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Vol 10, No 2 (2026)
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THEORY AND HISTORY OF LAW ENFORCEMENT

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Abstract

The subject. This article examines the concept of property in Lorenz von Stein’s work “On the Agrarian Question”. Stein’s treatise is analyzed not merely as a historical document but as a methodological resource for contemporary legal philosophy, agrarian policy, and state theory.

Purpose. The research aims to reconstruct, critically assess, and actualize Stein’s theory of property in order to test its heuristic potential for understanding modern challenges: property inequality, legitimacy of large-scale ownership, and the search for sustainable development models. A central objective is to determine whether Stein’s analysis can inform current debates on the social function of property and the role of the state as an arbiter between economic freedom and social justice.

Methodology. The study employs a systematic-analytical approach that combines historical-theoretical reconstruction, contextual analysis, and projection of Stein’s ideas onto contemporary problems. The authors compare Stein’s positions with those of his critics (Marxists, liberals, conservatives) and with modern theories (neo-institutionalism, sociology of law).

Results. Stein distinguishes two pathways for the genesis of property: conquest and economic activity (labor, house-building, permanent improvement of land). The latter, he argues, organically transforms mere possession into private property. A crucial social consequence is the conversion of economic inequality into legal inequality: “economic classes inevitably become legal classes”. The state, in Stein’s view, acts as an active transformative force, converting “unfree” feudal property into “free” bourgeois property through the “liberation of land”. The paper systematically reviews comprehensive criticism of Stein’s ideas from Marx, Chicherin, Mikhailovsky and other, concluding that although Stein’s project of a “social monarchy” was rejected by almost all ideological camps, his diagnostic framework retains substantial value. Conclusions. The study confirms the enduring relevance of Stein’s sociological approach to property rights, his analysis of the link between forms of ownership and social structure, and his theory of the proactive state. These ideas provide a valuable methodological resource for analyzing contemporary problems of property legitimation, balancing individual freedom with distributive justice, and defining the state’s role in economic regulation. Stein’s work is thus presented not as a mere historical monument but as a living source for interdisciplinary legal and social research.

THE LAW ENFORCEMENT BY PUBLIC AUTHORITIES

15-24 43
Abstract

The subject of the article is the legal regulation of Russia's cultural sovereignty in the context of the axiological content and systemic relationship between concepts and priorities of youth education.

The aim of the study is to confirm or disprove the hypothesis that the public-legal support of Russia's cultural sovereignty becomes a key defense mechanism, the effectiveness of which directly depends on the systemic coherence and conceptual clarity of axiological priorities enshrined in strategic planning documents and sectoral legislation. It is eve important under the conditions of the transformation of classical fascism into civilizational and value-based neo-fascism that employs "soft power" methods and informational psychological influence to erode national identity.

The methodology is contest and formal legal analysis of research papers and Russian legislation.

Main results and conclusions. The ideology of fascism transformed into civilizational and value-based neo-fascism. The response to its destructive informational and psychological impact was the strengthening of the trend in legal regulation to prioritize traditional spiritual and moral values. At the same time, there is a lack of clarity in the conceptual framework and systemic relationship between the priorities of cultural sovereignty in strategic planning documents and legislation. The necessity of adopting a federal law on culture, taking into account modern geopolitical challenges, is substantiated.

25-34 38
Abstract

The subject. The paper considers the concept of legal regimes, establishes their division into ordinary and emergency ones, and analyzes the regulatory framework of the establishment of emergency legal regimes in certain territories of the Russian Federation under special military operation.

The choice of the research subject is due to the fact that the establishment of emergency regimes, as a rule, is associated with the restriction of human and civil rights and freedoms. In this regard, the issue is whether the establishment of emergency legal regimes under special military operation is in accordance with the Constitution of the Russian Federation and whether there is a legal justification for restricting human rights when they are introduced. The issue of implementing federal norms governing special regimes at the level of the constituent entities of the Russian Federation is also relevant.

The purpose of the study: to carry out a comparative analysis of emergency legal regimes established by Russian legislation and to consider their legality in applying in the certain territories of the Russian Federation under special military operation.

Methodology. When writing a paper, we used historical, comparative legal methods and formal legal ones, and methods of analysis and synthesis as well.

Conclusions. An analysis of regulatory legal acts showed that various legal regimes apply to individual objects and subjects of law in all branches of it. Most of them operate in everyday life and do not restrict human rights. However, there are special (emergency) legal regimes that apply in emergency circumstances and require special response measures, including those related to the restriction of human and civil rights and freedoms. These measures can be provided only by federal laws in accordance with Article 55 of the Constitution of the Russian Federation. At present, four those regimes were provided by legislation: the martial law regime, the state of emergency, the counter-terrorism operation regime and the emergency mode. Under the special military operation, three of four emergency regimes are in force in certain Russian territories. The federal authorities have imposed martial law regimes in the Donetsk People’s Republic, the Lugansk People’s Republic, the Zaporozhye and Kherson regions and counter-terrorism operation regime in the Belgorod and Kursk regions as well.

The authorities of the constituent entities of the Russian Federation have introduced an emergency regime in the Bryansk, Kursk, Belgorod and Voronezh regions. However, based on statutory definitions of the counter-terrorist operation and martial law, one should establish a state of martial law in the Kursk region.

Medium and maximum response modes established by the Decree of the President of the Russian Federation No. 757 "About measures, carried out in the constituent entities of the Russian Federation in accordance with the Decree No. 756 signed by the Russian President in October 19, 2022" were not provided by regulatory acts. Therefore, in accordance with federal law No. 67 "About the protection of public and the territory from natural and technological emergency" the authorities of the constituent entities of the Russian Federation set up the emergency regime and operate within it on the basis of the existing legal framework limited by the norms of the Constitution of the Russian Federation.

35-45 39
Abstract

The subject. The article is devoted to the study of the legal structure of the Simplified Limitation on Benefits Provision (SLoB clause) in the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI). The author's attention is focused on tax residents of the Contracting States who are recognized as qualified persons for the purposes of double taxation agreements, as well as the concept of an “equivalent beneficiary”.

The purpose of the study is to critically analyze the Simplified Limitation on Benefits Provision (SLoB clause) in the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI), considering both the conceptual and practical aspects inherent in its main elements. The study is based on empirical methods of comparison and description, theoretical methods of formal and dialectical logic.

The main results. The author reveals the legal construction of the Simplified Limitation on Benefits Provision (SLoB clause). The article compares the concept of an “equivalent beneficiary” with the concept of a “beneficial owner” (a person who has the actual right to income). The author reveals the sequence of application of the main purpose test and the simplified provision on the limitation of benefits provided for in Article 7 of the multilateral tax convention.

Conclusions. The author concludes that the analyzed rule is designed in such a way that the SLoB clause does not restrict access to preferences that are not the result of reciprocity between partner states based on the status of a tax resident of a Contracting State. The concept of an “equivalent beneficiary” is based on a comprehensive assessment of the system of double taxation agreements (other international agreements) and related parties (“test groups”). The SLoB clause takes a slightly different approach to providing tax benefits than is provided for by the classical concept of the beneficial owner (Articles 10 (Dividends), 11 (Interest), 12 (Royalties), less often – Article 21 (Other income)). At the same time, the SLoB clause design also relies on “test groups”. And this is evident not only in relation to an equivalent beneficiary, whose potential right to benefits – similar or more beneficial – opens access to benefits for a resident of a Contracting State in whose authorized capital equivalent beneficiaries participate (directly or indirectly, at least 75%). A similar approach can be observed in the sub-item “b” clause 10 of Article 7 of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI), where the income of a “connected persons” is interwoven into the permissive perimeter.

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Abstract

The subject of this study is tax control as one of the key forms of financial control in public finance, including its traditional manifestations – tax audits – and its modern form – tax monitoring. Particular attention is paid to the legal foundations, procedural mechanisms, and regulatory dynamics of these instruments, as well as the contradictions between the state objectives of tax control and the rights of taxpayers.

The aim of the study is a systemic analysis of the legal regulation of tax control in Russia and the limits of such legal regulation.

The methodological basis of the study includes a comparative legal method (comparison of tax audits and monitoring), a formal legal method for identifying contradictions in legislation, and a systems approach for assessing the interaction of tax control institutions within the rule of law.

Main results. A clear understanding of the limitations and limits of legal regulation of tax control is essential for ensuring the effectiveness and legitimacy of tax control. Limitations and limits of legal regulation of tax control are two different concepts that must be clearly distinguished. Limitations in tax control are, rather, temporary and procedural measures introduced due to special circumstances. They do not completely suspend tax control, but merely modify procedures to make tax control more resilient to circumstances and crises. Limitations do not affect all tax control, but only certain aspects. Limits in tax control are the framework established by tax legislation (primarily the Tax Code of the Russian Federation). It can be said that the limits of legal regulation are stable frameworks, while limitations (as a supplement to limits) are more flexible tools within the established limits, changing individual rules for conducting tax control without affecting it entirely. For example, in certain cases, the deadlines established by Article 88 of the Tax Code are suspended but not cancelled, and exceptions ensure a balance between the interests of the state (budget revenues) and taxpayers (crisis support). Limits are permanent frameworks defined by the Tax Code, where tax control is autonomous from general laws. Research shows that restrictions apply within these limits without changing them: for example, deadlines are suspended, but the procedures and powers of control bodies remain in the Tax Code. In a form of tax control such as tax monitoring, expanding the powers of tax authorities cannot be justified solely by the goal of increasing the efficiency of tax and fee collection if it occurs outside a strict legal framework and without ensuring a balance with taxpayer rights. It seems that it is the limits of legal regulation, enshrined in legislation, that should determine where legitimate control ends and unjustified interference begins, so as not to undermine the trustworthy basis of tax monitoring.

THE LAW ENFORCEMENT BY LOCAL AUTHORITIES

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Abstract

The subject. The crisis of local self-government forces us to turn to the core of the modern concept of local self-government – its collective subjectivity. The remaining deep discrepancies regarding the purpose of this setting and the method of its legislative support are one of the reasons for the current crisis of local self-government, which has turned out to be unable to resist the administrativization of local power. Municipal power is too far from being the power of the collective.

The author’s goal is studying of the problem of legal support for the collective subjectivity of local self-government. It requires investigation of two questions: the most preferable social term for the law; the most adequate method(s) of legal provision of such subjectivity. Main results and conclusions. Analysis of the content of the terms population, territorial collective, and local community allows us to draw a conclusion that the latter is optimal. “Local community” is a community localized on a territorial basis for the purpose of solving problems of livelihoods through democratic action. The existing two-level scheme of subjects of law does not properly ensure the subjectivity of the local community, but carries serious risks of ideologization. The article demonstrates the advantages of the category of municipality – a subject of law that embodies the subjectivity of the local community.

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Abstract

The subject of the research is the norms of Russian law governing the sphere of municipal government, Russian and foreign doctrinal sources devoted to the application of artificial intelligence technologies at the municipal level.

The purpose of the study is to identify the risks and prospects of legal regulation of artificial intelligence technologies in municipal government.

Methods. The work used general scientific methods, including abstraction and modeling, analysis and synthesis, analogy, deduction and induction, as well as private scientific methods: formal-legal and comparative-practical. The main results.

The main problems associated with the introduction of artificial intelligence into the municipal management process were identified – excessive bureaucratization, personnel, corruption and infrastructure risks, proposals were made to minimize and overcome them, and prospects for the development of municipal management in the context of digital transformation through AI were assessed.

Conclusions. The use of artificial intelligence leads to significant changes in the functioning of municipal authorities in various spheres of public life, including the economic one. New opportunities are emerging to optimize resource management and business support processes, provided the right approach is taken to information protection and staff training. We believe that we should not rush to introduce AI into the processes of providing municipal services to the public, since AI does not have emotional intelligence and cannot take into account interpersonal relationships and emotions, which play an important role both in politics and in interpersonal relationships, including those prevailing in the management environment. This may affect the effectiveness of the decisions made. In addition, making decisions related to human rights, social justice, and other ethical issues requires deep moral reasoning, which AI currently cannot provide. It is premature to talk about full automation of management.

It is concluded that it is necessary to train specialists who are able to professionally configure and use AI for each specific region, city, and other locality with specific economic, geographical, cultural, social, ethnographic, climatic, political, and other features. In general, some aspects of the management of state and municipal affairs can be entrusted, such as data collection and analysis, forecasting and planning, but the final decisions must be made by the individual himself. In order to successfully implement artificial intelligence and neural networks in the management of state and municipal affairs, it is necessary to have the appropriate knowledge and skills. The introduction of artificial intelligence into municipal government allows not only to speed up work, but also to some extent solve the problem of the shortage of qualified specialists in the field.

THE LAW ENFORCEMENT BY THE ADMINISTRATIVE JURISDICTION BODIES

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Abstract

The article analyzes the essence of environmental offenses, including administrative offenses in the field of ecology; reveals the types, as well as the substantive features of administrative environmental offenses, outlines areas for improving mechanisms for identifying environmental risks and their institutionalization as torts at the level of legislation on administrative responsibility.

The object of this research is the social relations that develop in the field of implementing the mechanism for applying administrative penalties for committing administrative offenses that infringe on public order in the field of ecology and the environment. The subject of the research is the legal structures of legal norms, the principles and mechanisms of legal support for administrative and tort policy, and administrative practice in the field of environmental protection and ecological safety.

The research is based on the analytical method, which allows us to study approaches to implementing strategic directions of state policy aimed at increasing the effectiveness of the organizational, legal, administrative, and jurisdictional mechanism for environmental protection. The formal legal method helps to identify systemic and structural connections, legal and technical features of the legal regulation mechanism, as well as problems in its functioning and law enforcement practices in the field of public relations in Russia. The empirical basis of the study is based on regulatory legal acts of Russian legislation, administrative practice, doctrinal positions and applied provisions (conclusions) stated in scientific publications. Among the information sources were used statistical materials, reports of national authorities, as well as analytical reports, monographs, scientific articles concerning the issues of development of the institution of environmental administrative liability.

Main results. Environmental protection and ensuring human ecological well-being is an important area of public policy that requires the use of a wide range of tools, including organizational, legal and regulatory ones. The institute of legal and, above all, administrative responsibility is one of the mechanisms for countering potential threats and risks of causing damage to the environment and the environment. The institute of administrative responsibility for environmental offenses is characterized, the role of administrative responsibility in the implementation of state environmental policy aimed at minimizing (reducing) environmental risks is outlined. Modern regulatory, technical and enforcement problems of administrative legislation in the framework of countering the commission of environmental offenses, are separately investigated, promising areas of administrative and legal influence in terms of establishing administrative responsibility in certain areas of environmental relations are identified.

THE LAW ENFORCEMENT BY THE JUDGES

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Abstract

Subject of the research. Citizens' right to appeal to the Constitutional Court of the Russian Federation against a violation of constitutional rights and freedoms by a law or other regulatory act applied in a specific case should be defined as a direct appeal. Judges' inquiries, permissible when a judge questions the constitutionality of the law applicable in a case, may be considered an indirect appeal by citizens. The purpose of the research: to determine the nature of responsibilities for indirect regulatory control of courts for compliance of the law with the Constitution. Research methods: formal-legal method, analysis, synthesis, formal-logical method.

The main results. In addition to the element of a violation of the applicant's rights and freedoms, in accordance with Article 97 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation," a complaint against a violation of constitutional rights and freedoms by a regulatory act is admissible subject to two additional interrelated conditions: the exhaustion of all other domestic judicial remedies for the applicant's rights and the compliance with the appeal deadline (one year), the calculation of which is directly related to such exhaustion.

The rule of exhaustion of domestic remedies as a condition for the admissibility of a complaint is borrowed from the European Court of Human Rights. However, with regard to the activities of the Constitutional Court of the Russian Federation, two "buts" arise with such borrowing: (1) the Constitutional Court of the Russian Federation is a national body, albeit external to the system of courts of general jurisdiction and arbitration courts; the ECHR is supranational; (2) the European Court positions itself as a complementary means of protection to domestic methods of protecting human rights. The Constitutional Court of the Russian Federation takes a different approach when delineating its jurisdiction from the courts: a court of general jurisdiction or arbitration court, having concluded that a federal law or the law of a constituent entity of the Russian Federation is inconsistent with the Constitution of the Russian Federation, is not entitled to apply it in a specific case and is obligated to request the Constitutional Court of the Russian Federation to review the constitutionality of this law. This obligation exists regardless of whether the case considered by the court, which refused to apply the law it deemed unconstitutional, was decided on the basis of the directly applicable provisions of the Constitution of the Russian Federation. The rule introduced into Russian legislation requiring the exhaustion of domestic remedies before a citizen can appeal to the Constitutional Court of the Russian Federation against a violation of constitutional rights and freedoms by a normative act is not a full-fledged borrowing of the similar principle of admissibility of complaints in effect at the European Court of Human Rights. Only the condition, not the nature of the activities of these "domestic" bodies, is borrowed.

Conclusions. Both ways of appealing to the Constitutional Court of the Russian Federation— direct and indirect—require specific court activities to identify alleged inconsistencies between a law and the Constitution of the Russian Federation (indirect normative review). Special responsibility is assigned to the second cassation and supervisory instances as the final instances among domestic remedies. Given that the subject of these instances must necessarily be the issue of the alleged inconsistency of a law with the Constitution of the Russian Federation, the issue should ideally be resolved at the level of the Supreme Court of the Russian Federation. A citizen's appeal to the Constitutional Court of the Russian Federation may indicate an error on the part of the court system, and specifically the Supreme Court of the Russian Federation, which has failed to fulfill its responsibility for indirect regulatory oversight.

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Abstract

The subject of this study is social security legislation, the practice of its application and judicial practice. When a social risk arises, people require support and turn to the state for social payments, benefits and services. However, realizing these rights is often difficult. Social security legislation is very complex and subject to frequent changes. There is no Social Security Code. All this complicates the practical application of the legal provisions. Statistics show that citizens consider judicial protection of their rights to be the most effective. The purpose of the article is to identify problems in the social security legislation application through the study of the legislation itself, the practice of its application and judicial practice. The methodology of the study includes general scientific methods - analysis, system approach as well as special methods – comparative-legal, formal-legal.

The main results. Theoretical problems in the social security law application stem from the lack of a unified scientific approach to the scope, principles, and terminology of this area of law. Consequently, legislation develops chaotically. Practical problems stem from the fact that agencies providing pensions, benefits, social services must guarantee a uniform approach to each case, but they do not always do so. In cases of violations, courts correct deficiencies in the provision of social security through their decisions. However, the example of the provision of a social service – sanatorium treatment – shows that judicial practice is not always uniform itself. The final decision is made by the Constitutional Court of the Russian Federation, which identifies shortcomings in legislation and its application and corrects the legal mechanism for protecting against social risks. The article also examines changes to the procedure for determining liability and compensating for moral damages. Social security legislation does not directly provide for compensation for moral damages. However, if the denial of social benefits or a significant reduction in their amount is due to the fault of the authorized body, compensation for moral damages is now possible. The court when making a decision takes into account the nature of the violated right (the right to a dignified life, to an adequate standard of living), the individual characteristics of the plaintiffs (age, marital status), the degree of culpability of the body, and the period during which the violations occurred.

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Abstract

The article examines how the certainty of criminal law norms affects lawmaking and law enforcement in contemporary Russia. The subject of the research is the legal certainty of Russian criminal law and the ways to minimize inevitable legal uncertainty at both the legislative and law-enforcement stages. The authors start from the premise that uncertainty of criminal norms is objectively unavoidable, but excessive vagueness in wording and practice leads to arbitrary and unjustified application of criminal law with tragic consequences for individuals and for the state.

The core hypothesis is that the goal of criminal policy should be not the elimination, but the rational minimization of legal uncertainty, and that this requires coordinated changes in legislation, interpretative practice, and judicial approaches to corruption and organized crime.

Methodologically, the authors employ doctrinal legal analysis of constitutional and criminal legislation, case law of the Constitutional Court and ordinary courts, comparative study of the legislation of Belarus and Georgia, as well as a criminological assessment of statistical data on convictions under new provisions of the Criminal Code adopted in connection with the Special Military Operation. They also use elements of legal forecasting and criminological expertise to evaluate the predictive quality of criminal-law novelties. The main results show, first, that many new SVO-related criminal provisions are either not applied at all or are applied sporadically, which reveals low prognostic quality of lawmaking and three typical defects of legislative technique: legal uncertainty, excessive certainty, and fictitious certainty (for example, in norms with administrative pre-judication, norms requiring only direct intent, or multi-part provisions that are de facto unenforced). Second, the analysis of Article 210¹ on occupying a higher position in the criminal hierarchy demonstrates that the absence of legal definitions and special legislation leads to selective enforcement focused on “thieves in law”, while leaders of other criminal communities remain beyond the scope of this norm. Third, the authors highlight a “corruption-friendly” sentencing practice, where courts routinely recognize positive service characteristics, awards, and social status of corrupt officials as mitigating circumstances, thereby undermining public trust and weakening general prevention.

In conclusion, the article argues for: adoption of a Federal Law on normative legal acts based on the Belarusian model; a systematic revision of criminal-law provisions to remove defects that generate uncertainty; adoption of a Federal Law on combating organized crime that would legally define forms of criminal leadership; and a revision of anti-corruption criminal policy to exclude the use of honorary awards and positive performance evaluations as mitigating circumstances for corruption offences. These measures, in the authors’ view, would significantly reduce unjustified legal uncertainty and strengthen the effectiveness and legitimacy of criminal law enforcement in Russia.

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Abstract

The subject of this study is the provisions of Russian criminal law concerning criminal bankruptcy, as well as the provisions of Russian bankruptcy law regarding the elements of a debtor’s bankruptcy.

The aim of this article is to provide a scientific justification for the hypothesis that the circumstances of the commission of the crime provided for in Article 195 of the Criminal Code of the Russian Federation (“signs of bankruptcy”) are identical in substance to the consequences of the crime provided for in Article 196 of the Criminal Code of the Russian Federation (“inability to satisfy creditors’ claims”) and are determined by the signs of objective bankruptcy.

Methodology. Specialized legal methods were also used. In particular, the comparative legal method was used to compare the provisions of Russian criminal legislation on criminal bankruptcy with Russian bankruptcy legislation in order to identify common features and differences in the examined signs of criminal bankruptcy in these branches of Russian law. The formal-legal method is used to analyze bankruptcy legislation in order to substantively define the characteristics of the provisions on criminal bankruptcy. Using a systemic-structural approach, this study analyzes and systematizes such objective elements of the crimes defined in Articles 195 and 196 of the Criminal Code of the Russian Federation as “signs of bankruptcy” and “inability to satisfy creditors’ claims.”

Main results. The author proposes rules for distinguishing the provisions of Article 195 from Article 196 of the Criminal Code of the Russian Federation, firstly, by the circumstances in which these crimes are committed and, secondly, by their subjective side (intent).

Conclusions. The “signs of bankruptcy” in Article 195 of the Criminal Code of the Russian Federation and “the debtor’s inability to fully satisfy creditors’ claims for mandatory payments” in Article 196 of the Criminal Code of the Russian Federation should be understood as the debtor’s total liabilities exceeding the actual value of its assets (objective bankruptcy). Unlike Parts 1, 1.1, and 5 of Article 195 of the Criminal Code of the Russian Federation, the acts provided for in Article 196 of the Criminal Code of the Russian Federation are committed in the absence of circumstances indicating that the total amount of the debtor’s liabilities exceeds the actual value of its assets (objective bankruptcy), but with the intent to bring about such a situation.

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Abstract

The article addresses a subject of acute contemporary significance: the criminal law protection of personal data under conditions of an emerging data economy.

The research hypothesis advanced by the authors posits that, while the enactment of Article 2721 of the Criminal Code of the Russian Federation represents a qualitatively new stage in the evolution of criminal law protection of personal data, the legislative construction of this norm contains substantial conceptual and technical deficiencies that impede effective law enforcement and require systematic legislative correction. The stated aim of the study – to determine the mechanism of criminal law protection of personal data in a data economy, assess the effectiveness of the new legislative instrument, and formulate proposals for its improvement – is declared as fully achieved by the authors.

The methodological framework of the study integrates general scientific methods – dialectical, systemic-structural, formal-logical, analytical and synthetic approaches – with specialised legal methods, including comparative law, formal dogmatic analysis and statutory interpretation.

The principal results of the research are structured across several interrelated dimensions. First, the authors examine the legal nature of personal data as the subject matter of criminal offences, demonstrating that, within the data economy paradigm, personal information acquires characteristics fundamentally distinguishing it from traditional objects of legal protection: it may be reproduced, aggregated and enriched without apparent detriment to the original subject, which substantially complicates the criminal qualification of unlawful acts. Second, the paper provides a systematic analysis of the corpus delicti under Article 2721, identifying the constituent elements of its subject matter – computer information, the personal data content thereof, and the illegal origin of such information – as a tripartite construct that is unique within Russian criminal law and demands careful doctrinal elaboration. Third, the authors critically examine the legislative placement of Article 2721 within Chapter 28 of the Criminal Code (crimes in the sphere of computer information), arguing that the primary object of the offence is not computer security but rather the constitutional right of the individual to privacy, personal and family secrecy as guaranteed by Article 23 of the Constitution of the Russian Federation, thereby supporting the position that normative placement within Chapter 19 would be more doctrinally coherent. Fourth, the study conducts a rigorous analysis of qualification problems arising from competition between Article 2721 and related criminal law provisions, including Articles 137, 183, 272 and 2741 of the Criminal Code, proposing specific rules for resolving such conflicts in practice.

The authors propose a normative clarification of the concept of “illegal acquisition” of personal data by way of a cross-reference to the grounds established by Federal Law No. 152-FZ on Personal Data; and the introduction of an immunity provision within the footnotes to Article 2721 for persons who voluntarily disclose unlawfully obtained data arrays, modelled on analogous incentive norms elsewhere in the Criminal Code.

THE LAW ENFORCEMENT BY BODIES OF CRIMINAL EXECUTIVE SYSTEM

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Abstract

Subject. Legal regulation of the implementation of state coercive measures at the “pre penal”, “penal”, and “post-penal” stages of the criminal justice system's activities. The purpose of this article is to analyze systemic deficiencies in the legal regulation of implementing preventive measures, criminal liability, and post-penal (post-punitive) control, which are among the main prerequisites for forming an "integrative" criminal executive law with expanded regulatory boundaries.

The methodology. Formal-legal, comparative-legal, historical-legal, and systemic methods were used.

The main results and conclusions. The author analyzes systemic shortcomings in the current legislation governing the enforcement of various types of state coercive measures differing in their legal nature at different stages of the criminal justice system’s operations. These include gaps, conflicts, and other legislative technical flaws, insufficient legal protection for suspects, defendants, and convicts, inadequate legal foundations for monitoring compliance with their rights, freedoms, and legitimate interests, and insufficient continuity between the stages of criminal justice activities. Many of these issues should be resolved by a new codification of penal law with extended regulatory boundaries. The anticipated benefits of such codification include improved qualitative consistency and effectiveness of legal tools for combating crime, increased number and greater legal force of guarantees for participants in relevant relationships when applying the most severe coercive measures to maintain public order against criminal offenses, enhanced ease of application due to reduced numbers and content of sources of penal law regulations, improved clarity and accessibility of legislation, shorter timeframes to achieve a certain level of evolution in the penal system, and ensuring a balance between societal and governmental interests and needs.

THE LAW ENFORCEMENT IN INTERNATIONAL LAW

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Abstract

The subject. Neither the public order and mandatory rules nor the basic principles of international law provide protection against attempts of transnational legal supremacy. The further progressive development of international law in this area is required.

The aim. The authors consider extraterritoriality as a fundamental legal and political issue that requires the special complex regulation.

The methods of historical and comparative legal analysis made it possible to identify various manifestation of extraterritoriality and to define basic principles of the regulation hereof. The comprehensive analysis of existing and required regulations is based on a comprehensive stocktaking of the current international law.

Main results. A State exercises its right to legislate, enforce and supervise the implementation of laws within its borders. Numerous exceptions to this rule, namely attempts to exercise jurisdiction extraterritorially, have arisen. "Legal expansion" began to acquire widespread scope in the 20th and 21st centuries regarding antitrust, banking, currency legislation, export regulations, anti-corruption laws, economic "sanctions" etc.). The various types of the extraterritorial application of national law have never been analyzed in their entirety. A document intended to serve as the basis for international regulation was prepared within the UN in 2006. The UN has not returned to its discussion over the past 20 years. However, legal expansion and measures to block it may render impossible the international economic exchange. The authors substantiate that a detailed legal regulation of the extraterritoriality is necessary. The main question is whether a state or the international law shall establish the spatial limits of national law.

Conclusion. Draft articles as a special international legal act shall be adopted, and the authors have prepared a sample of such an act suggesting it for broad discussion.

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Abstract

The subject. In modern conditions, the problem of independence and impartiality of arbitrators within the decentralized, fragmented and largely ad hoc Investor-State Dispute Settlement (ISDS) system manifests itself in three main forms: issue conflict, repeat appointments, and double hatting. This article focuses on the latter phenomenon.

Methods. The research is based on traditional methods of system analysis, deduction and induction, as well as the study of international legal instruments, arbitral decisions and national court practice.

Main results. Investment arbitration, having inherited key features from international commercial arbitration – particularly the parties’ right to appoint arbitrators – reveals specific complexities. Arbitrators are typically not full-time adjudicators and often combine this role with other professional activities. On the one hand, such duality ensures the availability of highly specialized expertise. On the other hand, it creates risks, as the only formal requirement for appointment is the parties’ choice. The widespread practice of double hatting – simultaneously or sequentially acting as arbitrator, counsel, or expert – may undermine the principles of independence and impartiality, and ultimately the rule of law. Against this background, current ISDS reform discussions, including proposals for a permanent investment court, aim to reduce or eliminate role combination. However, the justification and usefulness of such reforms remain debatable.

Conclusions. States are increasingly focused on strengthening safeguards of arbitrators’ independence and impartiality. This includes limiting double hatting, tightening eligibility criteria, refining appointment and challenge procedures, and enshrinement in international law the duty of arbitrators to disclose relevant circumstances or decline appointments. At the same time, a new form of “moral capital” is emerging, reflected in the fact that arbitrators voluntarily renounce performing multiple roles.



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ISSN 2542-1514 (Print)
ISSN 2658-4050 (Online)