2025 Issue №4

Based on a wide range of unpublished archival sources, the process of abolishing courts of conscience in the Russian Empire between 1828 and 1866 is analyzed. The mass abolition of courts of conscience dates to 1852, when, following all regulatory procedures, 18 courts of conscience were closed. At the same time, the positions of judges of conscience were not al­ways abolished—in some cases, they were incorporated into local judicial chambers (as a rule, criminal chambers). Formally, the small number of cases considered by courts of conscience after the promulgation of the law of 13 November 1850 became the main reason for the aboli­tion of these judicial institutions in 18 provinces of the Russian Empire in 1852. The second wave of mass abolition of courts of conscience dates to 1857, when another 22 courts of con­science were closed. An analysis of the mechanism of abolishing courts of conscience makes it possible to assert that the majority of these courts were abolished according to the scheme ap­proved by the State Council in 1852. Under this scheme, the last courts of conscience in the Russian Empire were liquidated in 1861. At the same time, the positions of judges of con­science continued to be retained. Only in accordance with the law of 25 November 1866 were they gradually abolished, and the duties of judges of conscience were assigned to the deputies of the chairmen of local judicial chambers.

The article examines personal surety as a preventive measure in contemporary criminal proceedings and analyzes problems related to the effectiveness of its application. Using histor­ical analysis, the authors trace changes in the legal regulation of this preventive measure prior to the adoption of the Judicial Statutes, after their enactment, during the Soviet period, and in the present day. The study characterizes controversial issues that arise when selecting this preventive measure and notes its extremely low demand among law enforcement practition­ers. Particular attention is paid to the interpretation of the concept of a “trustworthy person” and to the criteria that, although not currently enshrined in law, may be applied to such indi­viduals. The article also describes the amount of the fine imposed for violation of this preven­tive measure and points out its disproportionality. The authors propose significantly increas­ing the amount of the fine or linking it to the amount of damage caused by the crime. The article presents the results of a survey conducted among law enforcement officers and judges, as well as an analysis of narrative accounts collected on the issue under consideration. Based on the findings, the authors formulate recommendations aimed at increasing the effectiveness of the application of this preventive measure and expanding the number of cases in which it is selected. In particular, they propose increasing the amount of the fine for violation of the pre­ventive measure and clarifying the concept of a “trustworthy person” at the level of subordi­nate regulatory acts of law enforcement bodies or in the explanations of the Plenum of the Supreme Court of the Russian Federation.

The relevance of the study of interim decisions in proceedings before courts of first in­stance is due, first, to their diversity; second, to their legal value and significance for the pro­gress of a criminal case during the consideration and resolution of a criminal-law dispute on the merits; and third, by the fragmented requirements applied to them. The aim of the study is to formulate a definition of an interim decision, to determine its place among the decisions of the court of first instance, and to develop universal recommendations containing require­ments that contribute to its effective and high-quality functioning. Within the framework of the research, axiological, synergistic, and dialectical methods were applied, as well as provi­sions of the theory of social action. Methods of synthesis and analysis, along with formal-legal and comparative-legal methods, were employed. The immediate empirical basis of the study consisted of the results of an analysis of the legislation of the Russian Federation, data from the Judicial Department at the Supreme Court of the Russian Federation, and law enforce­ment practice. The findings of the study make it possible to enrich the theory of criminal pro­cedure with a new definition, to clarify the essence of interim decisions of courts of first in­stance, and to create conditions for the implementation of the formulated recommendations in judicial practice.

The relevance of the topic of the article is determined by practical issues arising in the formation of intent to illegally distribute prohibited substances when such intent is realized in the course of operational-search measures such as an “operational experiment” and a “test purchase,” since, in cases where this intent is formed under the influence of law enforcement agencies, this necessarily leads to the conclusion that the elements of a crime are absent. The article examines issues related to establishing the formation of intent to illegally distribute narcotic drugs using IT technologies, as well as issues of provocation and the consequences of its application. The prohibition on the use of provocation to commit a crime contained in the Federal Law “On Operational-Search Activity” should be regarded as a legal fiction, since criminal law lacks effective response measures to this negative phenomenon, with the sole exception of Article 304 of the Criminal Code of the Russian Federation, which concerns brib­ery and official corruption. The aim of the study is to develop criteria by which it is possible to assess the causes and motivating factors behind the emergence of intent to commit crimes related to illicit drug trafficking. In the course of the research, judicial decisions were analyzed and the views of Russian scholars on this subject were taken into account. The article propos­es possible solutions to the identified problems in order to achieve public interests in the form of protecting the rights and interests of citizens from various provocative actions aimed at forming criminal intent.

Using the example of Randal MacDonnell, Earl and Marquess of Antrim, the article ex­amines the specific features of the attitude of the English political establishment during the period of the Commonwealth and the Protectorate toward representatives of the Irish Catholic community. During the years of the First Civil War, this aristocrat was an ardent supporter of the monarchy and provided armed assistance to Charles I in his struggle against the Scot­tish Covenanters. He later sharply changed sides and began to support Cromwell during his campaign in Ireland. The study characterizes the reasons for Sir Randal’s defection to the side of the “enemies of Catholicism,” as well as the services he rendered to the new regime. In ad­dition, the article identifies the circle of patrons of the Catholic lord and analyzes the reasons why he ultimately failed to fully integrate into the established system of state power. The me­thodological framework of the study includes both general scientific methods of inquiry (his­torical-genetic, problem-chronological, historical-comparative, and methods of analysis and synthesis) and microhistorical analysis.

The article examines the problem of representing the history and culture of Old Believers in the journalistic writings of the recognized classics of anarchist thought—M. A. Bakunin, P. A. Kropotkin and L. N. Tolstoy. It is shown that representatives of the Russian anar­chist movement re­garded Old Believers as a potential support in the struggle against the tsar­ist government. According to the views of the revolutionaries, the mentality of Old Believers shared numerous similarities with the ethics of Russian socialists. Despite many fundamental ideological differ­ences, both groups gravitated toward collectivism, welcomed egalitarianism in social life, and demonstrated a pronounced distrust of representatives of the ruling authori­ties. It is noted that on a number of issues, anarchists’ views on Old Belief differed little from the perception of this religious movement held by thinkers of a state-protective orientation. In particular, both camps of theorists sought to identify in Old Belief a “natural” inclination toward anti-monarchical protest, revolutionary radicalism, and even readiness for armed re­bellion.

The views of representatives of monarchist circles within Russian society toward the last Russian emperor during the years of the First World War are examined. The study concludes that two models of monarchists’ attitudes toward Nicholas II during the specified period can be identified. The apologetic model was based on monarchists’ perception of the emperor’s personal virtues, including his loyalty to duty. Among the prominent apologists of the mon­arch was A. I. Dubrovin, the founder of the All-Russian Dubrovin Union of the Russian Peo­ple, who expressed support for the emperor in the newspaper Russkoe znamya up to the Feb­ruary Revolution. The case described in the article involving an appeal to the authorities call­ing for the restoration of Nicholas II to the throne, as well as letters from representatives of various social strata addressed to the former tsar, demonstrates that even after his abdication, a sacralized perception of his figure persisted in society. The cited examples indicate the pres­ence of loyalist sentiments within monarchist circles during the First World War, which did not significantly change under the influence of external or internal political circumstances. In this regard, this model of perception of the emperor may conditionally be described as static. The opposing model of perception of the monarch is characterized by a negative dynamic in attitudes toward him. Within this segment of monarchist circles, Nicholas II was regarded as an official held responsible for military failures and internal problems in the country. Dissa­tisfaction on the part of this group with the emperor’s actions and with the situation in the state ultimately found expression in the participation of V. V. Shulgin and A. I. Guchkov in organizing the abdication of Nicholas II from the throne.

In the early 1930s, the Republic of Estonia faced serious economic problems, and the country’s political forces proved unable to cope with the challenges of the crisis period. The flaws of the political system were embedded at the constitutional level, which forced the par­liament to initiate the process of drafting amendments to the country’s fundamental law. In 1932—1933, three nationwide referenda were held: two constitutional drafts prepared by the parliament were deemed unsatisfactory by the population, after which preference was given to an extra-parliamentary draft of amendments, which ultimately proved fatal for democracy in the country. Against the backdrop of the upcoming presidential elections, Konstantin P?ts, temporarily acting as president under the new constitution, carried out a coup d'?tat. This article examines all three constitutional drafts submitted to general referendums. The process of drafting amendments in each case is analyzed, the nature of the proposed changes is deter­mined, and the consequences of each referendum are assessed. According to the authors, the amendments submitted in the first referendum were more competent and well-considered than those presented in the third referendum, and the failure of the original amendments re­sulted from the active propaganda of certain actors rather than from the nature of the amend­ments themselves. Moreover, the article argues that the delay in resolving the constitutional issue ultimately led to irreversible consequences, including a military coup and the establish­ment of P?ts’ personal dictatorship.

The article analyzes regional memory politics in the Republic of Ingushetia using the commemoration of the 80th anniversary of the deportation of the Ingush people and the 100th anniversary of the establishment of Ingush statehood as case studies. Employing an actor-oriented approach based on the works of M. Bernhard and J. Kubik, along with discourse analysis, the author examines how various actors shape and promote competing narratives of the past. The study demonstrates that the narrative of the 1944 deportation consolidates In­gush society, enabling regional actors to sustain a “victimhood” discourse and to preserve the memory of trauma through discursive practices and other channels, including education and memorial infrastructure. By contrast, the memory of Ingush statehood is supported by both regional and federal actors. This narrative excludes references to tragic events and focuses on the region’s socio-economic well-being and its integration into Russia. The celebration of the anniversary of Ingush statehood is embedded within the logic of the nationwide narrative and is reinforced through the organization of mass cultural events aimed at promoting the region, as well as through the construction of monuments to the heroes of the Great Patriotic War. It is shown that, although a “consolidated” model of memory is being formed in the republic, its substantive content and institutional environment vary depending on the configuration and strategies of the actors involved.

The article presents the results of a political science analysis of the relationship between cybersecurity and Russia’s information sovereignty, with a focus on the role of domestic digi­tal technologies in ensuring national security. Theoretical approaches to the concept of infor­mation sovereignty are outlined, along with key cybersecurity challenges facing Russia in the context of global threats, as well as the importance of developing indigenous technologies and infrastructure to maintain the state’s digital sovereignty. The contemporary legislative and institutional framework of cybersecurity in the Russian Federation is examined, including doctrinal documents and laws aimed at protecting critical information infrastructure and strengthening “digital borders.” Particular attention is paid to the geopolitical dimension of the issue—Russia’s cooperation with other states in the field of international information security and conflicts of interest in global cyberspace. The article substantiates the conclusion that strengthening cyber defense and achieving information sovereignty require a comprehen­sive approach that combines technological development, effective regulation, and international cooperation, while simultaneously ensuring the independence of the national digital space.

The study examines a model of relations with the European Union referred to as “de facto membership.” The high relevance of this format of interaction stems from the challenges cur­rently facing the EU, in particular issues related to its international actorness, as well as a number of EU initiatives aimed at establishing more flexible forms of cooperation, including in the field of foreign policy. The concept complements existing formats of differentiated inte­gration and external differentiation in cooperation with the European Union. The purpose of the study is to expand existing concepts of cooperation with the EU that go beyond standard de jure membership. Event analysis and comparative analysis were employed as the main research methods. As a result, the study identifies key elements of de facto membership, in­cluding alignment of foreign policy, conditionality of integration, the significance of the ener­gy component in economic interaction, independent initiatives by third countries to incorpo­rate the acquis communautaire into domestic legislation, the importance of a shared cultural identity, as well as quantitative indicators—namely, the orientation of more than 50 % of a country’s foreign trade toward the European market and the implementation of over 50 % of EU legal acts into national law. A comparative analysis is provided of Switzerland as a repre­sentative case of de facto membership and the United Arab Emirates as a country currently only negotiating a free trade agreement with the EU. The study substantiates the conclusion that the EU leadership prioritizes the political dimension of the de facto membership model in its relations with third countries, often at the risk of undermining further cooperation.