IIMPROVEMENT OF LEGISLATION / NOVUS LEX
The paper critically examines the provisions proposed in the Draft Law on the Regulation of Artificial Intelligence Technologies that would impose property (civil) liability on developers, operators, and users of AI technologies on the basis of the principle of fault, and argues that such technologies should instead be treated as sources of heightened danger. It also demonstrates the impropriety of granting broad authority for the free (non-contractual) use of protected creative works, including subject matter protected by copyright and patent law, and criticizes the draft law’s failure to include specific provisions on the international legal protection of outputs generated through the use of AI technologies. The paper further analyzes the civil law framework governing relations involving the use of cryptocurrency as natural obligations. As a general conclusion, the author argues that there is neither a distinct civil law regime for «digital rights» («digital property») nor an autonomous branch of «digital law» and, accordingly, no need for its codification. The paper is based on the author’s paper presented at the First International Conference on Theory and Practice, «Digitalization of Civil Turnover: Problems and Prospects for Development», held on April 17, 2026, at Kutafin Moscow State Law University (MSAL).
TO THE MEMORY / IN MEMORIAM
The paper is devoted to the methodological innovation proposed by Professor V. V. Lazarev, namely, the use of the concept of the Frontier in addressing fundamental problems of legal scholarship. It presents the author’s own account of how the concept of the Frontier may be employed in theoretical legal research, demonstrates how the analytical tools associated with this concept can enrich the methodological framework of the theory of state and law, proposes new perspectives for the study of legal genesis and the adaptation of law to contemporary challenges, and outlines prospects for the development of a legal concept of the Frontier. The paper argues that the Frontier concept possesses substantial heuristic value for the analysis of contemporary state and legal realities. It may be applied across a broad range of theoretical legal issues, from the study of the boundaries of legal regulation to the analysis of interactions among legal systems, cultures, and normative orders. Its use makes it possible to capture the dynamics, transitional states, and dialogic nature of modern legal phenomena and to shift attention from established, institutionalized forms of law to the processes of their emergence and transformation at the margins of legal regulation. The development of the Frontier idea into a theoretical framework creates the doctrinal preconditions for the formation of its legal concept. The study is based on the author’s paper presented at the plenary session of the Thirteenth Annual Meeting of Legal Theorists, held in Moscow at the Institute of Legislation and Comparative Law under the Government of the Russian Federation on February 25, 2026.
PRIVATE LAW / JUS PRIVATUM
The article analyzes family relations from the perspective of the formation, preservation, and reproduction of rules of conduct and systems of values. The author proceeds from the premise that the family reflects broader trends in social development and serves as a repository of moral and ethical principles. The preservation and transmission of such normative commitments occur at the level of family relations. Family relations are governed by a variety of social regulators, and the use in contemporary legislation of such terms as «traditional values» and «traditional family values» confirms both the significance and the regulatory force of unwritten norms. Against this background, the author examines a number of categories, including tradition and morality, through the lens of family relations. The article argues that social regulators should be divided into basic (or fundamental) and derivative regulators, with tradition and morality understood as foundational regulators that serve as the basis for the development of the regulatory system. Changes in attitudes toward the institution of the family may lead to a transformation of these basic regulators, and such transformation may be either evolutionary or destructive for the system of values. Particular attention is paid to traditional family values and to their defining characteristics. The article substantiates the importance of family relations for the formation of social regulators, assesses the role of custom in the sphere of family relations as the oldest form of regulation, and emphasizes that the emergence of the family gave rise to the need to regulate social relations. In conclusion, the author identifies the moral and ethical functions of the family.
PUBLIC LAW / JUS PUBLICUM
The emergence of synthetic data marks a significant stage in the development of generative artificial intelligence. Synthetic data is a rapidly evolving field that offers both solutions to a wide range of problems associated with data scarcity and potential technical, organizational, and economic risks. Of particular importance are the legal risks associated with the use of synthetic data in the activities of executive authorities, since such bodies are responsible for implementing public policy in socially significant areas, protecting individual rights and freedoms, and safeguarding national and information security. Based on an analysis of both foreign and Russian scholarly literature, the study identifies the principal legal risks arising from the use of synthetic data in the work of executive authorities. These risks include the evasion of official accountability where decisions are made on the basis of «low-quality» synthetic data; the falsification of documents through the use of synthetic data; the dissemination of misinformation to the public; and violations of information protection legislation. The article argues that the principal means of mitigating these risks lies in the adoption of a regulatory framework governing the generation and use of synthetic data in the activities of executive authorities through the establishment of a legal regime for synthetic data, including the mandatory specification of liability measures applicable to officials authorized to work with such data.
The study is devoted to an analysis of the phenomenon of legal trust in the organization and functioning of public associations as important actors in both private and public legal relations. The article focuses on the legal nature of public associations, their functions, and the forms of internal interaction among participants (members). Particular attention is given to the analysis of Federal Law No. 82-FZ of May 19, 1995, «On Public Associations», and Federal Law No. 7-FZ of January 12, 1996, «On Non-Profit Organizations». The author concludes that current legislation, together with the internal rules of such associations, provides legal structures and mechanisms designed to ensure legal trust in the organization and operation of public associations, the foundation of which is the principle of trust. The article identifies three models for implementing the principle of trust in the internal governance relations of civic associations, based on the presence of guarantees of independence, the degree of interference, and the extent of organizational autonomy. Legal trust in public associations is secured through the provisions of their charters. More broadly, the internal organization of public associations, as well as the formation and maintenance of their corporate and organizational culture, is to a significant extent grounded in the principle of trust.
Access to land resources plays a critical role in ensuring women’s economic independence, social security, and participation in decision-making. Yet, in many regions of the world, women continue to face substantial barriers to the realization of their land rights, thereby undermining efforts to achieve gender equality. In most European countries, the principle of gender equality is formally consolidated in legislation, granting women legal rights equal to those of men to own, use, dispose of, and inherit land. In practice, however, significant inequalities persist. In Africa, the problem of women’s land rights is more complex and multidimensional. In many countries of the region, dual legal systems operate in which formal legislation coexists with customary norms that are often rooted in patriarchal traditions. Within such customary systems, women are generally denied rights of landownership or inheritance. A common problem across countries in Asia and Africa remains: women insufficiently participate in decision-making processes relating to land governance, they are limited in access to financing, training, and agricultural resources. Thus, despite the differences between Europe and Africa, the underlying nature of the problem lies in the unequal distribution of resources, persistent stereotypes, and structural barriers that prevent women from realizing their full potential and role in land governance. The paper argues that addressing this problem requires attention to regional specificities, revision of legal norms, expansion of educational programs, and the active involvement of local and international organizations in dismantling the structural barriers that impede women’s access to land.
The study identifies procedural problems associated with spousal reconciliation in divorce cases in contemporary Russia, taking into account the historical experience of the USSR. The authors analyze current legislative initiatives proposing that courts be entrusted with duties aimed at reconciling spouses who have common minor children through the provision of social and psychological services. The scientific novelty of the paper lies in its interdisciplinary analysis, carried out through the prism of historical and legal experience, of the impact of a more complex judicial divorce procedure on divorce statistics and family preservation. Relying on Soviet statistical data, the authors demonstrate that a more detailed legislative regulation of divorce proceedings, initially oriented toward preserving the family, does not ensure any significant reduction in the number of divorces and, in practice, tends to encourage a formalistic judicial approach to the task of promoting reconciliation between the parties. The paper highlights the insufficient practical implementation of conciliatory procedures, including mediation, which is capable of effectively resolving family conflicts. Historical and legal analysis shows that, during the Soviet period as well, the mandatory publication of information on divorce, increased state fees, and two-stage judicial consideration of divorce cases failed to produce meaningful results, instead generating a formalized character of reconciliation and increasing the judicial workload. The authors reject the thesis that a radical complication of divorce proceedings is necessary, emphasizing instead the priority of the principle of voluntariness of the marital union and the practical importance of the «soft mandatory» use of mediation. The study concludes that excessive state intervention is inadvisable and that the availability of social and psychological services at the pre-trial stage is of particular importance. The practical value of the research lies in its proposal of specific measures to improve the application of reconciliation procedures in judicial divorce proceedings.
CRIMINAL LAW SCIENCES / JUS CRIMINALE
The work contains a commentary on the main provisions of the new Criminal Code of Armenia on liability for crimes against property. The main attention is given to articles cointained in Chapter 30 «Misappropriation», a comparative analysis of which is carried out taking into account the relevant provisions of Chapter 21 «Crimes against property» of the Criminal Code of the Russian Federation. In addition to theft, robbery, armed robbery, fraud and conversion known to Russian legislation, the Criminal Code of Armenia classifies computer-related theft as a form of misappropriation. Unlike the Russian law, the Armenian legislator excluded embezzlement from the list of forms of misappropriation. Besides, fraud, which is not defined as the acquisition of property by deception or abuse of trust, is formulated solely as a form of misappropriation, and the corpus delicti of robbery have been transformed from an inchoate crime to a substantial one. At the same time, the Armenian legislator excluded violence from the list of signs of robbery. Attention is given to the absence of special articles on misappropriation in Chapter 30 of the Armenian Criminal Code, which are traditionally distinguished in Russian criminal legislation according to their amount. Armenian law also does not recognize special subjects of theft, in particular gas, oil, electronic money and digital currency. At the same time, the Code provides a definition of the general concept of misappropriation, which does not mention profit motive. The author concludes that new, often original solutions to the well-known problems of liability for crimes against property contained in the current Criminal Code of Armenia deserve attention for study and evaluation by Russian specialists.
The paper is devoted to the study of the problems of financially motivated and financially motivated violent crimes conducted by juvenile offenders. The study is based on an analysis of statistical indicators of convicted minors for such crimes, taking into account the determining factors behind their commission. The authors used a method of generalization and analysis of statistical and theoretical data, as well as judicial practice data. The analysis resulted in the conclusion that, along with the downward trend in overall juvenile delinquency, there has been an alarming increase in financially motivated and financially motivated violent crimes committed by minors. It is concluded that there is an urgent need to develop measures to optimize the mechanism for countering crime, primarily of a financially motivated and financially motivated violent nature, due to its sustainability. The main directions of the prevention of juvenile delinquency are given, and the need to develop a more advanced mechanism for the interaction of all subjects of preventive activities with each other is emphasized, since preventive measures can be effective only with an integrated approach. Among such measures, the most important is the early prevention of juvenile delinquency, which consists in strengthening the role of the educational process in the education of children and youth.
The paper examines the psychological aspects of the digital transformation of crime detection and investigation taking place during the formation of the digital economy. In the course of the study of the subjective psychological causes of digital inequality (digital failure), the psychotypes of citizens in relation to digitalization are differentiated and the main fears of citizens associated with the adoption of the digital world are identified. The author also examines the specifics of digital communication of participants in criminal proceedings. The paper pays particular attention to specific psychological and other factors affecting the investigator and reducing the effectiveness of the digital transformation of the investigation: cognitive overload, tunnel thinking, the need for a comprehensive legal and technical knowledge and competencies of the investigator, transformation of the investigator’s mentality and forensic thinking. The study emphasizes that the development of data-centric ideas related to obtaining information about the object of study from digital sources will contribute to the creation of a digital psychological profile and the identification of communication patterns. However, these same perspectives pose ethical and psychological dilemmas for the investigator, due to the need to determine the balance between the scope and limits of evidence on the one hand and the secrecy of the private life of the participant in the proceedings on the other hand. The paper also focuses on the effect of changing roles in digital transformation. In addition, certain psychological aspects of the production of investigative actions in remote mode as an element of digital transformation are considered. During the study, 200 people of different socio-age characteristics were interviewed.
Throughout the development of the forensics, crime prevention has been repeatedly included and excluded from its subject. The uneven historical development of forensics-based crime prevention requires reflection in order to understand its role in the present period and the prospects for development. The history of the emergence of forensics-based crime prevention in the subject area of the science of criminology, giving it the status of a private criminalistic theory, in many ways testifies to the importance of activities to prevent the commission of crimes using methods not only criminology, but also forensics. In addition, the analysis of the historical development of forensics-based crime prevention is an integral component of understanding the current tasks of this institution and the basis for its future development. The study of the genesis of the private theory of forensics-based crime prevention in Russia has made it possible to trace its more than a century-old history of emergence and formation, to conclude that the legal regulation of prevention correlates with scientific discussions regarding the inclusion of prevention in the subject area of forensics, to formulate the concept, tasks and forms of its implementation at the present stage. The analysis made it possible to formulate the basics of an approach to the concept of forensics-based crime prevention, the impact on its content of the nature of crime of a particular historical period, and to determine the place of prevention in the subject of forensics.
THEORY OF LAW / THEORIA LEX
The paper examines the current trend in modern Anglo-American scientific discourse— exclusionary legal positivism. It is established that this trend was the result of the natural development of the conceptual provisions developed in the Anglo-American positivist doctrine by the efforts of jurists led by Herbert Hart. These provisions include the thesis of social fact, according to which law is a formal public institution that develops in public practice; the thesis of conventionality, according to which such facts are based on social convention in the practice of officials; the thesis of separation, which establishes the need for a conceptual distinction between law and morality, as well as independence of legal reality from non-legal arguments. The latter thesis has become the most difficult to defend against criticism, which was spearheaded by Ronald Dvorkin. The response to this criticism led to the formation of an exclusionary legal positivism, which, taking a defensive position, set the task of formulating counterarguments. An analysis of the views of the leading exclusionary positivists made it possible to formulate a conceptual understanding of the trend as a theory that understands law as a formal institution in a system of social facts that provide individuals with grounds for actions that can be identified among other regulatory regulators based on their origin from official authority, without resorting to value judgments. The arguments put forward by the direction and the context of its positioning in scientific discourse are of significant cognitive interest for the modernization of Russian doctrine and the formation of a forecast for the development of the discussion on the integrative foundations of legal understanding.
ISSN 2686-7869 (Online)





















