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Theoretical and Applied Law

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No 1 (2026)
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ARTICLES

11-25 241
Abstract

Introduction: The article examines Karl Marx’s views on human rights and the main approaches to interpreting them in philosophy and legal theory. It aims to systematize interpretive strategies and clarify what exactly Marx’s critique targets.

Materials and methods: The study employs comparative, structural, and hermeneutic methods, as well as approaches characteristic of critical theory. Interpreters are classified with attention to the context of their claims and the purposes of their readings.

Results: The article argues for distinguishing Marx’s interpreters into “practitioners” and “theorists”. Practitioners’ readings are often shaped by political circumstances and may be inconsistent, limiting their analytical value. Theorists’ interpretations are grouped into three types: 1) unifying (Marxism extends liberal ideas by emphasizing positive freedoms), 2) reconciliatory (Marxism can be compatible with human rights, though not in their bourgeois form), and 3) orthodox (human rights are a capitalist product and an ideological instrument). Marx’s position is shown to be complex: he criticizes bourgeois rights as formal and interest-serving, yet does not reject the idea of rights as such; in several texts he appeals to “natural law.”

Conclusion: Marx’s stance on human rights should be read through his critical method and broader philosophical program (overcoming alienation and envisioning a classless society). This supports the explanatory power of the reconciliatory interpretation which captures Marx’s critique of bourgeois legal forms without reducing it to a wholesale denial of rights.

26-42 239
Abstract

Introduction: The article examines the mechanisms of legitimization of ethical standards established in the acts of “soft law”, policy and policy documents, international recommendations in the legal regulation of artificial intelligence (AI) in Russian law-making and law enforcement practice. The purpose of the study is to identify the role and degree of influence of ethical standards on the legitimization of legal norms in the field of AI in the Russian Federation.

Methodology and materials: In the course of the research, the author refers to the analysis of the judicial practice of arbitration courts on the use of AI and an extensive set of regulatory material, including foreign acts of “soft law”. The author uses both general scientific methods and private legal methods: formal legal, used when referring to the texts of normative acts, acts of soft law and judicial practice, identifying their meaning, interpreting them; as well as the comparative legal method used in evaluating the sources of soft law under consideration, regulating human relations with AI.

Results and discussion: Specific examples show how the provisions of ethical codes and strategic documents are reflected in judicial practice and what problems exist in this context in law-making. The situations of axiological conflict and axiological coherence between the value of effectiveness expressed by the legislator and ethical standards that presuppose the priority of human rights are analyzed.

Conclusions: The author comes to the conclusion about the existence of value pluralism in the strategy of legitimizing the norms governing AI. In conclusion, it is emphasized that the compilation of an axiologically consistent regulatory framework is necessary to the same extent as the development of legal structures and original concepts of AI regulation.

43-53 189
Abstract

Introduction: The article discusses the rules of entry of foreign citizens to the territory of the Russian Federation, considering the dynamically developing migration legislation and the growing interest of foreign citizens in visiting Russia for various purposes: tourism, work, study, and others. This fact makes the field of migration policy interesting to study from the legal field’s perspective.

Materials and methods: The research is based on practical activities of the current legislation and the use of expert advice. The statistics on the entry of foreign citizens into Russia are analyzed. The research used general scientific methods and the comparative legal method.

The results of the study and their discussion: The study analyzed the main legal acts regulating the border crossing procedure, including visa and visa-free entry requirements, necessary documents, as well as length of stay and restrictions. Particular attention was paid to changes in migration policy due to the prevailing international situation. Changes aimed at strengthening control and converting procedures to electronic format, namely biometrization and digitalization, were also studied.

Conclusions: The rules for entry of foreign citizens into the Russian Federation by 2025 are a combination of traditional requirements (passport, visa, registration) and new elements related to digitalization of control and security. In general, Russian migration policy strives to maintain a balance between openness to visitors and ensuring order. Compliance with the established rules — from timely visa processing to registration at the place of stay — will allow foreign citizens to avoid trouble and make the most of their time in the Russian Federation, whether it is a tourist trip, a business trip, or a long-term stay for work or study.

54-66 281
Abstract

Introduction: The growing number of applications for the deprivation of academic degrees, mainly due to the discovery of illegal borrowings in dissertations, highlights the need to study the legal regulation of the procedure for the deprivation of academic degrees in our country. At the same time as the number of applications for the deprivation of academic degrees increased, and the number of complaints from interested parties also increased. Based on the materials of judicial practice, the author analyzes the grounds for satisfying such complaints, identifies gaps and conflicts of legislation in the field of illustrated legal relations.

Methodology and materials: In preparing this article, various general logical methods of cognition were used: analysis, synthesis, abstraction, generalization, as well as general scientific, private scientific and special methods. The application of universal principles of scientific knowledge made it possible to identify defects in the legislation governing the process of deprivation of academic degrees, as well as to analyze the evidence used by the parties in such trials. The empirical basis of the study was the norms of legislation and materials of judicial practice concerning lawsuits challenging the deprivation of academic degrees.

Results of the study and their discussion: The author refutes the approach of attributing the procedure of an academic degree to the sphere of legislation on the provision of public services, reveals the date of the beginning of the deadline for submitting an application for revocation of an academic degree. According to the assumption of good faith among participants in legal relations and the principle of legal certainty, a specific set of powers is established concerning the protection of the individual against whom an application for the revocation of an academic degree has been filed, allowing them to defend and personally articulate their stance on this matter. The value of the actual scientific component of the dissertation research is not the subject of judicial control.

Conclusions: A significant defect in the legislation on the deprivation of academic degrees is the lack of authority of the involved structures of the Ministry of Education and Science of the Russian Federation to search for interested parties. Furthermore, the subsequent oversight regarding the legality and validity of conferring an academic degree relies on the examination of procedural elements, without assessing the scientific aspects of the dissertations reviewed for verification, nor the ensuing scholarly activities of the individual following the defense of the dissertation. In conclusion, the author’s position on improving the legal regulation of the procedure for the deprivation of academic degrees is argued. 

67-80 168
Abstract

Introduction: This work examines the legal aspects of regulating the radio frequency spectrum in the Russian Federation. Dependence of modern society and the digital economy on communication stability, while the legal regulation of this sphere is characterized by both theoretical and law enforcement issues, highlights the relevance of the topic. The main problems addressed in the article include the legal personality of the State Commission on Radio Frequencies (SCRF), the ambiguous legal nature of radio frequency spectrum regulation mechanisms, and the relationship between radio control and state supervision. The resolution of these problems, according to the authors, will enhance the transparency and predictability of legal regulation in this field and contribute to its development.

Methodology and Materials: The aim of the study is to analyze the aforementioned legal problems and propose measures for improving the regulatory framework. The research is based on the provisions of administrative law theory, normative legal acts regulating the use of the radio frequency spectrum, as well as the law enforcement practice of the SCRF and the courts. The study involved collecting materials of law enforcement practice and applying general scientific and special research methods: analysis and synthesis, systematic, logical, and formal-legal methods.

Results and their discussion: The authors established that the allocation of frequency bands, formally intended for an indefinite circle of persons, is increasingly being addressed to specific operators in practice. The contradictory status of the SCRF was revealed: despite not being an executive authority, it exercises normative-regulatory and licensing functions traditionally inherent to executive bodies. Contradictions in the qualification of radio control in law enforcement practice were identified, creating uncertainty in the application of administrative liability measures. It has been established that radio control, concerning its objectives, methodologies, and legal implications, aligns with the characteristics of state oversight, thereby supporting the recommendation for the necessary modifications to the legislation.

Conclusions: The authors proposed the measures for improving the regulatory frameworks, including clarifying the status of the SCRF, the procedure for allocating frequency bands, and the legal nature of radio control.

81-93 304
Abstract

Introduction: Currently, the organization of constitutional control in the constituent entities of the Russian Federation has undergone significant changes due to the reform of the institution of public authority in general, and the levels of its organization in particular. The constitutional (charter) councils of the subjects of the Russian Federation are a relatively new institution in the system of regional authorities. Their creation was needed to ensure compliance of regional regulations with the constitutions (charters) of the subjects of the Russian Federation.

Methodology and materials: The purpose of the study is to analysis the issues of formation and activity of constitutional (charter) councils established in the subjects of the Russian Federation, their legal regulation, as well as to identify areas for their improvement. The methodological basis was provided by general scientific and private scientific methods, namely the historical method, comparative legal and system-structural approaches, as well as formal legal analysis. The sources were regulatory legal acts of the federal and regional levels.

Research results: Based on the analysis of the current legislation, the author outlined the reasons for the abolition of the constitutional (charter) courts of the subjects of the Russian Federation. The article examines the legal foundations of the activities of the constitutional (charter) councils of the subjects of the Russian Federation, as well as the specifics of the formation and functioning of these bodies in the context of modern legislation. The necessity of improving the legal status of the constitutional (charter) councils of the subjects of the Russian Federation to increase the effectiveness of constitutional control at this level is substantiated.

Conclusions: Regional constitutional control has certain difficulties in implementation, which prevents the maintenance of an appropriate level of legality in the constituent entities of the Russian Federation. Accordingly, the introduction of constitutional (charter) councils into the practice of regional authorities with amendments to the current federal legislation is argued. In the future, it is necessary to align federal and regional legislation for their consistent application in practice.

94-106 174
Abstract

Introduction: The first stage on the way to a judicial position is passing a qualification exam. For this purpose, examination commissions are formed for the admission of the qualification exam for the position of judge. They became an independent body of the judicial community in 2011, after which the commissions began to include representatives from public associations of lawyers. The deputies believed that this would make the commissions more open to society, improve the quality of justice and reduce corruption. However, the declared goals were not achieved. Proposals have been repeatedly made in the scientific literature to reform the requirements for members of commissions. Such proposals were speculative in nature, as they were not based on empirical evidence.

Methodology and materials: In this article, the scientists’ proposals are compared with data on the composition of the examination commissions of the subjects of the Russian Federation as of 2021. Information on the membership of the commissions was collected on the website of the Higher Examination Commission for the admission of the qualification exam for the position of judge. Additional information about the length of service and place of work was found in open sources.

Research results and their discussion: Some proposals are in isolation from reality and are impossible to implement at the moment. The scientists proposed to establish the numerical composition of the commissions in the number of 13 people, although in reality their average figure is 12 people. There have been proposals to include representatives from all levels of the judicial community in the commissions, although the commissions most often include judges from the regional center (from the regional court of general jurisdiction and from the arbitration court). The closest proposal to implementation is to establish a minimum judicial length of service for inclusion in the commission (10 years), since the average length of service of judges in the commissions is 15 years.

Conclusions: Proposals to reform the examination boards should take into account the existing composition of the commissions.

107-116 197
Abstract

Introduction: In the work, the author examines the representative and executive body at the local level, and provides an understanding of the formation of these bodies. The mechanism of election and appointment of senior officials of these bodies is considered, and the typology of management systems is given in accordance with different methods of election and appointment. These legal aspects are necessary to identify the interaction between the two branches of government in local government.

Methodology and materials: The work carries out a chronological analysis in the framework of comparing different concepts, typologies and opinions of scientists, and a prospective analysis is also carried out to identify the possibility of optimizing the sphere of interaction between local governments in order to achieve goals and objectives more effectively. A systematic analysis of legislation, federal laws and laws of the subject of the Russian Federation was also carried out in order to determine the powers of the head of the municipality and the head of the local administration of the municipality.

The results of the study: The author explores the regulatory framework of local self-government, the differences and similarities in the ways of appointing and electing governing bodies, presents a typology of governance, and also raises the issue of problems of interaction between representative and executive authorities at the local level.

Conclusion: Local self-government acts as a buffer between the population and public authorities, while at the local level there is a separation of powers into representative and executive. It is determined that at the legislative level in the Russian Federation, the mechanism of interaction between the two local governments is not fixed, which leads to a lack of integrity of the work of the municipality. It is revealed that it is necessary to establish clear forms of interaction between the municipal council and the local administration, as well as to introduce control over the execution of issues of local importance from the municipal council to the local administration.

117-125 183
Abstract

Introduction: The article is devoted to the issue of the continuity of the legal regime of awards of the Tuvan People’s Republic in the conditions of the TNR’s entry into the USSR in 1944.

Methodology and materials: The article is based on the sources and literature of the USSR, the TNR and the Tuvan ASSR: normative acts, archival documents, lists and personal files of those awarded state awards, certificates of awarding state awards, scientific literature on state awards of the USSR and the Republic of Tuva, as well as persons awarded state awards of the Republic of Tuva. Formal-dogmatic, comparative-legal, systemic-structural and historical research methods are used to consider the issue.

The results of the study: The article outlines the normative legal acts and documents pertaining to state awards, enabling the identification of issues related to the succession of the Republic of Tuva’s state awards to those of the USSR, particularly in the context of the Republic of Tuva’s integration into the USSR. It also includes references to the Republic of Tuva’s state awards within the USSR’s normative legal acts and documents concerning individuals who received USSR state awards, and it establishes a correlation between TNR state awards and USSR state awards.

Conclusions: Results refute the conclusion previously made by the researchers about the equating of the Republic of Tuva state awards to separate USSR state awards was refuted. This thesis is not supported by both the legal acts of the USSR on the succession of state awards, as well as other normative legal acts of the USSR, as well as documents issued by the governing bodies of the Tuva Autonomous Region of the RSFSR to persons who had previously been awarded state awards of the Republic of Tuva.

126-138 221
Abstract

Introduction: The development of electronic state systems in many countries worldwide determines the relevance of the article. An electronic state processes large volumes of personal data, including special categories, biometric ones. The purpose of the study is to analyze the peculiarities of personal data processing within state and municipal information systems and to develop proposals for improving legal regulation in this area while minimizing information security risks.

Materials and methods: The methodological basis of the study includes a systematic analysis of Russian and international legislation, as well as normative legal acts. The main results indicate that personal data have a dual legal nature, combining features of confidential information and professional secrecy. The study is based on materials from Russian and foreign legislation, as well as legal literature. The results of the study and their discussion: The dual nature of personal data has been identified: on the one hand, it constitutes confidential information that can be accessed with the owner’s consent, while on the other hand, it can be used without such consent, making it similar to information under secrecy regimes. It has been established that the greatest risks to information security and data processing within the framework of an electronic state arise during the creation and integration of state and municipal information systems. Legal, organizational, and technical measures to ensure information security have been analyzed, with an emphasis on the importance of their comprehensive application to mitigate threats.

Conclusions: It has been noted that the development of a digital state requires the formation of a balanced legislative framework that simultaneously ensures the protection of personal data and takes into account the interests of the state, society, and individuals. Additionally, the necessity of international unification of personal data processing rules, particularly within the context of the Eurasian Economic Union, as well as the harmonization of relevant national legislations, has been highlighted.

139-149 203
Abstract

Introduction: This article examines specific aspects of prosecutorial oversight in the sphere of foreign economic activity (FEA). The aim is to identify problems in law enforcement and propose avenues for amending the current legislation.

Methodology and materials: In writing this work, the author employed statistical, formal legal, and other research methods. These methods were used to analyze extensive data on the practical outcomes of prosecutorial bodies in the FEA sphere, its legal framework, and relevant law enforcement practices.

Results and discussion: Using the statistical method and based on current data regarding the performance of prosecutorial bodies in the FEA sphere, the author substantiates a trend towards strengthening the role of the state, represented by the prosecutor’s office, in protecting domestic foreign economic activity. By analyzing various theoretical approaches to understanding the functions of prosecutorial bodies, the author concludes that the term “state control” is applicable, as its specific nature fully captures this activity within the FEA sphere. Furthermore, the formal legal approach to studying the legal basis of prosecutorial activity in the FEA sphere led to the conclusion that the Federal Law “On the Prosecutor’s Office” should be supplemented with provisions regulating the activities of specialized transport prosecutor’s offices. These offices exercise direct control in the FEA sphere, aiming to prioritize this activity and further develop its scientific-theoretical and methodological foundation. Special attention is paid to the necessity of further liberalizing the norms of the Code of Administrative Offences of the Russian Federation pertaining to the customs sphere. This would help reduce administrative pressure on FEA entities by the Federal Customs Service, as well as lessen the burden on prosecutorial bodies by decreasing the conflict potential inherent in these legal relations.

Conclusions: The study substantiates the significance and current relevance of the topic. It proposes ways to improve the existing legislation and lays the groundwork for further development of the concept of “state control by the prosecutor’s office” as applied to the sphere of foreign economic activity.

150-160 206
Abstract

Introduction: the basis for building a system of principles of civil law is insufficiently studied in modern science. Its resolution plays not only a purely doctrinal role, but also has practical significance: resolving conflicts between individual principles of private law, interpreting norms, resolving special cases when applying the analogy of law with reference to the meaning of civil legislation. It is by referring to the basis for building a system of principles that the logic of the supreme courts should be interpreted, using the basic principles in forming their legal positions. At a first approximation, economic efficiency and social purpose, which do not fully correlate with each other during external preliminary study, can claim to be the foundations for building (that is, the basic conceptual positions) of the system of principles of civil law. The purpose of the study is to establish the basis for building a system of principles of civil law and to determine the possibility of practical use of the findings in connection with the existence of concepts of social purpose of law and economic analysis of law.

Methodology: various general scientific (analysis, synthesis, analogy) and special legal methods of cognition (comparative legal, dogmatic, methods of analysis of legislation and judicial practice) are used as research methods. A special role was played by the methods of legal modeling and system analysis of the principles of civil law.

Results: economic efficiency and social purpose do not contradict each other, as they perform different tasks, being of different orders. Other approaches to the foundations of building a system of principles of civil law do not deserve support.

Conclusions: the basis for building a system of principles of civil law is the social purpose of law, which allows resolving conflicts between principles for specific cases. However, social purpose is not a principle in itself. The concept of economic analysis of law should not be considered as the basis for building a system of principles of civil law, but is a methodological technique for interpreting legal norms, as well as an approach to the study of legal structures, including individual principles of civil law.

161-172 319
Abstract

Introduction: This article examines issues related to the civil regulation of supply contracts, as provided for by civil law and expressed in the form of norms and rules contained in codified documents.

Methodology and Materials: The study is based on comparative legal analysis and a systems approach, both developed by contemporary practicing lawyers and civil law scholars (A. A. Amosov, V. A. Belov, A. V. Mankieva, B. V. Avanesyan, D. V. Stepanov, and others). The primary research methods include the analysis and synthesis of business contracts.

Research results and discussion: The authors focus on disputes regarding the possibility of including other supplier rights in the contract, such as those related to delivery of goods. They note that one of the key aspects of civil law regulation of a supply contract is determining its form and ensuring compliance with all relevant requirements. Arbitration practice, which provides support in situations involving a breach of contractual requirements, is considered.

Conclusions: The corresponding conclusions and limitations are stated, stating that the right to withdraw from the contract may be granted only to the party that does not conduct (or does not carry out) entrepreneurial activity.

173-183 175
Abstract

Introduction: The modern legal regulation of territorial zones in the Russian Federation is characterized by a complex interweaving of public and private law elements. The evolution of land legislation in recent decades has led to the formation of a unique model that combines elements of different legal systems and historical traditions. This article attempts to conceptually comprehend the existing system through the concept of a three-element model of the legal regime of a territorial zone. This model reflects the transitional state of Russian land law, balancing between the Soviet legacy and the desire for market relations

Methodology and materials: The study is based on a comprehensive analysis of legislation, law enforcement practice and historical and legal traditions. As a methodological basis, a systematic approach to the study of the legal regime of territorial zones is used, including a comparative analysis of the elements of public and private law. Particular att tion is paid to conceptual modeling, which enables to identify the key components and features of the functioning of the legal regime within the framework of the three-element model.

Research results and their discussion: In the course of the study, it is revealed that the legal regime of a territorial zone consists of three interrelated elements, each of which reflects its legal nature and affects the legal status of the territory. This model demonstrates a complex interweaving of public law restrictions and private law institutions, which explains the uniqueness of the Russian approach. The dominant of public interests in the regulation of land ownership, which is preserved due to historical and socio-legal conditions, is noted.

Conclusions: In order to further improve the legal regulation of territorial zones, it is necessary to recognize the special nature of land ownership in Russia, where public interests traditionally prevail over private ones. The development of the legal model should take into account this specificity, ensuring a balanced combination of institutions and norms reflecting the transitional state of land law. Understanding the three-element model opens up new opportunities for systemic reform of legislation, considering historical traditions and modern challenges.

184-197 209
Abstract

Introduction: The swift evolution of digital asset technologies continues to outpace the development of comprehensive regulatory frameworks. In this context of legislative gaps, court rulings play a pivotal role in shaping the legal status of cryptocurrencies and mining, underscoring the relevance of a comparative analysis of their impact across different legal systems.

Methodology and materials: This study employs comparative legal and formal legal methods. Its analytical foundation comprises landmark court precedents from the Russian Federation and the United Kingdom, alongside relevant regulatory acts from both jurisdictions concerning digital assets.

Results of the study and their discussion: The analysis reveals that in Russia, amidst a fragmented legislative landscape, courts are actively formulating legal doctrines by classifying cryptocurrencies as property under the Civil Code and recognizing mining as an entrepreneurial activity. Conversely, in the UK, leveraging its flexible common law system, courts focus primarily on consumer protection and anti-fraud measures, adapting traditional legal concepts such as injunctive relief to new digital realities. The study identifies a fundamental divergence: a restrictive and cautious judicial stance in Russia contrasts with a more adaptive and balanced approach in British jurisprudence

Conclusions: The study concludes that judicial practice in both jurisdictions serves a compensatory role, addressing legislative voids. However, to foster legal certainty and encourage innovation, Russia requires more harmonized and detailed legislation on digital assets. The UK’s experience offers a valuable reference point in this regard, highlighting the need to align regulatory development with both national priorities and international trends.

OVERVIEW

198-211 592
Abstract

Introduction: Participants in the Seventh Baskin Readings reflected on the state of public and private law in the modern legal order and identified areas for new research. Public law institutions are called upon to shape and protect the institutional environment in which private interests are realized. The interpenetration of these legal principles is manifested in new areas: public-private partnerships, the privatization of state property by private entities, the conclusion and execution of state (public) contracts, etc. This interaction between private and public entities has in recent years generated new risks and may lead to increased mistrust between public authorities and private investors. Limiting public interest to private autonomy and resolving contradictions between private and public methods of legal regulation are possible only on a fundamental scientific basis. This overview of the presentations will help you become familiar with the latest research by Russian and international scholars, promoting the harmonization of interactions between public and private entities.

Methodology and materials: The comparative approach is predetermined by the conference theme itself; comparing public and private law allowed for the discovery of new facets of normativity. Public law is based on imperative regulatory methods, a hierarchical structure of regulations, and permissive patterns of behavior. Private law is built on discretion, equality of rights between parties, conventionality, entrepreneurial initiative, and other algorithms that facilitate the search for optimal conditions for satisfying interests and generating profit. The authors examined the ontological conflict between the methodologies under consideration using classical methods of legal research: analysis, synthesis, induction, and deduction. The hermeneutic method and legal modeling allowed for the creation of relevant descriptions of the ideas expressed by scholars, taking into account their professional affiliations and proposed theses. The authors described the Seventh Baskin Readings, presented welcoming remarks and papers at the plenary session, and presented the results of the section participants’ presentations.

Research Results and Discussion: The results demonstrate the need to rethink the traditional division of law into public and private, taking into account the transformation of classical notions of legal families and the structure of the legal order. At the conference, which brought together representatives from 10 countries and 30 leading universities, over 35 researchers presented, reflecting on key trends in the development of regulatory systems. The active participation of representatives from all branches of government, including judges from national and international jurisdictions, demonstrates the importance of exchanging scholarly opinions between private and public figures. The study confirms the importance of an cross-sectoral approach to studying the interaction of public and private law and the relevance of further interdisciplinary communication.

Conclusions: Conference participants noted the need to rethink the traditional division of law into public and private in the face of modern challenges, including digitalization and globalization. An analysis of the presentations demonstrates the existence of a gap between private and public law in the post-Soviet academic paradigm. A call was made to rethink the dogmatic notions inherited from the Soviet legal structure and reproduced in the educational process. There is a clear need to develop an integrative approach to the sectoral division of law and a transition from the tripartite legal structure of “sector – institution – norm” to a more complex construct that corresponds to the real legal order.



ISSN 3034-2813 (Online)