Vol 8, No 7 (2025)

with the rapid development of digital technologies and their introduction into the financial sector, electronic payment means have become an integral part of economic relations, providing convenience of transactions. However, this has led to an increase in crimes related to embezzlement and has caused difficulties in the criminal law qualification of such acts. The relevance of the study is due to contradictions in distinguishing fraud using electronic payment means (Art. 159.3 of the Criminal Code of the Russian Federation), theft from a bank account (subpara. “g,” para. 3, Art. 158 of the Criminal Code of the Russian Federation), and fraud in the sphere of computer information (Art. 159.6 of the Criminal Code of the Russian Federation). The purpose of the work is to analyze theoretical and practical problems of qualification, to identify the causes of instability in judicial practice, and to develop recommendations for its unification. The study revealed key problems of competition between norms: vague criteria for distinguishing deception from covert theft, especially in cases of social engineering (phishing, vishing). An analysis of practice showed that courts often classify similar acts under different articles, which undermines the principle of legal certainty. Typical scenarios have been identified, such as using someone else’s cards in contactless payments or transfers made under deception, leading to contradictory decisions.

the article provides a comprehensive study of the concept of improper provision of medical care. It analyzes its legal nature, the main causes and factors leading to violations of medical standards, and the consequences for patients, medical professionals, and the healthcare system. Special attention is given to criminal and civil liability aspects of healthcare workers for violations, as well as preventive measures and legal reforms aimed at improving patient safety. The study is based on the analysis of Russian legislation, judicial practice, and contemporary scientific research.

the formation of a global legal framework for intellectual property protection occurs at the intersection of economic interests and political strategies. Developed countries promote strict standards to protect innovations and investments, while developing states seek flexibility to access technologies and knowledge. The relevance lies in conflicts within international organizations such as WIPO and the WTO, where economic power influences legal norms, creating tension between innovation and social justice. The study is based on an analysis of international treaties (Paris and Berne Conventions, TRIPS Agreement), regional agreements (USMCA, CETA), national legislation of key countries, and WTO decisions. Formal-legal, comparative-legal, systemic, and historical-legal methods are applied to study the evolution of norms and the influence of political and economic factors. It has been revealed that historically, the intellectual property legal system served to consolidate the economic superiority of developed countries, as in the case of TRIPS, imposed through trade mechanisms. Conflicts manifest in pharmaceuticals (Doha Declaration), digital technologies, and biopiracy, where political pressure fragments global regulation.

the author of the article conducts a comparative legal analysis of one of the methods provided for by housing legislation for managing an apartment building - a homeowners' association. This analysis is carried out by studying the legal norms of housing and civil legislation governing the establishment and functioning of homeowners' associations, in order to determine the most significant properties of the considered method of managing apartment buildings. In addition, the analysis compares homeowners' associations with other types of management of apartment buildings provided for by the housing legislation of the Russian Federation. The results of the analysis allow the author to identify both the positive properties of this type of management of apartment buildings, which make it one of the most effective, and the negative properties that significantly reduce the quality of management and, as a result, negatively affect the lives of owners of premises in an apartment building. The author suggests possible ways to overcome the negative factors of the functioning of homeowners' associations in order to increase the efficiency of this type of management of apartment buildings. The relevance of the article is due to the existing systemic and global problems in the field of housing and communal services, which increase social tension in society, and is aimed at finding solutions to them.

theft from fuel and energy infrastructure facilities, such as oil pipelines, oil product pipelines, and gas pipelines, poses a serious threat to Russia’s economic and environmental security. The legislator has singled them out as a qualified offence under clause “b”, part 3, article 158 of the Criminal Code of the Russian Federation in order to strengthen their protection. The relevance of the study is determined by the difficulties of qualification, including the definition of concepts, differentiation from related offences, and inconsistency in judicial practice, which reduces the effectiveness of combating such crimes. The research relies on the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, federal laws on gas supply and industrial safety, rulings of the Plenum of the Supreme Court of the Russian Federation, and the works of scholars in the field of criminal law. Formal-legal, comparative-legal and systemic methods were applied, as well as an analysis of court decisions in cases of theft from pipelines. The key issues identified include: the absence of a legal definition of “pipeline” in the Criminal Code of the Russian Federation, difficulties in distinguishing from article 215.3 of the Criminal Code of the Russian Federation in terms of intent and danger, ambiguity regarding the moment the crime is completed, difficulties in proving the volume of stolen gas, and problems qualifying accomplices in organized groups. The discussion emphasizes the need to unify judicial practice through a new resolution of the Plenum of the Supreme Court of the Russian Federation with clear criteria for qualification and differentiation of offences. This would eliminate legal uncertainty, improve the quality of investigations, and strengthen the protection of strategic fuel and energy infrastructure facilities.

the development of the digital economy is transforming the role of state institutions, shifting from passive observation to active regulation in order to ensure sovereignty and minimize political risks such as cyber threats and sanctions. The relevance is determined by the need to balance innovation, data protection, and national security, where legal mechanisms become tools of policy, influencing business and civil rights. The study is based on federal laws of the Russian Federation on information and personal data, strategic documents such as the Information Security Doctrine, by-laws, and judicial practice. Formal-legal analysis, a systemic approach, the comparative-legal method, and the study of law enforcement are applied to assess regulatory mechanisms. Key mechanisms identified include the concept of digital sovereignty with data localization, increased fines for breaches, extraterritorial application of norms, content blocking, the "sovereign Runet," and antitrust control over platforms, aimed at countering external threats.

currently, there is no universally accepted definition of "investment" worldwide, as various countries adopt different contextual frameworks. Although Vietnam and Russia have maintained trade and investment relations since 1994, their respective conceptualizations and regulatory approaches to investment differ significantly, reflecting their unique legal, economic, and institutional contexts. This article compares the approaches to the definition of investment in Vietnam and Russia and identifies the issues arising from the interpretation of the concept within the framework of current Vietnamese legislation.

the article is devoted to the study of risks associated with syndicated lending. Syndicated lending is an important instrument for financing large projects, where several creditors join forces to provide a single loan to a borrower. Despite its advantages, such as optimization of lending terms and provision of the necessary resources for the implementation of large-scale projects, syndicated lending is associated with a number of risks for both creditors and borrowers. The article considers the main types of risks: credit, operational, legal, market and currency. Particular attention is paid to the analysis of factors that can lead to disputes among syndicate participants, such as insufficient transparency of the terms of agreements, inconsistency of actions among creditors, changes in loan terms during the transaction and failure to fulfill obligations by the borrower. The practice of resolving disputes arising between syndicate participants and the borrower is also studied. The article discusses methods for minimizing risks, including competent drafting of contracts, the use of hedging, as well as arbitration and mediation mechanisms, which are the most effective ways to resolve conflicts in international practice. Based on the analysis of theoretical and practical aspects of syndicated lending, the article provides recommendations for syndicate participants and borrowers aimed at increasing the transparency of lending processes, effective risk management and minimizing the likelihood of disputes. It considers best practices and strategies that can be used for the successful implementation of syndicated loan transactions.

the article is devoted to the systematization and doctrinal differentiation of types of contracts used in maritime cargo transportation under Russian law, with a comparison of the approaches of the Civil Code of the Russian Federation (CC RF), the Merchant Shipping Code of the Russian Federation (MSC RF), and international conventions (Hague-Visby, Hamburg, and Rotterdam Rules). It demonstrates that the basic division of contracts for the carriage of goods by sea into two types – those with a condition providing all (or part of) the vessel’s capacity (charter) and those without such a condition (bill of lading contract) – correlates with the two systems of shipping organization: tramp and liner shipping. The article identifies terminological collisions of “freight/charter/carriage” between the CC RF and the MSC RF, as well as the practice of mixing contracts of carriage with contracts of leasing a means of transport (time and bareboat charter). The article substantiates the advisability of using the terms “charter carriage contract” and “bill of lading carriage contract” for different models of risk and duty allocation between parties. On the basis of comparative legal analysis, the article proposes an editorial amendment to Article 787 of the CC RF, eliminating ambiguity and harmonizing civil law terminology with industry-specific maritime law and international standards.

the article provides a comprehensive study of the legal status of electronic medical records as evidence in criminal proceedings in the context of the active digitalization of the healthcare system of the Russian Federation. The article analyzes the legal nature of electronic medical records through the prism of their dual nature – as medical documents with special legal significance for establishing the factual circumstances of the case, and electronic documents with specific technical characteristics that require a special approach to their procedural design and research.The issues of the admissibility, relevance, reliability and procedural procedure of using electronic medical records as evidence in criminal cases of various categories are considered in detail. The article examines the features of the use of electronic medical documents in the investigation of crimes against life and health, official crimes in the field of healthcare, as well as economic crimes related to medical activities.Special attention is paid to the problems of observing the constitutional rights of citizens to privacy, personal and family secrets, and the protection of personal data when receiving, researching, and using medical information in criminal proceedings. The correlation between the public interests of criminal proceedings and the private interests of citizens in protecting medical secrets is analyzed.Significant gaps are identified in the current criminal procedure, medical and information legislation regulating the use of electronic medical documents in criminal proceedings. The shortcomings of the legal regulation of procedures for obtaining, recording and verifying the authenticity of electronic medical records as evidence are critically assessed.The problems of establishing the authenticity of electronic medical records are analyzed in detail, including issues of verifying electronic signatures of medical professionals, verifying data integrity, establishing the authorship of records and timestamps. The features of conducting computer-technical, handwriting, and medical-forensic examinations of electronic medical documents are investigated.The problems of ensuring the continuity of the chain of custody when working with electronic medical records, including issues of their seizure, copying, storage and transfer between participants in the criminal process, are considered. The risks of modification, destruction or falsification of electronic medical data are analyzed.

the article examines the problem of the mechanism of using non-verbal forms by the public prosecutor when participating in the arguments of the parties in a jury trial. The expansion of the jurisdiction of the jury and the more active involvement of the prosecutor in the process of drafting an indictment requires the development of mechanisms other than the ordinary procedure for considering criminal cases, allowing the public prosecutor to participate in the judicial investigation and the debate of the parties in the new conditions of the adversarial process. A trial by jury, being a differentiated type of judicial proceeding, cannot but differ from an ordinary trial by special means of proving the conclusions of the prosecution. The purpose of the study is to develop conceptual provisions on the procedure for the use of non-verbal forms by the public prosecutor when participating in the debate of the parties in a jury trial, as well as to formulate proposals on this basis aimed at improving the norms of the current criminal procedure legislation and the practice of their application. As a result of the study, it was found that granting the public prosecutor the right to substantiate his position in the arguments of the parties not only audibly, but also by visually demonstrating information in order to bring it to the jury. This will reveal contradictions in the position of the procedural opponent, logically substantiate the thesis of the charge formulated in the indictment and duplicated in the opening statement.

the article examines the governance structure of limited liability companies (LLCs, OOO) in the Russian Federation. Drawing on an analysis of the provisions of the Civil Code of the Russian Federation and Federal Law No. 14-FZ “On Limited Liability Companies” in their latest versions, as well as current case law of the Supreme Court of the Russian Federation, the study considers the baseline two-tier model (general meeting of participants – sole executive body) and extended configurations featuring a board of directors (supervisory board), a collective executive body, and internal control bodies. Particular attention is paid to the new rules on remote and hybrid (“in-person–in absentia”) meetings, the notarial certification of the fact of a director’s appointment, the Civil Code’s recognition of the possibility of multiple concurrent sole executive bodies, and regulatory divergences with Law No. 14-FZ. The article formulates criteria for the “effective competence” of corporate bodies, describes typical risks of invalidity of corporate resolutions and the liability of controlling persons, and concludes with targeted amendments to Law No. 14-FZ to harmonize it with the Civil Code and prevailing practice.

economic sanctions imposed by Western countries are pushing Russian international trade entities to use digital currency as a means of payment, which may have adverse consequences. The purpose of this study is to identify the risks associated with the use of digital currency as a means of payment in international trade by Russian residents and to explore potential solutions. The objectives of the study are to examine the theoretical and practical aspects of using digital currency as a means of payment in international trade. Based on the results of the study, the following conclusions can be drawn: 1) the use of digital currency as a means of payment undermines the financial system of Russia; 2) any type of cryptocurrencies can lose its value at an unexpected moment and cause significant damage to its holder; 3) the digital currency is a monetary unit of transnational crime and the shadow economy, as well as it itself is easy to become the subject of property crimes; 4) there is no adequate interstate legal basis for the investigation of crimes committed using blockchain technologies; 5) an interstate investigation of crimes is not effective, and the cooling of relations with Western countries affects the execution of Russian requests for international legal assistance; 6) attempts to resolve the law of the law by the trade in cryptocurrencies will not be successful, since illegal platforms outside the legal field and control of the financial and law enforcement agencies will still remain. In order not to expose to the specified legal risks of the subjects of international relations, it is necessary to introduce international fiat money based on blockchain technologies as an alternative to digital currencies.

the article explores the legal and economic aspects of proving damages caused by violations of antitrust legislation. It examines the main methods and approaches to determining the amount of damage, as well as the challenges and solutions in law enforcement practice. The article analyzes the criteria for proving damages, including establishing a causal relationship between anti-competitive actions and the resulting losses. Special attention is given to the economic justification of the amount of damage caused and the application of various methods for calculating it.

the article examines the law enforcement significance of the rule of law principle. The author identifies defects in the legislative regulation of control in the field of bidding, develops and substantiates practical recommendations for improving the legal regulation of the procedure for implementing antimonopoly control over bidding and relevant law enforcement practices. Namely, the article presents the following research results: based on the materials of judicial practice, it has been established that the goals and principles of legal regulation make it possible to limit the broad discretionary powers of antimonopoly authorities and thereby implement the principle of the rule of law in legal relations for the control of bidding procedures. At the same time, judicial practice indicates the need for the direct operation of the rule of law principle in the realization of the control powers of the FAS of Russia to issue obligatory orders.

the article provides a comprehensive analysis of the current problems of civil law regulation of relations arising from the use of artificial intelligence systems in autonomous transport. The active development of unmanned driving technologies is outpacing the formation of a legal framework, which in turn creates significant legal risks and uncertainty. The article analyzes the existing and proposed approaches to overcoming these challenges in the doctrine and formulates specific recommendations for improving Russian legislation. In our opinion, it is necessary to adopt a specialized legislative act that would distribute responsibility between the manufacturer, owner, operator, and software developer of an autonomous vehicle, as well as establish a special regime of compulsory civil liability insurance.

the purpose of this study is a comprehensive analysis of the legal protection of the results of creative activity in the field of education and scientific activity in the Russian Federation. The problem of the research is the need to develop proposals for optimizing legislation and law enforcement practices that will promote effective and fair legal protection of the results of creative activity in education and science, while taking into account the interests of all stakeholders and ensuring access to knowledge and innovation. The object of the research is the legal regulation of the protection of the results of creative activity in the educational and scientific fields, or rather, a set of legal norms and principles that establish the foundations for the protection of intellectual property. The subject of the research is specific legal mechanisms regulating the protection of the results of creative activity in education and science, as well as their effectiveness and compliance with modern requirements and challenges.

the article examines the institution of a mandatory share in Russian legislation and some problems of allocating a mandatory share from the inheritance. Recently, judicial practice has been replenished with cases when heirs either reduced the mandatory share or were denied its award altogether. The main purpose of the study is to analyze the reasons for the reduction of the mandatory share or the refusal to allocate it, as well as to develop proposals to maintain the balance of interests of the testator and heirs. The method of interpretation of law and legal norms, comparative analysis, modeling of situations, and a comprehensive analysis of judicial practice were used. The method of deduction was used, which allowed us to conclude that it was necessary to amend the current Russian legislation. Based on the results of the study, the option of reserving a mandatory share in the inherited property, the introduction of the distribution of the mandatory share in monetary terms, is proposed. In relation to spouses, a separate list of reasons should be fixed for refusing to allocate a mandatory share if one of the spouses claims it: if the spouse left the spouse before his death; did not provide proper care, treatment, moral and material support; if the marriage was in the process of dissolution, but the spouses did not have time to register the divorce.

the article analyzes the doctrinal support of the activities of the service of district police commissioners and identifies the practical features of the service performed by a district police commissioner in the field of migration legislation within the administrative district. The main focus is on methods of detecting violations of registration rules by citizens of the Russian Federation and unlawful activities of foreign citizens against the administration. Criminal offenses are considered in relation to administrative offenses reflecting violations of migration rules. In conclusion, the author argues that non-compliance with migration registration, residence rules, and illegal labor activities entail administrative liability for both the foreign citizen and the receiving party. This requires a certain procedure for interaction with migration departments and an integrated approach to solving the problem of preventing crime among foreign citizens.

the study demonstrates that international courts and tribunals perform the function of structuring and "revitalizing" environmental regulations through the development of due diligence standards, the consolidation of States' procedural obligations and the formation of practices for environmental damage compensation. The results show a convergence of approaches between universal and regional forums: judicial authorities strengthen positive responsibilities to prevent significant harm, require transparency of goals and monitoring, develop reparations based on ecosystem functions, and integrate human rights into environmental policy assessment. The institutional and methodological limits of judicial control are discussed, as well as the impact of precedents on national law enforcement practice.