Russian Legislation Research Articles

Криптовалюта как обязательственное право

Russian legislation has long known the definition of digital currency, but for now no consensus has been reached on its true civil nature, thus complicating the development of a comfortable legal environment for the blockchain industry. In the course of fundamental scientific research, the author has conducted a public scientific field-study involving top digital lawyers and technical experts in cryptocurrency, which allowed to consolidate the viewpoints within the professional community and to thoroughly examine the arguments presented by opponents of bitcoin’s qualification as a property right. As a result of the experiment, the main arguments against the recognition of cryptocurrencies as property rights have been disproven, providing for an opportunity to outline a comfortable legal framework for cryptocurrencies in continental legal systems

Ensuring safety on the water according to the Maritime Charter of 1720 and in accordance with the norms of modern Russian legislation

Ensuring safety on the water according to the Maritime Charter of 1720 and in accordance with the norms of modern Russian legislation

IMPROVING CRIMINAL LIABILITY FOR FINANCING TERRORISM

Terrorism is a complex and multifaceted illegal phenomenon that is actively developing in the modern world. The dynamic transformation of this phenomenon requires constant resource support. In the context of widespread informatization and digitalization, the achievements of modern science and technology, as well as the reorientation of the population to function remotely on the Internet, are actively used to attract the necessary resources for organizing terrorist activities. Despite the fact that the current Russian legislation has long defined the specifics of criminal liability for the financing of terrorism, in practice this illegal behavior is actively improving, which gives rise to problems of its qualification, taking into account the existing criminal law norms. The purpose of the presented study is to analyze the state of the institution of criminal liability for the financing of terrorism and to determine the priority areas for its improvement, taking into account modern realities. The author comes to the conclusion that the current criminal law norms in this area do not take into account the realities of financial and information legal relations, which gives rise not only to impunity of specific individuals, but also contributes to the further spread of terrorist financing. Proposals for independent criminalization of terrorist financing are formulated, qualifying features of this act are defined. Attention is focused on the fact that the improvement of criminal-legal measures to combat terrorist financing is of paramount importance, since the scope of legal consequences for the guilty persons directly depends on the criminalization of this activity, and the possibilities of preventive action are significantly expanded.

Проблемы законодательного регулирования объектов, созданных с использованием дипфейк-технологии в России и за рубежом

The article attempts to consider the issues of legal regulation and protection of new objects that arise in the process of developing creativity on the Internet. The authors examine the legal regulation of objects created using deepfake technology in Russia and abroad and substantiate why deepfake, under certain conditions, can be classified as such an object of copyright as a work. They consider the best practices in regulating deepfake technologies in various countries that have achieved the greatest success in legal regulation of deepfakes (USA, China and Singapore). The main conclusion of the article is the formulation of proposals for improving Russian legislation to regulate problematic issues associated with the creation of deepfakes.

О коллизии норм гражданского законодательства в части определения порядка управления автономной некоммерческой организацией

Introduction. The article is devoted to the comparative legal analysis of the civil legislation norms establishing the requirements to the management of an autonomous non-profit organisation, which allowed us to identify the conflict of certain provisions of the Civil Code of the Russian Federation and the Federal Law ‘On Non-Profit Organisations’. Resolving the identified contradictions requires amendments to the special legislation on non-profit organisations to bring it into line with the requirements of the Civil Code of the Russian Federation. The aim of the work is to propose improvements to the Russian legislation on non-profit organisations, in particular, determining the procedure for managing autonomous non-profit organisations. Methods. When writing the article, the author used the dialectical method of cognition, general scientific methods of cognition, namely, analysis and synthesis, as well as such specific scientific methods as comparative-legal, formal-logical and other methods. Results. Based on the study of the norms of the Civil Code of the Russian Federation and the Federal Law ‘On Non-Profit Organisations’, the measures to resolve the identified conflict regarding the definition of management of an autonomous non-profit organisation are proposed. Guided by the principle of priority of a codified normative act, the author proposes to exclude from the Federal Law ‘On Non-Profit Organisations’ the norms that contradict the Civil Code of the Russian Federation, which will make it possible to distinguish the competing norms of the above legal acts and preserve the norms concerning public legal aspects of the status of a non- profit society.

Содержание права на консульский доступ к иностранным гражданам, подвергнутым ограничению свободы на территории Российской Федерации

Consular access plays a significant role in ensuring the rights of foreign nationals deprived of their liberty in the Russian Federation. The analysis of international treaties of the Russian Federation and Russian legislation has revealed the existence of different approaches to the implementation of consular notification and consular access. Such approaches require unification within the framework of the current legislation.

The legal nature of crypto assets and its reflection in the civil and tax legislation of the Russian Federation

The article analyzes the legal nature of crypto assets in Russian legislation and the specifics of their taxation, focusing on the need to form a legal framework that promotes effective protection of the rights of participants in the turnover of crypto assets.The methodological basis of the research is the dialectical method, the formal logical method, the formal legal method and the method of interpretation of law.The lack of a unified terminology base in the field of digital economy in Russian legislation creates additional difficulties in creating comfortable conditions for the development of the crypto asset market. Currently used various terms such as “virtual assets”, “digital assets”, “crypto assets”, “cryptocurrency” are not fixed in the current legislation. At the same time, the terms existing in Russian legislation do not allow for effective regulation in the field of taxation and civil turnover, since they intentionally exclude the most common crypto assets from their scope. Without clear and unambiguous legal regulation, it is difficult to ensure proper control and taxation of transactions with crypto assets, which can lead to significant tax losses and a decrease in budget revenues.Moreover, the concept of “digital currency” used in Russian legislation does not correspond to the generally accepted meaning in international practice and is mainly considered in an economic context, rather than in a legal one. Such a discrepancy in terminology creates additional difficulties for participants in the cryptocurrency market and creates obstacles to the formation of an effective legal framework for the regulation of the digital economy. According to the results of the study, it was concluded that the current approaches to the development of the terminological apparatus of the regulation of crypto assets have flaws, since they allow for a mixture of concepts and do not imply the formation of a clear hierarchy. The definition of “the digital asset” is proposed for the purpose of filling existing terminological gaps in the current legislation.

Определение уголовно-процессуальной правосубъектности несовершеннолетних: постановка проблемы

The article presents research findings on a critical issue regarding the protection of the rights and legitimate interests of minors involved in criminal proceedings, focusing on the challenges related to their criminally-remedial legal personality, its theoretical definition, and legislative regulation. Also, the article provides an analysis and comparison of the concept of “legal personality” in Russian criminal and sectoral legislation. The author examines various scholarly perspectives on the definition of the criminally-remedial legal personality of minors in criminal proceedings. Legal provisions that guarantee the protection of minors’ rights and legitimate interests are reviewed, along with an analysis of their practical implementation. In conclusion, the article identi-fies issues within Russian legislation that require more detailed study and offers potential solutions to the out-lined problems based on the materials discussed.

On improving the procedure for interaction of the High Commissioner for Human Rights in the Russian Federation and public authorities

An analysis of the experience of ombudsmen in foreign countries will identify the most effective methods and approaches in protecting the rights and freedoms of citizens, as well as the problems and difficulties faced by these institutions. It is important to note that the functions and powers of an ombudsman may vary significantly from country to country. The work provides an analysis of Russian legislation regulating the constitutional and legal status of The High Commissioner for Human Rights in the Russian Federation, and taking into account the experience of normative regulation of the constitutional and legal status of the Ombudsman abroad, the authors put forward proposals for improving the procedure for interaction between The High Commissioner for Human Rights in the Russian Federation and public authorities. The study and analysis of foreign experience will make it possible to develop recommendations for improving the work of The High Commissioner for Human Rights in the Russian Federation and take into account international standards in the field of protection of human rights and freedoms.The work provides an analysis of Russian legislation regulating the constitutional and legal status of The High Commissioner for Human Rights in the Russian Federation, and taking into account the experience of normative regulation of the constitutional and legal status of the Ombudsman abroad, the authors put forward proposals for improving the procedure for interaction between The High Commissioner for Human Rights in the Russian Federation and public authorities.We will consider these issues using general scientific methods, such as analysis, synthesis, deduction, induction, analogy, comparison, abstraction. In addition, the scientific article used specific historical, systemic-structural, functional, comparative legal, formal legal research methods, predetermined by the characteristics of the object and subject of scientific research, its purpose and objectives.Until now, not enough attention has been paid to analyzing the possibility of giving a mandatory character to the institution of The High Commissioner for Human Rights in the Russian Federation. This means that its decisions and recommendations must be binding on other government bodies. This, in turn, can significantly increase the efficiency of this institution and improve the situation with the protection of human rights in the Russian Federation.

РЕЦЕНЗИЯ НА УЧЕБНИК «УГОЛОВНО-ИСПОЛНИТЕЛЬНОЕ ПРАВО УЗБЕКИСТАНА И РОССИИ. ОБЩАЯ И ОСОБЕННАЯ ЧАСТИ» ПОД РЕДАКЦИЕЙ Н. С. САЛАЕВА, А. П. СКИБЫ

The review of the textbook on penal enforcement law of Uzbekistan and Russia indicates a number of positive conclusions emphasizing its relevance, theoretical and practical significance, set out by the author’s team (H. M. Abzalovoj, T. P. Butenko, I. A. Davydovoj, I. A. Efremovoj, Ju. A. Kashuboj, I. N. Korobovoj, N. S. Maloletkinoj, N. S. Salaevym, A. N. Sirjakovym, A. P. Skiboj, P. V. Tepljashinym, etc.). A way to improve its content is highlighted by further studying the shortcomings of the penal enforcement and other legislation of Russia and Uzbekistan. The reviewer states that the textbook reveals numerous theoretical and applied issues (regarding the specifics of the use of basic means of correction of convicts, the execution of various punishments, the implementation of types of early release from serving a sentence, etc.), is an actual work intended for researchers, teachers, employees of institutions and bodies executing punishments, and other government agencies, members of the public, adjuncts, graduate students, cadets and students of educational organizations, worthy of being published.

Correlation between the Methods of Legal Regulation in the Political Party Legislation of Russia

The legal methods for regulating political party relations in Russia were analyzed using formal logical, systematic, institutional, and hermeneutic approaches. The Russian constitutional law employs the mixed method, which underpins the constitutionalization of political parties. In contrast, the prevailing imperative method emphasizes the administrative and legal foundations of the standards that define the rights and obligations of political parties. In turn, the interplay of the imperative and mixed methods in the Russian political party law has resulted in covert obligations for political parties, which are also their subjective rights. However, not all rights of political parties align with the concept of subjective rights as developed in constitutional and legal doctrine. The results obtained suggest that the current constitutional legislation in Russia is abstract, impeding a clear understanding of the rights and obligations of political parties. By exploring the doctrinal approaches, the strategies for recognizing the methods of legal regulation were singled out, depending on the interests protected by the analyzed legal standards. Thus, the specific methods of private and public law were identified, which, with the institution of political parties as an example, explain the complex nature of most legal standards. Taken together, these standards outline a complex variety of legal means to influence political party relations. Therefore, being crosssectoral, the political party standards facilitate the resolution of conflicts in law enforcement that arise in constitutional, party, electoral, and administrative legislation.

ПОСТАНОВЛЕНИЕ МИНИСТЕРСТВА ЮСТИЦИИ КИТАЙСКОЙ НАРОДНОЙ РЕСПУБЛИКИ ОТ 2 МАРТА 2004 ГОДА № 88 «КОДЕКС ПОВЕДЕНИЯ ЛИЦ, ОТБЫВАЮЩИХ НАКАЗАНИЕ В ТЮРЬМАХ»: АВТОРСКИЙ ПЕРЕВОД И КРАТКИЙ СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАКОНОДАТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ

The article contains the text of the author’s translation of the Decree of the Ministry of Justice of the People’s Republic of China dated March 2, 2004 No. 88 «Code of Conduct for Persons serving sentences in Prisons». As part of a brief comparative analysis with Russian legislation, a number of additional duties of convicts under Chinese law are highlighted: to inform the doctor about their illness, to observe discipline and not to violate the treatment regime; to receive psychological help and undergo psychological tests; to repent of the crime committed; not to spread methods of committing crimes; etc.

The Institution of Compensation for Harm Caused by the Russian Federal Bailiff Service

The primary task of enforcement proceedings in civil cases is to ensure that court decisions are executed appropriately. Much of the responsibility to timely and effectively enforce court decisions falls on bailiffs. However, their behavior is not always legal. This article discusses the important issues of compensating for harm caused by the Russian Federal Bailiff Service. The legal regulations that apply to a bailiff’s actions or inactions were analyzed. The real legal cases were considered. The statistical data from the Judicial Department at the Supreme Court of the Russian Federation were summarized. Based on the results obtained, the procedural aspects of handling such cases in both general jurisdiction and arbitration courts were identified. Finally, the emphasis was placed on predicting the development of Russian legislation and procedures in compensation for harm caused by the public authorities, including the Russian Federal Bailiff Service. The enduring relevance of the studied issues for further advancement of legal science and practice was highlighted.

Human Health as a Constitutional Value in Priority Areas of the State Policy

The health and well-being of the population are two core values that underpin the Russian state policy. With digitizing healthcare, a growing interest has been witnessed in the constitutional value of health, as well as the right to healthcare and medical assistance. This focus is essential for the development of the Russian healthcare legislation and state policy strategies. Here, the normative content of the right to healthcare was explored from historical and current perspectives. The study used both standard (analysis and synthesis) and some specific (historical, statistical, logical and comparative legal) methods. The analysis was based on the constitutional provisions of the Soviet era and the Constitution of 1993; the laws and regulations of the federal Russia that concern healthcare and define the priority areas of the Russian state policy; and the legal interpretations from the Constitutional Court of the Russian Federation and general jurisdiction courts. Particular attention was given to the role of health in different areas of life, such as the economy, society, environment, science, and technology. The retrospective research on the constitutional regulation of the social value of health during the Soviet era was performed. The normative content of this value and its components in the current Russian legislation was identified. Guarantees for the right to healthcare and medical assistance in the priority areas of the Russian state policy were considered. Recommendations to improve these established guarantees were designed.

Instructions of the President of the Russian Federation as incentives for improving administrative legislation

The article examines the history, essence and legal nature of the instructions of the President of the Russian Federation, raises issues of responsibility for their non-fulfillment. Using the example of administrative legislation, it is shown that presidential instructions are a powerful incentive to improve Russian legislation. The authors conclude that since the establishment of the constitutionality of the instructions, they have begun to play a leading role as vectors of the development of the state. In the context of international sanctions, new threats and challenges, including socio-economic ones, facing the Russian Federation, the instructions of the President of the Russian Federation are an effective way to respond promptly to the changing situation in the field of public administration. In this regard, their legal nature, the range of addressees, and issues of liability for non-performance or improper performance need clearer legal regulation.

Современное состояние и тенденции развития международного деликтного права

The purpose of this article is to examine current state and main trends in the development of international tort law as a part of private international law. It is argued that Russian legislation on private international law generally takes into account modern trends in the development of legal regulation of torts obligations in foreign States and, to a certain extent, can serve as a starting point for the development of model legislation of the Commonwealth of Independent States.

Особенности наследования детьми, зачатыми и рожденными в результате реализации посмертных репродуктивных программ

The practical application of posthumous reproductive programs, in which the conception and birth of a child (children) occurs after the death of the parents or one of them, has led to the possibility of new potential heirs appearing some time after the death of the testator (potential parent or potential parents). In this article, the author examines the legal status of "postmortem" children, both in domestic and foreign inheritance law. Based on the analysis of the norms of current domestic and foreign legislation, the author concludes that it is necessary to improve the current Russian legislation in the field of inheritance rights in the implementation of posthumous reproduction.

ГОСУДАРСТВЕННОЕ РЕГУЛИРОВАНИЕ АРХИВНОГО ХРАНЕНИЯ ЭЛЕКТРОННЫХ ДОКУМЕНТОВ

The practice of using electronic document management in Russia, an electronic document and its storage of the document in an electronic archive is considered. The current state of electronic signature and ways of its development are presented. An assessment is made of the state project for the mutual recognition of qualified electronic signatures in cross-border transactions. Aspects of the use of electronic document management systems and electronic archive systems are revealed, taking into account their institutionalization, the stages of the formation of electronic signatures and electronic document management are formalized. The current requirements of Russian legislation regarding the regulation of electronic archives are considered. The practice of applying Order 77 of the Federal Archive, which covered not only the sphere of public administration, but also the sphere of commercial organizations, is analyzed. As an example of automation of archival storage of electronic documents, the Russian information system 1C:Archive is considered.

Проблемы правовой квалификации договора перевозок грузового такси

In Russian legislation, only the term “passenger taxi” is used, while the concept of “freight taxi” is absent. Meanwhile, in practice, cargo taxi services are offered everywhere. What is the legal qualification of an agreement aimed at providing such services? The article makes an attempt to highlight this and other problems associated with the contract for the carriage of a passenger taxi and its place in the system of transport contracts.

Bibliographic Culture as a Factor of Security of Trusted Public Internet

The article deals with the problem of security of search in modern public computer-network resources of reliable, complete sources, their qualitative bibliographic description. The relevance is due to the “digital transformation”, the rapid spread of computer-network technologies since the 2010s to all sectors, as well as everyday life; a sharp and significant increase in the number and variety of electronic databases (libraries); turning the majority of humanity into daily active users. Objective international and national diseases of growth of standardization, streamlining, structuring of databases, development of indexing systems and search public network services, means of verification of electronic documents have manifested themselves.Since 2014 and even later from 2022, the problem was exacerbated by the reduction of international cooperation in computer-network technologies, anti-Russian sanctions of unfriendly countries, violation of Russian legislation by global digital corporations, leapfrogging strengthening of cybercrime and information confrontation in the Internet. The possibilities of attackers who, by exploiting vulnerabilities, reduced the access of mass users to reliable electronic documents in cross-border Internet communications increased. The opportunities caused by the relativistic understanding of truth, fabrication and broadcasting of falsified information, fake news, disinformation, use of new means of “social engineering” (fraud, manipulation of consciousness) that threaten citizens and national interests of Russia have increased.The novelty of the study lies in the integrated application of theoretical and cultural gnoseology (culture of cognition) and methodology of information security (countering deliberate attempts to mislead). The comparative analysis revealed significant differences between Russian state electronic libraries, document management systems, registers and services and non-state, as well as foreign public Internet resources and services. The result of the study is the conclusion about the importance of the prevalence of essential interests of mass users of Russian public libraries and electronic services. Recommendations on the preferability of applying this experience in the creation and modernization of Russian public non-state digital databases, libraries, services, as well as the development of standardization on its basis are formulated.