№ 4 (169) / 2026

INTERNATIONAL LAW

Ispolinov A. (Moscow) Imperial discourse in international law

United States plays the role of an empire, and the 20s of the XXI century are perceived as a time of the decline of this empire and the growth of the influence of states that challenge this unipolarity. Modern international law can be viewed as a modern analogue of jus gentium, that is as a set of norms that were largely influenced by the United States to regulate relations between other states, but not for the United States, which ultimately remains outside of these norms and believes that they stand above them. In a situation where the empire’s authority is being challenged by other states (in our case states supporting the creation of a multipolar world), any empire will be forced to resort to open military intervention in order to instill fear and demonstrate its strength. To achieve this, the United States are taking desperate measures to mitigate the limitations of international law in the realm of the use of force, where these legal constraints present the challenge to the empire’s survival, which is mistakenly perceived as a crisis in international law as a whole. In this regard the strategic goal of the states that currently challenge the unipolar world should be minimization or elimination of risks of potential vacuum of imperial power and dismantle the empire without armed conflicts or a return to the Dark Ages.

Key words: empire, international law, multipolar world, jus gentium, crisis

Shcheglov A. (Tyumen) The сoncept of «refugee» in European Union law as an autonomous legal construct

The article examines how the concept of «refugee» in European Union law relates to the definition established in the 1951 Convention Relating to the Status of Refugees. It is shown that, while retaining its formal connection to the Convention, the concept acquires its own content within the EU legal order. This transformation is evident in the qualification legislation of the European Union and, in particular, in the case law of the Court of Justice of the European Union, which elaborates the key elements of refugee status through the objectives, principles and values of EU law itself. Special attention is paid to the recognition of membership in a «particular social group», the relevance of family ties to a persecuted person, exclusion from refugee status and cessation of international protection. The article argues that the concept of «refugee» in EU law should be understood as a limitedly autonomous legal construct: autonomous in its method of interpretation and application, yet not detached from its international law foundation. The limits of this autonomy are set by the 1951 Convention, the principle of non-refoulement, the Charter of Fundamental Rights of the European Union and other international obligations of member states. The conclusion is that the autonomisation of the concept of «refugee» represents one manifestation of the development of EU law as an independent, though not self-contained, legal order.

Key words: refugee, European Union, Court of Justice of the European Union, 1951 Refugee Convention, principle of non-refoulement, asylum

PUBLIC ISSUES AND POLITICAL SCIENCE

Lazutin L. (Yekaterinburg) The crisis of the community of democratic states and international law

This article examines the contemporary geopolitical situation. It addresses the global spread of the so-called «American-style democracy» and the efforts of the United States of America to maintain its global leadership without due regard for the principles and norms of international law. The collapse of the «unipolar» system has necessitated a reconsideration of a number of fundamental provisions of contemporary international law. The aspiration of many states toward a multipolar world is impossible without a thorough legal substantiation, as well as the development and consolidation of new principles governing interstate interaction under new historical conditions. The aggression of the United States and Israel against Iran (February 2026), as well as earlier developments such as regime change in Venezuela and territorial claims (Greenland, Canada), have prompted a legal reassessment of the content of generally recognized principles and norms of international law and of the functioning of several branches of international law, including the law of international security, international humanitarian law, law of the sea and others.

Key words: democracy, coercive democracy, «unipolar world», aggression, ecosystem, specification, principles and norms of international law, collective security, regional security system

COMPARATIVE JURISPRUDENCE

Sihayeva T. (Minsk, Belarus) Claim procedure in the transport legislation of Belarus in the aspect of voluntariness

The article is devoted to identifying the features of claim procedures established by the transport legislation of the Republic of Belarus from the point of view of voluntariness as a principle of conciliation procedures. In the aspect of theories of will and expression of will the author supports the idea of the voluntariness of the claim procedure as a mutual expression of will to participate in it for the purpose of settling a legal conflict, provided that each party has the legal opportunity to refuse such participation; of the absence of such an opportunity to refuse as a criterion for a mandatory claim procedure established by law. It is noted that depending on the legal basis for the emergence of disputes, the object of transportation and the type of transport the claim procedure for dispute resolution in terms of voluntariness varies. The mandatory nature of the claim procedure for resolving disputes arising from cargo transportation on all types of transport is substantiated. The limited voluntary legal nature of this form of dispute resolution arising in the field of transport forwarding is supported. The mandatory nature of the claim procedure for resolving disputes arising from passenger and baggage transportation on inland waterway, road, railway, sea, urban electric transport and metro is motivated. Problems existing in the legislation regulating the out-of-court procedure for resolving legal conflicts in transport are identified, suggestions are made that, in the author’s opinion, it is advisable to take into account in the potential reform of transport legislation.

Key words: claim procedure, claim, disputes, transportation, conciliation procedures

CONSTITUTIONAL LAW AND PROCEDURE

Rakhmeeva I., Babich M. (Yekaterinburg) Development of municipal regulatory policy in the concept of a unified system of public authority

New Federal Law No. 33-FZ of March 20, 2025 «On the General Principles of Local Self-Government Organization in a Unified System of Public Authority» marked another important stage in the development of regulatory policy at the municipal level. Its implementation sparked a number of discussions and questions related to changes in the territorial organization of local self-government and the existing approach to implementing municipal regulatory policy. The relevance of this study stems from the need for a scientific understanding of the impact of the new law on the legal regulation of regulatory instruments in municipalities. The purpose of this study is to analyze the provisions of regional laws for compliance with the provisions of Federal Law No. 33-FZ, which govern the implementation of regulatory policy at the local level. To achieve this goal the following objectives were set: identifying the main areas of change in regional legislation, analyzing the level of activity of Russian Federation constituent entities in amending regional laws and assessing the impact of such changes on local government. The study’s source material includes federal laws and laws from 83 constituent entities of the Russian Federation included in the 2025 Regulatory Policy Quality Ranking. The criteria for the comparative legal analysis of laws from constituent entities of the Russian Federation are based on the provisions of Federal Law No. 33-FZ. The study revealed that the key changes to regional legislation included updating the lists of municipal subject to regulatory impact assessments, changing the scope of such assessments and abolishing the review of existing municipal regulations. Regions with «good» and «average» levels of regulatory policy development tended to be the most active in implementing changes to federal legislation, while the regions with the «highest» levels of regulatory policy development demonstrated lower activity. A conclusion is drawn regarding a trend toward simplification and narrowing of regulatory procedures at the local level.

Key words: municipal legal act, regulatory impact assessment, assessment of the application of mandatory requirements, ex-post assessment, actual impact assessment, mandatory requirements, regulatory policy quality rating

Andreev A. (Yekaterinburg) Technological security and institutional guarantees of the reliability of will expression in electronic voting: legal aspects of verification, independent audit and public control

The article examines the legal aspects of ensuring technological security and institutional guarantees of the reliability of will expression in remote electronic voting in the Russian Federation. The study reveals that legal regulation of technological security of remote electronic voting is characterized by framework nature and predominantly sub-legislative level of detail. The institute of verification of will expression has not received adequate legal consolidation. Independent audit of information systems is not a mandatory element of the electoral process. Public control faces the problem of technological singularity – the inaccessibility of information system processes for direct human perception. The findings indicate the need to improve Federal Law No. 67-FZ by including provisions on technological security, verification of results, independent audit and public control. It is proposed to develop a federal security standard for electronic voting systems and educational programs to enhance the technical competence of observers.

Key words: remote electronic voting, technological security, verification of will expression, independent audit, public control, electoral law, cryptography, blockchain, information systems, electoral process, legality, transparency, data protection, digitalization, public observation

CRIMINAL LAW AND PROCEDURE

Kazantseva O. (Yekaterinburg) Criminal law qualification of the creation and circulation of pornographic materials involving minors using generative models: the problem of the existence of a victim in the context of advancing artificial intelligence technologies

The article analyzes current criminal law issues arising from the development of artificial intelligence technologies, particularly in the creation of artificially generated (synthetic) pornographic materials involving minors using AI. The author examines the question of whether a victim is a necessary (element-defining) component of the offense under Art. 242.1 of the Criminal Code of the Russian Federation, which traditionally assumes the actual participation of a minor in the production of pornographic content, except when an adult portrays a minor. In cases where pornographic materials are created by artificial intelligence or using this technology and do not depict real individuals a scientific and practical debate arises regarding who should be considered the victim of the crime and how to classify such acts in the absence of a victim. Particular attention is paid to the advisability of introducing either a separate article in the Criminal Code or an aggravating circumstance for crimes committed using generative models. The author concludes that there is no need for either a new article or an aggravated offense, as actions involving the creation of synthetic pornographic materials are already encompassed by the concept of «production» under Art. 242.1 of the Criminal Code, and the use of AI and deepfakes alone does not constitute a qualitatively different level of public danger requiring heightened criminal liability. At the same time the author emphasizes the necessity of rethinking the role of the victim as an element of the crime to prevent legal gaps and ensure effective protection of public interests in the digital environment.

Key words: artificial intelligence, deepfakes, criminal liability, victim

Mikhaylova D. (Kaliningrad) Cyberbullying and cyberstalking as ways to involve minors in crimes

The article presents the results of a study of the phenomenon of cyberbullying and cyberstalking as tools for involving minors in criminal activity. The relevance of the research topic is due to the prevalence of these forms of victimization of minors, the destructive effect on their psyche, which creates prerequisites for the criminalization of adolescent behavior. The purpose of the study was a comprehensive analysis of cyberbullying and cyberstalking as criminogenic factors, including their target orientation, methods of implementation, duration of implementation, as well as related characteristics of emerging risks of involving adolescents in criminal activities. The study of these phenomena uses a systematic approach that combines a psychological and criminological analysis of manipulation mechanisms, a classification of digital victimization methods and typical criminal scenarios for involving minors in crimes through the use of the studied methods of influence. In the course of the research the conceptual framework and theoretical foundations of these phenomena are revealed, the existing risks and mechanisms of involving minors in crimes with their help are analyzed, the problems of legal regulation are identified and a model for countering the digital victimization of minors is proposed, combining classifications of manipulative techniques with specific preventive mechanisms for protecting adolescents in the online space.

Key words: cyberbullying, cyberstalking, juvenile delinquency, involvement in crimes, victimization, crime prevention

Maslennikova E. (Moscow) Implementation of the right to trial a criminal case by jury by accused

The article is dedicated to the problem of the accused implementing the right to trial a criminal case by jury. It is proposed to consider this right in a narrow and broad sense. In the narrow sense it is an opportunity for the accused to be tried by jury and in the broad sense, it consists of three components: the right to information, the right to choose a jury trial and the right to directly consider the case by a jury. There are three situations when the implementation of the right by one of the accused affects the interests of others. The first situation is when the decision to choose such a form of justice is not supported by all the accused (in group cases). The second situation is the inability of the jury to consider cases based on excluded crimes from its authority. Analysis of ambiguity of exclusion of terrorist-related cases from the authority of a jury trial is carried out. Attention is focused on the balance of public and private interests in relation to the process of implementing the right of the accused to a jury trial. The third situation is the proceedings against adult and juvenile accused in the same trial with different opinions regarding the consideration of the case by a jury. The question is raised about the relationship between the implementation of the right to trial by jury and waiver of the right. The article examines the consequences of the silence of the accused when it is possible to choose a more complicated form of justice. The author analyzes the options for the accused’s response to investigator’s activity that makes obstacles to implement the right to trial by jury. It is concluded that there are two stages in the process of implementing the right to trial by jury. The first stage includes the application by the accused to be tried by jury. The second stage is when accused faces a jury trial to resolve his case.

Key words: implementation of the right, the right to trial by jury, limitation of the rights of the accused, balance of public and private interests, waiver of implementation of the right

Tarasov A. (Moscow) «Accomplices of evil»: problems of qualification of assistance to terrorism

This article analyzes the challenges of classifying aiding terrorist activity that arise when applying Art. 205.1 of the Criminal Code of the Russian Federation. It is shown that Art. 205.1 of the Criminal Code of the Russian Federation occupies an intermediate position between terrorist offenses aimed at direct violent assault and the institution of complicity enshrined in the General Part of the Criminal Code. It substantiates the conclusion that the use of the general category of «terrorist activity» and the inclusion of aiding and abetting in a specific norm are key sources of regulatory uncertainty. The article formulates proposals for adjusting the legislative structure aimed at increasing the formal certainty of the criminal-legal prohibition and restoring systemic consistency without abandoning the preventive focus of anti-terrorism criminal legislation.

Key words: terrorism, assistance to terrorist activities, qualification of crimes, complicity, criminal law certainty

Chistova L. (Moscow) Preparation for a crime in the sphere of illicit drug trafficking: a stage of development or an unfinished crime?

This article substantiates the position that preparation for a drug trafficking crime should not be considered a stage in the development of a criminal act, but rather an independent form of an unfinished crime, possessing its own criminal-legal nature. A systematic analysis of Art. 29 and 30 of the Criminal Code of the Russian Federation allows the author to assert that preparation is not a stage en route to a completed crime, but an act interrupted due to circumstances beyond the control of the perpetrator, which excludes its confusion with an attempted or completed crime. The purpose of this study is to demonstrate the significance of a criminal-legal assessment of preparation for the investigation of criminal cases related to drug trafficking, as well as to reveal its forensic significance for improving the effectiveness of investigations of such crimes. It is concluded that the category of «stage» retains retrospective and forensic significance for the analysis of a completed act, while preparation has its own criminal-legal nature and is not a stage en route to a completed crime. These theoretical principles are examined in relation to the investigation of crimes of this category, where recognizing preparation as a form of unfinished crime is essential for the timely suppression of illegal activity and the mitigation of the high public danger posed by such acts. This work contributes to the clarification of the conceptual framework of criminal law and forensic science.

Key words: stages of crime development, preparation for a crime, unfinished crime, drug trafficking, legislative regulation, social danger

CIVIL LAW AND PROCEDURE

Ebergardt S. (Moscow) Smart contract in the context of the concept of a machine-executable transaction

The article examines the legal nature of a smart contract through its relationship with the broader category of a machine-executable transaction. It is shown that in contemporary legal literature the term «smart contract» is used in different meanings – as a contract, as a program code, as a means of recording the terms of an agreement and as a mechanism for the automated performance of an obligation. This leads to a conflation of the legal basis of the obligation, the form in which its terms are expressed, and the technical mode of its implementation. The purpose of the study is to determine the place of the smart contract within the system of civil law structures connected with the automated performance of obligations and to demonstrate that it does not encompass the entire range of such structures. The article analyzes the provisions of the Civil Code of the Russian Federation on transactions and contracts, as well as the rule governing the automated performance of obligations through the use of information technologies. On the basis of doctrinal sources, comparative foreign approaches and judicial practice the author substantiates that the smart contract occupies a subordinate position in relation to the machine-executable transaction and should be regarded not as a universal legal structure, but as one of the technological forms of implementing automated performance. Particular attention is given to the practical significance of this distinction. It is shown that such a distinction makes it possible to address more precisely issues of legal classification, interpretation, proof, choice of remedies and the assessment of discrepancies between the content of an obligation and the result of its automated performance.

Key words: smart contract, machine-executable transaction, blockchain, automated performance of obligations

Stepanchenko A. (Yekaterinburg) On the issue of when to start charging protective interest on a claim for damages for tort

In this article the author draws attention to the problem of the relationship between judicial practice and doctrine. A striking example demonstrating the difference between academic and practical approaches is the question of when interest begins to accrue under Art. 395 of the Civil Code of the Russian Federation in contractual and tort obligations. As a result of a systematic interpretation of the provisions of the Civil Code of the Russian Federation and the explanations of the Plenum of the Supreme Court of the Russian Federation the author concludes that the approach established in judicial practice regarding the commencement of the accrual of protective interest on the amount of tort losses from the date of entry into force of the court decision satisfying the victim’s claim for compensation for losses caused contradicts classical doctrinal views and does not comply with Art. 395 of the Civil Code of the Russian Federation. As a result of analyzing judicial practice and the positions of scholars the author concludes that the most balanced solution to the problem would be to accrue interest from the moment the damage was caused, given that this fact is one of the key factors in the consideration of any tort dispute and is subject to proof in adversarial proceedings.

Key words: tort, damages, compensation for harm, interest, judicial practice

Simagin A. (Nizhny Novgorod) On the relationship between the identity of civil proceedings and related legal categories

This article, drawing on a developed methodological framework and a formulated definition of the concept of «identity of civil proceedings», compares it with related legal categories. Specifically, the identity of civil proceedings is correlated with the legal categories of «authenticity», «originality», «sameness», «adequacy» and «continuity». Based on an etymological analysis, doctrinal approaches and case law it is summarized that the «identity of civil proceedings» conceptually correlates with the legal concepts of «authenticity» as an ideal (genuine) goal of achieving the essence of its content, «originality» as a property of a unique order and «identification» as a formal-logical property of evaluation. In the relationship between «identity » and «adequacy» of civil proceedings it is established that these legal categories are dialectically interconnected but not identical to one another. It is stated that while identity represents the ontological foundation of the civil procedural system, ensuring its continuity, distinctiveness and recognizability, adequacy is a functional characteristic reflecting the suitability of this civil procedural system for achieving the goals of justice. In examining the relationship between identity and continuity in civil proceedings it is concluded that these categories are not identical concepts. Identity defines the substantive boundaries of the evolution of civil proceedings, while continuity determines the means of preserving this evolutionary development.

Key words: civil proceedings, civil procedural law, identity, authenticity, distinctiveness, sameness, adequacy, continuity

Nechaev A. (Yekaterinburg) Changing the remedies in anti-sanction disputes

This article defines the terms «anti-sanction disputes» and «preventable proceedings» and examines several examples that arise or may arise in law enforcement practice when changing the remedies in such disputes changing the grounds or subject matter of the claim, abandoning the claim and their legal consequences. The author also examines the hypothetical situation of sanctions being lifted as grounds for lifting the anti-suit injunction applied by the court under Art. 248.2 of the Arbitration Procedure Code of the Russian Federation.

Key words: anti-sanction disputes, preventable proceedings, claim modification, lifting of sanctions, anti-suit injunction, exclusive jurisdiction

LABOUR AND SOCIAL LAW

Batusova E. (Moscow) New problems in the legal regulation of platform employment

The development of the platform economy in Russia is associated with problems, in particular, the lack of social guarantees for platform employees. Russia has adopted a platform economy law to solve this issue. Its provisions do not fully address the issues of guarantees for platform employees, establishing individual contractual regulation as the basis for cooperation and not fixing minimum labour standards, that would not solve the analyzed practical problems. The International Labour Organization in its Convention on Decent Work in the Platform Economy adopted on June 12, 2026 takes a different approach: decent work for platform workers and employees under similar working conditions, which means the introduction of minimum social guarantees. An analysis of foreign countries experience shows the relevance of collective bargaining regulation to improve the legal status of platform employees. Given the need to ensure the growth of Russia’s economy on the one hand and the protection of the health of employees on the other it is necessary to amend the legislation to enshrine the right of platform employees to join trade unions, to cover them with collective bargaining regulations, to establish mandatory minimum labour standards in line with labour legislation and to adopt a model contract with platform employees, which would simplify law enforcement. This would ensure the implementation of the concept of a social state and the principle of respect for the human labour of platform employees, including the provision of decent working conditions.

Key words: platform employees, social guarantees, the right to association, trade union, decent work in the platform economy, ILO convention on Decent Work in the Platform Economy

Chashtanova D. (Novosibirsk) Problems and prospects of implementation of collective labour rights by platform workers

The article examines the problems and prospects of the implementation of collective labour rights by platform workers. The necessity of a broad interpretation of the right to association is substantiated. It is established that platform workers have the right to form trade unions and other public associations. At the same time it is noted that platform workers are not a party to social partnership, therefore they do not have the right to collective bargaining and other rights related to legal participation in social partnership procedures. The domestic and foreign doctrine in the field under consideration is analyzed. It is proposed to use an alternative collective representation of platform workers, regardless of their employment status. It is indicated that its main purpose is to protect against the negative effects of algorithmic management. The key elements of alternative collective representation are highlighted, which include such forms of social partnership as providing the platform with information about the automated monitoring and decision-making systems used and conducting mutual consultations on assessing the impact of individual decisions made or supported by the platform. It is concluded that the right to information and consultations on the implementation of algorithmic management by the platform should be included in the legally established list of rights of implementing partners.

Key words: social partnership in the industrial relations, platform workers, collective labour rights, the right to association, the right to collective bargaining, trade unions

MUSEUM OF SLI – USLA – USLU HISTORY

Kalinina A. (Yekaterinburg) Soviet criminal law policy in the 1917 – 1930s: main features and impact on the training of legal personnel

The article analyzes scientific positions regarding the concept of «criminal law (criminal) policy». The key features of the formation and development of the Soviet criminal law (criminal) policy are shown, its specific features and content are highlighted. Special attention is paid to the discussion that took place in the 1917 – 1930s among representatives of the scientific community and government officials around the content and objectives of Soviet criminal policy. Criminal law policy is considered by the author in the context of the development of the theoretical foundations of law in the Soviet period. Attention is focused on the problems of changing the state and law after the revolution. The article points out that criminal policy was of key importance in the Soviet state for the protection of the state and social order. The article reflects the relationship between the transformation of Soviet legal education and the development of criminal policy. In the young Soviet state during the period under review there was an active search for the optimal model of training legal personnel for various fields of activity. Representatives of the leading scientific community and government officials actively participated in the discussion of the problems of legal education in the new conditions. It was in the 1917 – 1930s that the political, legal, ideological, organizational, managerial and scientific-methodological training of legal personnel was largely determined.

Key words: criminal law, criminal law policy, criminal policy, revolutionary legality, political and legal ideology, legal education, Sverdlovsk Law Institute, Ural State Law University named after V. F. Yakovlev