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Actual Problems of Russian Law

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Actual Problems of Russian Law Journal is an academic and practical law journal devoted to current issues of the theory of law, practice of its application, improvement of the legislation, and problems of legal education.

Sections of the Journal cover all major branches of law, take into account the full range of legal issues, including the theory and history of the State and law, constitutional law, civil law, criminal law, international law, etc. On the pages of the Journal, you can find expert opinions on landmark cases, conference proceedings, reviews of the most recent legal publications.

The Journal publishes articles written by well-known scholars and practitioners, professors of leading Russian universities, judges, government officials.

The Journal is founded and has been published by Kutafin Moscow State Law University since 2004.

Frequency: Monthly.

An academic peer-reviewed law journal.

Included in the Russian Index of Scientific Citing.

  • The Journal is registered by the Federal Service for Supervision of Communications, Information Technology and Mass Media - Roskomnadzor (Certificate PI No. FS77-25128 of May 7, 2014).
  • The Journal is registered by the ISSN International Center (ISSN 1994-1471).
  • The Journal has been included in the index of the Higher Attestation Commission (VAK) of the Ministry of Education and Science of the Russian Federation.
  • Each article is assigned a unique DOI prefix.
  • The Journal is included in the largest international database of periodicals Ulrich's Periodicals Directory.
  • The Journal is included in "ConsultantPlus", "Garant" legal reference systems.
  • The Journal is included in “CyberLeninka” open science hub.

 

Current issue

Vol 20, No 8 (2025)
View or download the full issue PDF (Russian)

STATE POWER AND LOCAL SELF-GOVERNMENT

11-18 4
Abstract

The paper offers a comprehensive analysis of federalism in the Russian Federation, detailing provisions that illustrate both the symmetrical and asymmetrical aspects of its federal structure. The study is based on the Constitution of the Russian Federation that defines the distinctive features of the Russian federal system. To provide context, the paper includes a historical overview, allowing for an in-depth examination of the constitutional and legal status of the republics, autonomous okrugs, and the autonomous oblast. The authors address the special status of Moscow, the capital of the Russian Federation. Specific examples, theoretical frameworks, and historical context support the authors’ conclusions regarding the unique characteristics of Russian federalism. The paper reviews alternative models of state-territorial organization, evaluates their effectiveness, and discusses potential directions for their development. The study underscores the relevance of the findings by comparing different approaches to state-territorial organization and analyzing contemporary perspectives on federalism. After a thorough review of constitutional provisions related to the complex issue of federalism in Russia, the authors draw conclusions on the topic.

FINANCIAL LAW

19-32 4
Abstract

Using an integrative approach, the author examines the complex nature of financial sovereignty of the state, emphasizing its political, economic, and legal dimensions as a social phenomenon. Financial sovereignty manifests differently in different spheres of social relations, which allows for the identification of its distinct features within the financial domain. This specific manifestation is referred to as “financial sovereignty.” By considering the historical evolution of state sovereignty and applying an interdisciplinary perspective, the author conceptualizes financial sovereignty as a polysemic legal phenomenon: it serves as a characteristic of the legal status of the state as an object of legal regulation, and as a comprehensive legal institution uniting norms from various branches of law, including financial law. A key direction for the development of financial law doctrine and legislation involves defining and codifying the substantive foundations of financial sovereignty and establishing its content in the form of a registry of the state’s sovereign rights and obligations in the financial sphere. To this end, the financial system of the state should be viewed broadly, encompassing the organizational relationships that facilitate payment and settlement operations between monetary funds belonging to both private and public entities. This is achieved through payment and settlement infrastructure the object of which is money in its various forms (cash, non-cash, and digital moneys). The subjects of the infrastructure include both the owners of monetary funds and the operators (owners) of the payment and settlement infrastructure. The author proposes structuring the sovereign rights and obligations in the financial sector using the theory of positive obligations. This approach enables the formulation of directions for the development of national legislation and international law.

33-41 3
Abstract

The paper explores the prospects for utilizing cryptocurrencies (digital currencies) within the context of foreign economic activity and analyzes the key legal challenges in this area. Currently, the use of digital currencies in cross-border transactions stands out as one of the most effective mechanisms for countering economic sanctions imposed by unfriendly states. In pursuit of these objectives, the Russian Federation has implemented an experimental legal framework for transactions involving cryptocurrencies. Furthermore, it has been established that cross-border settlements in cryptocurrencies were practiced prior to the initiation of this experimental regime, often in defiance of the existing prohibition on accepting digital currencies as consideration. It has been established that the state must ensure the simultaneous implementation of two public interests, which do not contradict each other: upholding legality and countering economic sanctions. This objective is to be achieved through amendments to legislation that introduce liability for violations of the aforementioned prohibition. Terminological inaccuracies within the digital currency legislation have been identified, specifically the inability to incorporate stablecoins with centralized issuers—which have become the primary instrument for cross-border settlements—into the legal concept of “digital currency.” The author substantiated the rationale for conducting a controlled experiment on the use of digital currencies in cross-border settlements.

LEGAL REGULATION IN THE INFORMATION SPHERE

42-49 5
Abstract

The paper examines the key aspects of ensuring the information security of the Russian Federation. Particular attention is devoted to improving legal and organizational mechanisms aimed at restricting the dissemination of prohibited information and shaping a secure knowledge-based information environment. The author highlights that, in recent years, substantial progress has been achieved in the field of information policy in Russia. However, unresolved issues remain, including inconsistencies in terminology, instable and unsettled legal regulation, and the lack of alignment between national legislation and international standards. The proposed recommendations emphasize the necessity of conducting comprehensive legislative monitoring, developing legally consistent definitions, establishing a normative framework for the prevention of information threats, strengthening mechanisms of public-law accountability, ensuring the resilience of national legislation under conditions of global information confrontation, enhancing international cooperation mechanisms, improving legal support for oversight of social networks and digital platforms, creating new regulatory and monitoring bodies, and reconsidering the priorities of state policy in the domain of information security.

CIVIL AND FAMILY LAW

50-58 3
Abstract

This study addresses the contradicting judicial approaches to admitting the surviving spouse of a deceased member into a limited liability company (OOO), where such admission is claimed either on the basis of the spouse’s marital share in the deceased’s interest in the charter capital or through inheritance. The author supports and further elaborates on the position of the Supreme Court of the Russian Federation that upheld an analogy between the posthumous conversion of a share in joint marital property into separate property and succession by inheritance. Such an analogy substantiates the general rule that a surviving spouse may be admitted to the OOO on par with heirs, notwithstanding objections from other members. The paper further proposes that analogy serve not merely as a casespecific gapfilling mechanism, but as a tool for legislative refinement. To this end, the author recommends amending the Federal Law “On Limited Liability Companies” to provide default rules governing the acquisition of corporate rights by surviving spouses, applicable in the absence of a specific procedure in the company’s charter.

59-66 3
Abstract

The study of international experience in the formation and development of the institution of family mediation that serves as an important tool for resolving conflicts in family relationships contributes to the scholarly understanding of its necessity in marital and family relations in Russia. Although Russian legislation has formally recognized mediation as an alternative method of dispute resolution, the practical implementation of these provisions has yet to reach a wide scale. At the same time, in the context of seeking a balance between non-interference of the state in private life and its aspiration to create conditions for the protection of family, motherhood, fatherhood, and childhood, there is an increasing demand for the examination of global practices in applying mediation technologies to socially significant areas, including restorative and family mediation. In this regard, a range of issues arise concerning the professionalization of mediation in the field of family disputes. Professionalization include the establishment of qualification requirements for family mediators, development of ethical standards governing their conduct, and the legislative definition of the “scope of activities” within which a family mediator may operate, and other considerations. In conclusion, the author underscores the importance of advancing research and development in family mediation with the goal of adapting to emerging social realities and needs. The author expects that mediation will evolve not only into a tool for conflict resolution, but also into a key mechanism for the prevention of family disputes, thereby fostering more harmonious family relationships.

67-77 3
Abstract

Modern Russia emerged as a consequence of the geopolitical rupture of the system of legal relations that marked the dissolution of the USSR. The profound dismantling of a closed system of economic relations predetermined a period of social crises across the post-Soviet area, a natural outcome of which was the phenomenon of mass orphanhood. The adoption by the Russian Federation of internationally recognized principles for the protection of children led to the proclamation of a paradigm prioritizing family-based upbringing. The Soviet policy of all-encompassing institutional upbringing of children in the system of state agencies was substituted by the strategy aimed at deinstitutionalization of organizations for orphans and children deprived of parental care. The paper examines the evolution of legal approaches and the legislative framework ensuring the realization of children’s rights in the new legal and economic reality. It also identifies and characterizes specific contemporary forms of care for orphans and children without parental care at the current stage of Russia’s social development.

BUSINESS AND CORPORATE LAW

78-88 3
Abstract

Domestic and foreign doctrinal approaches to the correlation between the concepts of “electronic transaction,” “electronic commerce,” “electronic trade,” and “electronic business” suggest that electronic commerce constitutes a specific form of electronic business. Legal relations arising from the conclusion, performance, and termination of electronic transactions constitute the core element of electronic commerce. An approach that limits the execution of cross-border electronic commercial transactions exclusively to the Internet does not align with the principle of technological neutrality. The cross-border nature of such transactions may be identified through a close connection with the legal systems of two or more states. The traditional approach, which defines the principal criterion for recognizing legal relations as cross-border by the location of commercial enterprises in different states, fails to fully address the challenges presented by the realities of the digital environment. A close connection with multiple legal systems may be established through a combination of various criteria, including the place where business operations are conducted, a domain name and operational links, and the doctrine of targeting activities. It is conceptually accurate to define such a transaction as “cross-border” rather than “international,” as this terminology emphasizes the nature of private legal relations and excludes intergovernmental relations between subjects of public international law vested with sovereignty.

89-96 4
Abstract

Within the framework of the study examining the mechanisms for holding controlling shareholders liable for damage caused to the corporation and its other shareholders, the author arrives at the following conclusions: (1) Chinese legislation and corporate law doctrine departure from the categories of a “minority” and “majority” shareholder that are being replaced by the concepts of “controlling” and “non-controlling” shareholder; (2) The principal grounds for imposing liability on controlling shareholders towards the corporation and/or other participants are as follows: the abuse of rights, violation of law, the corporation’s charter, or administrative regulations for the purpose of causing harm to the corporation and/or other shareholders; the use of affiliated relationships with other entities to the detriment of the corporation; giving instructions to executives and directors with the intent of inducing them to take actions harmful to the corporation’s interests; (3) Chinese corporate law provides for the possibility for non-controlling shareholders to bring direct claims against controlling shareholders.

CRIMINAL LAW

97-114 3
Abstract

The paper analyzes the term “mental disorder” as a criterion of criminally punishable harm to health, which determines the degree of social danger of an act. The discussion of this criterion, its meaning and content is a pressing theoretical and practical problem, since its epistemological aspect requires reference to various fields of knowledge. The work emphasizes the relevance of an interdisciplinary approach that combines legal and medical knowledge, which is necessary for correct law enforcement practice. The paper examines historical changes in terminology in the Criminal Code of the Russian Federation, such as the replacement of the concept of “mental illness” with “mental disorder”, “bodily injury” with “harm to health”, and their impact on the classification of crimes against health. The authors justify the importance of considering medical classifications and harmonizing them with legal realities to ensure objectivity and uniformity in the classification of serious harm to health. Based on a comparison of the medical, legal and scientific meanings of physical and mental trauma, harm to health, and harm from mental damage, the paper proposes practical solutions for defining the category of mental disorders that should be assessed as causing material, physical, and moral (mental) harm. A medical-legal model of mental disorder as a criterion for serious harm to health is presented. The paper aims at scientists, lawyers and medical experts, specialists involved in the enforcement of criminal law.

CRIMINAL PROCEDURE

115-123 3
Abstract

Issues related to the use of specialized knowledge in criminal proceedings remain relevant despite existing legislative provisions for expert and specialist involvement. The existence of different approaches in different branches of law to the interpretation of the concepts of “special knowledge” and “special expertise” causes not only ongoing scientific discussions in this regard, but also difficulties in law enforcement practice. Rapid legislative development necessitates revising existing provisions to enhance the effectiveness of these participants. A comparative analysis of various states’ legislation allows leveraging positive foreign experiences for legislative optimization--especially crucial in the digital age. However, this is not about blind replication, but about developing a distinct model for utilizing special knowledge in criminal proceedings, enabling more effective application amid digitalization.

124-132 3
Abstract

The paper substantiates the need to clarify existing definitions of "electronic evidence" in criminal procedure science. Content analysis of scholarly literature reveals types and classifications of admissibility criteria for electronic evidence. Through a systematic analysis of criminal procedure legislation, legal positions of the Supreme Court of the Russian Federation, a study of criminal procedure practice, an empirical study conducted by the author in 2024-2025 in 12 constituent entities of the Russian Federation, and foreign experience in using electronic evidence in criminal procedure proving, additional criteria for the admissibility of electronic criminal procedure evidence have been updated based on their digital origin and scope of existence. The author proposes a definition of electronic evidence in criminal proceedings, and systematizes the criteria for its admissibility in order to optimize criminal procedural practice.

CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE

133-146 3
Abstract

Fraud in the area of residential property transactions is becoming increasingly prevalent in the criminal environment, primarily due to the potential for substantial illicit profits. The number of such crimes continues to rise, driven not only by economic and geopolitical instability but also by evolving criminal methodologies in committing such crimes. The mode of operating any crime is intertwined with the perpetrator’s personality traits. This justifies a scientific analysis of profiles of fraudsters using modern IT/telecom technologies in residential property transactions. The study aims to identify common characteristics of these individuals linked to preparation, execution, and concealment methods in this particular type of fraud. Special focus is given to forensic analysis of “fraudulent call centers” and “droppers.” The paper provides recommendations for the prevention of this type of crime, taking into account legislation and law enforcement practice.

INTERNATIONAL LAW

147-154 4
Abstract

The paper attempts to define the legal nature of online arbitration and its relationship with traditional arbitration. It questions whether online arbitration constitutes arbitration by its legal nature or represents dispute resolution procedures lacking arbitration characteristics. The conducted analysis shows that classifying nonarbitral procedures as “online arbitration” is unjustified from legal-technical and formal-logical perspectives; only procedures meeting core arbitration features qualify. The paper examines the problem of distinguishing online arbitration from traditional arbitration. Through instrumental and qualitative approaches to the role of digital technologies, it is noted that deep digital integration qualitatively transforms dispute resolution in online arbitration, creating phenomena absent in traditional arbitration. These phenomena change the nature of arbitration proceedings and serve as a distinctive feature that allows us to distinguish between online arbitration and traditional arbitration.

ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW

155-164 3
Abstract

The paper analyzes the digital transformation of environmental law, risks and consequences of digitalization and artificial intelligence (AI) implementation, highlighting the special role of environmental policy in the concept of digitalization of environmental law. The authors examine the role of morality and ethics, the role and place of man as a biological being, existing or potential legal systems, “digital legality,” the foundations of the rule of law in the context of the digitalization of law in general and environmental law in particular. Key application areas for digitalization in environmental law are identified. The features of digitalization of individual institutions of environmental law are considered. Principles for normative and non-normative approaches to AI implementation in environmental governance are formulated. The controversial issues of digitalization of environmental law, risks and threats accompanying this transformation are outlined. Approaches to building a digital legal ecosystem have been identified. The study concludes that both environmental law’s conceptual understanding and regulatory models are undergoing transformation.

LEGAL EDUCATION AND SCIENCE

165-181 3
Abstract

The paper substantiates the concept of legal engineering as an interdisciplinary methodology aimed at integrating legal mechanisms into the processes of scientific and technological development. The authors analyze the problems of a weak regulatory framework, fragmented legislation and insufficient legal competence in the field of innovation development, which hinders Russia’s technological leadership. The following types and subtypes of legal engineering are identified and characterized: 1) sci-tech legal engineering (legal engineering in strategic management); 2) applied legal engineering: 2.1) legal engineering in project management; 2.2) legal engineering in process management (LegalOps/LegalEngeneer): LegalTech, intellectual property management, personal data management, etc. Emphasis is placed on universities’ and corporations’ roles in building new legal infrastructure and training specialists at the law-engineering-innovation nexus. Under a new lawyer competency framework developed at Kutafin Moscow State Law University (MSAL) it is possible to say that a specialist in legal engineering in strategic management is a lawyer-strategist, a lawyer-norm creator; a specialist in legal engineering in project management is a lawyer-partner; a specialist in legal engineering in process management is a lawyer-technologist, LegalEngineer, LegalOps-manager.

182-191 3
Abstract

As members of the Union State Russia and Belarus aim to integrate educational and scientific spaces. This task is crucial for achieving strategic scientific and technological development goals clearly defined in strategic planning documents. Shared objectives require joint efforts in training researchers. The study assesses both countries’ academic capacities, identifies common and distinct features in state certification systems, and reveals a unified need for research competency development. This necessitates enhanced training of highly qualified personnel for the implementation of strategic tasks of scientific and technological development of the Union State. The paper proposes a novel model for dissertation councils involving network partners’ academic staff. This model can be implemented in universities lacking personnel while sharing goals and development objectives. The paper justifies the integration of dissertation councils into university talent ecosystems ensuring faculty qualification for national scientific-technological challenges.

Announcements

2021-03-03

Антикризисное и арбитражное управление 2021. Актуальные вопросы и решения

22-23 апреля 2021 года, в Москве, на площадке Аналитического центра при Правительстве Российской Федерации, пройдет Всероссийский практический семинар-конференция "Антикризисное и арбитражное управление 2021. Актуальные вопросы и решения".

Два полных дня участия, в самом масштабном мероприятии после года пандемии, даст ответы на самые актуальные вопросы в тематиках банкротства юридических и физических лиц, развития быстрорастущей отрасли антикризисного и арбитражного управления на 2021/22 год. При этом на семинаре-конференции будут также подняты актуальные вопросы развития отрасли, собранные от специалистов по антикризисному управлению и банкротству из более, чем 76 регионов России (Подробнее на сайте мероприятия www.crisisconf.ru раздел Программа).

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