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Vol 78, No 11 (2025)
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FUNDAMENTAL PROBLEMS OF THE LEGAL SCIENCE / PROBLEMA PRINCIPALE

9-33 46
Abstract

The paper is dedicated to analyzing the platform economy as a specific subject (or rather, a collection of interrelated subjects) of legal regulation, identifying problematic aspects in the formation of legal frameworks. The study reviews the historical development of approaches and actual regulation applied in Russia, analyzes the provisions of Federal Law No. 289-FZ «On Certain Issues of Regulating the Platform Economy in the Russian Federation» adopted on July 31, 2025; highlights the complexity of defining the term «digital platform»; and evaluates the structure of the law under consideration, compares the law with previously adopted laws regulating relationships among entities using platforms, between these entities and the person facilitating the platform’s functioning (the owner or operator), as well as other closely related relationships (or platform relationships). The terminology used in the law is also examined. The authors identify key regulatory problem areas that have emerged since the adoption of the law, namely, the multiplicity of definitions for the term «digital platform», as well as the existence of analogous terms (aggregator in consumer protection legislation). The authors believe it is necessary to conduct a review of the existing regulations, unify terminology where necessary, and eliminate the contradictions that have arisen.

PRIVATE LAW / JUS PRIVATUM

34-43 42
Abstract

At present, there is a growing demand for screenwriters, which confirms the relevance of this area of activity for creative professionals producing works in textual form, as well as the increasing commercialization of copyright by such individuals through the performance of work under author’s commission agreements and employment contracts. At the same time, disputes often arise regarding the classification of intellectual property results created by this category of individuals as works made for hire. The adoption of the professional standard «Writer» could contribute to resolving this issue. An analysis of the draft of this professional standard in conjunction with the provisions of current legislation suggests that its adoption will not infringe upon the copyright of non-professional writers and screenwriters, but will help define the scope of their official duties and, consequently, facilitate the resolution of disputes over works made for hire. It has also been established that intellectual property legislation does not provide screenwriters with the right to remuneration for public performance or communication to the public by broadcast or cable — the right that is granted to composers as a category of authors of audiovisual works. This creates an imbalance in the legal status of authors of audiovisual works.

44-53 39
Abstract

The digital platform economy is undergoing rapid growth, which makes the determination of the legal framework governing digital platforms increasingly important. It is evident that a digital platform cannot be treated merely as a simple object involved in civil law relationships. A digital platform comprises multiple structural components such as databases, websites, and software applications used for data processing and enabling user interaction, as well as ensuring the overall operation of the platform. Each of these components may fall under different categories of civil law objects. Nevertheless, they are all employed for a unified functional purpose. Accordingly, in the context of civil transactions, we may regard a digital platform as a complex object. Recognizing a digital platform as a single composite intellectual property asset allows for the consolidation of all its constituent elements under a unified rights management structure. In commercial use, digital platforms are typically individualized in the marketplace, meaning that distinctive signs — such as trademarks, service marks, or trade names — may form part of the platform’s overall composition. Furthermore, platforms defined in terms of information systems — including those integrating cloud-based services — may incorporate technical infrastructure as a structural element, enabling the functioning of the information system as a whole. In such cases, a digital platform may acquire the characteristics of a property complex, encompassing various categories of assets, including tangible property, proprietary rights, and exclusive intellectual property rights.

PUBLIC LAW / JUS PUBLICUM

54-69 25
Abstract

Over the past decade, the global academic community has increasingly focused its attention on the application of synthetic data in the public sector. This study, based on an analysis of scientific approaches and practices in foreign countries and the Russian Federation, substantiates the feasibility of using synthetic data in the activities of executive authorities. The author proposes the establishment of a legal regime for synthetic data as a tool for formalizing this generative intelligence technology. The content of this regime is presented through the characterization of its key elements: purpose, subjects, object, subject matter, principles, regulatory framework, system of behavioral rules for participants, methods and measures of enforcement, and liability. The author substantiated that the legal regime of synthetic data is a complex category that may incorporate certain administrative law regimes depending on the nature of the real data used. At the current stage of societal development, it is proposed to introduce the legal regime of synthetic data through the establishment of an experimental legal regime for digital and technological innovations. Priority measures have been formulated to facilitate the implementation of the synthetic data legal regime in the activities of executive authorities. The paper highlights the lack of specific legal regulation governing the introduction of synthetic data into the work of executive authorities.

70-80 18
Abstract

The article is devoted to an analysis of the prospects and potential problems of the financial and legal regulation of public cryptocurrency reserve funds. It examines the concept of public financial reserves and concludes that such reserves consist not only of cash (in domestic and foreign currencies) but also of other liquid assets. Cryptocurrency (digital currency) can potentially serve as a reserve asset. The paper studies U.S.experience related to the establishment of the Strategic Bitcoin Reserve and the U.S. Digital Assets Reserve, revealing the features of the formation and management of these funds. The author concludes that developing economies have been the first to take an interest in the U.S. experience, while developed economies remain cautious about this practice. In Russia, cryptocurrencies could theoretically be included in a sovereign fund (the National Wealth Fund), in gold and foreign exchange (international) reserves, or in a separate fund (or funds). However, implementing any of these options is impractical due to both the volatility of digital currencies and substantial sanctions-related risks. At the same time, it is necessary to establish procedures for handling confiscated cryptocurrencies and cryptocurrencies otherwise acquired by the State in order to improve the rational management of public financial resources.

81-95 24
Abstract

Russian law shows an expansion of legal principles. Practice of their application indicates that the classical understanding of principles no longer fully corresponds to changed economic conditions. The author examines problems existing in defining the content of the principle of good faith, linked to the delineation of various criteria of good-faith conduct, the determination of which for banking activity poses difficulties in law enforcement practice. Courts do not always promptly opt to protect the rights of consumers of financial services. The paper notes that the large-scale transformation of banking operations has given rise to new types of unfair practices carried out by banks. This is primarily due to a decline in their income from traditional banking operations, which has driven credit institutions to seek profits from other sources, namely, non-banking services. The author identifies two new directions of banks’ activities that have increased profitability: 1) intermediary activity in non-banking markets, including within banking groups (holdings); and 2) introduction of remote banking services through technological modernization of banking offerings, which has broadened unfair practices by reducing consumer awareness and understanding of banking operations.

96-109 17
Abstract

The paper analyzes the issues of legality and expediency of holding state and municipal employees disciplinarily liable for the occurrence of incidents and other negative phenomena within their area of responsibility. From the standpoint of organizational and legal effectiveness, the author examines the grounds for bringing employees to disciplinary responsibility, identifies the relationship between standard formulations of public officials’ duties and the occurrence of incidents, other negative phenomena, and the dynamics of growth in negative statistical reporting indicators. It is noted that in some cases there is an objective imputation where employees are held responsible for breaching their duties without proof of fault. The author identifies the following causes of this dysfunction: the element of discretion inherent in every public authority manager, the underdevelopment in Russian labor and administrative law of issues concerning the adequacy and legality of managerial measures, and the corporate ethics of government officials. Sometimes, for public officials, the expansion of the boundaries of administrative regulation turns from a means of managing public relations into an end in itself. To identify the causes of this defect in managerial activity, the study examines the historical prerequisites and corporate behavioral standards of the Russian bureaucracy, materials from judicial practice, and data from sociological and psychological research.

COMPARATIVE STUDIES / COMPARATIVE STUDIES

110-129 11
Abstract

A comparative legal analysis of the legal regulatory systems for energy resource markets in the member states of the Eurasian Economic Union has revealed general and specific trends in the development of legal regulation for relations concerning energy (energy resources) and has identified certain directions for the convergence of national legislations of the EAEU member states in the energy sector. The general trends in the development of the system of legal regulation of energy resources markets in the EAEU Member States, in particular, include: the development of competition and market relations in the energy sector; facilitation of new energy technologies; greening energy; the development of the nuclear industry; the complexity of legal regulation of relations in the energy sector. Despite the coincidence of the main directions of energy development and their corresponding legal forms and mechanisms, the state, level, and completeness of legal regulation of market relations in the energy sector in the EAEU member states vary. The legal paradigm of the energy sector of the EAEU member states is characterized by a focus on creating conditions for the development of competitive traditional and new energy sectors, and a gradual transition from predominantly public law to sustainable private law regulation of energy markets. The similarities and differences in legal approaches actualize the tasks of developing national systems of legal regulation of energy resources markets in order to preserve energy sovereignty without hindering the harmonization of energy legislation of the countries of the Eurasian Economic Union and the creation of common energy markets of the member states.

INTERNATIONAL LAW / JUS GENTIUM

130-142 22
Abstract

When an economic entity concludes and implements a monopoly agreement, the antimonopoly authority issues an order to stop illegal behavior, confiscates illegally obtained income and imposes a fine. At the same time, the confiscation of illegal income and the imposition of a fine are independent, but accompanying measures of responsibility, which in principle are subject to joint application. However, in practice, given the difficulties in accurately identifying illegal income, an approach is often used whereby an administrative fine absorbs illegal income. When calculating the amount of the fine, the statutory concept of «revenue for the previous year» should be understood as the total revenue of an economic entity in mainland China for the previous calendar year, and not just revenue received from the sale of goods or services related to monopolistic behavior. This interpretation is the result of a systematic analysis of the provisions on liability for monopolistic actions, regulatory objectives, a low percentage penalty limit, as well as a comparative legal analysis of the legislation of other countries and seems optimal in the context of current legal regulation. When determining the specific percentage rate of a fine, the antimonopoly authority has discretionary powers and must take into account the degree of harm caused by monopolistic behavior, the subjective guilt of the business entity, as well as whether the amount of the fine will have the necessary deterrent effect to eventually ensure compliance between the severity of the offense and the measures of responsibility.

CYBERSPACE / CYBERSPACE

143-153 19
Abstract

For the first time in the  Russian legal literature, the paper examines the legal nature of IT assets. Approaches to understanding IT assets in the economic sphere and in the field of information and telecommunication relations, as well as in current Russian legislation, are considered. From the perspective of public law objectives, this category is primarily distinguished to separate the objects of information infrastructure that are created for the purpose of digital transformation in the system of both state and municipal governance. It is concluded that the definition of IT assets for the purposes of carrying out activities for the digital transformation of the public (municipal) management system can be used in general for use in the public sphere. It is proposed to consider IT assets as an object of public law relations as a set of information technologies and systems, components of information and telecommunication infrastructure, information and telecommunication networks, software, hardware and software complexes, as well as individual computer programs and equipment used as IT infrastructure of subjects of public law relations for the implementation of assigned functions. They have legislative authority and support for their digital transformation activities. It is concluded that IT assets as an object of information legal relations should be considered from the perspective of an infrastructure facility that is clearly delineated from information. IT assets as an object are designed to perform certain actions with information. From the perspective of the private law nature, IT assets are most often individual intellectual property objects, complex intellectual property objects, or complex objects that include things and intellectual property objects.

154-169 22
Abstract

In medical practice, a situation requires legal and bioethical justification when a doctor decides on the choice of treatment tactics based on data that becomes available due to the development of artificial intelligence systems and which he is unable to verify himself with a reasonable investment of time, material and other resources. The field under consideration is fundamentally different from the field of verification and administrative procedures for recognizing medical devices that comply with technical regulations, since it does not eliminate the question of to what extent a doctor can legally rely on data from artificial intelligence systems, if, for example, they are counterintuitive. The involvement of artificial intelligence systems cannot be recognized as a trivial evolution of diagnostic technologies that exceed human capabilities, since there are questions about the rotation of expert opinions in the protocol of medical research, as well as the procedure for resolving contradictions. The authors present a study of the legal regulation of the use of artificial intelligence systems in the field of medical diagnostics, based on the analysis of regulatory material, scientific literature, own medical and legal practice. Based on an interdisciplinary approach, integrative solutions to problematic issues aimed at improving regulatory framework in a relatively new area of legal relations in the field of health are proposed. The authors consider the criteria for evaluating the effectiveness of medical solutions and the conditions for the onset of civil liability

170-178 23
Abstract

The effectiveness of judicial proceedings conducted by justices of the peace is an urgent theoretical and practical problem of the civil procedure. The paper indicates that the digitalization of world justice can be implemented according to two models. The first model is being implemented in the People’s Republic of China, and it aims to transfer proceedings that are under the jurisdiction of justices of the peace in Russia to an online format. The second model, as the author suggests, is more flexible. It will make it possible to realize the potential of world justice in the best possible way, provided that the legislator takes into account both the proposals to change the generic jurisdiction expressed by researchers and possible innovations in the course of the trial. In many ways, such innovations place the choice of the trajectory of the case on the parties, and an online trajectory beneficial to the judicial system should also be beneficial to users, which can be provided with a number of procedural benefits — payment of state fees, requirements for citizen representatives, etc. Judicial precincts of magistrates can serve as a springboard for exploring the possibility of introducing similar dispositive principles of the process into dispute resolution in federal courts.



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