JUDICIAL POWER
Reference:
Baikova, S.R. (2025). Criterion of non-compliance with a judicial act: a special limit for reviewing judicial acts based on newly discovered and new circumstances, or a temporary tool in the process of manually balancing the principle of legal certainty?. Legal Studies, 4, 1–24. https://doi.org/10.25136/2409-7136.2025.4.73980
Abstract:
The subject of this article is an analysis of the criterion of non-execution (not fulfilled or partially fulfilled) as a special limit on the review of judicial acts. The author describes the history of the emergence and development of the criterion of non-fulfillment in the practice of the Constitutional Court of the Russian Federation and in legislation, provides critiques of the criterion found in literature, its transformation into a criterion for the reviewing a judicial act, and also raises questions about the future of the criterion of non-fulfillment in the system of judicial act review given its modernization. Additionally, based on the characteristic of the specificity of the criterion of non-fulfillment, the author puts forward a hypothesis about the special legal nature of a number of new circumstances (recognition of a norm/its interpretation as unconstitutional, determination or change of the practice of norm application, cancellation of a regulatory act in the course of administrative norm control). The research employs methods such as historical, systemic, axiological, formal-legal, functional, sociological methods, as well as analysis, synthesis, and modeling. The author concludes that despite the fact that the criterion of non-fulfillment is currently formally almost excluded from legal practice, fully abandoning it is premature. In the systematization of legislation on the review of judicial acts, this criterion may be taken into account (with appropriate refinement). The author hypothesizes that the legal nature of the circumstances to which the criterion of non-fulfillment may be applied falls outside the concept of new circumstances and indicates the need to distinguish them into a separate group of grounds for reviewing judicial acts. Considering that in legal reality there are still several situations to which the review mechanisms for newly discovered and new circumstances apply because procedural legislation lacks other tools for a court to review its own act, it is proposed to modernize the content of procedural codes in this part. The results of the work can be used for the development of procedural legislation and the formation of a more coherent view of the system for reviewing judicial acts (extra-institutional and institutional stages), as well as in the educational process when studying relevant disciplines.
Keywords:
institutional review, extra-institutional review, annulment of a judicial act, miscarriage of justice, extraordinary appeal, judicial review, principle of legal certainty, new circumstances, newly discovered circumstances, criterion of non-execution
Reference:
Arutyunyan , A.D. (2025). The concept of prevention of illegal migration: theoretical and legal analysis. Legal Studies, 4, 25–35. https://doi.org/10.25136/2409-7136.2025.4.73961
Abstract:
The paper presents a theoretical and legal analysis of the definition of prevention of illegal migration. The author of the paper notes that at present there is both scientific and legal uncertainty in understanding the term. The relevance of the topic is confirmed by the fact that at the current stage of development of administrative law there are grounds for distinguishing migration law as an independent branch of law. In turn, prevention of illegal migration can be considered as an institute of the said branch. The study of various monographic works showed that scientists focus on the prevention of illegal migration in the context of criminology. At the same time, there are no relevant and comprehensive works devoted to the meaning of the term. The lack of a unified interpretation of prevention of illegal migration negatively affects the planning and implementation of comprehensive measures in the migration sphere. Based on the results of the study, the author makes a number of conclusions. In particular, it was established that the problem of defining prevention of illegal migration is determined by a number of circumstances: a) the lack of a legal understanding of this term; b) the existence of a dispute about the allocation of the designated term as an institute of migration law; c) different approaches of the legislator, law enforcement officer, and the scientific community to the definition of terms related to prevention activities; d) the absence of systematized migration legislation. Generalization of legislative approaches to the prevention of offenses and crimes, finding the semantic meaning, as well as accumulation of some approaches to the definition of the term under study allowed to develop its author's understanding. Thus, prevention of illegal migration is a set of measures of social, legal, organizational, informational and other nature aimed at identifying and eliminating the causes and conditions that contribute to illegal movement across the border and the presence of migrants on the territory of the state.
Keywords:
illegal immigration, migration legal relations, migration, deterrence of migration, migration law, warning, prevention, illegal migration, migration legislation, migrant
Transformation of legal systems
Reference:
Chetverikov, A.O. (2025). The French «Technology Transfer Acceleration Companies» (Legal Aspects). Legal Studies, 4, 36–63. https://doi.org/10.25136/2409-7136.2025.4.74012
Abstract:
The article explores the legal status of «Technology Transfer Acceleration Companies (TTAC)», a public-scientific partnership transfer invented in France, which enables two or more universities, research institutes, etc., with the participation and financial support of public authorities, to transform jointly the outcomes of their research into new technologies and innovative products with the aim of marketing. Philosophical and general scientific methods in conjunction with specific methodology of modern jurisprudence and other social sciences (induction and deduction, analysis and synthesis; historical-legal, comparative-legal methods; empirical analysis, method of processing economic and statistical information, etc.). The article is the first in Russia comprehensive legal study of TTAC against the background of worldwide experience in the legal regulation of technology transfer from the scientific sector to business environment. The article demonstrates the importance, complexity and ambiguity of the technology transfer, including legal understanding of this phenomenon in various legal systems as well as at the international level. With respect to French law, the article delineates the meanings of «technology transfer» and of the broader legal concept «valorization» (of scientific research and its results). The author establishes, that in France which resembles Russia by its adherence to the statist (presuming an active role of public authorities) approaches in both scientific and economic policies, the creation of the TTAC can be explained by the aspiration of the French authorities to reorganize technology transfer on common footing, albeit with the help of non-command and administrative levers, but financial incentives (governmental grants in favor of TTAC). The article identifies the fundamental sources and principles governing the TTAC, their achievements and problems. In practical aspect, the authors puts forward a proposal to create the similar common transfer vehicles in Russian, initially as part of a legal experimentation.
Keywords:
Professional Technical Centre, Public Investment Bank, National Research Agency, Research Code, France, TTAC, statism, Research & Development, valorizaion, technology transfer
Договор и обязательства
Reference:
Kalis, M.N. (2025). The dynamics of the material legal relationship at the terminal stage. Legal Studies, 4, 64–77. https://doi.org/10.25136/2409-7136.2025.4.74197
Abstract:
The article is devoted to the study of the terminal stage of the material legal relationship—a specific period between one party's expression of will to terminate the legal relationship and its actual legal termination. The author, taking into account the established scientific approaches to the concept of the dynamics of legal relationships, believes that this stage holds independent significance, both in terms of legal content and legal consequences. The study examines cases where the termination of the legal relationship occurs as a result of a complex legal composition, including the expression of will by one party, actions of the court, and the behavior of the counterparty. The relevance of the topic is due to the lack of a uniform approach to defining the moment of termination of the legal relationship and the uncertainty of the legal status of the parties' actions at the terminal stage. Dialectical, formal-legal, systemic, and comparative-legal methods were used. The method of legal modeling and analysis of judicial practice is applied. The scientific novelty of the research lies in the introduction of the concept of the terminal stage of the legal relationship as an independent stage of its dynamics. It is substantiated that the termination of the legal relationship can have a complex internal structure and be retrospective in its consequences. A classification of terminal stages by forms of termination, grounds, and nature of legal effects is proposed. The main conclusions drawn from the research results are: 1) In the non-jurisdictional form of the terminal stage, the choice of whether the legal relationship will be terminated prospectively or retrospectively depends on the agreement of the parties. 2) In the jurisdictional form of the terminal stage, retrospective termination of legal relationships is possible only in cases where the appeal to the jurisdictional body is associated with a dispute over rights and is not mandatory by law. When determining the moment of termination, it should be taken into account when other circumstances necessary for the termination of the legal relationship occurred and when the will for such termination was communicated to the counterparty, as well as when the regulatory legal relationship continued to be exercised. 3) The "healing" of the legal relationship at the terminal stage—termination of the protective legal relationship and preservation of the regulatory one—is possible by the will of both parties or at the initiative of the person who announced such termination (for example, by way of withdrawal of the claim). Elimination of violations that led to the transition to the terminal stage does not entail such "healing."
Keywords:
juridical facts, transformative action, terminal stage of legal relations, retrospective dissolution, dissolution of marriage, protective legal relations, dissolution of contract, stages of legal relations, termination of legal relations, dynamics of legal relations
Human and state
Reference:
Khokhlova, A.D. (2025). Protection of Lawful (Legitimate) Expectations as a Key Aspect of the Principle of Maintaining Public Trust in the Law and Government Actions: Foreign and Russian Approaches. Legal Studies, 4, 78–92. https://doi.org/10.25136/2409-7136.2025.4.74320
Abstract:
The relevance of studying the principle of maintaining citizens' trust in the law and government actions stems from its pivotal role in ensuring the stability of legal systems and the legitimacy of state governance. The contradictions between, on the one hand, the principle of trust in governmental actions – demanding legal certainty and stability – and, on the other hand, the flexibility of state administration highlight the necessity for a systemic analysis of mechanisms implementing this principle. The study aims to identify theoretical and practical aspects of protecting legitimate (lawful) expectations as an element of the principle of trust in governmental actions within the framework of comparative jurisprudence, as well as to determine its place in the Russian legal system through the synthesis of foreign experience and national law enforcement trends. The methodological foundation includes a comparative legal analysis of foreign doctrines and Russian practices, a historical-legal method for reconstructing the evolution of the principle, and a formal-legal analysis of regulatory acts and rulings of the Constitutional Court of the Russian Federation. The scientific novelty lies in the systemic examination of the interplay between legitimate expectations and institutions of procedural fairness and legal certainty across jurisdictions, as well as the synthesis of foreign concepts (e.g., the German principle of Vertrauensschutz, French sécurité juridique, and Anglo-American legitimate expectations) with Russian law enforcement approaches. The study proposes a classification of the grounds for legitimate expectations (individual assurances, established practices, regulatory acts). Research results revealed differences in the doctrine’s interpretation across legal systems: procedural protection in the UK, compensatory models in France, constitutional trust principles in Germany, and public interest prioritization in Canada and Australia. The Russian principle of maintaining trust in the law and governmental actions distinguishes between “lawful” and “legitimate” expectations and is implemented through legislative and enforcement dimensions. A critical analysis identified contradictions and challenges in practical implementation, leading to the formulation of development trends: unification of criteria for evaluating expectations, including clear definitions of their legal validity and protection mechanisms.
Keywords:
procedural fairness, legal certainty, comparative legal analysis, rule of law, Constitutional Court of the Russian Federation, legal stability, legitimate expectations, lawful expectations, principle of maintaining public trust, balance of interests