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Vol 78, No 8 (2025)
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PRIVATE LAW / JUS PRIVATUM

9-21 25
Abstract

The paper examines the essence of state registration of rights to real property and transactions involving such property, analyzing its legal nature and significance as an act of securing the rights. The author emphasizes that state registration serves as an external indicator of rights, providing protection and stability to transactions regulated by civil law. Special attention is given to historical models of registration, namely, the German and French systems that demonstrate differing approaches. Contemporary Russian legislation combines elements of both systems, facilitating a flexible regulation of relationships in the real property sector. The author investigates key issues within the theoretical framework of state registration. They include the object of registration (whether it pertains to rights or transactions), the legal nature of registration (the principle of entry versus the principle of opposability), the potential for contesting entries within the registry (negative versus positive systems), the principle of public authenticity and its impact on the protection of bona fide purchasers, as well as the degree of transparency within the registry (the principle of publicity). A critical assessment of judicial practices reveals a tendency to overlook the principle of public authenticity, often imposing additional verification requirements on property purchasers regarding the rights of sellers. The paper proposes legislative amendments aimed at enhancing the protection of bona fide participants in transactions. In conclusion, the author asserts that state registration serves as a fundamental mechanism for reinforcing property rights, thereby ensuring a balance between the interests of owners and purchasers. The effectiveness of this system hinges on a clear definition of its legal nature and the consistent application of registration principles.

22-30 17
Abstract

Based on the works written by O. A. Krasavchikov and V. B. Isakov, the author of the paper analyzes cases when participants of family relations engage in family acts in bad faith, thereby violating the rights of other parties, which indicates a defect in their acts. The author defines a family act as a lawful act committed by an individual possessing the necessary degree of family legal capacity, aimed at the emergence, modification, or termination of a family legal relationship. Identifying specific defects in the acts of participants in family legal relations has facilitated the distinction between fictitious and sham family acts. For example, if an individual attempts to conceal their true intentions by leveraging the legal consequences of executing a family act for personal gain, this suggests the act is fictitious. In the context of family law, a fictitious family act is understood as an act performed for appearances only. The objective of such an act is to achieve unlawful legal consequences that do not align with the essence of the legal norm, resulting in the violation of either public or private interests. The differentiation between fictitious and simulated family acts is further supported by the varying legal consequences that arise from their performance. If a family act is conducted in a fictitious manner, it should lead to its invalidity, and the resulting familial legal relationship should be deemed non-existent. In instances where the simulation of a family act is detected, adverse consequences may arise within other legal contexts related to family law. However, such findings cannot restore the original family legal relationships.

CRIMINAL LAW SCIENCES / JUS CRIMINALE

31-41 15
Abstract

Charging an individual with a crime as the accused in the criminal proceedings of the Russian Federation constitutes a central stage of the preliminary investigation, to which the Russian procedural doctrine traditionally attributes significant, multifaceted legal importance. However, the evolution of criminal procedure, along with related scholarly studies, has considerably challenged what appeared to be the immutable positions of the institution of charging with a crime, questioning its pivotal role within the structure of pretrial proceedings. This has sparked a discussion within the academic community regarding the necessity for a radical reorganization of the procedure for initiating and presenting public criminal charges. The study examines and supports the approach of proponents advocating for the abolition of charging with the crime as the accused, arguing that it is superfluous, largely formal, and unjustifiably complicates the pretrial procedure, failing to serve the interests of justice. The author analyzes and refutes arguments pertaining to the opposing viewpoint, while presenting additional rationale supporting the transfer of the moment of presenting charges to the final stage of the preliminary investigation in a criminal case. It is proposed that the prosecutorial thesis be formulated once in the final document (indictment, act, or resolution) based on a comprehensive and thorough evaluation of the entire assembled evidentiary basis. The charges against an individual should be presented solely in their finalized form, subsequent to the approval by the prosecutor.

42-51 12
Abstract

The paper examines the current issues related to the application of digital technologies for remote communication in criminal proceedings, with a particular focus on video conferencing (VC). It analyzes the Russian model of regulatory framework that, despite its compliance with international standards, lacks systemic coherence. The paper highlights the lack of a unified list of judicial procedures where the use of VC is permissible, creating gaps in the regulation of certain judicial review procedures (Article 125 of the Criminal Procedure Code of the Russian Federation). The novelty of this research lies in the application of factor analysis to elucidate the legal essence and pace of telecommunications technologies’ integration into criminal proceedings, as well as to identify specific characteristics of the national regulatory model governing these relations. Additionally, the paper introduces updated provisions from foreign legislation and Russian jurisprudence into the scholarly discourse. Key findings criticize the broad discretion afforded to courts in addressing issues of remote participation for defendants, particularly those belonging to vulnerable categories (minors, individuals with mental health conditions), and the absence of detailed guarantees for victims and witnesses. The author emphasizes the necessity for clarifications from the Supreme Court of the Russian Federation to unify judicial practices. The practical significance of this work lies in the identification of technical and legal challenges, such as insufficient reasoning in judicial decisions regarding the use of VC, as well as the risks of information distortion due to technical limitations and failures. The author proposes measures to enhance regulation, including introduction of uniform procedural guarantees and clarification of confidentiality measures for participants in the process.

PUBLIC LAW / JUS PUBLICUM

52-61 15
Abstract

The paper analyzes the differences between state and private security activities in the Russian Federation, highlighting the challenges of regulating these domains under a unified legislative framework. The author criticizes existing normative acts for their misalignment with contemporary requirements and emphasizes the need for significant modernization. The study provides data regarding the scale of private security activities, including the number of entities and specialists as well as protected sites, underscoring the sector’s importance for national security. The author dwells on proposals regarding the wording of separate legislative drafts «On State Security Activities» and «On Private Security Activities», aimed at determining the legal foundations and addressing existing legal gaps. Special attention is given to the potential of public-private partnerships (PPP) in ensuring security during mass events, which includes the implementation of modern technologies and the training of qualified personnel. The author emphasizes that a differentiated approach to the regulation of security activities will enable the creation of more effective mechanisms for collaboration between the state and the private sector, thereby enhancing the quality and accessibility of security services. The conclusions indicate the necessity of a comprehensive review of the legislative framework to ensure sustainable development within the security sector and to strengthen national security

62-71 19
Abstract

The paper examines the development of the theory of administrative law and administrative legislation. The author relies on the distinction between administrative-public and administrative-organizational relations   as a conceptual framework for the systematization of administrative law within which the activities of public administration bodies are realized. The author investigates the characteristics of administrative-organizational interaction and analyzes how this interaction is enshrined in legislation. This approach facilitates identification of classification criteria for the theoretical systematization of interaction as a function of administrative-organizational activity. The theoretical justification of the category «administrative and organizational interaction» will contribute to the formulation of a theory of administrative and organizational activities. An   analysis of Russian administrative legislation has allowed for the articulation of the features of administrative and organizational interaction. These features will enable systematization of interactions, which occur both within organizational relations inside the system of public administration bodies and in administrative-public relations, where the interaction aims to realize the rights and legitimate interests of individuals and organizations, as well as to achieve a balance between public and private interests. The identification of classification criteria has enabled the author to categorize interactions based on subordination, their relationship to the unified system of public administration bodies, and the types of activities involved. Furthermore, a distinctive aspect of such activity   includes the lack of procedural form, indicating that these actions pertain to substantive administrative and legal forms.

72-83 11
Abstract

The paper provides for the analysis of regulatory and institutional features of public law participation of the State in the model of international campuses in the Russian Federation. The study focuses on the dichotomy between the imperatives of ensuring national security, including mechanisms for monitoring the exchange of information and technology, and the need to maintain academic freedom as a fundamental principle that guarantees freedom of scientific research and international academic mobility. Public power faces the challenge of finding this balance through a combination of legislative, administrative and institutional measures that stimulate the development of science and education, but at the same time limit certain aspects of academic autonomy of universities in order to protect national interests. The paper presents an analysis of the conceptual foundations of the creation of international university campuses in Russia with an emphasis on the contradictions between the designated tasks. The empirical basis of the study is formed through the analysis of the current legislation of the Russian Federation, and examination of the practice of state participation as a public authority in the implementation of the campus model. The author elucidates the concept of campus as an object of public law regulation, analyzes the regulatory framework and identifies criteria for effective state participation as a public authority that implements national priorities in education and science in the campus. The paper explains such models of interaction between the State, business and universities as the «triple spiral», «pentaspiral» and «the knowledge triangle», the advantages and disadvantages of each of them. The paper provides for trends in public-power participation of the State in implemented campuses, including legislative regulation, public-private partnerships and the development of regional campuses.

COMPARATIVE STUDIES / COMPARATIVE STUDIES

84-96 18
Abstract

This paper analyzes the legal regulation of the processes involved in implementing «smart» technologies in agriculture in China. The choice of Chinese legislation as the subject of research is justified, including in the context of Russia’s Strategy for the Development of the Agro-Industrial and Fishery Complexes of the Russian Federation until 2030. The general trends in the development of legislation in this field in Russia and China are identified. Based on an analysis of doctrinal approaches by foreign researchers, the factors contributing to the accelerated development of agriculture in China are revealed, along with the impact of digitalization on the adoption of «smart» technologies in agriculture and methods for preventing rights violations arising from their use. Emphasis is placed on the trend of developing regulatory frameworks for agricultural digitalization in China, their thorough elaboration, including discussions on various standards and rules concerning the application of specific Industry 4.0 technologies used in agriculture. The authors argue for the relevance of studying China’s advanced experience in legal support for the implementation and use of Industry 4.0 technologies in agricultural activities. In particular, they consider it beneficial to adapt China’s regulatory experience in developing standards for the use of specific «smart» technologies in agriculture and provide reasoned arguments in support of this position.

97-110 21
Abstract

Conceptually, the tax legislation of all states and territories follows the same principles. However, there are differences, not only in taxation rules but also in that that the usual division of tax audits into on-site and desk inspections may not be clearly traced in national legislation. One such example is the tax legislation of the Republic of China, more commonly known as Taiwan. Its laws do not directly specify the types of tax audits. The legislation of this state is not codified, and provisions on tax audits are scattered across various regulatory acts. Additionally, there is a certain specificity in the terminology used. Examining the legislation and practices of foreign states is an effective way to identify what are known as best practices. Often, the experience of specific territories is more insightful than general information about statutory provisions from jurisdictions frequently featured in comparative legal studies. Primarily based on the provisions of various laws (regulations) and subordinate legal acts, the author attempts a comprehensive analysis of issues related to tax audits in the Republic of China (Taiwan), including the rights and obligations of the parties involved in legal relations. In conclusion, the study finds that the number of provisions in the Republic of China’s tax legislation associated with on-site inspections suggests their infrequent use in practice. This indicates that effective tax administration is possible even without this form of tax control.

111-126 17
Abstract

China’s regulatory approaches to open-source resources and software deserve special attention due to the widespread global use of Chinese-developed solutions. China’s activity in the open-source software sector surged in 2020, laying the foundation for the type of innovations seen today. By actively fostering an open-source development culture, China has provided a broad range of developers with access to AI tools rather than restricting them to a few dominant corporations. Within this context, the issue of protecting intellectual property rights over products created using or based on open-source software, particularly through generative AI, has become critical. It is important to recognize that copyright laws in a given country, governed by the territorial principle of IP protection, determine the specific regimes for the fair use of works, including computer programs. At the same time, it is impossible to ignore the fact that the use of open-source code and the development of AI-based solutions and services often involve creative efforts leading to new intellectual property. China’s approach addresses key legal challenges arising from the widespread use of AI systems. Given its model-like adaptability, it could serve as a reference for the development of AI legislation in Russia and across the BRICS nations as a whole.

GENOME / GENOME

127-142 18
Abstract

Advances in genetic engineering have enabled science to intervene in the natural processes of human conception, development, and the formation of personal identity. These developments are driving fundamental   shifts in legal anthropology, particularly in the understanding of human life as an absolute legal value. The application of traditional constitutional and legal norms that enshrine the first (classical) generations of human rights to relationships involving convergent technologies is often inadequate and fraught with contradictions. For instance, the emergence of CRISPR/Cas9 technology has brought to the forefront the issue of defining the legal personality of so-called «designer babies». This technology allows geneticists to edit parts of the human germline genome by deleting, adding, or altering DNA sequences. However, parental «customization» of a child’s somatic traits raises concerns about fulfilling parental demands that may carry potential harm of various kinds to the child and their personal identity. The authors advocate for an approach where the overarching principle in protecting the legal personality of children born via reproductive technologies should be the recognition of their status as the vulnerable party in legal relations complicated by genetic engineering. The study highlights, within legal anthropological methodology, both the interconnection and the distinction between the subject-level and personhood-level dimensions of human presence in law. Attempts to modify human nature and influence the personhood-level of existence underscore the urgent need for foundational cultural, bioethical, and normative frameworks to ensure adequate and effective legal regulation.

CYBERSPACE / CYBERSPACE

143-156 36
Abstract

In recent decades, the concept of sustainable development has increasingly been reflected in both foreign and Russian public law. The readiness of the domestic legal system to develop and implement its own   principles for applying this concept as well as to incorporate provisions from international instruments has grown significantly. A precursor to this work was the environmental legislation of the Soviet Union, which played an active role in the early stages of the global process to establish and widely adopt the sustainable development framework. Notably, despite the extremely challenging domestic political and economic situation in the 1990s, Russia adopted a presidential decree approving the Concept of Transition to Sustainable Development. This paper highlights key stages in the evolution of relevant legislation and examines the factors shaping its formation and effectiveness. A sustainable development model requires processing vast amounts of data and accounting for numerous variables that can only be planned and executed effectively through the digitalization of governance tools. A fresh perspective on sustainable development that broadens its interpretation and accelerates its integration into Russian law involves exploring the potential alignment, even equivalence, between the concepts of «national security» and «sustainable development». Security cannot exist without progress; stagnation poses significant threats to statehood, while sustainability inherently includes protection against diverse risks. Advancing these ideas could stimulate legal scholarship and practical efforts to expand and deepen sustainable development legislation.



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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)