Vol 9, No 4 (2025)

The history of state and law as a science and academic discipline is often criticized for its lack of current topics and detachment from practice. The aim of the study is to demonstrate, through a relevant example, how historical-legal data can be used for developing programs to overcome crises in the state and legal spheres. The main methods used were general scientific methods such as analysis and synthesis, the dialectical method, and the descriptive method, as well as special methods of legal research – the formal-legal method, the comparative-legal method, and the method of legal modeling. The analysis of the topic of crises in the historical and legal works of Russian researchers from the pre-revolutionary, Soviet, and modern periods was conducted. It is shown that the topic of crises presents legal historians with the need to study issues such as the cyclical nature of state and legal development, the creation of new periodizations of the history of state and law, and the inclusion of material on the history of international law. It has been established that historical and legal science offers anti-crisis programs such as the inadmissibility of abandoning any legal doctrine and the creation of opportunities for the parallel development of different scientific schools, as well as the development of a classification of crises in the state and legal spheres, which allow for the identification of indicators of various crises. It is concluded that the topic of crises is useful for consideration from a historical and legal perspective, as it allows us to see the causes of crises, their stages, possible consequences, and to offer proven solutions for overcoming them.

Model lawmaking on issues of social development of the Union State is considered as a process of creating a unified social space by developing model normative acts that are not legally binding, but serve as guidelines for national legislators, which increases the attractiveness of this tool in the context of regional integration and gradual harmonization of national legislation. The study analyzes the contribution of model acts to the regulation of relations in a multi-subject environment in different historical epochs, in different territories and within various supranational entities. The methodological basis of the research was made up of a number of principles of scientific knowledge: objectivity, comprehensiveness and consistency. A comprehensive analysis of trends and identification of trends was carried out through the use of formal legal and comparative legal methods, the establishment of cause-and-effect relationships was facilitated by methods of structural analysis and synthesis. Based on the results of the study, the likely vectors of development of model rulemaking in the areas of social and demographic development in the Union State of Belarus and Russia have been identified, in particular, in the areas of migration policy, health policy, family policy implementation and support mechanisms, and others.

The issue of the effectiveness of regional patent systems at the current stage of artificial intelligence development is considered. The purpose of the study is to identify the mechanisms of effective adaptation of regional patent systems to inventions related to artificial intelligence. The research used methods of analysis in relation to the legal foundations of the functioning of regional patent systems, comparative law in terms of identifying their features and similarities, as well as scientific forecasting in relation to patenting artificial intelligence. It is proved that the Rules of the European Patent Office regarding inventions related to artificial intelligence have created a legal basis for the inclusion of such inventions in the existing system of international legal protection of inventions and can be considered as a model for other regional patent systems. A common model of patenting inventions related to artificial intelligence has been formed for all regional patent systems based on the European patenting model, which has already been tested. The conclusion is made about the possibility of applying the European mechanism of effective adaptation of patenting for inventions related to artificial intelligence to other regional patent systems, taking into account the similar properties of such systems and the general patterns of their functioning.

A comparative legal study of the regulation of modern biomedicine in the Republic of Kazakhstan is presented. It is indicated that healthcare legislation has been codified in this country, which significantly facilitates the work of law enforcement lawyers, as well as representatives of a medical professional corporation. Aspects of regulation of biomedical activities such as assisted reproductive technologies, transplantology, the turnover of advanced therapy drugs, and the organization of biobanks are highlighted. The experience of genomic medicine regulation is considered. The analysis of the main provisions of the Code of the Republic of Kazakhstan “On the Health of the people and the healthcare system” dated July 7, 2020 No. 360-VI SAM, as well as individual by-laws in accordance with the subject of the study. The provisions that could be taken into account when improving Russian legislation are outlined, including the regulation of preimplantation genetic testing, the organization of biobanks, the turnover of medicines for advanced therapy, and some elements of the organization of human organ (tissue) donation (such as the creation of a Transplant Coordination Center, etc.). It is concluded that the Code provides for the rights of citizens of the Republic of Kazakhstan and the family in the field of reproductive health, which overlaps with the concept of reproductive human rights, which has been criticized by many legal scholars both in Russia and abroad. The features of providing medical care within the framework of the generally accepted exception “Hospital exception” are highlighted.

The term “public authority” is widely used in the scientific literature, but it was not legislated until after the constitutional reform of 2020. The purpose is to substantiate the need to single out the principle of “unity of public authority” as the basis of Russian statehood. At the same time, the thesis is argued that the unity of public authority does not mean the absence of separation of powers or the leveling of the importance of local self-government as an independent level of government, but presupposes the existence of a common legal and value basis. There is an organizational, functional and financial unity of the bodies that make up public authority. Using philosophical approaches (dialectics and metaphysics), general scientific methods of analysis and synthesis, as well as the formal legal method, they consider the unity of public power in the context of the development of Russian statehood, identify the essential features, the structure of public authorities, and the consolidation of their legal status in legislation. A study of the content of the concept of “unity of public authority”, its significance for constitutional and legal theory and practice has been conducted. It is established that the principle of unity of public authority not only characterizes the organization and interaction of federal and regional bodies among themselves, as well as with local governments, but is also an interdisciplinary principle of law underlying public law branches.

Article 41 of the Constitution of the Russian Federation establishes the right of everyone to health protection and medical care. It might seem that the concept of “health of the nation” is solely related to medicine, but in reality, this is not the case. It includes several components, in particular, we can talk about psychological health, the prevention of diseases and the formation of a healthy lifestyle. The implementation of the analyzed concept is associated with the use of legal, economic and social measures. The current demographic situation is of particular concern, as the birth rate is decreasing against the background of an increase in mortality, which leads to a natural decrease in the population. n this regard, the goal is to form a new approach to the concept of “health of the nation”, based on an analysis of constitutional norms, provisions of current legislation, and the law enforcement practice of the judicial bodies of the Russian Federation. The study was conducted using general scientific and specialized legal methods, the primary one being analysis. The conclusion is drawn regarding the need to develop a system for assessing national health indicators that will enable the most effective implementation of a range of preventive measures.

Currently, there is an increased scientific and practical significance in researching criminal acts related to attacks on nuclear power facilities, in particular, violations of radiation safety rules and requirements. The legislator considers these acts to be particularly socially dangerous. Criminal liability for criminal attacks on nuclear and radiation safety is established in Articles 215, 220, and 221 of the Criminal Code of the Russian Federation. These articles are systemically linked to Articles 246 and 247 of the Criminal Code of the Russian Federation. It would seem that the elements of the crimes provided for in these criminal laws should not raise many questions among representatives of the criminal law doctrine, but there is some legal uncertainty, particularly in determining the subjective aspect of the crime in question. The aim of the study is to formulate proposals for improving criminal liability for violations of nuclear and radiation safety regulations at nuclear power plants based on the analysis of existing criminal law measures. Research methods include general scientific methods (analysis, synthesis, and deduction) and specific scientific methods (formal-logical, structural, and document analysis). The main result of the research is the development of an author’s definition of the concept of “nuclear safety”, as well as suggestions for the need to modernize criminal legislation in the field of nuclear and radiation safety. The main significance of the work is that it eliminates the ambiguous interpretations of legal norms and addresses gaps and contradictions in criminal legislation.

Animal cruelty is a “litmus test” for determining the moral and moral state of society. It is the friendly treatment of animals and the understanding of their behavioral characteristics that indicates a high level of human empathy. A child usually reaches out to animals himself, he is interested in petting a cat or dog, and animals usually respond positively to this. However, mistakes in parenting often lead to the fact that the child experiences aggression towards the animal, may hit it, does not understand the specifics of the pose adopted by the animal (signaling fear or aggression). This leads to the fact that children become involved in episodes of animal cruelty, and teenagers can film such episodes on video and post them on the Internet. However, it is precisely the immaturity of the psyche of minors that makes it possible to effectively prevent abuse by explaining to them the basics of caring for animals. The study highlights the negative impact of the environment and the media on the formation of deviant behavior in adolescents. The danger of committing such crimes in the presence of young children is highlighted. It is emphasized that the systematic manifestation of cruelty to animals forms dangerous psychological patterns of behavior and creates favorable conditions for the escalation of violence in society. We believe that active promotion of responsible treatment of animals is required, and for this purpose it is necessary to prepare appropriate programs at the level of both individual subjects of the Russian Federation and Russia for the implementation of Federal Law No. 498-FZ of December 27, 2018 On Responsible Treatment of Animals and on Amendments to Certain Legislative Acts of the Russian Federation. In order to study the stated problem in detail, the special literature and regulatory legal acts regulating the treatment of animals were analyzed, and their shortcomings were identified based on the chosen research methodology. The analysis was carried out taking into account the dialectical and materialistic approach, as well as the comparative legal method of studying legal norms. Content analysis of information from the Internet was also used.