Annotations № 2 (167) / 2026

THEORY OF LAW AND STATE

Belkovich R., Gusak I. (Moscow) Evolution of Roscoe Pound’s views on the state

The article deals with the evolution of Roscoe Pound’s views on the role of the state in the legal regulation of social relations. The article analyzes Pound’s perception of the transformation of American state, especially in the context of Franklin Roosevelt’s New Deal, which led to the formation of the so-called administrative state. The latter is characterized by the expansion of the executive branch’s power due to combination of legislative, executive and judicial powers within one body – the administrative agency. Particular attention is paid to Pound’s views on how the formation of the institutions of the administrative state affected traditional principles of American legal system: separation of powers and the rule of law. The authors conclude that from the beginning of his legal career Pound recognized the need for common law courts to adapt to social change and saw the cause of the rise of executive justice in the shortcomings of judicial justice. Nevertheless, the study reveals that already in the first decade of the XX century the scholar was critical of justice exercised by the executive branch of government, because it was based not on law, but on discretion of officials, which posed a threat to the rule of law. After the beginning of the New Deal in the thirties Pound only intensified his criticism of the administrative state, without fundamentally changing his positions on its role in the system of the US government. The authors show that Pound viewed administrative agencies’ power growth as a temporary phenomenon necessary for the adaptation of law to new conditions, but insisted on the priority of common law courts as the guarantee of the rule of law and, consequently, the freedom of the individual in the United States.

Key words: Roscoe Pound, executive justice, administrative state, common law

PUBLIC ISSUES AND POLITICAL SCIENCE

Berg L. (Yekaterinburg) From legal regulation to legal impact: bioeconomics and biolaw in the context of a new technological order

This article presents the legal assessment of contemporary trends in the convergence of biological, genetic, information, cognitive and engineering technologies as a process shaping a new technological order. The author uses the theory of legal impact as a basic methodological framework, allowing for an analysis of the specifics of legal influence on emerging biosocial processes in the context of accelerated technological development, without the limitations of the traditional normative approach. The author examines bioeconomics as an object of legal influence, taking into account the instrumental approach, as well as the informational and psychological foundations of legal influence. Based on the results of the study there is concluded that biosocial public relations are characterized by a high degree of uncertainty, nonlinearity and interdisciplinary determinacy, which renders classical models of legal analysis focused on the stability of the subject of legal regulation and the predictability of legal outcomes insufficient. Within the post-non-classical approach law is viewed not only as a system of norms but also as a reflexive mechanism for managing complex socio-biological processes, in which legal norms, values, legal information and legal consciousness form a dynamically interacting system.

Key words: bioeconomics, biolaw, legal influence, legal regulation, postnon- classical scientific rationality, legal establishment, legal protection, biosocial public relations

INTERNATIONAL LAW

Tolstykh V. (Moscow) Reception of international law by Japan in the XIX century (part I)

In the second half of the XIX century Japan achieved phenomenal success in the reception of international law: it adopted Western legal rhetoric, skilfully applied it in practice and established its own school of international law. Having risen to the level of a global superpower, however, it challenged the international order in the first half of the XX century. A study of Japan’s international legal policy in this context reveals a genetic link between international law and colonialism. It also makes it possible to identify general patterns of international relations in Asia, which were suppressed following the «encounter between Europe and Asia» in the XIX century and are currently being revived. Finally, it is important for understanding the patterns of Japan’s own foreign policy. The article examines the main trends in Japan’s reception of international law: the conclusion of unequal treaties, the practice of applying their provisions on consular jurisdiction and Japan’s efforts to revise these treaties; the establishment of its own school of international law; the development of arguments justifying Japan’s civilised status and its territorial claims; the development of a critical approach to international law; first experiences in applying international law, etc. In conclusion, the author argues that Japan’s successful reception of international law is linked to an awareness of its practical significance, the linear nature of Japanese history, the predisposition of Japanese culture towards borrowing and its orientation towards external models, the peculiarities of Japan’s political system, its lack of a mature diplomatic tradition, a favourable geopolitical situation and the active stance of Japanese intellectuals.

Key words: East Asia, Japan, China, history of international law, reception of international law, unequal treaties, consular jurisdiction, jus ad bellum

CRIMINAL LAW AND PROCEDURE

Samsonov V., Chekulaev S. (Moscow) Grounds for release from criminal responsibility for offenses in government procurement

The article is devoted to the analysis of special grounds for exemption from criminal liability for crimes in the sphere of public procurement with a focus on the novel provision – the note to Art. 285.5 of the Criminal Code of the Russian Federation. Existing mechanisms for exemption from criminal liability, such as judicial fines or the expiration of the statute of limitations, do not always account for the specifics of public procurement crimes, where the key element is not only material damage but also the failure to achieve the contract’s objectives. It is argued that the voluntary remediation of violations must ensure not only compensation for damages but also the fulfillment of the state contract’s goals. A methodology is proposed for assessing the actions of a public official as sufficient to recognize the violation as remedied. In modern judicial practice the voluntary remediation of state contract violations should be considered when applying the provisions of Art. 76.2 of the Criminal Code of the Russian Federation as a condition for compensating for damages or otherwise making amends for the harm caused by the crime.

Key words: public procurement, state defence order, grounds for release from criminal responsibility, abuse of power, object of crime, corruption

Bagryan A. (Moscow) Investigation and criminal prosecution in criminal proceedings: problems of correlation, differentiation and normative determination

The article examines the problem of the relationship between the concepts of «accusation» and «criminal prosecution». It is noted that the lack of a clear normative distinction between these concepts has led to ongoing scientific debates and complicates law enforcement practice. Based on an analysis of the provisions of the Criminal Procedure Code of the Russian Federation, as well as taking into account the historical and legal and theoretical approaches of Russian criminal process science the article argues that these concepts have different legal nature. It is shown that an accusation in the sense of Art. 5 of the Criminal Procedure Code of the Russian Federation is an accusatory thesis. It is also noted that in relation to the term «accusation » the term «criminal prosecution» is a broader category that includes the establishment, search and conviction of a person for committing a crime. Attention is given to the criticism of legislative techniques that allow for the confusion of these concepts, as well as the analysis of doctrinal positions that allow for their identification. The article substantiates that «accusation» is structurally and functionally included in «criminal prosecution» as one of its elements, which makes it impossible to recognize them as synonymous categories.

Key words: accusation, criminal prosecution, criminal proceedings, criminal justice

QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITY

Shogenov A. (Moscow) The self-impression method as one of the methods currently used for unauthorized unlocking of cylinder locks

The self-impression method is one of the possible methods of unauthorized unlocking, with which an attacker may be able to unlock the secrecy mechanism (cylinder, lever, as well as other secret blocks) in a short period of time. In modern conditions the method of self-suppression as one of the methods of unauthorized «universal» unlocking in tracological science has been studied rather superficially and the current recommendations on expert research used in the forensic units of the Ministry of Internal Affairs of Russia are outlined and based on only a few scientific articles, the results of which are insufficient to establish the truth of the case and to answer the questions of interest to the investigation in the framework of a forensic tracological examination. Based on this more advanced approaches are needed in defining and describing the essence of the self-suppression method, its current realities and the possibilities of unlocking various classes of secrets of cylinder and lever secret blocks.

Key words: tracology, tracological study of locks, tracological study of cylinder and lever secret blocks, unauthorized unlocking, self-impression method

CIVIL LAW AND PROCEDURE

Maksurov A. (Yaroslavl, Paris) Parties to a construction contract

The paper examines the issue of modern understanding of the parties to a construction contract, which is substantiated by problems of theory and practice. In the doctrine, regulations and judicial acts there are different approaches to defining persons who may be on the side of a construction contract, which creates legal uncertainty and hinders effective legislative, interpretative, law enforcement and control (supervisory) practice in the field of construction. The article describes the existing approaches to defining the parties to a construction contract. An analysis of the regulatory framework and doctrinal understanding of this issue is made. When writing the work general and specific scientific methods were used, such as the formal-logical method (deduction and induction), the method of systems analysis, sociological techniques and the method of generalizing legal practice. As a result the author recognizes as an acceptable exception the circumstance that government bodies (local governments) may act as the customer, but such a construction contract should only be aimed at satisfying public needs. The researcher believes that an individual also has the right to act as a construction contractor, but he must have certain knowledge and skills, the article provides relevant recommendations on this matter. At the same time the scientist objects to the reflection in civil legislation of the requirement for the contractor to have special knowledge in the construction business as a basis for recognizing the contract as invalid. The article describes the specifics of the liability of the parties of a construction contract when both of them are individuals. The work describes special requirements for the contractor as a party to a construction contract, which depend on the type of construction work performed. These requirements are set out in the law inconsistently. In this regard, ways to remove these contradictions and increase legal certainty in this matter are outlined.

Key words: construction contract, contractor, customer, self-regulatory organization, construction market, control, licensing, responsibility, household contract

Shvalev K. (Yekaterinburg) Debt recovery in cases of universal inheritance succession and bankruptcy of a deceased debtor: essential characteristics and problems of legal priority

This article analyzes specific aspects of court rulings on the enforcement of a deceased citizen’s obligations by their heirs, both through the universal succession of inheritance and within the framework of bankruptcy proceedings involving the deceased citizen. The relevance of the study is attributed to the fact that courts, contrary to the law and the doctrine of the mutual exclusivity of these two procedures, apply them simultaneously or consecutively. As a result heirs are subjected to double debt recovery or debts from which the decedent was discharged in the bankruptcy proceedings are enforced against them. The aim of this research is to assess the adequacy of the current application of these procedures. The research methodology is based on the dialectical method of cognition within the framework of a materialist approach, combined with specific scientific methods for studying social and legal phenomena: analysis and synthesis, observation and comparison, modeling and the construction of relevant legal provisions. Based on the conducted research, the criteria for applying each procedure have been identified and proposals for adjusting their clear statutory delineation have been formulated. The findings and conclusions of this analysis can be used in legislative and law enforcement practices related to the relevant legal provisions, in scientific research, as well as in the educational process for training lawyers.

Key words: fulfillment of the testator’s obligations, universal succession, bankruptcy of a debtor-citizen in the event of his death, principle of separation of property, bankruptcy estate, inheritance estate, transfer of debts within the value of the inherited property, sole residential premises

Maevskaya M. (Moscow) Restitution and confiscation in Soviet civil law and their impact on the present

The article discusses the concept of restitution in Soviet civil law and its impact on modern Russian legislation and judicial practice. Thus, in the context of the spread of challenging transactions by public authorities, there is a risk of perception of restitution as an independent tool for protecting the public interest by seizing property for the benefit of the state. On the basis of a historical review of the Soviet experience, where restitution was legislated, the opinion about its exclusivity as a means combining return to the parties and confiscation is refuted. It is concluded that restitution in Soviet law was a bilateral return of what was received under an invalid transaction to restore the original position of the parties, while confiscation was a separate consequence of illegal behaviour, not replacing restitution. This allows author to assert that restitution relations are subject to the general rules of the law of obligations, without going beyond the framework of private law principles. In order to protect the public interest in such circumstances, it is advisable to use the relevant public law institutions, for example, confiscation.

Key words: restitution, Soviet law, invalidity of transactions, confiscation, civil law, unjust enrichment

Mikhailova E. (Moscow) Adversarial and dispositive proceedings in arbitration courts’ resolution of disputes involving public entities: problems and solutions

This article examines the application of the fundamental principles of civil procedure – adversarial and dispositive – in arbitration courts’ resolution of disputes involving the Russian Federation, constituent entities of the Russian Federation and municipalities. The author believes that civil disputes involving public entities have a unique, mixed legal nature and arbitration courts must be procedurally proactive when resolving them in order to protect state interests while ensuring the equality and equity of the parties to the dispute. It is argued that when a prosecutor files a claim to protect the interests of the state, he should be recognized as a party to the case, not a «procedural plaintiff». It is proposed that the statute of limitations not apply to disputes involving public entities initiated by the prosecutor’s claim.

Key words: civil procedure, principles of arbitration and civil procedure, discretionary nature, adversarial nature, public entities as subjects of civil law, prosecutor’s claim, proper party in cases involving public entities, active role of the arbitration court

LABOUR AND SOCIAL LAW

Romanovskaya N. (Voronezh) Self-employed labour as a type of hidden labour relations

Currently more than 15 million self-employed individuals are registered, representing 20 % of all employed persons in the Russian Federation. This figure continues to grow. However, in most cases civil law relations with the self-employed disguise employment relationships, which are successfully identified by tax authorities. Due to imperfect legal regulation, this does not entail any legal consequences for the self-employed themselves. The legal nature of self-employment was analyzed, concluding that it is a purely tax-legal category. From the perspective of employment, relationships with the self-employed are either truly civil or disguised as labour relations. An analysis of judicial practice revealed that tax authorities successfully uncover rather complex schemes to conceal employment relationships with the self-employed under civil law; however, such decisions only have taxlegal consequences. Conclusions were drawn regarding the advisability of creating a legal mechanism within which tax authorities’ determination of employment relationships concealed under civil law would also have consequences for the contractor, changing their status, for example, by involving the State Labour Inspectorate in inspections.

Key words: labour relations, economic dependence, hidden labour relations, employment, self-employed, tax authorities, State Labour Inspectorate

Zhuzhgina A. (Tyumen) Artificial intelligence for occupational safety and health as a tool of technological leadership: challenges of legal regulation

The article examines current trends in development of legal regulation of labour protection in the context of digital transformation and the active introduction of artificial intelligence (AI) technologies. Impact of digital solutions on improving the efficiency of occupational risk management systems, process automation and introduction of intelligent monitoring systems for working conditions is analyzed. Need to adapt national legislation to new technological conditions is emphasized, including issues of responsibility sharing between employer and developers of AI systems, protection of personal and biometric data of employees, as well as ensuring transparency of decision-making algorithms. It is noted that effective and safe implementation of AI in field of occupational safety requires an integrated approach, including development of regulatory standards and ethical principles for use of digital technologies. It is concluded that it is necessary to improve legal framework and form a unified approach to regulating digital systems in order to increase safety and preserve rights of employees.

Key words: occupational safety, artificial intelligence, digital technologies, occupational safety, digitalization of the occupational safety system, legal regulation of AI technologies

PAGES OF HISTORY

Granatov D. (Moscow) Model of Parliament according to the 1889 Constitution of the Empire of Japan

A special place in the legislation of the Japanese Empire was occupied by the 1889 Constitution which was intended to legally establish and consolidate the existing state and social order after the defeat of the Tokugawa shogunate. The author aims to analyze consolidation of legislative power as one of the institutions of law within the framework of this normal act by comparing it with the Prussian parliament under the 1850 Constitution. Ito Hirobumi as one of the key authors of the Constitution of Japan commented officially on each article of this law. These notes make it possible, on the one hand, to appreciate the level of borrowings from the German Basic Law, and, on the other hand, to understand specific features of the development of constitutional law of the Far-Eastern country. Besides, the opinion of Japanese political scientist Fujisawa Chikao, which attempted to express the view of Japanese society regarding the representative institution with the aid of legal psychology and legal culture of his countrymen, is examined. Subjective opinions of some Russian historians and legal scholars about this state agency are presented and the reason of unsoundness of these appraisals is examined, based on the comparison of these facts. The author analyzes the creation of the parliament model, its authority and functioning in the first years after the adoption of the Constitution.

Key words: majestic nationalism, model of parliament, auxiliary instrument of Emperor, Constitution of Prussia, original source of legal power

Fedosov I. (Saint-Petersburg) Nationality or ethnicity? Institutionalization and juridization of the socio-biological factor in public law: the experience of the Russian Empire, the USSR, the Russian Federation

The article is devoted to a comprehensive analysis of the modern concept of a civil nation – a bearer of sovereignty within the framework of a modern national state, as well as the phenomenon of legal pluralism in the context of pre-modern polyethnic state formations. The aim and tasks of the article are to analyze various approaches and models of giving legal significance to the socio-biological factor: ethnic, national, religious, cultural, linguistic and other identities. The research methods consists mainly of comparative legal and formal legal methods. Comparing two fundamentally different approaches to building a single political and legal space and public and state construction the author of the article shows the importance of terminological accuracy and correctness in determining the legal status of both an individual and a group of individuals united by certain criteria within a single legal order. Using normative material, as well as Russianand English-language scientific works on the relevant topic the author clearly and consistently demonstrates the fundamental differences that existed in the legal systems of the Russian Empire, the USSR and modern Russia in terms of giving legal significance to ethnocultural differences of separately individuals and social groups. The author of the article comes to the conclusion about the harmfulness of using terminology inherited from the Soviet period both in the official, including legislative, context and at the level of everyday use in ordinary speech, since this terminology does not have an entirely appropriate semantic content, creating significant difficulties in the formation of a relevant political and legal discourse. In particular, one should avoid using the term «nation» in the meaning of «ethnos», since both the «nationalization» of an ethnos and the «ethnicization» of a nation introduce epistemological chaos into a purely scientific discourse and, thus, hinder its further development. Moreover, such terminological carelessness threatens serious problems at the level of state and legal construction, since it does not contribute to the political and legal unification of the country’s population on the basis of a single complex identity, but on the contrary to artificial division and disunity.

Key words: nationality, ethnicity, civil nation, ethnos, ethnology, ethnography, public law, Russian Empire, USSR, Russian Federation

Bogolyubov E. (Saint-Petersburg) Personnel of the Soviet notary in the pre-war period

The article is devoted to the analysis of the staff of the Soviet notary in the pre-war period (1917–1941) and the problem of continuity between prerevolutionary and Soviet notaries. Three key stages of the development of the Soviet notary are highlighted: the old-regime notary, the transitional notary and the proletarian notary. At the first stage personnel formation took place mainly at the expense of specialists with pre-revolutionary experience, who had a high level of legal education and extensive work experience. The Soviet government was forced to involve such notaries in order to ensure the functioning of the system. At the second stage there was a gradual displacement of pre-revolutionary specialists and their replacement by notaries from workers and peasants, active members of the Communist Party. During this period personnel «purges» aimed at eliminating «alien elements» intensified. The level of legal training of new notaries has noticeably decreased. The third stage is characterized by the establishment of the proletarian notary, where employees mostly did not have higher legal education and often received only short-term legal training. The notary’s office loses its prestige during this period, there is a high staff turnover. It is concluded that there was a succession of personnel in the first years after the revolution, which then gave way to the proletarization of the notary profession and a decrease in the professional level.

Key words: legal profession, notary, state notary, soviet period, succession

MUSEUM OF SLI – USLA – USLU HISTORY

Shamsumova E. (Yekaterinburg) The history of a course at the Sverdlovsk Law Institute: 85 years of the 1941 class

The study of Soviet legal education remains an important, multifaceted and interesting research task, as the experience of the past continues to have a significant impact on modern legal education. The article provides an overview of the work of the Sverdlovsk Law Institute during the Great Patriotic War, highlighting the main activities of the educational institution and some aspects of life during wartime. The research is based on materials from the V. F. Yakovlev Ural State Law University’s archive. The article focuses on the students of the 1941 intake and academic, military, organizational and social aspects of their life. Attention is paid to the functioning of all courses and forms of education (day, evening and correspondence). It is noted that for teachers the range of activities was much broader than for students, because the tasks assigned to the teaching staff were related to the educational process, the resolution of methodological issues, the formulation and solution of scientific problems, the maintenance of students’ education in the spirit of Marxism-Leninism and the ideological education of prosecutors, judges, investigators, etc. The author concludes that despite the extraordinary circumstances the SUI continued its activities and fulfilled the tasks assigned by the government.

Key words: legal training, SUI, wartime university, law institute, legal education

CHRONICLE

Review of the round table «Nationalization of international law: a new norm or deviation?»