of people these actions should be aimed at, since in the analyzed context (text-stimulus + text-reaction) it is possible to have a double understanding of the noun жид ‘Jew, Kike, Yid’: a group of people in relation to their nationality or a group of people, with which the greedy deputy is associated. To answer the question of whether the noun жид could really be used by the author of the disputed text in the meaning of a 'greedy person', data from the Russian national corpus were analyzed in the period from 2002 (herein Law N 114-FZ "On Couneraction of Extimist Fctivities" was enacted) through 2021. Linguistic analysis of the controversial text, analysis of the comments of the author of the controversial text to other stimulus texts, data from the Russian national corpus led to the conclusion that in the analyzed commentary the noun жид is used in the meaning of ‘Jew’. Consequently, the controversial text contains linguistic signs of expressing several types of meaning: humiliation of a group of persons in relation to their nationality; an inherent threat that poses a danger not to the addressee, but to third parties (Jews); inducements in the form of a call for violent actions against a group of persons in relation to their nationality.

Public Danger and Expediency in Relation to Criminalization of Acts with Signs of Administrative Prejudice: Analysis of Theory and Law Enforcement

Yulia Karavaeva — Sat, 01 Oct 2022 00:00:00 +0700

Designed to normatively distinguish crime from non-crime, criminal legislation has regained administrative prejudice to the current criminal law. The number of relevant norms in the Special part of the Criminal Law has been increasing, which keeps up the interest of scientific community for this institution. Notably, both the substance of norms with administrative prejudice and incidental problems of legal and technical order become topics for discussion. Without exaggeration, one of the most complicated problems is finding the grounds for criminalization of certain acts, since the researcher faces the need to explain the mechanism triggering the quality of public danger in an act similar to the previously committed, but lacking this quality. Generally speaking, there objectively exist qualities that allow us distinguish criminal behavior from non-criminal. The analysis of the sources permits identifying two points of view that have developed among the supporters of administrative prejudice in the criminal law, both views associate the emergence of public danger with a cumulative effect, which manifests itself either in the cumulative harm of widespread acts, or in the personal qualities of the liable person, prone to illegal behavior.Besides, we propose the idea of criminalization of certain acts with signs of administrative prejudice for reasons of expediency, in support of which we provide data on the law enforcement activities of the courts. Analysis of judicial practice and official statistics allows us to conclude that at the level of practical activity, the relationship between public danger and expediency as grounds for criminalization of the acts in question and the effectiveness of the norm is clearly manifested: the norms that appeared for reasons of expediency belong to the "dead". As for the assessment of the public danger of the acts discussed, the courts do not always share the approach of the legislator, although in general there is actually a differentiation of administrative and criminal responsibility.

On the Language of the Special Part of the Modern Criminal Law

Diana Golenko — Sat, 01 Oct 2022 00:00:00 +0700

The article concentrates on the study of the language of the Special Part of the Criminal Code of the Russian Federation as a component of legislative technique. It outlines some debatable issues of using the language when constructing dispositions of the articles of the Special Part of the Criminal Code of the Russian Federation. The author draws attention to some terminological ambiguity in modern criminal law. The legislator uses terms, the content of which is not always uniformly rendered in practice, which entails various penal consequences for the perpetrators of crimes. For example, the same actions of a person can be considered in some cases as a completed crime, in others as an attempted crime. The practice of applying Art. 126 of the Criminal Code of the Russian Federation and Art. 138.1 of the Criminal Code of the Russian Federation, the ways of possible elimination of emerging contradictions in the practice of applying the law are indicated. Attention is drawn to the presence of different terms used to refer to the same concepts, as well as the opposite situation - when one term means different things. Corpus delicti with administrative prejudice is given as an example. It is important to strive for the unification of terms that mean the same thing, to exclude situations where the same term in law has a different meaning. The article envestigates the issue of excessive definition of terms in the Special Part of the Criminal Code of the Russian Federation the content of which is clear to the law enforcer. Also, redundance in the definition of terms the content of which is specified in the sectoral legislation is indicated. Such definitions increase the scope of legislation, but have no practical meaning. The author comes to the conclusion that the language of the Special Part of the Criminal Law should be understandable. The terms used by the legislator must be clear and have a well-established common understanding. The brevity and length of the articles of the Special Part of the Criminal Law should not damage their accuracy and clarity.

Features of Headings of Legislative Texts (Case Study of the Federal Law "About Bases of Protection of Public Health in the Russian Federation")

Vera Popovskaya — Sat, 01 Oct 2022 00:00:00 +0700

The paper attempts to describe the features of the headings of legislative texts as in the case of the Federal Law " About bases of protection of public health in the Russian Federation". It has been concluded that in the law there function headings of different types: headings that do not belong exclusively to the field of legal texts and can be used in texts of other types, and legal headings proper, which have specific features that are characteristic only of legal discourse. Such titles are a fairly stable type of titles within the discourse under consideration and are relatively independent structural units of the law. In this article, legislative headings proper are characterized as microtexts with legal semantics, which are relatively independent elements of legislative discourse, serving as a “code” of specific legal information and, as a result, expressing certain meanings of deontic modality (modality of duty). Based on the analysis of titles presented in this paper, it has been concluded that, despite the traditional perception of titles as non-predicative units, and therefore devoid of modal meanings, in a number of legislative titles this category can be expressed implicitly, and in some titles even partially explicated. In the text of the federal law under consideration, several separate groups of legislative titles proper are distinguished, which include: a) titles with a zero modality indicator; b) modal headings with the semantics of procedurality expressed by a verbal noun; c) proper nominative headings, the modality of which is established in relation to headings of a larger level.

The Concept of "Material Change in the Circumstances" in the Context of New Аnti-Russian Economic Sanctions

Irina Kiryushina — Sat, 01 Oct 2022 00:00:00 +0700

The article consideres the category "material change in the circumstances", as well as related categories "termination of obligation for impossibility of performance" and "force majeure circumstances", taking into account the practice of their application under anti-Russian economic sanctions and restrictions. The author analyzes the current judicial practice of modification and termination of contract commitments due to "sanctions circumstances" involving these institutions. The available judicial practice indicates a negative, in most cases, attitude of the courts to the application of Article 451 of the Civil Code of the Russian Federation as a basis for modifying or terminating the contract, without considering sanctions as a material change in circumstances. The author concludes that regardless of the political and economic conjuncture, a change in circumstances should be recognized as material, when it has had a direct impact on the agreement made by the parties, and has been a direct consequence of the negative results that one of the parties bears. At the same time, the change in circumstances should go beyond the usual business turnover and in this sense be of an "extraordinary" nature. A similar approach is used by the courts when assessing sanctions as grounds for termination of an obligation due to the impossibility of its performance. "Anti-sanction warranties about the circumstances" are proposed to be included into contracts as well as amendment to the current legislation providing for such grounds for termination of the obligation as the impossibility of its fulfillment "in the conditions of unfriendly actions of foreign states and international organizations".

Crimes in Fiction and Alleged Punishments

Ekaterina Shchur — Sat, 01 Oct 2022 00:00:00 +0700

The article discusses a number of works of Russian and foreign literature in which certain crimes appear. The author considers various circumstances of the crimes committed, which aggravate or mitigate the guilt of the offender. There also were considered some relevant articles of modern Russian legislation related to the crimes under these investigations. According to the analysis, the author suggests alleged punishments which the heroes of the books could be awarded.

Conceptual and Categorical Description of the Conflict Situation (Case Study of Internet Comments on Vaccination against Coronavirus)

Victoria Melnikova, Golev Nikolay, Jung Darya — Sat, 01 Oct 2022 00:00:00 +0700

The article focuses on the study of the conflict text. This study aims to consider the features of conflicting texts that were posted on the Web as comments on the topic of vaccinating adolescents against coronavirus, the essence of the conflict, the causes and prospects for resolution are considered. In the context of forensic linguistics, pragmatic factors are specified from the standpoint of illocution, locution and perlocution. In the course of the work, quantitative and qualitative analyzes of the comments were carried out from the point of view of forensic linguistics.

Ildar Begishev, Diana Bersei — Sat, 01 Oct 2022 00:00:00 +0700