Russian Practice Research Articles

Contract and Tort Choice of Cause of Action by Persons from the Standpoint of Justice: Pro et Contra

The paper deals with the issues of choice of cause of action as to contract and tort in Russian and foreign law, as well as contract and tort competition between persons. The problem of choice between contractual and non-contractual liability has an artificial character for Russian scientific and judicial doctrine. The choice of cause of action relates to the alternative in claims, but not to the alternative as to debtors. It is concluded that modern scientific and judicial doctrine based on a multifunctional interpretation of civil liability can substantiate and justify not only the phenomenon of compensatory aspect of choice of cause of action by persons, but also the possibility of circumventing the limited liability established by law (contra legem) if it meets the goals of fair liability. These include deterrence of harmful behavior and stimulation of potential to ensure the proper performance of their duties to ensure the safety of their activities. Russian law enforcement practice indicates an increasing trend towards the socialization of civil liability, its focus on preventing harm to an indefinite circle of people, social harm (harm to society).

Current state of care for cancer patients with HIV in Russia: Data from an oncologist survey

Background. HIV infection and its consequences remain one of the dramatic problems of our time. Currently, for people receiving antiretroviral therapy, non-AIDS-related diseases are becoming relevant, among which malignant tumors are steadily coming to the fore. International data show that HIV-infected patients with cancer are significantly less likely to receive full anti-tumor treatment than patients without HIV. Aim. To obtain objective data on the incidence, clinical course, and effectiveness of the most common therapies for patients with malignancies and HIV in real-world practice in Russia. Materials and methods. The study was supported by the All-Russian National Union "Association of Oncologists of Russia." The questionnaire was sent to 1000 oncologists in all regions of the Russian Federation, of which 366 (36%) participated in the anonymous survey. The study did not imply any material award for the respondents. The questionnaire was developed with the direct collaboration of leading oncology experts in malignancies in HIV patients. It included questions about the frequency of follow-up of oncological patients with HIV, awareness of oncologists about the features of the malignancies in HIV patients, and treatment and supportive therapy of cancer patients with HIV infection. The key points of the analysis were the frequency and conditions of the standard anti-tumor treatment program for patients with cancer and HIV. Results. Lack of knowledge among oncologists, low oncological alertness among infectious disease doctors, and lack of specific guidelines for the management of this complex cohort of patients are the main reasons why patients with cancer and HIV fail to receive standard treatment for cancer in Russia. Conclusion. The urgency of the issue of treatment of patients with cancer and HIV warranted the study. This is due to the global trend of an increase in malignancies in HIV-infected people. Conducting educational activities, valid population studies, and creating a national register of these patients will form the basis for developing special clinical guidelines approved by the Ministry of Health of Russia.

Russian and Serbian Punctuation of the 21st Century: An Attempt at Comparative Description

Purpose. The authors conducted a comparative study of the general statistical characteristics of modern Russian and Serbian punctuation practice using the material of Internet texts from the early 20s of the 21st century.Results. The authors analyzed three important characteristics of punctuation practice: the composition and frequency of punctuation situations, the lexical indicators of syntactic relations used (conjunctions, particles, introductory words, etc.), and the occurrence of punctuation marks. The Russian and Serbian parts of the sample are balanced in terms of the number of uses of punctuation marks and in terms of their focus/lack of focus on compliance with the norm on the Internet platforms provided to the authors of the texts. The comparative study revealed similarities and differences in all analyzed parameters.Conclusion. It was found that the high degree of similarity of the main indicators caused by the kinship and typological similarity of the languages is combined with obvious differences, including different occurrence of punctuation situations in graphic practice, different composition and different activity of formal indicators of syntactic connection, different density of punctuation marks per punctuation situation. This means that a comparative study of punctuation practice taking into account statistical data allows us to identify the real relationship between the two punctuation systems, rather than the relationship set by normative documents.

The long-term clinical efficacy and safety of lenvatinib plus pembrolizumab in endometrial cancer: data from routine clinical practice in Russia

Background. Endometrial cancer (EC) treatment outcomes need to be improved. Immunotargeted therapy lead to long-term and delayed effects compared to chemotherapy. Estimation of long-term efficacy and quality of life are crucial when we are talking about efficacy in whole.Aim. To evaluate the long-term clinical efficacy of lenvatinib plus pembrolizumab therapy in patients with EC.Materials and methods. The study included 43 patients with stages I-IV EC with mismatch repair-proficient tumors and treatment duration of more than 9 months. We evaluated median progression-free survival, objective response, duration of treatment depending on the line of therapy, prevalence and type of adverse events, and correction regimens. Results. Lenvatinib plus pembrolizumab treatment was safe and efficacious in recurrent EC. Median of progression-free survival (patients with response or stabilization more than 9 months) is 10.2 months (95 % confidence interval 9.1-13.0), median of follow up is 9.7 (1.4-33.8) months. There were no complete responses, partial response was in 12 (28 %) patients, disease stabilization was in 31 (72 %) patients. Regarding safety, the overall rate of any-grade adverse events was 56.3 %. The most common treatment-related adverse events were fatigue (32.6 %), hypertension (23.3 %), and hypothyroidism (18.6 %). Dose reduction was performed in 22 (51.2 %) patients.Conclusion. The combination of lenvatinib plus pembrolizumab has long-term efficacy and manageable profile of safety. The presence of a significant pool of patients with durable response allows improving the survival rate of such patients in Russia.

Innovations as a driver for the development of the region’s investment attractiveness: incentive tools and methods

The article considers innovations that are the flagship of the development of investment potential of Russian regions and regional economic systems as the main element of investment attractiveness of the regions. The conducted research examines the basic tools and methods for the formation of an effective assessment system for innovative regional development as the level of the investment attractiveness of Russian subjects and Russian regional systems within the framework of Russian and foreign practice and experience. Definition and evaluation of such an indicator as the level of development of the digital environment of business communications, stimulating the effectiveness of innovative activities of business entities, have been identified as the main approaches (or methods) in studying this problem. The conducted research has a significant impact on the further study of directions for the development of a mechanism for effective assessment of the innovative potential and innovative development of the region, which serves as the basis for increasing the investment attractiveness of the Russian regions. The application and use of various assessments, diagnostics and their implementation in considering the innovative potential and innovative development of the region are to analyse the prospects for its formation. The obtained results of the research can be used in assessing these two phenomena to increase the investment attractiveness of the Russian regions.

Realization of the right to education by children with migration history: Russian practices and foreign experience (The end)

Involvement of children with migration history in the Russian education system is a necessary condition for their integration into the host society, their future economic and social success. Less than 20% of migrant children living in our country attend schools. But even their education causes serious problems due to poor knowledge of the Russian language, gaps in general education, and upbringing in a different ethno-cultural environment, often differing in its values and accepted rules of behavior. Russia and foreign countries are implementing a variety of legal and organizational measures aimed at solving these problems and social adaptation of migrant children. The subject of this article is the analysis and generalization of the most effective practices.

Threats to the security of banking activities in modern Russian practice

Among other sectors of the Russian economy, the banking sector is one of the most dynamically developing. Consequently, its resistance to various shocks and possible threats will be one of the central points of support for the economic security of the state. Modern statistics show an increase in various types of incidents in the financial sector. Regular monitoring and detailed analysis of fraudulent schemes will minimize the possibility of criminal manipulation, thereby significantly reducing the number of risks and the amount of financial losses.The presented article provides a structural and geographical analysis of incidents in the financial sector recorded in 2023, and a sketch of the modern landscape of possible threats is compiled. The optimal approach to the formation of information and economic security of personal and financial data, in particular, and banking activities in general, involves comprehensive protection measures both from the point of view of the individual user and from the position of representatives of the banking community and the regulator.

Resolution of the Expert Council on the problem of early diagnosis of Alzheimer's disease

Alzheimer's disease (AD) is the most common neurodegenerative disease and the most common cause of dementia. In daily practice, AD is often diagnosed late, while the early stages of the disease are overlooked or mistaken for cerebrovascular pathology. However, the efficacy of existing and newly developed (disease-modifying) AD therapies is the greatest in the early stages of the disease. An accurate diagnosis of AD is possible when biological markers of the main pathological process (cerebral amyloidosis, tauopathy) are detected using positron emission tomography or neurochemical examination of cerebrospinal fluid, which are gradually being introduced into practice in Russia. The experts discussed the clinical aspects of the use of biological markers, obtained in the leading specialized centers of our country for the diagnosis and treatment of cognitive impairment (CI). First and foremost, biomarker testing is indicated in patients with mild CI and mild dementia possibly associated with AD, so that disease-modifying (pathogenetic) therapy can be initiated as early as possible upon on its availability (currently, drugs for anti-amyloid disease-modifying therapy are not registered in the Russian Federation). Patients with a non-classical (non-amnestic) or atypical AD phenotype are another group of patients in whom it is also advisable to analyze biomarkers for differential diagnostic purposes.

Институт уполномоченных по правам человека в России: концептуальные основы и эволюция

The article examines the development of the institution of human rights commissioners in Russia. The author comes to the conclusion that Russian practice demonstrates the evolutionary development of the institution of human rights commissioners. This institution is a reflection of the federal structure of the state. The Human Rights Commissioner in the Russian Federation and the Human Rights Commissioners in the constituent entities of the Russian Federation are competently independent constitutional figures. Their interaction is carried out on the basis of coordination through various forms, which largely developed on the basis of practical activities and were subsequently enshrined in federal legislation. There is a clear tendency to expand the powers of Russian human rights defenders in all areas of their activities, and the «legal tools» of the commissioners are being strengthened. All this allows us to conclude that the institution of human rights commissioners has high authority and is in demand both at the state level and in the environment of civil relations.

Conflict of interest in the securities market

In the article examines the problem of applying the legal interpretation of the concept of “conflict of interest,” including as applicable to legal relations in the stock market. Such concepts as the fiduciary duties of a trustee, the controversial nature of the legal definition of a conflict of interest through the concept of personal interest are considered. The need for further development of the prudential regulation system and a more specific definition of the criteria for the fiduciary duties of the principal in the securities market are substantiated. The possibility of introducing into Russian practice the approach used in the common law system is analyzed. According to this approach, only proof of the fact of dishonest fulfillment of fiduciary duties, such as loyalty, due diligence and information duty can serve as a basis for prosecution in the event of a conflict of interest, but not the establishment of the fact of personal interest. In particular, from this point of view, the fundamental rule of the common law system applied in the stock market is considered — to fully rely on the information (i.e., a situation completely opposite to the approach that has developed in Russian law in relation to identifying conflicts of interest) provided by the broker to the client, and to expect, that he will perform his duties with all competence and due care. The author substantiates the greater effectiveness of the approach of establishing a presumption of conscientious fulfillment of fiduciary duties by a trustee and bringing to responsibility only if the contrary fact is proven.

Сравнительный анализ типов коллективного жилища в зависимости от социальных условий, наличия общих целей и продолжительности проживания

In Russian practice, there are examples of negative experiences with collective housing, such as communal apartments. However, given certain conditions and factors, collective housing can motivate creation and inspire experiments. The article examines three types of collective housing, varying in length of stay, presence or absence of common goals and values, voluntary or forced participation, size of personal space, and various financial capabilities. Communal apartments, corridor and block-type dormitories, and the organization of short-term festivals are considered as examples. A matrix of evaluation criteria has been formed for each type.

Non-financial reporting as an essential tool ensuring sustainable development and food security

Abstract The successful solution of food security problems largely depends on the joint efforts of participants in economic relations at the level of states, regions, and business entities. The results of food security policy management and the parameters of its further development should be reflected in non-financial reporting, which enterprises currently form on the basis of regulations of a recommendatory nature of various professional and public organizations. The generalization of the Russian and foreign practice of compiling non-financial reporting allowed us to substantiate the directions for improving the information support of enterprises in the field of environmental protection and the social sphere. The lack of uniform international standards for non-financial reporting is one of the main problems preventing the creation of comparable assessment information on the contribution of enterprises and States to solving environmental and social problems. A review of the survey results of various respondents regarding the importance of non-financial reporting and the convenience of its use by investors, regulatory agencies and other stakeholders showed the need to intensify work on the unification of ESG factor disclosure formats. The directions of development of the regulatory framework for non-financial reporting within the framework of the currently being developed industry-specific international standards for corporate non-financial reporting are proposed.

Мотивация выпускников медицинских университетов к поступлению в аспирантуру

The article is devoted to the analysis of motivational factors influencing the decision of graduates of medical universities to enroll in graduate school. Both internal and external incentives are considered: interest in scientific activity, desire for career growth, as well as support from the state and universities. The study compares Russian and foreign practice, paying attention to key aspects of government support, such as scholarships and grants. Special attention is paid to the problems faced by graduate students, including financial difficulties and the need to combine clinical practice with scientific activity.

SMArt Retro study: a retrospective data analysis of the Russian registry of patients with spinal muscular atrophy

Background. Existing registries of patients with spinal muscular atrophy (SMA) 5q serve as a valuable source of information on identified patients. Information on the characteristics of Russian patients with SMA 5q and the therapy administered in real clinical practice is currently limited.Aim. To describe a cohort of Russian patients with a confirmed diagnosis of SMA 5q and to evaluate patient routing data in real clinical practice settings in Russia.Materials and methods. The present study was a descriptive non-interventional retrospective cohort study in patients diagnosed with SMA 5q who were enrolled in the Russian patient registry between January 1, 2020 and March 31, 2023. Study participants who met the inclusion criteria were automatically identified in the integrated database of the SMA 5q patient registry. Data were uploaded into validated electronic charts, verified and analyzed using descriptive statistics methods. Results. As of March 31, 2023, the Russian SMA registry contained information on 1408 patients from all federal districts and obtained epidemiological, sociodemographic and clinical characteristics of patients, as well as routes to diagnosis and treatment regimens for patients. The median time from disease onset to confirmed diagnosis was 3 months in patients with SMA type 1, 9 months in patients with SMA type 2, 20 months in patients with SMA type 3 and 68 months in patients with SMA type 4. The median time from confirmed diagnosis to the start of disease-modifying therapy was 0.5 months in SMA patients identified by neonatal screening, 21 months in patients with SMA type 1, 59 months in patients with SMA type 2, 47 months in patients with SMA type 3 and 87 months in patients with SMA type 4.Conclusion. This retrospective analysis was carried out in order to identify recent approaches to the diagnosis and treatment of SMA used in real-world clinical practice in Russia. The identified parameters (duration from the disease onset to confirmed diagnosis, duration from the confirmed diagnosis to disease-modifying therapy initiation) indicate that more widespread use of newborn screening and more rapid treatment initiation are unmet needs for SMA patients in Russia.

The economic nature and process of formation of accounting estimates and accounting valuations

Subject. Amendments to IAS 8 and, as a result, the revision of the essence of the category Accounting Estimate necessitate the improvement of the Russian methodological framework based on the previous version of the International Standard. When conducting an audit in Russia in accordance with international standards, auditors analyze the category Accounting Estimate, the essence of which is described in IFRS. The article discusses the discrepancy between the essence of the category Accounting Estimate used in the Russian practices of accounting and auditing. Objectives. The article aims to study the essence of the category Accounting Estimate used in the Russian accounting practice, conduct a comparative analysis of the category under study and the category Accounting Estimate in the International Standards on Auditing (ISA) and Accounting Valuation in the International Financial Reporting Standards (IFRS). Methods. For the study, I used a systems analysis, the method of comparative research, structuring information, data grouping, deduction, and other methods. Results. The article clarifies the definitions of the categories Accounting Estimate and Accounting Valuation, distinguishes these categories, and proposes an interrelated categorical system that unites the concepts under consideration. In addition, the article presents the author-developed consolidated list of disclosures of information on accounting estimates and related accounting estimates in financial statements. Conclusions. The proposals made can increase the degree of harmonization of Russian and International Standards, unify Russian accounting and auditing practices in relation to accounting valuations and accounting estimates.

Realization of the right to education by children with migration history: russian practices and foreign experience

Realization of the right to education by children with migration history: russian practices and foreign experience

Directions for Improving the Laboratory Component in Secondary Prevention of Cervical Cancer

Relevance. Effective responses are required due to the high incidence of cervical cancer (Cc) throughout the World. RT-PCRbased HPV-testing is becoming more prominent in secondary prevention worldwide, replacing cytology. Russian practice still relies on cytology as the primary method mainly because there is a lack of comparative evaluation of the diagnostic characteristics of cytology and HPV-tests. Aim. Evaluation of diagnostic characteristics of laboratory methods and the relevance of extended HPV genotyping for secondary prevention of cervical cancer. Materials & methods. The study included data (liquid cytology, histology, HPV-test results) from a survey of 653 women (M = 33.55 years old, ME = 32.0 years old, IQR: 26-38 years old) infected with 14 HPV types (16, 18, 31, 33, 35, 39, 45, 45, 51, 52, 56, 58, 59, 66, 68), with presence or absence of intraepithelial neoplasia of varying severity. The study analyzed the correlation of cervical cytology - histology, clinical sensitivity for high-grade squamous intraepithelial lesions (HSIL+), the incidence and the role of 14 oncogenic HPV types in the development of cervical intraepithelial pathology, positive predictive value (PPV) and the diagnostic accuracy of the HPV-test. Results. The agreement between cytology and histology is 67.20%. Clinical sensitivity of cytology is 83.78% for HSIL+ and 94.34% for any other than NILM result. The structure of the HPV population varies depending on the degree of neoplasia, with a constant predominance of HPV16. The clinical sensitivity of the laboratory component rises to 99.5% by conducting HPV-test for at least 12 types of virus. HSIL is more commonly associated with viruses of alpha-9 phylogenetic group, than with alpha-7 and alpha-5/6. The positive predictive value for HSIL+ is reduced depending on the HPV type: 16>33>58>35>45>31>18>52>39>59>58>56>68>66. Conclusions. Clinical sensitivity of the HPV-test exceeds that of cytology, so that secondary prevention of cervical cancer can be effectively achieved through HPV testing. The introduction of an extended genotyping provides more complete information about the risk of having HSIL+. The data obtained will form the basis for the development of directions for improving the epidemiological surveillance information subsystem of HPVassociated cervical diseases

The choice of optimal therapy for ER+ HER2-metastatic breast cancer (PROMETHEUS): all-Russian analysis of physicians’ preferences – updated survey results

Cyclin-dependent kinase 4/6 inhibitors (iCDK4/6) are the generally accepted standard of care for the treatment of luminal HER2-negative metastatic breast cancer (ER+HER2- mBC). Data from randomized and observational studies have proven the high effectiveness of the combination of iCDK4/6 and endocrine therapy (ET) both in the 1st and in subsequent lines. The use of new drugs in real clinical practice is determined by a number of factors, including the awareness of doctors, their personal experience and subjective preferences, as well as financial support and availability in a particular region. To assess the frequency of prescription of CDK4/6, as well as other types of treatment in the 1st‑2nd line of therapy for ER+ HER2- mBC in real clinical practice in Russia, as well as to determine the factors and preferences of doctors influencing their choice, the National Association of Oncomammologists (NAOM) conducted a survey “Prometheus” of oncology specialists. From February 15 to August 30, 2023, a web survey of healthcare professionals who treat patients with mBC was conducted on the website anketolog.ru. An invitation to survey was sent out through the NAOM database, 112 questionnaires were received and processed. Earlier, in 2020, the “Prometheus” survey was conducted on the territory of the Russian Federation for a similar purpose. In this paper, we present the results of an updated and expanded survey and evaluate changes that have occurred over the past 3 years in actual clinical practice. The results of a 2023 survey conducted in the Russian Federation on the choice of early-line therapy for ER+HER2- mBC showed that, compared with the 2020 survey, the level of “trust” in iCDK4/6 has increased among practicing physicians, and the indications for their use have expanded, including visceral metastases (and even pending visceral crisis), the indications for prescribing chemotherapy in the 1st line have narrowed. When using monoET in the 1st line, the majority of respondents prescribe iCDK4/6 in the 2nd line. Obviously, the wider use of iCDK4/6 is associated not only with the accumulation of clinical knowledge and experience in the use of drugs, but also with improved drug supply. However, the main limitations to the use of iCDK4/6 are still insufficient funding and organizational difficulties. However, it should be noted that 1/5 of the respondents do not face any restrictions and widely prescribe combination therapy.

Alternative education in Russian megacities: a chance for a different school

Introduction. The relevance of the study is determined by the search for innovative ways to develop school education. The study of the history and current state of alternative education in the largest Russian cities plays a significant role in this search. Systematisation of private educational projects will help families to better orientate themselves in alternative education and avoid its destructive models. Materials and Methods. An analysis of scientific literature was conducted, and information from the websites of 665 private educational projects was collected and analyzed, including 322 from Moscow, 183 from Saint Petersburg, 57 from Yekaterinburg, and 51 each from Novosibirsk and Kazan. In-depth interviews with their leaders were conducted, focus groups with experts were held, and an analysis of federal state statistics was made. Research Results. The coverage of children by humanistic alternative education practices in Russia is less than 1%. However, over 10 years, there has been a noticeable growth in the number of educational projects outside the system. An analysis of Project websites showed that only 8% of them consider themselves to be alternative education. 43% of Projects have a license for primary educational activities. Most often, projects implement primary general education programs. 23% of projects claim to implement proprietary programs. A small number of projects are based on specific didactic systems, approaches and practices. The typology of Alternative Education Projects is made taking into account the role of the child in the formation and implementation of educational requests. The study identified three spaces of alternative education: projects supporting family education, projects with established didactic systems (program schools), and A-schools. There are destructive practices in alternative education. Conclusion. Alternative education in the large cities of Russia is diverse and includes both humanistic and other pedagogical practices, as well as a degree of uncertainty. The pedagogical practices of alternative education are difficult to typologize. This living organism continuously transforms, sensitively responding to the external environment.

Правовая природа компенсации за нарушение исключительного права

The article examines the legal nature of compensation, which is the most popular method of protecting an exclusive right in Russian judicial practice. As a result of a consistent analysis of each of the types of compensation for violation of an exclusive right it is concluded that compensation does not have a single legal nature. Compensation in a fixed amount and compensation in the form of double cost of the right of use are measures of civil liability and are restorative in nature with a moderately punitive beginning. Compensation in the form of double cost of counterfeit goods is of a mixed nature combining elements of an obligation from unjustified enrichment and responsibility.