The sale of goods on marketplaces, including foreign trade activities, is actively spreading in the modern world and provokes competition with classical (offline) trade. Marketplaces, as electronic trading platforms in a broader sense, are often interested in implementing new, stable approaches to the sale of goods, including cross-border foreign trade activities, in order to offer online buyers a wide range of goods at competitive prices. Parallel import is one of the strategies used by sellers and business owners on marketplaces to achieve this goal. Since foreign trade using parallel import tools involves, in fact, the resale on the domestic market of goods that are produced abroad and imported for sale in a particular State without the consent of the right-holder, as well as marked with the trademark of the right-holder or in which other results of intellectual activity are expressed (relevant from the point of view of the problem of exhaustion of exclusive rights, in particular, the objects of patent rights), cross-border opportunities of marketplaces seem to be the best place for the sale of goods imported by means of parallel imports. At the same time, the peculiarities of cross-border electronic commerce give rise to the latest challenges related to the proliferation of counterfeit products, violation of the intellectual rights of third parties, the requirements of the legislation of the country of sale on advertising, protection of competition, protection of consumer rights.

Under the legislation, when artificial intelligence (AI) systems cause harm to third parties, the restoration of violated rights is carried out according to the rules of strict or culpable liability. Strict liability is applied if the AI system is recognized as a source of increased danger or has a defect. For all other cases, culpable civil liability is used. The authors have developed a new approach to non-contractual civil liability for cases of harm caused by AI systems based on the criterion of the risk level of AI systems. According to this approach, for AI systems that create unacceptable or high risk in relation to human rights and freedoms, it is proposed to apply strict liability to their developer, and for AI systems belonging to the low-risk classification group, the rules of culpable liability to restore violated rights and compensate for the harm caused should be applied. With regard to the basic models, the use of culpable liability is envisaged, except situations where AI products with unacceptable or high risk are created on their basis. The proposed approach can become an alternative to using the concept of a source of increased danger in relation to AI systems and will allow transferring strict responsibility from owners of high-risk AI systems to their developers, who have a greater impact on the safety and reliability of AI systems. 

The paper analyzes the influence of the norms of civil and family law on the upbringing of a person. First, the authors focus on the powerful educational potential of the principles of integrity and justice. The paper also analyzes provisions of Russian civil and family law that require achieving a balance of personal and public interests (the principle of combining personal interests with public ones). The paper highlights that upbringing as a function is not only known to civil and family law, it is the main, defining function of Russian civil and family law. 

This function is aimed at educating or re-educating participants of civil and family law in a direction appropriate for society. According to the authors, legislative recognition of the upbringing functions of civil and family law is necessary. This can be solved by the preamble in the Civil Code of the Russian Federation and the Family Code of the Russian Federation, where, among other tasks and directions of the relevant legislation, the upbringing function is indicated. The principles of good faith, justice, and a combination of personal interests with public ones form the foundations of upbringing functions in Russian civil and family law, since the existence of a person as a biosocial being outside society is impossible.

In the Russian and foreign family legal reality, the practice of inappropriate use of divorces has become widespread. With the general attention of law to fictitious legally significant phenomena in the context of normative uncertainty of the concept, signs and consequences of fictitious divorce, it is necessary to check and take into account the possibilities of analogy as a traditional means of filling legal gaps in private law regulation in relation to the problem of the lack of legislative regulation of the legal consequences of fictitious divorces. At the same time, the method of analogy can and should act not only as one of the objects of study, but also as a means of achieving a scientific result. The study raises and rejects the scientific hypothesis about the similarity of the normatively undefined consequences of the depravity of the causa of a fictitious divorce and the regulated consequences of a fictitious marriage. At the same time, the author shows the positive role of the analogy of law as part of the means of settlement and family law disputes and methods of countering unfair behavior in marriage dissolution without the purpose of its termination. The significance of the work is manifested in its ability to doctrinally support the legislator’s abstinence from direct normative consolidation of the criteria of fictitious divorce and its invalidity. At the same time, the article indicates the way to situationally overcome the uncertainty of the concept under consideration using the analogy of law.

To date, such an organizational and legal form of a legal entity as a homeowner association is widespread and is in demand by participants of civil relationships, and in practice there are problems of organization and activity of its individual types that need independent research. In particular, this applies both to a homeowner association, the organization and activities of which are regulated by a special law, and partnerships for which there is no special legislative regulation. In connection with the above, the author explores a number of problems of the organization and activity of homeowner associations. Firstly, the problem of applying legislation to these relations by analogy. Secondly, the problem of the emergence of the right of common shared ownership of members of homeowner association, including those formed by owners of land plots united by a common territory, infrastructure and communications to common property. Thirdly, the problem of the exercise of membership rights and performance of duties by persons who do not have the status of a member of the homeowner association. Fourthly, the problem of the transfer of common property located within the boundaries of the homeowner partnership into common shared ownership. The author highlights the differences in law enforcement practice and identifies some other problems that arise due to the lack of legal regulation of the organization and activities of certain types of homeowner partnerships.

The norms of the Criminal Code of the Russian Federation on exemption from criminal liability or noninvolvement therein are an important tool for countering crimes in general. The relevant norms contained in the notes to the articles of the Criminal Code of the Russian Federation providing for liability for terrorist crimes are no exception. Of the articles of the Criminal Code of the Russian Federation providing for liability for terrorist crimes, the relevant notes are given to Articles 205–206 and 208. However, the effective use of the possibilities contained in the listed articles may be hindered by the confusion of grounds for exemption from criminal liability and grounds excluding criminal liability inherent in them. The author make a conclusion on the need to coordinate the notes to Articles 205–206, 208 of the Criminal Code with the provisions on voluntary abandonment of a crime (Article 31 of the Criminal Code) and complete abandonment of the criminal purpose (part 2 of Article 75 of the Criminal Code). Such coordination is a necessary condition for a clear definition of the legal nature of the circumstances set out in the notes to the above articles of the Criminal Code of the Russian Federation. Currently, unambiguous grounds for differentiating these circumstances into exempting from criminal liability and excluding criminal liability are absent, which leads to contradictory and controversial conclusions when judicial authorities make decisions on cases of terrorist crimes provided for in Articles 205–206, 208 of the Criminal Code of the Russian Federation.

The logical consequence of recognizing administrative prejudicial effect as a form of criminalization is the need, when deciding on the validity of criminalizing repeated acts that initially entail administrative responsibility, to establish the existence of a basis for criminalization, which is considered to be the necessary degree of public danger. The author conducts an analysis of empirical data for 2013–2022 characterizing administrative offenses related to exceeding the established speed limit over 40 km per hour, as well as entering the lane intended for oncoming traffic. This makes it possible to assert at least the absence of an increase in the degree of public harm to the level of public danger (due to the consistent systematic reduction of a number of indicators of punishability, as well as the absence of an increase in injuries and deaths as a result of violations of these traffic rules for the entire analyzed period). Recognizing the absence as such of objective prerequisites for criminal law interference in the sphere of administrative law regulating the analyzed legal relations, it is worth recommending that the legislator pay close attention to the possibilities available within the framework of administrative legislation (including the prospect of establishing appropriate types and sizes of punishment to a greater extent), and the law enforcement officer — to the issues of the enforceability of punishment in the form of a fine. In order to take effective measures against the most serious offenders, it would be more correct to establish a differentiated scale of punishability depending on the fact of repetition of an administrative offense. This approach will make it possible to avoid the conceptual and law enforcement problems of «transferring» responsibility for a recurring offense to the criminal law.

The paper presents the author’s viewpoint and assessment of existing attempts in public discourse to reflect on the current situation of society and the state through the choice of an ideological paradigm, interpretations of the relationship between the concept of «traditional spiritual and moral values» and the foundations of the constitutional system of the Russian Federation. The author presents semantic, substantive meaning of this question and a scientifically based answer thereto, including for the discipline «Fundamentals of Russian statehood» that was introduced into the universities curricula. It is concluded that «traditional spiritual and moral values» is essentially a framework. Not being a rigid, once and for all established construct, it experiences a modification of its content, expression, semantic accents as society develops and strives for a meaningful basis, which is the universal, supra-constitutional values of human society, which have found consolidation in the foundations of the constitutional system of the Russian Federation. Therefore, at the present stage there are no grounds for contrasting these categories. The author substantiates the viewpoint according to which it is logical to correlate the concepts under consideration based on the idea of constitutional patriotism. Awareness of the potential of the idea of constitutional patriotism as a civic value, its social and personal internalization and transfer to the category of an integral component of the identity of a citizen of the Russian Federation is named as the desired result of social development.

The participation of interested persons in medical malpractice claims depends on the disputed material and legal relations and the specifics of the actual relationship.
The main difficulties regarding the plaintiffs are related to the identification of interest in medical malpractice claims. The practical importance of detailing the material and legal interest in terms of the grounds for its occurrence is emphasized for persons who are in actual marital relations with the patient; young children of deceased patients; persons who meet the criterion of «having close ties with the patient», including those who are not relatives. It is substantiated that the circle of persons entitled to compensation for moral damage due to fetal death should be determined situationally and may not be limited to the child’s married parents.
The interested parties on the defendant’s side in resolving disputes as to compensation for damage caused to the life or health of a citizen depends on the status of legal entities that provided medical services.
The practice of involving medical workers in the case, due to whose actions the person was harmed, as third parties who do not file independent claims on the subject of the dispute, is criticized. Procedural complications due to an additional participant in the first proceeding do not create a clear advantage in comparison with the consideration of two disputes with ordinary parties. The practice of involving in the process entities whose competence includes additional financing of the defendant’s obligations; administrative and managerial personnel of a medical institution who did not participate in the treatment of the patient is erroneous and legally pointless.

The paper examines the process of formation and development of the Donetsk and Lugansk People’s Republics as public legal entities that arose after the self-determination of their peoples and the implementation of secession. The correlation of the principles of territorial integrity and the principle of self-determination is considered through the issue of the legal force of the decision taken at the referendum and its implementation. The paper analyzes the institutionalization of the results of the 2014 referendums and the acquisition of both public and international legal status by the republics through the exercise of full state power in the context of the loss of effective jurisdiction by the old power structures. To this end, the formation of public power in the republics is being investigated. The historical prerequisites for the formation of independent representative and legislative bodies, as well as their evolution, are considered. The implementation of effective control over the state of affairs in the republics with the consent and direct participation of the population is considered as in the case study of building executive power, developing its structure, the activities of courts, local governments, as well as the implementation of productive production activities within the DPR and LPR. It is concluded that the systemic interaction of educated institutions of government and society, their mutual trust, and the activities of directly elected institutions of representative democracy are the foundation of legitimate independent statehood and sovereignty of the republics

The paper deals with topical issues of improving the regulation at the international level of the rules concerning the conduct of arbitrators in international commercial and investment arbitration. Two new documents are highlighted: the Code of Conduct for Arbitrators in the Settlement of International Investment Disputes, prepared by the working group of the United Nations Commission on International Trade Law (UNCITRAL), and the 2024 edition of the guidelines of the International Bar Association (IBA) regarding conflicts of interest in international arbitration. The Code of Conduct for Arbitrators is applied in the framework of International Investment Dispute (IID) proceedings, but may be applied in the framework of proceedings in any other dispute by agreement of the parties to the dispute. Along with the requirements for the independence and impartiality of arbitrators, the Code introduces restrictions on the simultaneous performance of several functions, as well as establishes obligations to exercise diligence, conduct proceedings in good faith and competently, not delegate their decision-making responsibilities, maintain the confidentiality of proceedings; the requirement for the reasonableness of arbitrators’ fees, as well as provisions governing the role of tribunal assistants. The IBA Guidelines on Conflicts of Interest in International Arbitration are the most popular source of «soft law» among the sets of rules of international origin governing the impartiality and independence of arbitrators. It is often used in arbitration and judicial proceedings in various legal systems when considering issues related to the assumption of the functions of arbitrators, their appointments and challenges. The novelties introduced into this Manual, taking into account the 10-year practice of applying the previous edition, expand the list of circumstances to be disclosed, clarify a number of statements.