The paper is devoted to the relay race (succession) of social regulators. Their race has been going on throughout the existence of humanity. Due to the economic transformation, four stages in the development of

society can be distinguished. The system of social regulators is extensive (there are 12 such systems in total). Only the leaders of the relay race, or basic social norms, are subjected to detailed analysis. The basic ones are the regulators responsible for vital social relations (management or power relations, property and deviations). Leadership in the social regulation relay race belongs to customs (in primitive society), then it passes to religious norms (in agrarian society). The rules of law are becoming dominant in an industrial society. Moral norms are becoming of paramount importance in the information society. This sequence is not accidental. The author hypothesizes that it is determined by the evolution of human consciousness and corresponds to its stages. The consciousness of humanity has traveled the following path: first, humanity relied on the visual perception of the world. Then, its auditory comprehension was added. Then the humanity comprehended it through the activity and, finally, it resorted to analytical comprehension. Having fulfilled its role as the main means of regulation, a basic social regulator transfers the leadership mission to another regulator more suitable for the changed social conditions. However, the social norms that have given way to leadership continue to perform regulatory functions, but now they are of secondary nature. Humanity’s intellectual accumulations remain, and it would be wasteful to dismiss them altogether.

The paper examines problematic aspects of implementation of the right to health protection and medical care in the context of the development of ideas about a right as a regulator of behavior based on the responsibility of the copyright holder for independent choice. It is noted that health protection as one of the main human values attracts the increased attention of all participants involved in the process. It is characterized by a high level of conflict and, therefore, it requires the use of the most advanced legal technologies for a fair and effective regulation of the relations under consideration. A very sensitive and priority area of interests of every citizen is affected from the standpoint of the effectiveness of the protective properties of the right construction. Using the decisions of the Supreme Court of the Russian Federation, the author proves the limited possibilities of detecting violations of the patient’s rights while ignoring the differences between a right and a law. The paper substantiates the need to correct ideas about the right, identifying it with the mechanism of legislative implementation. The author consolidates new knowledge necessary for the development of theoretical aspects of the interaction between the right and the law in the direction of strengthening the potential of the subjective right as a tool for regulating relations in conditions of objective limitations of the legislative form. The author concludes that the prospects for strengthening the legal space in which the level of protection of subjective rights in the field of health protection correlate with the ability of legal regulations to provide rights holders with the opportunity to freely and responsibly choose a trajectory of behavior that does not exclude (gives a chance) to increase the level of quality indicators of medical care.

The paper aims to find and describe the differences between the legal structure of public control and its implementation based on the results of implementing Federal Law No. 212-FZ dated 21.07.2014 «On the Foundations of Public Control in the Russian Federation» by local public chambers (councils). The author examined the data on the implementation of public control from the official websites of local public chambers (councils), the list of which was taken from the relevant official websites of state authorities of the constituent entities of the Russian Federation. The author analyzed 5 % (19 websites) out of the total number of websites of constituent entities of the Russian Federation where information about public chambers was found. The author carried out the analysis of legislation and municipal legal acts regulating the relations in question, as well as documents of public chambers (councils) on the implementation of control from 2019 to 2023. The author concludes that public control is used primarily as a form of assistance to citizens provided by local governments, while the provisions of the Federal Law «On the Foundations of Public Control in the Russian Federation» fixing the list of control objects are interpreted broadly, and the provisions regulating the composition of information to be posted by control entities based on the results of verification activities are restrictive.

The paper elucidates the genesis and current state of the institution of challenging administrative decisions on bringing to administrative responsibility in arbitrazh courts. The periods of the Soviet Union during perestroika, as well as the modern Russian Federation, are widely covered. The paper points out the problem of an unreasonably high burden on arbitrazh courts due to complaints against administrative bodies. The paper describes the characteristics of participants involved in the arbitrazh procedure regulated under Article 207 of the Commercial Procedural Code of the Russian Federation (CPC RF). The paper dwells on problems related to the definition of the subject matter jurisdiction of the arbitrazh court and the differences between cases considered under the norms of the Administrative Code of the Russian Federation and cases considered under the norms of the CPC RF. In addition, the author provides the cases of the most common strategies employed by applicants regarding pointing out the insignificance of the offense and the attitude towards small businesses. The author proposes to amend Article 210 of the CPC RF to expand the grounds for the mandatory appearance of a representative of an administrative body, as well as Article 207 of the CPC of the Russian Federation, allowing the self-employed to be considered possible applicants in arbitrazh (commercial) courts on an equal basis with individual entrepreneurs.

A single budget account is one of the effective tools for uninterrupted payments and ensuring control over the financial resources of public law education. The article considers the legal regime of the single budget account, defines the features of the legal regime for accounting for budget revenues and expenditures on a single account, analyzes the budgetary powers of direct and indirect participants in the treasury payment system to manage the funds of the single budget account. It is emphasized that the single budget account for public law education has become the result of the evolution of payment and information technologies, the modern level of development of which has made it possible to make all payments without exception in favor of public law education and from public law education through one account. The study determined that the single budget account allowed to create additional mechanisms to increase its liquidity and solvency of public law education. The purpose of the article is to prepare proposals for improving the legal regulation of the single budget account based on an analysis of the key elements of this legal institution and the specifics of its functioning in the context of the treasury payments system. 

The paper examines amendments in public law regulation of currency transactions in the Russian Federation related to the formation of a counter-sanctions legal regime. Special attention is paid to new opportunities for cross-border settlements related to foreign economic activity and law enforcement practices implemented by government agencies of the Russian Federation in the face of unfriendly actions by foreign States. The paper highlights the role of a new independent institution, namely, currency monitoring. The final part examines the consequences of the introduction of special mechanisms aimed to protect Russian national interests in the face of sanctions. It is noted that novelties in Russian legislation, as well as modern approaches of Russian researchers to issues of public law regulation of currency relations in general, form fundamentally new legal mechanisms for protecting national interests in the context of tightening sanctions pressure from unfriendly countries, primarily in foreign economic activity.

In recent years, the debate on the expediency of codifying information legislation has been gaining momentum. Some researchers deny its necessity referring to the lack of examples of such codification in the world, the vagueness of the subject matter of legal regulation, the mixing of private and public regulation and the negative consequences for the information technology industry. Upon careful consideration, all these arguments are easily refuted. Other authors, following the «legal fashion» of recent years, talk about the need to adopt the Digital Code of the Russian Federation. It is difficult to agree with such a proposal, since this will divide information relations into two unequal parts, provoke conflicts in legislation and it is not fully adequate to the technical nature of information relations. The paper provides new arguments in support of the third group of researchers who advocate the need to develop the Information Code of the Russian Federation. This task is more difficult than the development of a Digital Code, but it is precisely this path that is determined by the current state of affairs in the industry and the logic of the development of information legislation. The paper also contains a range of social grounds in support of such a codification

The use of digital technologies in entrepreneurial activity expands the boundaries within which it is possible to identify and subsequently use commercially relevant information. The digital economy, on the one hand, creates an environment where businesses are able to implement the actual or potential value of information that constitutes a trade secret more widely, and, on the other hand, it creates new risks in the information environment that businesses may not be ready for. It is becoming relevant to search for new manifestations of trade secrets in the digital environment. The main purpose of the study is to substantiate the pattern of changes in views on commercially significant information in the digital economy. A secondary goal is to disclose the possible practical use of digital technologies when working with information that constitutes a trade secret. The stated goals determine the task of rethinking the very institution of trade secrets under the pressure of new technologies. Methodologically, the study is based on comparison, analysis, synthesis, and modeling. The study described a number of perspectives for rethinking the institution of trade secrets. The use of digital technologies is not recognized as an obligatory factor in the functioning of commercial secrets in the new conditions, but the involvement of such technologies in the business sphere can expand the horizons of the range of information constituting a commercial secret, as well as lay the foundation for an approach to secrecy protection in which any deliberate act of violating it is outlawed. Under the current legal regulation and established judicial practice, failure by the owner of the trade secret to perform the formal actions listed in the paper may lead to the conclusion that the trade secret regime has not been established, and this legalizes the actions of the offender.

The paper substantiates the applicability of contract law principles to relations between majority and minority participants in civil law communities. Majority shareholders, by suppressing the will of minority shareholders in making decisions at the meeting, have obligations to conduct someone else’s business, which are of a contractual nature. The volitional principle in the relations of various participants in civil law communities and parties to the agreement is compared. Studying corporations, whose bodies represent the most doctrinally developed civil law communities, we demonstrate both the fundamental possibility of applying the principles of contract law to relations arising between the participants of a corporation, and the possibility of determining the content of legal relations between them. The paper presents arguments in favor of the fact that the relations between participants in a number of civil law communities are similar to the relations that arise between the parties to a contract of adhesion. It is substantiated that the content of relations between majority and minority shareholders, regardless of the type of civil law community, should be based on provisions on representation. Depending on the type of civil law community, the standard of conduct of the strong party to the contract of adhesion, the provisions of contract law that take into account the characteristics of the subjects as persons carrying out entrepreneurial activity are also applicable. It is proposed to formulate standards of conduct for majority shareholders depending on the type of civil law community in the law. However, in the absence of such norms, it is proposed to rely on the provisions on representation, contractual types and structures, and general provisions of the Civil Code of the Russian Federation when formulating the standard of conduct for majority shareholders. 

The paper scrutinizes the mechanism for a contract convalidation, enshrined in paragraph 4 of Article 178 of the Civil Code of the Russian Federation, which has a wide scope of application and is a manifestation of the principles of good faith and stability of contract. Particular attention is given to the study of a controversial issue as to legal and factual basis for the convalidation of a contract concluded due to misrepresentation, when the counterparty of the person in representation expresses their consent to maintain the validity of the contract under the changed terms. The author proceeds from the grounds that the interpretation of the rehabilitation mechanism as contractual is unfounded (clause 4 of Article 178 of the Civil Code of the Russian Federation is devoted to changing the terms of a contract under the control and with the assistance of the court; this, however, does not exclude the possibility of extrajudicial revision of contractual provisions by agreement of the parties). The rationality of the retroactivity of the updated terms of the contract is proven, but as a general, not an exclusive rule (according to the author, it would be justified to recognize the court’s ability to extend the effect of the transformative decision in whole or in part to the future). The study of the issue of the conjugation of the provisions of paragraph 4 of Article 178 and Article 157.1 of the Civil Code of the Russian Federation ends with the conclusion that it is inappropriate to qualify the consent of the counterparty of the mistaken party as a type of approval (in the sense of Article 157.1 of the Civil Code of the Russian Federation).

The paper examines doctrinal proposals aimed at developing the institution of limitation period in labor legislation. The relationship between the limitation periods for the labor dispute commission (LDC) and the court is considered. Based on the analysis of the norms dedicated to bodies for the consideration of individual labor disputes, the concept of a single limitation period for the Labor Dispute Commission and the court was formulated. The thesis on the devaluation of the significance of statutes of limitations in the absence of time limits for filing an appeal to the State Labor Inspectorate (GIT) and the prosecutor’s office in the context of protecting labor rights is critically examined. The conclusion is substantiated that the absence of such terms does not provide the employee with any advantages or the opportunity to abuse the right on this basis. From the point of view of the competence of the State Labor Inspectorate and the Prosecutor’s Office, the inconsistency of the position on establishing in legislation time limits for appeals to the State Labor Inspectorate and the Prosecutor’s Office was established. As the only exception, due to the possible violation of the rights of third parties (the new employee), it is proposed to establish a preclusive period for applying to the State Labor Inspectorate to conduct an investigation into the legality of the dismissal. The author criticizes the idea of establishing statutes of limitations for self-defense of labor rights in the Labor Code of the Russian Federation. The employer’s right to restore the limitation period is examined from the standpoint of the Civil Code of the Russian Federation and civilistic doctrine.

The paper is devoted to the analysis of domestic criminal policy, its effectiveness and the possibility of optimization. The state of criminal law and the criminal legal reality based thereon raises doubts about the very existence of criminal policy as a targeted activity of the state in the sphere of combating crime. The properties of criminal repression, which do not eliminate the determinants of crime, but often exacerbate them, require a deep legal and philosophical understanding of their true essence and purpose. The traditional approach to the harshness of criminal policy as a method of law enforcement is subject to qualitative revision at the theoretical level, in legislation and law enforcement. The formation of criminal policy and its further optimization require the modernization of criminal, criminal procedure, criminal executive law, as well as practical law enforcement activities. The main direction of this reform is the rationalization and humanization of the indicated directions, corresponding to the global vector of historical development of society, which has proven its effectiveness.

The paper, based on criminal record data for the period from 2013 to 2022, identifies and interprets certain patterns in the development of the crime situation in Russia over the specified period. Attention is drawn to the increase in the number of people brought to justice since 2020 (by 48 thousand people as of 2022), as well as the growth in the proportion of those convicted of serious and especially serious crimes in the total number of convicts (especially for the period 2018–2022); significant changes in the number of those convicted of crimes against traffic safety and transport operation: a fourfold increase in the number of convicts (by 48.6 thousand), which, taking into account the overall decrease in the number of convicts, led to an increase in the proportion of such convicts in the total number from 2.1 to 11.1 %; an increase in the proportion of juvenile convicts raised in a complete family (4.5 %), and a proportionate decrease in juvenile convicts raised outside the family; an increase in the proportion of previously convicted persons brought to justice from 34 % in 2013 to 38.5 % in 2022; high efficiency of the application of the institutions of parole and suspended sentence; the continuing acute problem of the number of persons who committed a crime while intoxicated (the proportion in 2022 was 25.2 %); a significant increase in the number of applications for property confiscation (4,195 in 2022; an increase in the proportion from 0.1 to 0.7 % of the total number of measures applied); an increase in the proportion of the type of punishment in the form of deprivation of the right to hold certain positions and engage in certain activities in the total number of measures applied (from 1.7 to 12.2 %).

The paper analyzes the results of the application of Part 1 of Article 20.3 of the Code of Administrative Offenses of the Russian Federation, reflected in judicial statistics in Russia as a whole, and makes proposals to improve the forms of statistical accounting in this part. The paper presents and systematizes the results of a selective analysis of final court decisions issued in cases of administrative offenses involving the public display or propaganda of Nazi emblems or symbols, or emblems or symbols similar to Nazi ones to the point of confusion, or emblems or symbols of extremist organizations, as well as other emblems, symbols, propaganda or public display of which are prohibited by federal laws. The gaps and contradictions in the legislation on issues of liability for the said public demonstration and propaganda are noted, and it is shown how these shortcomings manifest themselves in specific court cases. The locations and objects of illegal actions in the cases included in the sample are described and summarized, and the courts’ justifications (or the lack of justification) for classifying these objects as prohibited symbols or attributes are presented. The approaches used by the courts to the study and consideration of the subjective side of acts qualified under Part 1 of Article 20.3 of the Code of Administrative Offences of the Russian Federation are analyzed. It was concluded that, as a rule, courts avoid determining the form of guilt of persons to whom punishment is assigned and do not establish the motives for the act. The logic of sentencing for the acts in question, reflected in the studied judicial acts, is summarized, and proposals for adjusting the amount and types of punishment provided for in the law are substantiated. Based on empirical material, individual problems of providing legal assistance to persons held liable under Part 1 of Article 20.3 of the Code of Administrative Offences of the Russian Federation are examined, and issues of other legal consequences for those found guilty, in addition to the actual punishments, are also touched upon.

The paper notes the increasing importance of a new form of information–distributed information. The author analyzes legal events that necessitate forensic research of distributed information, as well as the most frequently committed crimes using distributed information services. The basic rules for the functioning of distributed information systems are defined. It is stated that most often in the practice of investigation there is a need to study file-sharing networks and their variety such as torrents. The basics of file-sharing networks are considered. Taking into account the conducted research, the author’s classification of file-sharing networks is proposed. The paper defines the main forensically significant tasks of studying file-sharing networks. These include: restoration of the entire information object from parts; identification of the user and his identifiers; proof of the user’s awareness of the content of the information objects in his possession; proof of intent to distribute; the principles of solving the above problems are considered sequentially. In the course of a comparative study of holding file-sharing network providers accountable, it was found that, unlike many foreign countries, in Russia there is virtually no legal basis for holding a peer-to-peer network provider accountable (but even in the latest generation of networks, the provider has virtually no control over the content of the network). It is noted that most investigators have insufficient knowledge in the area under consideration. It seems urgently necessary to organize periodic advanced training courses that cover new technologies and the principles of their research.

The paper examines current issues of detection, recording and seizure of digital traces in line with investigative activities in cases related to the illegal trafficking of drugs in computer networks. The main approaches to understanding a digital trace, as well as positions on the classification of digital traces, are considered. The paper analyzes what specific digital traces are encountered in such a category of cases as illegal drug trafficking in computer networks. An analysis of international experience in the field of collecting digital traces was conducted, and domestic judicial practice in the category of cases under consideration was studied. Examples are given to illustrate the relevance of this topic. During the study, problems were identified that arise when collecting digital traces during investigative actions such as inspection and search. The paper notes the need to develop a methodology aimed at standardizing the procedure for working with digital traces.