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Actual Problems of Russian Law

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Vol 21, No 5 (2026)
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PAGES OF HISTORY

11-26 112
Abstract

The paper provides a historical and legal analysis of the development of antitrust regulation of business associations in pre-revolutionary Russia, covering the nineteenth and early twentieth centuries and based on a study of regulatory legal sources, including various editions of criminal and civil legislation of the Russian Empire. Particular attention is given to identifying the systemic contradiction between formal prohibitive norms and the objective economic necessity of industrial cooperation. The analysis demonstrates that the dual position of state authorities expressed in the de facto recognition of syndicates while formally maintaining a general prohibition on restraints of competition created a persistent regime of legal uncertainty. At the same time, judicial practice consistently refused to enforce cartel agreements, referring to their incompatibility with the fundamental principles of the legal order. This legal conflict led to the emergence of syndicates as a compromise organizational and legal form combining elements of corporate and contract law. Based on a study of the scholarly legacy of leading Russian legal theorists, the paper reconstructs theoretical proposals for developing a differentiated approach to assessing restrictive agreements and concludes that historical experience remains practically significant for modern antitrust regulation. Special attention is also devoted to the regulation of digital ecosystems as a new form of economic coordination. For these structures, the oversight mechanisms proposed by pre-revolutionary legal scholars, as well as the rule of reason, taking into account economic efficiency and the actual impact of agreements on the competitive environment, remain highly relevant.

STATE POWER AND LOCAL SELF-GOVERNMENT

27-35 90
Abstract

The paper examines the manner in which the principle of trust is embedded in the constitutions of foreign states and draws comparative parallels with Russian legislation. Particular emphasis is placed on Article 75.1 of the Constitution of the Russian Federation, which constitutionalized mutual trust as both a foundational value and an objective of interaction between government and society, thereby elevating the issue of trust to a qualitatively new level of constitutional and legal significance. The paper further analyzes the views of foreign scholars on the subject of trust and undertakes an effort to formulate a definition of legal trust. Legal trust is conceptualized as an intangible asset of a democratic state. Special emphasis is placed on its depersonalized character. The paper offers recommendations aimed at strengthening both legal trust and mutual trust. It concludes that increasing citizens’ trust in the functioning of government is possible only through close cooperation between government and civil society institutions. Uniform, stable, intelligible, and transparent rules of the game could serve as a remedy along the complex and lengthy path toward establishing an appropriate balance of mutual trust, without any tendency toward imbalance in favor of either form of absolutization. Trust does not replace oversight, nor can it exist outside the framework of oversight. The paper also examines legislative enactments designed to create conditions facilitating control and monitoring of the actions and omissions of all persons, drawing on examples from foreign legislation in the digital sphere. Particular emphasis is placed on the importance of observing considerations of expediency and maintaining an appropriate balance in lawmaking.

PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS

36-43 66
Abstract

The paper examines the enforcement mechanism set out in Article 13.5 of the Federal Law «On Combating Corruption», which allows the grounds and wording of dismissal for state and municipal employees who have committed disciplinary corruption offenses to be revised even after they have left public service. Based on an analysis of court practice, the author identifies a key issue: such a revision can be initiated only if an anti-corruption review was ordered before the employee’s dismissal. In practice, this often leads to situations where the employer’s representative, seeking to conceal the incident, promptly approves the employee’s resignation request without initiating a review, thereby rendering the mechanism ineffective. Another problem is procedural uncertainty regarding the participation of the former employer in court proceedings. The paper proposes expanding the statutory powers of the prosecutor’s office by granting it the authority to bring a case before the court when sufficient grounds for a review existed but no review was initiated. To implement this, officials should be legally required to inform the prosecutor’s office of such situations. It is also necessary to clearly establish the mandatory involvement of the former employer in court proceedings as an interested party to ensure an objective examination of the case.

44-52 63
Abstract

The paper examines the specifics of government oversight over how commercial and non-profit organizations carry out authoritative powers delegated to them by federal executive authorities, as well as the legal liability these organizations may incur for improper performance. The relevance of the topic stems from the growing practice of involving non-governmental entities in the implementation of public functions, while maintaining safeguards to protect the rights of citizens and the lawful interests of legal entities participating in civil commerce. The study explores both external and internal forms of control, as well as the structure of property, administrative, and disciplinary liability applicable to implementing organizations. A separate section of the study focuses on delineating the powers of federal executive authorities in organizing and ensuring the execution of delegated functions, against their authority to verify compliance with mandatory requirements, respond to violations, and review decisions adopted by non-governmental actors. The paper concludes that oversight in this area has a multilevel structure and that organizations vested with authoritative powers are subject to a complex, multifaceted system of liability.

FINANCIAL LAW

53-61 87
Abstract

The study examines the evolving dynamics of financial and interbank cooperation within the framework of BRICS paying particular attention to the role of the New Bank of Development. In recent years, BRICS has significantly expanded its influence through the inclusion of new member countries and the enhancement of its financial mechanisms. The study highlights the importance of promoting settlements in national currencies as a means of strengthening the economic sovereignty of participating states. This initiative is actively supported within the BRICS Interbank Cooperation Mechanism and contributes to the development of cross-border payment systems. The paper also emphasizes the need to establish an effective banking supervision framework at the BRICS level, with the involvement of the New Bank of Development. As BRICS continues to grow in membership and deepen its model of interstate integration along with the emergence of its own payment infrastructure the institutionalization of banking supervision and the expansion of international information exchange in this area have become especially relevant.

62-67 61
Abstract

The paper presents a comprehensive study of the elements of the financial legal personality of audit organizations. The study highlights that the participation of audit organizations in social relations of a financial and legal nature determines their dual financial legal personality, arising from the combination of public and private interests. The author emphasizes that the public, financial-law character of the relations formed in the course of audit organizations’ activities should be defined in accordance with their purpose and functional role. Depending on the scope of legal personality, audit organizations should be classified into audit firms per se, audit firms providing services to public interest entities, and audit firms operating in the financial market. The author concludes that the activities of audit organizations are inherently financial and legal in nature, and that the public elements underlying their legal personality justify classifying these entities as subjects of financial law.

CIVIL AND ADMINISTRATIVE COURT PROCEEDINGS

68-86 83
Abstract

The paper analyzes the distinctive path of development of administrative justice in Russia, shaped by the enduring historical continuity of its legal institutions. It examines the reasons why, despite the projects proposed by M. M. Shcherbatov and M. M. Speransky and numerous legislative initiatives, an independent system of administrative courts was never established in the country. The study demonstrates that the model formed in the pre-revolutionary period and further developed during the Soviet era incorporated oversight of the executive branch into the system of courts of general jurisdiction. This long-standing tradition determined the gradual nature of reforms and the absence of radical institutional changes. The key outcome of this process was the adoption in 2015 of the Code of Administrative Procedure of the Russian Federation, marking a transition toward more detailed procedural regulation while preserving the unified judicial system, thereby reflecting the distinctive features of the Russian model of judicial review over public administration.

87-99 88
Abstract

In anticipation of reforming the institution of legal representation in court, it is appropriate to highlight the problems associated with its legal regulation. As a starting point, it should be noted that there is considerable regulatory discretion and a lack of unified approaches. This often takes place due to the diversity of actors involved. However, in general, the issue stems from the specific features of the method of procedural law. In academic research, insufficient attention is typically paid to the method of law, even though it is precisely this method that shapes legal relationships in a particular way. In the procedural context, the method can be understood as the totality of regulatory elements aimed at achieving the goals of justice. Traditionally, in the theory of procedural law, the method of regulation is described as combining mandatory and discretionary elements. For civil procedure to function effectively, it must grant its participants a degree of discretion in carrying out procedural actions. At the same time, such discretion should exist within reasonable limits, consistent with the objectives and purposes of civil proceedings. For example, the absence of a unified approach to the qualification of representatives, the formalization of legal relationships, and the granting of authority may negatively affect the efficiency of procedural activities and the achievement of justice. Given the particular social significance of the institution of legal representation in court, it can be argued that its current legal framework demonstrates an excessive reliance on discretionary principles.

MEDICAL LAW

100-113 607
Abstract

The paper examines violations of sanitary and epidemiological requirements in psychoneurological residential facilities. Based on the analysis of the objective side of the violations, the author proposed the following classification: 1) violations related to inadequate living conditions; 2) violations related to inadequate food provision; 3) violations related to inadequate provision of soft inventory; and 4) violations related to inadequate care and hygiene services. Specific examples of violations are given, methods for identifying them are described, and challenges in enforcing administrative penalties, such as suspension of operations of a social services organization, are discussed. The paper offers several proposals for improving legislation in the Russian Federation in this area. The relevance of the study stems from the increased public and state attention to the protection of the rights of persons with mental disorders, including those living in residential facilities.

114-119 85
Abstract

Recent advances in biomedical technology, in particular the development of embryonic models (artificial embryos, synthetic embryos, or embryoids), pose new and complex challenges for the legal system of the Russian Federation. Embryonic models are artificially created cellular structures that imitate the early stages of embryonic development. They offer promising avenues for regenerative medicine, pharmacological research, and the study of congenital and hereditary diseases. The relevance of the study stems from the rapid global development of technologies for creating embryonic models in the absence of a clear legal framework or even a legal definition. 

The paper scrutinizes foreign and Russian legislation, identifies gaps in legal regulation, and formulates proposals for improving the regulatory framework. The author addresses the relationship between reproductive rights theory and embryonic models.

CRIMINAL LAW

120-130 96
Abstract

Current legislation grants the Supreme Court of the Russian Federation the authority to issue clarifications based on the analysis and synthesis of judicial practice in order to ensure its uniform application. These clarifications are regularly issued in the form of resolutions of the Plenum of the Supreme Court of the Russian Federation on judicial practice concerning particular categories of crimes or specific offenses. The binding nature of such clarifications is effectively recognized by both law enforcement officials and legal scholars, yet it is not codified anywhere in legislation. The paper shows that the resolutions of the Plenum of the Supreme Court of the Russian Federation are not always followed in criminal case practice, making it difficult to speak of ay uniformity in such practice. In the author’s view, such a situation cannot be considered normal, since Russia has only one criminal law (the Criminal Code), and therefore the practice of its application should be uniform. A possible exception of criminal law norms can be norms containing the element of property damage, the amount of which cannot be uniform given the differences in the economic situation in Russian regions). On this basis, the paper proposes that the binding nature of the resolutions of the Plenum of the Supreme Court of the Russian Federation be codified in legislation, and that failure to comply with them should be recognized as an independent basis for reversing lower court decisions in criminal cases.

131-141 61
Abstract

The paper addresses the important theme of humanism in criminal law, emphasizing its role as a foundation principle of the modern legal and social state. Humanism is seen not simply as a tool for achieving certain goals, but as a fundamental value that determines the direction of social development. The author emphasizes that humanism includes respect for human rights and recognition of its central role in social life. The study shows that humanism in criminal law does not mean leniency towards crimes or weakness of state power. On the contrary, the implementation of humanistic principles helps to strengthen the rule of law and reduce the risk of unlawful use of force. This is achieved by increasing public trust in law enforcement agencies and strengthening the sense of justice among citizens. The study highlights the importance of integrating humanistic values into criminal law, as this not only strengthens citizens’ trust in the state but also creates conditions for the sustainable and harmonious development of society. The findings confirm that humanism is a necessary condition for building an effective and fair legal order.

CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE

142-147 186
Abstract

Forensic examinations aimed at justifying (designing) the dimensions and configuration of land plots under buildings or structures are carried out as part of land-related judicial disputes concerning the allocation, clarification or division of such plots. The paper examines the circumstances under which these tasks should be addressed by a construction and technical expert, and when by a land-surveying expert. In addition, the paper provides a general characterization of this type of examination, summarizing its object, subject matter, tasks, and procedural algorithm. Attention is given to two approaches that an expert may use when responding to a court’s inquiry: the calculative (design-oriented) approach and operational approach. Within the latter, three distinct avenues for conducting the expert examination are considered: based on setback requirements, based on the building coverage ratio, and based on actual usage. The author concludes that in order to ensure the completeness, an expert’s report should present options prepared using all these approaches.

COMPARATIVE LAW

148-157 69
Abstract

The paper examines the methodological and theoretical aspects of determining the place of corporate law in the legal systems of the Russian Federation and the Republic of Kazakhstan. The author analyzes approaches to understanding the essence of corporate law, its structure and place in the legal system. Particular attention is given to the systems approach as a methodological basis for the study of corporate relations. The paper proposes the author’s concept of an ideal model of corporate regulation, based on the principles of systemic coherence, terminological unification, and methodological unity. A comparative analysis of the legal regulation of corporate relations in Russia and Kazakhstan is carried out from the standpoint of this theoretical model. The study also explores the problems arising from the absence of a unified methodological framework in corporate law and suggests ways to address them. The author concludes that there is a need to develop unified systemic methodological foundations of corporate law in order to ensure effective legal regulation of corporate relations within the context of Eurasian economic integration.

ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW

158-169 74
Abstract

The paper examines the legal aspects of ensuring technological sovereignty and technological leadership in the energy sector. It explores the legal content of these concepts as well as their regulatory framework. Their connection to the concept of energy security is substantiated. The key directions of technological sovereignty and technological leadership in the energy sector are analyzed, along with the specific features of the legal mechanisms designed to ensure them. The legal content of these concepts is revealed through an analysis of the statutory mechanisms for their implementation, including those provided for under legislation on national security and critical infrastructures; authorization mechanisms that impose certain requirements on energy equipment, and financial and tax incentives. In addition, attention is given to the specifics features of legal mechanisms aimed at the digital transformation of the fuel and energy complex, which is seen as a crucial component in ensuring technological sovereignty and technological leadership.

SCIENTIFIC DISCUSSION

170-183 70
Abstract

The paper examines the amendments introduced by Federal Law No. 33-FZ dated 20 March 2025, concerning the regulation of direct democracy procedures at the local self-government level.

It outlines several general conclusions stemming from these legislative changes that characterize the current stage in the development of local direct democracy: a reduction in the overall diversity of direct democracy mechanisms; a narrowing of the scope for applying binding (mandatory) forms; a blending and hybridization of regulatory approaches to different forms of direct democracy; and the limited realization of the potential for digitalization in processes that enable public participation in decision-making at this level of government. The 2025 Law cannot be said to have resolved the longstanding conceptual issues underlying local direct democracy. For example, the distinction between binding and advisory forms has become even less clear. Nor has a coherent framework emerged to define the relationship between strictly «direct democracy» mechanisms and other forms that incorporate elements of direct popular expression alongside additional stages and procedures, thereby making them not entirely direct in nature. It was precisely these mechanisms that the 1995 Law on Local Self-Government referred to as «other forms of public participation in the exercise of local self-government». The article raises the question of whether it is necessary to develop scholarly arguments that, following the constitutional reform of 2020 and its establishment of the concept of a «unified system of public authority», could encourage lawmakers to advance initiatives promoting grassroots civic self-organization at the municipal level.

FOREIGN EXPERIENCE

184-189 57
Abstract

The paper analyzes the interpretation of the category of human dignity in the decisions of the U.S. Supreme Court in cases related to the right to die. It seeks to identify the conceptual foundations on which the court builds its reasoning in cases involving the termination of life-sustaining treatment and medical assistance in suicide, as well as to assess the balance between personal autonomy and state interests. Particular attention is given to the analysis of Cruzan v. Director, Missouri Department of Health, Washington v. Glucksberg, and Vacco v. Quill, in which the court articulates key positions on this issue. The analysis reveals that the court consistently refuses to recognize the right to die as constitutional, preferring to delegate such matters to state legislation. In this context, human dignity is interpreted by the Court not as an autonomous legal principle, but as a derivative of other constitutional guarantees — primarily the right to privacy. It is emphasized that the Court’s approach to the right to die is rooted in institutional restraint and respect for pluralistic conceptions of dignity, reflecting a fundamental tension between personal autonomy and collective values in liberal democracy. The findings and conclusions of this study can be used to advance the human rights doctrine in the field of the right to die. The novelty of the study lies in its analysis of the category of dignity within the framework of U.S. constitutional law, based on the Court’s judicial practice.



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