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Theoretical and Applied Law

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No 3 (2026)
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FROM THE EDITOR-IN-CHIEF

ARTICLES

14-34 10
Abstract

Introduction: Using the example of the law school of the North-West Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, the article examines the concept, characteristics and main criteria for identifying scientific schools. The relevance of the subject of this work is determined not only by the insufficient research of the material (although several interesting scientific works were devoted to the activities of the founders of the law school of the Presidential Academy in St. Petersburg, including K. K. Lebedev, M. O. Akishin et al.), but also the importance of the very problem of institutionalization of law schools in the context of the transition to postclassical (post-nonclassical) scientific rationality. Methodology and materials: The application of postclassical methodology allows us to conclude that every scientific school is not only an institutional form of organization of scientists’ activities, but also a complex self-developing system of ideas implemented at three main levels: philosophical and methodological, the level of branch theories and the level of applied (practical) research. The synergy of all three of the above levels constructs a unified picture of legal reality that meets the criteria of scientific rationality. The results and discussion: The article examines in detail the views of the most significant representatives of the scientific school of the Faculty of Law of the Presidential Academy (St. Petersburg), namely L. I. Antonova, Y. Ya. Baskin and V. A. Sapun. It was shown that the work of these scientists gave a powerful impetus to the development of all Russian legal sciences, primarily philosophy and general theory of law, the sciences of international law, labor law and civil law. Thus, the conclusion is drawn that the law scientific school of the NWAPA — NWIM of the RANEPA is not a local, intra-university, but a phenomenon of general importance for modern legal science, quite comparable with St. Petersburg, Moscow, Yekaterinburg and other leading schools. Conclusion: The Law School of the Presidential Academy has formed a unique research discourse that makes it possible to see in its leading representatives (Yu. Ya. Baskin, V. A. Sapun, L. I. Antonova and others) the founders of postclassical legal understanding, which occupied leading positions in Russian jurisprudence in the first quarter of the 21st century. Nowadays, its representatives carry out active scientific, pedagogical and expert consulting activities, which allows the scientific school to maintain a high potential for further development.

35-49 8
Abstract

Introduction: The article analyzes volitional relations as the content of formal legal constructs. The
objective of the study is to identify and demonstrate the fundamental principles of the interdependence
of the constructive legal form and the volitional content in public and private law.
Methods and materials: The methodological basis of the study is a formal-content approach and
an understanding of the dialectical interdependence of form and content. To achieve this, the article
also identifies the logical foundations of the species gradation of relations: equivalence, subordination,
intersection, and the relationship between part and whole. Research results and discussion: The author substantiates that, in accordance with the logical foundations of equivalence, subordination, and intersection, the legal framework can be represented by the concepts of volitional unity and equality, as well as by the concepts of imperative and dispositive
relations. Moreover, all of these logical foundations of legal constructs are presented in the logic of
comparing parts and wholes, i. e., in the relationship between private and public will. The topic of volitional relations is discussed in terms of the fundamental concepts of subjectivity, will, volitional activity, and volitional interaction. Conclusions: A legal construct is a way of solving legally significant tasks, presented and formulated as the result of discrete professional understanding of the logic of volitional relations. The general concept of volitional relations, focused on legal activity, provides a theoretical basis for understanding the semantic content of fundamental categories of public and private law. 

50-61 8
Abstract

Introduction: The article is devoted to the contribution of Simón Bolívar, the leader of the fighting for liberation of the peoples of Latin America from colonial dependence, to the development of the constitutional institution of human rights and duties, as well as to their concepts. Methodology and materials: The author analyses the constitutional drafts of Bolívar, other documents, reflected his political and legal ideas. These drafts are compared with adopted Constitutions of Venezuela in 1819 and Bolivia in 1826, and their ideological and legal sources. Russian and foreign publications devoted to Bolívar’s constitutional doctrine and other aspects of the subject matter are examined. Preparing the article, formal-dogmatic, comparative-legal, systemic-structural and historical research methods were used. Research results: This paper deals with two milestones in Bolívar’s legislative formulation of individual rights and duties, represented by the relevant institution in his drafts of constitutions of Venezuela of 1819 and of Bolivia of 1826. These acts reflected the evolution of Bolívar’s political and legal ideas, determined by military-political situations and dominant constitutional doctrines and models. Conclusions: Bolívar’s systematic and conceptually sophisticated approach to understanding rights and duties as a basis of constitutional status of any individual predetermined by their interrelationship, is noticed, as well as the mutual dependence of the individual (citizen) and society (social body), presented in the classification of citizen’s duties. Special attention is done to the significance of human rights in 1819 and of duties of Bolivians in 1826 in the binomial “rights — duties”. The role of provisions on human rights and citizen’s duties in shaping the principles of the constitutional order established in 1819 and the concept of the state and of its functions in 1826 is revealed.

62-71 10
Abstract

Introduction: The article is devoted to the description of the contribution of French constitutionalism to the emergence and development of the institution of constitutional control. The study offers a translation into Russian of the project on the establishment of the Constitutional Jury (still not implemented), describes the history of its discussion, implementation during the First and Second Empires in France, and also provides an assessment of the effectiveness of constitutional control in the designated periods. Methodology and materials: Due to the fact that in Russian science E.-J. Sieyès’s ideas on constitutional control have not become a subject of study, although they are occasionally mentioned by some Russian-speaking authors, the study is based mainly on French sources. In preparing the material, formal-dogmatic, systemic, comparative and historical research methods were used. Results of the study: The first proposals for the establishment of constitutional control in France in the 18th century, as well as the reasons for their development, are identified and briefly described. The author characterized the project for the organization of constitutional control by Emmanuel-Joseph Sieyes in 1795. The researcher describes the status of the Protective Senate, established on the basis of the ideas of E.-J. Sieyes in 1799, as well as the procedure for the formation and powers of the Senate during the Second Empire in France. The effectiveness of their activities is assessed. Conclusions: The constitutional experience of France in the 18th–19th centuries in establishing a body of constitutional control, based on the ideas of E.-J. Sieyes, was the first in political and legal history. It had the following characteristic features: vesting this function in a specialized, rather than a judicial body; granting it related rights, such as the right to initiate amendments to the Constitution, the right of the institution to propose draft laws of national importance; to consider complaints on violations of the rights and freedoms of citizens; to exercise control over laws not only for compliance with the Constitution, but also with religion, morality, freedom of religion, personal freedom, equality of citizens before the law, inviolability of property and the principle of irrevocability of judges; a wide range of persons authorized to apply to this body.

72-82 16
Abstract

Introduction: The relevance of this study is driven by the objective need for theoretical understanding and practical improvement of mechanisms for implementing fundamental economic freedoms—freedom of movement and freedom of labor—in the context of deepening interstate integration and the formation of a single labor market. In modern legal doctrine, the issue of harmonizing the supranational standards of the EAEU with the national constitutional guarantees of the member states is of critical importance. The dynamic transformation of migration processes challenges constitutional law to find an optimal balance between protecting national interests, ensuring state security, and complying with international obligations to create a comfortable environment for the labor activity of citizens of the Union countries. Methodology and materials: The objective is to provide a comprehensive constitutional and legal understanding of the legal status of migrant workers within the EAEU, identify the regulatory content and implementation specifics of freedom of movement and freedom of labor as key elements of the single labor market, and determine the constitutional and legal limits, guarantees, and mechanisms for aligning the Union’s integration regulations with the national legal systems of member states. The methodological basis is based on recognized general and specific scientific methods of inquiry used in legal scholarship. Empirical data is represented by statistical information from the EEC and other publicly available sources. The results of the study were obtained on the basis of a comparative legal analysis of the provisions of Art. 97 and 98 of the Treaty on the EAEU and the practice of their application. It is shown that the main challenges in the field of constitutional and legal regulation of the status of migrant workers are related to the incomplete consistency of the national legal regimes of the Member States, differences in administrative procedures for admission to work and social security, the persistence of practical barriers to the implementation of freedom of movement, recognition of documents on education and qualifications, access to medical and other social guarantees. Conclusions: Taking into account the difficulty of achieving a balance between the integration goals of the EAEU and the sovereign powers of states, changes to the institutional instruments of the Union are proposed to ensure the implementation of contractual conditions.

83-97 7
Abstract

Introduction: This article examines the gradual transition from the classical Weberian model of bureaucracy (based on the basic characteristics of the classical state) to algocracy in the context of the digital transformation of public administration and evaluates the concept of GovTech in the modern world. Methodology: This paper makes extensive use of a comparative legal research method, highlighting approaches to the digital transformation of public administration in the United States, Germany, Uzbekistan, France, and Singapore. A formal legal interpretation method is also applied to assess the platformization (the “GosTech” system) of public administration in the Russian Federation. Research Results: This article identifies the stages of digitalization of public administration. The first stage is associated with the technical provision (instrumental computerization and automation) of government agencies with office equipment, including computers, copying machines, and printers. The second stage is defined by a qualitative shift and the emergence of a special, distinctive concept: e-government. The third stage is the implementation of the GovTech principle, which refers to a new paradigm (an integrated ecosystem) for the exercise of public authority based on the end-to-end integration of digital platforms, big data, and algorithmic systems (including artificial intelligence) into the very essence of public administration. Conclusions: Systemic constitutional and legal risks are identified: 1) the hidden deinstitutionalization of the state; 2) the emergence of a competitor in the field of public relations management in the form of transnational IT corporations (Big Tech); 3) the radical erosion of the human element from the space of public legal relations, leading to a crisis of anthropocentrism. A path of minimization is presented – a paradigm of co-operation, embodied in the “Society 5.0” project, an element of which is the “humanin-the-loop” principle.

98-109 9
Abstract

Introduction: The article is devoted to studying the mechanism for implementing strategic planning documents by examining their relationship with the legal forms of public administration commonly recognized in legal literature — legal acts, legally significant actions, etc. — through the identification of elements of strategic planning documents that possess normative, individual-legal, or other legal properties. Methods and materials: Based on formal-legal, analytical, system-structural, and dogmatic scientific methods, the legal mechanism for implementing certain types of strategic planning documents — strategies, concepts, national projects, state programs, messages from the President of the Russian Federation to the Federal Assembly of the Russian Federation, state forecasts, and territorial planning schemes — has been studied. Research results: Based on the fact that the structure and content of strategic planning documents contain provisions in different proportions that can be attributed to a variety of unilateral power decisions aimed at an indefinite circle of people and at repeated execution, and to individual decisions (instructions), they contain statistical data, i. e. there is a statement of facts, and There are also provisions of predictive and (or) variable content, and there is no single mechanism for implementing strategic planning documents. It appears that the mechanism for their implementation should include the right of higher authorities to overturn decisions made by lower authorities on the basis of incorrect interpretation or application of the provisions of strategic planning documents. Conclusions: The expediency of classifying strategic planning documents as an independent legal form of public administration is substantiated, and the mechanisms for their implementation are enshrined directly in the articles of the Federal Law.

110-122 8
Abstract

Introduction: The article discusses the legal guarantees of elections and the observance of citizens’ electoral rights in emergency circumstances. The purpose of this article is to identify these guarantees and related current issues in accordance with Russian law. The subject of the study includes constitutional and legal principles of elections, Russian legislation regulating electoral relations in the field of voting in extraordinary circumstances, by-laws of the Central Election Commission of the Russian Federation. The purpose of the article is to determine the legal guarantees for holding elections in extraordinary circumstances in accordance with Russian legislation. Methodology and materials: general and particular scientific methods of cognition. The author used the analysis method to identify the features of some methods of regulation (postponement and suspension of elections). Using a formally dogmatic method, the author came to the conclusion that there is a legal gap in the voting procedure in extraordinary circumstances. The synthesis method made it possible to take into account the disadvantages of remote electronic voting and come to a conclusion about the risks when using this form of voting. Research results: The methods of legal regulation at the stage of holding elections in emergency situations have been identified. Elections may be postponed or suspended. These decisions can be made, among other things, based on consultations with law enforcement agencies in order to plan elections as a set of numerous measures and analysis of risks. Termination of elections is not provided for by the current legislation. The legal uncertainty of using the category of “postponement of elections” in the presence of a threat to the life and health of citizens is substantiated. The alternative voting methods provided for by the current legislation are analyzed. Some types of early voting do not provide for a voter to visit a polling station. Remote electronic voting has obvious advantages. However, at the moment, the legal regulation of the remote electronic voting system in Russia has serious drawbacks. The inadmissibility of using remote electronic voting as the only form of voting is substantiated. A legal gap has been identified in the electoral legislation in the form of the lack of sufficient regulation of the voting procedure when moving election documents by members of the precinct election commission in the event of a threat to the life and health of persons present at the polling station. The future regulations should reflect not only the consistent order of organizational actions of PEC members, including the suspension / resumption of voting at the PEC, the preservation of election documentation, but also consolidate the provisions on the protection of life and health of PEC members, observers and other persons located in the premises of the PEC. Conclusions: The study of legal guarantees for holding elections in emergency circumstances will make it possible to develop a concept of measures aimed at minimizing the negative consequences of certain social and natural phenomena in the field of electoral law. The regulatory approval of the relevant rules will eliminate legal uncertainty in this area, and therefore the actions of participants in the electoral process in critical situations will be determined.

123-136 9
Abstract

Introduction: International soft law norms emphasize the central role of bodies of the judicial community in all decisions affecting judicial status to ensure independence. In contrast, Russian law involves a broader range of actors in safeguarding judicial immunity — including both judicial community bodies and panels of judges from higher courts. Methodology and materials: The aim of this study is to identify the specific features of three-judge panels that determine their legal nature within the judicial system. This goal was achieved through an analysis of national legal sources regulating the organization and functioning of such panels, international soft-law standards on judicial independence and impartiality, judicial practice, and academic literature. Methodologically, the research combines general scientific methods (analysis, synthesis, induction) with comparative and formal legal approaches. The results of the study: Judicial panels are professional bodies of judges that are not formal structural units of the courts in which they operate. Current law provides no criteria for their composition, no procedures for nominating members, and no requirements for judicial rotation. An analysis of their jurisdiction and case law shows that their main procedural function is to protect judges from unwarranted or politically motivated prosecution. Conclusions: The author contends that judicial panels have a hybrid legal nature: they share features of bodies of the judicial community while also exercising judicial authority, particularly oversight of law enforcement during pre-trial and trial proceedings involving judges. At the same time, their work is largely palliative, as panels do not provide an effective legal mechanism for safeguarding judicial immunity.

137-155 7
Abstract

Introduction: The international activity of courts unrelated directly to administration of justice has not ceased despite ongoing conflicts and political confrontations. Activities of associations of higher courts, particularly those of constitutional review bodies, remain understudied. However, such associations are numerous, and work of some of them is relevant to the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation is a member of two analyzed associations: The Asian and Eurasian Associations, and an observer in the African Association. These associations are highly active, and demonstrate commitment to initially stated goals common to such entities — primarily promoting judicial cooperation and mutual support. The status and nature of the activities of associations of constitutional review bodies may be interesting to a researcher due to their continuous activities, as well as the diverse and noteworthy results, which are often public. Methodology: The present paper utilizes available materials and draws on general scientific and specialized research methods: the dialectical method, the systemic legal method, the formal legal method, and the comparative legal method. Results and Discussion: These methods were deployed for analysis of activities of these associations, concluding interactions within them are positive and useful. At the same time, it was shown that the Constitutional Court of Russia’ withdrawal from the European and World Conferences was justified by their clear deviation from their statutory goals and their use to promote foreign policy agendas of individual states, essentially for naming and shaming, a practice characteristic of non-governmental organizations rather than judicial associations. Conclusion: The materials studied indicate that “judicial diplomacy”, including within the framework of associations of constitutional review bodies, does not require normative regulation since it develops naturally, does not affect the competence of foreign policy agencies, does not entail legal obligations for the state; and the factor limiting possible excesses is above all the court’s responsible understanding of its function

156-167 7
Abstract

Introduction: The article is devoted to the study of the practice of applying restrictive measures in Spain during 2020–2021. The relevance of the work is due to the need to study foreign doctrinal developments in order to identify problematic aspects and possible reception of promising practices. Particular attention is paid to the issue of the moral obsolescence of legal provisions in the context of protecting constitutional values. The aim of the study is to provide a comprehensive analysis of the provisions of the Spanish Constitution and legislation concerning the introduction of restrictive measures, with a view to identifying the level of their normative “plasticity”. Methodology and materials: The study is based on the Constitution of Spain, national and regional legislation, Royal Decree-Laws, decisions of the Spanish Constitutional Court, and scholarly literature. The research employs inductive, formal-dogmatic, and formal-legal methods used to analyze, interpret, and systematize legal norms. The methodology is determined by the scholarly objective of conceptualizing the problem of adapting social relations under the functioning of special governance regimes. In the course of social progression, these regimes retain relative stability, which gives rise to a collision of private and public interests and creates an imbalance of guarantees. Results and discussion: The period of 2020–2021 posed a non-trivial challenge regarding the introduction of restrictive measures under circumstances only conditionally familiar to Spanish practice. An analysis of regulatory provisions, judicial practice, and scholarly research revealed a number of legal defects: 1. The existence of a conflict of competences among public authorities as defined in art. 148–149 of the Spanish Constitution (healthcare, coordination of governance, and regulation of human rights). The specific lexical construction of legal norms contributes to institutional disharmony and negatively affects the assessment of the normative “plasticity” of legal sources. 2. The “state of alarm” regime does not provide for the restriction of human rights, a measure permitted under the declaration of a “state of emergency”. An analysis of the Spanish Constitution, Spain’s Law of June 1 № 4/1981, Royal Decree-Laws, and decisions of the Spanish Constitutional Court shows that the COVID-19 epidemic met the criteria of both regimes, which led to difficulties in legal interpretation. 3. The existing institutional “center – autonomies” model predetermines the heterogeneity of law enforcement, which is positive for cultural individualization but problematic for maintaining a unified system of human rights guarantees. Conclusions: The examined example of a local political crisis represents a concentrated expression of the vulnerabilities of Spain’s national legal system. The overall level of “plasticity” of normative sources should be recognized as low, which is explained by the specifics of their lexical and semantic construction (the multiple interpretations of Articles 55, 148, and 149 of the Spanish Constitution), as well as the historically conservative nature of Spanish constitutionalism. The need to reconsider the legal category of the “state of alarm” is emphasized. The formulated conclusions have practical significance, as the issue of adaptability of constitutional material is universal, indicating the need for doctrinal revision in other national legal systems as well.

168-179 8
Abstract

Introduction: Law enforcement practice has seen conflicting approaches to legal responsibility of municipal representative bodies in case of prevention of conflicts of interest. In December 2025, this issue was reviewed by the Constitutional Court of the Russian Federation, who formulated new vectors for shaping law enforcement practice and improving legislation. Methodology and materials: The purpose of this article is to distinguish between perceived and actual conflicts of interest in the activities of municipal representative bodies, taking into account the legal positions of the Constitutional Court of the Russian Federation. The methodological basis of the research was made up of dialectical and systemic methods, formal legal analysis and comparative legal method. Research results: A conflict of interest may be supposed and represent only a formal violation of legal requirements, or real, when an official actually intended to use his or her authority to gain a benefit. However, the following circumstances do not exclude a conflict of interest: the exercise of a deputy’s powers on a temporary basis; the deputy’s lack of the right to make decisions on their own and/ or issue instructions to other deputies; the deputy’s lack of a leadership position in the representative body; the initiation of a decision that determines a conflict of interest by another person; and the non-determinative significance of a specific deputy’s vote. The authors also propose introducing differentiated liability measures applicable to municipal representative body deputies in the event of their failure to take measures to resolve a conflict of interest. Conclusions: The conflict of interest model enshrined in federal legislation needs to be rationalized, taking into account rational choice theory, data on social conflicts and the behavioral strategies of their participants, and the need to differentiate responsibility measures.

180-190 7
Abstract

Introduction: The article examines the essence of citizen self-organisation within the local self-government system and analyses the transformation of this institution in the Russian Federation following the adoption of a new federal law in March 2025 regulating the general principles of its implementation. The key problem addressed in the work lies in the conceptual revision of the legislative definition of local self-government: it is no longer defined as a form of the people exercising their power and is instead interpreted primarily as a form of citizen self-organisation, for which power serves merely as a goal rather than a means of implementation. This fundamental change raises the question of preserving the constitutional autonomy of local self-government as an independent and separate level of public authority, necessitating profound theoretical reconsideration. Methodology: The aim of the study is to assess the consequences of modifying the basic definition for institutions of direct democracy. The methodological framework is based on a comparative legal analysis of the provisions of the previously effective law and the new law, as well as on a systemic approach that allows for an objective assessment of the relationship between the change in the basic definition and the transformation of direct democracy institutions at the municipal level. Results: The author identifies a number of sustained trends, including the consistent reduction of imperative forms of popular rule, the gradual replacement of direct forms of citizen expression with consultative mechanisms producing recommendations rather than binding decisions, and the continued limitation of direct popular elections of heads of municipalities. Conclusions: Citizen self-organisation in the context of local self-government represents a complex phenomenon that must simultaneously encompass socio-political and socio-economic components. The shift in emphasis from “exercising power” to “self-organisation” creates a risk of substituting the constitutional essence of this institution of authority with a form of civic activism. The practical significance of the work lies in the potential application of its findings in the improvement of municipal legislation, in expert activities, and in teaching courses on constitutional and municipal law in higher education. Prospects for further research involve monitoring the law enforcement practice of the new legislation.

191-203 7
Abstract

Introduction: This article is devoted to discussion with Professor S. V. Zapolsky about institute of money issue, which according the author has the potential to develop into a broad discussion of this institute within framework of financial science as branch legal science. The legal nature of money issue is being considered, its understanding by some representatives of science of financial law. It is stated that there is no common understanding of money issue. Finance is main category of science of finance law. Their relationship with money issue was shown. It is noted that understanding of finance as object of financial activity of state is possible as in both a narrow and broad sense. It was concluded that to a great extent financial management is carried out through taxes and fees, through execution of the federal budget and other budgets of the country’s budget system. From a scientific point of view, it is more correct to say not about law of issue but about monetary law within institute of issue is being considered, legal regulation of issue’s relations. Methodology and materials: The research uses general scientific (dialectical, structural and functional, formal dogmatic), interdisciplinary (historical, specific sociological), special legal (comparative legal, legal dogmatic) methods. The material base: scientific articles, educational literature, Russian financial and administrative legislation. Results of the study and their discussion: The conducted study allowed to determine the legal nature of money issue as kind of states finance activity, substantiates the position that money issue is not a key institute of financial management. This study stimulates scientific discussion about the place of institute of money issue in system of finance law, provides an opportunity to attract attention of interested representatives of science of finance law to discussion of important theoretical problem for this Branch of Law Science. Conclusions: It is deeply erroneous to say the right to issue is a key element of financial management. It’s more correct to say not about law to issue but about law of money circulation within the framework of which the institution of emission is examined.

204-220 7
Abstract

Introduction: As a result of the control (supervision) reform carried out in 2021, Federal Law No. 248-FZ dated 07/31/2020 “On State Control (Supervision) and Municipal Control in the Russian Federation” was adopted and was supposed to replace Federal Law No. 294-FZ dated 12/26/2008 “On State Control (Supervision) and Municipal Control in the Russian Federation” as the main legal act in the field of control (supervision) protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control, which was supposed to lose its legal force in 2024, but it was extended for another year, and it has been extended twice and is still valid. At the same time, the legislation provided for another withdrawal of certain types of control (supervision) from general regulation. Methodology and materials: The purpose of the study is to analyze the causes of the restriction of general regulation and the problems that such a restriction generates. The following methods of scientific knowledge were used in writing the work: general scientific (analysis, synthesis, induction, generalization, comparison) and special (interpretation of legal norms, comparative law). Results results: Based on the analysis of current legislation, the reasons for the simultaneous existence of both two legislative acts regulating related legal relations in the field of control (supervision) and exemptions from general legislative regulation are described. The legal basis of the activities of control (supervisory) bodies in the context of modern legislation is investigated. The necessity of improving legislation to overcome the limitations of uniform rules of control (supervision) and with the help of which tools is substantiated. Conclusions: The study concluded that the existence of two simultaneously valid federal acts regulating legal relations arising from the exercise of control (supervision) is due to the mistakes of the legislator, who simultaneously allows the establishment of special regulation for individual control (supervisory) bodies and at the same time tries to maintain uniform rules of operation for as many supervisors as possible. In conclusion, the author’s recommendations are formulated.

221-234 14
Abstract

Introduction: Drawing on the legal orders of the United States, the European Union, and the Russian Federation, the article provides a comparative legal analysis of three regulatory models governing the use of unmanned aircraft (UA; drones, unmanned aerial vehicles (UAVs)) by public authorities for government oversight: the U.S. model, based on a combination of aviation rules and constitutional safeguards against unreasonable searches under the Fourth Amendment; the European model, centered on personal data protection (GDPR, Directive (EU) 2016/680) and proportionality; and the Russian model, focused primarily on aviation and technical requirements, with privacy and accountability issues remaining insufficiently developed. The purpose of the study is to determine whether any of these models simultaneously addresses three key issues: legal certainty of supervisory powers, protection of privacy, and mitigation of technical risks (cybersecurity and algorithmic bias). Methodology and materials: The study uses comparative legal and formal legal methods. It analyzes legal acts of the three jurisdictions (the United States, the EU, and the Russian Federation), including Commission Implementing Regulation (EU) 2019/947, the GDPR, the EU Artificial Intelligence Act (AI Act), the Air Code of the Russian Federation, Federal Law No. 248-FZ On State Control (Supervision) and Municipal Control in the Russian Federation, and the Federal Law On Police, as well as case law and academic literature. Results and discussion: The U.S. model is the most developed in terms of constitutional safeguards against unjustified surveillance, but it is multi-level and fragmented: federal law sets aviation requirements and general constitutional limits on government intrusion into privacy, while specific restrictions on the use of unmanned aircraft by law-enforcement and other public authorities are to a significant extent established by state law. The European model provides a mature personal data protection framework (GDPR, DPIA, AI Act), although implementation and national rules remain uneven. The Russian model prioritizes aviation safety, while personal data protection and accountability in the use of unmanned aircraft remain insufficiently developed. The article also examines the legal implications of integrating computer vision algorithms into supervisory systems and identifies the risk of function creep. Conclusions: The article substantiates the need for an integrated legal regime incorporating privacy by design, mandatory audits of algorithmic systems, cybersecurity standards for unmanned aircraft, and mechanisms of public accountability. It formulates de lege ferenda proposals: supplementing Federal Law No. 248-FZ with rules governing the use of unmanned aircraft, introducing a personal data protection impact assessment, and extending cybersecurity requirements to the information systems of unmanned aircraft used for government oversight.



ISSN 3034-2813 (Online)