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Vol 18, No 7 (2025)

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Theoretical and Historical Legal Sciences

The formation of the soviet state security agencies of Turkestan (1917–1919)

Razmakhov K.E.

Abstract

The purpose of the research. The article examines the process of formation and development of the Soviet state security agencies of Turkestan in 1917-1919. The author shows that during the period of the civil war and foreign military intervention, drastic changes in the domestic and foreign policy environment had a significant impact on the activities of state security agencies and determined their priorities. Results. As a result of the conducted research, the author comes to the conclusion that the transformations taking place in the structure of the state security agencies, the expansion of their powers, and the strengthening of punitive specifics were caused by objective political and social processes. In Turkestan, during the initial period of the establishment of Soviet power, it was not always possible to form a structure of state security agencies similar to the central regions of the country. Regional peculiarities and specific conditions had a significant impact on the legislative acts regulating the establishment and functioning of State security bodies of this autonomous republic.

Gaps in Russian Legislation. 2025;18(7):11-16
pages 11-16 views

Public Law (State Law) Sciences

State regulation of the "digital sovereignty" in Russia: On the role of the federal service for communications, information technologies and mass media

Vavilin M.V., Bashkin D.I.

Abstract

The purpose of this study is to determine the role and legal status of the Federal Service for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor) among federal executive bodies in the system of state regulation of the "digital sovereignty" in Russia. Research Methodology: The study utilized general scientific methods - analysis, synthesis, and generalization - to detail Roskomnadzor's powers related to regulating the "digital sovereignty" in Russia. A comparative legal analysis was used to examine international practice. A formal legal approach was used in this study to examine current Russian legislation in this area. Conclusions: The study identified the key characteristics of the concept of "digital sovereignty" identified the government bodies involved in shaping Russia's digital sovereignty, analyzed the powers of these bodies, and defined the role of the Federal Service for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor) as one of the most important government bodies in the mechanism for creating digital sovereignty.

Gaps in Russian Legislation. 2025;18(7):17-24
pages 17-24 views

Problems of public administration and legal regulation of the status of forced migrants and ways to solve them

Petrovskaya M.I.

Abstract

This article examines the problems of public administration and legal regulation of the status of forced migrants and their potential solutions. The research's methodological framework is based on an analysis of regulatory material (formal legal methods), a study of objective statistical indicators (statistical method), a study of foreign approaches to regulating the legal phenomena in question (comparative legal method), a study of phenomena and processes in dialectical unity (dialectical method), and forecasting the development of legal phenomena in the short and medium term (forecasting method). It also analyzes publications on this topic and formulates relevant conclusions and proposals for improving legal regulation in this area.

The article provides a general overview of public administration issues in the field of forced migration and examines the concept of legal status in forced migration, including refugee, temporary asylum, and political asylum status. Refugee and temporary asylum statuses are examined in the context of official statistical data, and proposals are made for improving legal regulation in this area. The issues of social adaptation and integration of forced migrants are examined and analyzed, the experience of foreign countries in this area is studied, and relevant proposals for improving legal regulation in this area are made. Based on an analysis of current judicial practice, the issues of protecting vulnerable categories of migrants, such as women and children, are examined, and proposals for improving legal regulation are made. Particular attention is paid to the need for a humanitarian focus in legal regulation in the area of forced migration, taking into account national interests. This article examines the problems facing the state in developing a differentiated management approach to addressing the protection of migrant women's rights. These challenges relate to the vulnerable social status of migrant women, challenges with social adaptation and integration, and the ineffectiveness of existing rights protection mechanisms. Measures to address these challenges are proposed.

Gaps in Russian Legislation. 2025;18(7):25-32
pages 25-32 views

China’s digital sovereignty and the strengthening of traditional values in the everyday digital environment

Spartak S.A., Osipov S.A., Fan W.

Abstract

The article examines the emergence of China’s digital sovereignty as both a legal mechanism for controlling data and content and a tool of cultural policy. It shows how rules on jurisdictional priority and cross-border data transfers are coupled with value-oriented regulators - from the Provisions on the Governance of the Online Information Content Ecosystem to the Party’s programmatic Opinion on “online civilization.” Consequently, the state, platforms, and users jointly “co-govern” the digital environment, where the idioms of “positive energy” and “spiritual (online) civilization” set everyday behavioral standards. The paper argues that the Chinese model fuses public law, cybersecurity, and cultural heritage into a single normative architecture that reproduces traditional values in digital daily life while strengthening the competitiveness of the national digital ecosystem.

Gaps in Russian Legislation. 2025;18(7):33-41
pages 33-41 views

Legal support for the digitalization of prosecutor’s offices in the context of complex integrated systems and interdepartmental cooperation

Evloev T.Y.

Abstract

The article examines and describes the problems and challenges in the field of legal support for the prosecutor's office, with a focus on analyzing concepts of digital transformation of the prosecutor's office, the problems of integrating various digital tools and interagency cooperation with the aim of identifying successful solutions and problems that remain relevant in the transition to the new Concept of Digital Transformation of the Prosecutor's Office until 2030. In particular, regulations and standards for information transfer, electronic document management, and data synchronization are considered. An analysis of regulatory legal acts and scientific sources has revealed problems in the regulation and unification of electronic document management and the collection of data and appeals, which are particularly serious in the area of external interaction: interagency cooperation is characterized by incompleteness and gaps in procedures, duplication of information, and a lack of common standards for working with electronic evidence; interaction with citizens and the acceptance of appeals is characterized by a lack of unification, common procedures for collecting information, and common technical requirements for electronic reception. Particular attention is paid to the lack of standardization of information and educational support for the prosecutor's office. The results of the Concept of Digital Transformation until 2025 are considered positive in terms of creating individual tools and the basic regulatory and legal framework for the digital support of the prosecutor's office, but they are critically insufficient in the area of integrating the tools created, regulating and unifying digital processes, and information support standards. The adopted Concept of Digital Transformation until 2030 is seen as an attempt to address these shortcomings.

Gaps in Russian Legislation. 2025;18(7):42-49
pages 42-49 views

Private Law (Civil) Sciences

Topical issues in the application of digital technologies to ensure public safety

Shkhagapsoev Z.L.

Abstract

Digitalization is becoming increasingly important for many areas of public and national life. Law enforcement is no exception. Digital technologies enable many operational and service tasks to be performed at a qualitatively new level and in a short timeframe. This study focuses on the current practices of the Russian Ministry of Internal Affairs in implementing various digital technologies, classified based on the functionality they perform. The practical significance of implementing information technologies in ensuring public safety is highlighted. Based on the conducted analysis, current trends in the application of digital technologies are highlighted, ranging from extensive experience in automating individual processes, including those related to identifying illegal acts, to an integrated approach to the use of artificial intelligence technology, which is identified as the most promising area of digitalization in the public safety sector. Therefore, the need for detailed technical development of relevant systems and timely legal regulation of their implementation is emphasized to eliminate the risks of human rights and freedoms violations.

Gaps in Russian Legislation. 2025;18(7):50-55
pages 50-55 views

Terms and structure of the contracts on transfer of the professional football players

Nikolay Y.D., Zaytsev Y.V., Denisova P.V.

Abstract

The dynamic evolution of the football transfer market is leading to an increasing complexity in the structure of transfer contracts, which govern the regular movement of players between professional football clubs. These developments, in turn, result in the emergence of novel contractual clauses designed to reflect the specific nature of transfer relations.

This article examines the most common structural elements and terms of transfer contracts, based on an analysis of applicable regulations of football federations, standard transfer contract forms, and existing arbitral jurisprudence. Typically, when drafting transfer contracts, the parties endeavor to adhere to a certain standard structure and invariably include fundamental provisions related to the subject matter of the contract, the rights and obligations of the parties, the duration of the player's transfer, and the transfer compensation clause. Furthermore, specific attention is devoted to clauses unique to transfer contracts, such as the sell-on clause, as well as buy-back and first refusal clauses.

Therefore, given that the principles of parties’ autonomy and freedom of contract play a key role in the drafting of football transfer contracts, the structure and terms of such contracts are characterized by significant diversity and uniqueness.

Gaps in Russian Legislation. 2025;18(7):56-63
pages 56-63 views

Northern delivery in Russia: Legal aspects (Part II)

Battakhov P.P.

Abstract

The article discusses the legal regulation of the northern delivery at the stage of the formation of the regulatory framework. The norms in the federal law "On Northern Delivery" defining the regulation of northern delivery were investigated in detail. The main legal acts regulating the transportation of goods to hard-to-reach settlements of the country are highlighted separately. The list of transport and logistics infrastructure facilities that make up the supporting network of transport and logistics infrastructure facilities of the northern delivery is indicated. The special powers of the authorities of the three levels of government to ensure the northern delivery in hard-to-reach settlements of the country have been studied. The regions of the country in which the Northern Delivery program is being implemented are noted. It was proposed to amend the federal law "On Northern Delivery" in order to improve the legislation.

Gaps in Russian Legislation. 2025;18(7):64-69
pages 64-69 views

Problems of combining private and public interests in the legal regulation of entrepreneurial activity

Kruchinin M.V.

Abstract

The article explores the issues of combining private and public interests in the legal regulation of entrepreneurial activity, in particular, how the relationship between these two categories is defined as the subject of such regulation, and their concepts are given. The purpose of the study is to identify and address tasks such as: analyzing research materials and regulatory frameworks regarding the division of law into private and public, which is primarily necessary for legislative bodies in order to determine the nature of the interest that should be legally protected and to develop the appropriate legal regime for it. For law enforcement entities, this division helps to understand the essence of relationships and, taking this into account, correctly interpret and apply specific legal norms. Based on the study, the author concludes that the need to distinguish private law in contrast to public law is primarily due to the necessity of protecting private interests in all spheres of social life, and not only in those regulated by civil law.

Gaps in Russian Legislation. 2025;18(7):70-80
pages 70-80 views

Adoption of the enforcement code of the Russian Federation as a condition for improving the efficiency of compulsory enforcement

Murzabulatov U.M.

Abstract

The quality of enforcement proceedings directly affects the reality of judicial protection: a court decision does not achieve its goal if enforcement is delayed or becomes unpredictable. Current regulation is largely concentrated in Federal Law No. 229, yet structural gaps remain: there is no unified logic of procedural stages, statutory time limits are largely declarative, and a number of key procedures (including amicable settlement and the choice of the place for enforcement actions) are regulated fragmentarily, which leads to divergent practice. The article substantiates an approach to codification of enforcement law through the consolidation of procedural stages as a framework, within which the objectives of each stage, the competence of the participants and verifiable time limits are fixed. A model of a preclusive time limit for compulsory enforcement and a mechanism of judicial control for extension in cases of objective impossibility to meet the set period are proposed. Separately, the issue of the place of enforcement actions is considered: the paper argues for shifting the focus from the 'convenience of the debtor' to the achievement of an enforcement result while preserving guarantees of the debtor’s rights. The conclusion is that codification can increase predictability and manageability of enforcement only if stages, time limits and accountability instruments are consolidated simultaneously.

Gaps in Russian Legislation. 2025;18(7):81-85
pages 81-85 views

The relationship between civil and public liability for violation of reasonable time limits in court proceedings

Zakirov R.F.

Abstract

The purpose of the study is to analyze the relationship between civil and public liability for violating reasonable time limits for legal proceedings in the Russian Federation. Conclusions: As a result of the study, the author identified a certain competition between norms that reduce the effectiveness of legal norms, such as the uncertainty of the distinction between the special compensation mechanism and the general tort norms of the Civil Code of the Russian Federation. The article notes the importance of taking into account both procedural (the behavior of participants, the actions of the court) and systemic factors of effectiveness (court workload, organizational problems). The author concludes that the effectiveness of public law compensation norms directly depends on many indicators, among which the priority of a special mechanism as an operational means of protection, the behavior of the parties and the court's workload, as well as the need for legislative elimination of competition with civil liability in order to overcome legal conflicts and increase trust in the judicial system.

Gaps in Russian Legislation. 2025;18(7):86-90
pages 86-90 views

Criminal Law Sciences

Some problems of using pedagogical terms when conducting examinations of regulatory legal acts and their drafts

Vetoshkin S.A.

Abstract

The article examines the problems of legal regulation of the quality of law-making activity, the accuracy of definitions of pedagogical concepts contained in normative legal acts, identified logical and stylistic contradictions in the definitions of concepts and the reasons influencing them; measures to solve these problems are determined. The objective of the article is to substantiate the need to improve the quality of expert examinations of bills and the certainty of regulatory concepts. Research objectives: 1. To identify the reasons for the poor definition of regulatory concepts and the negative consequences of applying such concepts in practice; 2. To establish logical contradictions contained in such definitions using specific examples from the current legislation; 3. To determine measures to eliminate logical errors in the definition of pedagogical concepts; 4. To clarify the logical relationship between jurisprudence and pedagogy, philology, and other sciences; 5. To identify problematic aspects of conducting expert examinations of bills. The research methods are: analysis, synthesis, comparison, generalization, etc. The conducted research revealed the reasons for the unsatisfactory quality of expert examinations of bills and formulations of regulatory concepts, the main conclusion was made about the need to involve teachers in the development of bills and other relevant specialists, depending on the objectives of legal regulation of a certain area of social relations, measures were proposed to solve existing problems of compliance with the principle of legal certainty.

Gaps in Russian Legislation. 2025;18(7):91-102
pages 91-102 views

Criminal profiling: Problems and possible solutions

Kaminsky A.M., Muratov K.D., Efremova M.A.

Abstract

The article discusses the most effective forms of profilingused in the detection and investigation of serial crimes. The investigation situations in which profiling is usedare indicated. The most effective types of profiling and conditions for their application are identified. An attempt is made to investigate profiling technologies and methodological ideas underlying their development. The problems that affect the formation of profiling have been identified.

Gaps in Russian Legislation. 2025;18(7):103-109
pages 103-109 views

Justice in the criminal process and conscience as a means to achieve it

Galetsky V.S., Anuchina O.V.

Abstract

The purpose of the research. The article examines the role and correlation in criminal proceedings of such concepts as justice, truth and conscience, as well as the possibility and validity of using the concept of conscience as a methodological basis for evaluating evidence. The analysis of the normative consolidation of the above concepts in various branches of law, their philosophical, moral, ethical and psychological understanding is carried out. Special attention is paid to the influence of conscience on the process of evaluating evidence and achieving a fair decision. Results. Taking into account the conducted research, measures are proposed to improve legislation: to introduce the concept of "truth" into the Code of Criminal Procedure of the Russian Federation as the purpose of proof; to supplement the Code of Criminal Procedure with definitions of the concepts of "conscience" and "justice"; to introduce into federal laws and other regulatory legal acts regulating the activities of the subjects of the prosecution (prosecutors, investigators, interrogators), the requirement the need for the latter to be guided by conscience in carrying out their professional activities; to create a single standard of moral and ethical requirements for all participants in the process, endowed with authority, and to develop methodological recommendations for the application of this standard.

Gaps in Russian Legislation. 2025;18(7):110-117
pages 110-117 views

Environmental criminal policy and cultural characteristics: The example of Eastern Siberia

Anisimov A.G., Zabavko R.A., Tsyretorov A.I.

Abstract

Eastern Siberia has traditionally been a region where natural resources are actively extracted and processed. Prolonged anthropogenic impact has led to the emergence of numerous chronic environmental problems.

Some areas of the region have been exploited so intensively that they have effectively transformed into zones of ecological disaster—for example, the former chemical production site in Usolye-Sibirskoye and the sludge reservoirs of the Baikal Pulp and Paper Mill.

At the same time, the criminal policy implemented through the detection, investigation, and prosecution of crimes, as well as the imposition of penalties, does not fully correspond to the actual social danger of the offenses committed.

Our research suggests that the cultural characteristics of the local population exert a significant influence on criminal policy regarding environmental crimes and must be taken into account in its development and adjustment.

Gaps in Russian Legislation. 2025;18(7):118-125
pages 118-125 views

The place of sources of international law in the russian criminal legal system

Kosevich N.R.

Abstract

The purpose of the study is to analyze the place, as well as the importance of international legal sources in the system of Russian criminal law, considering the changes that have occurred in the state policy of the Russian Federation. The ways in which international law affects national criminal law are considered: the implementation and direct effect of international legal norms, the influence of the practice of international courts and tribunals, and international cooperation in combating crime. The debatable issues of the application of international legal provisions while regulating criminal law issues are analyzed, and the types of sources of international law are investigated. Conclusions are drawn about the possibility of including a few international legal sources, in particular, generally recognized principles and norms of international law, doctrine, as well as decisions of international courts, in the system of Russian criminal law. It has been established that these sources can be used at the national level in solving issues related to the criminal law sphere.

Gaps in Russian Legislation. 2025;18(7):126-130
pages 126-130 views

International Legal Sciences

Comparative legal studies of linguistic relations between the indigenous peoples of the Russia and the aboriginal peoples of Canada: The Scientific basis for improving russian legislation

Bondarenko D.V., Nasonkin V.V., Babanova V.M.

Abstract

The International Decade of Indigenous Languages, launched in 2022 under the auspices of UNESCO, has predetermined a significant increase in both activities for the preservation and revitalisation of minority languages around the world, the improvement of national and international legislation regulating language relations, and an increase in the number of scientific studies in this field. Changes in language legislation both in the Russian Federation and in large multi-ethnic countries testify to significant shifts in global trends in language policy based on new scientific and statistical data. In this connection, comparative legal studies of the language relations of such countries, among which Canada acquires the greatest interest from the scientific point of view, are of particular relevance. Canada has more than sixty autochthonous languages, nine of which are recognised as official languages.

The basic legal provisions are enshrined in the federal Official Languages Act of 1988. In addition, Canada, like the Russian Federation, has a federal structure. The insufficient number of scientific studies, the lack of relevant scientific sources, the absence of Russian-language translations of the major sources of Canadian language law and policy, as well as radical transformations in political views and approaches to the development of language policy in Canada necessitates an increase in comparative legal research, which can provide valuable scientific material for the development of domestic language legislation and linguistic security in the context of the transformation of international politics.

Gaps in Russian Legislation. 2025;18(7):131-140
pages 131-140 views

Is the state immunity limited

Evdokimova O.N.

Abstract

The purpose of the research. Currently, jurisdictional immunity of States is undergoing a certain transformation. An approach reflecting its limited nature is already provided in the 2004 UN Convention on Jurisdictional Immunities of States and their Property, and it is gradually being embodied in national legislation. For example, ten years ago, Russian Federation adopted the Federal Law on Jurisdictional Immunities of a Foreign State and Property of a Foreign State in the Russian Federation, which, among other things, enshrined the possibility of limiting immunity based on the principle of reciprocity. The question of the limits of state immunity has repeatedly been the subject of consideration in international and national courts. The most well-known of these cases is the 2012 Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), which was heard by the International Court of Justice. This dispute between States had some continuation, and Germany again instituted proceedings before the International Court of Justice against Italy in 2022. This article examines the nature of State immunity in the context of modern approaches reflected in international treaties, judicial practice and national legislation. Results. At present, despite the complex influence of a number of external factors, the customary norm of State immunity in respect of acta jure imperii remains stable.

Gaps in Russian Legislation. 2025;18(7):141-148
pages 141-148 views

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