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The Phenomen of Law and Legislation: Strategies and Methods of Cognition

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Vol 5, No 2 (2026)
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ПУБЛИЧНО-ПРАВОВЫЕ НАУКИ

13-20 33
Abstract

Contemporary legal scholarship notes that the establishment of the foundations of legal regulation in the Constitution of the Russian Federation lends particular significance to the social relations it regulates. This fully applies to economic relations, the state regulation of which is extremely important for the modern state and society. The level of a state’s economic development and the effective fulfillment of its obligations directly impact the realization of fundamental rights and freedoms in the country. This article examines some of the features of the economic foundations of the constitutional system. The methodological basis consists of dialectical, systemic, structural, functional, and other general scientific methods. In addition, specific scientific research methods were used, including historical-legal, formal-legal, comparative-legal, and other methods. Current legislation served as the material. The state socio-economic system, through legal regulation, determines the nature of social relations. Economic relations, as the most important component of any state, require special normative and legal regulation, including at the constitutional level.

21-28 26
Abstract

The adoption of the Constitution of the Russian Federation in 1993 opened up prospects for the further development of legislation in the sphere of local self-government in general, and the development of a new concept of “public service” in particular. The problem of its understanding arose immediately, since the general elements of this term did not reveal its full content. Thus, for example, on this basis, five types of public service were identified: 1. Public authority of sovereign states (within the UN or the EU) and of an individual state; 2. Political power of a territorial autonomy and a municipal entity; 3. Elements of public authority in the activities of public associations.

QUESTIONS OF CRIMINAL PROCEEDINGS

30-37 30
Abstract

The article examines the theoretical and practical aspects of crime prevention in the Russian Federation at the present stage. The author analyzes the evolution of philosophical and legal views on crime prevention, from Antiquity to modern approaches. Special attention is paid to the distinction between the criminal-legal (general and special prevention) and criminological (general social and special prevention) levels of influence on crime. The work details the content of special prevention, including prophylaxis, prevention, and suppression of crimes. Based on the analysis of statistical data and law enforcement practice, including in the Republic of Kalmykia, conclusions are drawn about the need for an integrated approach to crime prevention as the most important condition for ensuring national security.

38-43 30
Abstract

Based on the analysis of the norms of the criminal procedure legislation of the Russian Federation, the role of time limits in the stage of initiating a criminal case is investigated. Clear procedural regulation of the moment of the beginning of the investigation allows to control compliance with procedural time limits and prevents red tape. The time spent on conducting a pre-investigation check and making a decision on initiating a criminal case increases the overall duration of criminal proceedings.

44-49 27
Abstract

The article presents a comprehensive analysis of procedural and tactical mistakes made by investigators and inquirers during the production of such an identification investigative action as a lineup. Based on a study of scientific works by Russian authors and analysis of investigative practice, two key groups of problems are examined: mistakes associated with violation of the procedural form of identification, and tactical mistakes due to a misunderstanding of the psychological foundations of identification by mental image. Special attention is paid to the problem of forming a biased attitude of the identifier towards the identifiable person, as well as to the issues of selecting extras and ensuring the safety of participants. A significant part of the work is devoted to debatable issues of expanding the types of identification, in particular identification by voice and gait, which currently do not have clear legislative consolidation. The article concludes that it is necessary to improve criminal procedure legislation in terms of consolidating new types of identification and clarifying the procedure for its production, as well as the importance of improving the professional training of investigators in tactical and psychological aspects.

44-49 25
Abstract

The article presents a comprehensive analysis of procedural and tactical mistakes made by investigators and inquirers during the production of such an identification investigative action as a lineup. Based on a study of scientific works by Russian authors and analysis of investigative practice, two key groups of problems are examined: mistakes associated with violation of the procedural form of identification, and tactical mistakes due to a misunderstanding of the psychological foundations of identification by mental image. Special attention is paid to the problem of forming a biased attitude of the identifier towards the identifiable person, as well as to the issues of selecting extras and ensuring the safety of participants. A significant part of the work is devoted to debatable issues of expanding the types of identification, in particular identification by voice and gait, which currently do not have clear legislative consolidation. The article concludes that it is necessary to improve criminal procedure legislation in terms of consolidating new types of identification and clarifying the procedure for its production, as well as the importance of improving the professional training of investigators in tactical and psychological aspects.

PRIVATE LAW PROBLEMS

51-58 23
Abstract

The article examines the principle of the inadmissibility of arbitrary interference of someone in private affairs in relation to the field of contract law on the basis of a comparative legal analysis of Russian, German, French, Anglo-American and Chinese legislation. It is proved that in contractual relations this principle is aimed at protecting the autonomy of the will of the parties, freedom of contract and proper fulfillment of obligations from the unlawful influence of the state, counterparties and third parties. The author reveals the signs of arbitrary interference through the absence of a legal basis, legitimate purpose and proportionality of the impact, shows the features of national models of legal regulation in the context of the Civil Code of the Russian Federation, based on good faith and prohibition of abuse of law. Special attention is paid to the forms of interference in contractual relations, including inducement to violate the contract, creating obstacles to execution, intercepting the subject of execution and using public procedures to the detriment of the counterparty. The analysis shows that contractual autonomy is not absolute: interference is permissible if there is a direct legitimate basis, compliance with procedural requirements, protection of the public interest and the principle of good faith. It is concluded that there is a need for clearer regulation in Russia of the liability of third parties for intentional interference in the execution of a contract and the importance of distinguishing between permissible and arbitrary effects on contractual autonomy.



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ISSN 2949-1193 (Online)