Vol 8, No 4 (2025)

the article examines the procedural status of subordinated creditors, taking into account the provisions of the Review of the Supreme Court of the Russian Federation dated January 29, 2020. As a result of the study of judicial practice, contradictions in the positions of the courts have been revealed, the courts interpret the provisions of the Review rather narrowly and do not provide subordinated creditors with sufficient tools to protect their rights. The economic situation in Russia is unstable and volatile, which requires an understanding of the legal status of subordinated creditors, constant changes in bankruptcy legislation require analysis and adaptation, and understanding the status of subordinated creditors is important for investors and financial institutions. For a long time, Russia lacked a mechanism for regulating the subordination of creditors, and the Supreme Court of the Russian Federation adopted an approach in which loans from affiliated companies are considered subordinated. The main purpose is to examine the rules of subordination in foreign countries and in Russia, and identify the main principles and differences. In Russia, subordinated creditors receive payments last. The current approach of the courts to the restrictive interpretation of the procedural rights of subordinated creditors is conceptually incorrect. Based on the analysis of judicial practice and foreign experience, the authors propose ways to improve current legislation that will help protect the rights of subordinated creditors, while reducing abuse by affiliated companies and strengthening legal certainty in the allocation of assets in bankruptcy. The authors propose to consolidate the concept of a subordinated creditor and the criteria for classifying creditors as such, limit the order of satisfaction of creditors' claims, determine the scope of rights and procedural status of subordinated creditors, define procedures for challenging transactions involving subordinated creditors, and establish mandatory registration of such loans and disclosure of information about them.

the purpose of this study is to analyze the existing mechanisms of public procurement in the context of sanctions policy and develop recommendations for their improvement. Materials and methods. The study is based on the analysis of legislative acts and regulatory documents. The methods of literary review and comparative analysis were used in the study. Results and discussions. In the course of the work, it was established that the new rules introduced under the Decree of the Government of the Russian Federation No. 1875 are aimed at supporting domestic producers and optimizing procurement procedures. Key measures such as a ban on purchases of foreign goods and the introduction of benefits for domestic producers are considered. Changes in legislation related to supplier support and adaptation to new economic conditions are also analyzed. Legislative changes adopted in response to sanctions pressure include measures to support suppliers under government contracts and simplify procedures for small and medium-sized enterprises. Conclusions. The implementation of the recommendations proposed by the author will improve the efficiency of public procurement and strengthen the economic stability of the country.

in this scientific work, the author briefly analyzes the features of legal regulation of digitalization of tax administration in modern Russian tax practice. Thus, the author considers the essence and features of tax administration in principle, then moves on to the analysis of current legal regulation. The author examines both federal legislation and departmental sources, and also draws attention to areas that remain important for adjustments by the legislator. In conclusion, the author concludes that digital transformation in Russian tax policy will continue, as well as the improvement of specialized legislation in the area under consideration.

this article examines the features of remote electronic voting (REV) in Russia through the lens of historical development, legal regulation, and contemporary implementation practices. The advancement and expansion of digital technologies have significantly influenced electoral processes, making the study of REV in Russia a pressing necessity. The relevance of the topic is determined by the state's efforts to enhance electoral accessibility, as well as the existing challenges related to security, transparency, and public trust in electronic voting systems. Despite the legal institutionalization of REV and its active implementation, the scientific community remains divided on its effectiveness and compliance with democratic standards. The article aims to identify key issues in the regulation, organization, and technological aspects of REV in Russia, as well as to analyze its historical background and prerequisites. The study concludes that the legal framework governing REV remains fragmented, creating uncertainties regarding citizens’ electoral rights and mechanisms for overseeing the voting process. The debate over the system’s reliability and its impact on voter turnout remains particularly contentious. The author’s contribution lies in a systematic analysis of existing approaches to the study of REV, the structuring of legal and academic sources, and the formulation of recommendations for addressing existing challenges. The findings will be useful to experts in electoral law, political scientists, developers of digital voting systems, and policymakers shaping election digitalization strategies.

the relevance of the stated topic is determined by the widespread prevalence and danger to society of juvenile delinquency. This work examines the organizational and tactical features of interrogation of a minor suspect, and also pays attention to the special legal protection of persons under the age of eighteen. The authors highlight the problem of using different types of questions during interrogation, and also propose improving the criminal procedure legislation. The main tactical techniques of interrogation in a conflict pre-interrogation situation are studied. The opinions of a number of authors regarding the admissibility of their use are analyzed and the author's opinion is expressed.

the article provides a general overview of the practice of executing a software contract, and identifies a number of major problems that some authors reported earlier, but which are still relevant. The individual types of the software contract are considered, the analysis of judicial practice is carried out and the key problems for each type of contract are identified in this work. It is proposed to consider the software provision contract as a mixed contract that combines the features of a license agreement, a supply agreement, or a contract for the provision of paid services.

in the context of reforming the Russian legal system and changes in foreign policy, socio-economic and other spheres of public life, the role of special legal regimes is increasing. These regimes are mechanisms aimed at stabilizing social relations and promptly responding to crisis situations, such as the COVID-19 pandemic and the special military operation launched in February 2022. Special legal regimes temporarily restrict the rights and freedoms of citizens, granting the state additional powers to ensure security and protect public interests. Special legal regimes are classified into high alert and state of emergency regimes. A high alert regime is introduced when there is a threat of an emergency and provides for increased control and mobilization of resources. A state of emergency is applied in the event of natural disasters, terrorist acts or armed conflicts and involves emergency measures to eliminate the consequences and restore the normal functioning of society. An example of such regimes are the decrees of the President of the Russian Federation of October 19, 2022, introducing martial law in the territories of the Donetsk and Luhansk People's Republics, the Zaporozhye and Kherson regions, as well as high alert regimes in other regions. Special legal regimes are highly adaptable and local, which allows for a flexible response to changes and the application of measures in specific conditions. They include restrictions on constitutional rights, such as a moratorium on bankruptcy or the postponement of elections, as well as incentive measures, such as permission to import goods without the consent of copyright holders under sanctions. However, such restrictions must be justified and consistent with the goals of protecting the constitutional order, health and safety of citizens. Despite the effectiveness of special legal regimes in crisis situations, their use gives rise to debate, especially regarding the legitimacy of restricting rights and freedoms. The authorities emphasize the need for such measures to ensure security and stability, while the opposition and experts express concerns about possible abuses and a decrease in the level of public control. Thus, special legal regimes remain an important instrument of public administration, requiring a balance between ensuring security and protecting civil rights.

the author proposes to improve the Russian criminal law for crimes committed in the interests of a foreign state, arising from the attempt of comparative-legal penal norms of foreign countries, criminalizing offences committed in the interests of a foreign State. The relevance of the topic of the article is due to the spread of political conflicts in the world, which has led to the need to improve offences that cause harm to the security of the state, in particular those related to foreign intervention. The author has carried out a comparative legal analysis of criminal law rules on criminal liability for acts committed in the interests of a foreign state and (or) international organizations 16 countries Roman-German, Anglo-Saxon, Muslim, mixed (Asian, traditional) legal families. Based on the analysis carried out, aspects that would make it possible to improve Russian criminal law with regard to crimes committed in the interests of a foreign state were highlighted. It was concluded that the Criminal Code of the Russian Federation could be amended in the light of a comparative legal analysis.

the article is devoted to a comparative legal study of the main directions of evolution and reform of the judicial systems of the Russian Federation and the United States of America. The relevance of the topic stems from the central role of the judiciary in ensuring the rule of law and protecting citizens' rights in modern states, as well as the ongoing processes of judicial transformation in both countries. The aim of the research is to identify the key development vectors, specific national features, and common challenges facing the judicial systems of Russia and the USA. The paper analyzes the historical, political, and legal prerequisites that have shaped the differences in judicial models belonging to the continental and Anglo-Saxon legal families, respectively. The main reform trends in the Russian judicial system are examined, including increased centralization through the unification of higher courts and the creation of district appellate and cassation courts, the abolition of regional constitutional courts, and an emphasis on court specialization (arbitrazh (commercial), military, Intellectual Property Court). The characteristic features of the American system are explored: the persistent dualism of federal and state courts, decentralization, the fundamental role of judicial precedent, and the US Supreme Court as a body of constitutional review. Special attention is paid to the problems of ensuring judicial independence and increasing the level of public trust in the courts, which are acute for both countries. Measures to improve the efficiency of justice are also analyzed, including the introduction of digital technologies (electronic document management, video conferencing) and ensuring access to justice. Differences in constitutional review mechanisms are identified (a specialized court in Russia versus integration into the general judicial system in the USA). It is concluded that, despite fundamental differences in structure and legal traditions, both systems are dynamically searching for ways to improve in order to adapt to modern socio-economic realities and more effectively protect rights and freedoms. Comparative analysis allows not only for a better understanding of each system but also for identifying potentially useful experiences for mutual enrichment.

a share can be issued as a digital financial asset, i.e. in digital form. Many theoretical and practical issues related to such shares have been little studied in civilistic theory, including the problem of classification. In addition, a systemic analysis of Russian legislation leads to the conclusion that there is a problem. Many legal provisions that establish the legal regime of shares in digital form have gaps and ambiguities. The object of the study is the political and legal practice related to shares in digital form, including regulatory legal acts and private law doctrine. The subject of the study is the essential features of shares in digital form, allowing to distinguish varieties and groups, and the relationship of different types with each other. The study is aimed at identifying the varieties of shares in digital form in lex lata and determining possible types in lex ferenda, and their systematization. The author has formed a classification of shares in digital form in lex lata on the following grounds: by the volume of rights granted to the shareholder (ordinary and preferred (cumulative and non-cumulative, various types according to the charter of the joint-stock company)); by the information system in which the issue and circulation is carried out (in a distributed registry and other information systems); by the possibility of splitting (fractional and whole). When modernizing Russian legislation in the future, lex ferenda may additionally include the following classification: depending on the possibility of conversion (convertible and non-convertible); by the issuer (public and non-public joint-stock companies (including people's enterprises and joint-stock investment funds)).

the article provides a review of contractual practice of the largest Russian energy companies on the use of pre-contractual constructions. The article explores the pre-contractual stage in the formation of contractual relationships within the energy sector and its significance in legal practice. Special focus is given to pre-contractual agreements widely used by major Russian energy companies such as PJSC Gazprom, PJSC Transneft, PJSC Lukoil, among others. The paper analyzes the main legal structures employed at this stage, including preliminary agreements, letters of intent, framework agreements, options, and confidentiality agreements. The author examines the legal nature of these instruments, their binding force, and key features of their conclusion and enforcement. Particular attention is paid to the differences between Russian and foreign regulation of pre-contractual relations. The article provides a comparative overview of approaches to pre-contractual arrangements in Anglo-American, German, and French legal systems. It highlights the practical relevance and necessity of detailed legal regulation of pre-contractual procedures, especially in the context of multimillion-dollar deals typical for the fuel and energy sector. The paper concludes that Russian regulation has become increasingly aligned with international standards, though further legal development in this area remains essential.

in this scientific article, the author examines the features of the legal status and role of the Entrepreneurship Commissioner (hereinafter referred to as the Commissioner) in the context of countering the influence of anti-Russian sanctions. The author focuses on three key components of the functionality: scientific and educational, advisory, legislative functions, but briefly mentions others. In conclusion of the study, the author concludes that by now the legal status of the Commissioner both at the federal level and in the constituent entities of the Russian Federation has already been sufficiently strengthened, and in the future such strengthening of the position of the Commissioner will only continue, including since the Russian state itself has chosen a similar line of movement.

the article examines the use of crowdfunding in the context of restructuring citizens' debts in bankruptcy cases. Readers' attention is focused on the fact that in recent decades there has been an increase in the popularity of crowdfunding in Russia and the world, therefore, this article analyzes existing approaches to the definition of this concept and its reflection in Russian legislation. Various forms of crowdfunding in European practice are described and the specifics of the Russian model are considered. The authors conclude that there are a variety of crowdfunding models in European legislation and the lack of regulation of this institution in the Russian Federation today. Along with the study of investment mechanisms, this article analyzes the essence of the debt restructuring procedure, taking into account legislation and law enforcement practice. It follows from the content of the materials that the bankruptcy institution as a whole is based on dispositive principles, since the main thing is to restore the debtor's solvency and satisfy creditors' claims in the most cost-effective way. The article touches on the prospects of using crowdfunding to repay debt obligations and suggests considering the feasibility of introducing this financial instrument into debt restructuring procedures. The authors conclude that it is possible to give a positive answer to the question of the applicability of crowdfunding investments as part of the debt restructuring procedure. Nevertheless, the work indicates that for the normal and safe use of the institution of crowdfunding, it is necessary to legislate new types of public investment, which are already known to the doctrine of law and are actively used in the legislative practice of developed foreign countries.

this article explores the legal nature of pre-contractual relations between parties engaged in negotiations for a civil contract. The qualification of such relations remains a subject of scholarly debate in civil law, as it determines whether obligations are governed by contractual or tort principles. The study examines two dominant international approaches: the French model, which denies the existence of obligations between negotiators and treats pre-contractual misconduct as a tort; and the German model, which recognizes quasi-contractual obligations accompanied by protective duties. Russian legislation incorporates elements of both systems, especially following the 2015 civil law reform, which formally introduced the concept of pre-contractual liability. The article analyzes legislative developments, judicial practice, and scholarly opinions, with particular attention to the standards of good faith and the role of implicit agreements in negotiation processes. It argues for the recognition of both contractual and non-contractual forms of negotiation, where the absence of a written agreement does not preclude the existence of binding obligations. The paper concludes that a case-by-case approach is essential for determining the legal nature of negotiation relations, emphasizing the need for further doctrinal development and clearer criteria to ensure legal certainty and the protection of negotiating parties’ interests.

the article examines the phenomenon of digitalization in criminal proceedings and analyzes existing scientific approaches to its definition. The author proposes an original definition of digitalization, identifies and systematizes its key elements. Special attention is paid to the classification of elements according to various criteria, which allows structuring digital transformation processes and forecasting their development. The research results have theoretical and practical significance for improving the mechanisms of implementing digital technologies in criminal proceedings.