THEORY AND HISTORY OF STATE AND LAW
The article examines the issues of creating fair legislation, which is one of the prerequisites for building a legal state, analyzes aspects of the emergence and prevention of discrimination and injustice in legislation, problems of implementing the principles of equality and social justice in modern society, taking into account the optimization of legal consciousness, legal culture, legislation. The purpose of the article is to study inequality, which is the cause of the formation of discrimination and injustice, the search for conditions to minimize these negative aspects in legislation. This goal is achieved through the use of dialectical and hermeneutic methods, principles of ascent from the abstract to the concrete, historicism and others, as well as a comparative legal method. Conclusions are formulated, new opportunities for reforming legislation to overcome unfair inequality are identified. According to the author, the main reason why the principle of fair equality cannot be implemented is poverty and property inequality, which result in inequality of opportunity. Due to this, it is impossible to form a high level of legal consciousness in citizens, corresponding to citizens of a state based on the rule of law. Therefore, formally legal states are not such in reality. Conclusions are formulated, new opportunities for reforming legislation to overcome inequality are identified.
The article is devoted to the consideration of the functions of the state as key areas of its activities in the management of public life in the country. The subject and purpose of the study was to identify the main internal and external functions of the state, including such functions as law enforcement, economic, taxation, political, social, environmental, as well as the function of ensuring the country's defense. The study was conducted based on the use of the system-structural method, which made it possible to determine the significance of the functions of the state considered in the article and to identify their interdependence, ensuring the unity of the state system. The use of the method of theoretical analysis allowed us to focus on the fact that the functions of the state are closely related to the goals and objectives of the state itself, which express its essence and purpose in the life of society, and the fulfillment of which ensures its full existence. It is concluded that the importance of the functions of the state lies in the fact that they formulate the structure of the state itself, the principles of functioning of its elements as a single, integral organization capable of governing and regulating society. The very nature of the state system, expressed in interaction with society, as well as the well-being of the state and society themselves, depends on the effectiveness of the implementation of state functions.
Based on the analytical and teleological study of I. A. Ivannikov’s doctrine of pan-Slavic state unity, the article reveals the relevance of not only the theoretical understanding of pan-Slavic legal ideology, but also the possibility of practical construction of the Union of Slavic Peoples in the near future. The author characterizes the internal and external doctrine of the constitutional and legal integration of the Slavic peoples. The internal doctrine is understood as the Great Russian concept of restoring the state unity of the Russian people, who turned out to be the most divided people on Earth after the collapse of the USSR in 1991; and the external doctrine is the methodology of building a raging pan-Slavic federation on the principles of voluntariness, good faith, equality and social justice of its participants. Particular attention is paid to I. A. Ivannikov’s proposal to educate the Slavic political elite, which will be able to pass on the accumulated knowledge in the field of Slavic civilization, culture, legal system, morality, etc. to future Slavic descendants. A positive assessment is given to the ideas of reconciliation of the Slavic peoples, the establishment of friendly relations between them through economic, educational, political and legal integration. The article also reveals the content of the main provisions of the draft Constitution of the Union of Slavic Peoples, developed by I. A. Ivannikov and gives a description of the elements of the form of the new union statehood. In addition, it is proposed to more seriously study the legal heritage of I. A. Ivannikov, dedicated to Slavic and Russian statehood, for its use for the benefit of domestic constitutionalism.
The article examines the process of formation of the medieval state on the territory of Belarus. The stages of emergence, formation and functioning of the Principality of Polotsk, small appanage principalities of the period of feudal fragmentation and the creation and formation of the Russian-Lithuanian state in the 13th century are analyzed. The author of the article analyzed the domestic and foreign policy of medieval state entities on the territory of Belarus, considered the system of their state power, management and implementation of the justice mechanism. The relevance of the study of the genesis of the Principality of Polotsk is due to the fact that it is, along with the Kyiv and Novgorod lands, one of the oldest within the entire Old Russian state. The work also states the application in the Polotsk land in the 10th century of the legendary “Law of the Russian” and the mention of the payment of tribute to Polotsk, along with other cities under the protection of the Rurik dynasty, the Byzantine Empire after the victorious campaign against Constantinople of Prophetic Oleg. In addition, the geopolitical significance of the little-known victory of Mindaugas, the Russian-Lithuanian prince, over the united army of the Galicia-Volyn principality and the Tatar horde in 1258 in the vicinity of the village of Krutogorye is emphasized. Analyzing the content of the heraldic meaning of the Lithuanian-Russian coat of arms – “Pahonia”, its relationship with similar symbols of Alexander Nevsky and his descendants, used on seals and coins, up until the reign of Grand Duke Ivan III in the Moscow state, who adopted the insignia of the Third Rome as a twoheaded eagle, is proven.
The article examines the main directions of land policy during the reign of Peter I. The subject of this study is the legislative acts regulating land relations in Russia during the Petrine era, in the context of historical events. Based on the study and analysis of legislative acts of Peter the Great’s era, a number of conclusions are drawn about the main directions and nature of Peter the Great’s land policy. It is proved that the issues of land policy in the general circle of Peter the Great’s reforms stood apart from other areas of activity and were rather a necessary measure due to the need to solve current problems of the state. As part of the study of Peter the Great’s legislation in the field of land tenure and land surveying, a conclusion is drawn about the “legal flaw” of regulations, as well as the “accidental nature” and haste in adopting land laws. The article substantiates and proves that the measures taken and the legislation of Peter the Great in the field of regulating relations between church and state had the character of partial secularization. Researchers pay little attention to the issues of legal regulation of land relations during the reign of Peter I. This confirms the relevance of the topic of this study and necessitates a more detailed and comprehensive study of legislative acts in the field of legal regulation of land relations at the end of the 17th – the first half of the 18th century, taking into account socio-economic factors and political conditions in the context of historical facts and events of that time. The research methodology is represented by general scientific methods of cognition, as well as methods of legal science – the historical-legal, formal-legal and comparative-legal methods.
The object of the article is the development of the legal system of the colony of Virginia during the War of Independence and during the period of formation of the legislative framework of the state of Virginia. During the war of independence, the state solved the problems associated with strengthening the mechanisms of governance, mobilization of economic and military resources. After independence and formation of mechanisms of long-term state governance, the Virginia legislators faced the task of implementing the law inherited from the British Empire into the state legislation. The scientific novelty of this article in analyzing the development of colony legislation in the state legislation, as well as the study of the ideological and legal foundations of the process of legislative construction. Such a study has not been conducted before. The research was carried out using methods of comparative analysis and analysis of projects, plans of legislative process in the future state of Virginia. The author of the article examines the legislative process of the state of Virginia, which was a revision and adaptation of the imperial legislation, and the adoption of new laws forming the basis of the state government.
CRIMINAL LAW AND PROCEDURE
This article is an abstract review of some fundamental problems of modern criminal policy and its subsystems. As the authors note, in many countries of the world, the state strategy for countering crime is determined through criminal policy, which establishes the principles, goals, objectives and spiritual and moral foundations of the activities of judicial authorities, criminal prosecution and penitentiary institutions in the process of crime prevention, detection and investigation, trial of criminal cases and execution the punishment imposed by the court. It also builds a strategy for the regulatory framework for countering crime and defines organizational and managerial tools that ensure the normal functioning of law enforcement agencies. It is formed on the basis of the principles and norms of the Constitution and other laws of the country, international standards and obligations assumed by the State to the international community. According to the authors, there are many unresolved issues of a preventive, axiological, methodological, organizational, managerial and other nature in the modern theory of criminal policy. The authors note the need to review the existing state strategy for combating crime and suggest possible directions for its further improvement.
The article examines the problem of desertion as a serious war crime. The article highlights the legal aspects, as well as the legal and social consequences of this act. Its negative impact on military discipline and military security is noted. The subject and purpose of the study was to conduct a comparative legal analysis of the norms governing criminal liability for desertion in the criminal legislation of Russia and other CIS countries. A comparative analysis of the relevant norms of the criminal codes of these countries revealed some differences in the regulation of liability for the type of crime under consideration, some of which, in the author's opinion, could be useful for consideration by the Russian legislator. In this regard, special attention is paid to the note to the article on desertion, which contains the conditions for exemption from criminal liability. The comparative review of the provisions of the norms on desertion in the legislation of Russia and neighboring countries conducted in the article allowed the author to formulate on its basis some recommendations to the legislator regarding the improvement of the provisions of art. 338 of the Criminal Code of the Russian Federation, which could contribute to ensuring a greater preventive effect of the notes to this norm.
The article discusses some current problems of the organization of the prosecutor’s supervision of the preliminary investigation bodies. The issues of the relationship between departmental control and prosecutorial supervision are analyzed. The author substantiates the claim that currently the prosecutor does not have the necessary range of powers to ensure the legality, timeliness and effectiveness of the preliminary investigation. The research uses a method of theoretical analysis based on methods of generalization and systematization of scientific data and supervisory practice. According to the authors of the article, it is logical to return to the prosecutor some of the powers that were withdrawn from him in 2007, given that the managerial influence exerted by the prosecutor on the investigator should not replace the organizational functions that should be performed by the head of the investigative body. A generalizing conclusion is drawn that in the Russian criminal process, both institutions presented in the article are necessary – supervision and control, carried out respectively by the prosecutor and the head of the investigative body. Attention is focused on the importance of establishing an integrated, productive interaction of the bodies that implement them. At the same time, in this case, we should not be talking about replacing departmental control with supervision, but about a proper balance between subjects exercising control and supervisory functions, possibly in the direction of increasing the scope of powers on the part of the prosecutor’s office.
Based on the analysis of departmental regulations, a survey of investigators investigating unsolved crimes of previous years, and a study of research by scientists, the article attempts to give a definition of unsolved crimes of the past years. At the same time, based on generalizations of investigative practice, he speaks about significant signs characteristic of unsolved crimes of previous years, expressed in certain patterns, which, in the author's opinion, begin to manifest themselves no earlier than three to five years from the moment of their suspension. Having outlined his own position, he reveals the content and shows the specifics of such patterns. The article also attempts to define the category of violent crimes. Both the first and the second have the purpose of preparing recommendations to ensure the disclosure and investigation of unsolved violent crimes of previous years. The author's approach is to identify a certain type of violent crimes that will later be positioned as unsolved. It is noted that violent crimes are being considered for which the preliminary investigation has been suspended, and this in itself has certain specifics. Therefore, with regard to the development of recommendations for investigating crimes of previous years, we can only talk about general provisions designed not for a specific type of crime, but for signs according to which a significant number of unsolved crimes are classified as past years. In accordance with this, the author differentiates violent crime into groups depending on the category of crimes defined by Article 15 of the Criminal Code, namely: minor violent crimes (parts 1-2 of Articles 115, 116 of the Criminal Code); moderate violent crimes (parts 1-2 of Articles 112 of the Criminal Code); serious violent crimes (parts 1-2 of Articles 111, 131 of the Criminal Code of the Russian Federation); especially serious violent crimes (Articles 105, parts 3-4 of Articles 111, 131 of the Criminal Code of the Russian Federation). Such differentiation, according to the author, will contribute to the targeted development of these forensic recommendations
CIVIL AND ENTREPRENEURIAL LAW
The article analyzes the signs of property rights from the perspective of distinguishing property rights from other rights (in the system of property rights). Based on the conducted research on the signs of property rights, we can formulate the following theoretical definition and its accompanying conclusions. Property law is the most complete subjective right that encumbers an individualized thing within the limits established by law. The distinguishing features of property rights that allow them to be distinguished from other (including binding) rights are the following: legal strength and the accompanying property of following, absoluteness, and perpetuity (which should be distinguished from an indefinite period in a binding relationship). These signs do not reveal the nature of property rights, they are sufficient only to distinguish property rights from other property rights. Moreover, in isolation from each other, these signs lose their distinctive qualities (since they are also characteristic of other property rights) and qualify the right as real only in their totality (unity). Taking into account the collective meaning of the concept of property rights (which unites property rights and “other property rights”), the features formulated by us should be clarified taking into account the specifics of each “other property right”.
This article is devoted to the theory of interest as a criterion for distinguishing the abuse of civil law from unlawful behavior and from behavior that is legitimate but irrational. Good faith is an evaluative category that does not meet legal definitions, whether it is lawful conduct or misconduct. In this regard, the author suggests dividing lawful behavior into ordinary lawful (conscientious) behavior and socially encouraged behavior, which fully corresponds to the generally accepted concept of conscientious behavior. Since it is civil law that is characterized not only by the free will of subjects, the dispositivity and inadmissibility of arbitrary interference in private affairs, the principle of unhindered exercise of civil rights and the existence of such specific ways of regulating relations as legal custom, the previous behavior of subjects of law, it is precisely in civil law that factors that do not individually have legal significance began to acquire it in their entirety. The author notes that the development of the theory of interest is associated with the need to establish the intention to cause harm, the intention to achieve adverse consequences, or to balance conflicting interests with each other for their legitimacy. The “disadvantages” of using the criterion of “adverse consequences” are also noted - they may include any deterioration in the situation of third parties, which leads to a blurring of the category of “abuse of law”.
The article examines the principles of good faith in the context of civil contracts in Vietnam and Russia, focusing on their importance for the conclusion and performance of contractual obligations. The subject of the research includes the study of the basic legal principles and their role in shaping the law enforcement practice of both countries. The methodology is based on a comparative analysis of legislation, judicial practice and academic sources, which allows us to identify the features of legal regulation and practice of applying the principles of good faith. The scientific novelty of the work lies in revealing the specifics of the interaction of the two states in the legal context based on these principles, as well as in analyzing the prospects for their further application in the context of globalization and digitalization of the economy. The article emphasizes the importance of observing the principles of good faith for the development of mutual trust, stability of the business environment and strengthening partnerships between Vietnam and Russia. The work will be useful to specialists in the field of civil law, international relations and business, as well as those interested in the legal aspects of interstate cooperation and law enforcement in a transnational context, taking into account modern challenges and trends in the global economy and politics.
In the article, the authors consider the issues of the application of penalties in the field of construction (architectural, survey) organizations. The economic activity of construction (architectural, survey) organizations quite often leads to disputes based on the fact of violation of deadlines. As a rule, with such a violation, the contractor undergoes a negative consequence, expressed in the need to pay a fine. At the same time, it is possible that the customer will claim a fine from the contractor that is disproportionate to the violation committed. However, at present, the legislation that regulates issues related to the possibility of reducing penalties (fines) is not without some drawbacks. Thus, the legislator does not fix the term “non-proportionality of the penalty (fine)”, and therefore it seems necessary to include this definition in the Civil Code of the Russian Federation as paragraph 1.1 to art. 333. In addition, the courts currently have an ambiguous approach to resolving the issue of the possibility of reducing the size of the fine for construction (architectural, survey) organizations for noncompliance with deadlines set by law, and not by contract. The authors consider it advisable to clarify in paragraph 1 of Article 333 of the Civil Code of the Russian Federation that any type of fine can be reduced.
The article discusses the issues of the composition of the enterprise, as well as the registration of the transfer of the enterprise as a property complex under a purchase and sale agreement and the exclusive rights included in it. The author notes that civil legislation does not regulate the specifics of concluding a number of civil law contracts, including the purchase and sale agreement of an enterprise, including the methods of identifying and exercising exclusive rights within the enterprise, as well as disposing of them. The doctrine also does not form a coherent, consistent scientific concept of the exercise and disposal of exclusive rights within an enterprise as a property complex used in entrepreneurial activities. In practice, difficulties also arise in connection with multi-stage registration: registration of the contract for the sale of an enterprise, registration of the transfer of ownership carried out by Rosreestr at the conclusion, amendment and termination of the contract for the sale of an enterprise. In addition, when the result of intellectual activity or a means of individualization is registered by the Federal Service for Intellectual Property, the Ministry of Agriculture or another authorized state body, the transfer of rights to such an object, their restriction, termination are also subject to state registration.
The article presents proposals for the creation of a new regulatory legal act, as well as amendments to current legislation in order to increase the effectiveness of regulating the requirements for equipping the light-rail tram transport infrastructure in the Russian Federation. The development of light rail transport in the form of highspeed trams and light metro in the cities of the Russian Federation can provide the population with more predictable and spacious public transport with greater carrying capacity. Technological solutions used in the construction and operation of light rail transport systems affect the parameters of predictability, speed, accessibility, awareness and carrying capacity. Logical, comparative, empirical, analytical, historical-legal, descriptive and other methods were used as the main methods of cognition during the research. The scientific novelty of the study was the following conclusion: in order to increase the effectiveness of the legal regulation of light rail transport in the Russian Federation, it is necessary to introduce multiple changes to the conceptual framework governing tram transport, as well as to consolidate the basic technical and infrastructural characteristics of this type of transport. It is necessary to change the legal definition of the concept “high-speed tram”, as well as expand the list of its technical and operational characteristics. In order to increase the efficiency of the entire transport system, it is necessary to formulate the basic mandatory requirements for equipping tram stops, fixing them in a special regulatory legal act regulating the operation of public transport in its entirety. The authors also propose that separate legal acts regulate measures to bring existing tram transport stops into their regulatory state, as well as the procedure for financing these measures.
INTELLECTUAL PROPERTY LAW
The article deals with the issues related to the legal support of the use of information and communication technologies in various spheres of public relations. Technological achievements in the sphere of digitalization have a transforming effect on the legal profession. It is emphasized that the desire to automate more complex legal processes, including the presentation of a legal position on the case, drafting of a procedural document, the implementation of judicial analytics creates expectations for a new leap in the introduction of artificial intelligence in the legal profession. Discussion aspects in the field of the use of artificial intelligence, in particular, the question of its legal personality are considered. The emerging trajectory of legal technology development strengthens the potential of legal norms, operational and qualitative application. However, it is necessary to see the risks and threats that the introduction of information technology into legal practice may entail, in particular, to be aware of the possible negative impact of artificial intelligence on a person's mental abilities, which can lead to his intellectual degradation. The author also offers his own vision of the future prospects for the introduction of artificial intelligence in various spheres of society.
Clustering of the global space opens up new opportunities in ensuring technological sovereignty. Regional cooperation within the framework of the EAEU and the CIS is becoming more relevant. One of the main policy directions of the member states of the associations is the construction and development of a digital economy in which the importance of artificial intelligence technologies is increasing. The topic of the study is the formation of a unified legal space of the EAEU and the CIS in the light of artificial intelligence regulation. The purpose of the study is to summarize the existing global and regional experience of international cooperation in establishing common approaches in the field of development and use of artificial intelligence systems and to identify promising areas of legal integration of the EAEU and CIS member states on AI regulation. Comparative legal, logical and formal legal methods were used in the research process. The positions of the United Nations and the European Union on the regulation of artificial intelligence are analyzed. The current and projected legislation, as well as acts of a programmatic and strategic nature of Russia, Belarus, Kazakhstan and Kyrgyzstan on the development of the digital economy and AI technologies have been studied. At the moment, there is no systematic regulation of artificial intelligence in the EAEU countries, however, approaches to the formation of a regulatory environment based on foreign experience are being actively developed and discussed. To unify legal regulations, it is necessary, firstly, to adopt the EAEU Code of Ethics for Artificial Intelligence, and secondly, to develop the EAEU Digital Code, which will lay the foundation for classifying AI systems by risk level and creating a unified register of AI systems in the EAEU, which will ensure equal access of technology companies to the markets of all EAEU countries.
LABOR LAW AND SOCIAL SECURITY LAW
The article considers the key aspects of the transfer of personal data to third parties by company employees in the context of digitalization and the expansion of the use of electronic document management. The article raises the problems of legal regulation of work with personal data of third parties by company employees, recording the fact of violations in the unlawful transfer of personal data of third parties by company employees, the introduction of sanctions by the employer against employees for violating the transfer of personal data of third parties, will analyze the current legislation on personal data of the Russian Federation and propose options for its development. The author of the article provides current statistics of court cases arising on the basis of the problem of personal data leaks raised in this article, appropriate conclusions were made and ways to eliminate violations of the rights of personal data subjects and improve legislation were proposed. The article considers the decisions of judicial bodies on the issue of illegal transfer and processing of personal data of subjects, and also provides examples of legal conflicts in relation to this issue. The author also comes to the conclusion about the complexity and multifaceted nature of the problems raised in this article, and points out that more careful legal regulation in terms of processing and transfer of personal data is required from the legislator.
The article examines the theoretical origins of the principle of social solidarity, which today forms the basis of the branch of social security law. The issues of the origin of the idea of social solidarity, the peculiarities of its manifestation in pre-industrial societies are investigated. Political, legal and economic doctrines that develop and conceptually substantiate the principle of social solidarity are considered. Special attention is paid to the doctrine of solidarism: its traditional provisions and modern manifestations. The research methodology is based on a dialectical approach: the consideration of any phenomenon and object in its formation and development, the relationship with other objects or phenomena. The author also uses a set of general scientific and private scientific methods, such as analysis, synthesis, system-structural method, historical, comparative legal, statistical and formal legal methods. Based on the conducted research, the author concludes that pension legislation is based on the principle of social solidarity: both with regard to pensions paid from the budget and with regard to insurance pensions. At the same time, some provisions of the pension laws in force in modern Russia require adjustments in order to bring them in line with the principles enshrined in the amendments to the basic law of our country in 2020. The author of the article has formulated a number of proposals on the adjustment of the norms of domestic pension legislation, which will strengthen the principles of social solidarity and strengthen respect for the person at work.
TAX LAW
The article analyzes the role and importance of the institute of tax monitoring, its principles and mechanism, effectiveness, advantages; the risks of using this form of tax control are identified, and the prospects for its expansion are revealed. The author paid attention to several key aspects related to tax monitoring: an analysis of the benefits of tax monitoring for both business and the state; reducing the administrative burden on taxpayers, improving the quality of tax administration and improving the efficiency of tax authorities; potential threats associated with the use of information technology, as well as possible problems that arise during the process of implementing tax monitoring. According to the author, tax monitoring will change depending on changes in the economic situation and fiscal policy of the country, and adaptation and flexibility in approaches to tax control will become not only desirable, but also necessary to ensure the stability of the tax system. The author concludes that difficult economic conditions will encourage tax authorities to look for new sources of income and effective ways to administer them, which will certainly affect the mechanisms of tax monitoring, and the future of tax monitoring is inextricably linked to the development of technology, changing business environment and the need to adapt to new challenges. According to the author, those tax authorities that will be able to respond quickly and effectively to changes will become leaders in the field of tax control and will be able to ensure a fair distribution of the tax burden in their jurisdictions.
The article explores the problems of the possibility of introducing mediation in the resolution of tax disputes, drawing on the accumulated experience of individual foreign countries (USA, China, Great Britain, France, the Netherlands) in this area. At the current stage of development of tax relations, when the use of dispositive (contractual) methods of regulation is a normal phenomenon, given the proprietary nature of these relations and the need to find a compromise between public and private interests, the issues of mediation in the tax sphere are extremely relevant. The article presents possible options for using this procedure in the Russian practice of tax disputes. According to the authors, the conclusion of a mediation agreement will contribute more to the enforcement of the dispute resolution, since it will be worked out by both parties, taking into account their interests.
INFORMATION TECHNOLOGY AND DIGITAL LAW
The increasing development of artificial intelligence (AI) technologies over the past decade and a half, in addition to positive innovations, also leads to an increase in the risks of digital inequality not only at the level of nation states, but also on a universal scale, which objectively requires research aimed at preparing international legal acts limiting the development of this kind of inequality. Among other things, the paper presents the main criteria for the use of AI technologies, which are the causes of the digital divide under study and possible solutions to problematic issues of the digital divide; it analyzes the ways in which AI can help reduce the digital divide. Logical, comparative, empirical, descriptive and others were used as the main methods of cognition during the research. In particular, the study revealed that today one of the fundamental aspects of the digital divide is access to AI technologies, because AI systems require computing power, infrastructure, and resources for their effective functioning, but not all established groups of individuals (communities and, among others, self-regulatory organizations), especially in developing regions of the world or areas of certain low-income countries, have full access to such opportunities and resources.. Lack of access to AI technologies can widen the digital divide, as it limits the ability of these communities to benefit from AI-based applications, such as, first of all, healthcare, education and economic opportunities, etc. Other fundamental aspects of the AI-driven digital divide include skills and education, bias and ethics, trust and privacy, economic inequality, and others. The scientific novelty of the study was also reflected in the conclusions, according to which the fundamental directions for the development of the concept of implementing measures to reduce the digital divide using AI at the international level were outlined.
The analysis of the legal regulation of digital currencies carried out in the article shows the variety of approaches of different jurisdictions to determining their legal nature and principles of inclusion in property turnover. Thus, the global community demonstrates a wide range of approaches to regulating cryptocurrencies, from full legalization to complete prohibition, while the most progressive legal systems strive to find a balance between innovation and regulation to ensure the sustainable development of the financial sector. During the research, special attention is paid to observing the principle of objectivity and a systematic analysis of the phenomena under study, which allows us to obtain reliable results and form informed conclusions about the state and prospects for the development of legal regulation of digital currencies in various jurisdictions. The formal legal method was used to analyze normative legal acts; the comparative legal method was used in the study of foreign experience. Based on the results of the study, it was concluded that it is impossible to unify international legislation in the field of digital currency circulation, due to the lack of well-established models of legal regulation in most countries. In modern conditions, the most promising is the development of flexible regulation, which makes it possible to adapt to rapidly changing technological realities while maintaining the necessary level of control over financial flows.
The article analyzes the main provisions and the achieved results of the implementation of the Federal Target Program “Development of the judicial system of Russia for 2013-2024”. Assessing, in general, the positive achievements of recent years of the results of the introduction of digital technologies into the practice of interaction between courts and participants in legal proceedings, the author states that there are a number of problems that arise when considering cases in arbitration courts and courts of general jurisdiction within the framework of electronic justice. First of all, the author discovers the immaturity of procedural legislation in regulating the elements of electronic justice. By analogy with the legislation of foreign countries, the author suggests supplementing the Russian civil procedure and arbitration procedural codes with separate chapters providing for the implementation of electronic justice. The author also criticizes the unwillingness of Russian courts to abandon the dual document management: electronic and paper. According to the author, the existence of double document management is facilitated by outdated procedural legislation, which must be brought into line with the real state of affairs in the framework of electronic justice. The author believes that the courts do not fully implement the activities of the Federal Target Program in terms of ensuring remote participation of participants in court proceedings through videoconferencing and web conferencing, which does not have the best effect on ensuring the rights and legitimate interests of citizens and organizations.
ELECTORAL LAW
Тhe article presents the experience of organizing and conducting elections and voting in Russia in emergency situations in 2024, shows the anti-crisis resource of positive electoral law and the electoral system of the Russian Federation, summarizes the novelties of the legal regulation of electoral relations, which ensured their stable functioning and reproduction. The issues of improving the spatial and legal organization of electoral relations, expanding the composition of additional measures to ensure the electoral rights of citizens, differentiating categories of voters, improving the practice of applying variability in terms and forms of voting, as well as combining various forms of early voting are considered. Understanding the experience of organizing and conducting elections and individual electoral actions in the extraordinary conditions of 2024. This prompted the author to set scientific goals and hypotheses, the solution and verification of which is important not only for industry regulation and doctrinal knowledge, but also for legal science, as well as the Russian legal order as a whole.
SPORTS LAW
Football intermediaries (agents) have become a truly integral part of contemporary transfer market. It is very often the case when certain representatives of agency world are in the spotlight of the whole football community. Despite apparent freedom of their activity, it is strictly governed by numerous regulations of Fédération Internationale de Football Association (FIFA), relevant national associations as well as national law of particular countries. Remarkably, legal regulation of agents’ activity has been repeatedly changed and amended as a result of the reforms conducted by FIFA, evaluation of which was subject to criticism. More, this field has been constantly facing intense debates and long-lasting court proceedings.