The subject. The issue of the modern value of theoretical and historical sciences is considered. It is proved that these sciences continue to be irreplaceable for the development of legal ideas, legal values, general legal dogma, fulfil a certain role as the basis of law-making and lawenforcement practice. The competence approach implemented in higher education should not lead to the reduction of theoretical and historical knowledge. At the same time, the assessment of modern research in the field of these sciences for their relevance and scientific novelty depends on the extent to which these studies actually contribute to the development of legal ideas (legal values) and general legal dogma applied in practice. 

The purpose of the article is to substantiate the importance of theoretical and historical sciences in the field of legal science as a whole at the current stage of its development. Methodology. The following methods were used: combination of dialectical method with the methods of formal logic, formal legal and comparative legal analysis.

Main results. It seems that the question about the expediency of studying theoreticalhistorical sciences in the educational programmes for legal specialties should be answered affirmatively, as they remain relevant and practically applicable and will continue to be in the future. Despite the fact that today there is a controversial but widespread view stating that theoretical and historical sciences are no longer able to respond to the relevant challenges and have a significant disconnection with practical jurisprudence, lawyers nowadays still should be taught to think, to analyse legal acts and other legal information,

The subject. The relevance of the topic chosen by the author of the article lies in its understudied nature in Russian historical and legal scholarship. While contemporaries may study the issue more broadly from a medical or forensic perspective, or delve deeper into legislation from the nineteenth century and Soviet periods, the author's article focuses on a specific aspect of this topic that has not been extensively explored.

The purpose of this article is to examine the development of abortion legislation in relation to changes in human ideas about the world and social order, the complex structure of society, and changes in the system of inheritance in society.

The research methodology is based on the fundamental principles of historical and legal knowledge: historicism and objectivity. While working with historical legal documents, the specific characteristics of law and legal thinking in the studied time period and the national legal traditions of the country were taken into consideration. Comparative legal analysis, system analysis, and interdisciplinary research methods were also employed.

Main results. The article provides examples of changing attitudes towards abortion through

The subject. Social competition is a complex phenomenon, a property of social processes that ensures the sustainable development of society, legitimacy, security and competitiveness of the state. Its most important component is personal competition aimed at a fair and effective distribution of social positions in the process of social selection. 

The purpose of the article is to form approaches to the study of the legal concept of social (personal) competition. 

The methodological basis of the research consists of the principles and categories of materialistic dialectics, systematic, formal-logical and formal-legal methods. 

Main results. The main theoretical provisions of the legal concept of social (personal) competition are described. The key element of the system of relations of social selection are social positions as the object, what these relations arise about. Having received legal consolidation in legislation, a social position acquires the form and content of a legal status. The qualitative and quantitative diversity of social positions determines the entire structure of the system of social selection relations. Depending on the legal conditions of access to a social position, selective and non-selective ones should be distinguished. A legal procedure of competitive (competitive) selection has been established for the occupation of selective social positions, no such procedure has been established for non-selective social positions. Certain conditions may be provided for the occupation of non-selective social positions (reaching a certain age, having a certain education, professional training, etc.).

Conclusions. The legal concept of social (personal) competition is based on a typology of social positions, as well as a number of key factors, including the optimal balance of selective and nonselective social positions. Such factors are an optimal balance of selective and non–selective social positions; a fair system of personal preferences and restrictions when taking up social positions; the ratio of objective and subjective criteria for competitive selection; the possibility and procedure for protecting the rights of subjects participating in competitive selections.

The subject. Russian state regulation now extends to citizens’ lifestyles as a means of safeguarding traditional values. 

The purpose of the article is to analyze the legal framework surrounding the ban on gender transition propaganda in Russia and identifies shortcomings in this legal regulation.  The study is based on normative legal acts of the Russian Federation and research papers on this topic by both Russian and foreign scholars. The research methodology includes general and field-specific methods. The authors explored the issues associated with legal formalization of the ban on gender transition propaganda by applying general research methods (comparative legal research), field-specific methods (descriptive analysis, methods of comparative law), and general theoretical analysis methods (comparison, synthesis). 

Main results. The research highlights that the concept of “gender transition” is vaguely defined in current Russian legislation, resulting in a lack of uniform interpretation and arbitrary enforcement of the norms prohibiting gender transition propaganda.  Conclusions. The study emphasizes the need to establish criteria for gender transition to regulate the qualification of offenses related to gender transition propaganda. It also recommends amending the current norm in order to define criteria for classifying information as gender transition propaganda. To ensure uniformity in law enforcement practices, it is necessary to establish criteria for classifying information that “could prompt children to desire gender transition”. Currently, any information could potentially be perceived as belonging to this category (even kindergarten matinees where male educators dress up in female images, and vice versa, etc.). Information that encourages gender transition could include information about the benefits and painlessness of hormone therapy for gender transition, the advantages of surgical interventions for gender transition, the positive effects following gender transition, explicit calls for gender transition, etc. In the absence of clear criteria, there are concerns that decisions by law enforcement agencies to impose fines or restrict information on particular resources could be based solely based on the subjective views of individual officials regarding the legal category “gender transition.” This could lead to potential violations of citizens’ rights.

The subject. The issues of applying the financial and legal mechanism for financing certain state powers transferred to local governments are considered.

The purpose of the article is to identify the problems of legal regulation and practical im- plementation of financial support for state powers transferred to local governments for im- plementation.

The authors used method of formal legal interpretation of Russian legislation as well as dialectical analysis of budgetary statistics

Main results. The article analyzes the features of the financial and legal mechanism for en- suring certain state powers transferred to local governments, the practice of providing in- ter-budget transfers in the form of subventions. The problem of determining the forms, calculation, and procedure for transferring appropriate financial resources to local govern- ments has been identified. The development and approval of regional standards should be based not only on the general requirements for federal and regional standards, but also on the fact that the latter should either exceed the norms and standards of quality and stand- ard of living of the population provided for by federal standards, or supplement their list.

Conclusions. The actual costs of the municipalities must be financially ensured In order to achieve high results in public financial activities, increase the efficiency of using budgetary funds, and ensure the interest of local governments in exercising their delegated powers. 

The subject of the research is issues of sovereignty and territory of the state in the light of the problems of constitutionalism, the transformation of scientists' views on the place and role of the territory of the state among the signs of state sovereignty as the main element of the constitutional system and an inalienable property of the state.

The purpose of the study is to determine, based on an analysis of the domestic and international legal political and economic situation, the optimal directions for improving the territorial and political organization of Russia.

Dialectical-materialistic, comparative-legal, system-structural methods are used in the research.

Main results. Russian pre-revolutionary statesmen, as well as the founders of scientific socialism, or ancient authors, left the territory outside their attention, assessing the state, first of all, as a specially created governing subsystem that distinguishes a class- differentiated society from its primitive communal state. The most consistent supporters of the territory as a sovereign feature of the state were international lawyers, whose line was continued by Soviet and post-Soviet authors. The article contains  an extensive list of scientific sources reflecting the territorial problem, and analyzes proposals for improving the territorial and political organization of the Russian Federation.

Conclusions. Abstracting the definition of the state from the territory can lead to the erroneous conclusion that there are no fundamental differences between the state and a public association, and  proposals to improve the territorial organization of Russia are acceptable insofar as they do not destroy the territorial unity of the state. 

The subject. The article discusses certain problematic issues of bringing to administrative responsibility within the framework of the general staff under Article 5.27 of the Russian Code of Administrative Offences for violation of labor legislation. The subject of the branch of labor law is very mobile, it already partially affects issues of employment, education, and certain aspects of ensuring national security. Consequently, the application of administra- tive responsibility for violations of these norms should be organized by extending it to both obvious violations and complex cases of intersectoral regulation affecting the world of work or certain aspects of its functioning.

The purpose of this work is a comprehensive analysis of a number of norms of the Russian Code of Administrative Offences concerning violations of workers' labor rights, based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. In the process of achieving the goal and solving the tasks set, the general scientific dialectical method of cognition was used, as well as logical, systematic, historical, comparative legal and formal legal methods.

In the course of the study, the authors conclude that it is necessary to regulate in more detail the provisions on administrative responsibility for labor offenses and the legislative changes proposed by the authors, since compliance with and application of these standards directly affects the normal development of the production process and the economy as a whole.

Conclusion. Administrative penalties have a positive impact on law enforcement and contrib- ute to the prevention of labor offenses by employers and their representatives. Restrictions in the field of state control and supervisory activities, which began in 2020 in connection with the pandemic, largely slowed down the development of legislation on administrative respon- sibility for labor offenses. But the time for change has already come, so labor legislation and legislation on administrative responsibility need to be improved in the very near future. 

The subject. The social consequences and the price of crime are a little-studied problem in the domestic science of criminology. Meanwhile, her research is of great theoretical and practical importance. From a theoretical point of view, it is important to identify and characterize possible types of harm in all spheres of public relations without exception. This will expand the scientific boundaries of criminology. In practical terms, a description of the economic parameters of the consequences of crime is necessary to determine the real budget of the bodies directly and indirectly involved in countering criminal activity.
The purpose of the article is to outline the contours of a monographic in-depth study of the social consequences and the price of crime.
Methodology. Dialectical and systematic approaches, analysis, synthesis, induction, deduction, sociological, statistical and comparative methods are used. Main results and conclusions. It is advisable to consider the social consequences of crime in two aspects: static and dynamic. They stand out statically, medical, demographic, sociopsychological, environmental, biological, cultural, legal, political and economic consequences of crime. Economic consequences have a value expression, so they are the price of crime. The dynamic aspect of the social consequences of crime is recognized through the phenomenon of criminalization of public relations, the final result of which is the total destruction of the state. It is concluded that currently the most relevant is the study of the economic consequences of crime, which is its measurable price. Artificial intelligence and Big Data should be used for this.

The subject of the study is the tactics of inspecting accident sites associated with acts of illegal interference in the activities of energy facilities using unmanned vehicles.

The purpose of the article is to develop forensic recommendations on the use of tactical techniques for inspecting the scene of an accident, unmanned vehicles themselves and their control devices.

Research methods: The article is based on the use of materialistic dialectics as a universal method, as well as general scientific methods such as methods of analysis, synthesis, modeling, extrapolation and others.

The results of the study: It is stated that in the light of the unfolding situation, the key security role in countering attacks by unmanned means of energy facilities should, in our deep conviction, be assigned to forensic science, since following only legal regulations does not always allow us to effectively solve the tasks of law enforcement in accordance with dynamically developing situations. Meanwhile, modern investigators often do not have sufficient competencies and knowledge to investigate crimes committed using UAVs, the authors emphasize that, in this regard, investigators should have information about the typing and the main technical parameters of unmanned vehicles. The article presents the main criminalistically significant classification options for unmanned objects, defines the procedure for inspection of UAVs. At the same time, the importance of urgently studying the volatile memory of a working device is stated.

Conclusions about the achievement of the research goal: the paper proposes adaptive algorithms for the investigator's actions in various investigative situations: when the functioning of the device was suppressed by electronic warfare; when the UAV was physically damaged or destroyed; when an attacker with a UAV control device (remote control, smartphone, laptop, special glasses, etc.) was detained at the scene; when the control device is detected, but the attacker himself has disappeared; when the attacker has destroyed the control device; when information from the UAV (video and sensor readings) was transmitted not only to the operator's device, but also to another addressee; when the operator was detained on the territory of the fuel and energy complex. It is stated that the tactical and organizational component of inspections of accident sites at energy facilities may vary depending on the types of criminal encroachment mechanism and the characteristics of the encroachment objects themselves. In addition, it is impossible to ignore the inter-level connections expressed in the specifics of the organization of interaction between law enforcement agencies with specialists of energy companies and other knowledgeable persons during investigative inspections. 

The subject of the research are the problems of organization and normative-legal regulation of interaction between the financial intelligence unit and law enforcement agencies in the process of combating crime. In Russia, the financial intelligence unit is organized according to the administrative type. Federal Financial Monitoring Service (Rosfinmonitoring) conducts financial investigations in accordance with anti-money laundering legislation, while law enforcement agencies conduct preliminary investigations in accordance with criminal procedure legislation. This leads to time lags and increased transaction costs of interaction between the competent authorities.

The purpose of the study is to develop proposals to improve interaction between Rosfinmonitoring and law enforcement agencies when conducting investigations as part of interdepartmental investigative and operational groups.

Methodology. General scientific and formal-dogmatic research methods were used.

The main results. The article substantiates the necessity of organizing joint work between Rosfinmonitoring and law enforcement officials in interdepartmental investigative and operational  groups.  The  key  legal  acts  regulating  the  organization  and  activities  of investigative and investigative-operative groups in Russia are reviewed. As a result of the study, amendments to the criminal procedure legislation and Rosfinmonitoring's regulations were proposed. A register of unified powers of Rosfinmonitoring officials when working in interdepartmental investigative and operational groups has been developed. It may also be used when including officials of control and supervisory authorities authorized to investigate predicate offenses (tax, competition, etc.) in interagency investigative and operational groups. The general procedure for organizing the work of Rosfinmonitoring officials in interdepartmental investigative and operational groups is described. It is recommended that the regulations on interaction between Rosfinmonitoring and law enforcement agencies in the course of interagency investigations should be included in the federal standard for interagency cooperation in the sphere of combating money laundering and terrorism financing. In addition, it is recommended to adopt interdepartmental normative and legal acts that enshrine a simplified procedure for interaction and use of the results of financial investigations in criminal proceedings.

Conclusions. The results of the study have practical significance and can be used to improve the effectiveness of interaction between the commissioner, control and supervisory and law enforcement agencies in the process of combating crime. This will not require revolutionary transformations of the status and powers of the financial intelligence unit. 

The subject. The existence of limitation periods for bringing to any type of legal liability is intended to ensure legal certainty and stability of legal relations, aimed at protecting a person from the threat of being subject to adverse consequences for an unreasonably long time.

The purpose of the study is to analyze the provisions of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” establishing limitation periods for bringing a judge to disciplinary responsibility, and the practice of their application by the Supreme Court of the Russian Federation and qualification boards of judges. Objective of the study is to identify legislative and law enforcement defects of the institute of statutes of limitations for bringing judges to disciplinary responsibility; to formulate proposals aimed at solving these problems.

Methodology. General scientific methods of analysis, synthesis, induction, deduction and specific scientific methods – logical, comparative and systemic were used. The achievement of the set objectives was facilitated by the use of special legal methods – the formal-legal method and the method of legal modeling.

Main results. Statutory limitation periods for bringing a judge to disciplinary responsibility are also an additional guarantee of ensuring their immunity and independence. The lack of uniform law enforcement practice on the issue of calculating these periods and legislatively defined legal consequences of their expiration in the form of termination of disciplinary proceedings, non-application of limitation periods in case of early termination of powers of judges for violation of anti-corruption restrictions, prohibitions and requirements that are not recognized as disciplinary offenses, do not contribute to the implementation of the purpose of the institute of limitation periods in disciplinary proceedings.

Conclusions include the author's proposals for amendments and additions to the Law of the Russian Federation “On the Status of Judges in the Russian Federation” and the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the judicial practice of applying legislation regulating issues of disciplinary responsibility of judges”, the implementation of which will ensure the fairness and predictability of decisions on the disciplinary responsibility of judges, which will ultimately guarantee their independence. 

The subject. The Criminal Code of Mongolia, as one of the newest criminal laws, needs to be studied.

The purpose of the study is to identify the features of criminal punishment and its appointment in Mongolia.

The author uses method of formal legal interpretation of Mongolian Criminal Code. 

Main results: (1) Criminal liability in Mongolia consists of punishments and coercive measures. Its goals include: punishment, restoration of rights violated by a crime, and compensation for damage or prevention of new crimes, as well as re-socialization. (2) The system  of  punishments  has  been  significantly  simplified.  It  is  free  from  special punishments for military personnel, as well as types of punishment that duplicate each other in terms of content. There are 5 types of punishments in the current Criminal Code. Four of them can be assigned as the main ones: a fine, community service, restriction of movement rights, and imprisonment. The death penalty is excluded. The only additional type of punishment is deprivation of the right. The Court has been given a fairly wide margin  of  appreciation.  (3)  The  procedure  and  grounds  for  bringing  to  criminal responsibility and exemption from criminal liability. The Law establishes general rules for criminal prosecution and special rules for sentencing. The latter also provide for the possibility of release from punishment, as well as the application of coercive measures (suspended sentence or restriction of rights) to the perpetrator. Mitigation of punishment is achieved by setting a reduction coefficient applied not only to the upper, but also to the lower limit of the sanction. The imposition of punishment for multiple crimes allows for the addition of a fine with other types of punishment. The possibility of imposing imprisonment for a term exceeding twenty years is excluded. (4) Probation and compulsory measures. A suspended sentence of up to five years is an alternative to punishment as an independent compulsory measure, without imposing a custodial sentence. At the same time, the scope of application of probation is significantly narrowed. The court may attach all types of coercive measures to the prescribed punishment. (5) The specifics of sentencing minors under criminal law demonstrate the most vivid embodiment of the idea of humanizing the criminal policy of the state. The legislator ruled out the possibility of imposing a fine on minors, and transformed the punishment in the form of imprisonment into its sparing form - imprisonment in a special educational institution. 6. Liability of legal entities. The only form of punishment is a fine. Compulsory measures may be attached to it.

Conclusions. It is necessary to use the positive experience of Mongolian legislation in addressing issues of punishment and its appointment in Russia. 

The subject of the article is new patterns observed in approaches to the principle of freedom of contract from legal science and law enforcement practice.

The purpose of the article is to show the directions of evolution of the principle of freedom of contract in connection with the influence of information technology on civil circulation and changes in the significance of this principle for law enforcement.

Main results, scope of application. In science, there is a transformation of ideas about the principle of freedom of civil contract. To the provisions of the codified civil law, reflecting the basic postulates of the principle of freedom of contract, modern researchers add freedom to choose the form, as well as the method (order) of its conclusion. This principle turns out to be actually limited by a technological innovation – a smart contract, for which the possibility of changing and terminating the contract, as a rule, is absent. The expansion of freedom of contract is observed in the circulation of new objects of civil rights  – cryptocurrencies. Research in the field of neurophysiology (neuromarketing) calls into question human free will, and with it the freedom of contract. The collected statistical data characterizing the content of judicial acts allows us to state a pattern in recent years – a lesser orientation of courts considering economic disputes towards the principle of freedom of contract. The increasing role of centralized legal regulation of civil relations leads to a decrease in the role of autonomous regulation, and therefore a decrease in the importance of the principle of freedom of contract. The observed trend of growth in the number of norms in legislative acts can hardly be called positive – its continuation can lead to a deterioration in the skills of participants in civil transactions to develop flexible economic decisions, a decrease in responsibility and the level of legal culture. The results obtained will be useful for improving lawmaking.

The research methodology is represented by statistical, formal logical, formal dogmatic and comparative research methods.

Conclusions. Cycles of growth and decline in the importance of the principle of freedom of contract for law enforcement practice are in organic connection with the number of legal norms regulating civil relations, institutional transformations and changes in the approach to the official interpretation of the law. Lawmakers should ensure greater stability of legislation regulating this area of civil relations.

The subject. The author makes an analysis of the legal particularities of purchasing from a sole supplier as compared to other procurement methods applied by certain types of legal entities under the requirements of the Procurement Law, as well as examines the legal issues of concluding a contract with a sole supplier. The object of this study is the relations between the customer and potential sole suppliers within the procurement process and subsequent entry into of the contract, including in case of sole supplier’s evasion to conclude the contract and the customer’s need to force the sole supplier to conclude the contract.
The purpose of the study is to examine the civil law relations that develop when a customer chooses a non-competitive method of purchasing from a sole supplier, concludes a contract with it, as well as to identify legal issues such relations in theory and practice. The research methodology is a combination of both general scientific methods (analysis, synthesis, deduction, induction, statistical method) and specific scientific methods (legal comparative and formal legal methods, as well as legal modeling). The statistical method has been actively used in the evaluation of numerical data. The application of specific scientific methods allowed the author to develop recommendations on improvement of legal regulations and optimizing the customer’s procurement procedures.
The main results and practical application are as follows. The study introduces a number of characteristics that assess the regulator’s impact on the purchasing relations. The stage of pre-contractual relations with a sole supplier is considered by the author both in the context of entering into contractual relations and recognizing the status of a sole supplier in accordance with the Procurement Law. The lack of a unified approach to procurement of this kind, and a specific set of documents that a potential sole supplier will have before concluding a contract, reduces the legal certainty of the relationships that arise during the procurement process.
Conclusions. The author proposes to apply a reasonable approach to select a procurement method, including based on the exceptional nature of procurement from a sole supplier, as well as to avoid uncertainty, to the extent possible, when concluding a contract with a sole supplier.

The subject. The impact of online communication technologies used in the civil process on its procedural form is analyzed.

The purpose of the study is to assess whether the introduction of digital tools corresponds to the basic principles of the civil process, its principles, and how this may affect compliance with the civil procedural form.

Methodology. The author uses systemic approach to interpretation former legal studies concerning issues of digitalization of civil procedure. Formal legal analysis of Russian legal acts is applied also.

Main results. The author substantiates of the necessity of analyzing the introduction of new technologies into the civil process from the standpoint of the effectiveness of achieving the purpose of justice. Modern technologies provide a huge or even endless range of possibilities, and not all digital tools are necessary for the civil process. The possibility of fully remote participation in court proceedings entails some "dying out" of procedural rituals, which simplifies the civil procedural form. Any implementation of digital tools should be evaluated in terms of the effectiveness of achieving the goal of justice, which is to protect a violated subjective right or legally protected interest.

Conclusions. In the context of the digitalization of the civil process, remote forms of participation in court hearings transform the procedural framework, simplifying and optimizing it. These changes are enhancing the transparency and accessibility of justice, being largely technical in nature. These changes do not affect the achievement of the main goal of justice – the protection of violated or disputed rights, freedoms and legitimate interests.

The subject. Economic, technological and geopolitical changes are leading to the digitalization of virtually all structures of the labor market: from the process of production and human resources management to the organization of the workplace. The use of new digital technologies makes it possible to give up routine human labor, contribute to improving the quality of working life of employees and employers, and increase industrial production, which means economic growth of the state. Thus, in accordance with the National Security Strategy, approved by the Decree of the President of the Russian Federation dated July 2, 2021 No. 400, the situation in the production industry is one of the key criteria of Russia's competitiveness and contributes to the strengthening of the state's defense capability. Ensuring Russia's independence  and competitiveness was also announced to be the main goal of the Strategy for Scientific and Technological Development of the Russian Federation, approved by Presidential Decree No. 642 dated December 1, 2016. On the other hand, the use of new technologies may have time-delayed risks. The most important risk today is the increasing release of labor force and mass cuts of jobs requiring average qualifications, as well as dismissal of employees due to failure to pass tests because of the lack of skills in digital tools.

The purpose of the study was to substantiate the urgent character of the implementation of digital profile programs as a part of the employer's personnel policy to achieve the objectives set in the National Security Strategy of the Russian Federation dated 2021.

The methodology of comprehensive research, including methods of document analysis, comparative analysis, secondary use of sociological and economic data were used.

Main results. The study shows that the use of the employee digital profile programs will allow the employer to identify weaknesses in any of the employee’s skills well in advance, and to pave individual learning pathway, based on his/her preferences, hobbies  and intentions, in order to upgrade the skills. It is deemed that the competence of employees is a factor for transfer of any business to digitalization. This policy of the employer will allow to cover for low-quality job cut and give personnel the minimum knowledge that makes it possible to acquire information on modern information technologies, be able to use it to solve the set problems and have necessary skills and technology, which will facilitate solution of the problems. Ultimately, these are tools to achieve the tasks set by the state in the framework of the state's defensive capability and competitiveness. At the same time, the lack of normative methodologies for the creation and operation of employee digital profiles and comprehensive scientific research predetermine increasing risks of violation of personal data of employees, privacy of employees, as well as discrimination in making legally significant decisions. Today there are no normative standards of data processing and system interaction, which leads to the diminution of guarantees of employees' rights in terms of respect for personal data and other data in terms of classified information.

The subject. Аt the beginning of the 21st century the growing interest of the parties to the dispute and the arbitral tribunals in the rules of customary international law became apparent. This has raised doctrinal and practical questions about the relationship between treaty norms and rules of customary international law in the field of foreign investment protection. The most discussed of them were the issues of filling the gaps in international treaties through the application of the rules of customary international law and the establishment by the arbitral tribunals of the content of the customs they need to apply during dispute resolution.

Materials and methods. This research carried out a scientific analysis of the practice of investor–state arbitral tribunals regarding the interpretation and application of the rules of customary international law in settlement of investment disputes.

Discussion. Numerous investor-state arbitration awards show that arbitration tribunals constantly use the rules of customary international law in dispute resolution. Moreover, arbitrators often refer to the rules of customary international law as a separate legal basis for their conclusions. As modern practice shows, in most cases arbitrators are not inclined to consider the existence or the absence of State practice or opinio juris, instead relying on the conclusions about the existence of a customary rule made earlier by the ICJ, the PCIJ and other arbitration tribunals, as well as international treaties, reports of the International Law Commission and doctrine.

The main results and conclusions. The rules of customary international law are applied by the arbitral tribunals when considering a wide range of issues (jurisdiction, organization of arbitration, applicable substantive law and liability issues). A vivid example of the use of the rules of customary international law in the settlement of investment disputes to fill the gaps in international treaties was a reference by arbitral tribunals to the Articles on Responsibility of States for Internationally Wrongful Acts adopted by the International Law Commission as a codification of existing rules of customary international law in this area.

However, the peculiarity of the use of the Articles by the arbitral tribunals is that the arbitrators consider it as a document containing formulations identical in content to existing rules of customary international law. This leads to the “automatic” application by the arbitrators of the provisions of the Articles to the facts of the case without analysing State practice. Moreover, application of the provisions of the Articles by the arbitral tribunals seems inconsistent, especially in such sensitive issues for the States as the amount of compensation awarded to an investor and contributory fault by an investor. In addition, the high creativity of investors suggests the emergence of claims based solely on the rules of customary international law, and not the provisions of international investment agreements.