№ 12 (2025)

The evolution of the doctrinal foundations for the protection of national financial interests in the context of modern geo-economic challenges has been revealed. The subject of the study is the transformation of the concept of financial security, developed by Professor I.I. Kucherov, into the modern paradigm of financial sovereignty, as well as the key role of risk management as a systemic element ensuring this transformation. The object of the study is the sphere of financial security and the financial sovereignty of the state as interrelated and sequentially developing paradigms. The work analyzes the shift in focus from a protective model aimed at neutralizing threats to a sovereign model affirming the independence of the financial system through the lens of I.I. Kucherov's scientific works, particularly his concept of financial security risks. It is argued that risk management serves as a linking element and transformational mechanism between these two models. The methods and methodology include: comparative analysis for comparing concepts of financial security and financial sovereignty, systemic analysis for studying financial security as a complex phenomenon, structural-functional method for analyzing the interconnections between elements of financial security and financial sovereignty, and a formal-legal method for analyzing regulatory legal acts governing financial security. For the first time, the evolution of I.I. Kucherov's scientific views on financial security risks has been analyzed in the context of their transformation into financial sovereignty risks. The transition from the paradigm of protection to the paradigm of sovereignty has been justified, where risk management becomes a key systemic element. Risk management serves as a linking element between the models, transforming identified threats (for example, the risk of disconnection from SWIFT) into an incentive for creating sovereign instruments (national payment systems and financial messaging systems). A three-stage algorithm for sovereign risk management has been formulated and detailed, which includes predictive assessment, the creation of sovereign neutralization mechanisms, and sovereign legal regulation. An author's concept of a sovereign risk model, adapted to modern geo-economic realities, is introduced into scientific circulation. The practical significance lies in the fact that the proposed algorithm serves as a methodological basis for developing specific measures to strengthen Russia's financial sovereignty in the context of sanctions pressure, and can also be used in the process of strategic planning and the establishment of resilient national financial institutions.

The aim of this study is a methodological analysis of the draft law that changes the concept of "tourist product." In accordance with the chosen goal, the following tasks have been set: to conduct a historical and legal analysis of the formation and development of the concept of "tourist product" and to investigate the content of the draft law aimed at differentiating the concept of "tourist product." The object of the study is the legal regulation of tourism activities in the Russian Federation, in particular – the regulatory framework defining the concept and content of the tourist product (including the Federal Law "On the Basics of Tourism Activities in the Russian Federation" from 1996), as well as draft law No. 918087. The subject of this article is the legal nature of the concept of "tourist product," its evolution, problematic aspects of interpretation and application, as well as the proposed differentiation of the concept with respect to different types of tourism (outbound, domestic, inbound) in the context of current transformational processes in the industry. The methodological basis of the study is formed on the basis of general scientific and special methods of cognition, including historical-legal, systematic, formal-legal, comparative-legal, dialectical methods, as well as the method of legal modeling. The scientific novelty of the research is confirmed by a comprehensive analysis of the legal nature of the tourist product, the development of a methodology for assessing the effectiveness of the differentiation of legal regulation, the identification of potential risks when implementing changes, the formation of a model for improving legal regulation, and the development of practical recommendations for minimizing legal risks. The theoretical significance of the work lies in the development of new approaches to understanding the legal nature of the tourist product in the context of its differentiation. The practical significance of the research consists in determining directions for minimizing legal risks when implementing a differentiated approach and creating a methodological basis for further research on the problems of legal regulation in the tourism sector. The results of the study can be used in the development of new regulatory legal acts in the field of tourism, in the law enforcement practice of government authorities, and in scientific research activities.

The subject of this article is the relationships arising within the system of public authority in connection with the functioning of its individual institutions, also covered by the concept of "constitutional-legal communication." The author proposes to examine the issues of constitutional-legal dialogue within the system of public authority using the example of normative activity, more specifically legislation. Constitutional-legal communication in the system of public authority is carried out using a variety of legal and political instruments, among which legal expertise of regulatory legal acts occupies a special place, representing a stable established legal practice aimed at determining the quality of adopted legal acts. The aim of the research is to describe the parameters of this instrument, to show what functions public authorities can perform by applying legal expertise, and to answer the question of how legal expertise can influence the effectiveness of constitutional-legal communication between public authority institutions. The methodological approach chosen for studying the stated topic is the communicative concept of law, according to which legal reality can be interpreted communicatively. The proposed approach allows for the consideration of familiar legal instruments in a communicative context, revealing the functional characteristics of legal expertise as a tool that ensures constitutional-legal dialogue and communication among legal subjects within the system of public authority. The study of the role of legal expertise in ensuring constitutional-legal communication led to the conclusion that legal expertise serves as a means for public authorities to fulfill various functions, including, in particular, the control (supervisory) function; jurisdictional function; qualifying function; blocking function; and advisory function. Furthermore, it was demonstrated how the practice of legal expertise acts as a way to prevent and resolve disputes arising within the system of public authorities, manifesting itself in four main aspects. 1. By applying legal expertise, subjects of constitutional-legal relations can reasonably express their own legal positions on contentious issues. 2. The tools of legal expertise allow for formulating proposals to overcome constitutional conflicts. 3. The formulation of contradictions occurring during legal expertise is a means of conflict prevention. 4. Legal monitoring and analysis of expert practices enable public authorities to identify and signal potentially conflict-generating areas in advance.

The purpose of the study is to examine the transformation of the right to informational self-determination, first articulated in the practice of the Federal Constitutional Court of Germany, into the right to digital self-determination as one of the new generation digital human rights, the provision of which requires legal mechanisms in line with the spirit of the times, including institutional ones. In the context of the development of artificial intelligence and other digital technologies that are taking on the nature of de facto coercion (the concept of "code is law"), the issue of ensuring the right to digital self-determination becomes particularly relevant, as autonomy, freedom, and human dignity are "at stake." In this regard, the paper presents the main challenges faced in the implementation of the right to digital self-determination and outlines potential ways to overcome them. The study employs the following methods of scientific cognition: analysis, synthesis, generalization, analogy, and others; and applies a systemic approach, as well as specialized legal and comparative legal methods. During the research, the author arrives at the following conclusions: 1) the right to informational self-determination, based on the idea of dignity and personal autonomy, undergoes a qualitative restructuring under the conditions of digitalization, transforming into the right to digital self-determination—a new generation digital human right; 2) the key challenges to the realization of the right to digital self-determination include information asymmetry, the limited informed consent of data subjects, the paradox of confidentiality, insufficient levels of digital literacy, and the increasing manipulative potential of algorithmic systems; 3) considering the data subject as the economically and technologically weaker party in information interactions with digital platforms requires the state to provide additional guarantees to protect the rights and legitimate interests of data subjects; 4) ensuring the right to digital self-determination implies the formation of a comprehensive system of legal mechanisms, including regulation of algorithmic systems based on principles of algorithmic transparency and accountability; restriction of manipulative technologies and surveillance; expansion and specification of the rights of data subjects, as well as the establishment of additional obligations for large digital platforms.

The subject of the research is the methods and techniques for applying artificial intelligence (AI) as a forensic tool in crime prevention. The object of the research is the activities of law enforcement agencies and departments aimed at preventing criminal activities. The objective of the article is to analyze the possibilities of applying AI as a forensic tool for crime prevention, as well as to develop recommendations for optimizing and integrating AI-based systems into Russian law enforcement practice. The article examines various approaches to defining artificial intelligence, its key features, and characteristics. It analyzes the potential for implementing methods and techniques based on AI technologies for crime prevention. Special emphasis is placed on technologies such as predictive analytics, natural language processing, facial and image recognition systems, decision support systems, and digital evidence analysis. The research is accompanied by practical examples illustrating the capabilities of AI technologies in the process of crime prevention. The article considers both foreign and Russian experiences in using AI technologies for crime prevention. General scientific and specialized scientific methods of cognition were used in the research. The comparative law method was applied to study the experiences of foreign countries. The formal-legal method was utilized to examine the main approaches to defining the concept of AI and its characteristics. The method of state and legal modeling was used to mentally create models for the use of AI technologies. The relevance of the research is justified by the fact that modern AI technologies, including machine learning, big data analysis, natural language processing, and computer vision, provide new opportunities for analyzing criminal patterns, predicting potential threats, and improving the efficiency of law enforcement agencies. All these technologies are currently being actively implemented and have significant potential for enhancing the activities of law enforcement in crime prevention, as well as for the development of forensic science as a whole. As a result of the research, approaches to understanding AI were examined, the methods and key AI-based technologies used or potentially usable for crime prevention purposes were studied, and the ways of application and prospects of using AI-based technologies in the practical activities of law enforcement agencies were described.

The subject of the research is manipulative speech strategies used by quacks during suggestive influence on citizens, as well as their legal consequences in the context of contemporary Russian practices against fraud. The analysis focuses on the mechanisms of suggestion that create a distorted picture of reality for the recipient and subordinate their behavior to models constructed by the performer. The study covers lexical, semantic, and pragmatic characteristics of the relevant texts that determine the structure of speech influence. Special attention is given to the legal assessment of such impacts, including the complexity of proving intent, establishing a causal link between verbal pressure and property damage, and identifying markers significant for qualifying actions under Article 159 of the Criminal Code of the Russian Federation. The subject of the research integrates linguistic, psychological, and normative aspects, allowing for a multidimensional understanding of the nature of quackery as a socially dangerous phenomenon. The methodology of the research relies on jurilinguistic analysis, which includes a cognitive-discursive approach, elements of psycholinguistics, comparative-legal method, and linguo-pragmatic description of suggestive strategies identified in judicial and communicative practices. The scientific novelty of the research lies in justifying jurilinguistic convergence as an effective tool for analyzing the manipulative speech strategies of quacks, based on suggestive mechanisms that create a cognitively distorted perception of risk and opportunities for the recipient. The study proposes a comprehensive typology of linguistic and pragmatic markers relevant for qualifying actions under Article 159 of the Criminal Code of the Russian Federation for the first time, as well as identifying criteria that allow for the distinction of suggestive impact from traditional forms of deception. It concludes that it is necessary to consider the dynamics of verbal pressure and emotional-psychological factors when assessing intent and the social danger of actions. The practical significance of developing jurilinguistic expertise and improving legal regulation aimed at identifying and suppressing pseudo-medical activities that use suggestion as a means of obtaining material benefits is emphasized.

Currently, proceduralists are showing a growing interest in complex and multifaceted concepts, one of which is the category of "risk." However, the lack of due attention to its historical development prevents a full assessment of this category. This circumstance influences the choice of the subject and method of research. The subject of this article is to identify the essence of the category of "risk" in civil procedure, as well as to analyze its reflection and application in the history of Russian legislation with the principle of optionality. To reveal the subject of the study, the author refers to the opinions of ancient philosophers, according to which the approach to risk can be expressed both subjectively (awareness of future consequences and the ability to influence circumstances before they occur) and objectively (the occurrence of consequences regardless of the will of the person). The research method is a comprehensive historical and legal analysis, covering the period of legislative provisions from the Russian Pravda to the norms of Soviet codes, since the development of the doctrine of risk, in particular its historical aspect, forms the basis of this study. The value of this study lies in clarifying the relationship between the category under study and the principle of optionality. The importance of consolidating this conclusion is necessary to explain the reasons for the courts' application of this category when shifting risk to one of the parties in both adversarial and inquisitorial proceedings. Consequently, the significance of confirming this conclusion is aimed at studying the emergence of risk factors and the expected negative consequences of this category in the history of legal proceedings. In the course of this study, the author concludes that the process of legislative improvement has contributed to a shift in the primary approach to risk from an objective to a subjective one. This is reflected in the fact that, during the period of Old Russian legislation, means of proof (trials by fire, water, and the "field" competition) influenced the occurrence of the corresponding result. However, subsequent legislative statutes partially or fully reflected the impact of the subjective approach on risk. The subjective approach is reflected in norms devoted to concluding a settlement agreement, bad faith behavior of a party when filing a claim or during court proceedings, judicial notice, and other matters over which a person could influence. By determining that subjective risk could exist in both investigative and adversarial proceedings, the author confirms the conclusion that the category of “risk” is associated with the principle of discretion, according to which a person could influence the occurrence of the desired result for him.