PHILOSOPHY AND ETHICS OF LAW
The paper substantiates the necessity of providing legal protection for the results of intellectual works created by artificial intelligence through the mechanism of related rights. It examines ways to reduce legal risks associated with the creation of intellectual property using artificial intelligence technologies and offers a philosophical and legal analysis of the proposed hypothesis, namely, replacing the creativity criterion with the investment criterion as the basis for protectability. According to the author’s concept, the philosophical and legal foundation for replacing the creativity criterion may be found in the extrapolation of Martin Heidegger’s category Man to artificial intelligence within the paradigm of the communicative theory of law. Artificial intelligence should not be endowed with legal personality, and the creativity criterion should be replaced by the investment criterion. Consequently, legal protection through the granting of related rights should also be extended to AIgenerated results of intellectual activity, which the author refers to as Mancreativity.
STATE POWER AND LOCAL SELF-GOVERNMENT
The paper analyzes the features of interpretation and application of the principle of trust by the Constitutional Court of the Russian Federation. The legal category of trust is employed by the Constitutional Court in assessing relations between public authorities, between citizens and public authorities, between the state and institutions of civil society, and in legal relations among citizens. The author concludes that the Constitutional Court views trust as a legal state between the subjects of legal relations, grounded in the values, principles, and provisions of the Constitution of the Russian Federation. The legal-substantive definition of the principle has been formulated by the Constitutional Court implicitly, based on the values enshrined in the Preamble, as well as the principles and provisions of Chapters 1 and 2 of the Constitution of the Russian Federation. In the Court’s legal standings, the principle of trust is defined as a constitutional value forming part of the foundations of the constitutional order and applied as a criterion for evaluating legislation. The juridical-substantive basis of the principle of trust consists of legal certainty, which entails requirements of formal definiteness, precision, clarity, and unambiguity of the content of norms, as well as coherence of provisions within the system of current legal regulation. The Court has also articulated a number of other requirements for legislation that constitute the legal content of the principle. The principle of trust is applied by the Constitutional Court to constitutional and other sectoral legal relations and serves as a criterion for assessing existing legislation, judicial practice, and law-enforcement practice.
PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS
The paper is devoted to the analysis of specific features and key characteristics of the transformation of public-law support for the state sovereignty of the Russian Federation in the information space. Based on an examination of fundamental models for regulating relations in cyberspace, the author substantiates the development of a trend toward sovereignization. A conclusion is drawn regarding the influence of the sovereignization trend on the transformation of public-law support for the information sovereignty of the Russian Federation. The paper describes the main approaches to defining the content of state sovereignty in the information space. The transformation of the constitutional and legal foundations of information sovereignty in connection with amendments to the Constitution of the Russian Federation is analyzed. The author identifies the principal directions of transformation of public-law support for state sovereignty of the Russian Federation in the information space as reflected in strategic planning documents. Attention is given to the expansion and specification of provisions in strategic planning documents based on the legal regulation of core groups of social relations that form the subject matter of information law, namely relations connected with the use of information (information resources), information technologies, and information systems.
FINANCIAL LAW
The control and supervisory activities of the Federal Treasury are aimed at maintaining financial discipline in the expenditure of funds from the budgets of the budgetary system of the Russian Federation. The paper examines the concept of financial control and defines the range of objects subject to internal state financial control. Using the example of the results of the Federal Treasury’s supervisory work in the area of spending funds from mandatory medical insurance, as well as the related judicial practice, the author identifies problematic issues that arise when classifying recipients of budgetary funds as objects of internal state financial control. The paper also examines the arguments of the Federal Treasury and of the controlled entities regarding the legality of conducting inspections of private medical organizations. The paper emphasizes the necessity of maintaining a balance between private and public interests in the expenditure of mandatory medical insurance funds, along
with the importance of the Federal Treasury’s control measures in ensuring the protection of the social rights of citizens of the Russian Federation.
LEGAL PROTECTION OF INTELLECTUAL PROPERTY
The author examines key positions of the Constitutional Court of the Russian Federation concerning compensation for infringement of exclusive rights from the standpoint of the proportionality of liability to the wrongful act committed by the infringer, and compares these positions with the Court’s stance on other overcompensatory liability measures in private law. The paper analyzes extensive Constitutional Court practice that affects the uniformity of approaches to this type of tortious liability. The author assesses the functions of compensation, namely, the restorative function, under which the mechanism of lawfully established (statutory) damages is implemented, and the punitive function, which, as the author demonstrates, should be realized only indirectly within the examined remedy. Key distinctions are drawn between permissible overcompensatory liability measures in civil law and compensation for infringement of exclusive rights, which, in the author’s view, should not be aimed at punishing the infringer.
CRIMINAL LAW
The paper analyzes provisions of the Special Part of the Criminal Code of the Russian Federation in which the legislature has provided for differentiation of criminal liability based on physiological and social characteristics of males and females.
The relevance of applying a gender approach is primarily linked to the need to ensure, in a democratic rule-of-law state, the realization of the principles of equality, justice, and humanity.
In this connection, devising an optimal balance of benefits and privileges for persons of female and male sex becomes a priority task in the criminal-law sphere. The paper classifies offences according to the degree of gender specificity manifested in the elements of the offence. The author reviews court statistics and case-law materials that illustrate inconsistencies in the application of the gender approach. It is concluded that a gender element of an offence and a gender-based offence are not identical concepts. The paper supports the justification for a gender approach in articles of the Special Part of the Criminal Code and advocates expanding the number of gender-specific offences and gender-based qualifying features of elements of offences.
The paper provides for the assessment of recent legislative changes aimed at shaping differentiated directions of criminal law policy in the regulation and protection of public and private economic relations. The author concludes that a more systemic approach is required when introducing amendments aimed at safeguarding tax relations. As a specification of this conclusion, the need is asserted to supplement the criminal-law regulatory mechanism concerning liability for organizing activities to submit to the tax authority and to market knowingly forged invoices and tax returns (Art. 173.3 of the Criminal Code of the Russian Federation) by means of incentives, i. e., special circumstances that would exempt from criminal liability.
It is argued that changes in the thresholds of damage significant for the elements of economic offenses should not be interpreted as a reduction in the intensity of criminal-law regulation and protection of the relevant relations (both public and private), but rather as a maintenance of the level of criminal-law impact on them.
The paper further notes that achieving systematic criminal-law policy in the economic sphere (taking into account its differentiation into private and public aspects) requires the development of a coherent strategy.
CRIMINAL PROCEDURE
The paper presents the author’s position regarding defining the content and interrelation of the categories «secret», «confidential information», and «confidentiality», and regarding assessing, on that basis, the adequacy of their usage in scholarly literature with respect to protecting information about the private life of participants in criminal proceedings. The views of scholars who treat the notion of «confidential information» as definitive for the concept of «secret» are critically evaluated. The author argues for the partial compatibility of these concepts, since, in the author’s view, not every secret is confidential, nor does every piece of confidential information constitute a secret. It is contended that scholars are mistaken to link the protection of the inviolability of participants’ private life in the criminal process to the institutions of investigative secrecy and the secrecy of judges’ deliberations. The article concludes that, within the institution of attorney-client confidentiality, the term «confidential» encompasses all information received by the defense counsel from their client, and such confidentiality is necessarily connected with the protection of the client’s private life.
CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE
The paper is devoted to the analysis of the concept of fear in legal and related sciences. The author identifies the forensically significant properties of fear that must be taken into account during the detection, investigation and prevention of crimes. The paper examines Russian investigative practice, illustrating the legal significance of the emotional states of a criminal. Through the prism of forensic science, taking into account the activity-based and situational approach, the concept of the emotion of fear is shown as a mental phenomenon. It is an emotional state that arises in the presence of a threat to the life or safety (physical or social) of a participant in criminal proceedings, accompanied by biochemical and mental activation of the body and serving as a motivation for changing its activity up to the degree of submission in order to counter the threat. Taking the emotion of fear into account in the process of proving a case is of significant forensic and criminal law importance, since its presence can directly influence the classification and criminal nature of the act committed.
INTERNATIONAL LAW
The paper presents an analysis of the draft international convention against cybercrime, which was approved on August 9, 2024, by the UN Ad Hoc Committee on the Development of a Comprehensive International Convention on Countering the Use of Information and Communication Technologies for Criminal Purposes. An assessment is made of how this document may impact the observance of human rights, particularly the rights of persons affected by cybercrime. Gaps and contradictions in the project were identified, and proposals for their elimination were put forward and substantiated. In particular, it was recommended to remove the provisions that introduce unjustified advantages for some victims at the expense of the rights of others. It is proposed to include the definitions of cybercrime and cybercrimes (the author’s definitions of these concepts are presented and substantiated), and to introduce provisions aimed at ensuring the rapid and effective of decisions to refuse the initiation of a criminal investigation based on a report of a committed cybercrime. The author also proposes to include in the draft a recommendation for the publication of statistical data for the information of any interested parties. This data would cover received reports of cybercrimes and the types of alleged criminal acts; decisions made on such reports; instances of missed deadlines for processing reports; and the appeal by applicants of actions (or inaction) by law enforcement agencies. A number of other additions are also proposed.
The paper is devoted to the protection of human rights in international investment relations. The author notes that international investment law focuses primarily on the protection of foreign investments, while issues of respect for human rights in the broad sense often remain in the background. The author focuses on cases where foreign investors act in bad faith with respect to workers’ labor rights, violating the labor laws of host countries. Such violations lead to a conflict of interest between foreign investors seeking to maximize profits and host countries interested in economic growth and the creation of quality jobs. The author identifies ways in which states try to
maintain a balance between protecting foreign investment and respecting human rights, such as establishing exceptions to labor laws, labor vetoes, liability shields, and counterclaims. Along with this, the author focuses on the problem of the evolutive interpretation of the provisions of international investment treaties by arbitration tribunals.
The key conclusion put forward is the need to find a balance between the protection of human rights and the interests of foreign investors, which requires dialogue, comprehensive analysis, and the development of flexible legal mechanisms to achieve a sustainable balance.
The author also emphasizes the need for further research and the development of new legal approaches to incorporate human rights provisions into international investment agreements, which will ensure sustainable development and respect for human rights in the context of economic globalization.
INTEGRATION LAW
The paper provides a comparative analysis of the legal mechanisms of multi-speed integration in the European Union and the Eurasian Economic Union. The authors explore key differences in approaches: in the EU, multi-speed integration is implemented through supranational procedures (e.g., enhanced cooperation), whereas in the Eurasian Economic Union it is based on bilateral agreements (e.g., a deeper level of integration is provided for in Article 114 of the 2014 Treaty on the Eurasian Economic Union). Particular attention is given to the historical development of these mechanisms, their practical application (as in the example of the Schengen area, the unitary patent in the European Union, and transport policy in the Eurasian Economic Union), as well as the challenges associated with maintaining the unity of integration associations. Recommendations are proposed for improving legal regulation in the Eurasian Economic Union, including the possibility of concluding multilateral agreements and strengthening coordination between member states.
FOREIGN EXPERIENCE
The study fills a gap in Russian criminal procedure law science as to the study of the system of reviewing judicial decisions that have not entered into legal force in people’s democracies and its further reform during the post-socialist transition (using the Republic of Bulgaria as an example). During the transformation of proceedings in the second instance court, a return to the traditional institutions of the Bulgarian judicial system and criminal proceedings was carried out. This was achieved by reinstating appellate courts and appellate proceedings, as well as by aligning the criminal procedure legislation governing second instance court proceedings with the generally recognized principles and norms of international law. The paper highlights the general provisions (conditions) for the construction and operation of methods for monitoring judicial decisions, which serve as criteria for comparing proceedings in the second instance court with modern appellate proceedings. Some of these general provisions have not undergone significant changes in the course of judicial reform. Institutional transformations have occurred in the legal and factual review of judicial acts in the appellate court. The shortcomings of the Soviet model of proceedings in the court of second instance were overcome by establishing in appellate proceedings of the absence of grounds for overturning or amending a court decision; the possibility of conducting a judicial investigation; the right of the appellate court to render a verdict; and the elimination of the institution of directives from a higher court when remanding a case. Modern appellate proceedings ensure the right to a fair trial, which ensures effective restoration of rights.
It is necessary to reform the current legislation by bringing it into line with the legal positions of the European Court of Human Rights, including in terms of the questioning of witnesses in the appellate court.
China’s legal approaches to the protection, use, and processing of personal data and big data deserve special attention in the context of comparative research given the country’s rapid technological development, the evolution of digital and economic relations, and the active development of foreign economic activity by Chinese companies in international markets for goods and services. The country is developing a system of legal regulation for the protection of personal data through special regulations based on rules enshrined in regulatory legal acts at various levels. The personal data protection system is built on the Cybersecurity Law (CSL) of 2017, the Personal Information Protection Law (PIPL) of 2021 and the Data Security Law (DSL) of 2021. This foundation demonstrates the Chana’s comprehensive and multi-facet approach to the protection and use of data in relation to different entities and areas of public relations, as well as the forms of their implementation. Since the personal data protection system is still evolving and new regulations in this area are expected to appear in Chinese law, accompanying the basic PIPL and DSL laws, it is advisable to continuously monitor the legal environment for data protection in the PRC. The extraterritorial nature of Chinese legislation in the area of personal data protection also deserves special attention. Big data, in today’s environment, is a crucial tool for implementing export-import relations. It has the potential to conduct in-depth research into commodity markets, export and import structures in various jurisdictions, and facilitate international trade compliance in general.
ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW
The outcome of protecting the rights and legitimate interests of participants in the heat supply sector depends entirely on the consequences that arise in connection with the application of a specific method of protecting rights. The paper examines the main and additional consequences of unjust enrichment in relation to one of the key areas of energy — heat supply. The problems of applying unjust enrichment rules are demonstrated, and the contentious nature of the issue regarding the moment of calculating interest for the use of other people’s funds is emphasized. The author criticizes approaches to the allocation of the burden of proof and suggests considering an objective criterion for the possibility of using the awarded amount in economic activity (with due regard to the specifics of the heat supply sector). The indexation mechanism is considered an additional consequence of unjust enrichment (condictio claims), interest in which is objectively increasing due to the need to protect the claimant’s funds from inflationary processes amid uncertainty in the application of procedural rules. It is argued that the indexation of funds is impossible without considering the economic substance and legal nature of the claims that led to their award.
LEGAL EDUCATION AND SCIENCE
The paper examines the influence of digital competencies on the development of professional skills of students majoring in law at higher education institutions. A correlation has been established between law students’ proficiency in artificial intelligence technologies, the quality of their professional training, and their competitiveness in the labor market within the digital economy. The state’s need for socio-economic and technological development necessitates a transition from the traditional humanities model of higher legal education to a hybrid model that combines domestic educational traditions and fundamental legal disciplines with the development of skills in working with artificial intelligence systems, an understanding of the specifics of machine learning, and the creation of databases for generating queries to neural networks. Particular attention is given to the integration of digital competencies into the educational program of law students to develop professional competencies such as legal analysis, legal writing, and legal problem solving. An analysis of federal state educational standards revealed a discrepancy between the content of the curricula and the current level of digitalization and automation of legal activities. To improve the competitiveness of law school graduates, it is proposed to introduce digital modules from the first year of study, develop digital departments, and update educational standards to reflect the needs of society and the state. When reforming higher legal education, it is necessary to take into account the cognitive characteristics of students, such as visual thinking and high digital literacy, which contributes to the development of their interest in future professional activities. It is proposed to assess the influence of digital skills on the formation of professional competencies of law students using Bloom’s taxonomy, taking into account their cognitive characteristics.
It is concluded that there is the need to revise educational programs, drawing on international experience, to improve the quality of legal training and their relevance in the context of the digital economy and the widespread introduction of artificial intelligence into legal practice.
ISSN 2782-1862 (Online)




















