THEORY AND HISTORY OF STATE AND LAW
The purpose of this article is to analyze the norms of chapter three "On the procedure for foreigners to become citizens and their choice of lifestyle" of the Laws on States (1832), the law of February 10, 1864, which introduced significant changes to them. The authors set themselves the task, using the method of comparative legal research, to establish and summarize the conditions that created the prerequisites for amendments to Articles 1538-1558 (Code of Laws of 1857) by the law of 02/10/1864. These articles regulated the procedures for accepting foreigners into Russian citizenship and its abandonment. The author's attention was drawn not only to comparing procedures, but also to highlighting individual ones in order to understand, by abstracting, the reasons for the acceptance and abandonment of Russian citizenship by foreigners, and the attitude of the legislator of the Russian Empire towards this. Certain provisions of Peter I's Manifestos have not been left without study: "On the conscription of the Swedes into the service and on their freedom to enter the Russian State, upon taking the oath, to settle, marry, acquire immovable property, engage in trade and crafts" (April 1721); "On their unrestricted entry into marriage with Gentiles" (August 18, 1721). As well as later ones, in particular, the Manifesto "On the oath of foreigners wishing to swear eternal citizenship of Russia" (and their subsequent correction). The analysis and generalization of the above normative acts, abstracted information allowed us to conclude that they laid down the legal framework for regulating this important area of activity for the Russian state, and showed the concern of replenishing the fatherland with the population, primarily by various specialists in the civil and military spheres. And the manifestos of Peter the Great for the first time legally fixed the oath as the basis for obtaining Russian citizenship, later called naturalization.
The article deals with the main actions of Soviet state in the sphere of youth policy in the 1920-30s, which were an essential part of a complex of socialist measures implementing by Soviet Russia and then the USSR in this historical period. After the end of the Civil War, the primary task the young Soviet state to face was to cope with homelessness. Great attention was paid to raising the educational attainment of Soviet youth and upbringing young Soviet citizens as communists. In the 1930-40s, due to growing international tensions, the importance of military patriotic education was increased. Osoaviakhim and other organizations provided it. In general, in 1920–30s purposeful youth policy, despite a long period of struggling with homelessness, set up such life guidelines for the younger generation which met not only the interests of building socialism, but also the protection of homeland. Thanks to them, young people were prepared to be involved in the complex mobilization activities of the Soviet state during the Great Patriotic War.
The article analyzes the vestiges of patrimonial law on the elements of the forms of medieval Frankish states of the Merovingian and Carolingian historical eras, as well as the period of the genesis of the Rurik state up to the congress of princes in the city of Lyubich in 1097 AD, using the comparative legal method. The author comes to the conclusion that the Franks and Slavic-Russians at the initial stages of the formation of statehood, considered public power and state territory not as a public good, but as patrimonial property belonging to the ruling dynasty. Under the influence of allodal ownership, the kings of the Franks began to divide state power and territory exclusively between sons born in a legal marriage (this is how the Salic system of succession to the throne arose); representatives of the Rurik family redistributed power and volosts among all male offspring according to the principle of seniority (this is how the ladder or Slavic system of succession to the throne was formed). The specificity of the Slavic etatization of family and clan relations of the ruling dynasty consisted in the fact that women were allowed to exercise supreme power, and orphaned sons of princes were raised by grandfathers on the mother's side (vuy), who played the role of regents until the heirs to the throne reached adulthood.
The presented scientific article examines the issue of the formation and development of legal science in the Serbian state over the past 225 years. The analysis of the development of the theory and methodology of Serbian law and its influence on the course of research into the law of medieval Serbia in the 19th – early 21st centuries is conducted. The author convincingly proves, using actual examples, that the Serbian legal methodology for studying its own medieval history initially developed within the framework of the ideological needs of the formation of a sovereign Serbian constitutional-monarchical statehood. The influence of European legal science on the legal medieval studies of the Serbian legal heritage was reflected in the popularization of the naturalistic, positivistic, Hegelian and sociological philosophical schools. At the beginning of the 20th century, with the arrival of Russian emigrants, the theoretical jurisprudence of Yugoslavia was enriched by the works of F. V. Taranovsky and A. V. Solovyov, who skillfully applied the techniques and methods of comparative legal and historical research into the legislation of the medieval Nemanjic state. During the period of socialist development of Serbian science as part of federal Yugoslavia, the dominant application was given to the methodology of dialectical materialism, which was considered by R. Lukić, not as the only true and correct tool for obtaining new legal knowledge, but as a foundation for using the entire spectrum of methodological tools known to humanitarian knowledge. In modern conditions, the methodological base of Serbian legal historians serves as an important epistemological support for the analysis of medieval law and the state of Serbia by Belarusian and Russian specialists in the field of Slavic legal medieval studies.
The article examines the problem of building a state governed by the rule of law in the context of international law from the perspective of prominent state lawyers, representatives of the school of revived natural law at the beginning of the 20th century, Vladimir Matveevich Gessen and Sergey Andreevich Kotlyarevsky. The issues that were of particular interest to representatives of the scientific community at that time are undoubtedly relevant today. The modern political and legal space is being built in the context of those challenges and threats caused by the international situation, therefore, the problem of revising the conceptual approach to the formation of a system of stable international treaties and agreements, subject to their mandatory implementation by all parties, is particularly acute. The purpose of the study is to analyze the possibilities of the formation and further development of a constitutional, rule–of-law state in Russia at the beginning of the 20th century in the context of international crises in the teachings of prominent lawyers and statesmen V.M. Gessen and S.A. Kotlyarevsky, who advocated the embodiment of their constitutional ideal in the political and legal life of the country. The conclusions are formulated that the constitutional ideas of prominent scientists are particularly relevant in the context of discussions about the rule of law and the role of international law.
The purpose of this article is to study the question of the degree of influence of Freemasons on the formation of the United States, as well as using the example of the article "Freemasons and the Education of the United States" to make an attempt to critically analyze the work of Michael Baigent and Richard Lee, well-known Western authors of works on history, religious history, and law. In particular, in their works they claim that the Constitution is the embodiment of the political ideals of the Freemasons. The Anderson Constitution, one of the fundamental documents of Freemasonry, and the main source of data on Masonic ideology, administrative structure, legislation, and ethics, was used as a source for studying this issue. The provisions of the Anderson Constitution were compared with those of the U.S. Constitution. As a result of studying this issue, it was possible to conclude that the authors of the US Constitution partly relied on Masonic traditions and, in particular, on the Anderson Constitution, the main Masonic document regulating the organization of lodges since 1723. In the process of comparative analysis of the U.S. Constitution and the Anderson Constitutions, the following correspondences were identified: the same age limit of 25 years, established for a candidate to join the Lodge and for election to the U.S. House of Representatives; the general democratic character of both documents, expected for the US Constitution, but not quite obvious to a researcher who is not familiar with the Anderson Constitutions; federalism, which is expressed in the ability of each individual lodge to have its own internal charter, budget, and establish its own positions for the executive functions of the lodges, which is broadly similar to the powers of the States; prohibition on the creation of new states and lodges without obtaining the consent of Congress or the Grand Lodge; the absence of a mechanism for the withdrawal of states from the United States, similar to the absence of a mechanism for the withdrawal of lodges from the jurisdiction of the Grand Lodge; there is a certain similarity in the mechanism of electing the Grand Master of all Lodges and the President of the United States, which is expressed in the use of electors to exercise the right to vote in both cases. The scientific novelty of this work is due to the fact that it is the first serious comparative analysis of the foundations of legislative construction in the United States and Masonic organizations.
The article is devoted to the generalization of the methodological foundations of the recognition and study of cyclic normative arrays in law. The urgency of solving this problem is explained by the development of unusual normative arrays in the legal system, called "cyclical", the practical need for their systematization and the increased interest of legal scholars in this legal phenomenon. These foundations include: dialectics as the doctrine of method; some attitudes of post-non-classical science; the rational picture of law, formed and actualized by the science of it.; the normative theory of law, its provisions regarding the understanding of law and legal phenomena; theoretical concepts of the legal system and functional identification in law. The composition of the methodological foundations under consideration is determined by the modern state of scientific knowledge about law, the ways of its cognition and, in fact, the legal phenomenon called cyclic normative arrays. It is not static. As new knowledge accumulates and the methodology of legal science develops, it can be expanded and supplemented with other positions.
CRIMINAL LAW AND PROCEDURE
The article provides a criminal and legal description of euthanasia as a type of murder in the Russian Federation. The study examines how the current criminal legislation regulates responsibility for taking the life of a terminally ill person at his request, as well as how such actions are qualified in the absence of a special corpus delicti. It is emphasized that both active and passive euthanasia are prohibited by law, and actions aimed at accelerating the death of a patient are primarily qualified as premeditated murder, regardless of the motive. Using concrete examples, the authors demonstrate the different positions of the courts in qualifying euthanasia and sentencing, which does not contribute to the implementation of the principles of legality and justice. In addition, the article distinguishes between euthanasia and other related crimes. In conclusion, the authors emphasize that the absence of a special criminal law norm leads to an ambiguous qualification of such acts and forms the basis for a discussion about the expediency of legalizing passive euthanasia in Russia.
This article provides an analysis of modern forensic technologies that are used in the investigation of certain corruption crimes. A special place in the work is occupied by the analysis of the concept of forensic technology, which changes its meaning after a certain period of time. The definitions of a number of authors on this issue are given. Modern forensic technologies include alternative light photography, laser ablation, 3D facial reconstruction, high-speed ballistic photography, DNA amplification, and a cyanoacrylate evaporation chamber (superglue evaporation). Along with this, modern forensic capabilities are being considered, which use advanced software and digital technologies to increase the speed and accuracy of investigations, thereby expanding the capabilities of forensic science in general. In the case of corruption crimes, these methods are particularly useful.
The subject of this work is the analysis of the criminal procedure legislation of the Russian Federation in terms of the procedure for the seizure and copying of information from electronic media. Given the widespread use of electronic devices in everyday life, the problems associated with the procedural provision of their seizure are of particular importance. The article examines and analyzes the scientific works of Russian scientists on the topic under study. The comparative analysis of the norms of the criminal procedure law among themselves led to the identification of a "gap" in the legislation regarding the seizure of electronic media as part of a pre-investigation check. The author focuses on the seizure of electronic media in the investigation of crimes related to entrepreneurial activity. The analysis of judicial practice, which contained the facts of recognition of electronic media as evidence, is carried out. The article mentions a significant but poorly disclosed feature of digital evidence related to its instability. It is concluded that there is a need for legislative regulation of the problem that may arise when information is withdrawn or copied from electronic media. The author proposes to supplement Article 144 of the Criminal Procedure Code of the Russian Federation with Part 1.3, which, together with the above, confirms the relevance of this study.
CIVIL LAW
The subject of the article is to determine the main directions of civil law reform, taking into account the tasks of socio-economic development set by the state. The author concludes that the general direction of the development of civil legislation is to ensure the economic security of Russia. It is concluded that the effectiveness of civil legislation requires the definition of criteria in the field of its reform. The quality indicators of civil legislation are presented, which should be taken into account when determining the directions of development of civil legislation. In general, the improvement of civil legislation should be based on the principles of morality and morality, taking into account the balance of private and public interests and, accordingly, associated with the reform of administrative and criminal law norms. In particular, the author notes that the issue of reforming the minimum size of the authorized capital of a limited liability company and a non-public joint-stock company has long been overdue. The author also raises the issue of the need for further improvement of civil legislation in order to protect the economic rights of citizens: it is about protecting the rights of citizens - borrowers, depositors, and homeowners.
This article is devoted to the legal forms of establishing representation relations: power of attorney and contracts. It concludes that the processes of digitalization and the transfer of legal personality from one entity to another are similar. The main legal problems of both processes are similar – the problem of verification of the so-called "primary" person – the principal and, accordingly, the user. In addition, the author suggests that the problem of correct user identification has caused the development of the Web 3.0 concept, which involves a conceptual change in legal relations – not only subjects, but also objects become their participants. The author expresses the opinion that the relations of representation are not formed by any agency agreement, but only by an agency agreement related to assignment agreements. The article also notes the legal and technical disadvantages of the design of agency agreements – for example, the fact that their subject cannot be ordinary actions – the actions of agents can be either legal or transactions. The relations of the representative office with the foreign element are also the subject of the research conducted in this article. The right of the principal to subordinate the power of attorney to foreign law is criticized, which does not fully comply with the principle of the impossibility of imposing obligations on a third party – it turns out that the will of the principal, aimed at choosing the law, binds a third party who is not bound by the relevant legal relationship".
Compulsory civil liability insurance for vehicle owners (hereinafter referred to as CTP) is a common type of compulsory insurance. The CTP Law has been regulating the legal relations in question for 20 years. At the same time, the civil turnover is dynamic, which contributes to the emergence of issues that are not directly regulated at the level of the law. Currently, the number of cases has increased when victims conclude assignment agreements before first contacting the insurer, which leads to a complication in determining the appropriate form of insurance compensation. Assignees who are not owners of damaged vehicles (hereinafter referred to as CU) demand to collect insurance compensation without taking into account wear and tear, as well as to compensate for losses incurred as a result of non–organization of restoration repairs. The article will address the issue of the legality of claims by assignees who are not owners of damaged vehicles to recover insurance compensation without taking into account wear and tear, as well as losses, with a proposal to amend the current legislation. The above confirms the relevance of the study. The subject of the study is the norms of substantive law governing relations in the field of CTP, complicated by the assignment of the right of claim (assignment agreement). The scientific novelty of the study is to study the issue related to the rights of the assignee, who does not own the damaged vehicle, in relation to the insurer. This issue has not been properly investigated in the theoretical plane, and it began to gain relevance in practical jurisprudence relatively recently, which requires a theoretical and practical understanding of the issue under consideration. In the course of the research, both general scientific methods of cognition (analysis, synthesis, deduction and induction) and legal methods of cognition (formal dogmatic, comparative legal and method of legal interpretation) were used. According to the results of the study, it was concluded that the assignee, who is not the owner of the damaged vehicle, should not have the right to demand the recovery of additional insurance compensation without taking into account wear and tear, as well as other losses caused by the failure to organize restoration repairs, which is consistent with the nature of insurance, as well as with the objectives of regulating the CTP Law.
This article is a summary of the main changes in the bankruptcy legislation that entered into force on May 29, 2024, introduced by the Federal Law of May 29, 2024 No. 107-FZ "On Amendments to the Federal Law "On Insolvency (Bankruptcy)", to the Federal Law "On Insolvency (Bankruptcy)" dated October 26, 2002 No. 127-FZ. The author sees the purpose of the study in analyzing the changes made to bankruptcy procedures. Based on a comparative analysis of the current and previous versions, conclusions are made on how the changes made affected individual stages of insolvency (bankruptcy) cases. The author analyzed the current judicial practice, statistical data available at the moment. The subject of this study is Russian legislation regulating bankruptcy procedures, the status of persons participating in a bankruptcy case. When writing the article, general scientific and special methods of cognition were used. As a result of the conducted research, the author believes it is necessary to note that the changes introduced by the legislator to the Federal Law "On Insolvency (Bankruptcy)" dated 26.10.2002 No. 127-FZ, first of all, are dictated by the changes that have occurred in the economy, judicial practice in the consideration of individual disputes within the framework of bankruptcy procedures of legal entities. The author believes that as a result of the application of innovations, the burden on the courts will be reduced, and the rights of persons participating in the bankruptcy case will be ensured.
DIGITAL LAW AND INTELLECTUAL PROPERTY LAW
Currently, digitalization is being actively implemented in Russia in the field of public services, including notary activities. The subject of this article is the process of digitalization of notary activity. The author examines the concept of "electronic notary" and the main directions of its development, including the possibility of performing a number of notarial actions in a remote format, and also identifies the problems and risks of digitalization in notarial activities and further prospects for the use of digital technologies in the field of notarization. In addition, the author analyses the current notarial activity in Russia and the methods used by notaries to provide services in electronic format. This article discusses key aspects of introducing new technologies, such as electronic signatures and online notaries, which increase the availability and speed of public services for citizens and reduce the time needed to process documents on various legal issues. According to the results of the study, it is concluded that modern digital technologies in the modern period are an important tool for optimizing notary activities.
The purpose of the research is to study certain aspects of the use of artificial intelligence related to the creation of works and the protection of intellectual rights. The subject of the research is legal norms in the field of application of artificial intelligence technologies in the creation and protection of intellectual property results. The article analyzes the most common scientific positions reflecting approaches to the concept of artificial intelligence, determining the possibility of its legal personality, and the legality of using protected intellectual property results for the creation and training of artificial intelligence. It also evaluates the legal norms related to the creation of works using artificial intelligence, the establishment of a legal regime for works created using artificial intelligence, the protection of the intellectual rights of authors and the rights of citizens when using these technologies. General scientific methods of cognition such as dialectical, logical, as well as special methods such as comparative law, the method of system analysis, formal legal methods, etc. were used as the methodological basis of the research. The scientific novelty lies in the analysis of the presented doctrinal positions on the use of artificial intelligence in intellectual property law and the protection of intellectual rights. The result of the research is the specific legislative proposals presented by the author on changing legislation in this area of legal regulation.
The article is devoted to the analysis of legal mechanisms for counteracting destructive content on the Internet. Russian regulatory legal acts regulating restrictions on the dissemination of malicious information are considered, and a comparative analysis of international approaches to solving this problem is made. Thus, the Russian legal system demonstrates progressive development, forming a comprehensive mechanism for restricting citizens, especially minors, from harmful information. However, the absence of a legally enshrined definition of destructive content creates a legal gap. In addition, in the author's opinion, there is a need for systematization of legal regulation in this area and subsequent codification. Despite the existing diversity of regulation (from liberal (USA) to rigid (European Union), there is a common tendency to strive to counteract destructive content as one of the key threats of the digital era. In light of the transboundary nature of such threats, the initiative to create an international organization that would coordinate efforts to counter destructive content seems relevant. One of the tasks of such an organization could be the formation and maintenance of a unified international registry, the use of which would make it possible to effectively restrict access to destructive content on the territories of participating countries.
The modern development of industry, the digital and creative economy as a whole is almost impossible without the development of the legal institute of intellectual property, which objectively requires legal protection in a multipolar environment, which is especially important due to the rather sharp increase in counterfeit products on the world market, the need to legalize parallel imports due to the adverse effects of sanctions and counter-sanctions at the national level industrially developed countries of the world, including the Russian Federation. Among other things, the paper presents the main criteria for innovation and creativity, which serve as the basis of an entrepreneurial strategy, which in turn are intellectual property, which also requires their proper protection and reliable provision of fair remuneration for the use of copyright and related rights. Logical, comparative, empirical, descriptive and others were used as the main methods of cognition during the research. In the course of the research, it was revealed, in particular, that to date, inventions obtained as a result of the work of human thought in the framework of intellectual property protection have rather strict limitations between the development of technology as part of previous innovations, which is often used as an excuse for the digital industry primarily on the grounds that its products are the result of modernization. and the development of existing intellectual property, This, in turn, requires an analysis of the legal support for the activities of intellectual property attorneys, whose appearance is planned in the foreseeable future. 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 improve the legal regulation of the existing system of international patent registration in accordance with the procedures regulated by the rules of the Patent Cooperation Treaty (PCT) were outlined, through the subsequent introduction of priority rights, which will improve the novelty of the patent and provide more reliable protection for inventors.
The article analyzes the categorical and conceptual features of foreign economic, foreign trade and customs activities, provides the specifics of defining such fundamentally important definitions as: foreign economic activity, foreign trade activity, import and export, import into the customs territory of the Eurasian Economic Union and the Russian Federation and export from the customs territory of the Eurasian Economic Union and the Russian Federation, goods – general characteristics, content and essential features are formulated for them. The issue of control activities of customs authorities when moving goods across the customs border of the Eurasian Economic Union and across the state border of the Russian Federation was raised. The emphasis is placed on the movement of such types of goods as currency and securities (monetary instruments). The rules of customs declaration of these objects when moving across the customs border of the Eurasian Economic Union are described.
In the article, the authors raise questions about the specifics of the qualification of acts of unfair competition, their differentiation from other similar violations. Similar patterns of violations can be found in the legislation on advertising and in the field of trade. The authors emphasize the importance and complexity of qualifying acts of unfair competition, which is associated with the use of a number of evaluative concepts such as integrity, reasonableness and fairness. The article analyzes a number of cases considered by arbitration courts and departments of the Federal Antimonopoly Service, initiated due to the withdrawal of clients from one company to another. Being unnamed at a special regulatory level, companies face the lack of an effective compensation mechanism for losses, which often arises due to the difficulty of establishing a cause-and-effect relationship, as well as the disinterest of customers to engage in litigation between business entities. As a result, even administratively confirmed acts of unfair competition do not always become the basis for recovery of losses, as well as for compensation for damage to business reputation. The authors conclude that it is necessary to reform the issue of liability for unfair competition, as well as to create effective mechanisms to protect against such manifestations.
In the presented article, the subject of research is state (municipal) procurement and the system of monitoring compliance with legal requirements. The research methods used are analysis, synthesis, comparative law and the method of legal modeling. The problems of monitoring state and municipal procurement are relevant and are considered in the works of modern scientific research, but the scientific novelty of the analysis undertaken is to establish the link between control and supervisory measures and their legal consequences in the form of the possibility of applying legal liability measures. The authors conclude that the evaluation of bidders' bids is not within the competence of the regulatory authorities. The procedural aspects of procurement have changed: the requirements for developing justifications for the initial maximum contract price, as well as for determining the objects of procurement, have lost their relevance. Now the emphasis is on strategic planning in the form of a schedule plan. Special attention is paid to issues that are not directly related to planning, but are critically important for the legality of procurement. Despite the lack of clear formalized obligations, the issues of the correctness of the NMCC justification remain important, and violation of the established rules can lead to administrative sanctions.
The phenomenon of actual entry into inheritance rights has long occupied a stable position in the system of inheritance regulation of the Russian Federation. In the presence of the statutory procedure based on the submission of the relevant will to the notary, in practice it is the informalized entry into inheritance that retains its leading role. The problems of this study are caused by the lack of unambiguous criteria that allow the law enforcer to accurately qualify the actions of the heir as evidence of his intention to accept the inheritance. The scattered judicial approaches, the uncertainty of categories, as well as the difficulty in collecting and evaluating evidence in these disputes indicate the need for a clearer theoretical and practical understanding of this institution. The object of consideration is the social relations formed in the process of transfer of inherited property. As a subject we have chosen the norms of civil law regulating the mechanisms of acceptance of inheritance, as well as judicial acts, which formulate legal positions on the issue of proving the actual acceptance. The study relies on a combination of legal-dogmatic, logical-analytical and comparative legal methods, supplemented by interpretation of court decisions and evaluation of legal positions. It also raises the issue of unification of judicial practice through the publication of the Resolution of the Plenum of the Supreme Court of the Russian Federation and updating of the Review of Judicial Practice. The study analyzes the proposals of leading scientists such as E.A. Sukhanov and M.Y. Barshchevsky, who emphasize the importance of legislative consolidation of the presumption of acceptance of inheritance and the development of a flexible model for the recognition of actual acceptance. An important element of the work is also the reliance on judicial acts of the Supreme Court of the Russian Federation, which play a key role in ensuring legal certainty. In the study, the author substantiated the need for legislative enshrinement of the presumption of actual acceptance of inheritance, based on the behavior of the heir, indicating the intention to enter into inheritance legal relations (possession, disposal, incurring expenses, payment of taxes, etc.) in the absence of objections from other persons. A systematized list of legally significant actions that allow to establish the fact of acceptance of inheritance without going to a notary is proposed. The list has an open character and is oriented to the needs of law enforcement practice. The expediency of clarifying the legal positions of the Plenum of the Supreme Court of the Russian Federation, aimed at a uniform assessment of the actual behavior of heirs in the absence of formal will. Based on the analysis of foreign experience (France, Germany, USA) the model of borrowing the presumption approach adapted to Russian realities with preservation of flexibility of legal assessment is proposed.
The article analyzes the provisions of the document "The BRT Standard", which contain the definition and classification criteria for rapid bus transport systems. It seems important to analyze the provisions of this document in order to develop proposals for the creation of a new regulatory legal act, as well as to amend current legislation in order to increase the effectiveness of regulating the requirements for equipping the infrastructure of high-speed bus and trolleybus transport corridors in the Russian Federation. The development of high-speed bus and trolleybus transport in the cities of the Russian Federation can provide the population with more predictable and spacious public transport with greater carrying capacity, as well as increase the capacity of the road network, increase the average route speed of public transport. Technological solutions used in the construction and operation of high-speed bus and trolleybus 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 high-speed bus and trolleybus transport in the Russian Federation, it is necessary to introduce multiple changes in the conceptual framework, as well as consolidate its basic technical and infrastructural characteristics of its corridors. It is necessary to provide a legal definition of "high-speed bus transport", as well as expand the list of technical and operational characteristics. Direct borrowing of the conceptual framework and evaluation criteria from The BRT Standard document seems difficult, since the functional meaning of the document is non-legal and generates some uncertainties and assumptions, however, borrowing criteria with adaptation and expansion of the conceptual framework for the most complete and accurate legal regulation will allow using the above standard as the basis for legal regulation of high-speed bus transport in the Russian Federation.
The subject of this scientific research is the problems of formation of uniform judicial practice on cross-border bankruptcy of legal entities. The author considers the special role of the Supreme Court of the Russian Federation in this area, analyzes the most relevant judicial decisions of the highest judicial authority, writes not only about the positive nature of such decisions, but also about their problematic nature. Ultimately, the author notes that the main obstacle to the formation of uniform judicial practice is the lack of specialized legal regulation, although the necessary prerequisites for this have long been created in Russian legal practice. The methodology of the study includes such methods of theoretical level of scientific knowledge as formal-legal, comparative-legal, analytical, dialectical, historical, as well as some others. Scientific novelty lies in the formation by the author of a comprehensive scientific study on the stated topic with an overview of legal regulation and judicial practice, analysis of problematic issues. In conclusion of this scientific article, the author also briefly formulates some key problematic points that need to be addressed in order to achieve potential unity and consistency of judicial practice on issues of cross-border bankruptcy of legal entities in modern Russia.
INTERNATIONAL LAW AND COMPARATIVE LAW
The Russian Federation is concentrating its efforts on strengthening its economic sovereignty and increasing the country's attractiveness for foreign business. In August 2020, the Russian Federation began to adjust the agreements on the avoidance of double taxation concluded with foreign states. The change in tax agreements is related to the legal institution of redomiciliation of foreign companies to Russian jurisdiction (to special administrative regions on the Oktyabrsky and Russky Islands). The new provisions of the agreements on the avoidance of double taxation, together with the redomiciliation procedure, as well as the previously created mechanism for voluntary declaration of accounts and assets, have the potential to take the fight against offshorization of the domestic economy to a new level. Until now, the Russian financial and legal doctrine and legislation have not sufficiently accepted the new institution – redomiciliation and have not developed sufficient mechanisms of legal regulation. The paper examines the concept of an international company and the sources of its legal regulation, the specifics of creating and liquidating an international company in accordance with Russian law, defining the personal law of a company, as well as issues of liability of an international company for its obligations. An assessment of the fiscal, tax and political situation in the country is made. The systemic problems of redomiciliation are identified, consisting, in particular, in the limited scope of application of this procedure, and ways to solve them are proposed. As a result, the need for an integrated approach to improving the redomiciliation procedure in order to obtain a positive economic effect is stated. It has been established that the current procedure for determining the minimum amount of mandatory investments hinders the expansion of the practice of redomiciliation of foreign organizations to the Russian jurisdiction: the lack of differentiation of the amount of investments leads to a disproportion (inequality) of their legal status. As a result, the redomiciliation procedure in the Russian Federation looks more attractive for larger companies than for smaller ones (which reduces the interest of the latter in using it). A number of conclusions have been made on improving Russian legislation in the field of redomiciliation.
The article examines the prevailing approaches to the definition of public-private partnership (PPP) in foreign countries and the Russian Federation, the main essence of this institution in various legal systems. The purpose of this article is a comparative legal analysis of the key features, trends and opportunities for improving this form of interaction between government and business, based on the research conducted by the author. The subject of the article includes legal, economic and organizational models of PPPs, their implementation in various sectors of the economy, as well as a comparative assessment of effectiveness in the Russian and international context. The research methods used are comparative legal analysis of the legislation of Russia, Europe, Asia and North America, as well as a review of the reports of some international intergovernmental organizations. Special attention is paid to expert assessment and review of scientific publications, which allowed us to identify common and specific features of PPP models. Having studied the doctrinal approaches to defining the essence of PPP, the features and specific features of this modern legal institution and instrument, the author proposed his definition of public-private partnership, which focuses more on the use and implementation of modern technologies, which is designed to improve the quality of life of society.
The subject of the research in the article is the analysis and evaluation of regulatory legal acts that form the basis of international cooperation in the field of space exploration and the implementation of applied space projects of the Russian Federation with the participation of China, between which, since 2001, active work has been underway to implement the agreement on the joint exploration and use of outer space for peaceful purposes. The main research methods are historical analysis, event analysis, and content analysis of key bilateral treaties and agreements between Russia and China, whose cooperation in the space field is based on intergovernmental and interdepartmental agreements. In order to refute the forecasts of Western experts about the imminent "collapse" of the Russian economy, the authors focus on the fact that the Russian Federation uses radical mechanisms of international legal and economic cooperation – counter-sanctions in the field of space activities to protect state sovereignty and preserve Russia's position as an influential economic power with developed scientific, technological and aerospace potential. It is concluded that in the current geopolitical situation, cooperation between Russia and China in the field of space exploration is promising in terms of accelerating the pace of space exploration.
In this article the author examines the features of Antarctic cruises and the problems of their settlement using the example of the incident with the cruise ship SH Diana, which occurred in 2024, when on the 14th day of the cruise it was announced that there were malfunctions and a change in the route for repairs. Tourists from Russia and China, not agreeing with the proposed compensation option, went on a hunger strike. The author analyzes the dispute resolution strategies chosen by the parties to the conflict. The study uses a method such as comparative analysis: it compares cases of conflicts between cruise ship passengers and cruise companies, as well as cruise companies' approaches to dispute resolution. The necessity of making a decision on the strategy of behavior in conflict on a cruise ship is substantiated, taking into account the specifics of the trip and the cruise company's belonging to an unfriendly jurisdiction. The features of Antarctic cruises, which determine the interest of tourists and the high cost of travel, are also considered.
The article is devoted to the problem of distinguishing public and private law, as well as criteria for dividing law into branches. The author suggests following the approach of separation of law and the so-called "positive law" – legislation. The article also substantiates the importance of private law for interstate integration. The peculiarity of the modern role of the state is that it has overcome the "pendulum" movement from maximum distancing from private affairs to a high level of nationalization of the economy. A kind of diffusion of the state and a legal entity is taking place – the former is increasingly involved in entrepreneurial activities, while the latter are gaining state authority. At the same time, sovereign States have jurisdictional immunity from prosecution, from enforcement of claims against them, and from the enforcement of a court decision that has entered into force against them, as well as protection from nationalization of their property, which private individuals do not have. The institution of compulsory termination by the state of a private person's property right makes it possible to understand the importance of private law for interstate integration. On the one hand, nationalization of state property is impossible, but on the other hand, if the state transfers property to a legal entity it has established, the property loses protection.
This scientific article examines the relationship between such elements as the political regime of a state and the implementation of international legal norms. It is based primarily on the analysis of different types of political regimes, their institutional characteristics and practices of interaction with international legal obligations. Particular attention is paid to the mechanisms of adaptation of the above-mentioned principles depending on the level of democratisation, authoritarianisation and hybrid (ascending from the previously named) political regimes. The study intends to confirm the initial hypothesis that it is the system of public administration that has a direct impact on the speed, completeness, efficiency of implementation and enforcement of legal norms of the international community into national legal systems. Also, a comparative analysis of the regimes of power models
is conducted, identifying significant differences in the mechanisms of recognition and implementation of the legal burden arising from international agreements. In addition, to illustrate the topic in more detail, examples from the practice of inter-national organisations (such as the United Nations, the Council of Europe, etc.) and analyses how the norms are applied in different political situations are examined, and statistics from independent research centres are provided. The results show that democratic regimes tend to be oriented towards full and transparent implementation of international commitments. Whereas autocracies and hybrid states tend to be selective and strategic in their approach. As a result, the research highlights the importance of taking into account political factors for the development and implementation of international norms, as well as the need to adapt implementation mechanisms to different political regimes.
The study is devoted to the analysis of the legal foundations of budget classification in the context of the financial activities of the customs authorities of the Russian Federation, with particular focus on the Central Customs Administration. The author proposes a novel definition of budget classification as a methodological systematization of revenues, expenditures, and sources of financing budget deficits. It has been established that the current system of budget resource management encounters significant challenges, including the misalignment of classifiers with departmental objectives, errors in expenditure coding, as well as technical and personnel deficiencies. The frequent changes in code structures, the absence of classifiers adapted to the specifics of customs operations, and the excessive workload on customs officials create risks of improper fund allocation, thereby undermining the transparency and efficiency of the budget process. As a result of the research, the necessity of implementing digital platforms for automated accounting, strengthening internal control, and developing specialized methodological guidelines for customs authorities is substantiated. The study concludes that improving the regulatory framework, enhancing staff training, and aligning budget classification with the operational needs of the Central Customs Administration will contribute to the optimization of public financial management and ensure compliance with the principles of legal certainty, transparency, effectiveness, and improved quality in the execution of expenditure powers amid ongoing legal and institutional reforms.
SPORTS LAW
It is impossible to imagine modern football without transfers of football players. The rights to football players are a valuable asset, and the cost of transfers sometimes amounts to tens or even hundreds of millions of euros. It is not surprising that unfair practices are being implemented in this area in order to circumvent the rules of the International Football Federation (FIFA) or national legislation, one of which is the so-called "bridge transfer" of a professional football player. The essence of the transit transition is to use an intermediate club ("bridge"), the registration of a football player in which is not justified for sporting reasons and is most often aimed at obtaining illegal benefits by participants in the chain of these transactions. Until 2020, the problem of transit crossings was not normalized in the FIFA regulations. However, the CAS practice developed criteria for this phenomenon, and specific decisions protected the rights of clubs that participated in the training of a football player, but were formally deprived of the right to receive compensation under FIFA rules due to the use of a scheme involving an intermediate club. In 2020, the ban on transit crossings was directly regulated by FIFA. Consequently, today, sports sanctions can be applied to participants in the transit (both to clubs and to the player) in accordance with the FIFA Disciplinary Code. At the same time, if an intermediate club was used to circumvent the rules on compensation for training, the relevant club has the right to apply to the FIFA Dispute Resolution Chamber with reference to a violation of the transit ban.
The review analyzes the fundamental research of Professor H. D. Alikperov "Interbeing as a source of generation of criminal motivation", published in 2025 in the St. Petersburg publishing house "Law Center". The methodological foundations of the work are an interdisciplinary approach synthesizing the provisions of philosophical, sociological, cognitive-psychological, neurobiological, criminological theories, as well as a method of ascending from the abstract to the concrete and the laws and categories of dialectical logic. The author's concept is a philosophical theory (ontology), epistemology and axiology about the causes and determinants of criminal and delinquent behavior. The work provides a comprehensive analysis of the features of the process of the emergence and development of criminal motivation under the influence of destructive ideas (obsession) or obsessive actions (compulsion) or their symbiosis inside the human psyche against his/her will, due to genetically determined aggressive mental factors. The system presented in the monograph and built at the intersection of philosophy and criminology can be considered as a fundamentally new direction in criminology, emerging from the philosophy of consciousness and sociology of criminal law, legal anthropology and criminology, neurobiology and psychiatry, as well as clinical psychology.