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North Caucasus Legal Vestnik

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No 2 (2026)
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ПРОБЛЕМЫ ИССЛЕДОВАНИЯ ПРОЦЕССОВ СТАНОВЛЕНИЯ МЕТАПРАВА

9-30 9304
Abstract

Introduction. Law, like any other phenomenon, goes through certain stages in its development. Due to the widespread scientific discussion of the question of the meta-direction, questions arise about its ontological status and the theoretical and legal foundations of its research, which require their resolution.

Purpose. The development of the scientific problem of the formation of a metalaw, including the search and study of ontological trends in the formation of law in the modern world, the epistemological prerequisites for their knowledge, the study of technological prerequisites and models that determine the processes of law implementation in the applied science of law – jurisprudence. Identification of the prevailing trend in the legal development of society, its social, political and scientific foundations, from which follows the understanding of the meta-trend, its content and methods of cognition, the substantiation of the scientific hypothesis of the meta-trend.

Methods. A critical approach to research methodology based on the paradigm of consciousness reflecting being, which allows taking into account certain cognitive techniques of traditional methodology based on an understanding of the unreasonableness of the second "edition" of old metaphysics, the shortcomings of which were substantiated by I. Kant ("blind" following the subject). Marx's theses on Feuerbach (ignoring sensual human activity), with the predominant application of the paradigm of scientific creativity based on freedom of thought, the doctrine of reason and reason, intuition, realized in the study of the subject of research as a scientific problem through the development and testing of scientific hypotheses.

Results and conclusions:

– substantiation of the limitations of the modern methodology of cognition of law, based on the paradigm of reflection of being by consciousness, and the need to develop and apply methods and principles of scientific creativity in cognition and implementation of meta-law, substantiation of new, adequate research principles;

– substantiation of the concept of the naturalness of the evolution of valid law, based on the unity of the physical and (social) moral nature of man and the evolution of artificiality, virtuality, and the appearance of law, created as wrong, but presented as valid law;

– establishing the difference between the two worlds of law: by subjects: in actual law, the subject of law is a specific living, free, reasonable person. In the visible, virtual world of law, a legal subject is an abstract character on the stage of history, described in fiction, fiction, shown in photos, movies, television, an average person whose mask does not correspond to a specific living person.

It is shown that artificial intelligence is a tool for creating both worlds of law – natural and virtual artificial. It is created by representatives of a relatively new profession – conventionally called "IT specialists" – developers, operators, owners and users of mass media, authorities whose activities can and should be regulated by the state, through the creation and functioning of an adequate regulatory and legal system that defines the status and content, the scope of application of artificial intelligence, for which in the current positive law there is an established system of technologies, according to which the initial format of the named system is already being created, and its potential will be in great demand in the future. A "new" master" (artificial intelligence) has appeared in the workshop for the "production" of virtual worlds, where they are created and tested for adequacy to a developing living, intelligent person.

The validity of the use of the term "artificial intelligence" in the modern scientific legal literature of Russia is analyzed. It is shown that the current understanding of intelligence in the scientific humanitarian literature unambiguously means the ability of a living specific person, which does not allow simply "transferring" the term to express processes that are not expressions of cognitive processes occurring in the human brain to the processes of obtaining and organizing knowledge through the use of technical means.

Based on the draft Federal Law "On the basics of legal regulation of the fields of artificial intelligence (art. 3), you can use the term "simulator", or, in extreme cases, take the term "intelligence" in a phrase with the word artificial in quotation marks. This could counteract the mythologization of artificial intelligence, which generates all kinds of "horror stories" that really and negatively affect the consciousness of a very large number of contemporaries, especially since the instrument of its regulation, the legal regulatory system, remains entirely under the jurisdiction of the state.

31-41 7354
Abstract

Introduction. The article examines the transformation of legal behavior within the digital environment and its impact on the professional activities of advocates and corporate lawyers. The relevance of the study is driven by the rapid digitalization of social relations, the implementation of Legal tech and Lawtech, and the necessity for legal professions to adapt to new requirements.

Purpose. The study aims to analyze changes in the roles and competencies of lawyers, identify key challenges of the digital age, and assess the prospects for the evolution of the profession using international experience (solicitors and barristers) as an example. Establish the adaptation of traditional requirements of professional ethics and standards, as well as historically established judicial institutions, to digitalization.

Theoretical foundations. The research employs the comparative legal and historical methods, as well as a systematic analysis of legal norms, law enforcement, and judicial practice. These methods are used to examine the terminological features of the concepts of «legal technology» (Legal Tech), «law technology» (Lawtech), «common law,» and «Anglo-Saxon law.» The methodological significance of differentiating these definitions is explained. A chronological assessment is conducted of the impact of legal reforms and technological advances in this area, including the introduction of generative artificial intelligence, on the legal profession.

Results. The scientific inquiry is directed at identifying key trends in the formation of legal behavior in the digital environment, specifically regarding the automation of routine processes, the transition to proactive legal consulting, and the increasing role of data and algorithms in decision-making. The author evaluates forecasts for the development of new legal competencies, including digital literacy, understanding AI and cyber-risk management skills. Challenges of the digital age are examined, such as personal data protection, ethical issues in the use of neural networks, and competition with automated systems. Using the institutions of solicitors and barristers as examples, the article demonstrates an inversion of professional interaction associated with the redistribution of functions between different types of lawyers under the influence of informatization.

Conclusions. The conducted research is aimed at forecasting the evolution of the legal profession in the context of technological development, and developing a strategy for improving legal mechanisms for regulating the processes of modern innovative pressure. Particular attention is given to the challenges of maintaining ethical norms and adhering to professional standards during electronic data processing. The conclusion substantiates the anthropocentric spirit of justice.

42-57 8647
Abstract

Introduction. The digitalization of property turnover and the development of special legal regimes have increased the need for precise differentiation of digital rights and related digital property phenomena. This issue is particularly important where legal qualifications affect inheritance, collateral, foreclosure, and judicial protection.

Purpose. The study aims to clarify the limits of Article 141.1 of the Civil Code of the Russian Federation and to identify the criteria that make it possible to distinguish digital rights from other digital property phenomena. The focus is not on digital assets in general, but only on those proprietary rights that are expressly recognized by law as digital and exist within an information system that meets the established legal requirements. An additional objective of the study is to examine whether the current framework is suitable for application in inheritance, pledge, enforcement against assets, and judicial protection, that is, in those areas where legal title must be transformed into a technically executable action within the system.

Materials and methods. The research is based on a combination of formal legal, systemic, doctrinal, and law-enforcement methods. It analyzes the provisions of civil, financial, tax, and procedural legislation governing digital rights, utility digital rights, digital financial assets, digital currency, and the digital ruble. The study also relies on doctrinal works by Russian and foreign authors, as well as judicial acts that make it possible to assess the influence of digital infrastructure on the exercise and protection of proprietary rights.

Results. It is established that Article 141.1 of the Civil Code of the Russian Federation does not create a universal category of digital property, but rather establishes a special legal form for the existence of certain proprietary rights. A four-element criterion for qualifying a right as a digital right is proposed; it includes express recognition of the right by law, the presence of proprietary legal content, structural linkage to an information system, and the legal significance of the system record. It is shown that the legal role of the record is not uniform: in the general model, it legitimizes the holder and the mode of disposition, whereas in special regimes it may form part of the legal structure of the creation, transfer, or encumbrance of the right.

Conclusions. The study concludes that Russian regulation in this sphere is sectoral in character and that the principal difficulties arise not at the level of definitions, but in the mechanisms of hereditary succession, the recording of pledges, the correction of defective records, enforcement proceedings, and judicial compulsion to alter a record within the system. The need is substantiated for targeted legislative modernization without an expansive interpretation of the concept of digital rights and without conflating digital rights with digital currency, the digital ruble, non-cash funds, or uncertificated securities.

58-68 9734
Abstract

Introduction. The change in the technological paradigm, referred to in the literature as the fourth industrial revolution, led to the transformation of the information circulation environment and the emergence of special intangible objects – digital rights. In response to a request for legal regulation, the Russian legislator has developed his own approach to regulating digital financial assets, which is markedly at odds with the tokenization model widely used abroad.

The purpose of the study is to identify the features of the Russian model of regulation of digital financial assets, which is being formed along the path of point-based tokenization of a limited range of property rights, as well as to assess its impact on civil law turnover and foreign economic transactions. An additional goal is to develop proposals to overcome regulatory conflicts related to the dualistic nature of digital financial assets and their "falling out" from the traditional design of objects of foreign trade transactions.

Methods: a formal legal analysis of Russian legislation on CFA, civil and currency regulation, a system-structural approach to identifying the place of digital financial assets in the system of objects of civil rights, as well as a comparative legal method for comparing the Russian model of point tokenization with foreign models of wide coverage of digital records of various assets. Elements of doctrinal and casual analysis were used to study scientific positions, judicial and contractual practices, as well as a functional approach to uncover the dual role of digital financial assets.

Results. It has been established that the Russian legislator has formed a narrow, rigidly outlined outline of acceptable tokenization, limiting digital financial assets to monetary claims, rights under equity securities, corporate rights in non-public joint-stock companies and requirements for the transfer of securities. It is shown that in the external economic plane, digital financial assets are outside the «goods – works – services – results of intellectual activity» class scheme, which complicates the qualification of cross–border transactions and the choice of a currency control regime. The duality of the legal nature of digital financial assets has been revealed: they simultaneously act as an independent object of civil rights and a special way of fixing binding claims in a distributed registry. There is a contradiction between the technological potential of distributed registers and a conservative regulatory model that excludes cryptocurrencies, public joint-stock companies and hybrid instruments (including stablecoins).

Conclusions. It is concluded that it is necessary to revise the design of digital financial assets: to consolidate in law their binding nature and the turnover of the underlying requirements; to deploy experimental legal regimes for hybrid digital instruments and tokenized shares of public companies; to introduce a special type of foreign economic transaction with a dual subject, in which digital financial assets are considered as a digital certificate of commitment, not the final object of purchase and sale. This will allow to reconcile the external economic nature of such operations with the use of a distributed registry as a technical infrastructure for their documentation and execution.

PROBLEMS OF THEORY AND HISTORY OF LAW AND THE STATE

69-80 9306
Abstract

Introduction. The state policy of the Russian Federation in the field of traditional spiritual and moral values is aimed at ensuring the sociocultural stability of society through support for the institution of the family, cultural heritage, and moral education. The effectiveness of this policy depends on a balanced combination of legislative regulation, resource support, and the creation of a favorable cultural and educational environment.

The purpose of this article is a comprehensive analysis of the role and mechanisms of state support for traditional spiritual and moral values in the Russian Federation. It examines the main functions of the state in this area, including legislative regulation, educational, cultural, and social initiatives, and also assesses the effectiveness of the tools used.

Methods. The study utilizes a combination of general and specific scientific methods. Specifically, institutional, systemic-structural, and functional approaches were employed to analyze the interactions between the state and public institutions (family, education, culture, and religious organizations). A formal-logical method was employed to analyze constitutional and sectoral legislation. Comparative analysis and statistical observation (quantitative and qualitative sociological data) were also employed to assess the implementation of federal and regional programs. The empirical base consists of federal laws, decrees of the President of the Russian Federation, federal projects (Demography, Education, and Culture), grant data, and the results of sociological surveys reflecting the dynamics of citizens' value attitudes. Particular attention is paid to methods for assessing the effectiveness of public policy in this area.

Results. The article demonstrates that the state implements a multifaceted policy, acting simultaneously as a guarantor of rights, a coordinator, a customer, and a regulator. Specific mechanisms are analyzed: legislative consolidation of the foundations of family policy, integration of educational programs into schooling, economic support for families, subsidizing cultural projects focused on traditional themes, and partnership with religious and public institutions. It is revealed that the central task is to transition from the directive transmission of values from above to creating conditions for their reproduction by society, family, educational, and cultural institutions. The need to improve the system for evaluating policy effectiveness, especially regarding measuring long-term educational effects, is noted.

Conclusions. The effectiveness of state policy in preserving and strengthening spiritual and moral values depends on institutional consistency and the flexibility of tools that allow adaptation to regional specifics. Promising areas for development include strengthening the role of independent expertise in program evaluation, expanding grant support for grassroots initiatives, and deeper involvement of culture and art in shaping the value landscape. Success depends on a balanced approach that combines material support with the creation of a favorable cultural and educational environment.

81-93 8666
Abstract

Introduction. The 2020 constitutional reform changed not individual norms, but the semantic structure of the Basic Law. In Articles 67.1, 72, 75.1, 114, the legislator introduced categories that had previously remained outside the highest regulatory level: historical truth, protection of marriage as a union of a man and a woman, and the preservation of traditional family values. This has already required a doctrinal re-adjustment. This was followed by Decree of the President of the Russian Federation No. 809 dated November 9, 2022 (hereinafter referred to as the Basics), and by the end of 2024, the body of «protective» sectoral legislation had expanded to one and a half dozen federal laws. By the beginning of 2026, the state policy on the preservation of traditional spiritual and moral values had turned into an extensive regulatory system, whose outline had not yet received an exhaustive legal description.

Purpose. To systematize the organizational and legal mechanism of the Russian Federation's state policy for preserving traditional spiritual and moral values that has taken shape by 2026; to determine its hierarchy; to identify the relationships between the constitutional axiological core, the program-strategic acts of the President and the Government, and the sectoral «protective» legislation; to assess the degree of normative maturity of the regional model in the constituent entities of the North Caucasian and Southern Federal Districts.

Methods. The work relies on the formal-legal method (analysis of articles 67.1, 72, 75.1, 114 of the Constitution of the Russian Federation in the 2020 wording, Presidential Decree No. 809 of November 9, 2022, the body of federal laws Nos. 304, 489, 478, 479, 386, 411); the system-structural method (construction of a hierarchical map of sources); the comparative-legal method (comparison of regional models of the North Caucasian republics and the regions of the Russian South); elements of axiological analysis of doctrinal positions (Bondar, Zorkin, Khabrieva, Permilovsky, Chuychenko); the statistical method is applied to empirical data of VTsIOM, FOM, and Rosstat.

Results. It has been established that by 2026 a three-level normative architecture has taken shape: the constitutional axiological core; the program-strategic layer (Decree No. 809, the National Security Strategy); and the sectoral operational superstructure. Decree No. 809 contains a legal definition of traditional values and a closed list of seventeen reference points that duplicates paragraph 91 of the National Security Strategy. The body of «protective» legislation of 2020-2024 forms the prohibitive segment.

The North Caucasian model is distinguished by a triple structure of «state, traditional confessions, and ethno-cultural customs»; the Chechen concept of spiritual and moral education (Decree of the Head of the Chechen Republic of October 5, 2021 No. 177) demonstrates the greatest conceptual elaboration. With a high level of public support (84% per VTsIOM-2025; 85% per FOM-2024), demographic indicators testify to a gap between declaration and behavior.

Conclusions. The organizational and legal foundations of the policy for preserving traditional values have taken shape as an independent normative complex at the intersection of constitutional, administrative, and information law. The legal nature of Decree No. 809 remains debatable: the proposal expressed in the literature to adopt a federal law of the same name has grounds, but requires resolving the question of how such an act relates to Article 13 of the Constitution prohibiting state ideology. The North Caucasian regional segment represents the most mature model deserving of independent theoretical generalization. Proposals de lege ferenda are formulated: introducing the institute of value-based examination of draft regulatory legal acts; codification of regional legislation on spiritual and moral education; expanding the powers of the interdepartmental commission on historical education.

94-106 9012
Abstract

Introduction. In the context of the constitutional entrenchment of traditional Russian spiritual and moral values as the foundation for preserving statehood, the search for effective legal mechanisms for their protection acquires particular significance. The sphere of education occupies a unique position, as it is precisely here that the socialization of the individual, the formation of a worldview, and legal impact form an indissoluble unity. At the same time, legal protection in this sphere faces objective complexities: the addressee is the developing personality of a minor, and the sphere itself lies in an area of potential conflicts between the rights of parents, the autonomy of the child, the principle of secularism, and the tasks of value socialization.

Objective. The objective of this work is to substantiate the independent nature of the legal protection of spiritual and moral values in the educational environment as a direction of normative regulation of a public-law nature, as well as to identify the specifics of its intersectoral mechanism.

Methods. The methodological framework of the research is based on the dialectical method of scientific cognition. The study employs general scientific methods (analysis, synthesis, system-structural approach), as well as specific scientific methods of legal science: formal-legal, comparative-legal, the method of interpreting legal norms, and the intersectoral method of research, which allowed for the examination of regulation within the unity of various branches of law (constitutional, educational, family).

Results. The article substantiates that the legal provision of spiritual and moral values in the sphere of up-bringing and education constitutes an independent direction of regulation, possessing its own object, specific subject composition, and a public-law goal – the value socialization of the younger generation. The author characterizes the educational environment as the central space for the reproduction of values, where socialization, upbringing, and law form a unified process. The normative consolidation of the universally binding nature of spiritual and moral values within the system of educational outcomes, standards, and upbringing practices is analyzed. The specifics of legal protection, determined by its addressee (the developing personality) and the nature of its impact (long-term, intersectoral, preventive, axiologically saturated), are identified. Conflicts between the rights of parents, the interests of the state, and the autonomy of the minor are examined.

Conclusions. The legal protection of spiritual and moral values in the educational sphere, despite the presence of objective conflicts, retains its legitimate character, as it is exercised not contrary to human rights, but through their implementation (human dignity, the right to education, the right of parents to raise their children). Such protection is consistent with safeguarding human dignity, the safe development of the child, and the interests of sustainable social development, ensuring the transition of external legal prescriptions into internal personal dispositions of lawful behavior.

PROBLEMS OF CONSTITUTIONAL AND ADMINISTRATIVE LAW

107-115 8524
Abstract

Introduction. The dynamic development of public relations, the emergence of new environmental risks, challenges related to climate change and the technological transformation of the economy, sharply raise the question of the need to improve the constitutional and legal framework in this area. This is not only about targeted amendments, but also about the systematic understanding and development of the entire set of legal norms designed to guarantee environmental safety as a public good.

Purpose. The study of the current state of legislation in the field of environmental safety in the Russian Federation and the identification of ways to improve the constitutional and legal foundations of its provision.

The theoretical and methodological basis of the work was an analysis of the current environmental legislation, the works of researchers in the field of environmental safety and its constitutional and legal foundations.

Results and conclusions. Improving the constitutional and legal foundations for ensuring environmental safety in the Russian Federation is not just a legal or technical task, but a strategic necessity for the country's sustainable development. The Constitution of the Russian Federation sets a high standard, enshrining the right to a favorable environment and recognizing natural resources as the basis of peoples' lives. However, these declarative provisions remain insufficiently implemented due to the lack of a holistic concept of public administration and the fragmented nature of legal regulation.

To solve this problem, it is necessary: a) to legally define key concepts («favorable environment», «environmental safety», «acceptable risk») in federal law; b) to consolidate procedural guarantees, including a simplified procedure for judicial protection of environmental rights, the obligation of strategic environmental assessment for government programs and plans; c) a clear distribution of powers and responsibilities between the federal center and the regions based on article 72 of the Constitution, excluding the «blurring» of responsibility.

Overcoming the systemic problem of the current state of legislation in the field of environmental safety obviously requires: 1. Development and adoption of the Federal Law «On Environmental Safety in the Russian Federation» as a system-forming act that will provide a clear definition, establish principles, delineate responsibilities and create effective risk management mechanisms. 2. The subsequent codification of environmental legislation in the form of the Environmental Code of the Russian Federation, which will eliminate contradictions, unify approaches and build a unified legal system subordinated to the common goal of ensuring environmental safety.

Only on the basis of such an integrated approach is it possible to build a solid constitutional and legal model capable of harmonizing environmental, economic and social interests.

116-124 7695
Abstract

Introduction. In the fall of 2026, the next elections for deputies of the State Duma of the Federal Assembly will be held, and the real electoral process will be subject to the legal requirements and restrictions for candidates from among the citizens of the Russian Federation. The current processes of domestic state-building are characterized by a rethinking of the basic principles of the organization and functioning of the national mechanism of state power, primarily in the context of the exercise of constitutional rights by the citizens of the Russian Federation. Under these circumstances, the problem of the legal nature of electoral qualifications and restrictions, their doctrinal development, their place in the system of constitutional law, and their role in the implementation of citizens' right to participate in the management of state affairs in the context of the right to be elected to public authorities becomes relevant.

Purpose. Based on a systematic and logical analysis of the existing qualifications and restrictions on passive suffrage in the elections of deputies to the State Duma of the Federal Assembly of the Russian Federation, to make proposals for improving the application of the current legislation on this issue.

Theoretical foundations. The presence of electoral qualifications and restrictions is intended to contribute to the formation of a high-quality professional staff of State Duma deputies, which allows for increasing the effectiveness of the state's legislative activities. The use of electoral qualifications and restrictions in the processes of state building contributes to streamlining the conditions and requirements for voters and candidates for representative bodies of state power and local self-government, as well as other public authorities. Based on the existing national practice, we believe that certain qualifications and restrictions on passive suffrage in the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation need to be adjusted. At the same time, it is important that the introduction of innovations be acceptable for the real implementation of citizens' electoral rights and freedoms, and that it not be excessive or transformative into a tool for discriminating against individual citizens.

Results and conclusions. The issues of the application of electoral qualifications and restrictions on passive suffrage during the election of the State Duma in Russia require close attention from federal authorities and civil society. It is advisable to accelerate the process of improving the legal regulation of these social relations, taking into account the more than thirty years of experience in electing this chamber of the Russian parliament. The theoretical provisions formulated in the article can be used in subsequent scientific research on this issue.

PROBLEMS OF CIVIL LAW

125-135 8112
Abstract

Introduction. In Russian law enforcement practice and legal doctrine, the issue of the possibility of limiting citizens' executive immunity to single housing has been the subject of active discussion over the past fifteen years. To date, the debtor's only residential premises can be sold as part of an insolvency case, however, there are no specific grounds for limiting the immunity in the legislation, and the parameters of residential premises, upon reaching which real estate can be qualified as luxury, are also not disclosed. According to the author of the study, this legislative gap needs to be filled in terms of fixing criteria for limiting the property immunity of a single dwelling in legislation.

Purpose. To characterize the approaches used in law enforcement practice to determine the grounds for limiting the property immunity of a single dwelling, to formulate proposals for improving legislation in this part.

Methods. The study of legislation, judicial practice, scientific publications, and statistical data was conducted using the formal legal method. The comparative legal method is used to compare approaches to the limitation of property immunity in domestic legislation and the law of foreign countries. The method of system and logical analysis and the method of modeling were used to analyze and formulate proposals for legislative reform.

Results. In the course of the study, it was found that the approaches used by the courts to determine the criteria for limiting the immunity of single housing do not meet the goals of the institute of insolvency and the interests of participants in the bankruptcy case. In this regard, the author suggests considering the experience of the American legislator in establishing a cost criterion for determining the signs of luxury living space. The content of this mechanism is to establish the maximum value of the debtor's residential premises, the excess of which will automatically entail the need for its implementation. The author suggests an approximate methodology for calculating such a marginal cost, based on statistical data and standards stipulated in legislation, based on the product of the average cost and the average area of a residential building.

Conclusions. Setting a ceiling on the cost of residential premises as a key criterion for limiting its property immunity can have a positive impact on the entire institution of consumer bankruptcy, namely, to promote transparency and predictability in the consideration of cases, reduce the burden on the courts, and minimize the risks of abuse by debtors.

136-145 7409
Abstract

Introduction. With the development of the contract system in public and municipal procurement, the issue of civil liability of contracting parties and mechanisms for compensating for property losses has become particularly important. The growing role of public interests and the simultaneous need to ensure fair protection of the rights of procurement participants have generated persistent academic and practical interest in the issue of compensation for damages, particularly lost profits due to unilateral contract termination. This issue is particularly relevant in light of the ambiguity of law enforcement practices and existing legislative restrictions.

The purpose of this study is to comprehensively analyze the legal nature and features of compensation for damages in the system of state and municipal procurement, as well as to identify conflicts between the general norms of civil legislation and special regulation of the contract system.

Methods. The study utilized general scientific and legal research methods: formal legal analysis of regulatory legal acts, comparative legal methods, a systems analysis of the judicial practice of arbitration courts, the Supreme Court of the Russian Federation, and the Constitutional Court of the Russian Federation, as well as elements of doctrinal analysis of scholarly sources.

Results. It was established that current legislation creates a model of limited liability in the event of unilateral contract termination, excluding the possibility of recovering lost profits and thereby deviating from the principle of full compensation for damages enshrined in civil law. Key enforcement issues related to proving actual damages, qualifying the customer's unlawful unilateral termination, and the risks of abuse of rights were identified.

Conclusions. The need to clarify the scope of application of the special limitation of liability and develop uniform guidelines for judicial assessment of the parties' conduct is substantiated. A conclusion is reached on the advisability of statutory differentiation between the consequences of lawful and unlawful unilateral refusal to perform a contract, which will ensure a balance between public and private interests and improve the predictability of law enforcement practice.

PROBLEMS OF CRIMINAL AND PROCEDURAL LAW

146-155 9014
Abstract

Introduction. The use of social networks for the implementation of criminal schemes creates a number of difficulties in the criminal legal assessment of acts. One of the problems is that the criminal legislation does not keep up with the rapid development of modern information technologies. In this regard, the purpose of this article is to identify specific issues related to the qualification of these acts and to formulate effective preventive measures.

Theoretical foundations. Methods. The theoretical basis of the study consists of scientific articles, statistical reports of state departmental structures, and materials from judicial and investigative practices. The methodological basis is based on commonly used scientific research methods, which determine the choice of systemic, activity-based, functional, and interdisciplinary approaches to studying this relevant issue.

Results. So, social networks are a favorable environment for crime, the emergence of new digital forms of behavior, often bordering on the intersection of administrative and criminal legislation. The main problem is to identify the perpetrator of a crime in the context of anonymity and the cross-border nature of digital crime. Preventive measures are primarily related to the reform of criminal legislation, in particular, the tightening of liability for illegal acts carried out through digital services, including the involvement of individuals in illegal activities via the Internet, the establishment of malicious contact for the purpose of exploitation, and the remote sale of prohibited psychoactive substances. Regarding law enforcement agencies, it is necessary to note the need for continuous improvement of digital competence in order to detect and prevent crime on the Internet.

Conclusions. To effectively prevent offenses on social networks, a multifaceted and systematic approach is needed, which will include not only criminal law tools, but also organizational mechanisms, technological solutions, and measures aimed at socio-psychological impact. At the state level, it is necessary to develop an effective policy for raising the digital culture of the population and promptly responding to illegal content posted. It is crucial for law enforcement agencies to continuously improve their digital skills.

156-167 8804
Abstract

Introduction. The relevance of the study is due to the lack of research in the domestic historical and legal science on the participation of citizens in the administration of justice as an independent doctrinal construct. This issue is mainly considered within the framework of the general characteristics of the Soviet judicial system or individual procedural institutions.

The purpose of the article was to identify the stages of the formation of scientific ideas about the participation of citizens in the administration of justice in Soviet legal science, changes in doctrinal approaches to its nature, functions and limits, as well as to determine their influence on the organization of judicial activity.

The methodological basis of the study is a historical-legal approach, which allows us to consider the development of scientific ideas about the participation of citizens in the administration of justice in the context of changes in legal policy and regulatory regulation. The work uses formal legal, comparative legal and hermeneutic methods, as well as the method of scientific reconstruction in the study of regulations and scientific works of Soviet jurists.

Results and conclusions. The article proves that the development of Soviet legal ideas about the participation of citizens in justice was of a stage-by-stage nature and was determined by a change in its theoretical justification. It has been established that citizen participation has been consistently conceptualized as a way of directly exercising state power, as an element of the institutional organization of a centralized judicial system, and as a characteristic of justice in a nation-wide state. It is shown that while maintaining the basic institutions, the content of citizen participation was transformed depending on ideas about the nature of the Soviet court and the tasks of justice. It is concluded that Soviet legal science has formed a holistic doctrinal model of citizen participation in justice, based on a combination of expanding forms of participation with institutional restrictions on their content. Representatives of the public were recognized as participants in justice, but their activities were embedded in a professionally organized judicial system and subordinated to its logic.

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ISSN 2074-7306 (Print)
ISSN 2687-0304 (Online)