No 6 (2025)
ARTICLES
Prevention Violations of Mandatory Requirements: Administrative-Legal Substance and Development Prospects in the State Control (Supervision) System in Higher Education
Abstract
The subject of the study is the institution of preventing violations of mandatory requirements in the field of higher education, examined through the prism of theoretical issues concerning its administrative-legal nature and practical aspects of implementation in the exercise of state control (supervision). The paper analyzes the theoretical and legal foundations of this institution, including its place within the system of state control (supervision) and its relationship with the concepts of "prevention" and "preemption". Current problems in the enforcement of preventive measures in higher education are identified, and measures to improve its regulatory framework and organizational-legal forms of practical implementation are proposed. Special attention is given to substantiating the key role of prevention in the system of state control (supervision) in higher education, with an emphasis on the need to develop tools aimed not only at preventing potential violations of mandatory requirements and minimizing the risks of adverse consequences but also at supporting and encouraging conscientious compliance with mandatory requirements by regulated entities. The methodological basis of the research consisted of general theoretical (analysis, synthesis, deduction, system-structural method) and specific scientific (statistical) methods. Within the framework of special scientific methodology, the formal-legal method was used, which ensured systematic analysis and interpretation of current legislation. The results of the study showed that the insufficiency of tools to support and encourage conscientious compliance with mandatory requirements determines the forced orientation of the Federal Service for Supervision in Education and Science (hereinafter - Rosobrnadzor) towards a preemptive-punitive approach in carrying out preventive measures. Overcoming this problem seems possible through the development of independent and self-assessment by controlled entities of the level of compliance with mandatory requirements. The novelty of the research lies in identifying and substantiating the potential of administrative-legal regulation mechanisms in higher education to expand the toolkit for ensuring good-faith compliance with mandatory requirements. The integration options proposed in this study for incorporating the results of procedures such as independent quality assessment of education, ranking, and self-evaluation into this toolkit—in systemic connection with the practical implementation of a risk-based approach—contribute to achieving a balance in the interaction between the state, society, and educational institutions as one of the benchmarks for improving control (supervisory) activities.
Legal research. 2025;(6):1-13
1-13
Pre-check analysis of taxpayer activities: problems of legal regulation
Abstract
The article explores the pre-check analysis of taxpayers' activities as a new form of tax control. It has been found that recently, the nature of the implementation of activities within the framework of pre-check analysis by tax authorities has changed significantly, transforming this activity from purely analytical to a control function. The author analyzes the main principles and procedures for conducting pre-check analysis of taxpayers' activities, identifies issues of legal regulation and the procedure for conducting pre-check analysis of taxpayers' activities. It is noted that currently, the procedure and principles for conducting pre-check analysis are regulated by internal documents of the Federal Tax Service of Russia, which are classified as "for official use only," excluding the possibility for taxpayers to become acquainted with these internal documents. At the same time, such a regulatory approach to this form of tax control carries risks of violating the rights and legitimate interests of taxpayers. This research employed general scientific methods (dialectical method of scientific cognition, systemic method, methods of analysis, synthesis, generalization, induction, deduction, observation, explanation, interpretation, and classification, description of concepts and terms) as well as specific legal methods (particularly, the formal-legal method). Based on the conducted analysis of theoretical approaches, positions of scholars and practicing specialists regarding the legal nature of pre-check analysis and the procedure for conducting pre-check analysis of taxpayers' activities, the author concludes that pre-check analysis of taxpayers' activities is a new form of tax control, as it represents a set of measures carried out by tax authorities within the framework of tax control and has legal consequences for the taxpayer. In this regard, it is proposed to include a number of articles in Chapter 14 "Tax Control" of the Tax Code of the Russian Federation that would regulate the procedure for conducting pre-check analysis of taxpayers' activities. To protect the rights and legitimate interests of taxpayers, it is suggested to specify the rights and obligations of tax authorities and taxpayers within the framework of this form of tax control.
Legal research. 2025;(6):14-26
14-26
On the issue of the legal concept and criteria of nature-like technologies
Abstract
In the modern world, ensuring the technological sovereignty of the state becomes the goal, without which the very possibility of its existence can be questioned. One of the main strategic priorities of the state, which form the basis of its national security, is the acceleration of scientific and technological development in all directions. The priorities and prospects of this area of development of our country, which should be implemented in the next decade, include the transition to the development of nature-like technologies. The subject of this article is nature-like technologies from the point of view of considering the content of this concept currently used in the Russian Federation in various branches of science and economic activity, as well as possible criteria for classifying technology as nature-like. When writing the article, general scientific methods of analysis, synthesis, and abstraction were used, which made it possible to identify the essential characteristics of nature-like technologies that should be used in formulating the legal definition of this concept. Using methods of comparison and interpretation, concepts with similar meanings, as well as various criteria for classifying technology as nature-like, have been identified. The study concluded that leadership in the implementation of cutting-edge technologies, including nature-like technologies, is the cornerstone of ensuring the national security of the state. The possibility of effective implementation of the goals of the Strategy of Scientific and Technological Development of the Russian Federation in terms of the development of nature-like technologies is inextricably linked with the improvement of legislation in order to ensure their development at a faster pace and effectively prevent possible risks of their use. At the same time, when developing regulatory legal acts in this area, an interdisciplinary approach should be ensured with various branches of science, as well as between different branches of law – civil, administrative, information, environmental, energy and others. When forming the legal concept of nature-like technologies, it seems necessary to include their most general essential characteristics in it. At the same time, the criterion of the need to include technologies and objects created on their basis in the natural resource turnover should be applied to all innovative technologies, regardless of whether they are nature-like or not, which should become an independent goal of scientific and technological development of mankind.
Legal research. 2025;(6):27-43
27-43
"Public call" and "propaganda": the criminal law content of the terms
Abstract
The work discusses certain features of the criminal law content of the terms "public call" and "propaganda." The author notes that the current situation demonstrates the need to prevent various forms of destructive influence on all members of society. Increased attention to these categories of criminal law is linked, among other things, to the rise of informational threats in the digital space; the need to maintain a balance between permissible and criminal behavior; the complexity of the theoretical and practical significance, and so on. Within the framework of the work, the author attempts to define the concepts of "public call" and "propaganda" using three approaches: analyzing the concept with deductive tools; appealing to scholarly opinions; considering legal approaches to the interpretation of the terms of interest. The research employs a range of general scientific and specific scientific methods that allow for a comprehensive examination of the criminal law content of the terms "public call" and "propaganda." The foundation of the research is the universal dialectical method of cognition, which enables the study of the objectively existing patterns, essence, and content of these terms. As a result of the conducted research, a number of conclusions are drawn. In particular, it is established that there are legal definitions of the terms "public call for terrorist activity," "public calls for extremist activity," and "propaganda of terrorism." However, it should be noted that criminal legislation does not limit the mention of public calls and propaganda only within the framework of these criminal acts. The work offers the author's vision of the terms "public call" and "propaganda" in the context of criminal law. Additionally, it is established that the studied terms are similar but differ from one another. In this regard, criteria for their differentiation based on content and intended significance are proposed. In particular, in terms of content, a call implies a direct incitement to a specific action, while propaganda involves the systematic dissemination of ideas to shape a worldview. In terms of intended significance, a call aims to stimulate immediate action, whereas propaganda seeks to achieve long-term changes in beliefs or values.
Legal research. 2025;(6):44-52
44-52
On the concept of ‘personal information’ and ‘personal data’ in China and Russia
Abstract
This article examines the concepts of ‘personal information’ in the Law of the People's Republic of China ‘On Protection of Personal Information’ and ‘personal data’ in the Federal Law of the Russian Federation ‘On Personal Data’. Three theories are used to analyse the approaches to the definition of these concepts: identification theory, linkage theory and privacy theory. The main attention is paid to the differences and similarities in the concepts of ‘personal information’ and ‘personal data’, as well as their classification within the framework of Chinese and Russian law. The similarities and differences between the two concepts under the laws of the two countries are analysed from two aspects: different ways of identifying the object and different subjects of identification. The aim of the article is to clarify the similarities and differences between the concepts of ‘personal information’ and ‘personal data’ used in Chinese and Russian legislation by comparing and analysing their theoretical foundations, definitional approaches, the history of the concepts and the reasons for their use, as well as their main classifications. The main research methods used in this work include literature analysis, comparative analysis, and case analysis. The main conclusions of the article are that there is no significant difference in content between "personal information" in the PRC Law on Personal Information Protection and "personal data" in the Russian Federal Law on Personal Data. The concepts of personal information and personal data are undoubtedly fundamental to the protection of personal information. However, numerous problems identified in judicial practice reflect the uncertainty of the concept of personal information and the complexity of its practical application. With the development of technologies in the era of big data, the protection of personal information faces new challenges. This is especially true against the backdrop of data fragmentation, where individual pieces of information can be linked, combined, and matched, allowing for the re-identification of specific individuals. Such dynamism and variability make traditional fixed concepts difficult to apply in real-world conditions. Therefore, future legislation should maintain flexibility and elasticity in defining personal information, adapting to changes in the development of information technologies and continuously adjusting and improving relevant legislation in accordance with the actual situation.
Legal research. 2025;(6):53-70
53-70
Issues of legal regulation of the implementation of the main directions of scientific and technological development in Russia.
Abstract
The subject of the research is the mechanism of legal regulation of the processes for the implementation of national programs in the field of scientific and technological development of the Russian Federation. The work analyzes the theoretical and legal foundations of this institution; it examines the targeted directions for the development of legal regulation specified in the National Projects and other documents regulating the achievement of national development goals; it analyzes the current state and compliance of existing legal mechanisms with established priorities; it identifies shortcomings and conflicts in the regulation of scientific and technological development; it proposes measures to improve its normative regulation and organizational-legal forms for the practical implementation of the provisions of strategic planning documents. Special attention is given to the fact that the documents containing the fundamental principles of state policy in this area pay insufficient attention to legal regulation, primarily stating goals and tasks, as well as planned outcomes to be achieved. It is justified that it is necessary to supplement and expand the regulation of technological development directions both with newly adopted normative legal acts and by amending existing ones. To conduct the research, a methodology was used that included an analytical review of strategic planning documents, the normative legal framework, drafts of normative legal acts, and scientific literature on the subject of research, as well as the generalization and systematization of data and the formation of proposals to resolve the identified problems. The results of the research showed the inadequacy of the existing legal framework for the effective implementation of measures to achieve scientific and technological development. Thus, the main criteria and a list of indicators for assessing the effectiveness of the activities of federal executive authorities for achieving prioritized directions of scientific and technological development have not been established. The legal norms that define specific steps for the implementation of the main directions of scientific and technological development of the Russian Federation at the current stage of the implementation of National Projects are still in the formation stage, which corresponds to the criteria outlined in the foundational documents. The novelty of the research lies in the identification and justification of the potential of the legal regulation mechanism in the field of scientific and technological development. Specific ways to improve legal regulation for each of the seven directions of scientific and technological development are proposed. In particular, changes to Federal Law No. 127-FZ "On Science and State Scientific and Technological Policy" and recommendations for the creation of a technological code are suggested.
Legal research. 2025;(6):71-89
71-89
Judicial constitutional review and the transformation of modern constitutionalism: problems of harmonization and development
Abstract
The relevance of the research topic lies in the significance of judicial constitutional review as a key institution that ensures stability and development of the constitutional order in modern legal systems. In the context of the transformation of constitutionalism, accompanied by globalization, digitalization, and increasing challenges to national sovereignties, the role of judicial bodies in protecting the Constitution becomes increasingly prominent and multifaceted. The issue of harmonizing judicial review within pluralistic legal systems and amid competing jurisdictions remains unresolved, leading to legal uncertainty and risks of legal fragmentation. The topic of judicial review is timely given the rise of judicial activism, as well as the role of courts in law-making and ensuring a balance of interests amidst political and social changes. It acquires special significance in the context of post-classical constitutionalism. In this regard, the study of the problem of harmonizing judicial review aims to identify ways to integrate national judicial systems in the context of global legal standards and regional institutions. The methodology of the research is based on comparative and institutional approaches, allowing for an analysis of various models of judicial constitutional review in different countries and at various levels. To this end, methods of analyzing judicial practice, as well as historical-legal and regulatory approaches, were utilized. The novelty of the research lies in the integration of various theoretical and practical approaches to judicial constitutional review in conditions of globalization and transformation of legal systems. The article emphasizes changes in the role of courts, their interaction with political and social processes, as well as new challenges that require a rethinking of the boundaries of judicial power. It demonstrates how constitutional review becomes not only a tool for protecting the Constitution but also a factor of legal progress and resilience in times of crisis of representation. The necessity of institutionalizing judicial interaction, strengthening the legal responsibility of judges, and enhancing the links between justice and society is substantiated. In conclusion, the importance of digitalization of judicial proceedings for enhancing the accountability of courts and increasing the efficiency of their review is emphasized. The development of proposals for harmonizing judicial review can serve as a foundation for further changes in national constitutional systems and international legal practice.
Legal research. 2025;(6):90-111
90-111
The personological factor in the criminal law assessment of accidents involving personal mobility means users: gaps in legislation and judicial practice
Abstract
The subject of the present study is the set of criminal-legal and criminologically significant characteristics that determine the influence of personological traits of personal mobility transport (PMT) operators (PMD users) on the qualification of the offense and the individualization of punishment in cases involving serious consequences of traffic accidents. The aim of the work is to identify the role of the personological factor in the qualification and sentencing of offenses related to the operation of electric scooters. The methodological basis consists of the dialectical paradigm of the relationship between the biological and the social, the criminological theory of integral risk, and the cognitive-psychological concept of transport competence. The comparative-legal method involves comparing normative constructs to identify gaps in legislation; modeling involves developing the concept of the “Personological Danger Scale for PMD Operators” (PDS-PMD) as an expert tool for sentencing. The results of the study demonstrate a transformation of the normative-legal paradigm: in the absence of a specialized criminal offense, the emphasis shifts from formal criteria of mechanical vehicles to the individual-personal characteristics of the subject. It seems appropriate to amend the disposition of Article 264 of the Criminal Code of the Russian Federation by extending its application to persons operating PMTs who violate federal normative legal acts and rules of PMT operation if such actions cause serious harm to health or death of the victim. Introducing these changes will overcome the existing gap in the nature of criminal-legal protection in the field of micromobility and ensure lateral consistency with Articles 264 and 268 of the Criminal Code, which corresponds to the principles of systematicity and internal coherence of criminal legislation. Furthermore, the developed scale of personological (criminological) danger for PMT users is proposed, based on a combination of factors including offending behavior, degree of compliance with traffic rules, and individual psychological characteristics of the subject. The practical significance of this scale lies in its potential application for individualizing punishment, forming preventive programs, and regulating access to PMDs in conditions of increased accident risk, which in turn contributes to the unification of law enforcement practice and enhances the effectiveness of preventive measures in the relevant field.
Legal research. 2025;(6):112-125
112-125