Annotations № 4 (163) / 2025

COMPARATIVE JURISPRUDENCE

Chen Yuxi (Beijing, China) Legal regulation of product liability in intelligent driving: a comparative analysis of China and the U. S. A. through Benavides v. Tesla, Inc.

The rapid development of intelligent driving technologies presents modern law with new challenges related to defining the scope and substance of civil liability for manufacturers, users and software developers. As the empirical basis of this article, the case «Benavides v. Tesla, Inc.» is examined – the first court case in the world in which civil liability was established for an incident involving a vehicle equipped with an L2-level autopilot. This case makes it possible to identify the key issues in the legal regulation of autonomous transport: «design – use mismatch» as a form of product defect, the scope of the duty to warn consumers, and the allocation of liability between the driver and the manufacturer. The author compares the approaches of China and the United States and concludes that their regulatory strategies differ significantly: the U. S. primarily relies on post factum judicial intervention aimed at determining the extent of liability, whereas China employs preventive administrative measures and seeks to standardize terminology in order to minimize the risk of consumer misunderstanding. The article systematizes the key aspects of civil, administrative, and criminal regulation of intelligent driving, identifies existing gaps, and proposes directions for improving global legal governance in this field.

Key words: autonomous driving, artificial intelligence, civil liability, punitive damages, duty to warn, comparative law, jurisdictional cooperation

CRIMINAL LAW AND PROCEDURE

Kokotova D. (Yekaterinburg) Amendments to the criminal legislation as a means of impact on criminality in Russian lawmaking

The article deals with modern Russian lawmaking in criminal law. The objective of this research is to find out: 1) is the impact on criminality is purpose of amendments to the criminal legislation; 2) is the criminality data are the basis for such amendments. The object of research is explanatory notes to the draft laws on amendments to the criminal legislation for 2023 and 2024. Objectives, results stated in such notes as well as arguments for bill are studies in this article. An analysis of the explanatory notes to the draft laws showed that impact on criminality is one of the typical purposes. Crime rates, dynamics, etc. are typical argument in favor of the need to amendments. But the other purposes and arguments, basics are also frequently meet in criminal lawmaking. Different purposes and basics are not clearly delimited. Sometimes conclusions about criminality are result of unsuitable methods and data (information about individual cases, for example). Mistakes are common in data analysis. Some mistakes indicate that real basis of the bill is not a criminality analysis.

Key words: impact on criminality, criminal legislation, criminality, crime prevention, lawmaking

Gorobets D. (Rostov-on-Don) Strengthening the signs of antagonism between tax and criminal assessments in the novelties of tax legislation

The article describes the existing contradictions between tax and criminal assessments of tax evasion, predicts the emergence of new ones related to the adoption of a tax amnesty for business fragmentation. The violation of the principle of uniformity in legal assessments is stated and the conclusion is made about the priority of tax decisions in judicial practice. An algorithm of actions is proposed to increase the importance of decisions of investigative authorities in the field of tax relations.

Key words: decision of the tax authority on additional taxes, tax evasion, termination of a criminal case, tax amnesty for business fragmentation, judicial practice

Dzhambulatov G. (Yekaterinburg) Individual prevention of crimes committed during the period of public mass events

The study of the prevention of crimes committed during public mass events cannot be called complete without covering one of the main levels of implementation of the modern strategy for combating crime – individual prevention of these crimes. The list of domestic law enforcement agencies is given, whose officials, by virtue of their official and functional duties, in one way or another participate in the prevention (prevention) of individual or part of the entire array of analyzed crimes on the part of an individual – a criminogenic personality. Based on the analysis of the characteristics of the theory and practice of individual crime prevention, the author’s concept of individual prevention by criminogenic individuals of the most common crimes committed during public mass events is proposed. Based on the existing doctrinal definitions of individual prevention of crimes, the author formulated a definition of individual prevention of crimes committed during public mass events. The list of specific events conducted by law enforcement officers with persons previously convicted of certain crimes and administrative offenses aimed at preventing crimes during and at the venue of public mass events (including protest actions) is provided. The effectiveness of individual crime prevention measures largely depends on the quality of professional training, special criminological education, and the service experience of the final performers, that is, from officials of the internal affairs bodies. It seems expedient to entrust the criminal investigation departments of the territorial internal affairs bodies of the Ministry of Internal Affairs of Russia with the functions of individual prevention of crimes committed during public mass events.

Key words: public mass events, protest actions, crimes committed during public mass events, law enforcement agencies, individual crime prevention

CIVIL LAW AND PROCEDURE

Lisachenko A. (Yekaterinburg) «Museum clause» as a reason to think: Who owns the culture?

The article examines the so-called «museum clause» in its current form and condition in Russian law, primarily in terms of the obligation to obtain permission from the museum’s directorate to use images of the museum building and (or) other objects located on the territory of museums. The relevant norms are analyzed in the historical context of their adoption, in relation to the norms of civil law on intellectual property rights, taking into account the experience of practical application and the need to maintain a balance between private and public interests. The conclusion is drawn about the complete moral and technical obsolescence of the relevant provisions of cultural legislation, their transformation from a means of protecting the interests of museums and national culture in general into an anti-systemic vestige that not only fails to fit into the system of current Russian law but also turns out to be frankly harmful in terms of promoting Russian culture and ensuring public access for Russian citizens to objects of our common cultural heritage. In some cases, this is smoothed over and levelled by a balanced policy of the museum administration, however often, with a formal approach, the rules on the «museum clause» are used as a prohibition tool in situations where no such prohibitions should ever exist in light of the interests of citizens, society and the state (for example, when prohibiting the use of images of historical buildings in children’s and educational publications). The article proposes to adjust the regulations in the field of culture and museum business, eliminating the norms on the «museum clause» from them, since such norms are inappropriate outside the Civil Code, outside its context, ideology and general principles of legal regulation.

Key words: culture, «museum clause», intellectual rights

Malbin D. (Moscow) Alienator’s lack of authority as a condition for protecting a bona fide acquirer

It follows from the provisions of paragraph 1 of Art. 302 of the Civil Code of the Russian Federation that protection of a bona fide acquirer is possible when property is acquired from a person who does not have the right to alienate it. At the same time the Code does not explicitly disclose the concept of an unauthorized alienator, while a person who does not have the right to alienate a thing can be understood as subjects of different legal status. Modern legal science and law enforcement practice uncritically accepted the conclusion formulated in the Resolution of the Constitutional Court of the Russian Federation dated 21 April 2003 № 6-P that bona fide acquisition is possible only from a person who does not have the right to alienate a thing and is not its owner. Meanwhile, in the legal literature there are objections to such a conclusion with reference to the fact that the owner may act as an unauthorized alienator, who for certain reasons was not entitled to dispose of the thing. However, the limitation of the possibility of disposing of a thing, including the conditionality of the disposal by obtaining the consent of a third party, does not mean that the owner is an unauthorized alienator in the sense of Art. 302 of the Civil Code of the Russian Federation, since a transaction made by the owner in violation of the prohibition on disposal or without the consent of a third party required by law generally entails appropriate legal consequences. In the same cases, when the law establishes nullity as a consequence of such transactions, then a relationship arises between the owner and the acquirer of the thing from the invalidity of the transaction. In this regard, it is necessary to distinguish a person who does not have the right to alienate from a person who does not have the right to dispose of a thing. At the same time, modern law enforcement practice in some cases confuses such concepts. The same terminological inaccuracy is found in the legal literature.

Key words: ownership right, bona fide acquirer, unauthorized alienator, right to alienate, property

Andreyanova M. (Moscow) Establishing and contesting the paternity of a dead person

Disputes for establishing or contesting the paternity of a dead person are rare in the practice of courts. As a rule, citizens and professional representatives have difficulty in correctly determining the method of protecting the right, case participants and understanding what evidence should prove their right. Through a comparative analysis of the legal norms, based on the position of the Supreme Court of the Russian Federation and author’s professional activity as a judge, the author determinates case participants, the subject and means of evidence in such disputes, explains the features of each method of protecting the child’s right.

Key words: establishing paternity, challenging paternity, dead person, child, special procedure for legal proceedings, claim procedure for legal proceedings

Didenko D. (Yekaterinburg) Dogmatic and political-legal bases for the interrelatedness of contracts

The article considers the question of the existence in the Russian civil law of the grounds – from the field of law policy and dogmatic considerations – for the application of the legal construction of connected contracts. The article also proves the political and legal expediency of the legal construction of connected contracts as a possibility of risk allocation in business relations. In addition, it is pointed out that there is no unified approach in judicial practice with regard to the connectedness of contracts in disputes involving consumers. The possibility of formation of the legal construction of connected contracts on the basis of a synallagmatic connection within the framework of a multilateral contractual legal relationship is pointed out. The article also analyzes the issue of formation of unified criteria of connected contracts, and it is supposed to be primarily guided by the will of the parties, manifested as such objective markers as mutual references of counterparties to contracts within the network, direct terms of the contract, intertwining of the subject composition, as well as a common economic aim.

Key words: related contracts, synallagma, multilateral contract, criteria for contract relatedness

Barinov В. (Rostov-on-Don) Payment for extraordinary additional work under a construction contract

The author believes that additional work under the building contract may be extraordinary or ordinary. The article analyzes the Civil Code of the Russian Federation and judicial practice on recognizing additional work as subject to immediate execution in order to exclude harm to the construction site as extraordinary. The signs of extraordinary works are identified, the concept of the purpose of performance is considered. The article analyzes the problem of the contractor’s integrity in determining the causes of extraordinary work. The general rules for determining the cost of extraordinary works and the rules for accounting for it in calculating contracts are explained; also explained other controversial issues that arise in practice.

Key words: construction contract, additional works, payment for works

ADMINISTRATIVE LAW AND PROCEDURE

Kustova K. (Omsk) 20 years of the Urban Planning Code of the Russian Federation: review of key changes in legal regulation in the field of urban planning

The article analyzes the evolution of urban planning legal regulation and the Urban Planning Code of the Russian Federation for 20 years (2004– 2024). The study examines key changes in three types of urban planning activities: territorial planning, urban zoning and territory planning projects. The author identifies transformation of territorial planning documents’ role from comprehensive spatial development tools to more specialized documents with a limited scope of regulation. The expansion of urban zoning documents’ functions is noted, including requirements for architectural and urban appearance and issues of comprehensive territorial development. The article analyzes changes in the system of territory planning projects, no development of territory planning projects is necessary, and the transformation of the concept of red lines. Special attention is paid to the problems of integrating urban planning into the strategic planning system and standardization issues. In the conclusion there is the need for a comprehensive approach to reforming urban planning legislation to improve the effectiveness of spatial development of territories.

Key words: urban planning, Urban Planning Code of the Russian Federation, territorial planning, urban zoning, and territory planning projects

Tetyuev S. (Chelyabinsk) The use of special knowledge in challenging the decisions of draft commissions

The article examines the issues of the use of special knowledge by courts when considering administrative cases challenging the decisions of draft commissions on conscription of citizens for military service. The author concludes that special knowledge in the field of medicine can be used in various forms (by interrogating a doctor who participated in a medical examination of a conscript as a witness, receiving explanations and consultations from a specialist, appointing and conducting a forensic military medical examination). It is important to comply with the legal requirements that define the subject of the witness’s interrogation and the requirements for the specialist’s activities, the procedure for appointing and conducting a forensic examination and the content of the expert’s opinion. The law does not provide for the interrogation of a doctor as a specialist, and the testimony of a specialist is not included in the list of evidence set out in Part 2 of Article 59 of the CAP of the Russian Federation. As a witness, a doctor may be questioned about the circumstances of the medical examination of a conscript in which he took part. Explanations and consultations provided by a specialist, although not having the status of evidence, do not establish new circumstances by themselves, but are intended to contribute to the formation of an internal conviction of the court necessary for the proper resolution of the dispute. An expert opinion is not a special proof and is subject to evaluation along with other evidence collected in the case according to the rules set out in Article 84 of the CAP of the Russian Federation.

Key words: draft board, doctor, forensic medical examination, military service, administrative proceedings

LABOUR AND SOCIAL LAW

Shcherbakova O. (Yekaterinburg) Digital profile of a citizen: interdepartmental cooperation and prospects for expansion

Development of a single digital profile of a citizen is a priority task outlined in the strategic documents of the socio-economic development of the Russian Federation until 2030. At the same time, this should be an interdepartmental task, since information about a citizen is collected throughout his life, from receiving primary and vocational education to professional activity with a specific employer. The article examines government services that provide access to various services that were previously only available through visiting government agencies – digital platforms that can be designated as digital profiles of citizens in a particular area from the point of view of the attributive structure, functional purpose, departmental linkage. An analysis of the services that are planned to be launched in the near future as independent, but expanding the capabilities of personalized recommendations from the state is presented. The need to develop a digital profile of an employee and integrate it into state information systems is substantiated. The principles that should govern the functioning of digital profiles in different spheres of life are defined. A conclusion is made about the absence of a single conceptual apparatus in the sphere of creating digital profiles, a paradigm shift in the purpose of the digital profile existence (from a set of data to a service taking into account personal recommendations and to data analytics for the purpose of making a legally or socially significant decision); based on the studied data, it can be stated that the profiling algorithm is based not only on official, but also on open data about a citizen, which can be formed in some part outside the will of the person.

Key words: digital profile, career portfolio, national development goals, employment

ECONOMICS AND LAW

Eremina O. (Moscow), Naryshkina N. (Rostov-on-Don) Digital currencies in judicial practice: approaches, issues, trends

The article examines key issues in the adjudication of disputes arising from legal relations involving digital currencies in judicial practice of the Russian Federation. The authors analyze the existing regulatory framework, including Federal Law No. 259-FZ «On Digital Financial Assets», and identify gaps in enforcement. Particular attention is paid to the complexities of court proceedings related to the recognition of cryptocurrencies as objects of civil rights, as well as the difficulties in proving their existence and ownership. The main categories of disputes are considered: inclusion of digital assets in the bankruptcy estate, challenging transactions and claims for unjust enrichment. Examples of court decisions are presented, illustrating the absence of a unified approach to cryptocurrencies. The article notes the need for further improvement of legislation and judicial practice, including the development of mechanisms for identifying digital asset owners and establishing legal consequences of cryptocurrency ownership. The authors conclude that courts are generally not prepared to fill legislative gaps, while the Supreme Court of the Russian Federation insists on adjudicating such disputes on their merits. The article identifies pressing issues requiring the formation of uniform approaches in the consideration of this category of cases.

Key words: digital currency, cryptocurrency, procedural issues, dispute categories

Zavershinskaia D. (Moscow) Boundaries of the implementation of external law in investment arbitration

The article examines the inconsistency of decisions in investment arbitration and identifies the main manifestations of this inconsistency, including contradictory decisions in cases with similar circumstances and the unjustified implementation of legal concepts from other fields of international law without taking into account their specific context. In addition, respondent States, by invoking their regulatory powers in investment disputes, often unjustifiably use provisions of other areas of international law to justify the protection of the public interest. The article emphasises that blurring the line between the «application» and «interpretation» of international law causes uncertainty and may lead to the expansion of arbitral jurisdiction beyond the explicit consent of the parties. The research analysis addresses the principle of consent, which is the cornerstone of arbitration that restricts the scope of the dispute at issue and the applicable law. To resolve the problem of inconsistency of investment arbitral awards, the author advocates for defining the boundaries of applicable law though the interpretation grounded in the treaty’s text and the effet utile principle. By doing so, arbitral tribunals shall be guided by the context, as well as the object and purpose of the bilateral investment treaty. This approach will safeguard the parties’ the consent, promote coherence in investment arbitration and prevent excessively broad interpretation that could lead to unintended consequences.

Key words: investment disputes, applicable law, interpretation, party consent, inconsistency, uncertainty

LEGAL ASPECTS OF ECOLOGY

Alexandrov A., Fogel A. (Saint-Petersburg) Legal aspects of digitalization of regional waste cadastres in the Russian Federation

The article is devoted to the study of problems in the field of digitalization of production and consumption waste accounting systems, as well as legal regulation of regional waste inventories. In the context of modern environmental challenges, effective waste accounting becomes a necessity to ensure sustainable environmental development and environmental protection. Currently, there are no unified standards for maintaining regional waste cadasters, which leads to significant differences in the composition, timing and methods of providing information on production and consumption waste. Creation of a unified digital system of waste accounting based on the «GosTech» platform is a relevant step towards solving the above problems. The results of the study confirm that a unified digital accounting system will unify the composition of the information provided, as well as simplify the interaction between business entities and government agencies. The author proposes recommendations to improve legal regulation in the sphere of waste accounting, unification of standards for maintaining regional waste cadasters, and introduction of modern technologies. Implementation of the proposed measures will not only increase the transparency of waste accounting, but also improve the mechanisms of control over waste management, which will contribute to compliance with environmental norms and standards.

Key words: regional waste cadaster, state information system, production and consumption waste, waste accounting, digitalization

PROBLEMS OF LEGAL SCIENCE AND EDUCATION

Kalinina A. (Yekaterinburg) Student competitions in Russia: history and role in shaping the personality of a future lawyer

The article examines the potential and role of student competition in shaping the personality of a student, an aspiring researcher, and a future specialist. The author pays special attention to the research activities of students. An attempt is made to comprehend the origins of student, primarily intellectual, competitions in the Russian Empire, the plot of the development of the competitive movement in Soviet higher education is revealed in detail, and current trends in promoting the competitive component in the training of future lawyers are outlined. It is shown that an important form of scientific work of students were clubs, whose members often participated in various events. It is concluded that there is continuity in this area and increased attention to competitions in the education of specialists today. The practice of holding competitions in the history of Russian legal education is characterized, examples from the practice of the Sverdlovsk Law Institute (now the Ural State Law University named after V. F. Yakovlev) are given.

Key words: legal education, legal science, student competition, student science, student scientific society, Sverdlovsk Law Institute