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Actual Problems of Russian Law

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Vol 21, No 7 (2026)
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STATE POWER AND LOCAL SELF-GOVERNMENT

11-18 162
Abstract

The paper identifies a doctrinal and law enforcement gap arising from the fact that citizens’ appeals submitted during the annual live call‑in session with the President of the Russian Federation, while constituting a form of exercising the constitutional right guaranteed by Article 33 of the Constitution of the Russian Federation, do not fully fall within the scope of the Federal Law «On the Procedure for Considering Appeals from Citizens of the Russian Federation». Based on an analysis of the legal characteristics of citizen appeals and relevant scholarly literature, the paper substantiates the thesis that such appeals possess a distinct legal nature. It is argued that the specific features of their form (oral, public, and conducted in real time), the status of the addressee (the head of state acting as guarantor of the Constitution), and the procedure governing their consideration preclude the application of statutorily established procedural rules, while not diminishing their constitutional and legal significance. The article concludes that this phenomenon requires doctrinal recognition as a distinct public‑law mechanism of direct democracy and governmental feedback, necessitating either an expansion of the scope of the aforementioned federal law to account for its specific characteristics or the recognition of such appeals as an independent institution of constitutional law.

PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS

19-29 195
Abstract

The paper examines the legal permissibility of imposing dual administrative liability on individual entrepreneurs for administrative offenses in the field of passenger transportation by motor vehicle. The specific nature of such offenses lies in the fact that their object may encompass public relations both in the sphere of road traffic safety and in the sphere of consumer protection in the provision of services. Using general scientific research methods, the study explores the issue of overlap between the objects of these administrative offenses and analyzes the admissibility of imposing dual liability. The paper further reviews judicial practice and scholarly opinions, identifying the distinguishing features of administrative offenses in the field of passenger transportation that are taken into account by courts in adjudicating such cases. The study reveals a particular feature of administrative liability in the sphere of passenger transportation, namely the possibility of holding individual entrepreneurs liable simultaneously for violations relating to road traffic safety and consumer protection. The author proposes recommendations aimed at improving law-enforcement practice in passenger transportation by motor vehicle.

FINANCIAL LAW

30-45 152
Abstract

The relevance of this study stems from the fact that, under Russian legislation, treasury shares (interests) acquired by a business entity continue to be treated as property and as a corporate asset. In contrast, the legislation of certain foreign jurisdictions, including the United States, the United Kingdom, and Switzerland, prohibits the classification of treasury shares as assets, since their acquisition by a corporation results in a reduction of the corporation’s wealth, a position supported, inter alia , by the economic and accounting substance of such transactions. At the same time, the laws of these jurisdictions characterize transactions involving treasury shares as capital transactions, thereby excluding them from profit taxation. Particular attention is devoted to the theoretical approaches developed by U.S. scholars, as the United States has established over the past century a well‑developed practice of legally characterizing transactions involving treasury shares for tax purposes. The paper describes two principal approaches: (1) treasury shares are classified as assets, and therefore transactions involving them fall within the scope of taxation; and (2) treasury shares do not constitute assets, and transactions involving them are characterized as capital transactions, thereby falling outside the scope of profit taxation. The second approach currently predominates, yet it has not received sufficient attention within Russian legal scholarship. The prospects for further research lie in advancing the discussion regarding the classification of transactions involving treasury shares (interests) as capital transactions and in incorporating this principle into Russian corporate and tax legislation.

CIVIL AND FAMILY LAW

46-56 172
Abstract

Based on civil law methodological approaches, the author analyzes the concept and legal nature of artificial intelligence (AI) and artificial intelligence technologies (AIT), while also identifying the specific features of legal relations arising from harm caused through the use of AI and AIT. The author examines artificial intelligence and artificial intelligence technologies from the perspective of their classification as results of intellectual activity. The study addresses the issue of classifying AI and AIT as sources of increased danger and proposes possible approaches to resolving this issue. The paper analyzes the principal doctrinal approaches to identifying the constitutive characteristics of a source of increased danger, as well as to determining the conditions for imposing civil liability for harm caused by such a source. The paper identifies the persons who may be held civilly liable in cases where harm results from the use of AI and AIT. It further considers the issue of joint causation of harm arising from the use of these digital objects. The research is based on an analysis of Russian civil legislation, civil law doctrine, and law-enforcement practice.

57-66 174
Abstract

The paper presents the author’s concept of legal liability, offering a solution to systemic problems in both general legal theory and the specific classification of its forms in civil law. The author consistently analyzes traditional approaches that reduce liability either to a measure of state coercion or to adverse consequences, demonstrating that such approaches lead to the unjustified conflation of liability with punishment. As an alternative, the study proposes a new theoretical framework defining legal liability as a distinct legal condition of the offender — an independent juridical fact arising at the moment the tort is committed. This condition constitutes the immediate basis for the emergence of a protective legal relationship within which a specific sanction is implemented (according to the sequence «offense → state of liability → punitive legal relationship»). This approach makes it possible to clearly distinguish liability from punishment, explain the inadmissibility of discretionary exemption from liability, and provide consistent criteria for resolving issues of legal succession.

CIVIL AND ADMINISTRATIVE COURT PROCEEDINGS

67-77 131
Abstract

The author emphasizes that, unlike ordinary cases, in which a statement of claim must be examined and the dispute resolved on the merits, in proceedings concerning the issuance of exequatur, the subject of judicial review consists of procedural legal facts. The need to establish such facts is confirmed by an analysis of statutory provisions defining the grounds for refusing recognition and enforcement of foreign judgments, as well as by scholarly views. At the same time, the paper demonstrates the specific features of establishing circumstances indicating that a foreign judgment is contrary to the public policy of the Russian Federation. By drawing on theoretical approaches to the concept of public policy and by analyzing the practice of commercial courts, the author establishes that, in order to determine whether a foreign judgment complies with public policy, the court must also ascertain facts of a substantive legal nature. These include facts concerning the parties to and the subject matter of the dispute resolved by the foreign court, as well as the grounds on which the debtor’s obligation to the creditor arose.

SPORTS LAW

78-85 165
Abstract

The paper is devoted to a comprehensive analysis of violence and other forms of abuse in youth sports from the perspectives of labor law and criminal law, taking into account international standards for the protection of children’s rights. It establishes that international instruments adopted for the purpose of protecting children from violence are merely declaratory in nature. The study also notes that the current legal regulation in the Russian Federation is fragmented due to the absence of a unified definition of the term «violence» and of any characterization of potential abuses in the sports environment. At the same time, international instruments likewise do not articulate a uniform approach to the term «violence». In addition, procedures for the early detection of and response to incidents of violence have not been developed, while the range of protective guarantees afforded to minor athletes is narrower than that available to ordinary minor employees, which is most clearly reflected in Part 4 of Article 348.8 of the Labor Code of the Russian Federation. Drawing on the Convention on the Rights of the Child and legal doctrine, the paper substantiates the need to shift the emphasis from declaratory norms to an operational monitoring mechanism, which may be constructed on the model of the SafeSport system currently existing in the United States.

CRIMINAL PROCEDURE

86-95 191
Abstract

The capacity and potential of artificial intelligence (AI) to replace human beings, to one degree or another constitute a pressing scholarly issue. The positive and negative consequences of this future and seemingly inevitable development require serious theoretical and empirical examination. In the field of criminal proceedings, which is characterized by a substantial volume of data requiring consideration, the use of digital technologies and AI has been shown to be necessary and to offer potential benefits, including a significant reduction in labor costs, the simplification of procedures, the acceleration of processes, and the shortening of procedural time limits. The indisputable advantages of AI include its freedom from incompetence, bias, opportunism, and corruption. At the same time, the introduction of AI into criminal procedure entails certain risks, since, at the present stage of its development, AI lacks a number of key characteristics inherent only in the human mind. The author concludes that it is necessary to develop software capable of resolving hypothetical criminal cases in an experimental testing mode and of generating the knowledge needed to assess both the possibilities of using AI in criminal proceedings and the potential risks of its application in an actual criminal case.

CRIMINAL LAW

96-108 166
Abstract

In the context of the digitalization of the modern economy and society, criminal methods of remotely acquiring citizens’ property through fraudulent means are coming to the fore. Criminals are increasingly using information and telecommunications technologies to carry out criminal activities due to the existing difficulties in finding and identifying them. The government’s current measures to combat remote crime are only just beginning to yield results. However, in this area there is an obvious lag in law enforcement practice. This concerns both the criminal law sphere and individual civil institutions. This creates difficulties in protecting and restoring the rights of victims in such cases. The «Dolina effect» has created ambiguity in law enforcement practice. A number of civil law institutions regulating the real estate transactions are under threat. The growing popularity of «babushka» («granny’s») schemes negatively impacts the stability of the real estate market. The author’s analysis of investigative and judicial practice make it possible to identify the main problems that law enforcement officers face in protecting the rights of victims of remote fraud. The ways of resolving conflict situations in this area are given.

109-121 130
Abstract

The paper proves that significant differences in the criminogenic potential (and, as a consequence, in the public danger) of involvement in the commission of terrorist crimes (Part 1, 11 of Article 2051 of the Criminal Code of the Russian Federation) and public appeals for terrorist activity (Article 2052 of the Criminal Code of the Russian Federation) are primarily associated with the level of specificity of the relevant statements, with the degree of their detail. Psychological and linguistic research confirms that calls to specific actions and setting instrumental tasks that are easy to imagine and plan have a much greater motivational effect than general incentive statements. These patterns also apply to criminal recruitment: encouraging individuals to commit a specific terrorist crime with a description of its details (type of crime, sequence of criminal actions, time, place, etc.) has an incomparably greater motivating effect than general calls for terrorist activity. The specific nature of instigation, as provided for in Parts 1 and 11 of Article 2051 of the Criminal Code of the Russian Federation, is that the recruiter incites another person to commit a terrorist crime (specification), while detailing the essential individual characteristics of the future crime (factual specification). This distinguishes it from public appeals for terrorist activity, for which such specification is not characteristic.

CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE

122-134 141
Abstract

Cybercrime is one of the most urgent domestic and foreign policy challenges facing the modern state. Counteracting the crime requires new legal and technical safeguards against criminal activity in the digital domain. At the same time, cybercrime is primarily international in nature; successfully combating such can only be achieved through close cooperation between all states and their law enforcement agencies. The prevailing legal framework for such cooperation is the 2001 Budapest Convention on Cybercrime, which now comprises over 80 member states. However, Russia has withdrawn from the Convention, citing provisions that it considers incompatible with its national sovereignty. In response, Russia and several other states have put forward a new draft convention on combating cybercrime, which envisions more effective mechanisms for interstate law enforcement cooperation, as well as up-to-date legal and technical countermeasures. The paper examines the content of the proposed draft convention, compares it with the Budapest Convention, and explores the potential scenarios for the implementation of both international instruments. 

INTERNATIONAL LAW

135-143 129
Abstract

The scope of application of the UN Convention on the Use of Electronic Communications in International Contracts 2005 includes the preparation, storage and/or transmission of information in non-documentary form by the parties to a concluded or planned legally significant agreement, provided that the parties’ places of business are in different states. The Convention extends to arbitration agreements concluded through the exchange of legally significant information and covers modern methods of concluding and evidencing such agreements, including the exchange of electronic communications, click-wrap agreements, and browse-wrap agreements. The functional equivalence criteria established by the Convention enable arbitration agreements formed through these methods to be recognized as the equivalent of a traditional written arbitration agreement signed by both parties, thereby resolving the issue of their formal validity.

COMPARATIVE LAW

144-160 126
Abstract

Digital transformation challenges the traditional foundations of national constitutionalism, creating a dialectical tension between adaptability and protectionism. The paper analyzes their interaction as two complementary strategies for ensuring the sustainability of the legal system: the first operates through a flexible interpretation of norms and institutional adaptation to digital challenges, the second — through the protection of the core of constitutional identity from normative diffusion. Through a comparative analysis of the legal practices of Germany, France, Italy, the United States, Russia, and China, the author identifies constitutional filtration as the key mechanism for synthesizing constitutional protectionism and adaptive constitutionalism. This mechanism consists of the selective and reflexive incorporation of external norms, including soft law norms and decisions of supranational courts, filtered through national constitutional values, procedural legitimacy, and the principle of proportionality. The effectiveness of modern legal systems hinges on their ability to engage in critical selection. German Identitätskontrolle (identity control), French constitutional review of the Avia law, Russian data localization requirements, and American regulatory pragmatism toward digital platforms each implement this mechanism through distinct approaches, yet they converge on a single outcome — the preservation of sovereignty without resorting to isolationism. The risks of legal relativism when using the terms «digital sovereignty» without judicial review and proportionality are highlighted. A model of reflexive legal immunity is proposed, where constitutional filtering becomes not just a technique, but a form of sustainable development of constitutional law in the era of algorithmic power. The results of the study substantiate the need for an interdisciplinary approach to digital constitutionalism, algorithmic justice, and platform sovereignty.

161-174 154
Abstract

The paper aims to identify systemic problems in Russian legal regulation related to obtaining informed voluntary consent of a patient for medical intervention, and developing proposals for their solution using the experience of the United States of America and the Federal Republic of Germany. This study argues that informed voluntary consent is of a civil-law nature, constituting a unilateral personal expression of the patient’s will. While it exhibits the characteristics of a transaction as defined in Article 153 of the Civil Code of the Russian Federation, it is subject to the restriction provided for in paragraph 4 of Article 182 of the same Code, which excludes from the scope of agency actions that are closely connected with the person. The study identifies several systemic problems in the Russian regulatory framework: the excessively general character of the information disclosure standard set forth in Article 20 of the Federal Law «On the Fundamentals of Protecting the Health of Citizens in the Russian Federation»; the lack of comprehensive requirements for the content of consent in the context of fee-based medical services and services provided beyond clinical recommendations; and the insufficiency of regulation concerning the strictly personal nature of consent, particularly in legal the absence of a mechanism for advance directives in cases where the patient may subsequently be unable to express his or her will. As a proposed solution, the author advocates for the adoption of the German model of a detailed disclosure standard, which comprises a specific list of mandatory elements to be disclosed and shifts the burden of proof concerning compliance with this obligation to the benefit of the patient. The need to introduce the institution of sick leave orders into Russian law is substantiated. 

ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW

175-185 128
Abstract

The paper analyzes the place of climate projects in state regulation of greenhouse gas emissions in Russia. The author offers an original definition of carbon regulation, conceptualizing it as the deliberate exercise of state authority over public relations concerning greenhouse gas emissions, effected through specialized legal instruments and mechanisms. The objective is to safeguard public interests by reducing greenhouse gas emissions, enhancing their sequestration, and averting dangerous anthropogenic interference with the climate system. 
Climate projects can act as a tool for the dispositive (indirect) method of carbon regulation, for the full implementation of which it is necessary to create stimulating conditions. These conditions include: (1) the establishment of greenhouse gas emission limits (quotas) for regulated entities, which may be met through the implementation of climate projects; (2) the provision of state support to climate project developers; (3) the prioritization of goods and services with a low or zero carbon footprint in public procurement; and (4) the integration of Russian climate projects into international greenhouse gas emission offset mechanisms, particularly ICAO’s CORSIA. 
The author concludes that the legal framework governing the implementation of climate projects should evolve in line with global trends toward more stringent project requirements. These include quantitative restrictions on the use of carbon units, guarantees for the long-term permanence of results achieved through natural sequestration projects (including forest-based climate projects), and other related measures. In this connection, the Russian regulations governing the implementation of climate projects are in need of improvement. 

LAW ENFORCEMENT

186-194 151
Abstract

The paper examines the problem of applying general statutes of limitations established by civil legislation to anti‑corruption claims filed by prosecutors. The author identifies a substantial contradiction between the civil law principles of legal certainty and stability of commerce, which underlie the institution of limitation of actions, and the public‑law tasks of combating corruption, ensuring the inevitability of liability, and protecting the foundations of the constitutional order. Opposing scientific positions are considered: from a complete denial of the applicability of limitation of actions to such claims to practical criticism of the consequences of its application. The legal position of the Supreme Court of the Russian Federation, which insists on the mandatory application of general time limits due to the principle of equality of participants in civil transactions, is examined. It is demonstrated that established judicial practice highlights a serious legislative gap that does not take into account the public‑law nature of anticorruption lawsuits. The author argues for the necessity of comprehensive legislative reform, proposing the establishment of a special procedural regime featuring differentiated limitation periods that run from the moment the offense is discovered, as well as the reclassification of such cases to the framework of administrative procedure. 



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