bluuebunny/crossref_metadata_2025 huggingface dataset:
Cairn: Exploring Presence and Place through Reimagined Field Journals
Authors: Williamson Sophie , Mortensen Steagall Marcos
Published: November 2024

This practice-led research project explores a personal reconnection with the landscape of Aotearoa. It takes the form of eight stacked books which become symbolic "stones" within a "paper cairn”, employing the metaphor of a cairn to represent the marking of significant places. Each book implements elements of illustration, photography, and storytelling to evoke a sense of place and create an immersive exploration of a specific location in Aotearoa. Taking cues from the conventions of field journals as a genre of publication, Cairn takes a phenomenological approach to place, concerned with how a personal experience of each location might manifest visually. Woven throughout is an ode to New Zealand’s natural beauty and exploration off the beaten track.
St: Exploring Auckland's St James Theatre as liminal space and picturesque ruin using photography, letterforms, and book design.
Authors: Fee Hillary Billie , Mortensen Steagall Marcos
Published: November 2024

This practice-led artistic inquiry explores the relationship between letterforms and place. It asks the question: How can letterforms and book design conventions express the phenomenological experience of the eerie urban ruin? The conceptual framework for this research is of the ruin as liminal space sparking imagination and fascination. It embraces the Romanticism historically associated with ruins. St is framed as creative response to the experience of the ruin, centred around letterforms which emphasise the eerie through the interplay of negative and positive space. The resulting decorative alphabet references historic initial letters and illuminated manuscripts. This decorative alphabet is supported by a publication which investigates the history of the St James Theatre and its current derelict state using documentary photography and archival materials. The resulting work integrates text, image and story-telling, elevating letters to the Sublime, alongside architecture and humanity’s other artistic creations which the St James Theatre represents.
APT.5B – 2023 Time Capsule
Authors: Verkade Thammarat Bom , Mortensen Steagall Marcos
Published: November 2024

This practice-led, artistic project explores the conceptual idea of a book as an object. It is an exploration of materiality and a documentation of artefacts found in APT. 5B. The exegesis talks to the significance of time capsules and the longevity of materials, which cements an everlasting legacy. This capstone involves curating a time capsule which documents a time and place in my life through publication design. It delves into the process of prototyping, an exploration of materials, presented in a publication through an exhibit space. This project aims to stand the test of time, transporting the artefacts, centuries into the future to be discovered. It will act as a testament to the longevity of brutalist materials and the significance of documentation and cataloguing.
GSR 1863: A practice-led research exploration revealing local and difficult histories through interactive publication design.
Authors: Janiga-Warren Madelaine Julia , Mortensen Steagall Marcos
Published: November 2024

This exegesis considers a practice-led research project that addresses the importance of remembering local histories through an exploration of the Great South Road. The project aims to utilise interactive publication design to visually communicate the largely unknown events that took place in the period surrounding the construction of the Great South Road in Aotearoa, and its significance in the eventual invasion of the Waikato by Crown Forces. The methodology involved in this research consisted of a historiographical approach coupled with heuristics, by employing methods such as historical and archival research, field work, and literature review. The visual aesthetic of the design system draws on experimental layout and the application of distressed, weathered textures to communicate and emulate a historical war-time aesthetic. The publication includes interactive elements in the form of inserted archival photographs and documents to promote deeper engagement, as well as rephotography features. The overarching aim of the research and its outcome is ​to address the​ ignorance of the difficult history of Aotearoa amongst many New Zealanders and shed light on the lasting repercussions of colonising events on our society today.
Carnival Land: An creative consideration of sequential storytelling to discuss cultural dislocation
Authors: Tavares Tatiana , Mortensen Steagall Marcos
Published: November 2024

This article will outline the practice-led research project Carnival Land, a picture book that weaves together sequential storytelling and illustration to discuss cultural dislocation. Based on the researcher’s experiences as an immigrant from Brazil to New Zealand, it provides a narrative in metaphors and a creative orchestration of photomontage, bilinguality, and theatricised multi-page spreads. The story tells of the trials and eventual transformation of a young girl in a foreign land, where aspirations appear as costumes in an annual Carnival parade. Several theoretical frameworks significantly influenced Carnival Land. These were notions of transgression, carnality, and Carnival (Bakhtin, 1968); structure and discourse surrounding bricolage (Strauss, 1962); and writings relating to journey both as a rite of passage (Gennep, 1960; Turner, 1979); and as a process of immigration. Methodologically, the project emanates from an artistic research paradigm (Klein, 2010) that supports a heuristic approach (Douglass & Moustakas, 1985) to the discovery and refinement of ideas. The project employed autoethnography as a research design intended to facilitate the strategic accessing of personal experience and synthesised it into a fictional work. Thus, the research draws upon both tacit and explicit knowledge in developing the narrative, its structure, and stylistic treatments.
The epic and poetics of the Travesía as a space of resistance in design Education.
Authors: González Herbert , Mortensen Steagall Marcos
Published: November 2024

This paper explores the concept of "Travesías" as a profound pedagogical practice within the School of Architecture and Design at the Pontificia Universidad Católica de Valparaíso, which operates as a crucial form of resistance in design education amidst contemporary cultural and structural shifts. As a professor deeply involved in these journeys, I argue for the retention and adaptation of three foundational principles that ensure the continued relevance and transformative potential of the Travesías. These principles—Observation, the Work (Obra), and the Epic of the Commons—are essential in navigating the changing dynamics that challenge traditional educational models.
 
As the primary mode of engaging with the world, observation encourages profoundly personal and reflective interaction with the environment, fostering a unique and profound understanding and expression. The concept of the Work transcends conventional outputs of design and architecture, advocating for a creative process that emphasises gratuitousness and poetic engagement over utilitarian and commercial objectives. Lastly, the Epic of the Commons highlights the importance of collective creation and shared experiences, pivotal in forming a cohesive educational and creative community.
 
These principles are increasingly vital as the Travesías confront the commodification of education and the pervasive focus on individualism and specific competencies driven by market forces. The paper calls for a dialogue among global design educators to discuss adapting these principles to contemporary needs and explore new methods that respect and rejuvenate the foundational ethos of the Travesías. This dialogue is crucial for developing a "third way" in design education that integrates the poetic with the practical, ensuring our pedagogical approach remains innovative, inclusive, and deeply humanistic. Through this exploration, we invite a rethinking of design education that emphasises collective well-being, creative freedom, and a deeper engagement with our time's cultural and ecological contexts.
Through Immigrant Lens: A Reflection on Pierre Boudier’s Concept of Habitus Clivé through Photography
Authors: Frey Aline , Mortensen Steagall Marcos
Published: November 2024

This article explores the creative practice of immigrant photography, specifically examining the artistic work of immigrants who have chosen Australia as their place of settlement. Analysing their photographic works, the article reflects on Pierre Bourdieu’s concept of habitus clivé, which develops the notion of a fractured or divided self. This division arises when individuals confront conflicting social contexts, resulting in internal tension or dissonance within their sense of identity. In the context of migration, habitus clivé can manifest in various ways, such as tensions or conflicts between cultural traditions and new cultural contexts. Furthermore, migration can involve adaptation and adjustment in which individuals may selectively incorporate elements of the new culture into their existing habitus while maintaining aspects of cultural identity associated withtheir country of origin. These processes of negotiation and hybridisation can further contribute to the development of habitus clivé. For Bourdieu, these internal contradictions within one’s social identity are not static but evolve through ongoing social interactions. By closely examining immigrant photographers, the article highlights the visual narratives that emerge, illustrating how photography can transcend physical boundaries, creating an intermediary space between dislocation and settlement. This space becomes a potent mechanism for fostering a sense of belonging that extends beyond geographic boundaries. Interestingly, this sense is not secured to a specific geographic location but, rather, encompasses broader, internalised, notion of place. These changes align with the concept of habitus clivé as individuals navigate the complexities of migration and settlement. As a medium, photography enables individuals to inhabit this interim space of familiarity, enabling embodiment and facilitating connection with a sense of place that transcends traditional notions of belonging. The article discusses how photography can empower immigrant narratives, supporting a sense of belonging while capturing the diverse experiences of individuals navigating the challenges of immigration and settlement.
Listening to the kids: Children’s perceptions of culture and ethnicities in global animated films in Aotearoa New Zealand
Authors: Spieker Annelore , Mortensen Steagall Marcos
Published: November 2024

This study aims to look at children’s opinions and ideas of representations of cultures in global animated films. The main idea behind this journal article is to give voice to the children that consume those media texts. This paper will highlight children’s answers to online surveys and one-on-one interviews from the second part of the data collection that took place in Aotearoa New Zealand over three years. As a theoretical framework, concepts and theories such as funds of knowledge (Gonzalez, 2005), cultural mediation (Martin-Barbero, 2006), and multiculturalism (Zalipour & Athique, 2016) are used to support the social and cultural landscape in which the research participants lived during the data collection. The interviews with the children aimed to discuss sixteen Disney and Pixar films and their respective twenty-four main characters. The purpose of the conversation was to understand where children think the films’ characters might have come from and, therefore, understand to what cultural background children believe those characters belong to. According to the research findings, some factors can add to children’s comprehensions of representations of culture in the media, such as the schools they attend, and the activities children develop in those educational environments.
Integrating Māori Perspectives in Environmental Management and Fisheries
Authors: Houkamau Carla , Pouwhare Robert , Mortensen Steagall Marcos
Published: November 2024

Māori perspectives on environmental management advocate for a balanced and interconnected approach, prioritising long-term sustainability. This contrasts with more reductionist and economically driven approaches focussed on short-term commercial gains. This paper provides an overview New Zealand’s Quota Management System (QMS) and Māori fishing rights. The paper describes aspects of mātauranga Māori (Māori knowledge), explaining key concepts such as kaitiakitanga (guardianship) and their application in commercial fisheries management. The research highlights how Māori-owned fishing companies balance economic interests with cultural and environmental stewardship, exceeding regulatory requirements to protect marine environments. The paper discusses the challenges faced by the industry, including environmental issues and public pressure for sustainability, while also noting the growth potential, particularly in aquaculture. By analysing the successful integration of Māori worldviews within the commercial fishing sector, this paper demonstrates the potential for reconciling Indigenous knowledge systems with modern resource management practices. It concludes that the Māori approach to fisheries management offers valuable insights for balancing economic development with ecological and cultural preservation.
Editorial LINK Praxis V.2 I.1 2024
Authors: Mortensen Steagall Marcos
Published: November 2024

In this second issue, LINK PRAXIS: Journal of Practice-led Research in Design and Global South continues its mission to publish high-quality scholarly contributions that engage with critical topics in design research. Volume 2 comprises two distinct sections, presenting innovative perspectives and methodologies within the field.
The first section features a selection of authors from the LINK 2023 5th Conference on Practice-led Research and the Global South, addressing the theme of diaspora. These contributions explore diverse approaches to design research, reflecting on the intersection of cultural identity, creative practice, and global migration.
The second section presents 13 texts selected from the exegesis that accompanied the capstone projects of the final year of the Communication Design degree at Auckland University of Technology. These writings reveal a pedagogical approach to practice-led research at the undergraduate level, employing the connective exegesis model (Hamilton & Jaaniste, 2010). The texts were selected by the editor from over 100 submissions, representing strong evidence of practice-led research in Communication Design at the undergraduate level.
Introduction to the LINK PRAXIS V.2 I.1 second section
Authors: Mortensen Steagall Marcos
Published: November 2024

This collection of 13 manuscripts presents the exegetical writing produced by final-year undergraduate students completing their Bachelor of Visual Design, with a major in Communication Design, at Auckland University of Technology (AUT). These manuscripts are a key component of the students’ Level 7 capstone projects, where creative practice is critically contextualised through academic reflection.
Following the connective exegesis model proposed by Hamilton and Jaaniste (2010), the project integrates 15 credits from Design Research, which focuses on research methodologies, and 45 credits from the Design Studio, which adopts a practice-led, research-driven approach. This framework encourages students to develop creative responses to complex global and cultural issues, connecting personal practice with broader social contexts.
The capstone project’s thematic focus on Design Citizenship encourages students to engage in transdisciplinary work that addresses contemporary cultural, environmental, and social challenges. This approach fosters innovation and authenticity, allowing students to explore how design can offer both personal and socially relevant responses to critical questions.
The programme has notably generated increased interest in postgraduate study, with many students continuing their research in the Master’s programme. These manuscripts offer a platform for students to engage in scholarly publishing, providing a space for them to reflect on how practice-oriented research can yield meaningful, contextually informed design outcomes. This collection contributes to broader discussions about the role of creative practice in higher education and its potential to generate new insights and knowledge through design research.
Compensation for Harm Caused to Life and Health of Citizens as a Result of the Provision of Medical Services
Authors: Lantukh D.V. , Nevzgodina E.L.
Published: November 2024

Introduction. The authors investigate a traditionally debatable problem in civil science. It's about the concept “source of increased danger” at the context of the article's title. Purpose. The authors have the goal - rationale of the position, that mean medical activities which is cause harm patient's health shouldn't qualify as “source of increased danger”. The way to the goal is searching of nature legal relationships, assessment quality law's mechanisms for patient's protection. Methodology. To solve the tasks set the authors used both general and specific scientific methods, formal-logical, system-structural, descriptive, comparative-legal methods, and the method of scientific analysis in particular. Compensation for harm to the life and health of citizens by medical activity was investigated at various times by P.G. Gabay, R.Yu. Karapetyan (problems of compensation for non-pecuniary damage); M.I. Litovkina (constitutional aspect); K.N. Litovko (questions of accounting for the guilt of the victim); E.V. Muravyova; E.A. Pavlodsky (categories “case” and “force majeure”); L.B. Sitdikova (the ratio of contractual and tort liability, etc.). The authors are exploring possible solutions to problems related to compensation for harm to the life and health of citizens by medical services. The existing legal mechanisms and their effectiveness in matters relating to the needs of society are analyzed: full, affordable and timely compensation for harm caused to the life and health of citizens by medical activities. Results. It's really necessary to define concepts “defect in medical care” and “medical accident”, because without this the scientist's disputes about character of medical activity as source of increased danger will not stop. This will exclude imposition of innocent liability for harm. Conclusion. Medical activity isn't source of increased danger due to its specificity and purpose. There is a lot of quality legal remedies for patient's protection.
Legal Nature of Informed Voluntary Consent for Medical Intervention
Authors: Boyarinova V.I.
Published: November 2024

Introduction. There is no consensus on the legal nature of consent to medical intervention in either the medical or legal literature. However, this document is one of the main evidence of the proper implementation by the medical organization of the obligation to inform the patient, and also play an important ethical and moral role in the relationship between the attending physician and the patient. Purpose. Clearly define the legal nature of informed voluntary consent to medical intervention and its place in the system of legal facts, which will reduce the number of legal conflicts, establish uniformity in judicial practice and allow the formation of effective and predictable legal relations in the field of medicine. Methodology. The article uses materials of judicial practice, scientific literature, the analysis of which is carried out using formal legal, comparative and system-logical research methods. Results. This article explores approaches to the definition of the concept of informed voluntary consent to medical intervention, attempts are made to determine its legal nature. The article considers the informed voluntary consent to medical intervention as a transaction, legal fact, legal status, second law, legal action and concludes the legal nature of such consent, as well as analyzes the advantages and disadvantages of this or that approach. Conclusion. An important conclusion is that the legal act differs from the transaction, which consists in the content of the will: in the act, the will consists in the desire to achieve any set goal, and not just the legal one. If consent is a legal act, then the consequences of the actions for which it is issued occur regardless of whether the actions were aimed at the occurrence of such consequences or not. The conducted research is important both for theory and for law enforcement practice.
Philosophy of Law as an Ideological Prerequisite of Philosophical Type of Understanding of Law
Authors: Kozhevnikov V.V. , Cherednichenko A.E.
Published: November 2024

Introduction. The relevance of the scientific article is due to the ambiguous assessment of the philosophy of law and understanding by scientists of the philosophical type of understanding. The article is based on the analysis of some, in our opinion, fundamental and interrelated provisions of the textbook for masters by the famous Russian scientist, professor O.V. Martyshin “Philosophy of law”, the views of other philosophers and legal theorists concerning the status of philosophy of law in Russia and the philosophical type of understanding of law. Purpose. The aim of the papers is to analyze the positions of scientists who do not recognize the philosophy of law as a science, and give it the status of science; to substantiate the position according to which the philosophy of law is the ideological basis of the philosophical type of understanding of law, which is also understood ambiguously. Methodology. The authors used includes the following methods: general philosophical (dialectical-materialistic); general scientific (analysis and synthesis, logical and historical, comparison, abstraction, etc.); special methods (specifically sociological research, statistical, etc.); private scientific (formal legal, interpretation of law, etc.). Results. Despite the positions of philosophers and jurists about the non-scientific character of the philosophy of law the latter should be regarded as an independent science with its subject, methodology, performing their specific functions, consistent with other legal and social sciences. Legal philosophy serves as the ideological premise of a philosophical type of understanding that defines the scope or boundary measures of human freedom and which should not be confused with natural law type. Conclusion. It is necessary to make joint efforts of scientists related to this branch of knowledge and academic discipline to overcome the existing disagreements on fundamental issues related to the philosophy of law, and to solve the problems arising in the process of its development and improvement.
Some Approaches to the Evaluation of the Phenomenon of Abuse of Law in the Criminal Process
Authors: Azarov V.A. , Nurbaev D.M.
Published: November 2024

Introduction. A wide discussion in the science of criminal procedure of the controversial category of “abuse of law” requires its careful study and reflection. Available in the doctrine of criminal procedure of the facts raise the question of the need for its normative consolidation. Purpose. The study of various options for understanding the essence of abuse of law, forms of its consolidation and implementation in the current legislation without disturbing the balance of rights and interests of participants in the criminal process. The main ways of normative consolidation of this category is seen as its consideration as a principle or a separate institution. Methods. The study used such methods as formal - legal, which allowed us to explore the possibility of integration of the concept of abuse of law as a principle of the criminal process, as well as comparative-legal, which have been mapped in existing literature the ways of counteracting abuse of law. Results. Approaches to the evaluation of the concept of abuse of rights in the criminal process, it is advisable to indicate the following: required the search of optimal balance of interests and rights of participants in criminal proceedings (which we mentioned above), fundamental (value), limited rights arising from the General principle of ensuring the right to protection and assessment of impacts of doctrinal and practical way. Conclusion. The authors propose to take into account as conditions of application of the studied category the balance of rights of participants of criminal proceedings, reduction of subjectivity, convergence of the picture of doctrinal and practical implementation. Such requirements are real under the condition of detailed regulation of each type of the revealed abuse of the right in the criminal procedure legislation by analogy of the part 3 Art. 217 of the Criminal Procedure Code.
Review on Y.S. Karavaeva's Dissertation “Special Subject of Crime: Criminological Approach”
Authors: Shesler A.V.
Published: November 2024

Introduction. Y.S. Karavaeva prepared a dissertation on the theme of criminological substantiation of the design of a special subject in domestic criminal law. The author presented the dissertation for the degree of candidate of legal sciences, specialty 12.00.08 (criminal law and criminology; penal enforcement law) and successfully defended it at a meeting of the dissertation council created on the basis of the Omsk Academy of the Ministry of the Interior of Russia on October 5, 2017. A.V. Shesler, as an official opponent, analyzed the thesis for compliance with the requirements of the Regulation “On awarding academic degrees”, approved by Decree of the Government of the Russian Federation of September 24, 2013 No. 842. Results. The dissertation contains the solution of the problem, which is important for the development of criminal law science. The design of the dissertation meets the requirements established by the Ministry of Education and Science of the Russian Federation. The dissertation is an actual independent scientific research, which has a completed form, based on a sufficient empirical basis. The conclusions and suggestions contained in the thesis have scientific novelty and practical significance. The content of the abstract corresponds to the content of the dissertation. The dissertation and the abstract correspond to the requirements of the Regulation “On awarding academic degrees”, approved by the Decree of the Government of the Russian Federation of September 24, 2013 No. 842. The author of the dissertation “Special subject of crime: a criminological approach” Julia Stanislavovna Karavaeva deserves the award of the required academic degree of candidate of legal sciences in the specialty 12.00.08 (criminal law and criminology; penal enforcement law).
The Drafts Codification of the Legislation of the USSR in the 1930-1940s
Authors: Yashchuk T.F.
Published: November 2024

Introduction. In historical and legal science, the codes of the RSFSR, which were adopted in the 1920s and 1960s, are well studied. The work on codification of the legislation of the USSR, which was carried out in the 1930s and 1940s, were practically not investigated. Purpose. Purpose of the study is to establish the reasons for codification work at the Union level, to describe the process of drafting codes, to analyze proposed projects, to identify factors why they did not become laws. Methodology. The methodology includes a combination of the following methods: dialectical materialism, evidence-based methods, formal legal and comparative legal methods. The method of dialectical materialism made it possible to show that the draft codes reflected the economic, social and political changes that occurred during the study period. The evidence-based methods was necessary to establish all the circumstances of the development of codes. The formal legal method was used to analyze draft codes as legal documents. The comparative legal method was used to compare separate projects with each other and with existing codes. Results. The first attempts at union-wide codification date back to the early 1930s, but the active phase begins after the adoption of the Constitution of 1936, which significantly expanded the legislative authority of the USSR. Four projects were being prepared: the Criminal Code of the USSR, the Code of Criminal Procedure of the USSR, the Civil Code of the USSR and the Civil Procedure Code of the USSR. Only the draft of the Criminal Code of the USSR was completely completed. Conclusion. Despite lengthy preparations, the codes were not formally approved. The main reason is that the idea of an all-Union codification does not conform to the federal form of the Soviet state.
Organizational and Legal Problems of Activity of Local Authorities in Siberia in 1918-1921
Authors: Parchenko N.A.
Published: November 2024

Introduction. The article is devoted to a comprehensive study of the problems of legal regulation and organization of local authorities in the Soviet state in 1918-1921. The period presented in the article is the initial stage of the administrative-territorial reform in Russia, completed by the Soviet government in 1936.This topic under study is of great importance, due to the importance of the historical period presented for the formation of the regulatory framework and law enforcement practice of the subsequent stages of the administrative-territorial reform in Russia, as well as for the study of these processes in the Siberian region. Purpose. The aim of the study is to analyze the key problems of the formation of local authorities in Russia using the example of the Siberian region in the period 1918-1921. Methodology. The study used general scientific; special: historical, comparative, systemic and private scientific methods, such as: formal legal and comparative legal. Results. The conclusion is substantiated that at this stage the central authorities finally came to the conclusion that the previous system of local authorities and the territorial units of Tsarist Russia were dismantled. The article presents and analyzes the main problems associated with the formation and activities of local authorities in the specified period. The legal foundations of the creation of local bodies - local Councils, and their executive bodies - executive committees, as well as extraordinary bodies in wartime conditions - revolutionary committees, which were temporarily the highest local bodies on the ground, are given. Conclusion. This study serves as a historical example of law enforcement practice in the field of acts of the central authorities of the state in the context of a fundamental change in the system of administrative and territorial administration. The results can be used as a theoretical basis for a similar type of state activity at present.
To the Issue of Feasibility of Decisions of the Constitutional Court of the Russian Federation
Authors: Petrov A.A.
Published: November 2024

Introduction. The relevance of the declared topic is due to a lack of attention to the issues of the feasibility of decisions of the Constitutional Court of the Russian Federation in legal science. Meanwhile, the goals of the activities of the Constitutional Court are achieved primarily through its decisions, which act as a means of embodying its competence. Purpose. The author seeks to substantiate the importance of posing the problem of the feasibility of decisions of the Constitutional Court, as well as to formulate common approaches to its understanding. Methodology. The work was carried out using methods of intersectoral analysis, a comprehensive theoretical and practical research, legal hermeneutics. In preparing the article, such general methods of cognition as logical, system-structural, analysis and synthesis, abstraction and concretization were also applied. Results. It is shown that the category of enforceability of judicial acts, widely used in procedural disciplines, is unsuitable for describing decisions of the Constitutional Court due to their special nature and general normative significance. The necessity of differentiating the property of universally binding decisions of the Constitutional Court from feasibility, which characterizes the ability of decisions to achieve the goals of the Constitutional Court, is substantiated. The feasibility of the decision of the Constitutional Court may be called into question due to the uncertainty of the content of the final conclusions in its resolutory part, as well as when its conclusions include instructions blocking the occurrence of the legal consequences of the decision. Conclusion. It is proved that the feasibility of decisions of the Constitutional Court characterizes the possibility of translating its legal consequences into real legal reality. It is determined taking into account the qualitative state of the solution, including its compliance with the requirements of substantive certainty and consistency. The work can serve as a starting point in further disclosing the problems of the implementation of decisions of the Constitutional Court, including the development of legal means to ensure their feasibility.
Property Organization Method and Structure of the State (Part III)
Authors: Butakov A.V.
Published: November 2024

Introduction. The relevance of the article is stipulated by the gap in the study of property and the state as a consistent system. Purpose. To show that each way of organizing property - private, mixed (corporate), common (collective) - potentially stimulates the existence of a certain structure of the state. Methodology. The author uses the creator-owned research methodology of the state - normative structuralism, where property as the main system-forming goal of the state's existence genetically predetermines principles of rationing its structure. Each way of organizing property in a particular social time period can acquire the quality of the main backbone in the organization structure of the state. Each way of organizing property provides proper social function: private way of organizing property - function of social development; mixed (corporate) - function of social compromise (convergence); general (collective) - function of social security in the broadest sense. If private way of organizing property genetically programmed for the production and reproduction of social competition, mixed (corporate) and common (collective) are determined by the idea of its limitations and leveling. Private way of organizing property, acquiring the value of the main system-forming one, begins to fully stimulate the existence of a democratic structure of state organization. In turn, mixed (corporate) and common (collective) ways of organizing property, acquiring the quality of the main system-forming ones, stimulate the existence of a wide structural range of state functioning: from various regimes of democratic orientation to specific non-democratic regimes. Results. The article presents the theoretical concept of the author's methodology - normative structuralism, it explores property as the main system-forming goal of the state existence. Conclusion. The study of property as the main backbone goal of the state's existence from the normative structuralism point of view makes it possible to expand the range of tools for studying Russian statehood from its first capitalist industrialization.
The Conditionality of Taxpayer's Legal Responsibility By Contractors Activities: Legal Issues
Authors: Glazunova I.V.
Published: November 2024

Introduction. The relevance of the article is stipulated by the gap in the study of the characteristics of the influence of counterparties on taxpayer's responsibility. Purpose. The author aims to identify risk factors associated with counterparties and affecting the degree of responsibility of the taxpayer to justify the need to take them into account when deciding whether to bring the taxpayer to liability for tax offenses committed by him. Methodology. The author uses analysis, synthesis, comparison, interpretation of legal acts and juridical practice, economic approach as well as the dialectic and formal-legal methods. Results. The author substantiates that the results of the counterparty's audit may affect the rights and obligations of the taxpayer, therefore, verification of legal facts regarding the behavior of the taxpayer, which is the basis for bringing him to tax liability will be incomplete without characterizing the relationship of the taxpayer and his counterparties; when determining the degree of taxpayer's guilt in committing a tax offense, it is necessary to take into account the illegal behavior of the counterparty and the activities of the tax authorities. Conclusion. The issues of procedural participation of counterparties in tax control events, the study of the role of tax authorities in determining the degree of guilt of a taxpayer await their resolution in legislative activity and law enforcement practice. The final decision of relevant issues in practice remains with the courts, but the study of the circumstances surrounding them will serve the purpose of fully respecting the rights of all participants of tax process.
Property Relations as a Subject of Legal Regulation of Civil and Family Law
Authors: Bondarenko N.L. , Khaletskaya T.M.
Published: November 2024

Introduction. The unified “root system” of civil and family law is the objective reason for the relative unity of the subjects of their legal regulation. So the property relations of spouses are regulated by both civil and family law, which determines the need for their consideration in the interpenetration of these industries. Purpose. The purpose of the article is to identify the specifics of spouses' property relations and their legal nature, as well as performance evaluation of their regulation within civil and family law. Methodology. To achieve this goal both general and private scientific research methods are used: the comparative legal method, legal interpretation method, formal legal method, the method of complex analysis of legislation. Results. The authors of the article pay special attention to the analysis of certain types of property relations arising between spouses. The authors analyzes of the legislation of the Republic of Belarus, the Russian Federation and other EAEU countries and compare the points of view of scientists expressed on this issue. They identify four groups of property relations arising between spouses: relations on the affiliation of things and property rights of spouses; relations on transactions between spouses; relations arising in connection with the third party liability; relations of spouses on mutual material maintenance (alimony relations). Conclusion. The conclusion is substantiated that it is advisable to include only property relations between spouses in mutual content in the subject of legal regulation of family law. With regard to other types of property relations of spouses the authors expressed their opinion about the necessity of legal regulation of the rules of civil law rather than marriage and family law. Thus, it will help to avoid the duplication of regulatory requirements and the multiplicity of the same issue.
Current Issues of Termination of Criminal Prosecution in the Light of New Legislative Changes
Authors: Nurbaev D.M.
Published: November 2024

Introduction. The article is devoted to the study of changes in criminal procedural legislation regarding the termination of a criminal case due to the expiration of the statute of limitations for criminal prosecution. Purpose. The purpose of the study is to propose a legal mechanism to ensure the right of the victim to access justice in the event of termination of criminal prosecution in the manner prescribed by Part 2.2 of Article 27 of the Code of Criminal Procedure of the Russian Federation on rehabilitative grounds. Methodology. The conclusions and recommendations contained in the work are formulated through the integrated use of comparative legal, formal legal, systemic and structural methods. Results. The work analyzes the position of the Constitutional Court of the Russian Federation, which became a harbinger of these innovations, as well as the opinions of scientists on this topic. Attention is drawn to the fact that, taking into account the purpose of criminal proceedings, the legislator has not paid due attention to ensuring the rights and interests of a crime victim. The need to terminate a criminal case on rehabilitative grounds in the case provided for in Part 2.2 of Art. 27 of the Code of Criminal Procedure of the Russian Federation for the non-involvement of a person in the commission of a crime, for the purpose of respecting the rights of the suspect and accused, ensuring the reasonableness of the terms of criminal proceedings, actually deprives the victim of a crime of the opportunity to recover damages caused by the crime, including within the framework of civil proceedings. Conclusion. The author puts forward a solution to the problem in which the purpose of criminal proceedings on the topic under study will be fully achieved. In particular, it is proposed to provide for the right of the victim to appeal the termination of the criminal case in the manner provided for in Part 2.2 of Art. 27 of the Code of Criminal Procedure of the Russian Federation, during the consideration of which the court is given the authority to change the grounds for termination of criminal prosecution.
Anticriminal Strategy and Criminology
Authors: Kleymenov M.V.
Published: November 2024

Introduction. The publication reflects the results of the review of the monograph by a team of authors “Anti-criminal strategy and its criminological component” (Moscow, Yurlitinform Publ., 2023. 288 p.). Results. The advantage of the work is the recognition of the leading role of criminology in the development of theoretical foundations, programs and plans for the implementation of practical activities to combat crime and limit the influence of criminals on social processes in Russia. The gaps in the monograph are associated with insufficient knowledge of the positive experience of domestic criminological research and the declarative nature of the theses formulated.
Information, Psychology and Security: a Comparative Study
Authors: Balandin A.L. , Sabol E.M.
Published: November 2024

Introduction. The review is devoted to the monograph by V.V. Krasinsky, S.A. Osipov, M.V. Peskov “Countering threats to information and psychological security: the experience of China, Japan and South Korea” (Moscow, Yurlitinform Publ., 2024. 152 p.). Results. In general, the monograph deserves a positive assessment, since it expands the horizons of information about advanced technologies in the field of information and psychological security, in the development and implementation where China is clearly the leader. It is supposed to have become possible under the conditions of a socialist system of public relations, which is devoid of the disadvantages of criminal capitalism.
Conducting Investigative Actions Remotely
Authors: Revenko N.I.
Published: November 2024

Introduction. The paper reflects the results of reviewing the monograph by A.B. Smushkin "The concept of remote criminology”, edited by V.B. Vekhova (Moscow, Yurlitinform Publ., 2024. 256 p.). Results. The monograph contains a detailed analysis of the legal regulation of foreign and domestic legislation on the use of video conferencing in the production of investigative actions, the tactics of their conduct and the psychological characteristics of the behavior of the investigator and the persons involved. Promising methods of producing verbal investigative actions, such as a web conference, computer-mediated reality, and holography, are described. The authors analyzed the possibilities of using unmanned aerial vehicles and other unmanned devices, remote sensing of the earth, during the inspection of the scene of the accident.
Employment, Labor, Legal Relations: on the Centenary of the Birth of V.N. Skobelkin (Review of the Round Table)
Authors: Chucha S.Yu.
Published: November 2024

Introduction. Some provisions of the reports read during the round table “Employment, labor, legal relations”, dedicated to the centenary of the birth of V.N. Skobelkin and held on March 22, 2024 at the Institute of State and Law of the Russian Academy of Sciences, are given. Purpose. Outline the main provisions of the doctrine by V.N. Skobelkin and his scientific school, as well as its significance for the modern transformation of the subject of labor law.
Real, Illusory and Fictional Legal Pluralism
Authors: Biryukov S.V.
Published: November 2024

Introduction. The relevance of this work is due to the ongoing discussion regarding the existence of various forms of legal pluralism and the ambiguous attitude to the plurality of systems (subsystems of law) within the framework of jurisprudence. In this regard, it is necessary to distinguish the real situations of legal pluralism from illusions and fictions that are found in scientific and near-scientific literature. Methodology. Dialectics, comparative method, formal-logical method, system approach, analysis and synthesis have formed the research base. Results. The statements about the coexistence of various legal systems in society are presented and analyzed. The reasons for the existence of such representations are revealed. Conclusion. The article proves that legal pluralism is a real, albeit ambiguous phenomenon. The opinion is refuted, according to which legal pluralism either does not exist at all, or can only be evaluated negatively. At the same time, its scale and significance are often exaggerated due to representations that are defined as illusory and (or) fictitious legal pluralism. In the first case, it is the result of the illusions of the researchers themselves (thinkers) or a purposeful attempt to generate such an illusion from third parties. In the second, these are artistic descriptions of clearly fictional state-legal systems. Social reality and erroneous judgments about it, the fruits of imagination should be distinguished. At the same time, persistent delusions and fantasies can be non-random, socially conditioned, and perform certain functions in society.
Functions of the Soviet Personal Pension Provision in the Pre-War Period (1923-1941)
Authors: Kapustina O.V.
Published: November 2024

Introduction. Pension provision is multifunctional. Currently, scientists are actively exploring the functionality of pension provision, however, the original functions of the Soviet personal pension provision remained outside the field of their interests. Purpose. The author aims to determine the specific (original) functions characteristic of personal pension provision in the pre-war period (1923-1941) being based on the analysis of legislative acts regulating the establishment of personal pension provision and personal files of personal pensioners of republican significance. Methodology. In his research, the author was guided by the principles of consistency, historicism and scientific objectivity, as well as the method of interpretation of legal norms and the technical and legal method. Results. In addition to the functions common to all types of pension provision, five specific functions of personal pensions have been identified: granting immunity from national legislative restrictions; reimbursement of royalties to the heirs of outstanding figures of culture and art; partial compensation to descendants and relatives of the value of valuables transferred by them to the state (archives, collections, personal belongings) and real estate (houses, apartments, estates) previously owned by prominent figures of culture, science, art and the revolutionary movement; payment provided to specialists for exclusive skills, knowledge transferred to the state or for services rendered; solutions to complex issues pension provision within the pension system. Conclusion. The original functions of personal pension provision allowed the Soviet state to solve numerous tasks related to the organization of museums of Russian classics, attracting highly qualified specialists to its side, providing material support to honored citizens who formally have no rights to pensions for professional activities.