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Vol 9, No 3 (2025)
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THEORY AND HISTORY OF LAW ENFORCEMENT

5-14 45
Abstract

   The subject of the study is the draft civil codes of the USSR, which were drawn up in the 1930s – early 1950s.

   The purpose of the article is to analyze the legislative activity aimed at creating a new law – the all-Union civil code.

   The research methodology includes the method of historicism, interpretation, comparative legal and formal legal methods.

   Results. The draft civil codes of the USSR are considered. The following reasons for the transition to all-Union codification in the 1930s are established: the increase in the array of legislation of the USSR, which required its systematization; the effectiveness of the code as a type of normative legal act confirmed by practice; the expansion of the legislative powers of all-Union bodies in accordance with the Constitution of the USSR of 1936. The main drafts of the Civil Code of the USSR are identified and analyzed. In the pre-war period, the first projects were prepared by the People's Commissariat of Justice of the USSR. Since 1938, codification activities were concentrated in the All-Union Institute of Legal Sciences. In the post-war period, special commissions were created to prepare projects of all-Union codes. The Civil Code was initially drafted by a commission headed by I.T. Golyakov, and then by K.P. Gorshenin. Both were senior officials of the justice authorities. The role of the government – the Council of Ministers of the USSR – increased in organizing and regulating legislative work. An explanation is offered for the reasons for the frequent change of project developers. Continuity and novelty in the structure and consolidation of the main civil legal institutions in the draft codes are noted. A comparison of the projects with the current Civil Code of the RSFSR of 1922 is made. The most important provisions of the projects were the norms regulating relations within the socialist economic system between government agencies and enterprises. The expediency of the Civil Code of the USSR was not disputed. In the union republics, the Civil Code of the RSFSR of 1922 was initially applied, on the basis of which their own codes were compiled, and in some republics it continued to operate. The position was supported that the union republics would no longer have civil codes. The rejection of all-Union codification in the mid-1950s was caused by the redistribution of legislative powers in favor of the union republics.

15-24 42
Abstract

   Introduction. The foundation of this approach lies in the concept of distinct functions of laws. From this perspective, the principal role of social laws is their involvement in shaping social reality. Considering the swift and large-scale transformations in culture and civilization, it becomes crucial to examine the speed and depth with which legislative activity adapts to these shifts.

   Purpose. This article aims to point out a paradoxical situation. In the interconnected system of education, law, and governance, all these components exert, at minimum, mutually constraining effects.

   Overcoming this predicament might necessitate a fundamental rethinking of laws in their societal context.

   Methodology. The dialectical approach posits that any object under investigation should not be studied in isolation, but rather, at minimum, in conjunction with at least one otherт object. Similarly, in the realm of knowledge, the fundamental unit of knowledge is the categorical opposition. Consistent with this principle, law will be examined alongside concepts such as: 'justice', norm, realism, education, and myth. Special discussion will be dedicated to the paradox of an unjust law.

   Results. Part I of this article established that social laws serve as vital tools for shaping social reality. The accelerating rate of societal change since the late 20th century significantly influences the evolution of social laws. This study explores the relationships between law and the notions of justice, norm, realism, education, and myth. It illustrates the historical impact of both progressive and regressive laws on educational development. A deep connection is shown between legislative activity and myth-making, taking into account its ties to narrative, discourse, and the broader narcissistic shift in contemporary culture. The article suggests a productive reorientation of the discussion from the inherent laws of scientific disciplines to the communication rules governing scientists within those fields. Humanists and social scientists, regardless of their personal motives, play a crucial role in legitimizing new laws. Philosophical and economic perspectives on social laws are here augmented by a historical-cultural approach, through which myth and myth-making are analyzed. The paper also addresses the mutual influence of legislative activity and education, demonstrating how they can either accelerate, impede, or ignore each other's progress.

   Conclusion. A multidisciplinary approach to understanding law necessitates recourse to historical and cultural events, prompting an exploration of our subject from at least three standpoints: legal, philosophical, and economic. The study confirmed the constructive affinity between the notions of myth and narrative, and social reform and myth-making. Moreover, an additional aspect in grasping the essence of social laws is their contribution to the optimization of resource production, distribution, and utilization within society, which is invariably accompanied by diverse communicative practices. Authors' contributions. Section 1 prepared by V.I. Razumov; sections 2-4 prepared by A.A. Sapunkov; section 5 prepared by V.I. Razumov, A.A. Sapunkov, P.A. Orekhovsky jointly. In all other respects, authors made equivalent contributions to the publication.

THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES

25-31 34
Abstract

   The subject is trends in the constitutional development of modern Russia.

   The purpose is to confirm or refute the hypothesis that constitutional principles, including amendments to the Constitution, are a universal tool for responding to modern challenges to the Russian state.

   They do not determine the specific vector of the country's development. The methodology of the research includes formal legal interpretation of Russian Constitution and provisions of Russian legislation on self-government as well as content analysis of Russian media.

   Main results. The key factors influencing the constitutional development of Russia are highlighted and analyzed. There are the 2020 amendments to the Constitution of Russia, which legally consolidated the unity of public power, and modern challenges to the country's economic system. It is noted that the provisions of the amendments to the Constitution on the unity of public authority are framework and do not predetermine the strengthening of trends in centralization, efficiency and discipline in state building. The tendencies of centralization of public power on the verge of emasculating the very essence of local self-government, its self-governing nature, manifested themselves in the new Federal Law No. 33-FZ dated March 20, 2025 “On the general principles of organizing local self-Government in a unified system of public authority”. The trends of centralization, diligence and discipline in state building are narrowing the “wiggle room” in responding to new challenges, the nature of which is constantly changing, taking into account the phenomenal scientific and technological progress and related social transformations. The unified system of public authority turns into a vertical of power through the use of a purely administrative method. Although the inclusion of local self-government in a single system of public authority in itself made it possible to effectively set up interaction and complicity of local self-government bodies and state authorities. Such interaction is necessary when the direct provision of the vital activity of the population could not be provided solely by one level of government due to limited resources or the complexity of issues that make it difficult to delineate the powers to solve them.

   Conclusions. The methodology of constitutional law as a vehicle of constitutional values makes it possible to find answers to the modern challenges of digitalization, inequality and unfair international competition.

32-43 30
Abstract

   The subject of the research is the change in the content of the constitutional right to appeal under the influence of digital technologies.

   The purpose of the article is to establish the stages and features of the change in the content of the constitutional right to appeal in the Russian Federation under the influence of digitalization.

   When writing the article, the following methods of cognition were used: formal-legal, comparative-legal and historical. It was established that the digital transformation of the constitutional right to appeal began in the early 2000s with the admission of appeals in electronic form. In federal legislation, electronic appeals were allowed only in 2010. The reason for legalization is the introduction in Russia of the institution of state and municipal services that are provided electronically. The initial stage of digitalization of the constitutional right to appeal was liberal. Features of the initial stage of digitalization of the constitutional right to appeal: (1) simplified requirements for electronic appeals (no signature of the applicant); (2) an increase in the types of electronic appeals (the emergence of special pre-trial complaints, reviews of activities, etc.); (3) increasing the number of ways to submit electronic requests (via email, via state electronic portals, via mobile applications, via social networks, etc.). The latest stage of digitalization of the constitutional right to appeal began in 2020. This stage is characterized by a limitation on the number of ways to submit electronic requests. In 2020, pre-trial complaints in the field of control and supervision appeared. Such complaints can only be submitted using a specialized state Internet portal (https://knd.gov.ru/main). In 2020, an experiment was launched with submitting messages on the portal “Reshaem vmeste” (“Let's Decide Together”; https://pos.gosuslugi.ru/ landing/). This portal is also the only way to submit electronic messages. Subsequently, the results of this experiment were used in 2023. This experiment allowed citizens to submit requests to government bodies through the Unified Portal of State and Municipal Services. Since March 30, 2025, fundamental changes have taken place in the regulation of electronic appeals of citizens: (1) the methods of sending electronic appeals have become part of the concept of a citizen's appeal; (2) only three methods of sending electronic appeals have been established (the Unified Portal of State and Municipal Services, another state Internet portal, the website of an authority on the Internet); (3) e-mail has been abolished as a method of submitting appeals of citizens (e-mail is retained for sending responses to citizens); (4) sending appeals in electronic form requires identification and (or) authentication of applicants. Thus, since 2025, the approach to the digitalization of the constitutional right to appeal has changed, it has become more balanced.

44-53 42
Abstract

   The subject. Internal financial sovereignty is a complex and multidimensional phenomenon that permeates all spheres of public financial activity.

   Internal financial sovereignty is manifested in the real ability of the state to ensure the supremacy of financial legislation, in the sufficiency of its own funds for implementation of its tasks and functions, in the stability of the budget system, the system of taxes and fees, the financial market, the monetary system, including the national payment system, in the preservation of the purchasing power of the national currency, etc. Internal financial sovereignty largely depends on the quality of its legal support, covering the main structural elements (sub-branches and institutes) of financial law.

   The purpose of this article is to identify problems and trends in the legal provision of internal financial sovereignty at the current historical stage of development of social relations.

   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 author notes that the legal support of internal financial sovereignty under the influence of new challenges and threats is characterized by increase in the variability of special legal regimes, expansion of public-law regulation of financial relations to the field of private finance, and the state assuming a proactive role in financial legal relations. The state continues to face the task of ensuring the effectiveness of legal regulation of financial relations in conditions of restrictive measures taken by unfriendly states and international organizations, in the digital space, overcoming outdated models of regulation of a number of financial relations.

   Conclusions. The current geopolitical situation has entailed the need to transform approaches to the legal support of internal financial sovereignty, accelerate decision-making, and change the principles of legal regulation. The state faces a difficult task for practical solution to ensure a balance of legal regulation of financial relations, which, on the one hand, should meet the challenges of the time, and on the other hand, should strive to balance public and private interests.

54-63 31
Abstract

   Introduction. Considering the criminal record of a person as an acceptable restriction of passive electoral rights, two interrelated aspects must be taken into account: on the one hand, it is necessary to ensure the rights of the people directly, the citizens of the country decide whether a person is worthy to be his representative in power. On the other hand, of course, the current legislation should contain certain mechanisms for protecting law and order, which make it possible to cut off criminals from the authorities.

   Purpose. In this regard, it is important to consider how to institutionalize convictions for individual crimes as a basis for restricting passive suffrage.

   The purpose of this article is to analyze the teleological conditionality of restricting passive voting rights depending on the presence of a criminal record for various types of crimes.

   Methodology. The following methods were used: formal logic method, analysis, synthesis.

   Results. To date, Russian electoral legislation uses three different such methods: categorical, species and casual or individual. The first provides for the restriction of the passive suffrage of persons convicted of crimes that belong to the category of grave and especially grave crimes. This approach proceeds only from the gravity of the crime and does not take into account the nature of the act committed, including the object of the encroachment, the specifics of the subjective side (motive of the crime), etc. It is for this reason that the legislator uses a specific method of legal institutionalization of crimes, the conviction of which entails the restriction of passive electoral rights of citizens. To date, the current legislation identifies only one type of crime, the conviction of which is the basis for restricting passive suffrage – extremist crimes. In 2020, the legislator used this approach, supplementing pt. 3.2 of the Art. 4 of the Law on Basic Guarantees of Electoral Rights, paragraph 1), which provides for a very wide list of specific offenses that should be the basis for restricting passive suffrage. At the same time, it is far from always clear what the legislator was guided by when establishing a criminal record for a particular crime as a basis for restricting passive suffrage. For example, why the murder of a newborn child by a mother (Art. 106 of the Criminal Code of the Russian Federation) is such a basis, and murder in a state of affect – Art. 107 (in the absence of qualifying signs) – no. The solution to this issue should be based on a thorough revision of the corpus delicti provided for by the Criminal Code of the Russian Federation, from the point of view of not only the severity, but also the nature of the act committed. Moreover, the commission of this act should be related to the constitutionally significant goals of restricting passive electoral rights.

   Conclusion. The author identifies four constitutionally legitimate goals of restricting passive voting rights due to a criminal record. Firstly, the inadmissibility of the criminalization of the power apparatus is a criminal qualification. Secondly, the legitimate goal of restricting passive voting rights is to prevent persons involved in extremist activities from entering the government apparatus – the antiextremist qualification. Thirdly, an important goal of restricting passive electoral rights in connection with the presence of a criminal record is the prevention of corruption with the system of public authority – the anti-corruption qualification. Finally (fourthly), one can single out another constitutionally justified goal of restricting passive voting rights in connection with the presence of a criminal record for certain types of crimes – the prevention of possible abuse of power (“qualification of non-abuse of power”).

64-73 37
Abstract

   Subject. The article analyzes issues related to the regulation and use of biometric technologies and biometric data.

   The choice of the object of the study is due to the intensive development and implementation of technologies based on the fact that biometric personal data are actively moving and used not only to provide power, but also in private organizations.

   At the municipal level, the problems of legal regulation and law enforcement are especially acute.

   The purpose of the study: based on the analysis of law enforcement practice and consideration of different approaches to regulating the use of biometric technologies, formulate specific proposals for improving the legal regulation of the use of biometric digital data when using face measurement technologies.

   Methodology. The methodological substantiation of the study was a set of methods of cognition, the methods of which were: monitoring of law enforcement practice, comparative legal method, analysis method, systemic-structural method.

   Conclusions. Based on the results of the study, the following conclusions were made: (1) Municipal biometric technologies are used to provide food for the purpose of: ensuring labor safety on the territory of the municipality; biometric identification and authentication, including when providing municipal services; data analysis and planning. (2) The conditions for limiting the rights and freedoms of an individual when using biometric technologies depend on the level of use of these technologies, as well as on the degree of regulatory regulation of their application. In conditions where the norms and rules are legally observed, the risks of negative consequences as a result of the use of data transmission technologies are the lowest. Blanket norms establishing exceptions for the use of biometric data have a negative impact on law enforcement practice. (3) Excessively strict restrictions, as well as a ban on the use of municipal government organizations and commercial organizations, technologies, actors in real time, do not allow for the organization of an effective public safety system, and therefore it is necessary to establish balanced legal regulation. The harmonization of this area will be facilitated by introducing amendments to the current legislation proposed by the authors of the article, aimed at, on the one hand, protecting the rights of an individual when using face and emotion technologies in public places, and, on the other hand, ensuring the possibility of using data technologies for the purpose of creating a modern level of security for the population in the territory of a municipality.

74-83 31
Abstract

   The article discusses the issues of protection of informants, the experience of which in the future may be in demand in the process of integrating the legal regulation systems of the Eurasian Economic Union member states when developing issues of countering tax crimes. Using a systematic and logical method, modern law enforcement practice is analyzed, which indicates that due to the increasing complexity of forms of tax evasion and concealment of actual financial and business transactions, traditional tax control verification practices are becoming insufficient to limit tax violations in an acceptable manner. The historical and legal approach allows us to come to the conclusion that the activities of informants over the centuries could have various results - beneficial when they act out of patriotic or other disinterested motives, or destructive if denunciation is used as a means of enriching or settling personal accounts. The author substantiates the expediency of state support for tax informants, which objectively contributes to the protection of public interests by strengthening guarantees of transparency and accountability, and eliminating violations and mismanagement in the public and private sectors at the national and cross-border levels.

84-93 31
Abstract

   The purpose of the research. The objective of this research is to define what international traffic for purposes of taxation is, and how Russia taxes respective income of non-residents and what changes were caused by the suspension of 38 Russian double tax treaties (DTTs).

   Methodology. The research is based on the analysis of national legislation and double tax treaties of Russia, as well as world-renown model tax conventions. The Russia case law on application of double tax treaties and tax legislation is also in the scope of the research.

   Main results of the research. The study allowed us to identify differences in approaches to the definition of international traffic for tax purposes at the levels of tax legislation and DTTs. Provisions of Russian DTTs on taxation of income from international traffic in the source state are analyzed and compared with existing model conventions. Changes in the legal landscape and problems of case law after the suspension of some Russian DTTs in 2023
are outlined.

   Conclusion. There is no single concept of “international traffic” in Russian tax law - the approaches of legislation and DTTs differ, what can be explained by the purposes for which the term is used. This situation cannot be welcomed, especially in view of the existence of private law approaches to the understanding of the term. The treaty practice of Russia on taxation of profits from international traffic partly deviates from OECD and UN models due to peculiarities of the state tax policy. Suspension of DTTs with unfriendly states in 2023 resulted in increase of the tax burden on non-residents and Russian withholding agents with respect to income from international traffic, despite the existence of alternative international treaties with tax benefits and certain amendments to tax legislation. Key problems are outlined, including those requiring legislative solutions.

94-103 36
Abstract

   The article examines the features of financial and legal regulation of regional labor markets. It substantiates the relevance of the development of regional labor markets taking into account the implementation of the national project "Personnel", the importance of using budgetary and legal and tax-legal instruments for the development of labor and employment in the regions.

   The purpose of the article is to identify the features of financial and legal regulation of regional labor markets.

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

   Main results. Within the framework of the budget and tax policy of the Russian Federation and its constituent entities, the impact of budgetary and tax-legal instruments on the labor market is taken into account. Budgetary and legal regulation of regional labor markets is aimed both at increasing the collection of tax revenues related to the labor market and employment in a broad sense (not only in the framework of labor relations, but also in terms of platform employment and self-employment), and at spending federal and regional budgets to finance the implementation of federal and regional programs aimed at the effective implementation of personnel policies in the regions and stimulating the development of regional labor markets. Based on the analysis of the legislation on taxes and fees of the Russian Federation and its constituent entities, we can conclude that within the framework of labor relations, tax measures are aimed at: (1) social protection and employment of certain categories of workers (disabled people); (2) creating new jobs and maintaining existing jobs (both within the framework of the current economic situation and in various emergency situations, for example, during the coronavirus pandemic); (3) establishing and maintaining a certain level of material support for workers in the form of payment of a certain amount of average monthly wages.

   Conclusions. In connection with the need to meet the economy's demand for personnel and additional involvement in employment of various categories of workers, the development of regional labor markets taking into account the specifics of the personnel needs of specific subjects of the Russian Federation, financial and legal regulation of regional labor markets is of particular importance. It can be implemented both at the federal level, by establishing budgetary and legal and tax and legal instruments that will apply to the entire territory of the Russian Federation and provide for uniform financial and legal mechanisms. And at the regional level, taking into account the specifics of individual subjects of the Russian Federation taking into account their personnel needs, with the possibility of establishing tax benefits for certain types of taxpayers, as well as the possibility of applying additional measures of budgetary and legal incentives.

104-113 36
Abstract

   The article is devoted to the study of a special type of special mixed temporary, including – on a limited territory, intersectoral (interdisciplinary) legal regime, forced to promptly form by the state in response to a threat of large-scale violation of the rights of citizens and state security that was not predicted in advance and not provided with regulatory legal means of counteraction, called a hybrid legal regime. A hybrid legal regime is a type of mixed, but the latter consists of ordinary and special regimes, territorially and temporally localized, limiting the rights of a relatively small number of citizens. The use of mixed regimes does not require prompt adjustment of the regulatory framework. Mixed regimes operate periodically, hybrid ones – one after another, intersecting in time at least by their individual elements. We can talk about a significant time period of hybrid legal regimes – until the completion of the processes of deglobalization and technological transition, stabilization of economic, social and political blocks and relations. A transitional legal regime can be hybrid if it meets the features identified in the course of the study. At the same time, the transitional legal regime for regulating labor relations, which ended in general with the adoption of the Labor Code of the Russian Federation, corresponding to the requirements of the market economy, was not hybrid. During the construction based on the Western model of legal regulation of labor in Russia, there were mistakes and deliberate deviations, but there was no legal and goal-setting uncertainty, legal norms were borrowed through the prism of the existing model or created taking into account local experience. In the modern transition, in the absence of final and intermediate verified models, it is necessary to quickly create or borrow rules from different regimes and quickly, without practical testing on a limited scale, use them in the constructed model. From this point of view, the hybrid legal regime, although outwardly similar to the experimental, but in essence, being forced to be applied in the absence of other (non-experimental) potentially effective sets of legal means, is not such. When developing basic sectoral federal laws in the context of hybrid legal regimes, it is necessary to carefully predict the results of their impact on public relations in the long term. It is advisable to avoid changing basic industry regulations by resorting to special legal regulation, and if this rule is not followed, be prepared to revise the rules introduced on an accelerated basis in the future. In the context of employment and social protection, the study made it possible to substantiate the conclusion that the foundation elements of hybrid legal regimes should be institutions based on traditional spiritual and moral values enshrined in the Constitution of the Russian Federation, which historically determined the emergence of labor law as an independent private-public sector, extending them to new forms of labor organization: institutions of labor protection, social insurance and social partnership.

114-123 32
Abstract

   Taking into account the attention paid by the head of state, legislators and law enforcement practitioners to information security, it is necessary to systematically investigate the category of "cybersecurity" as one of its subspecies. The article undertakes a multifactorial analysis of cybersecurity issues in modern conditions. Special attention is paid to the development of issues of forensic cybersecurity as an important element of countering criminal cyber incidents. 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, and extrapolation. Legal methods were also used - comparative legal, formal legal, technical legal. It is argued that the concept and content of cybersecurity is derived from the general category of "security". The differentiation of cybersecurity and information security has been made. The author identifies the emergent properties of cybersecurity. Much attention is paid to the elements of cybersecurity, the subjects and objects of this state, as well as the main categories of cybersecurity. The specific scope of application of cybersecurity measures (incident cyberspace) leads to the emergence of specific technological security facilities. Such objects include critical information infrastructure, software and databases of organizations, information technology devices of users, Internet of Things (IoT) devices. Among the most common cyber threats, the author includes: malicious software (viruses, malware, etc.), phishing and social engineering, MITM (Man-in-the-middle) attacks - embedding into the system and intercepting traffic, denial of service attacks (DOS and DDOS-attacks), data leaks and privacy violations. Cybersecurity actors include users themselves, the state, law enforcement agencies and specialized non-governmental organizations for countering cyber threats - Group IB, Kaspersky Lab, developers of software complexes aimed at protecting in cyberspace, etc. Each cybersecurity subject has a certain set of rights and obligations. A range of unresolved issues has been identified and some ways of solving them have been outlined. The article also focuses on the issues of legal regulation of cybersecurity in Russia. The author states that cybersecurity in modern conditions is a complex multilevel system, ensuring optimal functioning of which can be achieved only by complex, systematic measures that give a synergistic effect. At the same time, the forensic aspects of cybersecurity must necessarily be proactive, defining technical, tactical and methodological issues of forensic cybersecurity.

THE LAW ENFORCEMENT IN PRIVATE LAW

124-133 48
Abstract

   Introduction. In modern Russia, digital investment technologies are actively developing and legitimized at the level of law enforcement, including for such an economic entity as a non-public joint-stock company. For example, Federal Law “On Digital Financial Assets” establishes several types of digital rights; one of them is the requirement to transfer equity securities. The owner of digital financial assets has the right to demand the transfer of securities to him, which are provided for in the Decision on the issue of digital financial assets acquired earlier. The decision sets the deadline for the transfer of securities to him. The operator of the information system in which digital financial assets were issued provides access to the document on the issue of the relevant securities, as well as information on the pre-emptive right to purchase them, and the procedure for exercising such right. There is also a special feature that digital financial assets can certify the requirement to transfer not any equity securities. As such, only shares of a non-public joint-stock company and equity securities of the same company convertible into its shares are allowed.

   Purpose. To investigate the algorithm of legal regulation of digital financial assets certifying the requirement to transfer shares of a non-public joint-stock company, to identify the cause-and-effect relationships of the lack of turnover of these digital requirements in Russia.

   Methodology. On the ideological basis of materialistic positivism, general scientific, private scientific, special methods of cognition are used in combination: logic, analysis and synthesis, abstraction, modeling, analogy, induction and deduction, comparison, statistical, formal legal, hermeneutic, etc.

   Results. The legislator has identified a type of digital financial assets – digital rights, which simultaneously combine a digital object for investment and a digital certificate of the special rights of their owner (investor) to demand shares of a non-public joint stock company in the future. A particular difficulty lies in the fact that digital financial assets themselves certify
the requirements for the counter-provision of equity securities, which in turn certify other rights; an overly cumbersome construction of “rights to rights to rights” is being built. The lack of demand for the design was proved in the course of research, as well as by actual investment practice and the absence of at least one issue of digital financial assets of this type in the 4th year of the said Federal Law. The improvement of investment tools, in its particular case, the studied variety of digital financial assets, should, together with the deep modernization of the domestic financial market, enter into the anti-sanctions legislation emerging in the Russian Federation.

134-143 38
Abstract

   Subject. Russian civil procedure has adopted a differentiated approach to standards of proof in civil cases: not only is the “balance of probabilities” standard applied, but also prima facie, “clear and convincing evidence,” and “beyond a reasonable doubt”. This approach entails a number of difficulties, ranging from finding reasons to lower or raise the standard of particular categories of cases to identifying the permissible extent of differentiation within the context of legal certainty and predictability of judicial proceedings. The standards of proof inevitably influence well-established institutions of Russian procedural law (burden of proof, judicial review, etc.), at times requiring a reassessment of traditional approaches.

   The purpose of the study. To describe the legal issues arising from the differentiation of standards of proof in cases involving damage compensation and bankruptcy proceedings.

   Methodology. Methods of analysis and comparison based on practice of the Supreme Arbitration Court, of the Supreme Court, of scientific research in the field of civil procedural law.

  The main results of research and the field of their application. The application of the “clear and convincing evidence” standard by the Supreme Court in cases involving compensation for damages caused by a person authorised to act on behalf of a legal entity may be justified from a policy and legal standpoint, but it is inappropriate in terms of the actual accessibility of evidence for the parties involved in the proceedings. When the burden of proving the reasonableness and good faith of actions is shifted to the defendant, the standard of proof is reduced to the “balance of probabilities.” The application of heightened standards of proof in bankruptcy cases naturally increases the interest of creditors and bankruptcy trustees in seeking to revise court rulings issued prior to the initiation of bankruptcy proceedings. This, in turn, highlights the importance of defining the permissible scope of creditors’ rights to challenge such rulings.

   Conclusion. The adjustment of the standard of proof – whether upward or downward – must not be used as a situational tool. The adoption of a standard other than the “balance of probabilities” in civil litigation must be grounded in substantial justification and aligned with established procedural rules.

THE LAW ENFORCEMENT BY THE BODIES OF PRELIMINARY INVESTIGATION AND INQUIRY

144-153 37
Abstract

   Artificial intelligence technologies are changing the medical care provision, which corresponds to a new healthcare paradigm.

   The subject of the study is regulatory legal acts, including subordinate (departmental) ones, acts of technical regulation, statistical data, doctrinal provisions, and Internet resources on the problems under investigation and crimes committed by medical professionals.

   The purpose of the article is to form a conceptual legal framework for the introduction of artificial intelligence technologies in healthcare.

   This includes defining the limits of liability of medical professionals who use intelligent systems while providing medical care. For the introduction of artificial intelligence to have only a positive impact on the healthcare system with minimal risks and threats, it is necessary to develop standards and procedures of medical care using intelligent systems. There is a need to develop a clear legal framework for the use of intelligent systems in medical sphere to ensure patient safety and confidentiality, while preserving the potential of artificial intelligence as an assistant. In this article, the author examines the specifics of using artificial intelligence in medical practice, including issues related to the personal responsibility of a doctor when making decisions about diagnosis and treatment based on the proposal of an algorithm (a medical decision support system).

   Methodology. Using the method of legal analysis and the comparative legal method, the author analyzes the existing trends in the distribution of liability for harm in the provision of medical care in cases of an error and/or inaccuracy in making a medical decision. The article demonstrates possible future options for the distribution of responsibility between a medical organization and a medical professional. The paper systematizes approaches to legal regulation and criminal legal protection of public relations that arise if a medical professional provides assistance using artificial intelligence systems.

   The results of the study. The main results and conclusions suggest that medical professionals must always have control over artificial intelligence systems when implementing them. Doctors should be able to reasonably trust the digital tools at their disposal, notice signs of error in such systems, and timely take a new course of action. This should be reflected in the standards of medical care using with artificial intelligence technologies as the responsibility of a medical professional. In addition, the author proves that it is necessary to include the rights and obligations regarding the use of intelligent systems in medical practice in the documents regulating medical care and job descriptions of doctors. The article forms models of the distribution of doctor’s responsibility for harm caused to the life and health of patients in connection with the use of intelligent systems. The set goal of the research has been achieved.

THE LAW ENFORCEMENT IN INTERNATIONAL LAW

154-163 35
Abstract

   Introduction. The proliferation of bilateral investment treaties in the late 20th century has led to a proportional increase in the number of disputes between investors and host states.

   Materials and methods. Based on traditional methods of system analysis, deduction and induction, scientific analysis, but also system analysis of various international acts, decisions of investment arbitrations and national courts, the author forms the vectors of research of the complex and sometimes contradictory practice of implementing the procedural principles of independence and impartiality in the field of investment arbitration.

   Discussion. According to the standard provisions of investment treaties, disputes between states and investors arising from them were subject to referral to ad hoc arbitration, created on the model of international commercial arbitration. However, the overwhelming majority of claims filed by investors concerned not violations of investment contracts, but rather challenges to general measures taken by states to regulate their economies. Traditionally, such measures were challenged in national courts, but the practice of considering them in investment arbitrations quickly revealed a number of problems directly related to the specifics of the formation of such arbitration tribunals. As a result of the emerging practice, investment arbitration found itself in a deep crisis of legitimacy for the reasons set out in the study. The ways out of the crisis necessitated identifying its causes and making attempts to resolve them.

   The main results. The issues of independence and impartiality of arbitrators in resolving investment disputes are a legitimate concern for states that have allowed, in their international treaties, disputes between investors and the state to be considered not in national courts but in special ad hoc arbitration. This problem has become particularly acute in light of the obvious tendency of investors to refer disputes related to the adoption by states of general measures taken for public purposes and aimed at regulating the economy to arbitration. States have approached the issue of resolving the problems that have arisen in different ways. The nearest future will show the real impact of the adopted Code of Conduct for Arbitrators in Resolving International Investment Disputes on the perception of the parties to the dispute as to what level of impartiality the arbitrators should have and on the tendency to increase the disqualification of arbitrators on the grounds of their bias.



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