A study of the institution of conditional performance of obligations has shown that, although in the legal systems of some States obligations are called conditional, we are talking about conditional transactions. Russia is the only state that, along with «conditional transactions,» has established «conditional obligations» in the meaning of the obligation consolidated in Article 307 of the Civil Code of the Russian Federation. The experience of using this approach has shown its inconsistency, since in practice situations arise that violate the balance of interests between the parties to the contract. For this reason, the Supreme Court of the Russian Federation was forced to cancel the effect of this norm, indicating that the occurrence of an obligation should be linked not to the fact of the occurrence of a condition, but to the expected date of its occurrence. After such an interpretation, the conditionality of the fulfillment of the obligation provided for in Article 327.1 of the Civil Code of the Russian Federation ceased to be conditional. An unconditional transaction is the cause (causa) of the obligation from the moment it is made. This means that suspension is unusual for an unconditional transaction. In contrast, a transaction with a suspensive condition acquires the properties of the cause (causa) only from the moment the condition occurs. Therefore, for such a transaction, the state of suspension is normal. Among other things, the author concludes that the current legal regulation of relations for the provision of paid services with the achievement of results is carried out using the norms of Article 327.1 of the Civil Code of the Russian Federation. It is difficult to agree with this approach, since failure to achieve the result of the service will mean that one party has fulfilled its obligations under a paid contract to perform certain actions or carry out certain activities (paragraph 1 of Article 779 of the Civil Code of the Russian Federation), and the other party is exempt from paying for it.

The legislation of the Russian Federation enshrines the right of a former family member-owner of a privatized dwelling premises who gave his consent to privatization in favor of another person (a person who did not take advantage of privatization) to live in a dwelling dor an indefinite period. The nature of this right is not clearly defined and is the subject of numerous doctrinal discussions. Protection of the interests of the authorized person is controversial. As a result of the analysis of judicial practice, the author highlights the main ways to protect the rights of a person who did not take advantage of privatization and concludes that he has an access to such property lawsuits as a negatory claim (including the order to move into a residential building), and a claim for recognition of the right. The paper determines the approach according to which the right of a person who did not take advantage of privatization, along with the rights to live in a residential premises on the basis of a testamentary refusal and on the basis of a contract of lifelong maintenance with a dependent, by its legal nature represents a limited property right to live in someone else’s residential premises, namely, habitation, which, in turn, is a kind of the rights of personal use or usufruct.

The paper analyzes the possibility of building a system of electronic bills of lading, the legal effect of which is determined under the norms of Russian legislation. The author highlights that the existing norms are not able to meet the needs of turnover and the fair distribution of risks of using electronic bills of lading. The paper elucidates the key factors determining the prospect of using an electronic bill of lading in trade. They include the rules ensuring neutrality and reliability of the person maintaining the register of electronic bills of lading, rules ensuring impossibility of foreclosing on an electronic bill of lading for the obligations of the person maintaining the register, the level of security of accounting for rights in relation to electronic bills of lading, the amount of transaction costs of participants in trade when using an electronic bill of lading, rules ensuring control of the pledgee over the transfer rights in relation to the pledged electronic bill of lading, convenience of transferring rights, as well as the possibility and consequences of converting an electronic bill of lading. Taking into account the above criteria, the author considers the possibility of regulating an electronic bill of lading on the basis of the corpus of norms already existing in Russian legislation, namely, using the model of non-documentary securities and digital rights. It is noted that none of these models can ensure the effective functioning of an electronic bill of lading in the absence of a whole range of legal and technological solutions, without which the expected advantages are outweighed by the problems of practical application. The paper elucidates possible ways of perspective regulation of electronic bills of lading in the Russian legal order and analyzes possible ways of civil law protection of the rights confirmed by the electronic bill of lading in the regulation of each of the proposed models.

The financial and economic situation in Russia in 2022 has sharply reduced the market for derivative financial instruments (derivatives), including the instruments applied by non-financial organizations (hedgers) to reduce commercial risks (hedging). At the same time, volatility in commodity markets and unilateral restrictive measures increase the risks of unforeseen property losses in connection with the execution of derivatives, which is why Russian non-financial organizations are increasingly trying to invalidate such contracts. However, a commonly used ground for contesting in many cases (violation of the requirements of a law or other legal act (Article 168 of the Civil Code of the Russian Federation)) turns out to be irrelevant, indicating a distorted understanding of the legal nature of derivative financial instruments and contradictory behavior of plaintiffshedgers. Their typical arguments are explained through the legal features of derivatives: the aleatory nature on which the distribution of monetary obligations of the parties and the uncertainty of the amount of monetary provision are based, and the lack of legal prerequisites for the universal presumption of asymmetry of the parties of the hedging derivative. The legal significance of volatility in the contractual structure of a derivative financial instrument is justified by the strict relationship between its regulatory aleatory nature and the random variability of the parameters of the underlying asset, the econometric characteristics of which do not affect the validity and effect of the contract. The author draws conclusions that unlimited property losses on a derivative are preconditioned not only by its aleatory nature, but also by the hedging objectives. It is noted that unconditional application of the concept of strengths and weaknesses in derivative financial instruments involving non-financial organizations is controversial due to various aspects of contractual and information asymmetry.

Because of updating the methodological foundations of Russian criminological science, an epistemological potential of the historical method can be revived. Within the framework of historical criminology, crime is understood not as a fixed number of crimes committed in a certain period of time, but as a social process observed during this time period. At the same time, the historical method is important not only for understanding the dynamics of crime as a whole. It can also be used to correct and clarify existing ideas about its internal characteristics. In particular, the use of the historical method to study traditional quantitative indicators of crime — scope and structure — gives researchers new opportunities. Under this approach, the actual scope of crime should be determined by the present (crimes that have been committed and identified at the moment), the past that must be remembered (latent crimes), and the past that must be forgotten (expired and decriminalized acts). The structure of crime in its historical analysis appears as a combination of independently changing «stable» and «variable» parts of crime. The point of connection of the past and the future in the scope and structure of crime represent criminogenic properties of crime social consequences, revealing themselves in the mechanism of its self-determination. At the same time, the historical cross-section of this mechanism includes a deterministic effect of consequences of past crimes and the fear of future crime. The data on the state, structure and consequences of crime, clarified through historical analysis, can not only correct the prevailing theoretical ideas about crime’s danger, but also makes a significant contribution into our ideas about the real scope of preventive and law enforcement activities.

The following rule is axiomatic: «in the course of investigative actions, violation of the rule of law is unacceptable.» Compliance of procedural procedures with this principle is an imperative condition of criminal proceedings. Legality determines the order of investigative actions. Legality and order set the standard procedural form of obtaining evidence that in the adversarial and investigative types of the process entails differing procedural content. This defines the differences in the rules used to evaluate personal evidence due to the ideological attitudes embedded in the construction of the law.

In Soviet law, the form of interrogation was associated with the goal of achieving the truth, which determines the activities of almost all participants in the proceedings. Consequently, undifferentiated actions of the main participants in court proceedings were acceptable to achieve the truth, and the evidence obtained was admissable. The aim of the investigator’s pursuit of the truth assumed that it was permissible for him to use questions of accusatory etymology when receiving the testimony of a suspect. The adversarial principle is implemented in modern law. In this case, the legal order is formed by two parties with the defense initiating questions to the suspect, which is an element of the proper form of obtaining the testimony of the suspect used in their assessment. The formation of evidence is completed by their examination according to the criterion of admissibility in court proceedings. Until the moment of rebuttal of the presumption of innocence, all evidence presented by the prosecution is inadmissible. By proving guilt, the prosecutor proves the quality of the evidence presented by the prosecution. Thus, the quality of admissibility of evidence is acquired simultaneously with the entry into force of the presumption of the validity of the verdict.

The formation of a new direction of state policy on the termination of citizenship of the Russian Federation is conditioned by the need to ensure the national security of the country in the modern world. The international legal doctrine in the field of revocation of citizenship states that this measure will never be able to comply with modern international human rights law, while many Western states turn to this institution not only when perpetrators commit terrorist crimes, but also in all types of treason. The objectives of the study are a comparative legal and historical analysis of the regulations on the termination of citizenship for crimes and actions that infringe on national security in Russia and a number of countries in which this practice exists. The purpose of the study is to analyze trends in the formation of Russian state policy in this area. The methodological basis of the research is the use of general scientific and private scientific methods of cognition, including historical and formal legal ones. The authors conclude that the termination of citizenship is a de facto sanction. Punishment in the form of revocation of citizenship can be a deterrent in conditions of constant (often uncontrolled) increase in the Russian population due to migrants. Termination of citizenship as an additional criminal law measure to the main type of punishment should be applied only by the court, accordingly, such a sanction should be fixed directly in the criminal law. The authors point to the need to modernize the legislation on citizenship of the Russian Federation, as well as to expand the list of types of penalties provided for by criminal law, provisions on termination of citizenship for committing specific crimes and actions that pose a threat to national security.

The paper analyzes the procedural status, as well as the specifics of the legal regulation of the participation of minors in the criminal procedure of the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Belarus, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan, the Republic of Armenia, Afghanistan, and the Swiss Confederation. The authors analyze the legislatively defined concept of a minor participant in criminal proceedings, the institution of representation, as well as the availability of additional procedural guarantees provided for by criminal procedure legislation. The study found that the period of detention of a minor suspected of committing a crime is not equal to 48 hours in all countries. In particular, the criminal procedure legislation of the Republic of Kazakhstan and the Kyrgyz Republic regulates the detention of this category of persons for a period of no more than 24 hours, which is regarded by the authors as an additional guarantee of the state aimed at protecting the psycho-emotional state of minors during criminal proceedings. The peculiarities of the production of investigative actions involving this category of persons, the peculiarities of their representation, as well as the involvement of a teacher, psychologist and doctor in criminal procedural relations are revealed. The authors recognize the Kazakh model of criminal procedure as an enhanced version of representation, which provides for mandatory representation of minor victims, civil plaintiffs and private prosecutors by both a legal representative and a representative, which can be either a lawyer or another person. The study made it possible to form a generalized idea of the rights and obligations of juvenile participants in criminal proceedings implementing various criminal procedural functions, as well as to express the author’s position on the possibility of introducing into the Russian criminal procedural space the most successful practice of legal regulation of ensuring the rights of minors in criminal proceedings, identified in foreign legislation.

The paper presents historical, political, legal and economic facts taken from open sources that have formed the specifics of the political mentality and public consciousness in Brazil. They have an impact on the established community of factors affecting trust in this country. Brazil is a BRICS member with high economic growth potential, on the one hand, and cultural and business characteristics, on the other, which makes this state attractive for research. The author comprehensively approaches the issue of trust, considering the trust of the electorate in the first person, the level of implementation of artificial intelligence and trust in Brazilian society, the influence of the media on the perception of other states and trust in them. The relationship of trust — economy — culture is being analyzed. It is noted that the level of education of the population raises the level of trust in society. There is a struggle for scientific and technological progress between the leading economic powers. The use of soft and smart power as a tool of influence or a weapon of mass influence is considered. The prerequisites for the accumulation of trust potential as a necessary element of economic growth are analyzed.

The paper offers a detailed model of the legal concept of metaverses. The scientific impetus for this discourse was the foreign practice of developing metaverses, which have become national priorities for a number of states. According to the author’s position, the metaverse is a direction (area) of digital technology development for the formation of a digital space for various types of social and public activities with imitation of the personal presence of the user. The components of the metaverse interact with each other, are in dynamic balance, creating a digital industry. The industry of the metaverse is at a stage of continuous evolution and development. It consists of five main systems, including a technological system, a system of standards, a system of digital products, a service and warranty system. Based on this conclusion, the author systematizes approaches to the development of legal regulation of relations in the metaverses in order to consolidate the country’s technological leadershipin this promising direction. As the metaverse evolves, it may become a promising space for the circulation of digital data and the implementation of other ambitious projects of the digital economy. However, the emergence of new threats and risks in artificial virtual worlds requires the development and adoption of a concept of legal understanding of metaverses, as well as the advanced study of Russian legislation guaranteeing human rights and freedoms in metaverses.

The paper analyzes the basics of ensuring genomic security at the national and supranational levels. Biosafety is one of the main aspects of global security, covering such areas as health, agriculture, science and technology, education and defense. Threats to biosafety are characterized by secrecy, sudden spread, unpredictable consequences, and significant damage. Combating such threats is an integral part of national security. Today, genomic safety should be considered as part of biosafety. The paper attempts to identify the features and main directions of the development of regulation of the safety of genomic research in the national legislation of some states (including the Russian Federation) in connection with the trends of regulation of biological safety at the universal and regional levels. The authors analyze the legislation of foreign countries in the field under study, highlight the positive properties of such legislation. Various schemes for regulating the safety of genetic research are being identified. It is possible to identify some states that use «strict» regulatory schemes, which involve the legislative consolidation of prohibitions of some or significant restrictions on the implementation of other types of genetic research. In a number of states, on the contrary, self-regulation or minimal regulation by the State of ensuring the safety of genetic research is being consolidated. Special attention is given to an analytical review of international treaties affecting various aspects of biological, including genomic, safety. In conclusion, the authors’ recommendations on improving the regulatory regulation of the Russian Federation in the field of biosafety, including the framework federal legislation in this area, are presented. The paper may be of interest to various specialists whose activities are related to genomic research (biomedicine, bioinformatics, human reproduction, etc.).

The paper develops the problems of critical understanding of the phenomenon of the state. The author comprehends the contribution of the German history of concepts (Begriffsgeschichte) and the British Conceptual History to the critical understanding of the emergence of the state as a concept and social phenomenon in Modern times. Representatives of these lines of thought trace the appearance of the English State and the French État to the 17th century, the German Staat to the second half of the 18th century. Russian followers of these traditions explore the historical and ideological context of the emergence of the state in the 15th– 18th centuries. The researchers emphasize that in Germany the concept of the state is formed two centuries later than that in France, but it immediately becomes political and subordinates the rest of the meanings of the word, creating a theoretical basis for the development of state studies and public law, while the French état and English state in the meaning of the state have long been used in relation to non-state political and even nonpolitical phenomena. An important contribution of the history of concepts was the search for the ideological and social foundations of modern state legal terms and models — state sovereignty, citizenship, legal and social state, endowed with meaning primarily in the continental tradition. The author continues the study of the problems of critical understanding of the state, which began in the article «Critical Concepts of the State and their Significance for Russian Jurisprudence: Introduction to the Problem» (Lex russica. 2020;6:122-138).