Release: 2025-4 (48)
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DOI: 10.21777/2587-9472-2025-4-7-13
Keywords: cybersecurity, digitalization, information society, regulatory legal acts, legal system, cyber threats
Annotation: The article is devoted to the issues of regulatory and legal regulation of cybersecurity in the modern digital world, where information systems, networks and data have become the objects of constant cyber attacks and threats. The study focuses on analyzing the existing legislative framework of the Russian Federation regulating the area of cybersecurity as an interdisciplinary legal institution, and on identifying the changes that have occurred in this area in recent years. One of the objectives of the work is also a selective analysis of foreign experience in the area of cybersecurity by examining the contents of relevant strategies for comparative analysis with the Russian reality. In addition, this article outlines the author’s positions on the definitions of «information security» and «cybersecurity»; an analysis of current versions of legal norms on information security. In general, the analysis of cybersecurity as an interdisciplinary legal institution contributes to an understanding of current problems and prospects for its further development, and may be useful for both cybersecurity specialists and researchers interested in ensuring the protection of individual rights and freedoms in a digital society. In the text of the article, the Russian Federation is abbreviated as RF.
ORGANIZATIONAL AND LEGAL FORMS OF COMMERCIAL CORPORATIONS IN THE REPUBLIC OF INDIA
DOI: 10.21777/2587-9472-2025-4-14-19
Keywords: company, commercial corporation, trade and economic cooperation, joint stock company, corporate responsibil- ity, Republic of India, Indian law
Annotation: The purpose of the study is to analyze the provisions of the Companies Act of the Republic of India (2013), as well as other sources that determine the organizational and legal forms of conducting business activities by commercial corporations. Research of terminological and semantic features of names of Indian corporations in comparison with Russian companies, identification of specifics of legal business structures under the legislation of India, definition of the legal basis and advantages of organizational and legal forms of Indian commercial companies for a better understanding of the legal mechanisms of commercial interaction between India and Russia; assessment of the effectiveness of the diversity of organizational and legal forms of commercial corpo- rations under the legislation of the Republic of India and consideration of the possibility of improving Russian legislation taking into account Russian realities. It is concluded that India’s legal experience can help Russian companies planning to work with the Indian market to understand the specifics of doing business in this country. Methodology: general scientific methods of scientific cognition (analysis, induction, comparison, generalization) and private methods of legal science, including formal legal, comparative legal, method of legal dogmatics, content analysis of legislative acts, court decisions and precedents. In the text of the article, the Russian Federation is abbreviated as RF.
CLASSIFICATION OF TYPES AND FORMS OF ABUSE OF RIGHTS IN INSOLVENCY (BANKRUPTCY) OF LEGAL ENTITIES
DOI: 10.21777/2587-9472-2025-4-20-30
Keywords: abuse of rights, bankruptcy, insolvency, chicane, transaction, violation of rights, protection of bona fide persons, lawful conduct
Annotation: The subject of this study is the specificities of distinguishing cases of abuse of rights in the framework of insol- vency (bankruptcy) proceedings of legal entities. The author uses a logical classification technique that provides a systematic look at the usually proposed chaotic definition of forms (types) of abuse of law in bankruptcy. The issues of the relationship between form and content in the context of abuse of rights as a special type of behavior are investigated. As a result, the author suggests considering the types of abuse of law in bankruptcy without separating this type of misconduct from its harmful results. The work criticizes both the positions of researchers who identify forms and types of abuse of rights in bankruptcy and the opinions of scientists who distinguish be- tween these concepts, but not always on the right grounds, or draw incorrect conclusions from such distinctions. The need to distinguish six forms (types) of abuse of rights in bankruptcy of legal entities, which are distinguished from types of abuse of rights, is substantiated. New arguments are presented to support the classification of abuse of law in bankruptcy as proposed in the doctrine, as well as additional classifications. These additions should include possible changes in civil legislation aimed at protecting the interests of participants in the insolvency (bankruptcy) case of legal entities, other interested parties, the State and society as a whole from misconduct resulting in abuse of law. In the text of the article, the Russian Federation is abbreviated as RF.
THE ROLE OF JUDICIAL PRACTICE IN FILLING GAPS IN CRIMINAL LAW (ISSUES OF THEORY AND HISTORY)
DOI: 10.21777/2587-9472-2025-4-31-36
Keywords: criminal law; gap in law; judicial practice; analogy of statute; analogy of law; Supreme Court of the Russian Federation; Constitutional Court of the Russian Federation; judicial interpretation
Annotation: The article is devoted to the study of judicial practice as one of the most significant instruments for overcom- ing gaps in criminal law. Theoretical and legal foundations of legal gaps, their correlation with the analogy of statute and the analogy of law, as well as the specifics of judicial interpretation in the context of the principle of legality are considered. Particular attention is paid to the historical stages of the forming of the role of judicial practice in Russia — from the pre-revolutionary interpretation of laws by the Senate to the modern practice of the Constitutional Court and the Supreme Court of the Russian Federation. The impact of the Supreme Court Plenum resolutions on filling gaps in the regulation of new types of crime, including cybercrime and extremism, is analyzed. It is concluded that judicial practice in criminal law has a dual nature: on the one hand, it ensures legal certainty and fills legislative lacunae, and on the other hand, it entails the risks of “judicial law-making” and blurring of the principle of legality. In the text of the article, the Russian Federation is abbreviated as RF.
GENERAL PRINCIPLES OF SENTENCING AND IDENTIFICATION OF THE PERPETRATOR OF THEFT OF ENERGY CARRIERS FROM PIPELINES
DOI: 10.21777/2587-9472-2025-4-37-44
Keywords: theft from a pipeline, oil, petroleum products, gas, theft of energy resources, sentencing, criminal identity, criminological characteristics, differentiation of responsibility
Annotation: This article analyzes the general principles of sentencing and criminological characteristics of the perpetrator’s personality in relation to such a specific crime as theft from an oil pipeline, an oil product pipeline or a gas pipe- line (paragraph “b” of Part 3 of Article 158 of the Criminal Code of the Russian Federation). The relevance of this study is determined by the high social danger of these acts and the presence of pronounced problems in law enforcement practice that require scientific understanding. The methodological basis was a systematic analysis of the materials of criminal cases, which made it possible to differentiate criminal attacks into two main groups: theft of oil and petroleum products, and theft of gas. The study showed that, despite the uniform criminal law norm, judicial practice demonstrates a sustainable differentiated approach. It was found that in the vast majority of cases (85 %), actual imprisonment is imposed for the theft of oil and petroleum products, while a suspended sentence is almost always applied for the theft of gas (97 %). Punishments such as fines and forced labor are imposed only in isolated cases (15 % and 2 %, respectively). The article analyzes in detail the typical mitigating and aggravating circumstances, as well as presents a criminological portrait of the perpetrators, which differs significantly for the two groups in motivation, level of organization and socio-demographic indicators. In the text of the article, the Russian Federation is abbreviated as RF.
RELEVANT ISSUES OF CRIMINAL LIABILITY FOR THEFT COMMITTED WITH THE USE OF VIOLENCE
DOI: 10.21777/2587-9472-2025-4-45-51
Keywords: theft; robbery; assault; violence that is not life-threatening or health-threatening; violence that is life-threatening or health-threatening
Annotation: The article discusses the features of the qualification of thefts committed with the use of violence. The number of such acts continues to grow, which confirms the relevance of the issues under consideration. The subject of the study is the criminal law norms that provide for liability for malicious encroachments on property that involve the use of violence, both dangerous and not dangerous to life or health. The purpose of the study is to propose criteria for distinguishing between robbery and assault, as well as to substantiate proposals for their correct classification. The article provides examples from forensic and investigative practice that illustrate the issues of classifying thefts involving violence. The following methods were used in the study: formal-logical, comparative- legal, as well as analysis, synthesis, and deduction. The novelty of the research lies in the fact that the author, based on a generalization of judicial practice, has provided clearer suggestions for qualifying the actions that are being frustrated in order to avoid errors in the law enforcement sphere. In the text of the article, the Russian Federation is abbreviated as RF.
FEATURES OF QUALIFYING THE USE OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE (ARTICLE 318 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)
DOI: 10.21777/2587-9472-2025-4-52-57
Keywords: encroachment on life, law enforcement officer, violence, government official, threat of murder, threat of violence, article 318 of the Criminal Code of the Russian Federation
Annotation: The article examines the features of the qualification of the use of violence against a government official, since nowadays the number of such acts is increasing, which confirms the relevance of this topic. The subject of the research is the criminal law norm establishing liability for the use of violence against a government representative (Article 318 of the Criminal Code of the Russian Federation). The study aims to substantiate proposals for the qualification of the crime under Article 318 of the Criminal Code of the Russian Federation. The article provides examples from forensic investigative practices regarding the qualification of violence against government repre- sentatives. The following methods were used in the course of the research: formal-logical, comparative-legal, as well as analysis, synthesis, deduction. The novelty of the research lies in the author’s proposals for qualifying the use of violence against a government representative (Article 318 of the Criminal Code of the Russian Federa- tion), aimed at preventing errors in law enforcement, particularly in cases of its indirect commission — through the use of information and telecommunication networks. In the text of the article, the Russian Federation is abbreviated as RF.
THE PHILOSOPHY OF HUMANISM IN CRIMINAL LAW
DOI: 10.21777/2587-9472-2025-4-58-66
Keywords: humanism, criminal law, principles of criminal law, criminality, punishment, justice, state coercion
Annotation: The article describes the principle of humanism in the framework of criminal law. The main objective of the work is to establish the importance of a humanistic approach in improving the effectiveness of the struggle against crime, considered as a more general concept than just a branch principle of law. In the context of a rule-of-law state, humanism should not be perceived solely as a tool for achieving a set goal. Putting the individual and his rights at the forefront, humanism is an independent and self-sufficient goal of social development. Modern society strives for humanity, but in criminal law this does not mean the weakness of the state or the forgive- ness of criminals. The humanistic approach of law enforcement agencies rather eliminates any violence and strengthens the legitimacy of State coercion in the struggle against crime. For a deep scientific understanding of the relationship between crime and criminal law, a philosophical understanding of the nature of humanism and its impact on this branch of law is necessary. This will reveal the relationship between crime rates and the processes of criminalization, penalization, as well as the features of criminal policy that can influence the causes of illegal behavior, strengthening or weakening their effect. In the text of the article, the Russian Federation is abbreviated as RF.
THE LEGAL STATUS OF INSOLVENCY PRACTITIONERS UNDER THE LEGISLATION OF THE UNITED KINGDOM
DOI: 10.21777/2587-9472-2025-4-67-73
Keywords: insolvency, external administration, reorganization, revenue administration, liquidation, insolvency specialists, professional associations, liability insurance, remuneration
Annotation: The article is devoted to a comprehensive analysis of the legal regulation of the status of insolvency practitioners in the United Kingdom. In particular, it examines such aspects of the topic as the procedure for obtaining the status of an insolvency practitioner and the requirements imposed on persons vested with this status; the role of professional associations responsible for licensing and certifying insolvency practitioners; and the remuneration of persons con- ducting insolvency proceedings. It is noted in the legal literature that “the regulation of insolvency and liability for illegal actions related to bankruptcy has been developing in England for several centuries.”2 The modern stage of the development of insolvency legislation, however, began with the adoption of the Joint Stock Companies Act (1844) and the Joint Stock Companies Winding-Up Act (1844). Thus, the United Kingdom has gone through a significant process of improving the legal framework of insolvency, which makes its study relevant, including for the purpose of borrowing best practices. The methodological basis of the study consists of general scientific methods of analysis and synthesis, as well as the specific scientific method of comparative legal analysis. The conclusion provides a number of findings that may be relevant for optimizing the legal regulation of insolvency in the Russian Federation. In the text of the article, the Russian Federation is abbreviated as RF.
THE EXPERIENCE OF LEGAL CULTURE OF THE PEOPLES OF RUSSIA: THE INSTITUTION OF KHUL’ IN MUSLIM LAW
DOI: 10.21777/2587-9472-2025-4-74-79
Keywords: Sharia, Nikah, Mahr, talaq, khul’, Mubarat, Faskh, madzara, Hanafi madhhab
Annotation: Marital relations have a special place in all legal systems because they are directly related to other sections of civil law: inheritance, property and obligations. In Islam, the doctrine of faith is a fundamental part of Muslim law (Sharia), and starting a family and raising children is considered a sacred duty of the faithful, established by Allah. According to Muslim law, the wife’s legal capacity to terminate a marriage is significantly lower than that of her husband, and her legal capacity is limited to three ways of breaking up family relations, in which she can either initiate the procedure for breaking up a marriage or support the initiative taken by her husband. The article considers one of the ways to terminate a marriage in the Muslim legal system, the specificity of which is a woman’s right to initiative in the divorce process. The necessary conditions for the release of a wife from her husband’s power by committing khul’, the order and procedure of the parties’ actions and their consequences are analyzed. The sources of Muslim law regulating the agreement of the parties on the termination of marriage contractual relations are given. In the text of the article, the Russian Federation is abbreviated as RF.
THEORETICAL UNDERSTANDING OF THE CATEGORY "PUBLIC ORDER": DOCTRINAL ISSUES
DOI: 10.21777/2587-9472-2025-4-80-90
Keywords: legal definition, legislative definition, public safety, social order, public order, crime, Criminal Code of the Russian Federation
Annotation: This article is devoted to defining the characteristics of the category “public order”, reflecting its substantive potential. Defining “public order” is a complex cognitive process, driven by the polysemantic nature and het- erogeneity of the subject, requiring a comprehensive study of this legal phenomenon. Doctrinal provisions on public order in legal science demonstrate the ambiguity and contextuality of this cat- egory, as well as the lack of a unified approach to understanding it. This necessitates further critical reflection on its legal validity and the author’s proposed definition of “public order”. Modern jurisprudence is inconceivable without seeking ways to modernize current legislation and regulatory processes that meet real-time demands and promote the effective development of the state and society. Furthermore, the relevance of this study is driven by the rise in crimes against public order and public safety, their increased harmfulness, which is largely determined by the unstable geopolitical state of individual states and the global community as a whole. In the text of the article, the Russian Federation is abbreviated as RF.
LEGAL REGULATION OF SOLVING PROBLEMATIC ISSUES OF QUALIFICATION OF CRIMES IN THE FIELD OF ECONOMICS
DOI: 10.21777/2587-9472-2025-4-91-97
Keywords: legislative adjustment, economic crimes, analysis, structure, dynamics, judicial practice, elements of the corpus delicti, method of committing crimes, legal problematic aspects
Annotation: The Constitution of the Russian Federation, in paragraph 1, article 8, establishes a rule indicating the imple- mentation of economic legal relations in Russia, providing for the guarantee of “the unity of the economic space, the free movement of goods, services and financial resources, support for competition, and freedom of economic activity”3. Precisely for the implementation of these significant aspects in the system of state regulation in Russia that the state policy in the field of economic security is being implemented at the federal, regional, municipal and sectoral levels, aimed at countering challenges and threats to economic security, preventing crisis phenomena in the resource and raw materials, industrial, scientific, technological and financial spheres, as well as to prevent a decrease in the quality of life of the population, consolidating the efforts of federal government bodies, state authorities of constituent entities of the Russian Federation, local governments, the Central Bank of the Russian Federation and civil society institutions to ensure economic security in order to protect objectively significant economic needs the country and the implementation of the national priorities of the Russian Federation4, which consist in the development of organizational, regulatory and legal measures, the implementation of which is guaranteed by the criminal law. In the text of the article, the Russian Federation is abbreviated as RF.