Gaps in Russian Legislation
type: channel
description: ISSN (print): 2072-3164, ISSN (online): 2310-7049 Founder: Publishing house "Yur-VAK" Editor-in-Chief: Abashidze Aslan Huseinovich - Dr. legal sciences, professor Frequency / Access: 8 issues per year / Subscription Included in: Higher Attestation Commission List, RISC
publisher: YUR-VAK
language: ru-RU
publication name: Gaps in Russian Legislation
issn: 2072-3164
items: Mass riots (Article 212 of the criminal code of the Russian Federation) as an object of scientific research
items: Features of the initial stage of investigation of robberies and armed assaults
items: Representation in criminal proceedings: controversial issues
items: Protection of individual rights in the field of biomedicine
items: Entities combating extremist activity: some legal and organizational aspects
items: Prosecutor's supervision of the legality and reasonableness of accusation as a guarantee of the justice of the court's verdict
items: Problems of ensuring the safety of citizens participating in operational-search activities
items: Law enforcement mechanisms in the implementation of preventive measures in criminal proceedings
items: On punishment for crimes in the sphere of economic activity
items: Problems of preliminary judicial review of investigative actions in relation to certain categories of persons specified in article 447 of the Criminal Procedure Code of the Russian Federation
items: Crimes in the sphere of illegal circulation of industrial products
items: A system of means for resolving problem-search investigative situations
items: Classification of organizational and management investigative situations in crime investigation
items: Features of the investigation of abuse of official authority in the field of procurement of goods (works, services) for state and municipal needs
items: On the problems of conducting research work in higher legal educational institutions
items: Political investigation and secret order during the Reign of Alexei Mikhailovich
items: Measures to prevent administrative offenses in the field of road safety
items: On the convergence of private and public law in the context of the decision of the Constitutional Court of October 31, 2024 No. 49-P
items: Professor M.M. Fedorov: "Development of higher legal education and legal science in Yakutia is the goal of my life!"
items: Supervision and interaction of the prosecutor's office and Rostekhnadzor: industrial safety and pressure on business
items: Features of digital sovereignty: an international legal approach
items: Manufacturer, operator or owner: distribution of legal liability in the operation of unmanned vehicles
items: Artificial intelligence in the judicial system: international experience, legal risks and limits of admissibility in Russia
items: Subject matter of the professional football player transfer agreement
items: Issues of the legislative definition of the legal capacity of regional sports federations
items: About the problem of understanding of international law by the current political leadership of Great Britain

Mass riots (Article 212 of the criminal code of the Russian Federation) as an object of scientific research
type: item
description: This article discusses the problem of using methodological tools in conducting scientific research in the field of legal sciences. Using the example of dissertation research on Article 212 of the Criminal Code of the Russian Federation "Mass Riots", the article highlights the violations in the application of methodological tools.
creator: Alexander P. Kuznetsov
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 11
ending page: 18
doi: 10.33693/2072-3164-2025-18-6-11-18

Features of the initial stage of investigation of robberies and armed assaults
type: item
description: The purpose of this study is to examine the characteristics of the initial stage of robbery and armed robbery investigations. This article explores the specifics of this initial stage of robbery and armed robbery investigations. The importance of this stage is justified by the subsequent effectiveness of the investigation. The investigator or inquiry officer must properly structure the initial stage of the investigation to obtain all available evidence that will be used in court. Conclusions. The study identified the most important methods of investigating robberies and armed robberies that should be used by investigators. Among the proposals is the need to expand the competence of investigators by using digital technologies in forensics, computer modeling.
creator: Anatoly M. Kustov
creator: Damir I. Khutaba
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 19
ending page: 24
doi: 10.33693/2072-3164-2025-18-6-19-24

Representation in criminal proceedings: controversial issues
type: item
description: The issues of representation in criminal proceedings are still debatable. As noted in the paper, this is due to the weak legislative regulation of this institution in the criminal process. In particular, the procedure for involving a representative in a case is poorly regulated, and the category of persons who can be representatives is not defined. Among the proposals is the need to make appropriate changes to the norms of current legislation.
creator: Nonna Y. Volosova
creator: Olga D. Pronkina
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 25
ending page: 29
doi: 10.33693/2072-3164-2025-18-6-25-29

Protection of individual rights in the field of biomedicine
type: item
description: High-quality medical services based on biotechnologies are very needed in Russia and thus are keeping growing from year to year. The developments of medical biotechnologies offer an in-depths studies of disease mechanisms, allow to produce new medical equipment and tools, and medicines. Thereby both diagnosis and treatment are becoming more and more effective. The article examines the issues of legal regulation and legal protection of individual rights using biotechnologies. Attention is paid to ensuring quality control of services resulting from the widespread introduction of the results of biotechnologies into civil circulation, to the responsibility for the inadequate quality of services rendered, as well as to the protection of individual rights when using biotechnologies. Today, there is a clear lack of scientific researches on issues of legislative regulation of using achievements and, respectively, as well as of countering abuses in the field of biomedicine and of protecting human rights. So, it seems important to conduct theoretical and practical researches concerning means of the protection of human rights in the process of making use of biomedicine. The purpose of the paper is to identify potential negative consequences for individuals in the field of biotechnologies, and to develop proposals aimed at preventing and reducing them. This paper concludes that modern technologies in medicine could threat the human rights. Legal and criminalistic aspects of protecting safety while making use of biomedical achievements are presented below. The article founds a need for a criminal law response to crimes in the field of biomedicine and for innovated approaches to oppose them.
creator: Nadezda V. Kruchinina
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 30
ending page: 35
doi: 10.33693/2072-3164-2025-18-6-30-35

Entities combating extremist activity: some legal and organizational aspects
type: item
description: In the context of globalization, digitalization, and the rapid spread of information, the issue of countering extremism requires prompt response to instances of extremism and immediate measures to prevent their spread. This process involves both public authorities and civil society, each playing a unique role in developing a comprehensive strategy to address this issue.
creator: Anna N. Kameneva
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 36
ending page: 41
doi: 10.33693/2072-3164-2025-18-6-36-41

Prosecutor's supervision of the legality and reasonableness of accusation as a guarantee of the justice of the court's verdict
type: item
description: Legality. Reasonableness and fairness are prerequisites, to which the verdict of the court in the criminal case must correspond. Otherwise, it is subject to cancellation or, at least, amendment by the courts of appeal and cassation instances in connection with significant violations of criminal or criminal procedure laws. At the same time, a sentence is considered unfair if the convicted person is sentenced, although it does not exceed the scope of the sanction of the relevant article of the Criminal Code of the Russian Federation, but it is either excessively harsh, or excessively soft. To a certain extent, the court's passing of a fair verdict depends on the position of the prosecutor, the public prosecutor, who presents evidence to the court that incriminates the defendant in the judicial investigation and analyzes them in court debates. However, it cannot be denied, that the legal and factual basis of a fair sentence is formed even in pre-trial proceedings, provided that the investigator ensures comprehensiveness, the completeness and objectivity of the investigation of the circumstances of the crime under investigation, the legality and validity of the charges against the person. This should be facilitated by the appropriate level of organization and implementation of prosecutorial supervision at this stage of the criminal process. The prosecutor's assessment of the legality and validity of the indictment is one of the most important stages in the prosecutor's supervision of pre-trial proceedings. This assessment is performed twice: 1) upon receipt of a copy of the relevant indictment; and 2) upon examination of the criminal case submitted with the indictment. However, in the first case, prosecutors often merely acknowledge the fact of the indictment without fully reviewing the materials of the criminal case that contain evidence of the accused's alleged crime. When examining cases with indictments, this work is carried out more fully by prosecutors, but they s…
creator: Vyacheslav N. Isaenko
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 42
ending page: 49
doi: 10.33693/2072-3164-2025-18-6-42-49

Problems of ensuring the safety of citizens participating in operational-search activities
type: item
description: This article examines the security of citizens participating in operational investigative activities. The law on operational investigative activities stipulates that, in order to ensure the safety of citizens cooperating with agencies conducting operational investigative activities and their family members, special protective measures may be implemented in accordance with the procedure established by legislative and other regulatory legal acts of Russia. Protecting citizens from post-criminal influence is a highly relevant task during operational investigative activities, which, like criminal procedural ones, are driven by the need to combat crime and, along with criminal proceedings, are aimed at achieving the ultimate goal of administering justice. The purpose of this study is to define a system of foundations and principles, where one of the prerequisites for the effective protection of confidential information is its legal regulation. The principles of this activity include secrecy, a combination of overt and covert methods and means, with particular attention paid to the principle of secrecy. Its essence lies in the implementation of operational investigative activities in a manner that keeps the tactics, content, forms, methods, forces, and means of conducting specific operational investigative activities and operations secret from outsiders (primarily from those committing crimes). Based on their research, the authors conclude that Russian legislation regulating operational search activities contains the necessary provisions to guarantee the safety of its participants. A significant portion of the security measures stipulated in the Law on Operational Search Activities is distinguished by the fact that, as demonstrated, they are not defined as separate, independent provisions. This is because ensuring the safety of individuals cooperating with operational search agencies is an integral part of various operational search activities, and therefore security meas…
creator: Ivan P. Kravets
creator: Igor O. Zhuk
creator: Natalya S. Bazanova
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 50
ending page: 58
doi: 10.33693/2072-3164-2025-18-6-50-58

Law enforcement mechanisms in the implementation of preventive measures in criminal proceedings
type: item
description: This article is devoted to the analysis of law enforcement mechanisms in the implementation of preventive measures in domestic criminal proceedings. The reasons for the continuous improvement of the regulatory segments of legal support related to the choice of preventive measures, their modification or cancellation are analyzed. The authors conduct a critical analysis of the key contradiction inherent in the institution of preventive measures in the criminal process: conflicts between the need to ensure the effectiveness of judicial proceedings and the duty of the State to guarantee the inviolability of individual rights and freedoms. The authors not only state this contradiction, but also identify its specific manifestations in modern law enforcement practice. The paper proves that, despite the obvious progress in the field of judicially sanctioned measures (a decrease in the number of arrests), a serious imbalance remains in pre-trial proceedings. The main problem is the "legal vacuum" that forms around preventive measures that are chosen without a court decision. The example of a written undertaking demonstrates how the lack of clear legislative criteria and effective follow-up control leads to its transformation into a fiction applied by default. The study highlights that this practice not only violates the rights of the accused, but also strategically undermines the legitimacy of the entire justice system, devaluing the victim's restorative rights. As a way out, the author suggests a set of measures aimed at legislatively "tightly linking" the use of any preventive measure with the establishment of an individual, rather than a hypothetical procedural necessity.
creator: Yuri V. Shelegov
creator: Daria A. Kuznetsova
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 59
ending page: 66
doi: 10.33693/2072-3164-2025-18-6-59-66

On punishment for crimes in the sphere of economic activity
type: item
description: This article examines the improvement of the penal system for economic crimes, evaluates it, and proposes measures to improve this area of criminal law policy. The purpose of this publication is to analyze the current penal system for economic crimes and, based on this, develop proposals for its improvement. Conclusions of the study. This article formulates conclusions for improving the penal system for those convicted of economic crimes, as well as recommendations for the application of specific types of punishment to these individuals. Scientific significance of the publication. This article provides a comprehensive analysis of the system of penalties applied to individuals who have committed economic crimes. It reassesses the application of non-custodial penalties to individuals convicted of these offenses. Practical significance of the publication. The material presented in this publication facilitates a deeper understanding of the penalties applied to individuals who have committed such crimes. Recommendations for the application of specific types of penalties facilitate the courts' efforts to impose penalties for the analyzed crimes and the official work of Federal Penitentiary Service (FSIN) employees in enforcing penalties against individuals convicted of economic crimes.
creator: Victoria V. Borovikova
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 67
ending page: 72
doi: 10.33693/2072-3164-2025-18-6-67-72

Problems of preliminary judicial review of investigative actions in relation to certain categories of persons specified in article 447 of the Criminal Procedure Code of the Russian Federation
type: item
description: Purpose of the study. Judicial review plays an important role as a guarantor of the constitutional rights of the individual, ensuring the independence and immunity of persons performing socially significant functions (judges, lawyers, deputies, etc.). The effective functioning of the judicial review mechanism requires improving the norms of Russian criminal procedure legislation, which, in terms of regulating the powers of participants in judicial review proceedings in accordance with Article 165 and Chapter 52 of the Criminal Procedure Code of the Russian Federation, do not meet the requirements of legal certainty and consistency. The article examines a number of current issues in this area and suggests areas for improving the legislation. Conclusions. The authors propose supplementing Part 5 of Article 450 of the Criminal Procedure Code of the Russian Federation lists the entities who will be authorized to approve the filing of motions with the court for investigative actions, for example, in relation to a lawyer, district or city prosecutor, the head of the investigative body of the Investigative Committee of the Russian Federation for the district or city, a deputy of an elected local government body—the head of the investigative body of the Investigative Committee for a constituent entity of the Russian Federation; in relation to judges—the Chairman of the Investigative Committee of the Russian Federation, etc., in order to ensure a uniform interpretation and application of guarantees of their independence when initiating a criminal case, bringing in as an accused, and carrying out investigative actions that restrict a person's constitutional rights. The paper analyzes the problems of resolving conflicts between the provisions of Art. 448, Part 5 of Art. 450 of the Criminal Procedure Code of the Russian Federation and paragraph 7 of Art. 16 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 "On the Status of Judges in the Russian Federation" and t…
creator: Andrey G. Smolin
creator: Aleksandr V. Shigurov
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 73
ending page: 78
doi: 10.33693/2072-3164-2025-18-6-73-78

Crimes in the sphere of illegal circulation of industrial products
type: item
description: This article examines criminal liability for the illegal circulation of industrial products in the Russian Federation. This article examines the circulation of counterfeit and adulterated goods (industrial products) as the basis for this negative socio-legal phenomenon. Criminal law provisions pertaining to criminally punishable acts that form the basis of the illegal circulation of industrial products are analyzed. The elements of the corresponding offenses are identified, allowing specific articles of the Special Part of the Criminal Code of the Russian Federation to be classified as crimes related to the circulation of counterfeit and adulterated industrial products. The article also identifies criminal law characteristics that allow specific articles within this group of offenses to be classified as organized crime. A number of conclusions are drawn regarding the state of protection of public relations from the threat of counterfeit and adulterated goods through criminal law. Proposals are formulated to improve policy in combating the illegal circulation of industrial products. This work is aimed at legislators and law enforcement officers in the field of criminal justice, as well as undergraduate and graduate students and faculty members of law schools studying criminal law, criminology, and public administration in the field of security.
creator: Yury G. Vasin
creator: Baysolt B. Khamzatov
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 79
ending page: 84
doi: 10.33693/2072-3164-2025-18-6-79-84

A system of means for resolving problem-search investigative situations
type: item
description: Purpose of the Study. This article examines a system of tools for resolving problematic investigative situations in forensic science that arise in the context of information uncertainty during crime investigations. The purpose of the study is to analyze existing classifications of tools (forensic, criminal law, procedural, operational-search, and others), propose a unified classification, and develop recommendations for their integrated application in investigative practice. Based on an analysis of scientific literature and forensic practice, the author concludes that an integrated approach to the use of tools, including tactical-forensic (analytical and operational), scientific-technical, and information-analytical tools, is necessary to optimize investigations. A transition to modular training for investigators and the creation of digital platforms for expert support is proposed, which will improve the efficiency of situation resolution and minimize information uncertainty. The conclusions emphasize that the integrated application of tools ensures adaptation to changing conditions and facilitates the establishment of the truth in criminal proceedings.
creator: Yulia A. Radeeva
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 85
ending page: 95
doi: 10.33693/2072-3164-2025-18-6-85-95

Classification of organizational and management investigative situations in crime investigation
type: item
description: Purpose of the study. The article is devoted to the classification of organizational and managerial investigative situations in the preliminary investigation of crimes. Based on the analysis of a number of forensic theories, a division of these situations into ordered and disordered based on organizational and managerial uncertainty is proposed. Ordered situations are characterized by the absence of structural and functional problems and focus on the procedural recording of facts. Disordered situations are formed under the influence of practical ambiguities, administrative barriers and limitations in available means, which prompts the investigator to search for ways to improve process coordination. The principles of classification, the impact of uncertainty on the investigation process and ways to overcome it are discussed. The article emphasizes the importance of situation recognition for the effective implementation of criminal proceedings. The aim of the study is to develop a classification of organizational and managerial investigative situations of preliminary investigation of crimes based on a situational approach, taking into account the principles of forensic classification, in order to optimize the organizational and managerial function of the investigator aimed at obtaining forensically significant information and fulfilling the purpose of criminal proceedings. Conclusions. Based on an analysis of forensic classifications and principles for dividing concepts, it is proposed to classify organizational and managerial investigative situations based on organizational and managerial uncertainty into two types: structured and disordered. Structured situations represent an ideal investigative environment, where structural and functional problems are absent, and the process is reduced to the procedural recording of the circumstances of the crime. Disordered situations are characterized by administrative obstacles, practical ambiguities, and a lack of real or perso…
creator: Zhanneta V. Tokueva
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 96
ending page: 101
doi: 10.33693/2072-3164-2025-18-6-96-101

Features of the investigation of abuse of official authority in the field of procurement of goods (works, services) for state and municipal needs
type: item
description: The article analyzes the criminal law aspects and criminalistic features of the investigation of abuse of official authority by officials committed during the organization and conduct of state and municipal procurement. Based on the analysis of the norms of criminal, budgetary and contractual legislation, as well as judicial practice, approaches to determining the effectiveness of procurement activities are formulated as one of the criteria for assessing the presence of socially dangerous consequences of the criminal encroachment in question. The necessity of special knowledge in the field of economics and financial control in the investigation of cases of this category is substantiated. The problems of law enforcement related to the evaluative concepts of "interests of the service", "significant violation" and "grave consequences" are identified. For the methodological guidance of the investigation, a study of the signs of the criminalistic characteristics of the corpus delicti provided for in Article 285 of the Criminal Code of the Russian Federation in relation to the field of procurement is proposed. The necessity of evaluating the effectiveness and efficiency of procurement, the role of financial control bodies and the chief administrator of budgetary funds at the initial stage of the investigation of a criminal case, as well as during the verification of a crime report, is substantiated.
creator: Anatoly R. Zheleznyak
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 102
ending page: 111
doi: 10.33693/2072-3164-2025-18-6-102-111

On the problems of conducting research work in higher legal educational institutions
type: item
description: This article examines issues related to the organization of research work at law schools in the Russian Federation. It analyzes this activity in the current context and formulates conclusions and proposals for improving this aspect of the institutions' work. The purpose of this publication is to analyze the current state of research work at law schools in the Russian Federation and to develop proposals for its improvement. Conclusions of the study. The article formulates conclusions regarding the current state of research organization at various universities across the country. Positive experiences in this area of activity at individual universities are presented, along with proposals for their application and improvement in the real-life context of Russian education. Scientific significance of the publication. The article provides a comprehensive analysis of the organization of research at several law schools in the Russian Federation. It evaluates methods of organizing research, such as conducting it in specialized research departments at universities. The most promising forms of improvement are proposed, taking into account other university operating circumstances, including the interaction of research with the educational and methodological work carried out at law schools. Practical significance of the publication. The materials, conclusions, and proposals contained in the article can be used in various areas of research in departments and other divisions of law schools.
creator: Valery B. Borovikov
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 112
ending page: 117
doi: 10.33693/2072-3164-2025-18-6-112-117

Political investigation and secret order during the Reign of Alexei Mikhailovich
type: item
description: The purpose of this article is to explore issues related to political sleuthing in the Moscow state in the 17th century. Based on a number of sources, the activities of the first body of the political police in Russia, the Secret Order (the Order of Secret Affairs), are analyzed. The object of the study is the state policy during the reign of Alexei Mikhailovich in terms of ensuring state security and combating state crimes. The subject of the study is regulatory legal acts related to the detection, suppression, investigation of state crimes in the specified era, as well as other sources related to the establishment and functioning of the Secret Order. Within the framework of the research methodology using historical-legal, comparative-legal and comparative-historical methods, the analysis of the activities of the Secret Order in the period 1656-1676 was carried out. The reasons for the creation of the Secret Order are indicated, the structure of this state body, its functions, ways and means of carrying out activities are described. In particular, it shows the procedure for investigating cases of the "word and deed of the sovereign", the interaction of the Secret Order with other bodies and institutions that performed police functions. Examples of investigative activities of the order are given. The role and significance of the Secret Order in ensuring state security and the further formation of political police bodies in pre-revolutionary Russia are outlined.
creator: Sergey A. Lukyanov
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 118
ending page: 124

Measures to prevent administrative offenses in the field of road safety
type: item
description: The purpose of the article is to study the concept of administrative delicacy, its main features and peculiarities, the causes of illegal behavior in the field of road safety, preventive measures aimed at reducing offenses and accidents. The article notes that administrative delicacy is one of the threats to national security, and its distinctive features are the variety of forms and scale of illegal behavior, which poses a significant danger to the legally protected rights, freedoms and interests of citizens. The author studies the theoretical basis that makes it possible to quantify and qualitatively assess the level of administrative offenses in the field of traffic, examines the causes of the increase in offenses, preventive measures aimed at reducing them, and makes recommendations to prevent the recurrence of offenses in the field of ensuring police traffic safety.
creator: Irina A. Tarasova
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 125
ending page: 130

On the convergence of private and public law in the context of the decision of the Constitutional Court of October 31, 2024 No. 49-P
type: item
description: The article examines the legal nature of the mechanism for the recovery of property acquired as a result of the violation of anti-corruption prohibitions and requirements, taking into account the discussion that took place during the public session of the Constitutional Court of the Russian Federation on October 8, 2025. The author analyzes approaches to interpreting the sectoral affiliation of the said institution, which were presented by participants in the constitutional process, and also understands the defects in legal regulation that served as the basis for sending a request to the constitutional review body. The opinion is expressed according to which the reason for the emergence of the constitutional dispute was the application of legal norms to social relations of different branch nature – private and public, respectively—in conjunction with the presence of a legislative gap. It is noted that ensuring a unified sectoral focus of elements of complex legislative structures affecting several areas of social relations at once is a significant aspect of legislative work. The significance of this aspect is most clearly demonstrated in the area of convergence of interests between business and the state, as demonstrated by current judicial practice. According to the author, these circumstances determine the demand for a more in-depth study of convergence processes in law as an independent area of research in the field of jurisprudence.
creator: Elena S. Bezdeneshnykh
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 131
ending page: 138
doi: 10.33693/2072-3164-2025-18-6-131-138

Professor M.M. Fedorov: "Development of higher legal education and legal science in Yakutia is the goal of my life!"
type: item
description: The article examines the activities of Professor M.M. Fedorov. In his youth, Mikhail studied the basics of jurisprudence, and then became a defender of the Motherland in the fight against Nazi Germany. After the war, Fedorov M.M. continued his professional activities in the field of prosecutor's office, having gone from assistant prosecutor to prosecutor of the republic. A new stage in the activities of Mikhail Mikhailovich was the formation of a candidate of legal sciences, and he moved on to scientific work. Later, in order to open an independent law faculty at Yakutsk State University, he defended his doctoral dissertation in jurisprudence.
creator: Alexander N. Kim-Kiman
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 139
ending page: 143
doi: 10.33693/2072-3164-2025-18-6-139-143

Supervision and interaction of the prosecutor's office and Rostekhnadzor: industrial safety and pressure on business
type: item
description: Understanding the content of regulatory legal acts in the field of implementation of control and supervisory activities by authorized entities over the activities of small and medium-sized businesses, an analysis of institutional interaction in this area between the prosecutor's office and Rostekhnadzor is carried out. Recommendations are proposed aimed at optimizing and improving the activities of these bodies, including through improving the current regulatory legal acts.
creator: Magomed A. Magomedov
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 144
ending page: 149
doi: 10.33693/2072-3164-2025-18-6-144-149

Features of digital sovereignty: an international legal approach
type: item
description: The article examines the features of digital sovereignty from an international legal perspective. It outlines concept of sovereignty in cyberspace, from viewing cyberspace as independent of traditional state boundaries to modern approaches where states increasingly extend their jurisdiction to the digital domain. Three approaches to digital sovereignty in international law are identified: cyber nihilism (denial of state control in cyberspace), jurisdictional compromise (application of national jurisdiction without asserting sovereignty over the Internet), and digital realism (full extension of state sovereignty to cyberspace). Using examples from Russia’s legislation (the “sovereign Runet” law), China’s doctrine of “cyber sovereignty”, and EU policy (data protection following the Schrems II ruling), the article illustrates the practical implementation of digital sovereignty. It analyzes the international legal framework of digital sovereignty and the practice of international organizations: confirming the principles of sovereign equality and non-interference in cyberspace in UN resolutions, the compromise model of the World Summit on the Information Society, and other initiatives. An analysis of judicial practice (the Court of Justice of the EU and the European Court of Human Rights) shows that the exercise of digital sovereignty is constrained by states’ obligations under international law, especially in the field of human rights. In conclusion, digital sovereignty is becoming an important part of international law, requiring a balance between state control, jurisdiction, and international cooperation in cyberspace.
creator: Sergey A. Spartak
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 150
ending page: 159
doi: 10.33693/2072-3164-2025-18-6-150-159

Manufacturer, operator or owner: distribution of legal liability in the operation of unmanned vehicles
type: item
description: The rapid development of autonomous driving technologies creates fundamentally new legal challenges in the distribution of legal responsibility among various subjects involved in the life cycle of unmanned vehicles. This study analyzes established and emerging approaches to determining the responsibility of technology manufacturers, system operators and vehicle owners in the context of their interaction during autonomous system operation. Special attention is paid to legal uncertainty arising at the intersection of traditional civil liability institutions and innovative technological solutions. The research identifies key problem areas of modern legal regulation and proposes conceptual approaches to their resolution through comparative legal analysis of leading jurisdictions' experience. Materials and Research Methods. The methodological foundation of the study comprises a comprehensive approach including comparative legal analysis of legislation and judicial practice of the Russian Federation, United States of America, European Union states, United Arab Emirates and People's Republic of China. Methods of systematic analysis of legal institutions, structural-functional analysis of liability distribution mechanisms, and prognostic method for assessing trends in legal regulation development were applied. The empirical base consisted of current regulatory legal acts, draft legislative initiatives, judicial practice materials and doctrinal sources by leading specialists in transport and information law. Results. The study revealed significant fragmentation of existing legal approaches to liability distribution in unmanned vehicle operation. It was established that traditional civil liability models require conceptual rethinking for adequate regulation of autonomous transport relations. Three main liability distribution models were identified: strict manufacturer liability model, mixed model with differentiated approach, and system operator liability model. Key factors i…
creator: Ilya D. Slobodyanin
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 160
ending page: 166
doi: 10.33693/2072-3164-2025-18-6-160-166

Artificial intelligence in the judicial system: international experience, legal risks and limits of admissibility in Russia
type: item
description: The purpose of the study is to conduct a comprehensive analysis of the possibilities and limitations of applying artificial intelligence in the judicial system, taking into account international experience and the specifics of Russian justice. The paper examines the directions of digitalization of judicial activities, identifies legal risks and ethical challenges associated with the use of algorithmic technologies. The methodological basis of the research includes comparative legal and systemic approaches. As a result, the study identifies legal and organizational conditions for the safe integration of artificial intelligence into the Russian judicial system in accordance with the principles of judicial independence, legality, and the protection of human rights, aimed at ensuring the delivery of fair judicial decisions by judges. The conclusion emphasizes the need to establish clear limits on the permissible use of artificial intelligence in justice in order to maintain public trust in the judiciary.
creator: Evgeny M. Dontsov
creator: Tatyana K. Dontsova
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 167
ending page: 173
doi: 10.33693/2072-3164-2025-18-6-167-173

Subject matter of the professional football player transfer agreement
type: item
description: Modern football is unimaginable without high-profile news about the transfers of professional players from one club to another. Transfer periods have undoubtedly become a significant part of this sport, meticulously followed not only by football fans but also by those who facilitate these transfers. Therefore, this process requires clear and comprehensible regulatory and contractual frameworks for its participants. This article examines the specifics of the subject matter of a professional football player transfer agreement, based on an analysis of applicable regulatory norms of football federations, standard transfer contract forms, and existing arbitral practice. In contractual relations, correctly defining their subject matter is particularly important for the transaction to be executed precisely. Given the sporting specificity of the relations in question, the issue of precisely defining the subject matter of a transfer contract remains open in academic discourse. This paper pays particular attention to certain clauses of the transfer contract. Thus, a correct understanding and formulation of the subject matter of a professional football player transfer agreement is crucial for the normal functioning of transfer relations in football.
creator: Nikolay Y. Duvanov
creator: Yuri V. Zaytsev
creator: Daria M. Sirotinina
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 174
ending page: 179
doi: 10.33693/2072-3164-2025-18-6-174-179

Issues of the legislative definition of the legal capacity of regional sports federations
type: item
description: The article examines key issues of legislative regulation of the legal status of regional sports federations in the Russian Federation. The author analyzes the contradictions between the Federal Law “On Physical Culture and Sports in the Russian Federation” and the Federal Law “On Public Associations,” and identifies uncertainties in matters of legal capacity and corporate status of regional sports federations. The author focuses on the differences between regional sports federations that have legal entity status and those that do not. Based on an analysis of regulatory acts and the charters of individual sports federations, the author concludes that there is a need to clarify legislation aimed at regulating the procedure for the creation, liquidation, and participation of regional sports federations in civil transactions, as well as their corporate relations with the All-Russian Sports Federation, and also proposes possible approaches to improving legislation.
creator: Anastasia A. Gali
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 180
ending page: 187
doi: 10.33693/2072-3164-2025-18-6-180-187

About the problem of understanding of international law by the current political leadership of Great Britain
type: item
description: The Conservative and Labour political parties of Great Britain, alternating in power, traditionally proclaim a strict adherence to international law, declare the need to improve the efficiency of its application. In July 2024, the Labour Party, led by Keir Starmer, came to power in the United Kingdom. The new Prime Minister, a lawyer with extensive practical experience in this field, has appointed his supporters, including legal scholars, to senior positions. Despite coming to power of people with significantly different political views, approaches to international law in the United Kingdom have remained fundamentally unchanged. This is primarily due to the continued commitment to the concept of a rules-based international order, which draws a profound distinction between the views on international law in Western countries and those of other states, primarily Russia. By relying on this concept as a political tool, representatives of the Labour government are taking to absurdity their views on approaches to international law in our country. Furthermore, the way British politicians understand the development of international law historically, particularly since the founding of the United Nations, raises a lot of questions. Seeking to demonstrate its imaginary leadership in forming the post-World War II world order, the UK, represented by the current Labour Party cabinet, like the previous Conservative Party government, continues to influence negatively the development of international legal consciousness.
creator: Alexander S. Grigoryan
rights: Copyright (c) 2025 Yur-VAK https://creativecommons.org/licenses/by-nc-nd/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 18
number: 6
starting page: 188
ending page: 198
doi: 10.33693/2072-3164-2025-18-6-188-198