A loan agreement is one of the most significant contracts in the history of domestic legal practice. The foundations of its legal regulation were laid by the Russkaya Pravda. It determined the procedure for charging interest on a loan agreement depending on the term of the contract and its subject matter, while also addressing the issue of interest accrual in instances of the default of the debtor. The 20% annual rate stipulated under the Russkaya Pravda for long-term cash loans in the law of Moscovite Rus remained standard until the middle of the 17th century. However, there were ways to circumvent the regulation regarding the standard interest rate, which can be illustrated by the examples of loans secured by real estate. At the same time, the Moscow state sought to curb the abuses perpetrated by moneylenders. Since the second half of the 16th century, it consistently implemented policies aimed at preventing excessively high returns from interests charged on loan agreements. These restrictions also extended to interests accrued in cases of late fulfillment of loan obligations. As a result, in 1649, nearly a century after the condemnation of interest collection by the Stoglav Council, the Sobornoye Ulozhenie deprived the claims for their recovery of judicial protection.

The paper addresses the issue of mystification of historical and legal knowledge that originated in the first half of the 19th century, a period marked in Russia by the popularization and promotion of Western-centric, Eurocentric views and ideas. It was during this time that such concepts as the «Mongolian», the «Mongol-Tatar Yoke» were introduced, entirely unsubstantiated but framed within the scientific discipline of the history of Russian law, emphasizing the «subjugated» status of medieval Russian society. Additionally, the term «Golden Horde» became entrenched in scholarly discourse, a designation to which remains a significant attachment in contemporary academic circles. In contrast, native chronicles and legal monuments officially document a different, historically accurate name for the political organization of foreign conquerors — Tatar Horde — that reflects its ethnic, political-legal nature and status more precisely. The author focuses on another form of modern mystification of scientific knowledge concentrated on artificial cultivation by a significant number of researchers of the idea of «strong influence» of the «Mongol-Tatar Yoke» on the right-wing genesis of Russia, including other social relations different from deliberately emphasized «non-independence», «dependence» of the Russian people upon the Horde. In particular, we are talking about the preservation of legal sovereignty, the originality of legal customs and traditions of the Russian people, who, even in the difficult conditions of the Tatar invasion, retained and defended their legal identity. Moreover, it was concluded that it was the Russian legal experience that had a significant impact on the development of both customary and positive law in the Tatar Horde, where the process of reception of terms, means and methods of legal technique, institutions, including a «kun», the appointment of apanage princes, etc., was taking place.

The paper analyzes the concept of relational subjective rights as rights in relation to a certain person, examines the problematic issues of their definition, and compares them with absolute rights. Based on an analysis of the theory of subjective rights, approaches to understanding their essence, the author draws a conclusion about the relational nature of any subjective right that reflects the principle of relativity in law. However, when the relationship between a legally enforceable possibility and necessity is direct an corresponding, the subjective right is characterized as relational, the consequence of which is the specific possibility of applying measures of liability to a certain person for non-compliance with a relational right and a higher standard of good faith of the obliged person. The paper substantiates that the doctrine of relational rights, significantly developed in civil science, has a general theoretical and legal significance, which allows us to talk about their existence not only in private, but also in public law. The relativity of rights and obligations in the public legal sphere is based on the concept of a social contract, which implies communication between the state and society, an official and a citizen, taking into account mutual consensus.

The constitutional right of citizens to organize and hold public events, such as meetings, rallies, demonstrations, marches, and picketing, serves as a vital mechanism for interaction between society and the State, particularly in the political sphere. In recent years, federal lawmakers have introduced numerous amendments aimed at imposing restrictions on the conditions for organizing public events and increasing legal accountability for violations of the established procedures regulating activities under consideration. Subsequently, many of these norms have been scrutinized by the Constitutional Court of the Russian Federation (the CC). The CC has subjected them to constitutional interpretation. The paper elucidates the content of the legal standings adopted by the Constitutional Court of the Russian Federation regarding the legal nature of the right in question, as well as the permissible framework for its implementation by citizens and social associations. The paper highlights the legal status of organizers and participants of public events, the powers of the constituent entities of the Russian Federation in regulating the exercise of the right under consideration, and the peculiarities of judicial protection of this right. The paper explains the significance of the legal standings articulated by the Constitutional Court, particularly regarding their impact on legislative and law enforcement activities within the examined domain.

The development of technology is radically transforming all spheres of human life, including finance. As a result, new institutions are emerging, and existing ones are being modernized. Economic relations are increasingly shifting into the digital space, leading to transformation of traditional financial instruments. Money is losing its material forms and regulatory properties, giving way in the economy to alternative instruments. The sanctions imposed against Russia in recent years have significantly affected the country’s economic and financial systems. One of the most notable consequences has been the accelerated development of the cryptocurrency market. The paper addresses the issues of legalizing mining and cryptocurrency exchanges in Russia. The study is dedicated to examining the legal regime governing the circulation of cryptocurrencies, determining the place of digital currencies within the legal system of Russia and abroad, and identifying the risks associated with their circulation. The author analyzes the peculiarities of mining, the legal aspects of issuance and circulation of digital currencies, as well as the legal foundations for their use in international settlements. Attention is drawn to the limitations of legal regulation concerning relations in this sphere. The paper evaluates the current state and development prospects of the cryptocurrency sector in Russia and explores the role of the Government of the Russian Federation and the Central Bank of Russia in regulating this activity.

The paper analyzes the issues of uncertainty and ambiguity surrounding the information related to budgetary funds provided to and utilized by commercial organizations in the form of budget investments. This problem is primarily associated with the difficulties in interpreting the processes and outcomes of utilizing monetary resources allocated to a legal entity. These challenges arise because, after being included in the charter capital, these funds become anonymized and are transformed into the organization’s own assets. Such assets are represented by the economic category known as equity capital. Equity capital is primarily a calculable figure that is recorded through accounting procedures and reflected in various forms of financial statements. The author opines that an interdisciplinary and intersectoral analysis of this issue, framed within the perspectives of law and economics, may facilitate the identification of optimal methods for the formation and interpretation of information concerning utilization of budget investments. Accurate definition and appropriate interpretation of information regarding the use of budget investments can be achieved by structuring and modeling the facts of business activity and the indicators of financial statement formats, while considering the needs of stakeholders who use this information. 

Over the past two decades, there has been a noticeable strengthening of the official reliance of Russian courts on philosophical concepts, among which the notion of good faith occupies a prominent position. The abuse of the right is one of the most intriguing manifestations of bad faith that merits investigation. Closely related to good faith is another ethical legal concept — inconsistent behavior — which is deemed flawed specifically in its manifestation of bad faith. To date, a comprehensive analysis of defamation and the judicial protection against it through the lens of these terms has not been conducted in domestic civil law scholarship. This study evaluates the significance of the outlined categories for defamation law and defines the relationship between defamation and the phenomena they denote. Equating the abuse of the right with defamation, or understanding them as categories of genus and species respectively, is erroneous. From the perspective of legal theory, these concepts do not intersect. Defamation is a tort and should not be classified as an act of abuse of the right (particularly harassment), as the latter entails a legally impeccable formal exercise of the right that becomes flawed through the distortion of its purpose and its harmfulness. However, the expression of a subjective opinion can constitute an abuse of rights. If one adheres to the classical understanding of inconsistent behavior as a series of lawful yet inconsistent actions that cause harm to others, defamation, being an unlawful act, is not encompassed by the category of inconsistent behavior. Meanwhile, in judicial practice, the inconsistency of plaintiffs’ positions in defamation disputes and the illogical procedural conduct of litigants regarding defamation are periodically discussed.

Subsidiary liability of the debtor’s controlling persons does not constitute a separate category or subtype of civil liability, as the scope of its application cannot serve as a sufficient basis for classification. There are no other distinctive features in the manifestation of subsidiary liability that could justify it differentiation from civil liability. In this regard, it appears that the norms governing the liability of controlling persons of a debtor and of legal entities not in a state of bankruptcy share a common nature and should form a cohesive framework or, at the very least, be consistent with one another. The author attempts to delineate the subsidiary liability of controlling persons of a debtor by using other measures of civil liability. The paper provides a comparative analysis of the categories of liable parties and the conditions for liability under Article 53.1 of the Civil Code of the Russian Federation and the subsidiary liability of controlling persons of a debtor in bankruptcy proceedings under Article 61.11 of the Bankruptcy Law. The author concludes that, although Article 53.1 of the Civil Code serves as a general provision stipulating the compensation for damages by controlling persons, it does not fully encompass the specific provision regarding subsidiary liability in bankruptcy cases. According to legal drafting principles, the general provision should contain overarching rules that encompass the specific ones. The paper makes recommendations for the legal regulation of the institution in question. The development of the institution of subsidiary liability for controlling persons of a debtor should proceed towards the harmonization of the legal norms that establish it. Furthermore, it is essential to define unified rules for subsidiary liability based on the provisions regarding subsidiary liability in insolvency proceedings and Article 53.1 of the Civil Code, which should be unified by common principles and conditions for liability.

The paper examines some current issues of challenging debtor’s related transactions under the rules of bankruptcy legislation. The author concludes that related transactions are characterized by formal differentiation but substantive unity. The paper proposes a classification of related transactions depending on their structure into co-directional, multi-directional and chain transactions. The first type is characterized by a common subject and a coinciding parties involved and give rise to a single legal relationship. Multidirectional transactions are united by a common goal, but involve the participation of several independent entities and a different subject matter. A chain of transactions is a set of consecutive transactions with the same subject matter that covers the same transaction. It is concluded that when challenging the debtor’s transactions under the rules of the Bankruptcy Law, it is necessary to evaluate not only each individual transaction, but also related transactions, to consider them in unity and interrelation. This will make it possible to determine their actual property consequences for the debtor and the bankruptcy assets, since otherwise the rights of both the debtor’s counterparties and creditors may be violated. 

The institution of a court fine is a measure of legal responsibility (official enforcement) for procedural violations, expressed in the form of a monetary sanction. The court fine is not uncommon to all types of legal proceedings, and its history goes back more than 100 years. However, it is in the Civil Procedure Code of the Russian Federation that the institution of a court fine has a special legal regulation, which differs significantly from similar regulation of the said relations in other procedural codes, which has also led to significant differences in the practical implementation of the said measure of enforcement. This includes a special procedure for protecting the rights of a person who has been fined, and the specifics of judicial practice on issues of bringing to liability in the form of a fine for disrespect for the court, and the ambiguity of the legislator’s approach to regulating the issue of the procedure for executing court decisions on the imposition of a fine on officials. The paper analyzes the legal regulation of the institution of judicial fines and the practice of its application in civil proceedings, identifies problems and suggests ways to solve them.

The paper examines the specifics of challenging transactions (actions) of an insolvent debtor regarding the division of common joint property of spouses, which cause property damage to creditors in insolvency (bankruptcy) procedures. General civil and special grounds for invalidity of transactions (actions) of the debtor and the peculiarities of their classification in judicial practice, as well as the relationship between general civil and special grounds are highlighted. The transactions (actions) that are most frequently challenged in judicial practice and the legal positions of the Supreme Court of the Russian Federation are analyzed. Particular attention is given to the analysis of objective and subjective grounds for challenging on special grounds using the Paulian action as the main means of challenging in insolvency proceedings. It is noted that it is impossible to cancel transactions concluded in favor of all family members using maternity capital funds, although they reduce the potential bankruptcy estate. A conclusion is made about taking into account the norms of family law when challenging the transactions of an insolvent debtor.

Decentralized finance is often perceived as an alternative to the securities market, which does not require the participation of intermediaries; however, their participation can significantly facilitate the functioning of the crypto-asset market, among other things. This is especially relevant for the Russian digital financial assets market, which is built following a model very similar to the traditional securities market. At the same time, there are currently a significant number of legal obstacles to the functioning of intermediaries in the digital financial assets market. The paper examines some ways to build the infrastructure of the digital financial assets market and proposes changes to the regulatory framework that will help achieve this goal. Legislative barriers to the functioning of intermediaries in the digital financial assets market have been identified. A conclusion is made about the possibility of building an infrastructure of intermediaries in the digital financial assets market by bringing together the regulation and legal regime of digital financial assets and uncertificated securities.

The general provisions of the procedural order for decision-making establish the following. The criminal procedure contains procedural actions and decisions. Procedural actions mainly represent a linear scheme of criminal proceedings. Procedural decisions form the moment of branching of criminal proceedings (change of direction). The order of production of procedural actions is formed by recording the facts discovered during this process. The procedure for making procedural decisions consists of choosing one of many alternatives. The action being performed allows for a return to its beginning (retrospectivity). The decision taken (from the moment it becomes available to the parties involved) entails the obligation to implement it (prospectively). Reversal of a decision (return to the beginning) is a sign of procedural chaos, a violation of order. The procedural regime of decisions and actions is different. The essence of the appointment of a forensic examination in a preliminary investigation is a procedural decision (a set of decisions). It consists of understanding the procedural situation associated with the impossibility of collecting evidence through procedural actions available to the investigator; in developing alternatives to procedural activity (options for changing its direction) and evaluating them; in formulating the goal and objectives of using specialized knowledge to collect evidence through the implementation of this specialized knowledge by its bearers; in determining the consequences for each alternative; in a rational choice of one of the alternatives.

The issue of dividing transactions related to the alienation of shares of an LLC into obligatory and administrative ones and the need to involve a notary to certify them is hotly debated by contemporary civilists. There are two main concepts: the French one, which does not recognize the division of transactions, and the opposite German one. The paper substantiates the positive side of borrowing the German principle of abstraction in relation to corporate relations. The author notes the aleatory nature of the interpretation by domestic civilists of the principle of abstraction from the position of eradicating the mandatory notarial form of corporate transactions. It is indicated that it is the notary that acts as the undisputed guarantor of stability and legitimization of economic transactions in the system of both causality and abstraction. The paper, based on an analysis of French and German legislation in the field of corporate relations, draws a practice-oriented conclusion about the mixing of the principles of causality and abstractness in the domestic legal order.

Transnationalization is characterized by the existence of legal norms and rules that are universal, that is, common in content to most legal orders. Based on a historical review, analysis of current regulations in the area of regulation of cross-border commercial relations and statistics on the consideration of disputes in courts and in international commercial arbitration, it is shown that transnationalization is a key characteristic of modern international commercial law. Transnational are the norms and rules that constitute international commercial law. This state of legal norms and rules in international commercial law over the past 30 years has been ensured primarily through the activities of international organizations. Transnational norms and rules are mainly included in documents that do not have binding legal force. At the same time, such standards have a noticeable legal impact simultaneously in several jurisdictions and in different legal situations.

The paper examines some issues related to the conceptual framework that mediates the application of the network form of implementation of educational programs, regulated by the Federal Law of 29.12.2012 No. 273-FZ «On Education in the Russian Federation». In particular, approaches to defining the concept of a network form of implementation of educational programs are analyzed and a new definition of this form is proposed. A mechanism for encoding the main elements of the network form is proposed. The paper presents the results of an analysis of the concept of «resource» used in regulating the network form, including its essential features and a definition. Another concept considered in the paper, the «network effect», reflects the demand for the network form for participants. This effect implies the emergence of new emergent properties of the education provided, which would be impossible to form if the participants in the network form implemented educational programs independently, and implies beneficial consequences for each participant in the network form. Moreover, beneficial consequences may initially arise in one participant, but they subsequently spread to all other participants in a direct or transformed form.