Vol 7, No 1 (2025)

Introduction. The article examines one of the most difficult periods in relations between the USSR and the Republic of China – 1931–1939, when Soviet-Chinese relations were formed under the influence of foreign policy forces in a new international environment. The relevance of the topic is due to the need to protect the historical truth about the true culprits of the outbreak of the Second World War in the East.

Theoretical Basis. Methods. In the course of the study, the author studied and analyzed documents characterizing the process of formation of Soviet-Chinese relations in the 30s of the twentieth century. With the help of historiographical analysis, the appeal to the research topic is justified. Its little-studied aspects in Russian literature are identified. Based on chronological, historical, comparative and other methods, the foreign policy threats that pushed the USSR and China towards rapprochement are established.

Results. The content of the foreign policy factor in the history of Soviet-Chinese relations is determined – from the restoration of diplomatic relations to the conclusion of a non-aggression treaty. A condition has been established that formed the basis of the decisions taken on the way to creating a legal basis for cooperation between the two states – political pragmatism. The author’s vision of the role of the foreign policy factor in the history of the formation of the international legal framework of Soviet-Chinese relations is presented: the signing of a non-Aggression Treaty between the Union of Soviet Socialist Republics and the Republic of China. The importance of this agreement for the development of Soviet-Chinese relations on the eve of Second World War was noted.

Discussion and Сonclusion. The research materials can be used in educational and awareness-raising activities in connection with the significance of the experience of Soviet-Chinese interaction in the 30s in the light of today’s challenges facing Russia and China.

Introduction. The bureaucratic apparatus formed in republican Rome played a major role in the Eastern Roman Empire too. There are enough papers in the historiography of Byzantium devoted to the event history and to the state system as a whole, but only little attention is paid to the study of institutions. The available works are descriptive in nature and show the activities of specific individuals in the post of eparch and do not pay attention to the emergence of this position, the evolution of its functions and place in the government.

Theoretical Basis. Methods. The institute of the head of the capital of the Eastern Roman Empire, which is called “the eparch” is the object of this research. Based on the legislative acts of Rome and Byzantium and with help methods of analysis and synthesis, the author revealed when and why the position of the eparch appeared, how his functions changed over time. Using the comparative historical method, the differences between the eparch of Constantinople and the prefect of Rome is shown. So, the purpose of this article is reached.

Results. If the prefect in Rome was initially an insignificant figure, then in Constantinople the eparch was not just the head of the capital, but also the second person in the state after the emperor, who replaced him in case of his absence. According to legislative acts, the eparch was responsible for maintaining order in the city, its landscaping and cleanliness, and ensuring public safety. According to sources, in 899, the staff of the eparch included officials of 14 ranks, All of them had their own and very specific duties and responsibilities. While the prefect of Rome remained in office for one year, the time of service of the eparch was not determined, perhaps it was for life. He performed judicial functions, only the imperial court was above him. He had to control the execution of punishments together with the officials of his subordinate department. The main responsibility of the “father of the city” was to supply the capital with food, to control over trade and craft corporations, and to put in order their activities, as evidenced by the “Book of the Eparch” compiled at the beginning of the 10th century. Despite the fact that by the 12th century the eparch had lost some of its functions, until 1453 his office continued to properly carry out its activities.

Discussion and Conclusion. In conclusion we can say, that if at the time of his appearance the eparch was only supposed to supervise the order and security of the capital, then later he turned into the real father of the City. He controlled everything from compliance with trade rules to the consideration of legal disputes of citizens. All troubles in the capital did not affect the status of its head, he retained and consolidated his power, each time proving that the stable existence of the empire depends on stability within each power institution.

Introduction. The article examines the role and place of literature in the formation of the legal consciousness of minors in the 1930s, analyzes the factors that influenced the formation of the educational function of children’s literature, including an assessment of the development of criminal law in this period.

Methods. In the process of working on the article, general scientific methods of cognition (analysis, synthesis, generalization) and special methods of historical and legal sciences (specifically historical, historical-genetic, historical-comparative) were used.

Results. The authors hypothesize the emergence of an ideological demand for the creation of works that shape legal behavior under the influence of social processes in the 1930s, and explore the dialectical connection between the “formation-reflection” of the tightening of criminal liability of minors and ideologically conditioned changes in the content of children’s literary works.

Discussion and Сonclusion. According to the results of the study, the conclusion is formulated that Soviet children’s literature was one of the most powerful tools for the purposeful formation of legal awareness, starting from an early age.

Introduction. The concept of foreign policy of the Russian Federation for the first time for a normative act at the federal level is based on the qualification of Russia as a state-civilization.

Theoretical Basis. Methods. The theoretical reference point of the paradigm (model) of the state-civilization is philosophical-historical-political research regarding the diversity of civilizations. The combination of general scientific and legal-scientific methods (induction and deduction, functional and systemic-structural, teleological and descriptive-evaluative (descriptive), historical-legal, comparative-legal, formal-logical and formal-dogmatic) with the desire for objectivity and systematicity allows us to make scientifically sound conclusions, theoretically and practically useful and relevant proposals.

Results. Theoretical and legal approaches to the phenomenon of a country-civilization, which is unknown to the theory of Russian constitutional (state) law and its integration into the constitutional and legal field, are proposed. The author opposes the slide into ideologically conditioned extremes of conceptualization of the said phenomenon, which are the nationalization of the country and the dissolution of the state in the “world civilization”. In the link “I – Society – State – Civilization” the first three actors are the most mobile quantities, they can change places in terms of the degree of influence on each other and on Civilization as a whole, and the latter, being a composite alloy of their functioning, appears to be a certain constant and a guarantee of the existence and development of the country. Proposals are made in line with rethinking the content of the constitutional structure of a sovereign, democratic, legal, federal, social and secular state by endowing it with new responsibilities while ensuring a balance of rights, freedoms and responsibilities of citizens of the country-civilization.

Discussion and Conclusion. It is not this or that ideology that requires constitutional consolidation, but the status of Russia as a country-civilization, the conceptualization and constitutionalization of which seems to be an objectively necessary, but long-term process.

Introduction. Biomedicine has embraced the e-commerce world, where digital markets play a substantial role in distributing life-saving pharmaceuticals, medical devices, and healthcare products. The convergence of biomedicine and e-commerce poses challenges in protecting intellectual property rights across borders due to the global nature of online transactions. E-commerce platforms have enabled global reach for biomedicine companies by breaking geographical boundaries, operating 24/7, facilitating online advertising, easing product distribution, offering personalization, and utilizing data analysis to understand market dynamics. Intellectual property plays a crucial role in safeguarding innovations in biomedicine, encouraging investment, maintaining a competitive edge, allowing licensing agreements, protecting trademarks, and garnering local support. Therefore, the author’s objective was to analyze the cross-border protection of intellectual property in e-commerce of biomedical goods with a focus on the differences in the regulatory framework, the problems of counterfeiting and piracy, as well as the identification of jurisdictions requiring cooperation in their solution by stakeholders.

Methods. The methods used in this article involve a comprehensive review of existing international IP enforcement frameworks, with a focus on their application in the biomedicine e-commerce sector. The study applies a multidisciplinary approach, analyzing legal, technological, and regulatory challenges through secondary sources, including international treaties, national laws, and scholarly research. Comparative analysis is conducted to identify gaps in enforcement mechanisms across jurisdictions. Furthermore, case studies and contemporary examples of cross-border IP violations in biomedicine e-commerce are examined to illustrate practical challenges and potential solutions. Policy recommendations are developed by synthesizing insights from legal, technological, and institutional perspectives to propose enhanced enforcement strategies within a globalized context.

Results. Legal and regulatory variations, divergent enforcement procedures, jurisdictional issues, and cultural barriers complicate the enforcement of intellectual property rights in cross-border biomedicine e-commerce. Counterfeit products and piracy endanger consumers, harm reputable manufacturers, and erode stakeholder trust. Addressing these challenges demands coordinated efforts from governments, businesses, and society.

Discussion and Conclusion. Cross-border IP enforcement challenges in biomedicine e-commerce necessitate a comprehensive approach to protect intellectual property rights, combat counterfeiting, and address jurisdictional complexities effectively. Collaborative efforts involving technology, data analytics, legal frameworks, and stakeholder engagement are crucial in mitigating the risks associated with intellectual property infringement in the global digital marketplace. Emphasizing robust enforcement mechanisms and promoting legal harmonization are essential steps towards safeguarding innovation and ensuring a fair and secure environment for biomedicine e-commerce.

Introduction. In the context of the continued absence of a normative definition of the concept of “self-employed” in Russian legislation, the analysis of its content available in judicial practice is of both scientific and practical interest. The purpose of the study is to establish the meaning of the term “self-employed”, including in relation to the concept of “professional income tax payer”. To achieve this goal, the legal positions of the Constitutional Court of the Russian Federation of various time periods are analyzed, which are correlated with the development of tax legislation, including on the tax on professional income.

Theoretical Basis. Methods. The study analyzes individual conclusions of the Constitutional Court of the Russian Federation regarding the similarities and differences between the self-employed and NAP payers based on the work of Russian tax scientists. Based on them, judgments are made about the possible prospects for the development of tax legislation in this area, as well as conclusions about the role of the Court on the development of ideas about self-employment.

General scientific (generalization, analysis, synthesis) and private scientific (historical-legal, formal-legal, interpretation of law) research methods were used in the preparation of the article.

Results. The analysis of the decisions of the Constitutional Court of the Russian Federation on the definition of the self-employed has allowed us to address a number of controversial issues, and also revealed that some problems remain relevant related to the definition of the types of activities of the self-employed, the possibility of recognizing individual entrepreneurs and the lack of a document officially confirming the relevant status. Special attention is paid by the author to the new legal positions of the Court, fundamentally changing approaches to understanding self-employment.

Discussion and Conclusion. The lack of uniformity of judicial practice on the content of the term “self-employed” is a significant obstacle to taxpayers exercising their rights. We believe that as a possible solution to the problem, it is worth considering the option of defining the concept of self-employed in Russian tax legislation, and classifying both individuals and individual entrepreneurs among them.

Introduction. The design of uncertificated securities has been known to the Russian civil law for more than thirty years, while the essence of this object of civil rights, as well as the nature of the right arising on them, remains completely uncertain. One of the reasons for this is the lack of a systematic approach both in the process of law-making and in the interpretation of civil law norms.

Theoretical Basis. Methods. The theoretical basis of the study was formed by the works of scientists on this topic. The present study is based on the use of general theoretical methods of cognition analysis, synthesis, comparison, as well as private-scientific methods of cognition: historical-legal, formal-legal methods, methods of literal and systemic interpretation.

Results. During the existence of the construction of uncertificated securities, several concepts of the vision of the essence of uncertificated securities have been formulated: as a kind of things, as obligatory rights, as an ideal shell. The first two concepts are untenable, as they are not based on a systematic interpretation of civil law. The legislator, having identified uncertificated securities and the rights certified by them in Art. 128 of the Civil Code of the Russian Federation does not adhere to this approach when constructing other legal norms, in which the duality of uncertificated securities is preserved. The author proposes to be guided by the principle of systematicity in the study of the essence of book-entry securities and law-making, which consists in assessing the compliance of theoretical and normative constructions with already established institutions of civil law.

Discussion and Conclusion. In the author’s opinion, the concept of seeing uncertificated securities as an ideal shell is promising for the science of civil law, since it does not violate the logic of established sub-branches of civil law and corresponds to the current description of the legal regime of this object. It should also be recognised that on a book-entry security its holder has a special right with an absolute character, different from a proprietary right.

Introduction. Improving the effectiveness of criminal procedural activities within the framework of the modern adversarial model of criminal proceedings is the main direction in the administration of justice in criminal cases. The key role assigned to the court in the process of organizing and conducting the trial of criminal cases, due to its obligation to create equal conditions and opportunities for the exercise of procedural rights by the parties during the trial, actualizes the appeal to the problems of providing the court with appropriate procedural means of error-free criminal procedural activity, the result of which should be the decision of a lawful, reasonable and fair decision. The court’s focus on ensuring the equality of the parties at all stages of the adversarial trial should have a positive impact on the effectiveness of achieving the objectives of this stage and minimize judicial errors.
Theoretical Basis. Methods. The research was carried out on the basis of the use of classical doctrinal foundations and modern theoretical developments of the category of “competitiveness” in criminal proceedings. In the course of the work, basic general scientific and private scientific methods of scientific cognition were applied, such as: dialectical, historical, systematic, formal legal, comparative legal, method of procedural modeling and others suitable for the study of such a stage of criminal proceedings as a trial.
Results. Based on the basic concepts of competitiveness in modern Russian criminal proceedings, the main elements of the modern adversarial model of judicial proceedings in criminal proceedings are characterized. Based on the analysis of the current criminal procedure legislation and judicial practice, the main stages of ensuring by the court the requirements of competitiveness and equality of the parties in court proceedings, which need increased attention of subjects of judicial activity in order to strengthen the level of protection of the rights and legitimate interests of the parties defended by them in an adversarial trial, are identified and analyzed. Generally, the adversarial model of judicial proceedings is defined as a form of criminal procedural activity of the court and equal parties, implemented through the use of procedural means suitable for organizing the competition of equal and equivalent parties regarding a dispute about the guilt of the defendant.
Discussion and Conclusion. The stage of judicial proceedings in modern criminal proceedings, of all the stages of the criminal process, most fully corresponds to the features of the adversarial model of the organization of criminal procedural activity.
In an adversarial trial, maximum guarantees of the realization of the rights of participants in criminal proceedings are concentrated, supported by conditions provided by the court for a full-fledged procedural competition of equal parties. The provision by the court of guaranteed criminal procedural rights of the parties, implemented in the form of adversarial proceedings, takes place at all stages of the trial using appropriate procedural means.
Increasing the effectiveness of the parties’ participation in the judicial investigation is possible by specifying in the law the right of the chairman to issue a notification of the need to provide additional materials.

Introduction. In recent decades, the international community has increasingly expressed the view that amnesties should not be applied to the most serious international crimes. However, this issue remains controversial, since practically no international legal treaty directly prohibits the use of amnesties. As an example, we may mention the basic international human rights conventions both universal and regional, and the Statute of the International Criminal Court, etc. At the same time amnesties are still used by states with the hope of ending conflicts and facilitate the transition from war to peace, as well as to solve internal problems. Amnesties are allowed by some international criminal courts and international organizations.

Theoretical Basis. Methods. In the following study the author has examined the works of Russian and foreign experts in the field of domestic and international criminal law, dedicated to the challenges of applying amnesty. The research was based on general scientific methods and special methods of legal science that made it possible to formulate some general conclusions in the work.

Results. The work comprehensively analyzes international regulations, judicial practice, and thoroughly examines the arguments in favor of the existence of a general ban on amnesties. The ideas and perspectives of their use in order to achieve peace and end military conflicts are also explored in full.

Discussion and Conslusion. Despite the fact that many international and human rights organizations advocate a ban on amnesty for international crimes, this ban is not an imperative that states are obliged to follow. States’ human rights obligations are also not absolute. At the same time, the international community questions not so much amnesty as such, but the practice of using this institution. It is concluded that the decision to accept an amnesty as an instrument of social conflict resolution should remain within the state power, provided that it respects fundamental human rights.