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Actual Problems of Russian Law

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Vol 20, No 9 (2025)
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PAGES OF HISTORY

11-23 339
Abstract

The process of proof in the judicial proceedings of Muscovite Russia during the late 15th–17th centuries exhibited a number of distinctive features. One of these was the use of procedural references. The most notable among them were the «reference from the guilty», the «general reference», and the «reference in obedience». Contrary to widespread opinion, these references were not a form of witness testimony and could point to various types of evidence, including written ones. However, they were not limited to merely identifying evidence. When resorting to the «reference from the guilty», a party to the judicial proceedings expressed its willingness to lose the case if the evidence it referred to did not confirm its claims. By using the «general reference», both parties pointed to the same piece of evidence, giving it decisive significance, while the «reference in obedience», which represented an objection to the opponent’s reference, allowed them to avoid this outcome. Thus, the aforementioned types of procedural references held independent significance for resolving judicial disputes and should be recognized as a special type of proof.

FINANCIAL LAW

24-29 234
Abstract

This study is dedicated to the analysis of the issue related to changes in the financial and legal status of a constituent entity of the Russian Federation that is under special conditions compared to other constituent entities. The research addresses both theoretical and practical problems. The paper proposes distinguishing, within the science of financial law, between the financial and legal status of a constituent entity in standard conditions and the financial and legal status of a constituent entity under special conditions. This distinction is justified by the emergence of new elements in the financial and legal status of such entities, associated with the exercise of additional powers regarding budget expenditures and the reduction of budget revenues. Special conditions, as defined in this work, include military actions, combat operations, emergency situations, and counter-terrorism operations. The study concludes that modern budgetary legislation requires a separate section dedicated to the budgetary powers of constituent entities of the Russian Federation under special conditions. This section should provide for additional rights and responsibilities for public authorities of these entities within the budgetary sphere. Furthermore, these special conditions should also be accounted for in other normative legal acts, such as the Tax Code of the Russian Federation and legislation regulating the procurement of goods, works, and services for state and municipal needs.

30-38 182
Abstract

The article analyzes the specific approaches of state financial control bodies to assessing violations in the formation and use of reserve fund resources within the budgetary system of the Russian Federation. It examines the acts of the Federal Treasury and audit bodies at federal and regional levels, which define the classification of violations identified during the implementation of state financial control, as well as the practices of audit bodies in the constituent entities of the Russian Federation. The study concludes that in the documents of external budgetary control bodies, norms dedicated to violations in the area of reserve funds are significantly more detailed compared to those in the acts of the Federal Treasury, which operates as an internal budgetary control body. Audit bodies focus on relations concerning all types of reserve funds at any level of the budgetary system in accordance with their competence. Violations of budgetary legislation can affect both the revenue side of the fund (non-receipt of funds) and the expenditure side (excessive spending). The article emphasizes the importance of analyzing how the purposes of reserve fund utilization are established in the normative legal acts of public entities, as the targeted nature of such funds will reasonably attract increased attention from controlling entities. These entities assess whether the use of fund resources complies with the principle of targeted spending.

CIVIL AND FAMILY LAW

39-51 231
Abstract

The paper examines the admissibility of providing further assurances (representations) regarding future circumstances. The independent determination of circumstances for which representations can be made by the parties to a transaction must not contradict the essence of representations and the principle of good faith. These elements serve as natural guidelines for defining the limits of possible use of representations. This is reflected in the admissibility of actions taken prior to providing representations, aimed at clarifying the actual state of circumstances that will become the subject of the representations. However, actions taken after providing representations are excluded. It is deemed permissible for the representor to undertake an obligation to maintain the stated condition of the representations up to a certain point in time. This involves the combined use of representations and obligations but does not lead to their merging or one absorbing the other. Additionally, the paper concludes that representations about circumstances are of a more general nature compared to various warranties, which are aimed at regulating specific properties of the subject matter of a contract. Mixing these categories would result in the application of legal mechanisms that are inconsistent with the essence of representations, ultimately undermining their core purpose. The author suggests using representations about circumstances for facts from the past or present that are not related to the subject matter of the contract or pertain to specific properties of the goods. In other cases, including those involving future facts, specialized legal instruments should be employed, such as warranties against eviction, warranties of quality, warranties regarding the transfer of goods free from third-party rights, or indemnity agreements. These instruments are specifically designed for such purposes.

52-64 717
Abstract

In modern Russian legal doctrine, two approaches have emerged to define the interdependence of performances in bilateral divisible obligations: the first approach is based on the synallagmatic connection of individual obligations, while the second focuses on cumulative obligations. This divergence has led to legal uncertainty regarding the consequences of such interdependence. The article argues that these approaches do not exclude each other and that each has its own sphere of application. The author demonstrates, however, that the advantages attributed to the second approach, borrowed from foreign legal systems, contradict Russian legislation. Moreover, establishing a unified synallagma does not fully protect the creditor’s interest in receiving complete performance from joint debtors without the necessity of making payments to any of them until full satisfaction is achieved. In this context, alternative contractual mechanisms are explored that can nonetheless safeguard the creditor’s interest. These mechanisms include establishing the indivisibility of the debtors’ obligation or the creditor’s reciprocal obligation; introducing joint and several liability for the debtors or indivisibility of the creditor’s obligation; stipulating a special payment term for the creditor’s obligation; or granting the creditor the right to unilaterally terminate the agreement.

LABOR RELATIONS AND SOCIAL SECURITY

65-71 226
Abstract

The article examines the establishment and enforcement of the principle of equal pay for equal work both in the Russian Federation and in several European countries, including at the supranational level within the European Union (EU). EU Directive 2023/970 of May 10, 2023 (hereinafter referred to as the EU Directive) is aimed at enhancing transparency in the development of pay systems and enforcement mechanisms, with the primary goal of ensuring gender equality in guaranteeing equal pay and eliminating frequent forms of discrimination. The paper provides a critical assessment of the criteria introduced by the EU Directive that are used to compare the value of one worker’s labor with that of another. In addition to empowering workers with effective means to pressure employers, the EU Directive imposes additional responsibilities on employers, such as preparing and submitting reports, and on the state that is obliged to establish special bodies (commissions) to process these reports and respond to them.

CRIMINAL LAW

72-83 552
Abstract

The paper addresses the breach of the principle of subjective imputation in criminal law and its application. Although issues of fault and the subjective element of an offense have been deeply studied in the doctrine and a number of legislative (criminal‑law and criminal‑procedure) safeguards have been established to exclude criminal liability for acts that display only the features of the objective (and possibly the subjective) elements of a given offense, the scope of objective imputation — and even its forms — is expanding. In recent years, a so‑called soft form of objective imputation has emerged, whereby law‑applicators reach conclusions about a person’s guilt and culpability without adducing arguments or evidence. At the same time, the Criminal Code of the Russian Federation increasingly contains provisions that prescribe objective imputation because no other basis for liability seems possible. The author cites and analyzes examples drawn both from the Criminal Code (in particular, elements such as loss of general work capacity or indelible facial disfigurement within the offense of causing grievous bodily harm, whose determination requires specialized knowledge) and from case materials (notably prosecutions for group crimes, especially offenses under Article 210 of the Criminal Code). The paper concludes that this situation is incompatible with the presumption of innocence and infringes the principles of criminal law, and is therefore unacceptable.

CRIMINAL PROCEDURE

84-95 319
Abstract

The paper analyzes problematic issues concerning the imposition of pretrial detention on juvenile accused persons (suspects) in Russian criminal procedure law, taking into account recent amendments to Article 108 of the Russian Code of Criminal Procedure. The author provides a detailed examination of the normative and theoretical components of the issue is carried out, leading to findings about legal problems that arise, in particular, from the lack of a uniform practical approach to what constitute exceptional circumstances that a court must consider when deciding to remand a juvenile accused or suspect in custody for an offense of medium gravity. The author concludes that it is necessary to enshrine a model list of such circumstances in the explanatory rulings of the Plenum of the Supreme Court of the Russian Federation to ensure uniformity of caselaw. Reasoned conclusions are also offered on the untenability of theoretical proposals that would prohibit ordering pretrial detention for juveniles and replace it categorically with alternative measures of restraint. Proposed amendments to the Plenum’s resolutions of the Supreme Court of the Russian Federation are outlined, in particular calling for repeal of the rule requiring mandatory participation of a defender for an adult accused (suspect) who committed an offense before attaining the age of eighteen.

CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE

96-108 160
Abstract

Based on scientific research on the typical profile of a participant in illegal drug trafficking (hereinafter referred to as DT), an analysis of judicial and investigative practice materials, and interviews with investigative agency personnel, the paper for the first time presents a typical forensic profile of a suspect (accused) in criminal cases on the illegal trafficking of narcotic drugs and psychotropic substances, engaged in cooperation in accordance with Chapter 40.1 of the Criminal Procedure Code of the Russian Federation. It is concluded that cooperation is most promising with the following participants in illicit drug trafficking: the distributor of wholesale batches of narcotic drugs; the organizer (leader) of a criminal group; and a person carrying out the organizer’s instructions. The characteristics of individuals with whom it is most advisable to conclude a plea agreement (hereinafter PA) are identified. These specified members of criminal groups possess skills in using crypto exchanges in 48.3% of cases, and in 42,4% of cases, they are skilled in using software tools for anonymizing online activity. Studying the personality of members of criminal associations with whom a plea agreement can be concluded contributes to a more accurate prediction of the application of PA provisions and the effective selection of tactical methods for identifying and uncovering all the activities and participants of criminal communities.

109-119 171
Abstract

The paper examines the manifestations of the emotion of fear of participants in a terrorist act in a crime model and investigation situations. When examining a crime scene and investigating a terrorist act, it is necessary to analyze the behavioral scenarios and reactions to danger not only of victims and witnesses, but also of criminals, since their behavior is also conditioned by a reaction to fear, namely the fear of death and the desire for it. The methods of committing a terrorist act make fear its instrument and goal during and after the commission of the crime. The consequences of experiencing emotions complicate work with eyewitnesses of a crime due to the phenomena of amnesia and the unwillingness of victims to remember what they experienced, which is aggravated by post-traumatic stress disorder, determining the investigator to more thorough work on studying the personality of the person being interrogated, diagnosing his condition, and also involving specialists in investigative actions. Forensic technical and tactical methods in the investigation of terrorist act crimes are prioritized by ensuring the safety of the investigator to a greater extent than in other types of crimes, due to the presence of a direct threat to life in the initial stages of the investigation.

INTERNATIONAL LAW

120-133 189
Abstract

The paper is devoted to the liability of transnational corporations for violations of children’s environmental rights in the context of international law. It examines the key elements of the mechanism for protecting children’s environmental rights from the negative impact of corporations, including the Convention on the Rights of the Child, the General Comments on the rights of the child by the Committee on the Rights of the Child, and the UN Guiding Principles on Business and Human Rights. The author analyzes the threats posed by corporate activities, including pollution and climate change, which have long-term impacts on the health and well-being of children. Special attention is given to the concept of intergenerational justice and judicial practice related to corporate liability in the field of climate change and environmental protection. The author proposes measures to strengthen corporate responsibility, including the introduction of due diligence procedures, monitoring of corporate environmental impacts and the development of effective legal protection mechanisms for children. The author substantiates the need for international legal recognition of corporate responsibility for violating children’s environmental rights.

INTEGRATION LAW

134-145 282
Abstract

The study analyzes the Agreement on Pension Provision for Workers of the Member States of the Eurasian Economic Union of December 20, 2019 (hereinafter referred to as the EAEU Agreement), which is the fundamental act regulating the mechanisms of pension provision in the Eurasian space. The authors defined the object and purpose of the agreement, outlined the range of entities to which its provisions apply, and also disclosed the main content of the territorial-proportional pension model, which formed the basis of the above-mentioned Agreement. Additionally, it was identified that the effective implementation of the EAEU Agreement is closely dependent on the norms of the Agreement of March 13, 1992, on Guarantees of the Rights of Citizens of the Member States of the Commonwealth of Independent States in the Field of Pension Provision (hereinafter referred to as the CIS Agreement), particularly those concerning the acquisition of pension rights by relevant individuals. It was discovered that the innovative approach of the EAEU Agreement was perceived differently by the member states of the union in terms of the rule on taking into account pension rights acquired by Russian citizens permanently residing in other EAEU member states prior to the termination of the CIS Agreement for the Russian Federation. All of the above taken together resulted in the infringement of the basic right of these citizens to social security. The authors have proposed solutions to rectify the situation, either through bilateral cooperation the potential for which is indirectly indicated in the EAEU Treat or by submitting a request to the EAEU Court for an advisory opinion to clarify the provisions of the EAEU Agreement.

FOREIGN EXPERIENCE

146-155 203
Abstract

The paper examines the fundamental definitions of German police law and law of public safety (Polizeiund Ordnungsrecht). It emphasizes the unique structure of public order maintenance in Germany, which includes a unified system (Einheitssystem) and a decentralized structure present in twelve of the sixteen federal states (Länder). The objective differences in the structural organization of police authorities are explained by national specificities and historical traditions of state-building in Germany. The concept of πόλις (polis) is fundamental in relation to Polizei; it is on the basis of this Greek term that the forms and methods of police activity are characterized, rather than merely the law enforcement body itself. In Germany, the Federal Criminal Police Service (BKA) plays a special role in coordinating law enforcement activities at the federal and regional levels. The processing of personal data for law enforcement purposes is considered in Germany as a form of police activity, which is highly significant for the special part of German administrative law (Besonderes Verwaltungsrecht). In these cases, the BKA acts as a coordinator of the activities of federal and state police authorities. The possession, use, and dissemination of personal data are subject to constant parliamentary control.

156-164 257
Abstract

The paper analyzes the features of the legal regulation of administrative coercion measures in foreign states and the experience of their application by specialized state bodies ensuring national security. It is established that in the USA, Great Britain, Germany, Austria, Switzerland, France, Italy, Spain, the People’s Republic of China, and other states, as well as in Russia, similar administrative coercion measures are applied for the purposes of ensuring national security. These include the detention of individuals (police detention, preventive detention, detention for identity verification); detention of vehicles; search and/or inspection of premises, buildings, structures; personal search and/or frisking of individuals; seizure of items and documents, etc. However, there are also administrative coercion measures that are applied in specific foreign states or have certain application features. Such measures may include, in particular, the following: examining information from citizens’ electronic devices; «searching» electronic data storage media using special equipment or malicious computer programs; applying artificial intelligence technologies to prevent and suppress offenses and crimes; questioning (police questioning); freezing deposits and money transfers; inspecting documents and correspondence in banks to discover items subject to seizure or to clarify circumstances; escorting/removing an individual from a specific area or object; prohibiting entry to a specific area or object; and others.

LAW ENFORCEMENT

165-177 206
Abstract

In conducting an analysis of the interaction between the prosecutor’s office and constitutional (statutory) councils in the constituent entities of the Russian Federation, the author examines the concept of interaction, forms of interaction, and identifies the relevance of institutional dialogue and the conclusion of cooperation agreements. The purpose of this study is to analyze the content and forms of legal interaction between regional prosecutor’s offices and constitutional (charter) councils of the constituent entities of the Russian Federation, as well as to emphasize the importance of their institutional dialogue in the human rights sphere. To achieve this goal, the following tasks have been set: to reveal the concept of legal interaction between the prosecutor’s office and the constitutional (charter) council; to identify the legal basis, possible forms of their interaction (coordination interaction within the framework of cooperation agreements, subordination interaction in prosecutorial and supervisory relations); to substantiate the relevance of establishing an institutional dialogue between the prosecutor’s office and the constitutional (charter) council in order to increase the effectiveness of their human rights activities in a single system of public authority. The scientific novelty of this work is defined by its focus on the concept of interaction between two state human rights institutions — prosecutorial bodies and constitutional (charter) courts in the constituent entities of the Russian Federation — and the refinement of their potential forms of interaction.

ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW

178-187 192
Abstract

The field of consumer waste management is one of the most relevant areas of state environmental policy, which is actively developing through the introduction of modern innovative digital technologies. In turn, digital technologies contribute to the formation of a new condition for ensuring access to environmental information in the field of consumer waste management — the digital space. In this regard, the task of digital transformation in the environmental sphere established by strategic planning documents has given rise to many controversial issues both at the doctrinal and legislative levels. In order to fill the gaps that have arisen in the legal field, it is proposed to conduct a study of digital transformation in the field of consumer waste management through the prism of a scientific approach that is new today for theoretical understanding, namely legal diffusion. The paper reveals the fundamental principles contributing to legal diffusion. The real and potential consequences of applying this scientific approach are shown. A new promising paradigm for perceiving the conditions of interaction between participants in legal relations to ensure access to environmental information in the field of consumer waste management has been identified, namely transparency.



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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)