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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 21, No 8 (2026)
View or download the full issue PDF (Russian)

TO THE 95TH ANNIVERSARY OF THE KUTAFIN UNIVERSITY (MSAL)

11-28 133
Abstract

The paper examines certain aspects of the current state of legal scholarship, which faces significant challenges requiring resolution. First and foremost, these include the legal support of the Russian Federation's technological and socio‑humanitarian leadership. Naturally, however, the tasks of legal scholarship are not limited to this. It is called upon to provide scientifically grounded legal responses to the needs of society and the state. Legal scholarship is manifested in a variety of scholarly outputs, one of which is dissertation research. The article presents data on the dynamics of dissertation defenses in legal disciplines over the past several years. This empirical material provides a basis for meaningful generalizations and the formulation of certain conclusions. Figures are sometimes more persuasive than any theoretical constructs. The paper focuses on the state of legal scholarship at the Kutafin University (MSAL), which celebrates its 95th anniversary this year. The University approaches this milestone with positive scholarly achievements. Nevertheless, there remains substantial potential for further development.

PAGES OF HISTORY

29-39 106
Abstract

The paper presents a historical and legal study of the regime governing relations between the Soviet State and the Russian Orthodox Church from the 1940s to the 1980s. It argues that Soviet legislation on religious cults during this period did not establish a mechanism for implementing the freedom of conscience proclaimed by the Constitution of the USSR. On the contrary, it created a distinct regime of legal toleration that defined the limits of what was permissible for the Russian Orthodox Church within the Soviet legal order. The study identifies the specific features of the registration regime, property restrictions, permissible forms of religious activity, and the multi‑level supervisory and sanctioning mechanism as interconnected components of a unified system of formal legal constraints. Drawing on an analysis of constitutional provisions, decrees and resolutions of 1918 and 1929, acts of the Council of People's Commissars (Council of Ministers) of the USSR issued in the 1940s–1960s, the 1961 Instruction on the Application of Legislation on Religious Cults, and subsequent law‑enforcement practice, the paper examines the mechanisms through which legal boundaries on the religious activities of the Russian Orthodox Church were established and maintained. It concludes that this regulatory regime institutionally entrenched the primacy of the Soviet State's political and ideological objectives over the legal status of religious associations and secured a system of managed loyalty on the part of the Russian Orthodox Church through procedural filters and sanctions.

THEORY OF LAW

40-47 93
Abstract

The paper examines the legal conceptualization of the use of virtual in‑game assets (VIAs). Such assets — including accounts, characters, weapons, equipment, cosmetic items, currency, and virtual real estate — possess substantial consumer value and may have both tangible and intangible value. Some of them may be converted into real‑world money. From a legal perspective, the defining characteristic of virtual in‑game assets is their economic value. It is noted that the legal dimension of the conversion process should be considered through the lens of internet users' responses to changes in the external environment arising from their interaction with one another and with that environment. Unlike other forms of virtual property, VIAs are inherently connected with online games and cannot exist independently thereof. The article draws attention to the fact that legal rules govern only a limited part of the relationships emerging online. The principal regulatory framework consists of user agreements and rules developed by the internet community itself on the basis of a multistakeholder approach. In view of the rapid development of virtual space and the emergence of metaverses, the article contends that it is appropriate to orient regulation towards moral norms, universal human values, and to use the potential of legal culture and legal consciousness.

48-61 140
Abstract

Law is one of the principal regulators of social relations and plays an important role in ensuring stability and order in society. Changes occurring across various spheres of social relations inevitably affect law as a phenomenon of social life, as a concept, and in terms of its defining characteristics. At present, law is undergoing a substantial impact from digital technologies. Such technologies exert both positive and negative effects. On the one hand, they enhance the effectiveness of legal regulation, improve methods of handling legal information, transform forms of interaction among legal subjects, and create new instruments for carrying out various forms of legal activity.

On the other hand, digital technologies affect the principles, essence, nature, and defining characteristics of law. The purpose of this study is to examine the impact of digital technologies on such characteristics of law as general binding force, formal certainty, normativity, and its intellectual‑volitional nature. The study concludes that the uncontrolled development of digital technologies, without oversight by legal scholarship and society, may result in the loss of law's fundamental characteristics or in their substantial transformation.

62-69 91
Abstract

The implementation of the right to free legal assistance, guaranteed by Article 48(1) of the Constitution of the Russian Federation, is of particular importance where such assistance is provided free of charge to certain categories of citizens in cases prescribed by law. A key issue in regulating these relations is the establishment of an appropriate balance between ensuring the right of the persons concerned to receive free legal assistance and preventing its unjustified provision. Particular significance attaches to the institution of refusal to provide free legal assistance, which, given its specific function, serves as a regulatory mechanism within these relations. However, incomplete and fragmented federal regulation of refusals to provide free legal assistance, together with the divergent development of relevant rules at the regional level, gives rise to inconsistent interpretation and application of this institution. This, in turn, reduces the effectiveness of the system of free legal assistance and may infringe the rights of certain categories of citizens to obtain it. The author analyses the identified shortcomings of this legal institution and proposes means of addressing them.

FINANCIAL LAW

70-80 82
Abstract

The paper traces the development of the concept of the social state, from the works of Lorenz von Stein and German social legislation to the Beveridge model and the Soviet healthcare system. It substantiates the conclusion that the social character of a state is a substantive rather than a merely formal legal attribute and is determined by the actual orientation of public policy towards securing citizens' social rights. The paper explores healthcare financing as an indicator of the social policy pursued by the state. It provides a comparative analysis of the Bismarck, Beveridge, and Semashko models, identifying their funding sources, distinctive features, advantages, and limitations. The study establishes that the Russian system is of a mixed nature, combining budgetary funding, compulsory health insurance, and state planning. It concludes that the model for financing medical activities is a product of law, the content of which is determined by the rules of budgetary law, legislation on compulsory social insurance, and financial control.

LEGAL REGULATION IN THE INFORMATION SPHERE

81-93 130
Abstract

The paper examines the impact of computer attacks on contractual relationships concerning the provision of digital services between service operators and their customers (users). The author identifies and substantiates a trend in Russian legislation towards imposing on digital service operators a duty to counter computer attacks. Six legally significant characteristics of such attacks are formulated, which affect their assessment in the context of civil liability for breaches of obligations caused thereby. The paper reviews doctrinal and judicial approaches to the classification of cyber‑attacks as force majeure and substantiates the desirability of a differentiated approach depending on the intensity (severity) of the attack. Based on an analysis of the application of contractual limitations of liability in the event of computer attacks, it is proposed that public law rules establishing information‑security requirements for digital services be taken into account as criteria for determining the applicable standard of due care expected of a digital service operator when providing services to third parties. Particular attention is given to the cybersecurity obligations of operators of digital services related to the issuance and exchange of digital financial assets, as well as operators of digital intermediary platforms for goods (marketplaces).

94-101 92
Abstract

The paper analyses amendments to the Federal Law «On Personal Data» that entered into force in 2025. It notes that the reform is systemic in nature and is aimed at substantially tightening the requirements imposed on personal data operators. The principal innovations include the introduction of differentiated administrative fines for data breaches, the amount of which depends on the number of affected data subjects, as well as stricter criminal liability. The paper examines in detail the new requirements for obtaining valid consent to personal data processing: from 1 September 2025, such consent must be executed as a separate document. It also addresses the regulation of data anonymization and the prohibition on cross‑border data transfers prior to the initial storage of data in Russia. The article concludes that the amendments significantly increase legal and financial risks for personal data operators, requiring them to adopt without delay comprehensive organizational and technical measures to bring their activities into compliance with the updated legislation.

CIVIL AND FAMILY LAW

102-115 174
Abstract

The paper substantiates the admissibility of commission transactions involving real property, taking into account Article 996(1) of the Civil Code of the Russian Federation, and proposes mechanisms for protecting an acquirer under such a transaction. Distinguishing among several models of a commission mandate makes it possible to delineate the scope of the debate concerning the permissibility of such transactions and to demonstrate that the issue should not be framed as one of their absolute prohibition, but rather as the admissibility of a commission agent's disposition of the principal's real property. It is argued that such disposition is possible where the principal confers dispositive authority upon the commission agent; this may be presumed where the commission agreement adopts a model under which the commission agent not only concludes the contract but also independently enters into the dispositive transaction. With respect to a commission for the purchase of real property, the article maintains that registration of title directly in the name of the principal reflects policy considerations, whereas interim registration in the name of the commission agent undermines the public reliability of the register. The Supreme Arbitrazh Court of the Russian Federation has failed to address the risk that a commission agent may be unable to perform its obligation in kind, thereby jeopardizing the acquirer's interests. To resolve these issues, the study proposes using the construct of the commission agent's conditional obligation and an expectancy right in the form of a registrable encumbrance over real property, including the possibility of its provisional registration in favor of a future unidentified person, followed by subsequent identification. It concludes that these approaches ensure a balance of the parties' interests and the stability of civil transactions.

CIVIL AND ADMINISTRATIVE COURT PROCEEDINGS

116-128 108
Abstract

The author explores the use of artificial intelligence in the judicial system. The paper describes ways in which artificial intelligence can be used both for judicial decision‑making and for performing other, more technical tasks. The author examines foreign experience and Russian domestic discourse. The paper focuses on the advantages and disadvantages of using artificial intelligence for judicial decision‑making. In particular, a number of potential problems of such use are identified when making decisions on the recognition and enforcement of foreign court and arbitral awards. According to the author, the problems under discussion arise from the inability of artificial intelligence to properly process value judgments, for example, with such a legal category as public order. Moreover, modern practice is complicated by sanctions pressure, which only adds to the difficulty of considering cases on the recognition and enforcement of decisions of foreign courts and arbitrations. In particular, new concepts are emerging, such as persons from unfriendly states, a new public order, etc. At the same time, established institutions (for example, the principle of reciprocity) in modern realities can be applied by courts differently, which, in our opinion, is also inaccessible to full understanding by artificial intelligence.

129-139 97
Abstract

The paper analyzes the logic and limits of the transformation of means of proof in civil proceedings in the Russian Federation, and draws a distinction between this category and the representation of evidentiary information. It is shown that a change in the procedural form while the content remains unchanged (for example, the transition of explanations from documentary form to the procedural means of «explanations of the parties and third parties», the use of the record of the hearing and the official audio recording in appellate instances as written/electronic evidence of procedural violations) affects the rules of admissibility and evaluation. Particular attention is given to the digital environment: printouts of correspondence, screenshots, files, metadata, and private audio-video recordings are, in practice, situationally classified as written, physical, or audio-video evidence, which creates risks of loss of authenticity, distortion of derivative images, and unpredictability of law enforcement. The need for the regulatory identification of electronic evidence as an independent type and the establishment of requirements for its presentation, identification, certification, storage and research (including work with metadata with the participation of a specialist and forensic computer-technical examinations), as well as the distinction between original and derivative electronic forms, is substantiated. The authors conclude that a clear distinction between transformation and presentation is useful for unifying judicial practice, increasing technological and legal certainty, and preventing the substitution of transformation by a mere change of medium.

BUSINESS AND CORPORATE LAW

140-147 81
Abstract

In light of recent trends in law enforcement practice towards expanding the rights of company beneficiaries, the paper examines whether indirect participants have the right to file claims for the so-called restoration of corporate control (clause 3 of Article 65.2 of the Civil Code of the Russian Federation). To assess the prospects for using this rule to protect the interests of beneficial owners, the author analyzed three cases in which indirect participants filed claims for the return of a shareholding lost against their will. The author concludes that the courts' cautious attitude towards satisfying such claims is justified, since otherwise there would be a danger of eroding the principle of property separateness of a legal entity. Nevertheless, it would also be wrong to completely restrict the ability of beneficiaries to bring such claims; however, their satisfaction should only be permitted in exceptional situations, for example in the absence of the possibility of resorting to other remedies. In other words, when indirect participants file claims for the restoration of corporate control, courts should be guided by the logic set out by the Supreme Court of the Russian Federation in the Kufman case.

INTERNATIONAL LAW

148-161 93
Abstract

The study examines the concept of the common heritage of mankind (CHM) and its role in contemporary international law. The historical context of the development of this concept is analyzed, its development since the mid-20th century and the reasons for its support by developing countries advocating for a new international economic order are traced. The methodology involves the analysis of key international documents, including the 1982 UN Convention on the Law of the Sea and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. Scientific approaches that allow us to determine the legal nature of the CHM are also being explored. The main findings show that the concept of CHM, although influential in shaping international legal discourse, faces difficulties in practical application and is not universally accepted as customary international law. It is concluded that, initially based on the desire for a fair distribution of resources, the concept is evolving towards a «common concern» that emphasizes shared responsibility and sustainable resource management, while its future as a binding legal norm remains uncertain due to problems in implementation and the existence of pragmatic economic approaches in state activities.

162-172 80
Abstract

The paper examines the mechanisms of public law protection of the Russian oil and gas sector from secondary sanctions — extraterritorial restrictive measures introduced by foreign states and affecting the rights of third parties. The relevance of this topic is determined by the unprecedented sanctions restrictions from 2022 to 2025, targeting the Russian oil and gas sector, as well as the need to adapt national legislation to neutralize the indirect impact of such measures. The paper analyzes the international legal nature of secondary sanctions and the problems of their legitimacy, modern judicial practice and jurisdictional disputes arising from the clash of foreign sanctions with the Russian legal order. Particular attention is given to national «blocking» measures and counter-sanctions legislation aimed at protecting sovereign interests: from prohibiting the enforcement of foreign sanctions legislation to establishing the exclusive jurisdiction of Russian courts in disputes involving sanctions. Based on a comprehensive analysis of regulations, court decisions, and scientific opinions, the authors draw conclusions regarding the formation of a special sanctions-resistant legal regime in Russia, designed to ensure the stability of the oil and gas industry in the face of secondary sanctions, as well as suggest recommendations for its improvement.

173-182 109
Abstract

The paper presents the results of a study on compliance with international regulations for preventing collisions at sea in terms of requirements for lights and signs in the context of the introduction of autonomous shipping. The author examined the international convention establishing the relevant rules, as well as the national legislation of the Russian Federation regulating compliance therewith, including at the stage of designing and constructing sea vessels. The paper examines issues arising from the lack of an approach to applying these standards to autonomous vessels, the main feature of which is the use of equipment and systems that reduce the influence of the human factor or completely eliminate it through automation. The starting point is the thesis that autonomous maritime surface vessels must ensure equivalent compliance with the requirements of international conventions that previously regulated the corresponding relations in the field of «classical», non-autonomous shipping. Based on the results of the study, the author developed a number of proposals for improving the system of legal instruments that ensure the safety of maritime navigation. They particularly concern ensuring the display of lights and signs on autonomous vessels through the application of the necessary technical and technological solutions, the use of which is currently associated with a number of law enforcement problems.

ENERGY, ENVIRONMENTAL AND NATURAL RESOURCES LAW

183-198 92
Abstract

The paper examines contemporary issues of developing technological and environmental sovereignty in the context of the transformation of the global climate agenda and increasing geoeconomic competition. Particular attention is given to the relationship between climate policy, technological development and economic sustainability of states within the Eurasian economic space. It is emphasized that achieving environmental goals, including decarbonization and carbon neutrality, is impossible without developing our own technological base and reducing dependence on external suppliers of critical solutions. The authors analyze the institutional and legal mechanisms for implementing climate policy in the EAEU countries, identifying differences in the level of technological support and the degree of involvement of international partners. It is noted that the climate agenda is gradually moving beyond purely environmental issues and becoming a factor in the structural modernization of the economy. The paper substantiates the thesis that technological sovereignty is a key condition for the effective implementation of climate strategy and ensuring the strategic autonomy of states. A conclusion was made regarding the need to coordinate the efforts of the EAEU countries in the development of low-carbon technologies, the unification of standards, and the formation of a joint innovation infrastructure as the basis for the sustainable development of the region.

LAW ENFORCEMENT

199-213 90
Abstract

Insurance fraud poses a threat to the stability of market relations, having a devastating impact on the operational efficiency of insurance companies and exacerbating the financial burden on bona fide policyholders. At the same time, rapid digitalization, which brings unprecedented opportunities for optimizing operational processes and expanding customer service, is also radically transforming the nature of fraudulent activity, equipping attackers with fundamentally new tools and channels for implementing more sophisticated, scalable, and difficult-to-detect schemes, such as manipulating digital traces and data, staging events using deepfake technologies, or exploiting vulnerabilities in complex information systems and distributed ledgers. This fundamentally changes the conditions for counteraction and, as a result, creates new challenges for insurance companies and law enforcement agencies, necessitating a fundamental restructuring of their strategies and tactics. The paper presents innovative solutions for effectively combating insurance fraud in the context of digitalization.

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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