Vol  10 - No 2 (2025)

THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF SOCIAL RELATIONS   

Evgeniy M. Terekhov

ARTIFICIAL INTELLIGENCE IN THE OFFICIAL INTERPRET OF LAW: FOR OR AGAINST?

Abstract. The article considers the possibility of using artificial intelligence in the field of official interpret of legal norms. The necessary prerequisites for this are being investigated. The foreign experience is analyzed. Attention is drawn to the status and specific amounts of use of artificial intelligence in the official interpret of law, including the establishment of appropriate restrictions. All this indicates that the issues of studying the possibilities of using artificial intelligence, both for the entire legal activity and for its interpretative component, are relevant. The main purpose of the study is to try to find the truth about whether artificial intelligence should be used in interpret of legal norms. The key problem identified in the presented work is the fact that there are both positive aspects in the analyzed issue and certain risks that can create difficulties in assimilating the meaning of legal norms. The author not only outlines his vision of the problem, but also predicts the further development of the issue of using artificial intelligence in interpretation by taking into account the risks that arise in this regard. The prohibition on identifying artificial intelligence as an independent subject of the official interpretation of law is particularly emphasized. Based on the results of the study, it is concluded that artificial intelligence should be used in the official interpretation of law and the optimal methodology for this is proposed. This is facilitated by the practical potential of artificial intelligence, as well as the ability to quickly solve semantic tasks, despite the associated risks. Concrete steps are proposed for the introduction of artificial intelligence in the process of official interpretation of law, providing for the minimization of relevant risks. 

Keywords: legal activities, law-interpret activities, interpretation of law, clarification, explanation, interpretative act, interpretive practice.

 

Elena A. Usacheva

THE CONCEPT OF «PEDAGOGICAL ACTIVITY» IN LEGISLATION AND LAW PRACTICE: A COMPREHENSIVE ANALYSIS OF THE CONTENT

Abstract. The relevance of the research is related with the lack of a unified approach to the qualification of pedagogical activity in Russian educational legislation and legal doctrine.

The main goal is to identify and to systematize the legal features and identification criteria of pedagogical activity, based on the results of the analysis of legislation and law practice, to establish the relationship between the pedagogical and legal content of this concept.
The problems under consideration: legal characteristics and identification criteria of pedagogical activity depending on the field of application and the purpose of using the concept.
The research is based on the dialectical method of cognition, using general scientific and special methods.
Conclusions. The legal content of the concept «pedagogical activity» depends on the industry of application and the purpose of use. In the pension legislation the concept of «pedagogical activity» is used for the purpose of protecting those who carry it out from the risk of premature loss of professional work ability; the basic qualifying sign is increased psychophysiological stress, the formalized identification criterion is the place of work and position, the subsidiary evaluation criterion is the nature of the functions performed, the conditions and nature of the activity. In social and labor legislation the desired concept is used to characterize the labor function in order to give teaching staff a special status, which makes it possible to ensure the quality of the educational process. The basic sign is the direct implementation by the employee of pedagogical activity, formalized identification criteria - compliance of the position held by him with section I of the Nomenclature of positions, status in labor, service relations with an organization engaged in educational activities.. The concept of «pedagogical activity» as part of an exception to the prohibition on combining primary and secondary activities is used to ensure the admission of persons to socially useful activities. Formalized identification criteria have not been developed, a discretionary assessment is made by the law enforcer retrospectively when raising the issue of a violation of the prohibition.
Keywords: pedagogical activity, pedagogical worker, education, training, upbringing, educational process, teaching activity, pedagogical process, pedagogical interaction, teacher, labor function.

 

Natalia V. Kurkina 

LEGAL REGULATION OF FAMILY BUSINESS TAXATION AS A FACTOR OF ECONOMIC DEVELOPMENT

Abstract. The relevance of the family business taxation problem lies in the urgent need in law enforcement practice to regulate this type of business activity in order to provide state support measures, including in the field of taxation. This is evidenced, among other things, by the tendency to include the concepts and attributes of a family business in regional regulatory legal acts for the purpose of providing regional government support measures, as well as attempts to introduce appropriate amendments to the current federal legislation. In addition, due to the fact that family enterprises make up the majority of small and medium-sized businesses, tax support measures can have a positive impact on the development of entrepreneurial activity in general.

The purpose of this study is to analyze and identify a possible model for regulating the taxation of family enterprises, including on the basis of foreign experience. To achieve this goal, domestic and foreign legal acts regulating the taxation of family business were analyzed.
The problem under consideration lies in the absence of legislative regulation of the implementation of entrepreneurial activities by family enterprises, and accordingly, there is no regulatory regulation in the field of taxation.
To achieve this goal, the methods of formal logic (analysis, synthesis, generalization, induction, deduction, etc.), comparative legal and formal legal methods were used.
Based on the results of the study, conclusions were drawn about the need for regulatory regulation of the construction of family entrepreneurship, in order to provide state support measures that can be provided on the basis of the register of family enterprises, which is included in the presence of certain characteristics.
It seems optimal to include measures to support family entrepreneurship in the passport of the national project "Efficient and Competitive Economy" (within the framework of the federal project "Small and medium-sized entrepreneurship and support for individual entrepreneurial initiative"), which will make it possible to assess the effectiveness of government support measures for the economy, including in the field of taxation.
Keywords: tax, regulatory function of tax, family business, tax support measures, tax benefits, national project.

 

Konstantin A. Karamanov 

ALGORITHMIC TRANSPARENCY AS A PRINCIPLE OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE

Abstract. The article examines the issue of algorithmic transparency as a key principle in regulating artificial intelligence in the context of digital transformation of public administration. It substantiates the need to move from formal disclosure of AI system logic to the creation of mechanisms that ensure real interpretability and accountability of decisions made. It is noted that both public authorities and citizens are interested in ensuring AI transparency, as access to decision explanations forms the basis for legal protection and trust in digital services. Special attention is given to the concept of counterfactual explanations as a means of achieving a balance between technical feasibility and legal verifiability of algorithmic decisions. The article analyzes ethical, legal, and social risks associated with the «black box» nature of AI, including the threat of algorithmic bias and discrimination. It also reviews strategic documents of the Russian Federation related to explainable AI, as well as foreign approaches to interpretability.

The purpose of the study is to justify algorithmic transparency as a fundamental condition for the legal regulation of AI and to propose directions for its institutional implementation.
The methodological basis of the study includes general scientific methods (analysis, synthesis, induction, deduction), as well as specialized legal methods: formal legal analysis of regulatory acts and comparative legal analysis of international approaches to explainable AI.
The study concludes that a multidisciplinary approach, encompassing technical, legal, and ethical elements, is necessary to ensure AI accountability and to protect the rights of individuals in the digital legal space.

Keywords: algorithmic transparency, explainable AI, digital legal regulation, accountability, bias, legal interpretability, counterfactual observation.

 

Maria G. Belyanina

BASIC LEGAL APPROACHES TO THE RECOGNITION AND ENFORCEMENT OF FOREIGN INTERIM JUDICIAL ACTS

Abstract. The relevance of the problem under consideration is due to the development of economic relations and insufficient regulation of issues related to international cooperation in the field of recognition and enforcement of intermediate judicial acts.

The main objective of the study is to identify gaps in the legal regulation of the Russian Federation.
Within the framework of the topic under study, such problems arise as insufficient theoretical and legal development of the topic under study, insufficient legal framework regulating intermediate judicial acts, the absence of mechanisms for recognition and enforcement of intermediate judicial acts in the Russian Federation despite the high relevance for international civil legal relations.
For the purposes of the study, the author used such methods as formal-legal, systemic and logical methods. The paper examines the main scientific approaches to defining an interim judicial decision, its features and functions, and also identifies the grounds for recognizing and enforcing in the Russian Federation interim judicial acts of foreign courts, including interim judicial acts in bankruptcy cases. The author comes to the conclusion that insufficient legal regulation and refusal to recognize and enforce judicial acts, regardless of the essence of such an act, does not meet the needs of modern civil circulation and does not strengthen it.
Keywords: conclusive and interim judgments; recognition and enforcement of interim judicial decisions.

 

PRIVATE LAW REGULATION OF SOCIAL RELATIONS

Natalya V. Bondarenko

PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS IN THE SCIENTIFIC AND TECHNOLOGICAL SPHERE: FEATURES OF THE PARTICIPATION OF EDUCATIONAL ORGANIZATIONS

Abstract. Public-private partnership in the scientific and technological sphere is becoming particularly important in the context of the need to integrate public and private capital for the development of science and education. The relevance is due to the absence of legal and economic obstacles to the spread of PPPs to scientific and technological projects, as well as the need to improve the regulatory framework and stimulate interaction between educational organizations and private investors. The main goal is to study the specifics of concluding and implementing PPP agreements in the scientific and technological field with an emphasis on the role of educational organizations, analyze their participation as subjects of partnership and assess the applicability of current legislation to such projects.

The issues under consideration. The article examines the specifics of concluding and implementing public-private partnership agreements in the scientific and technological field based on current legislation. The role of educational organizations in public-private partnerships is considered, practical examples are given.

Methods used: general scientific methods, dogmatic and critical analysis, formal legal method.

Conclusions: it is noted that public-private partnership is the most open and accessible form of organization of co-financing of science by public and private capital, however, it requires optimization of regulatory regulation in order to adapt to scientific and technological projects. Educational organizations can act as both public and private partners, but their role is more often limited to infrastructure facilities. To increase the efficiency of PPPs, additional incentive measures for private investors are needed, a review of restrictions for foreign participants and the development of special standards that take into account high risks and long-term payback of projects.

Keywords: public-private partnership, educational organizations, scientific and technological sphere, concession agreements, educational infrastructure.

 

Maria Gromova

POSTHUMOUS CONCEPTION: LEGAL CONSEQUENCES AND JUDICIAL PRACTICE

Abstract. Modern reproductive technologies present new challenges for legal systems, particularly concerning the status of children conceived after the death of one parent. The relevance of this topic stems from the legal uncertainty surrounding their inheritance rights, entitlement to social security, and the establishment of paternity. The development of technologies such as in vitro fertilization and biomaterial cryopreservation necessitates appropriate legal regulation and the adaptation of legislation to contemporary realities.

The main objective of this article is to identify and analyze legal gaps in Russian legislation regarding children conceived after the death of a parent, in light of the Constitutional Court of the Russian Federation's ruling of February 11, 2025. It also aims to propose possible solutions and examine issues of legal uncertainty in the context of inheritance and social protection.
The research methods include a comparative analysis of the legislation of Russia and foreign countries, as well as the study of judicial practice, including decisions of the Constitutional Court of the Russian Federation. The article examines the legal positions of Germany, France, the United Kingdom, and the United States, highlighting various approaches to posthumous conception and the rights of such children.
The key sections of the article address inheritance law, social security, and international regulatory practices concerning posthumous conception. The conclusions emphasize the need for legislative changes to recognize posthumously conceived children as legal heirs and recipients of social protection. The article proposes reforms in family, inheritance, and pension law to eliminate existing legal gaps and ensure the protection of such children's rights within the Russian legal system. Additionally, it underscores the importance of developing unified approaches to regulating these issues at the international level.

Keywords: posthumous conception, establishment of paternity, social benefits, inheritance rights, Constitutional Court of the Russian Federation, family law, reproductive technologies.

 

Nikita M. Panfilov

ON SOME ISSUES OF LEGAL REGULATION OF CARGO TRANSPORTATION BY ROAD TRANSPORT

Abstract. The relevance: due to the increase in the number of shipments, there is a need to improve the legislation regarding the transportation of goods.

The main goal: identification of problem areas in terms of consideration of some issues of legal regulation of cargo transportation by road.
The problems under consideration: violation of vehicle operation rules by carriers, long terms of issuing permits for oversized cargo transportation, imbalance in the application of sanctions to carriers of different levels of economic development. Negative impact of human factor on the organization of cargo transportation by road.
The methods used: metaphysical, analysis, synthesis, induction, legal historical.
Conclusions: the need to pay special attention in the contract of carriage of goods to the carrier regarding the application of sanctions policy, revision of the degree of severity of sanctions for non-compliance with the rules of carriage, including for bad faith performance of obligations by the carrier, stricter control of carriers' compliance with the rules of operation of vehicles, expediency of increasing the threshold of permissible cargo load without the need to obtain a permit, taking into account an individual approach to the consideration of the features of running parts. The possibility of considering the need to use artificial intelligence in the organizational and legal support of road freight transportation.
Keywords: Contract of carriage of goods, transportation, cargo, oversized cargo, rules of operation, maintenance of motor vehicles, road transport, artificial intelligence, sanctions policy.

 

RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE

Leonid A. Zashlyapin

PROCEDURAL POSITION OF A DOCTOR DURING EXAMINATION OF A CORPSE

Abstract. The article is devoted to the analysis of the procedural position of a doctor during the examination of a corpse in modern criminal proceedings. Its relevance is due to the normative and doctrinal uncertainty of the status of this participant in criminal proceedings, associated with the absence of special rules that would establish his rights, duties and responsibilities.

The object area of ​​the study in the article is the provisions of the current criminal procedure law and healthcare legislation, as well as synchronous doctrinal positions indicating the procedural position of a doctor during the examination of a corpse. The analysis of this object area forms the main goal of the work.

The main methods used in the work are the formal-legal and chronodiscrete approaches.

The conclusions of the article are as follows.

The current legislation of Russia does not contain clear elements that determine the procedural position of a doctor during the examination of a corpse. At the same time, the article reveals doctrinal conflicts between the approaches of lawyers and doctors, which hinder the theoretical certainty of the position of a doctor during the examination of a corpse.

Keywords: criminal process, criminal proceedings, preliminary investigation, examination of a corpse, participants in criminal proceedings, doctor, forensic expert, specialist, status, legal capacity.

 

Ruslan R. Valyulin

CLASSIFICATION OF THE RUSSIAN FEDERATION GOVERNMENT DECISIONS AND THE STANDARDS CONTAINED THEREIN, APPLIED IN CRIMINAL PROCEDURAL ACTIVITIES

Abstract. The article presents a practical examination of Government Regulations of the Russian Federation as a source of criminal procedure law. The author argues that the prevailing formal-hierarchical approach fails to reflect the functional diversity of delegated legislation, because many regulations de facto create primary rules shaping criminal proceedings. The aim is to elaborate a multi-criteria classification ensuring accurate interpretation and uniform application of these acts. The methodological framework combines the functional approach with legal hermeneutics, allowing identification of the regulatory purpose of norms and interpretation of their content within the context of the Code of Criminal Procedure. A five-criterion typology is substantiated: (1) mode of integration into the Code; (2) procedural stage of operation; (3) regulatory method (restrictions versus guarantees); (4) degree of behavioural regulation (autonomous versus specifying norms); (5) degree of certainty and influence on decision-making. The model was tested on fifteen regulations adopted between 2006 and 2024, including Nos. 1240, 134 and 1589, and compared with foreign theories of delegated rule-making. The proposed classification enhances legal certainty, reduces risks of misclassifying normative force and improves investigative and judicial practice. Theoretical contribution lies in refining the conceptual apparatus of source-of-law doctrine and revealing the heuristic value of a functional-hermeneutic synthesis for procedural scholarship. Study limitations relate to its focus on federal regulations. Future research should apply the typology to acts of other executive bodies and compare the Russian model with Continental and common-law systems across diverse regulatory levels. Findings may guide lawmakers, courts and investigators in calibrating rule-making practices.

Keywords: resolutions of the Government of the Russian Federation; criminal procedure law; subordinate regulation; classification; blanket norms; delegated legislation; guarantees and limitations; procedural stages; sources of law; typology.

 

Ruslana G. Khomutova, David V. Davtyan

BLACKMAIL AS A METHOD OF EXTORTION

Abstract. The article presents a comprehensive analysis of criminal liability for extortion, taking into account historical, modern and digital aspects. The relevance of the topic is due to the growing number of crimes, the increasing complexity of extortion methods, as well as the transformation of criminal practice in the context of the digitalization of society. The main purpose of the work is to systematically review the development of legislation, qualification issues, detection, investigation and prevention of extortion in Russia, as well as to compare national experience with foreign approaches. The article examines the historical and legal stages of the formation of norms on liability for extortion, analyzes the current legal definitions and qualification criteria, identifies the difficulties of their application in judicial practice, reflects the problems of differentiation from related structures. Considerable attention is paid to cyber-harassment, its forms, as well as the victimological characteristics of victims, types of threats and the consequences of psychological impact on victims. An important section is the analysis of the difficulties of detecting and investigating extortion, the features of latency, the use of new methods of criminology and interdepartmental interaction, as well as forecasting new threats. Historical-legal, formal-legal, comparative-legal, criminological and victimological methods are used, which ensures comprehensive consideration of the problem. The experience of Russia and foreign countries in the field of qualification, prevention and response to extortion is compared. In conclusion, it is concluded that it is necessary to improve legislation and the practice of its application, taking into account new types of threats, the development of operational investigative activities, the introduction of digital methods of criminology and the expansion of interstate cooperation. The promising directions of prevention and protection of the rights of victims of extortion in modern conditions are substantiated.

Keywords: extortion, blackmail, cyber-blackmail, criminal liability, qualification, cybercrime, victimology, investigation, foreign experience.

  

Anna S. Kosobokova

THE CONCEPT OF TORTURE IN CRIMINAL LAW

Abstract. The relevance of the study of the signs and legislative definition of torture is associated with the problem of an ambiguous and contradictory understanding of its essence as a legal phenomenon.

The main purpose of the work is to highlight the distinctive features of torture and clarify the definition enshrined in the Criminal Code of the Russian Federation.
The author considered the problems of a possible subject of the use of torture, the legislative consolidation of its purposes, and the peculiarities of qualification.
In addition to using general scientific research methods, the author uses special legal (formal legal and comparative legal).
As a result of the research, the author identifies the distinctive features of torture, justifies the inclusion of an indication of a special subject in the definition of torture, and clarifies one of the purposes.
Keywords: torture, purposes, violence, special cruelty, suffering, criminal law.