Vol 8, No 5 (2025)

the article presents the results of a theoretical and legal study of the principle of good faith in the civil law of the Russian Federation, focusing on the transformation of this category from an evaluative and axiologically uncertain into a normatively defined and codified legal structure. The scientific approaches to the concept of good faith are analyzed, the problems of normative fragmentation and inconsistency of judicial practice are revealed, in particular, the discrepancy between the legal positions of the Supreme Court of the Russian Federation and the formal dogmatic approach of lower instances. Based on doctrinal, comparative legal and law enforcement analysis, proposals have been developed for the institutionalization of good faith in the Civil Code of the Russian Federation, including the introduction of a legal definition, differentiation of goodwill by stages of commitment, formalization of presumptions and criteria, as well as the consolidation of a positive obligation to promote the faithful fulfillment of obligations. The concept of good faith is formulated as a normative instrument of legal correction, focused on increasing the predictability, stability and consistency of civil law regulation.

the article is devoted to the analysis of the legal status of charters of higher education institutions. The paper considers the main concepts concerning the charters of higher education institutions, their legal nature and functions. In the first part of the paper the author examines in detail the legal nature of the statutes of higher education institutions, emphasizing their role in the system of normative acts regulating the activities of higher education institutions. The charter of higher education institution is defined as the main local normative act that establishes the organizational and management framework, rights and obligations of participants of the educational process. When defining the concept of highest educational organizations’ charters, special attention is paid to the functions of highest educational organizations’ charter, including regulation of internal structure, management procedure and principles of educational activity, which makes the charter a key document in the management of highest educational organization. The author pays attention to the grounds for the classification of charters, highlighting the key criteria for differentiation of highest educational organizations’ charters. A detailed analysis of different types of highest educational organizations’ charters, including public and private educational institutions, and their specific features is also carried out. The article focuses on legislative and normative acts regulating the development and approval of charters, as well as on the practice of applying these norms in the activities of higher education institutions.

the article examines the legislative and law enforcement aspects of the use of religious symbols and semantics in the context of trademarks. The main idea of the work is the need to protect the religious feelings of citizens from the commercial use of religious designations, the inadmissibility of insulting the feelings of believers, which should be ensured at the legislative and law enforcement level. The author systematically reveals the problem associated with the use of religious symbols and semantics in trademarks, examines legislative provisions, judicial precedents related to the registration and use of such trademarks, seeking to identify legal gaps and suggest ways to eliminate them. It is emphasized that granting business entities exclusive rights to use religious words and symbols in trademarks may harm public interests. The article discusses various legislative mechanisms aimed at preventing offending the feelings of believers. Particular attention is paid to regulatory changes aimed at defining the procedure for the examination of trademarks with religious symbols and semantics. The author analyzes some court disputes, pointing out their diversity and ambiguity of decisions. Case examples demonstrate how subjective assessments can influence law enforcement. In conclusion, specific proposals are made to resolve the problems identified in the course of the study.

this article examines the civil law aspects of regulating the institute of participation in shared-construction in the Russian Federation, taking into account recent legislative changes and trends in judicial practice. The purpose of the study is to provide a comprehensive analysis of the legal status of the parties to the shared-construction agreement, identify contradictions and gaps in the current regulation, and determine directions for improving the system of protecting the rights of shared-construction participants. The study involved reviewing key regulatory acts, analyzing decisions of federal and regional courts, as well as scientific publications by leading experts in civil law. The methodological framework of the research included dialectical, comparative-legal, systemic, and functional approaches, which allowed for identifying internal contradictions in legal regulation and proposing ways to overcome them. The applied value of the findings is manifested in their capacity to enhance regulatory frameworks, establish consistent jurisprudential approaches, and create guidance materials for legal practitioners and construction sector specialists.

the article is devoted to the analysis of the criminal law regulation of socially dangerous acts encroaching on an unborn child. The author outlines the general legal issues of determining the subjectivity of an individual, including issues of providing legal protection to an unborn child (fetus, human embryo). Based on the analysis of scientific literature and legislation, the paper substantiates the compromise approach taken by the Russian legislator, the essence of which is to establish certain legislative measures aimed at preventing attacks against an unborn child while not recognizing the status of an unborn child as a subject of criminal law. The author also outlines a trend towards improving legislative measures to protect unborn children, including the introduction of measures to legally protect citizens from attacks committed before their birth, which corresponds to the legal position of the Constitutional Court of the Russian Federation. In conclusion, the paper presents arguments against the approach aimed at recognizing the unborn child's full-fledged status as a subject of law.

the article is devoted to the urgent problem of determining the legal status of artificial intelligence (AI) in the context of the rapid development of technology. The authors consider AI as a complex object of civil law regulation, analyze modern approaches to its qualification as a subject or object of private law. The article emphasizes that the current legislation does not keep pace with technological changes, which creates legal gaps and uncertainties. Special attention is paid to the international experience of AI regulation, including examples of granting legal personality to robots and chatbots in foreign countries. The authors propose to consider AI as a "digital asset", which will allow taking into account its unique characteristics without radical changes in legislation. In conclusion, the article formulates recommendations for improving the civil law regulation of AI, including the need to develop integrated approaches to the legal status of AI, its classification and the introduction of control mechanisms for its use.

this scientific article is devoted to a comprehensive study of the role of emotional state as a sign of the subjective side of the crime. The relevance of the analyzed issue is due to the need to improve doctrinal developments and law enforcement practice, where the assessment of emotional states is often associated with ambiguity of interpretation, which affects the qualification of acts and the individualization of punishment. Within the framework of this article, an interdisciplinary analysis of emotional states is carried out from the point of view of such sciences as psychology, neurophysiology and psychophysiology. Having carried out a comprehensive analysis of emotional states from the point of view of the considered sciences, it has been established that such states are subjective experiences, neurobiological mechanisms and physiological reactions. In addition, the concepts of emotional state and emotions are distinguished. Subsequently, the evolution of accounting for emotional states in the history of domestic legislation is considered. After that, the various views and positions of specialists in criminal law science regarding the place of emotions in the composition of the crime are analyzed. In the course of the study, gaps in criminal legislation regarding the consideration of emotional states in the qualification of crimes and the individualization of punishment were identified, and therefore initiatives for its improvement were proposed.

this article analyzes the legal regulation of tourist migration within the framework of the Eurasian Economic Union (EAEU) and the Commonwealth of Independent States (CIS). Tourist migration is considered as a form of cross-border mobility in which entry is carried out for tourism purposes, but subsequently the migration intention changes, resulting in the transformation of the legal status. The lack of unified definitions, procedures, and legal mechanisms for supporting such transformation leads to regulatory fragmentation and an increase in visa violations. The aim of the study is to identify shortcomings in the existing treaty-based and national regulations, assess the prospects for digitalization of visa policy, and substantiate a model of regional legal unification. The article examines best practices from Russia, Kazakhstan, Uzbekistan, and the European Union, including the introduction of electronic visas, migration monitoring systems, and mechanisms for pre-entry authorization. The author proposes a concept of legal unification that includes a definition of tourist migration, a coordinated mechanism for changing the purpose of stay, and a draft international agreement regulating the actions of states toward individuals with a transformed migration status. The practical significance of the study lies in the possibility of applying the proposed model to the development of legal instruments within the EAEU and CIS, improving migration policy, and building a digital infrastructure for visa control.

the article analyzes the main nuances and features of protecting the interests of a bona fide mortgagee, which is based on the norm of paragraph 2, paragraph 2, Article 335 of the Civil Code of the Russian Federation on the preservation of pledge rights in a situation of incompetence of the mortgagor, which the mortgagee did not know and could not know. The paper analyzes the issues of extending the protection of bona fide mortgagees when pledging not only things, but also other property, and also examines cases in which the protection of the interests of a bona fide mortgagee acquires special procedural forms of its implementation, which is supported by real examples from practice. In conclusion, the author concludes that it is necessary to exercise an increased level of prudence when verifying the legal purity of the pledge agreement before concluding it in order to maximize the risks of subsequent loss of collateral, which can occur regardless of the good faith of the pledgee.

the paper examines the features of protecting sellers from unjustified enrichment of dominant platforms. The need for analysis is due to the rapid growth of the digital economy, in which dominant marketplaces create serious systemic risks for sellers caused by practices of unjustified enrichment, including the unilateral imposition of disproportionate fines, the use of accession agreements to shift the burden of proof and the construction of economic barriers to judicial protection. The aim is to analyze the legal instruments and practices that lead to the transfer of profits from sellers to the dominant digital platforms. The author's hypothesis is that the current norms of the Civil Code of the Russian Federation and established judicial practice are not fully capable of neutralizing the systemic imbalances between the platform and the seller. To restore economic equivalence, it is necessary to form a special legal regime combining preventive antitrust measures and private law mechanisms for compensation of damages and recovery of unlawfully withheld amounts. The study, based on comparative legal, formal legal and systematic analysis of legislation, systematizes these models of enrichment, reveals the insufficient effectiveness of articles in the field of protecting the interests of sellers and suggests a set of measures to improve legal regulation.

a large number of scientific papers devoted to the study of problematic aspects of the emergence, functioning and development of the first Turkic state of the Turkic Khaganate have been published, however, controversial and controversial issues remain and more in-depth scientific research is needed. The author of this paper has tried to make his best contribution to fill this gap. Representatives of modern Turkic peoples, to the best of their ability, strive to show and prove the importance of their people's contribution to the history and statehood of the ancient Turkic state. It seems to us that each of these peoples has every right to declare this, since various tribes took an active part in the formation of the Turkic Khaganate. It has been scientifically proven that various tribes created Turk-El through unification, and the population began to be called Turks (Turkutes). Uzbeks, Kazakhs, Kyrgyz, Tatars, Bashkirs and other Turkic peoples in general, without denying their somewhat autochthonous nature, settled in their modern territories as a result The Great Migration towards Western Europe, through the process of conquests and the creation of the Great El Turks. These are the inevitable patterns of state and law, the fate of any empire is the same, they arise, develop, reach the peak of their development and disintegrate. Thus, various political spaces of modern nomadic peoples, the Turks, arose on the site of the collapse of the Turkic Khaganate. The denial of such is the renunciation of one's Turkism.

the article examines the legal aspects of applying tax incentives and exemptions in France’s overseas departments as a key instrument for achieving socio-economic parity with the country’s mainland. The main focus is on analyzing the conflict between the need for state support of remote regions and compliance with the principles of European law—specifically, the rules of the Single Market and the prohibition of excessive state aid that distorts competition. The authors explore in detail the legal framework governing the granting of incentives (the national Tax Code, the Law on the Development of Overseas Territories) and analyze the practical challenges of implementation related to geographic remoteness, differences in development levels and economic structures of the departments, as well as the risks of abuse and dependency. The study is based on an analysis of French legislation, European Union state-aid directives, case law (including decisions of the Conseil d’?tat and the European Court of Justice), and international standards (OECD, WTO). The methodology includes comparative legal analysis, assessment of the socio-economic effectiveness of incentives, and examination of control mechanisms (reporting, auditing, information exchange with international partners). Special emphasis is placed on the need for an integrated approach that combines tax incentives with investments in infrastructure, education, environmental protection, and social services to ensure sustainable development. The findings underscore that the effectiveness of tax incentives depends directly on their targeted nature, attention to local specificities, transparency, and strict compliance with France’s international obligations. Key challenges remain balancing regional support with compliance with EU competition law, preventing abuses, harmonizing incentives with environmental standards, and ensuring tangible benefits for the local population through job creation and infrastructure development.

in the article, the authors touch upon certain aspects of a procedural and organizational nature, as part of the preparatory stage of a search for crimes in the field of drug trafficking. Special attention is paid to the need to conduct initial investigative actions as quickly as possible in order to consolidate evidentiary information, which includes conducting a search. The special importance of the choice of tactics implemented at the preparatory stage of the investigative action under consideration by the persons of the preliminary investigation body was also noted. The study was conducted from the perspective of the organizational and procedural actions of the investigator (inquirer) at the preparatory stage of the search. Based on the analysis, the authors conclude that in addition to procedural elements, a special role is assigned to organizational elements, which are: collecting orientation information about the object being searched; collecting information about the identity of the person being searched and the persons living (staying) with him; studying the place of the search and ways of entering the premises; determining the time for the search; preparation of technical and forensic equipment and transport, communications; selection of persons who will be part of the search team, thereby forming a unified search preparation system.

the article explores the legal nature and essence of audit-related services, which are an integral part of the audit activity. The relevance of the topic is conditioned by the significant potential of audit-related services in their use within the framework of independent financial control of public financial statements of business entities, along with the audit, in the exercise by audit firms of their financial and control powers, implemented in order to protect the rights of society, the state and business to obtain reliable financial information on the economic activities of certain private entities, especially significant for the economic system of the country. The article considers and analyses the cases of mandatory checks of financial statements of certain economic entities established by law, conducted in the form of audit-related services. On the basis of the conducted research, the author proposes to classify the audit-related services into mandatory and initiative ones, and also concludes that there is a public-law component in the content of mandatory audit-related services. Theoretical and practical significance of the research lies in the fact that this work is one of the first to raise the issue of determining the place of audit-related services in the Russian legal system and substantiates the inclusion of mandatory audit-related services in the subject of public financial law.

this work is focused on studying the process of interaction between the military prosecutor's office and territorial prosecutor's office bodies, specifying the main areas of work, and differentiating the main functions. The author explores the specific features of joint activities, which are determined by the military specifics and the territorial organization of the prosecutor's office bodies. The purpose of the work is to specify the interaction between the military prosecutor's office and the territorial prosecutor's office, the object is the system of interaction between the military prosecutor's office and the territorial prosecutor's office, and the subject is the specific features of the interaction between these entities. The article reveals the structure of the military prosecutor's office and its powers in specific situations related to the prevention and combat of crimes. The author also discusses the control and supervisory functions of the military prosecutor's office and the need for the territorial prosecutor's office to participate in their implementation. The publication specifies the content of the joint activities of the prosecutor's office at various levels and focuses, and highlights the problems that arise during the work. It analyzes the delineation of powers between the military and territorial prosecutor's offices, and substantiates the need for integration of their activities in the field of control and supervision over the prevention and fight against crime.