Annotations № 3 (168) / 2026

PUBLIC ISSUES AND POLITICAL SCIENCE

Knutov A., Lomako A. (Moscow) Risk indicators in the system of inspection and supervision activities in Russia: from regulatory framework to enforcement practice

This article presents a comprehensive analysis of the mechanism of risk indicators within the system of state control (supervision) in the Russian Federation. It concludes that its potential is not being fully utilized. Despite the objective need for an effective tool for unplanned control, the number of inspections conducted based on risk indicators remains insignificant. In order to determine the reasons for the insufficient use of this control tool 192 risk indicators for 17 of the most widespread types of control implemented by federal executive authorities and 333 indicators of regional state environmental control (supervision) were studied. The paper presents data on the regulatory framework of this legal institution in Russia and foreign countries, its characteristics as a tool of the risk-based approach, provides statistics on the conduct of unplanned control (supervision) activities carried out on this basis, and analyzes the practice of using risk indicators by control (supervision) bodies. It is summarized that, to date, many indicators do not comply with legal requirements and are methodologically unfounded. Furthermore, it is concluded that the lack of automation in the process of identifying indicators also contributes to the low prevalence of such a control tool.

Key words: risk indicators, state control, municipal control, inspection and supervision activities

Hovhannisyan V. (Yerevan) Strict observance of the principle of the supremacy of international law in the context of state interaction is a fundamental condition for the survival and development of human civilization

It is obvious that international law is in a deep crisis today. The political and legal factors contributing to the decline in the effectiveness of international law and its inability to prevent large-scale military and political crises in various regions of the world can be explained by: loss of confidence in the capabilities of international law to effectively resolve complex military and political conflicts; the desire of many states to solve interstate problems not peacefully, but through the use of military might or criminal political intrigue; the conviction of impunity in the commission of an international crime. The lack of effectiveness of the international legal system is also due to a number of factors, among which are: the vagueness and ambiguity of formulations inherent in international legal norms; the lack of effective mechanisms for bringing subjects of international law to responsibility. In the current historical era, it is necessary to expand the scope of the traditional coordinating, regulatory and protective functions of international law. On the one hand, it is necessary to strengthen its role as a source of knowledge and moral guidance, and on the other, its prescriptive norms and fundamental principles should inspire fear and compel obedience, as well as activate the instinct of self-preservation both at the level of states and individuals.

Key words: subjects of international law, the survival of mankind, the state of crisis, the effectiveness of international law, armed conflicts, incapacity, coercive functions

INTERNATIONAL LAW

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

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

Vedel I. (Yekaterinburg) Diplomatic protection and consular assistance in the context of the «nationalization» of international law

The article examines some of the features and problems of implementing diplomatic protection and consular assistance in conditions where universal norms of international law are subject to «nationalization» by states. It is explained the term «nationalization» used in the context of the topic under consideration and its relationship to the fragmentation and constitutionalization of international law. It is indicated that the «nationalization» of international law manifests itself in the lack of unanimity among states on certain aspects of diplomatic protection; in the different interpretation and application of universal international norms in the implementation of diplomatic protection and consular assistance (in particular, human rights norms, including the provisions of Art. 36 of the Vienna Convention on Consular Relations); and in the establishment by the state of the priority of its own interests over the interests of citizens or organizations when deciding on the provision of diplomatic protection, the right to which is a discretionary right of the state. As a general conclusion, it is noted that the «nationalization» of international law significantly affects the implementation of diplomatic protection and consular assistance, primarily in a negative sense.

Key words: diplomatic protection, consular assistance, nationalization of international law, fragmentation, constitutionalization

Churkina L. (Yekaterinburg) Problems of execution of international courts judgements

The article examines the enforcement of decisions of international courts in modern international law. It considers the dual role of international judicial bodies: on the one hand, they issue enforcement acts, and on the other hand, they act as a mechanism for monitoring compliance by states with their obligations under international treaties. The author analyzes the factors that influence the enforcement of decisions of international courts and the existing enforcement mechanisms provided for in the UN Charter’s «enforcement» provision through the Security Council, as well as the provisions of the European Convention on Human Rights regarding the supervisory function of the Committee of Ministers of the Council of Europe. The article provides for the comparative legal review of the practice of the International Court of Justice (Nicaragua v. the United States, etc.) and the European Court of Human Rights. The author analyzes the types of non-execution – principal and dilatory – and their connection with and their relationship to the political and constitutional interests of states, conflicts between international and national law, and the limitations of «enforcement» mechanisms. Based on the research, the author concludes that non-execution undermines trust in international justice and requires a combination of legal and political strategies, increased harmonization of international and domestic law, and the development of more effective multilateral enforcement mechanisms within the framework of the rule of law and international peace.

Key words: principle of good faith fulfillment of international obligations, enforcement of international court decisions, international courts, International Court of Justice, European Court of Human Rights, enforcement mechanisms

CRIMINAL LAW AND PROCEDURE

Tsyplakova A. (Moscow) Classification and cybercrime investigation issues regarding generative AI-enabled systems

This study briefly highlights the possible standing of dialogues with generative AI systems as user content and as correspondence (messages transmitted by other means), the challenges and threats arising due to legal gaps, including authorship, ethical aspects of data use, transfer, distribution and responsible entities. The author examines the possible classification of criminal offences based on Russian legislation, foreign experience and soft law, and methods of investigating traditional crimes committed using information and communication networks, including the Internet, and cyberсrimes. Currently, domestic legal regulations and technical capabilities in terms of conducting expert examinations and identifying generated content lag behind rapidly evolving criminal activity, although there are already some worthy solutions. One needs to introduce a core conceptual framework, more universal norms, comprehensive preventive and repressive measures and develop methodological support for the crime investigation in order to effectively counter the AI use for criminal purposes, including generative models.

Key words: artificial intelligence, generative systems, cybercrime, criminal investigation, classification of crimes

CIVIL LAW AND PROCEDURE

Lisachenko A. (Yekaterinburg) Legal issues of digital immortality

The article examines the legal consequences of the emergence and evolution of neural network models, which allow for either accurate modeling or convincing imitation of the behaviour and personality of specific individuals. It identifies the differences between the two approaches to digital «copying» of human personality – modeling and imitation – and concludes that the distinction between them is gradually disappearing from a legal and enforcement perspective. The article raises and organizes questions that will help the legal system prepare for the next wave of technological changes in society. The article emphasizes the fundamental difference between situations where the real prototype of a computer model of a human personality is alive and those where it is dead. The author proposes a number of fundamental solutions in this area and concludes that it is necessary to strengthen the predictive function of legal science.

Key words: identification, digital identity, neural network model, subject of law, intellectual rights

Rudnev A. (Moscow) On the possibility of participation of third parties in indemnity relations in the context of Art. 406.1 of the Civil Code of the Russian Federation

The article focuses on the matter of how a third party can participate in obligations on indemnification for losses under Russian law. Particular attention is paid to formation of the plurality of persons in the compensatory obligation separately from the basic obligation outlined in clause 1 of Art. 406.1 of the Russian Civil Code. By analyzing main forms in integration of a third party into the obligation, the author concludes that the model of indemnification for losses is highly adaptable to all key modifications of the person composition of the obligation.

Key words: indemnification for losses, indemnity, plurality of persons in obligation, contract in favor of a third party

Morozova M. (Moscow) The development of expedited arbitration through the example of the Arbitration Institute of the Stockholm Chamber of Commerce

This article analyzes the procedure for considering and resolving disputes within the framework of expedited arbitration proceedings using the Stockholm Chamber of Commerce Arbitration Institute (SCC) as an example. The author proposes to examine the expedited arbitration procedure in this arbitration court to illustrate its specific features and extensive use over a long period of time. The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) is one of the few arbitration institutions that has rules governing the expedited procedure in a separate document. The article presents facts about the historical development of expedited arbitration in this arbitration court. The author also expresses a position on the appropriateness of regulating the rules for this procedure in a separate document and describes the advantages of applying to the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).

Key words: international commercial arbitration, arbitration proceedings, expedited arbitration proceedings, expedited arbitration, simplified arbitration, simplified proceedings

ADMINISTRATIVE LAW AND PROCEDURE

Osintsev D. (Yekaterinburg) What happened to the subject of administrative law?

Addressing fundamental issues related to the specifics of legal tools has always been and will continue to be a subject of scientific discussion, but it must be conducted in accordance with specific rules related to problems, goals, objectives, contradictions, gaps and other elements related to research theory and practice. However, over the past thirty years the subject of administrative law and the methods of administrative legal influence that make up its structural units have not been adequately addressed. Every five years the issue of modifying this subject is revisited on the pages of journals, although it has never been changed, it simply cannot be formulated well, and the terminology used to describe it, unfortunately, does not offer the exact meaning of the terms used and so far none of the proposed reforms of the subject of administrative law have brought significant results. Each time there is a return to the starting point that administration consists in implementing mandatory requirements through control (supervisory) mechanisms and means of coercion to ensure management and security, therefore it is proposed to complete the discussion of this issue and begin researching real administrative practices in order to create an effective and efficient mechanism.

Key words: subject of the branch of law, management and administration, subjects of administrative law, methods of administrative legal influence

LABOUR AND SOCIAL LAW

Ivanchina Yu. (Yekaterinburg) Use of artificial intelligence in the formation of a proactive approach in the field of assisting employment of the population

This article explores the potential of using digital technologies and artificial intelligence to transform the way public and municipal services are provided, focusing on promoting employment. The active use of modern technologies can help shift from reactive support measures to a proactive approach that focuses on predicting labour market needs, individualizing career paths and identifying unemployment risks early on. The unified digital platform for employment and labour relations «Work in Russia», which provides electronic government services in the field of employment assistance and currently connects job seekers, employers and the government to address issues in the rapidly changing labour market, is capable of anticipating future needs as data processing expands. It is necessary to create a digital profile of an employee, which should be an element of the digital profile of an individual (citizen). In addition, it is necessary to develop monitoring of enterprises that are at risk (for example, those that have been placed under bankruptcy proceedings or have been subject to sanctions). The data obtained during the analysis will help to predict the demand and supply in the labour market. It will also help to identify the risks of unemployment early on: artificial intelligence can identify risk groups (for example, employees with outdated skills or those who are at risk of being laid off) and offer them support measures (such as assistance in finding employment, professional development or retraining). The paper discusses both the benefits of implementing digital technologies and artificial intelligence, as well as the challenges associated with it, including the protection of confidential data and potential discrimination in algorithmic decision-making. The implementation of a proactive approach based on modern technologies can significantly improve the efficiency of the employment promotion system, reduce unemployment rates and facilitate more flexible and sustainable adaptation of the workforce to changing labour market conditions.

Key words: public and municipal services, employment promotion, proactive approach, digital employee profile, «Work in Russia», artificial intelligence, digital technologies

Zhilkin A. (Moscow) Labour rights monitoring under US generalized system of preferences

The Generalized System of Preferences (GSP) enables developed nations to reduce or eliminate import tariffs for developing and least-developed countries. The United States GSP program links preferential market access to beneficiary compliance with a specific set of labour rights, establishing a framework of trade conditionality. This conditionality aims to leverage US trade influence to promote international labour standards, although its success depends heavily on the effectiveness of monitoring mechanisms. This article analyzes the legal architecture and operational functioning of the labour rights monitoring system within the US GSP. The research objectives are to: 1) characterize the US GSP labour standard conditionality model; 2) analyze the institutional structure and procedures of the monitoring system; 3) identify merits and limitations through a case study of the partial withdrawal of Thailand’s trade benefits; 4) propose recommendations for system enhancement. The study employs a qualitative methodology, combining the analysis of legal and policy documents with a case study approach. The analysis reveals that the US GSP monitoring system is de facto partially based on International Labour Organization (ILO) standards, despite the absence of explicit links in domestic trade law. The case of Thailand highlights a shift toward targeted responses to systematic labour violations, balancing sanction effectiveness with the mitigation of excessive negative economic impact. However, key limitations include the lack of positive conditionality and the United States’ own non-ratification of fundamental ILO conventions.

Key words: United States, Generalized System of Preferences, human rights, labour rights, international trade, trade policy

ECONOMICS AND LAW

Vasyanina E. (Moscow) Legal mechanism of financial and monetary relations: contours of the future

This article examines pressing issues related to improving the legal regulation of financial and monetary relations and puts forward a number of mutually agreed-upon proposals aimed at changing the approach to understanding the financial legal system, the development of which under the influence of the stock theory has led to an unjustified exaggeration of the budget’s role in economic development, leaving the institution of emission- legal regulation without due legislative attention. In addition to the above, the author focuses on the problem of achieving a balance between financial-legal and administrative-legal principles in regulating financial relations. Based on the results of the analysis, directions for modernizing financial law are proposed, focusing on reorienting the emission-monetary mechanism toward achieving the national development goals of the Russian Federation, taking into account ongoing adjustments to the state’s current financial policy. It is concluded that in the process of improving the legal framework for financial and monetary relations it is advisable to shift the emphasis toward regulating financial obligations that directly support the flow of funds, aimed at establishing the solvency of participants in civil transactions. A balance between the objectives of monetary and fiscal policy can be achieved by adjusting the terms of fulfillment of financial obligations in a manner necessary to curb inflation.

Key words: financial law, science, legal mechanism, monetary policy, emission, bank, Bank of Russia, budget, financial sovereignty

PAGES OF HISTORY

Volgin E. (Moscow) The 1992 Law on Political Parties: the official draft and alternative approaches

This article presents the first systematic comparative analysis of four draft laws on political parties developed between 1990 and 1992: two official drafts from 1992, the initiative draft by V. Alkimenko and Yu. Dmitriev and the 1990 draft by Yu. Tikhomirov and V. Maslennikov. The study aims to reconstruct the ideas of legislators and legal scholars regarding the desired model of party-legal regulation in post-Soviet Russia. It examines the general structure and style of the documents, approaches to defining the concept and status of a political party, the territorial scope of their activities and the procedures for their establishment and registration. The rights, obligations and guarantees of party activities enshrined in the drafts, along with mechanisms for electoral participation and state funding systems, are analyzed. Particular attention is paid to the regulation of property foundations, the grounds and procedures for party liability and dissolution, including the principles of judicial control. Provisions concerning the activities of party factions in representative bodies are compared. Conceptual differences are identified, ranging from the cautious approach of Tikhomirov – Maslennikov with high founding barriers, to the detailed official drafts oriented towards the German model, and the academic draft by Alkimenko – Dmitriev, which consistently upholds the principle of judicial control. The conclusion is drawn that, despite all their differences, these drafts remained unrealized; however, they serve as authentic documents of their era, reflecting the spectrum of ideas about the desired model of a multiparty system.

Key words: Law on Political Parties, draft laws of 1990–1992, party-legal regulation, comparative analysis, post-Soviet Russia, multiparty system

LEGAL HERITAGE

Ogorelkova V. (Omsk) Article by Alexander Magnus Fromgoldt von Reutz «Gewohnheitsrecht und Codification in Russland» («Customary law and Codification in Russia», translated from German by V. D. Ogorelkova)

Alexander Magnus Fromgold von Reitz’s article «Gewohnheitsrecht und codification in Russland» has never been translated into Russian. However, modern studies of customary law require a more in-depth examination of this eminent scholar’s work. This article outlines the key milestones in A. M. F. von Reitz’s biography and focuses on his conclusions regarding issues consistent with the objectives of modern legal scholarship. The author’s translation from German is presented.

Key words: history of Russian legal science, A. M. F. von Reitz, systematization of legislation, common law, Russian legislation