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Vol 78, No 10 (2025)
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PRIVATE LAW / JUS PRIVATUM

9-20 284
Abstract

The relevance of the paper lies in the study of key parameters of accompanied transactions within the framework of the state defense order, aimed at their proper legal qualification among other contracts in modern civil circulation. There are no scientific works on this issue in contemporary civil law scholarship. The purpose of the research is to justify the reasons for the emergence of such a category of transactions in civil circulation and to identify their negative characteristics. The author sees the task of the article as justifying the fundamental permissibility of expanding the composition of participants in accompanied transactions by including individuals. The author analyzes the application of accompanied transactions by entities within the defense industry complex. Methodologically, the paper employs a range of general scientific methods (analysis, modeling, analogy, hypothesis), specific scientific methods (formal-logical, systemic, functional), as well as formal-legal and legal modeling methods. The results of the research led to the conclusion that the system of accompanied transactions in the state defense order will be phased out in the short term due to the introduction of the digital ruble. The digital ruble effectively duplicates any form of accompaniment (whether treasury or banking). The author outlines relevant directions for improving contracting in relationships concerning the state defense order.

21-43 257
Abstract

The paper analyzes the social and value-based foundations that determine the implementation of family law contracts and their integration into social structures. The study has established that each contractual function possesses a social basis, which manifests in the following ways: 1) the contract is a natural and inevitable outcome of human interaction and information exchange; 2) it serves as a means to achieve compromise, thereby contributing to the ordering of relationships; 3) it implements the result of either a search for or an independent development of a legal framework by the parties; 4) it acts as a tool for harmonizing the interests of participants, defining and recording a common objective, consolidating their efforts to achieve that goal, as well as economizing various resources and ensuring security; 5) it constitutes a mechanism for delineating rights and obligations arising from the parties’ agreement; 6) it serves as a factor for ensuring and protecting the rights and legitimate interests of both the participants in contractual relationships and third parties; 7) it represents a resource for preventing and resolving conflicts. The author demonstrated that the value-based foundation for the functioning of family law contracts encompasses: 1) the sovereignty and autonomous will of the parties, as the contract represents a form of the manifestation of legal capacity, the indicators of which are freedom and responsibility; 2) the autonomy and independence of the family as a social institution; 3) the limitations of contractual freedom governed by considerations of public benefit, safety, and prevailing ethical norms; 4) the equal moral dignity of the parties, taking into account the factual differences between them and the potential dependency of one family member on another; 5) the acceptability of a retributive justice framework within the family law sphere, characterized by a humanistic orientation, manifesting in two aspects: a) the proportionality of punishment to transgressions with a possibility for mitigation in the interest of the family; b) the principle of responding with good to good, which fosters altruistic behaviors within family legal relationships; 6) justice as the achievement of a balance among the interests of individual family members; the consideration of family interests as a social group; the alignment of family interests with those of society and the state; and the assurance of harmony between individual (personal) values and family values.

CRIMINAL LAW SCIENCES / JUS CRIMINALE

44-57 214
Abstract

The paper analyzes the use of official forms of procedural documents in pretrial proceedings in criminal cases. Based on an examination of authors’ positions and the legislation of post-Soviet countries concerning the approval of official pretrial forms at any level, the author concludes that such forms should be officially approved by a subordinate interagency regulation. At the same time, given the development of digital technologies, merely approving the forms cannot be considered sufficient. Drawing on foreign experience, the paper argues for the creation of a document constructor for the automated generation of pretrial procedural documents and proposes requirements for the content of that information system: templates of procedural document forms; ready-made examples of crime descriptions connected with the specific paragraph, part, and article of the Criminal Code of the Russian Federation (for example, for drafting an indictment); automatic preliminary determination of the legal classification of the act based on data filed by the official conducting the preliminary investigation; connectivity to various government registries and databases; freedom to make decisions and full control, especially over the narrative-and-reasoning section of court decisions; the use of non-generative artificial intelligence methods (without creating new text); and the ability to search a database of previously created and anonymized pretrial procedural documents to find the most suitable examples for drafting the narrative-and-reasoning section of a judgment.

PUBLIC LAW / JUS PUBLICUM

58-68 265
Abstract

The paper examines the conceptual aspects of the organizational and legal framework for regional security within the entities of the Russian Federation. The author emphasizes that each region of the country has specific objects that are of vital interest to both the region and the federation as a whole. These objects necessitate the primary implementation of security measures and special resource allocation at all levels of government, which embodies the essence of regional security. A significant role is played by the threat-generating factors characteristic of each region, which act as determinants of regional safety threats and, consequently, national security. Important considerations include geographical, climatic, socio-economic, cultural-historical, religious, and other factors specific to the region. These regional characteristics must, and should, be taken into account when ensuring regional security. The paper notes that in the context of constitutional delineation of subjects of legal jurisdiction and authority in the field of security, public safety and its subcategories, such as fire safety, environmental security, and road safety, are primarily ensured at the regional level. The author asserts that to date, there is no unified conceptual system for the legal provision of regional security in Russia; the existing mechanism, characterized by a high degree of decentralization, suffers from several issues and shortcomings that negatively impact security provision across various regions of the country and the national security as a whole. Based on a comparative study of the challenges faced by the governmental bodies of the subjects of the Russian Federation in exercising their authority, the author identifies and outlines key problems and proposes legal measures for their resolution.

69-81 160
Abstract

The paper examines the specifics of how federal executive authorities exercise their powers in providing public legal education to the population in the context of ensuring internal state sovereignty. It distinguishes between legal education carried out in various sectors and general public legal education aimed at groups such as youth and migrants. The study analyzes the directions and forms of this activity and concludes that federal executive authorities still pay insufficient attention to public legal education: their related powers are presented piecemeal in statutory legal acts; in particular, ineffective outreach methods are used, and in some areas such education is not carried out at all. Moreover, no regulatory act has been adopted to systematize this type of activity by federal executive authorities. In conclusion, although there has recently been a tendency toward improvement, efforts remain inadequate for the public legal education carried out by federal executive authorities to function as an effective tool for ensuring internal state sovereignty.

COMPARATIVE STUDIES / COMPARATIVE STUDIES

82-89 181
Abstract

The paper analyzes the impact of the sociocultural and regulatory dimension on the sphere of social trust in the experience of Chinese society. The study of the interaction between law and trust as in the case of Chinese society shows the integration of traditional and innovative aspects; the legal institutionalization of trust is carried out with the supporting function of traditional values. Trust itself acts as a mechanism that ensures the functioning of legal, political, and economic relations. A study of China’s experience shows the importance of a social trust resource in shaping and ensuring the development of legal, political, and economic institutions. Trust allows the Chinese public system to effectively manage, minimize the risks of external influence, and increase the efficiency of processes. The analysis of the Chinese example shows the key role of the sociocultural potential of society in the formation of a unique space of trust within the country and its impact on the construction of foreign policy relations. Trust allows us to achieve and implement the key principles of international communication, namely openness, transparency, explainability, while maintaining a balance of internal and external, security and development. According to the author’s position, these approaches have prospects of application in Russia.

90-106 212
Abstract

The paper analyzes the legal regulation of scoring models in the USA and the EU. It examines specific issues of personal rating using automated systems: information sources and requirements for it, legal grounds for data processing, transparency of scoring models; legislation on the regulation of artificial intelligence systems is evaluated from the perspective of its effectiveness in ensuring the protection of human rights. Attention is being paid to the issue of unfair data processing practices, including the use of scoring models by data brokers in the United States, which is caused by an ineffective «patchwork» approach to legal regulation. It is concluded that in the digital space consent to the processing of personal data, including the allocation of a special one for the use of fully automated systems, has lost its value and the American approach to granting the right to refuse automated processing is preferable. The author substantiates the special importance of the legal reflection of the principles of reliability and completeness of the information underlying the scoring model, as well as the assessment of the quality of data used to develop an artificial intelligence system. The conclusion is made about the insufficient legal elaboration in the European legislation of the duties of the operator of the artificial intelligence system to ensure impartiality when working with the system. The author addresses specific problems of digital scoring, i.e., personal rating using digital footprints. Based on law enforcement practice, the amount of information to be disclosed in connection with the use of scoring models, including derived data, has been determined.

PHILOSOPHY OF LAW / PHILOSOPHIA LEX

107-116 177
Abstract

The paper analyzes the strategy for improving the Russian criminal justice system in the context of the digital transformation of society and the state as a complex and multifactorial process determined by the interaction of law enforcement agencies with society, its structures and institutions, as well as with public administration structures at various levels. The paper focuses on the potential of social philosophy, philosophical anthropology, jurisprudence, sociology, political science and other branches of socio-humanitarian knowledge to form a conceptual foundation for the development of Russian criminal justice in the context of the digital transformation of society and the state as an interdisciplinary and multilevel theoretical system of fundamental importance in the consideration, explanation and prediction of processes and phenomena in this field. The paper separately considers various subsystems of society and spheres of social life from the point of view of changes in the sphere in which these subsystems perform the functions of adaptation, goal setting, integration and maintaining a pattern in the context of digital transformation of society and the state, and analyzes the changes caused by this transformation. Fundamental importance is attached to the topic of the intrusion of digital reality, its structures and institutions into the deepest layers of human existence and the possibility of protecting the individual from such intrusions by means of legal regulation of the «personality — culture» and «personality — society» systems. The paper provides a separate analysis of the socio-philosophical foundations and methodological guidelines for the study of the conceptual definition of the goals and means of Russian criminal justice in the context of the digital transformation of society and the state.

CYBERSPACE / CYBERSPACE

117-126 217
Abstract

The paper examines the general theoretical and civilistic construction of subjective law. Analyzing the general options for possible behavior of legal entities, such as the right to commit their own actions, the right to demand the fulfillment of a legal obligation, the right to apply to a competent state body for protection, the author concludes that the structure of legitimate behavior of participants in civil transactions in relation to digital objects is identical. In order to clarify the foundations of the functioning of the digital environment and the specifics of the protection of subjective rights in the digital environment, the extrapolation method is used and the possibility of extending the general civil law principles to relations arising in the digital space is considered. The paper substantiates the expediency of applying general civil law principles to disputes arising in connection with the violation of subjective rights in the digital environment. At the same time, the author argues that such principles do not take into account all the specifics of the interaction of subjects, and therefore formulates special principles: the principle of total accounting for actions, the principle of using agreed technologies, and the principle of access control. The paper also provides a scientific search for an answer to the question of whether the grounds for the emergence of subjective rights coincide with the grounds for their protection. The author substantiates the affirmative answer in connection with the correlation of new objects of civil transactions with the general provisions of civil law. The author formulates additional conditions for the implementation of the mechanism for the protection of the relevant digital right.

127-145 212
Abstract

In the context of industry 4.0, technological progress is the main vector of industrial development. The state’s energy industry is rapidly progressing, primarily due to the formation of new-generation intelligent power grids based on advanced two-way communications between elements of electric networks, electric power plants, storage sources and consumers (Smart Grid). However, the new energy concept of energy transmission and distribution is associated with certain risks. Cybersecurity threats occupy a special place among the latter due to the increasing level of computerization and intellectualization of energy. Russia’s energy systems are increasingly being subjected to cyber attacks in the context of armed conflict and sanctions policy. In relation to the functioning of energy sector enterprises, critical information infrastructures are one of the key targets of cyber attacks. Since its launch, these attacks have been carried out by cyber-mercenaries (and their groups), who are attracted by various unfriendly and banned structures in Russia in order to destabilize the energy system of our state. Since the national security of the country depends on the functioning of critical information infrastructure facilities, the issues of timely suppression of such attacks are becoming relevant.



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