№ 1 (160) / 2025

INTERNATIONAL LAW

Bezborodov Yu. (Yekaterinburg) Institutionalization of Eurasian regionalism: is the SCO still there?

Regionalization trends in international relations on the scale of the Eurasian region have naturally institutionalized within the Shanghai Cooperation Organization, which over more than twenty years of its existence has transformed from a bloc to combat the three forces of evil into an international macro-regional organization of the Eurasian region, noticeably expanding geographically and functionally: in 2025 the SCO member countries occupy more than 65 percent of the Eurasian continent and produce more than a quarter of the world’s GDP, largely due to a significant physical base – the population. At the same time, the organization faces external pressure and internal crises associated with functional stagnation, reluctance to expand cooperation issues and political and social problems of members and observers. This study is devoted to the Eurasian format of cooperation between states and the problems of the SCO functioning – institutional, cooperative, axiological.

Key words: regionalism, Eurasia, multipolarity, cooperation, SCO, Russia, international law

Tyurina N. (Kazan) The WTO law in EAEU international treaties

The article follows the process of implementation of WTO principles and rules into EAEU legal system, beginning from the Treaty on Functioning of the Customs Union in the Framework of Multilateral Trading System up to agreements concluded between EAEU and third countries. The author analyzes provisions of inner EAEU law with the view of application the WTO principles and rules by the EAEU Court. As a result, the lack of normative definiteness relating to legal foundation for the application of these principles and rules has been revealed. The review of the agreements between EAEU and third countries helped to disclose the increasing role of WTO principles and rules as legal instruments in EAEU legal system due to these treaties. It was pointed out that these instruments had been implemented in each of these agreements, no matter whether the third party participates in the WTO, and that obligations based on the WTO law, arising from these agreements, emerge for all member states of EAEU and EAEU itself. These agreements clearly confirm, that WTO law is really in demand, thus constituting a tendency, which runs counter fragmentation of international law.

Key words: EAEU, WTO, third countries, legal system, international treaties

INTERNATIONAL PROTECTION OF HUMAN RIGHTS

Sushkov S. (Moscow) Extraterritorial application of human rights treaties to the use of modern technologies

Responsibility of states under human rights treaties for cross-border use of information and communication technologies (furher – ICT) depends primarily on whether obligations of states toward persons located outside of their territory can be established. The present article reviews practice on extraterritorial jurisdiction developed under respective human rights treaties. The conservative practice of the European Court of Human Rights presupposes physical power and control over a person or «the element of proximity » between a person and a state agent. These requirements will not allow establishing extraterritorial jurisdiction over the transboundary use of ICTs. The so-called functional approach was reflected in the positions of the UN Human Rights Committee. This approach, focusing on states’ capacity to directly and foreseeably impact the enjoyment of human rights, will favour the extraterritorial application of the respective treaties to the use of ICTs. The Inter-American Court on Human Rights and Committee on the Rights of the Child developed a unique practice in the context of transboundary environmental disputes. If the applicability of this practice to the use of ICTs is accepted, states will have extraterritorial jurisdiction when using ICTs. This contradictory practice creates a tangible risk of fragmentation of international human rights law in relation to the applicability of human rights instruments to the cross-border use of ICTs. The article concludes that to avoid this fragmentation the ECHR should either reconsider its whole case law recognizing the functional approach or develop a concept of «virtual» or «technological» control for the purposes of establishing extraterritorial jurisdiction.

Key words: human rights, extraterritorial jurisdiction, functional approach, information and communication technologies, cyber operations

COMPARATIVE JURISPRUDENCE

Klicheva B. (Nukus, Republic of Karakalpakstan, Uzbekistan), Rakhmonkulova N. (Tashkent, Uzbekistan) The issue of implementing conditional deposit agreement (ESCROW) into the civil law of Uzbekistan: comparison with the experience of the Russian Federation

The article studies the problem of introduction of escrow agreement into the civil science of Uzbekistan on the basis of comparative analysis with the Russian Federation. To achieve this goal, the authors set the following tasks: to characterize the provisions of the current legislation of the Republic of Uzbekistan regarding the considered agreement, to ascertain the opinions of Uzbek civil scientists on the implementation of this agreement. The research results show that there are no optimal proposals in the modern civil science of Uzbekistan regarding the implementation of the escrow agreement. The authors suggest the necessity of including this agreement specifically in the Civil Code of the Republic of Uzbekistan, as it corresponds to the legal principles and system of norms of civil law of the Republic of Uzbekistan.

Key words: escrow agreement, implementation problem in civil science, civil law of Uzbekistan

Malinova A. (Moscow) Characteristic features of the use of the terms «rights» and «interests» in the civil codes of the Russian Federation and the People’s Republic of China: comparative legal analysis

Using specific examples, the article analyzes the features of the use of the terms «rights» and «interests», as well as various phrases with them in the texts of the Civil Codes of the Russian Federation and the People’s Republic of China. As the most important achievement of the creators of the Civil Code of the PRC, it is noted that they managed to refuse, firstly, the use of the term «legal rights», which has long and traditionally been used in a significant array of Chinese legislation, including the Constitution of the PRC, and secondly, the use of the term «public interests», which appeared in the Russian legal lexicon only at the beginning of the post-Soviet period, but in recent decades has been increasingly used in the Russian legislation, and has already «penetrated» into the Civil Code of the Russian Federation. It is assumed that the very process of abandoning the use of the term «public interest» was very difficult. The creators of the Chinese code could not have been unaware that in the neighboring state, in modern Russian jurisprudence, almost a scientific direction has been formed, substantiating the thesis that public interests are a generalizing category that includes state, public and other interests. Doctrinal points of view on the understanding of «public interests» and explanations of courts on this issue are also analyzed. It is suggested that the drafters of the Civil Code of the People’s Republic of China are so well acquainted with the problems of this issue in Russian jurisprudence that this was one of the grounds for refusing to use the term «public interest» in the Chinese Civil Code.

Key words: constitution, Civil Code of the Russian Federation, Civil Code of the People’s Republic of China, interests, legitimate interests, rights, legal rights, freedoms

CONSTITUTIONAL LAW AND PROCEDURE

Akhremenko A. (Krasnoyarsk) Criminal qualification as a ground for restricting passive voting rights

The study examines the phenomenon of criminal electoral qualification in the context of the implementation of passive suffrage in the Russian Federation. It analyses the differences of criminal electoral qualification in the Russia and foreign countries, identifies positive and negative sides in its legal regulation and implementation practices. Different opinions of legal scholars on this issue are considered, both those who disagree with the excessive restriction of passive suffrage and those who advocate such restrictions to maintain and protect democracy. The paper criticizes domestic legislation that uses an undifferentiated approach to restricting passive suffrage for all those convicted of serious and especially serious crimes punishable by imprisonment. The paper also presents a comparative analysis of judicial practice concerning the application of the criminal census in Russia in similar cases. As a result, it is negatively assessed that under comparable circumstances passive suffrage may be exercised in unequal conditions, and that the Russian legislation does not differentiate the application of the criminal limit in cases where the punishment of imprisonment is real or suspended, etc. Specific proposals are put forward to modernize this restriction of passive suffrage on the basis of foreign and Russian experience.

Key words: electoral law, electoral qualifications, voting restrictions, convicts, passive voting right, conviction, elected position, candidate for an elected position

LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW

Bykova A. (Omsk) Street committees – a form of public participation in the implementation of local self-government

In the process of formation and development of civil society in local selfgovernment a special form of popular democracy – street committees – is created. The relevance of the topic of the study is due to the weakness of the subject in domestic legal science. The lack of scientific literature significantly hinders the use of the experience of implementation of civic initiative everywhere in municipalities. The purpose of this article is to identify municipal legal acts regulating the legal status of street committees in municipalities of the Russian Federation. Taking into account the methodology of formal-logical analysis and comparative jurisprudence, the peculiarities of the essential characteristics of street committees are revealed, including the procedure for the establishment and activities of committees, their rights and obligations, the basics of management and possible forms of their support by local government. The author notes the main task of street committees – to involve residents in the problems of ensuring sanitary order and improvement on the territory of the street committees. Theoretical and practical significance of this article lies in the fact that the main provisions, conclusions and proposals to improve the normative legal acts regulating public relations in this area, significantly complement the existing scientific developments, as well as can be used in teaching and studying such academic disciplines as «Municipal Law», «Fundamentals of Local Self- Government», a number of other disciplines as a section «People’s Democracy: Concepts, Types, Forms». Suggestions and conclusions, presented in the article may be useful for further theoretical and legal research on civil society in Russia. Practical suggestions, formulated in the conclusions, can become an element of improvement of the normative-legal regulation of street committees as a form of public participation in the implementation of local self-government. This article was prepared on the example of municipal legal acts of municipalities of the Republics of Adygea, Bashkortostan and Kalmykia, Karachay-Cherkess Republic, Astrakhan, Belgorod, Voronezh, Kemerovo, Kirov, Moscow, Orel, Novosibirsk, Pskov, Rostov, Sverdlovsk and Ulyanovsk regions.

Key words: local self-government, popular democracy, forms of popular democracy, street committees, civil society

QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITY

Kalnitsky V., Bondarenko A. (Omsk) Actions of the investigator when receiving information about a new crime during the investigation

In the context of the general issues related to the limits of criminal proceedings, the established procedure for the investigator’s response to information about a new crime revealed during the investigation is considered. The authors examine the shortcomings of law enforcement in this area, including those reflected in official departmental documents. The article analyzes a government bill aimed at improving the procedure for the investigator’s activities in connection with information about a previously unregistered crime. Attention is drawn to the palliative approach to solving the problem. The proposed measures are not entirely logical and consistent, have a limited range of actions and are aimed at minimizing, first of all, the organizational and material costs of the modern procedure, without trying to understand the root cause of the current situation. It is concluded that the ideological elevation of the act of initiating a criminal case, which took place two decades ago, expressed by the formula: there is no conviction for what has been done without initiating a criminal case on this event, has led to the bureaucratization of the investigator’s activities in identifying a new crime, subordinating the evidentiary process to technical actions and decisions. At the same time, the proposed measures to remedy the situation that has arisen cannot be implemented without significantly relaxing the rule on the limits of criminal proceedings regarding the collection of evidence.

Key words: allocation of materials of a criminal case, initiation of a criminal case, connection of criminal cases, report on the detection of signs of a crime, limits of criminal proceedings

ADMINISTRATIVE LAW AND PROCEDURE

Mikheevа T., Mikheev D., Mikheeva P. (Yoshkar-Ola) Prohibition of human sex change in Russia: legal and axiological aspects

Russia’s accession to the Council of Europe in 1996 led to well-known changes in its legal system aimed at regulating new values, often imposed by the West, but alien to our country. The article examines the legal as pects of the problem of human gender reassignment, which is a product of Western European «gender freedom». Its appearance in Russia, development and cancellation in 2023 are shown in dynamics. Changing a person’s natural sex, same-sex marriage are not just a person’s private life. These phenomena not only deform traditional views in Russian society on marriage, family and child rearing, but also pose a threat to the demographic security of states, and on a global scale, the danger of the degeneration of the world’s population. The authors presented a look at this problem through the prism of traditional Russian spiritual and moral values, showed the sequence of legislative measures taken that create a barrier to the further spread of the «transgender plague» in Russia.

Key words: traditional Russian values, legal regulation, prohibition of sex change

Zaykov D. (Moscow) Administrative responsibility of different entities for one administrative offence

One of the urgent problems of administrative law is the possibility of bringing to administrative responsibility for the same administrative offence of different entities – a legal entity and its official. This was a consequence of the specifics of the legal nature of a legal entity, the question of whose guilt in committing an administrative offence cannot be considered in isolation from the guilt of its officials. Meanwhile, this approach has been subjected to well-founded criticism, which has led to the emergence of prerequisites for its correction. The amendments introduced in 2022 to Art. 2.1 of the Code of Administrative Offences of the Russian Federation were aimed at limiting cases of bringing a legal entity and its official to administrative responsibility for the same administrative offence. However, the new legal regulation turned out to be incomplete, fragmentary and subject to application only to a small number of administrative offences, which significantly reduced its expected positive effect. In addition, an analysis of relevant judicial practice indicates that the courts do not have uniform approaches to the application of Art. 2.1 of the Code of Administrative Offences of the Russian Federation, which does not ensure the achievement of this goal. In the article the author based on the interpretation of the provisions of mentioned norm and the analysis of the practice of its application suggests ways to resolve the existing problems.

Key words: administrative responsibility, administrative punishment, official, legal entity, judicial practice

ECONOMICS AND LAW

Maksurov A. (Yaroslavl, Paris) Compliance with ESG principles in the field of corporate governance by legal entities

The paper considers the modern understanding of the problems of application of sustainable development principles in the activities of Russian enterprises and organizations in their implementation in regulatory acts of the Russian Federation and in practice, which is not indisputable, which is due to the lack of fundamental knowledge about the nature of such principles and the main ways of following them in economic (entrepreneurial) activities. The article describes the existing approaches to the place and role of sustainable development principles of an enterprise, analyzes in detail the implementation of ESG principles in the field of corporate governance. An analysis of regulatory framework and practice of applying ESG principles in corporate governance in the Russian Federation is made. When writing the work, general and specific scientific methods were used, such as the formal-logical method (deduction and induction), the method of system analysis, the method of comparative law, partly the historical and legal approach, sociological techniques, as well as the method of generalizing legal practice. As a result, the author associates the implementation of sustainable development principles, first of all, with compliance control at the enterprise, the characteristics of which are presented in the work. The work suggests ways to improve the practice of implementing ESG principles in corporate governance in the activities of business entities. The researcher comes to the conclusion that the demand for compliance control by Russian businesses is still low, considering it rather not as a competitive advantage, but as an obligation imposed on the enterprise by the state to participate in the prevention of corruption. Also, in its current form (based on the requirements of government bodies), compliance control is quite expensive for small and medium-sized businesses and is not effective enough.

Key words: ESG principles in corporate governance, «responsible entrepreneurship », principles of sustainable enterprise development, corruption, social responsibility of business, compliance control, corporate governance models

Sidelnikova S. (Moscow) Dividends: sources and base

This work is devoted to the problems of legal regulation of dividends. Despite the availability of publications, there is still no clarity on a number of issues, there is a confusion of concepts, which generates corporate disputes in practice. The relevance of the work is also given by innovations in Russian legislation adopted in recent years in terms of clarifying a number of concepts, the position of regulators (the Bank of Russia), public authorities (the Government of the Russian Federation, Rosimushchestvo), as well as extensive law enforcement and judicial practice. We see that with the constant approach of the legislator to the issue of the sources of payment of dividends determined in accordance with federal accounting standards, the practice, taking into account the requests of shareholders and the abovementioned official positions, follows a different path, which increases the discussion of the topic. The purpose of the study is to develop proposals for improving shareholder legislation aimed at forming a fair dividend policy of Russian companies, including those composing consolidated financial statements. Currently, according to the author, the linear legal regulation of the issue of determining the source of payment of dividends leads to disagreements, difficulties and lack of transparency. In preparing the work the author set task to conduct a comprehensive study using the method of scientific analysis, as well as an empirical method, based on the practices of a number of Russian companies. The author came to the conclusion that it is necessary to clarify the provisions of Art. 41, 42 of the Federal Law «On Joint Stock Companies» and proposed formulations that would allow flexible response to the formed requests from business and official structures.

Key words: dividends, source of dividend payment, dividend base, net assets, joint-stock company

LEGAL ASPECTS OF ECOLOGY

Gabrielov V. (Moscow) The development of the «polluter pays» principle in international environmental law

This article traces the development of the «polluter pays» principle in international environmental law from its inception to the present day. The principle is based on the economic impact on the polluter, which can be either a state or a business entity. The author identifies four stages in its development and analyses their features: the emergence of the «polluter pays» principle and the formation of the economic approach (1972–1996); the adoption of the Kyoto Protocol and the development of market-based tools within the economic approach (1997–2014); the adoption of the Paris Agreement as a stimulus for the development of international environmental standards (2015–2016) and the current stage (2017 – present). Initially reflected in non-binding norms, the «polluter pays» principle was later incorporated into international environmental protection treaties and took on several new models of implementation. The author pays special attention to the rapid expansion of market-based models for its application, such as changes in a company’s financial indicators due to investor reactions to its compliance with environmental standards, and analyzes their impact on the development of the principle’s concept and international environmental law as a whole. Based on an analysis of binding and non-binding international acts, the article presents a classification of models for implementing the «polluter pays» principle, depending on whether the norm is binding or advisory and whether the polluter is a state or a business entity. The author concludes that the interaction between economics and law in international environmental law will continue, as market mechanisms for influencing polluters have demonstrated high efficiency as «conduits» for integrating international environmental standards into business practices.

Key words: international environmental standards, «polluter pays» principle, international environmental law, ESG, case law

PAGES OF HISTORY

Loshkareva M., Ryazanov P. (Nizhny Novgorod) Confrontation in medieval legal codes

Confrontation and oath are the oldest types of evidence in criminal proceedings. The legal texts of the European Middle Ages often mention the procedure of finding an unscrupulous purchaser of stolen property through a series of confrontations. The dichotomy of confrontation and oath is a direct consequence of the requirement of good faith in concluding a transaction, namely compliance with the form of the contract and fulfilment of obliga tions. In Slavic legal systems this procedure was called «svod». The article is devoted to the analysis of norms about the svod, present in the texts of barbarian codes, Russkaya Pravda and other Slavic judicial texts, Scandinavian and British monuments of law. Especially interesting is the textual similarity of Russian sources with Scandinavian and Welsh sources in the part of conducting the process only up to the third seller, which on the one hand is difficult to explain by mere coincidence, and on the other hand it seems impossible to assert the fact of borrowing. The similarity of the customs might be the result of the manifestation of features inherent in medieval legislation: pragmatism and symbolism. The procedure was not supposed to be endless, especially when going beyond the judicial district’ borders, but it had to acquire a symbolic completion.

Key words: confrontation, medieval legal codes, judicial process, good faith, theft, symbolism

Demidov N. (Tomsk) Formation of the principles of labour law in Russia in the era of Peter the Great (comparative historical and legal approach)

The phenomenon of the emergence of centralized legal regulation of relations in the sphere of labour in Russian history is studied. This process is attributed to the first quarter of the XVIII century as the era of the adoption of the first normative and individual acts containing instructions in the field of voluntary subordinate labour. A connection is made between the history of the centralized regulation of labour relations in the XVIII century and modern labour law rule-making. It is noted that in the era of Peter the Great the main principles of legal regulation of relations between an employee and an employer were formed, which are also relevant for the labour law of the Russian Federation. Such principles include: the rooting of the idea of positive law, the assertion of the supremacy of positive law over other regulators of social and labour relations, the presence of mixed public and private law features, the limitation of the employer’s power, the humanization of labour relations, the desire to delineate the interests of employees, employers and the state. The reasons for the legalization of labour relations are called objective factors of modernization of industry, social ties, economy. The conclusion is made about the existence of common problems of legalization of labour relations in the early XVIII century and early XXI century: low analytical capacity in developing norms, lack of consideration of views and interests of the employee and employer, lack of detail, declarative nature of public benefit on the part of the legislator in the implementation of labour law innovations.

Key words: legalization of labour relations, rule-making, regulation of labour relations, labour law, Peter the Great era, history of labour law

Abakumova E. (Moscow) Resolution «On strict compliance with laws» and the principle of legality in the RSFSR (1917–1921)

The article is devoted to the problems of proclaiming and implementing the principle of legality in the first years of Soviet power. The most important normative legal act regulating this issue was the resolution of the All-Russian Congress of Soviets «On strict compliance with laws» of November 8, 1918. The content of the resolution turned out to be ambiguous: compliance with laws was declared mandatory, but at the same time, authorities and officials were allowed to violate the norms of laws in cases of extreme necessity. The Soviet government in this period was not inclined to fully proclaim the rule of law, since Marxist theory assumed the withering away of law as communism was built. In addition, Soviet legislation was just beginning to form, and it retained a large number of gaps. However, the idea of the need to comply with laws gradually, albeit with reservations, was affirmed in the rhetoric and law enforcement practices of central and local authorities, as well as in mass legal consciousness. Compliance with laws was considered an important tool for strengthening Soviet power, although it was not recognized as an intrinsic value.

Key words: Soviet law, legality, revolutionary expediency, legal nihilism