Release: 2026-1 (49)
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DOI: 10.21777/2587-9472-2026-1-7-16
Keywords: Administration, Provisional Government, Constitution, Self-Government, Soviets, Court, Basic Laws, Parlia- mentarism, Constituent Assembly
Annotation: The period between the February bourgeois and October socialist revolutions was important, in many respects fateful for our country. It is constantly in the field of view of domestic scholars. One of the central issues here is in the problems of the form of government in this short period of time. Precisely this issue will be the focus of this article. The article describes the main activities that were carried out in February – October 1917. This is primarily the creation of new government bodies, and above all the Provisional Government, which was en- dowed with the functions of legislative and executive state power; activities in preparation for the convocation of the Constituent Assembly, which was given the leading role in determining the form of government in Russia. The characteristics of the actively conducted powerful reform in the field of local public administration and self-government are presented. The analysis made it possible to conclude that the established form of government in Russia in the period February – October 1917 should be characterized as an undeveloped republic, semi-republic, or in the spirit of the terminology of that time as a “pre-republic.” In favor of the republic is evidenced by the course taken to create a popular representation, carry out zemstvo reform, and activities to prepare a new constitution for Russia. At the same time, the form of government in Russia in February – October 1917 is most successfully characterized as to a certain extent temporary, incomplete, transitional. Three main scientific methods were used during the work on this article: dogmatic, historical, comparative.
CONSTITUTIONAL AND LEGAL FLAWS IN MODERN JUDICIAL PROCEEDINGS
DOI: 10.21777/2587-9472-2026-1-17-24
Keywords: Constitution of the Russian Federation, laws, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, precedent, judicial practice, normative legal acts, acts with normative properties
Annotation: The purpose of the study is to examine the legal flaws that have appeared in the activities of judicial authorities, including those caused by decisions of the Constitutional Court of the Russian Federation. The study is based on the provisions of the Constitution of the Russian Federation, which do not provide for the possibility of using judicial practice (judicial precedent) to justify decisions in specific cases, as well as the decision of the highest judicial body for constitutional control in the Russian Federation, on the one hand determining that the interpre- tation of law may be carried out only by law and on the other hand instructing the legislator to make changes to procedural codes, enabling, together with normative legal acts, to consider acts “containing clarifications of the legislation and possessing normative properties”. As a conclusion, proposals are formulated to correct the identified defects, allowing the court proceedings to return to the constitutional norms, for which the necessary amendments, including to the procedural codes of the Russian Federation, are proposed. In the text of the article, the Russian Federation is abbreviated as RF.
IMPLEMENTATION OF THE RIGHT OF A PUBLIC BODY TO CANCEL ITS OWN ACTS IN THE PROCEDURE OF SELF-CONTROL: CIVIL LAW ASPECT
DOI: 10.21777/2587-9472-2026-1-25-30
Keywords: public act, administrative act, legal fact, civil law consequences, public authorities, the principle of irrevocability of acts of public authority, judicial practice
Annotation: It is noted that the possibility of canceling acts of public bodies in the order of self-control contradicts the prin- ciple of irrevocability of acts of public authority, justified in civil science. The criteria developed by the highest courts are highlighted, on the basis of which the act of cancellation may be invalidated. The inconsistency of judicial practice on the application of these criteria is demonstrated. It is justified that the legal consequences in the form of influence on civil legal relations are not the only consequences for participants in civil circula- tion, the presence of which should become the basis for invalidating the act of cancellation. According to the authors, currently there is a forming of judicial practice on the application of criteria for the abolition of acts in the order of self-control. Unfortunately, there are no doctrinally developed criteria for the permissibility of such a repeal; nor is there one in law. Based on the results of the study conducted by the authors, it is concluded that it is necessary to legislatively consolidate the criteria that would act as boundaries for the implementation of the right of public bodies to cancel their own acts in self-control. In the text of the article, the Russian Federation is abbreviated as RF.
TRENDS IN THE DEVELOPMENT OF TORT LAW AND THE MODEL LEGISLATION OF THE CIS ON ARTIFICIAL INTELLIGENCE
DOI: 0.21777/2587-9472-2026-1-31-36
Keywords: artificial intelligence, tort law, model legislation, civil liability, source of increased danger, joint liability, com- pulsory insurance, consumer rights protection
Annotation: The article is devoted to an analysis of trends in the development of tort law in the context of regulation of rela- tionships involving the use of artificial intelligence (AI), based on the model legislation of the CIS. The central issue of the study is the question of whether it is necessary to create fundamentally new legal mechanisms of liability for harm caused by AI, or whether it is possible to adapt existing civil law institutions. The methodologi- cal basis of the work is a comparative legal and regulatory analysis of the provisions of the Recommendations on the Regulatory Regulation of the use of artificial intelligence, including ethical standards for research and development and the CIS Model Law "On Artificial Intelligence Technologies". As a result of the study, key trends that underpin model regulation have been identified and analyzed: the expansion of strict (objective) liability by equating high-risk AI systems with sources of increased danger; the channeling of joint liability toward specific entities (owner, developer, operator); the socialization of risks through mandatory civil liability insurance; and the strengthening of consumer protection in the digital environment. The author’s main conclusion is that legal regulation of tort liability in the field of AI demonstrates continuity and an evolutionary nature, refuting the position that it is necessary to create an entirely new, “non-anthropocentric” system of liability.
TRANSPORT INFRASTRUCTURE IN THE SYSTEM OF CIVIL LAW ORGANIZATIONAL RELATIONS: EXPERIENCE OF COMPARATIVE ANALYSIS
DOI: 10.21777/2587-9472-2026-1-37-46
Keywords: transport infrastructure, transport law, property relations, organizational relations, methodology of law, subject of civil law, comparative legal analysis
Annotation: In contemporary legal doctrine, the category of «transport infrastructure» is often employed in a fragmented manner – in object-based, managerial, or public-regulatory terms – which hampers its holistic conceptualization as a complex legal phenomenon and obscures its place within the system of civil-law organizational relations. This article examines the legal nature of transport infrastructure through a comparative analysis with energy infrastructure as a typologically related network-based legal formation. The methodological framework combines systemic and functional approaches, comparative legal analysis, and the provisions of the theory of organizational civil-law relations. It is demonstrated that, although transport and energy infrastructures belong to the same general type of network formations, they differ significantly in the mechanisms ensuring their stability: energy infrastructure is characterized by a model of public-law centralization, whereas transport infrastructure operates as a distributed system of contractual and legal coordination. It is substantiated that contracts governing the use of transport infrastructure perform primarily a coordinating function, ensuring the alignment of participants’ actions and the integration of public-law and private-law regulatory mechanisms. In the text of the article, the Russian Federation is abbreviated as RF.
CONDITIONS AFFECTING THE FORMING OF THE CRIMINAL SITUATION IN CRIMES RELATED TO ILLEGAL DRUG TRAFFICKING
DOI: 10.21777/2587-9472-2026-1-47-52
Keywords: conditions under which the crime was committed, criminal situation, investigation of crimes, narcotic drugs, place of the crime, time of the crime, classification of conditions under which drug crimes are committed
Annotation: The purpose of the article is to consider the relationship between the conditions in which drug crimes are com- mitted and the content of the criminal situation that inevitably arises. It is noted that this category has not been practically studied in the forensic context. However, it is the existing conditions that affect not only the completion of illegal actions but also the mechanisms of trace formation, which reflect both the criminal’s personal charac- teristics and the subject of the offense. This, in turn, determines the choice of technical means and tactics when conducting investigative actions; direction of the investigation; and also identification of all circumstances that allow us to find out the full picture of the occurred criminal event. The emphasis is placed on the dependence of the conditions existing at the time of the crime on the place and time of the criminal intent. Understanding them in a forensic manner is crucial for conducting a complete, comprehensive, and objective investigation. In the text of the article, the Russian Federation is abbreviated as RF.
ON THE ISSUE OF THE CONCEPT OF CYBERCRIME IN FORENSICS
DOI: 10.21777/2587-9472-2026-1-53-57
Keywords: cybercrime, cyber threat, cyber defense, information and telecommunication technologies, investigation, forensic classification of crimes, United Nations
Annotation: The current issues regarding the content and essence of the concept of “cybercrime”, as well as its connection with the concepts of “cyber threat” and “cybersecurity” are considered. A typical scheme of cyber threat im- plementation is given. The state-of-the-art list of the main threats in cyberspace is given, focusing on the latest trends (Internet of Things, etc.). Through the prism of forensic classification (systematization) types of high- tech crimes are considered, both from the point of view of UN experts, who were at the origin of the concept of “cybercrime”, and from the perspective of modern scientists and practitioners. The concept of cybercrime is formulated, emphasizing the unity of understanding of the essence of cybercrime in the modern world. Based on official statistics, changes in the dynamics of cybercrime in the Russian Federation have been shown since 2024. The qualitative structure of modern cybercrime, which has remained virtually unchanged, is analyzed. In conclu- sion, a valid conclusion is made about the need for further scientific research on the issue under consideration. In the text of the article, the Russian Federation is abbreviated as RF.
FEATURES OF CRIMINAL PROSEEDINGS IN WARTIME: PROCEDURAL NOVELTIES AND THEIR PRACTICAL APPLICATION
DOI: 10.21777/2587-9472-2026-1-58-62
Keywords: criminal proceedings, martial law, mobilization, wartime, procedural novels, the practice of applying pro- cedural norms, the Code of Criminal Procedure of the Russian Federation (CCP RF), the Criminal Code of the Russian Federation (CC RF)
Annotation: The modern geopolitical situation has necessitated the adaptation of Russian criminal procedure legislation to the conditions of special periods, such as wartime, mobilization, and martial law. Since 2022, a large number of amendments and changes have been made to the criminal and criminal procedure legislation, including those related to exemption from criminal liability and suspension of criminal proceedings against military personnel. In this regard, the purpose of the study is to analyze the consistency of the amendments made to the domestic criminal procedure legislation and to identify problems of law enforcement practice related to the application of the relevant norms of criminal procedure legislation. Based on the results of the study, the author offers some proposals for improving the current legislation, noting, in particular, that the analysis of law enforcement practice and regulatory legal acts on the subject considered in the article leads to the conclusion that changes in the criminal procedure legislation of the Russian Federation for conditions of martial law are non-systemic and contain internal contradictions. In the text of the article, the Russian Federation is abbreviated as the RF, the Code of Criminal Procedure of the Russian Federation is the CCP RF, and the Criminal Code of the Russian Federation is the CC RF.
THE CONCEPT OF COMPLIANCE AND ITS PLACE IN THE CORPORATE GOVERNANCE SYSTEM
DOI: 10.21777/2587-9472-2026-1-63-70
Keywords: compliance, corporate governance, legal risks, compliance control, corporate law, anti-corruption compliance, risk management, GRC
Annotation: The article examines the concept of compliance as a comprehensive system for ensuring that an organiza- tion’s activities comply with legal requirements, other mandatory norms, as well as internal rules and ethical standards. The research methodology is based on dialectical, systemic, structural-functional, and comparative legal methods. The evolution of this institution in the Russian legal system is analyzed, tracing its shift from a narrow understanding as a control and supervision function to its perception as an integral element of cor- porate culture and risk management system. The place of compliance in the corporate governance structure is defined as a link between strategic and operational levels. Special attention is paid to the legal aspects of implementing compliance systems and their impact on minimizing legal and reputational corporate risks. As a result, the study identifies the main problems of the fragmented legal regulation of compliance in Russia and proposes specific solutions, including legislative formalization of the conceptual framework and the develop- ment of incentive mechanisms. In the text of the article, the Russian Federation is abbreviated as RF.