Vol  10 - No 3 (2025)  

PRIVATE LAW REGULATION OF SOCIAL RELATIONS

Alexander E. Kirpichev

EXCLUSION OF STATE CLAIMS FROM THE SCOPE OF STATUTE OF LIMITATIONS RULES

Abstract. The relevance of the study is determined by the adoption of the Constitutional Court of the Russian Federation Resolution No. 49-P of October 31, 2024, which established that no limitation period applies to anti-corruption claims filed by prosecutors. The purpose of this work is to identify the theoretical foundations for excluding state claims from the scope of statute of limitations rules and to conduct a comparative legal analysis of this institution. The article examines problems of correlation between the principle of formal equality of private law subjects and the special position of the state as a participant in civil legal relations. Methods of comparative law, historical-legal and doctrinal analysis are used. The Anglo-Saxon maxim nullum tempus occurrit regi, the French concept of imprescriptibility of the public domain, and the practice of courts in the USA and Europe are examined. Conclusions: the exclusion of state claims from limitation periods is justified not by the identity of the owner, but by the special legal regime of property and the central position of certain bodies (primarily the prosecutor's office) in the system of public interest protection.

Keywords: statute of limitations; public interest; nullum tempus occurrit regi; public domain; prosecutor's office; estoppel; comparative law; state as a subject of private law.

 

Yulya N. Boyarskaya

TRANSFORMATION OF TORT LIABILITY IN THE ERA OF DIGITALIZATION OF TRANSPORT AND THE APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES

Abstract. This article examines the problem of determining the scope of entities bearing civil liability for the creation and use of unmanned (autonomous, automated) vehicles. Amid the digital transformation of the transportation industry and the active implementation of artificial intelligence technologies, it is necessary to revise traditional models of tort liability for damage caused by high-tech vehicles. The purpose of this study is to develop a sound approach to determining who is responsible for damage caused by an unmanned vehicle, as well as to develop criteria for delineating and potentially redistributing the burden of liability between them, taking into account the degree of their involvement in the creation and operation of such a vehicle.

This article analyzes key issues in classifying an unmanned vehicle as a "complex" object of civil law, traditionally characterized as a thing (vehicle) and a result of intellectual activity. The methodological basis of the study consists of formal legal, comparative legal, systemic-structural, and functional methods. These methods are used to compare the traditional model of civil liability for the owner of a high-risk source with the structures for distributing liability among other participants in civil transactions proposed in the doctrine and the draft law "On Highly Automated Vehicles and Amendments to Certain Legislative Acts of the Russian Federation." The study concludes that existing legal structures of tort liability for damage caused by unmanned vehicles are ineffective. The author argues for the advisability of developing new structures of civil liability that take into account the role of each participant in the development and operation of unmanned vehicles.
Keywords: unmanned vehicle, highly automated vehicle, fully automated vehicle, autonomous vehicle, artificial intelligence technology.

 

Maria Gromova, Mikhail Abakumov

POST-MORTEM REPRODUCTION IN ISRAEL: BETWEEN THE AUTONOMY OF THE WILL AND THE COLLECTIVE RIGHT TO REPRODUCE

Abstract. This article examines the legal regulation of post-mortem reproduction in Israel, understood as the practice of conceiving a child after the death of one of the genetic parents. The relevance of the study stems from the absence of codified regulation in this area and from the persistent divergence between the Israeli approach and European legal frameworks, which are predominantly based on the primacy of formalized individual consent. The aim of the article is to identify the mechanisms through which Israeli courts balance the autonomy of the deceased’s will with the interests of the family.

The article addresses issues related to the reconstruction of the deceased person’s presumed will, the legal relevance of family interests, and the limits of permissible post-mortem use of genetic material in the absence of explicit prior consent. The methodological framework of the study includes formal legal analysis, historical and comparative legal methods, doctrinal analysis, as well as content analysis of Israeli judicial practice from 1996 to 2024. The primary empirical material consists of decisions of the Family Courts, District Courts, and the Supreme Court of Israel acting as the High Court of Justice.
The article provides a systematic analysis of regulatory acts issued by the Israeli Ministry of Health, landmark judicial decisions, and doctrinal sources, which makes it possible to identify stable patterns of legal reasoning. The study concludes that the Israeli model of post-mortem reproduction is based on judicial reconstruction of the deceased’s presumed will, taking into account the family’s position and subject to mandatory judicial oversight. The concept of a “collective right to reproduction” is not treated as a subjective legal right in the strict sense, but rather as an analytical construct reflecting the expansion of legally relevant considerations within judicial decision-making.
Keywords: post-mortem reproduction, Israel, reproductive autonomy, collective right to reproduce, bioethics, comparative law.

  

Yana V. Lashchenkova

THE PLACE AND ROLE OF THE JUDICIAL DECISION IN THE SYSTEM OF JUDICIAL ACTIVITY OF THE COURT IN CIVIL PROCEEDINGS

Abstract. Relevance: A judicial decision is a key element of justice. It not only resolves disputes but also protects the rights of individuals and legal entities. In the context of increasingly complex social relations, a decision definitively resolves conflicts, specifies legal norms, and directly influences public trust in the judiciary.

Purpose of the study: The aim is to define and substantiate the central role of judicial decisions within the system of procedural and law-enforcement acts that constitute the judicial activity of the court.
Issues addressed: The study examines the problems of defining the concept of a judicial decision in civil procedure, the essence of judicial activity, and its relationship with the general concept of judicial work.
Methods used: Formal-legal, systemic-structural, methods of analysis and synthesis, historical-legal, logical-deductive, and doctrinal methods.
Conclusions: The author attempts to classify and examine in detail the characteristics of a judicial decision, highlighting and justifying each element. Special attention is given to the issues of reasoned judicial decisions, addressing aspects of the binding nature, stability, and correctness of the issued decision, demonstrating that the correctness and durability of a judicial act depend on numerous components.

Keywords: judicial decision; civil procedure; judicial activity of the court; concept of judicial decision; characteristics of a judicial decision.

  

Elizaveta Kh. Urchukova

PROVISION OF MEDICAL SERVICES USING TELEMEDICINE TECHNOLOGIES

Abstract. This study is devoted to the analysis of topical issues related to the legal regulation of telemedicine technologies in the Russian Federation and the search for optimal approaches to stimulate the development of telemedicine, as well as the study of the essence of legal relations in the provision of medical services using telemedicine technologies. The article also examines foreign experience in the implementation of telemedicine technologies, which is compared with the experience of the Russian Federation.

The relevance of the study is due to the active growth of the telemedicine services market, as well as the advantages of telemedicine for patients who are located at a distance. At the same time, legal uncertainty remains regarding the legal status of telemedicine and the procedure for providing telemedicine services.
The main objective of the work is to identify problems and contradictions within the framework of existing approaches.
The problems under consideration are based on the fragmentary nature of regulation, the lack of uniformity, and uncertainty in matters of civil liability when using telemedicine technologies.
The methodological basis of the study consisted of general scientific (analysis, synthesis, deduction) and special legal methods of cognition (formal legal, comparative legal, and systematic analysis methods).
Conclusions were drawn about the existence of an imbalance in legal regulation. On the one hand, legislators seek to minimize risks by imposing strict restrictions. At the same time, the existing fragmentation in terms of legal uncertainty in the distribution of civil liability limits the further development of telemedicine.
There is a need to systematize the legal norms governing the specifics of civil liability. Experimental legal regimes can help find the most optimal approach for flexible regulation combined with consistency, which will allow the full potential of telemedicine technologies to be realized.
Keywords: telemedicine, healthcare delivery, digital health, regulatory sandbox, safeguarding patient rights. 

 

 THEORY, HISTORY AND PRACTICE OF LEGAL REGULATION OF SOCIAL RELATIONS   

 Eldar S. Vaniev

THE FEATURES OF LEGAL REGULATION OF LEVI JEW’S BOX TAX IN BAKHCHISARAY CITY (1877-1881)

Abstract. In the article based on archive sources and legislation studying the features of legal regulation of special local duty – levi jew’s box tax at the end of XIX cent. in the period of local government reform in Bakhchisaray city where I. Gasprinskiy was the city mayor. Analyzed it structure and the place in system of local duties in Bakhchisaray city and Taurida Governorate.

The main aim of the article. The aim of the article is the analysis of legal and organizational and managerial decisions, which was adopted and implemented by local authorities of Bakhchisaray city in the sphere of regulation of tax relations with the population using the example of its interaction with the jewish community in Bakhchisaray city.
The problems in question. Due to insufficient study about legal regulation of tax relations in Bakhchisaray city at the end of XIX cent. we need to give the definition of jew’s box tax. Author understands it as a local special duty, which was collected of ethnically and confessionally identified category of population citizens (jew’s) with the aim of using of it funds to meet the economic and domestic needs of the local jewish community
Using methods. To achieve the aims, the author used a set of general-scientific methods, as well as such special research methods as comparative legal, formal legal and hermeneutic methods.
Conclusions. The author has revealed that the legal regulation of levi jew’s box tax in 1877-1881 A.D. in Bakhchisaray city was so effective. It was based on the system of assignments of roles each of participants of legal relations. This special local duty had it own structure, which responded to it’s functions – money filling of the local budget. The city power had the control and supervision authorities and didn’t interfered in the process of collection of a fee. The jew’s citizens had the right to submit petitions to the local government body with requests for the allocation of monetary sums from the collected budget, which were confirmed by inspection reports by authorized representatives of the local government. After approval from higher authorities, jew’s were given the opportunity to spend the allocated funds to meet their needs.
Keywords: tax, jew’s, administration, nomocracy, control. 

 

Alexandra E. Pukhnarevich

TRANSPLANTATION OF INSTITUTIONS AS A SOURCE OF DEVELOPMENT OF PLURALISM OF LEGAL MODELS

Abstract. In the context of globalization, the development of national legal systems is primarily driven by the borrowing of legal institutions, which leads to the blurring of traditional boundaries between legal models and the active formation of hybrid, pluralistic forms. This article focuses on a comprehensive analysis of the key mechanism of this process, which is legal transplantation.

The purpose of this study is to examine the legal nature of the institution of legal transplantation as a source of the development of pluralism in legal models, its methods, and analysis of successful transplantation of institutions.
The article is based on such scientific methods as systemic, formal-legal, and comparative.
The study relies on Alan Watson's classic definition, which states that transplantation is the transfer of a rule or legal system from one country to another.
The article raises the central question of the very possibility of transplantation: can an institution transferred to a different legal culture retain its original characteristics.
In conclusion, the article analyzes the transplantation of adversarial institutions, particularly the jury system, from the adversarial system to continental system as a practical example. The article demonstrates that the result of such transplantation is not simply a borrowing, but the emergence of eclectic national models that have been transformed by the local legal culture. The article concludes that legal transplantation is a major source of development for modern legal systems and a fundamental basis for their pluralism, opening up new perspectives for comparative legal research.

Keywords: legal model, national legal model, pluralism of law, transplantation, adoption, jury trial. 

 

Sultan T. Khapchaev

COLLECTIVE DUTIES IN THE ISLAMIC LEGAL TRADITION

Abstract. Relevance: The relevance of the research is determined by the need to comprehend the role of collective obligations (fard al-kifayah) in the Islamic legal tradition as a mechanism for regulating social relations and distributing responsibility between the individual and society in the context of contemporary challenges facing Muslim communities.

Main objective: A comprehensive analysis of the institution of collective obligations in the Islamic legal tradition, including its doctrinal content, historical evolution, and contemporary application.
Issues addressed: defining the concept of fard al-kifayah and its distinction from individual obligations; classification of collective obligations (funeral rites, jihad, acquisition of knowledge, social assistance); development of the doctrine from early mentions in al-Shafi’i to theoretical conceptualization in the works of al-Juwayni and al-Ghazali; determining the boundaries of the community responsible for fulfilling collective obligations; the role of the Islamic state in coordinating fard al-kifayah; contemporary actualization of the principle.
Methods employed: The historical-legal method was applied to reconstruct the genesis and evolution of the fard al-kifayah concept in the context of Islamic jurisprudence development; comparative-legal analysis revealed the features of collective obligations interpretation in the four Sunni madhabs and identified points of consensus; the systematic approach ensured consideration of the institution within the structure of Islamic law in relation to other legal categories; the hermeneutical method was used for contextual interpretation of classical Arabic legal texts considering their historical and cultural specificity.
Conclusions: The institution of collective obligations represents a unique mechanism linking individual piety with the common good and stimulating solidarity within the Muslim community. The principle «if some fulfill it, the obligation is lifted from the rest, but if no one fulfills it, everyone bears the sin» ensures a harmonious combination of personal and collective responsibility. In contemporary conditions, the concept of fard al-kifayah remains relevant as a foundation for organizing education, social assistance, protection of Muslim rights, and other spheres of public life.

Keywords: Islamic law, fard al-kifaya, collective obligation, fard al-'ayn, Sharia, fiqh, usul al-fiqh, ummah, madhhab, religious prescriptions, social responsibility. 

 

Polina N. Makovskaya

PROBLEMS OF USING ARTIFICIAL INTELLIGENCE IN LAW ENFORCEMENT: LEGAL PERSONALITY, AUTONOMY, RELEVANCE

Abstract. The article is devoted to the consideration of problematic issues related to the use of artificial intelligence (AI) systems in law enforcement. The issues of endowing AI systems with legal personality, the possibility of their autonomous operation without human control, and the relevance of the responses produced by AI systems are discussed.

The purpose of the article is to identify aspects that are not sufficiently covered in known publications and arise in the hypothetical autonomy of AI in the field of law enforcement, including such aspects as ensuring the liability of AI and the ability to process evaluative concepts of law.
The relevance of the topic is explained by the intensification of the processes of developing AI systems for all areas of public life, as well as the recent adoption in Kazakhstan of the first law on artificial intelligence in the post-Soviet space, which inevitably calls for the adoption of an adequate Russian law.
The article discusses the definition of AI, its division into different types, and the views of various authors on the legal nature of artificial intelligence. It notes that a valid obstacle to granting AI legal personality is its lack of self-interest and will. The article highlights the risk of unthinkingly granting AI systems legal personality, which could lead to them wasting their computational resources on complaints about their violated «rights» related to unstable communication systems or the Internet. The article discusses the issue of ensuring the delictability of AI and notes that this issue is not primary or difficult to implement, as there are several technical measures that can significantly degrade the conditions of AI operation, even without reprogramming.
The risk of dehumanization of law is discussed in the emergence of autonomous «electronic» judges. It is noted that the impossibility of producing judicial discretion by the AI system is noted, including for reasons of difficulties of machine processing of the evaluative concepts of law and informalized documents, the meaning of which requires their contextual disclosure.
As a result of the study, it is concluded that in order to ensure a balance between maintaining a high level of humanistic content in law and simultaneously making effective use of modern digitalization capabilities, it is necessary to use AI systems without endowing them with legal personality or excessive autonomy, but rather as a human assistant, considering the integration of humans and AI into a single human-machine team to enhance the cognitive capabilities of the human judge.
Keywords: artificial intelligence, law enforcement, legal personality, autonomy, law enforcement practice, judicial discretion. 

  

RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE

Maxim V. Afanasiev

SYSTEM OF SUBJECTS AND FEATURES OF THEIR ACTIVITIES IN ENSURING TOURISM SAFETY: CRIMINOLOGICAL ANALYSIS

Abstract. In the context of growing tourist flows and the digitalization of the industry, tourism becomes a vulnerable target for criminal encroachments, which enhances its role as a subsystem of the national security of the Russian Federation. The relevance of the study is driven by the need for a comprehensive analysis of criminogenic risks, including transnational crime, the victimization of tourists, and geopolitical instability.

The purpose of the article is to conduct a criminological analysis of the system of subjects, the features of their activities in ensuring anti-criminal security for tourism, and to develop scientifically grounded measures for its improvement to enhance the resilience of the tourism industry.
The article addresses such issues as the latent interconnections among the system's subjects (tourists, entrepreneurs, local population, state bodies, tourist police, international organizations); the characteristics of crime in tourist regions; the impact of digitalization and regional differences on the criminogenic situation; problems of coordination and management, including organizational and legal barriers, as well as social disorganization; the international context; the victimization of tourists; and risks arising from new forms of tourism.
The methods employed included a systems approach grounded in criminological theories of social disorganization, routine activity, rational choice, victimization, and N. Luhmann's concept of operationally closed systems. The empirical base encompasses qualitative analysis and the study of statistical data. A comprehensive interdisciplinary analysis with elements of interaction modeling was utilized.
The article is structured according to logical directions, such as the problem statement, criminological analysis of the system of subjects; empirical study of criminogenic factors; interdisciplinary approaches to analyzing the system of subjects; problems of coordination and management; the international context; victimological analysis; practical proposals; and conclusion. This structure ensures the consistent achievement of the research goal: from theory to empirics and recommendations.
Conclusions are formulated to the effect that the system of tourism subjects’ functions as a self-organizing structure, in which the effects of coordination surpass the actions of individual subjects. The proposed measures – such as a unified platform for continuous monitoring, risk indicators, expansion of the tourist police's powers, and a coordination center – improve information exchange among the system's subjects, reduce tourists' vulnerability to crimes, and enhance the industry's resilience to cyber and transnational threats amid geopolitical instability.
Keywords: anti-crime security of tourism, criminology, victimization, tourist police, national security.

 

Anton G. Monetov

DISTINGUISHING BETWEEN THE SABOTAGE AND TERRORIST COMMUNITIES: ISSUES OF QUALIFICATION

Abstract. The relevance of the research lies in the existing problems of law enforcement practice in proving the purpose of creating a community and qualifying mixed forms of complex joint criminal activity. The main goal is a comprehensive analysis of the problems of distinguishing criminal liability for the creation of terrorist (art. 205.4 of the Criminal Code) and subversive (art. 281.3 of the Criminal Code) communities. The criteria of differentiation according to the immediate object, goals and methods of criminal activity are investigated. The problems of distinguishing between such types of criminal community are analyzed.: both terrorist and sabotage. To achieve this goal, both general scientific and special methods of cognition were used, in particular, comparative law. Based on the conducted research, ways to improve criminal legislation and recommendations for law enforcement agencies are proposed.

Keywords: terrorist community, subversive community, qualification, totality of crimes, differentiation of crimes. 

  

Irina V. Shelehova

TRANSITIONAL PROVISIONS OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION

Abstract. This paper provides a comparative legal analysis of two federal laws that regulate the implementation of the provisions of the Russian Federation Criminal Code and Criminal Procedure Code (herein referred to as the "CC" and "CPC" of the Russian Federation) in the new territories of the Russian Federation in 2014 and 2023. These laws are essentially transitional provisions for these codes.

The relevance of this topic is due to the need for a more detailed study of the process of integrating Russian criminal procedure legislation into the legislation of another country, through the introduction of transitional provisions of the law in new territories. Such a study may further help in developing the topic of introducing transitional provisions of the criminal procedure law in peacetime in order to create a better mechanism for the transition from one procedural norm to another, which will significantly improve the position of the law enforcement officer in this situation.
The aim of this study is to thoroughly examine and compare these laws article-by-article in order to determine the structure, content, and order of changes introduced by the legislator through these transitional provisions.
The analysis revealed both the basic structure of transitional provisions and the situational norms of laws introduced by the legislator for various purposes. At the same time, these norms were divided into three groups to better illustrate the structural units of regulatory legal acts.
Such scientific work provides an opportunity to consider legal solutions applied in an earlier regulatory act and the changes made by the legislator when developing provisions of a later law. It is possible to identify a set of successful legal solutions that can be used as a basis for similar regulatory legal acts both in wartime and peacetime.
Keywords: criminal procedure law of the Russian Federation, operation of law in new territories, transitional provisions, peacetime criminal procedure, wartime criminal procedure.

  

PUBLIC REGULATION OF SOCIAL RELATIONS

Evgeniy M.Terekhov

ON THE QUESTION TO START DATE OF THE ACTION INTERPRETATIVE ACT

Abstract. The article touches upon an ambiguous point related to the date of commencement of the interpretation of legal norms from this act. The necessary prerequisites related to this fact are investigated. The current state of affairs is analyzed. Attention is drawn to the date of the commencement of the interpretative act in the context of the doctrinal approaches present in legal science, as well as individual regional laws partially regulating the issues under consideration in the subjects of the Russian Federation. All this indicates that the issue of considering the date of commencement of the interpretative act is relevant both theoretically and in practice. The main purpose of the study is to try to find the truth about the date on which the interpretative act issued by the subject of the official interpretation begins to operate. The key problem identified in the presented work is the fact that there is no legislative consolidation of this moment, therefore, law enforcement officers have to be guided by the results of interpretative practice. The author not only outlines his vision of the problem, but also puts forward his own proposals aimed at improving the analyzed issue. It is especially emphasized that the automatic retroactive effect of an interpretative act is questionable. Based on the results of the study, it is concluded that there is a need for legislative regulation of the sphere of official interpretation of legal norms, including in such an important area as interpretative acts, which are in high demand and actively used in the domestic legal system these days. There are two independent determining factors of the date of commencement of interpretative acts: for normative interpretative acts, the date of publication of the interpretative act or the date indicated by the subject of official interpretation in the act itself (may be earlier than the publication of the interpretative act or in special cases later than the publication of the interpretative act); for casual interpretative acts, the date of their receipt by the person requesting clarification of the meaning the norms of the current legislation or the date of their publication.

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

  

Valeriia R. Datii

ENSURING PERSONAL DATA PROTECTION IN THE PERFORMANCE OF PUBLIC FUNCTIONS

Abstract. The article examines the legal mechanisms for ensuring the protection of personal data in the performance of public functions amid the expansion of digital services and the growing scale of interagency information exchange. The relevance of the study is determined by the increasing volume of collected data, the development of automated data-processing systems, the introduction of biometric technologies, and the heightened risks of data breaches, disproportionate interference with private life, and unlawful use of information by public authorities. The purpose of the study is to identify legal conflicts associated with the processing of personal data by public authorities and to determine the standards and requirements ensuring their protection. The article analyzes the regulatory framework of Russian legislation, administrative practices of public authorities, judicial decisions, and examples of foreign practice. The author employs formal-legal, comparative-legal, and systemic methods, which allow for comparing different regulatory models and assessing their compliance with the principles of data minimization, purpose limitation, and proportionality. The main conclusions emphasize the need to clarify the legal regimes of interagency data exchange, establish special requirements for biometric data processing, introduce preventive oversight mechanisms, and ensure transparent and purpose-limited regimes of data storage and use in the exercise of public functions.

Keywords: personal data; public functions; interagency information exchange; biometric data; government information systems; digital platforms; right to privacy.