No 11 (2025)
ARTICLES
The scientific sphere as an object of legal regulation in the context of the use of artificial intelligence
Abstract
The development of modern technologies is one of the key factors in the transformation of the scientific sphere, but its legal regulation remains insufficiently developed. The article examines the legal aspects of the use of artificial intelligence technologies in scientific activity. Various approaches to understanding the category of "artificial intelligence" are considered, the current legislation on science is analyzed, inconsistencies with modern realities are identified, and the need to update the conceptual framework is substantiated. Based on the analysis of regulations and scientific doctrine, key definitions of artificial intelligence are revealed, its classification by degree of autonomy, and gaps in the regulation of applications in scientific research, peer review, grant policy, and academic integrity are identified. Special attention is paid to issues of responsibility in the use of autonomous artificial intelligence systems, the formation of ethical standards and ensuring transparency of algorithmic solutions. It is proposed to consolidate the category "scientific sphere" in the legislation as a system-forming concept reflecting the processes of creation, dissemination and protection of scientific knowledge in the context of digital transformation. It is concluded that there is a need for a comprehensive update of legislation on science, taking into account the integration of artificial intelligence technologies and the formation of legal mechanisms aimed at maintaining a balance between innovative development, academic integrity and public responsibility of scientific institutions. The methodological basis of the research was a systematic, comparative legal, formal legal, cultural, anthropological and discourse analysis. The scientific novelty of the research lies in the analysis of the application of artificial intelligence technologies in the scientific field. The paper analyzes the legal and ethical mechanisms for ensuring transparency and accountability of artificial intelligence solutions. Special attention is paid to the legal regime of scientific data. The study examines the key terms and provisions of the Federal Law "On Science and State Scientific and Technical Policy", which made it possible to assess their relevance and compliance with modern realities, as well as identify areas for integrating artificial intelligence technologies into scientific activities. A comparative analysis of foreign approaches to regulating artificial intelligence has been conducted, including risk-based liability models, algorithm audits, mandatory disclosure of information on the use of technologies and data protection measures, which has made it possible to identify promising areas for improving national legislation and forming an effective system of legal support for scientific activities using artificial intelligence.
Legal research. 2025;(11):1-22
1-22
Traditional Nature Management and Environmental Protection of the North (Part 1)
Abstract
The subject of this work comprises legal norms related to Indigenous small-numbered peoples and traditional nature management, as well as provisions of strategic planning documents addressing this topic. The aim of the study is to formulate conclusions and proposals aimed at improving legal regulation in this area, based on an analysis of federal and regional legislation, strategic planning documents, and information about Indigenous small-numbered peoples, traditional nature management, and the state of the environment. The research employs general scientific, specialized, and specific methods, including synthesis, analysis, deduction, generalization, analogy, induction, formal legal method, and others. The relevance of the topic is underscored by two key factors. On the one hand, the right to traditional nature management is a crucial element in preserving the culture of Indigenous peoples residing in the Russian Federation, as it is through traditional economic activities that ethnic clothing, household items, folklore, and language are maintained. On the other hand, the ability to engage in traditional nature management is significantly impacted by both industrial development in the Arctic Zone of the Russian Federation and the North in general, as well as climate change. Thus, there are numerous challenges in safeguarding the right to traditional nature management, which must be addressed, among other means, through legal regulation. The study presents several conclusions and proposals. For instance, given that traditional nature management is entirely dependent on the environment and natural resources, it seems logical to consider the possibility of its full implementation as an indicator of a favorable environmental state. The study also notes that the provisions of strategic planning documents concerning Indigenous small-numbered peoples can serve as a foundation for both improving existing legislation and developing new laws related to traditional nature management and environmental protection in the areas where it is practiced.
Legal research. 2025;(11):23-38
23-38
Transformation of civil society institutions and direct democracy in the process of constitutional adaptation
Abstract
Modern constitutional systems are facing unprecedented challenges – pandemics, climate disasters, digital transformation, and erosion of trust in institutions – which call into question the ability of the classical model of constitutionalism to ensure resilience and legitimacy. The traditional approach, based on stability, hierarchy, and limitation of power, proves insufficient in the dynamic, uncertain, and multi-actor reality of the 21st century. In this context, there is an increasing demand for more flexible, responsive, and inclusive forms of constitutional regulation that can swiftly adapt to social changes. The institutions of direct democracy and civil society are becoming particularly significant as they increasingly act not just as external corrections but as internal elements of the constitutional order. Global experience – from Estonia and Iceland to Latin American countries – demonstrates that involving citizens in constitutional processes enhances not only legitimacy but also the resilience of the rule of law. The subject of the research is the theoretical model of adaptive constitutionalism, where civil society and direct democracy are viewed as structural components of the constitutional system rather than peripheral elements. The work employs a comprehensive methodological approach, including a systemic analysis of the constitutional order as an open and dynamic system, a comparative legal method, and an institutional approach. The scientific novelty of the research lies in the proposal of an integrative model of adaptive constitutionalism, where the constitution is understood not as a static text but as a process of continuous dialogue between the state, courts, and civil society. The author shows that adaptability is achieved not only through formal amendment procedures but also through informal yet legally significant forms of participation – citizen assemblies, digital platforms, and public initiatives. The research substantiates the need for the institutionalization of these mechanisms, including the introduction of an obligation for authorities to respond to citizens' initiatives and the establishment of a public ombudsman for constitutional issues. It concludes that the future of constitutionalism is tied to a shift from a "constitution for the people" model to a "constitution with the people" model, where legitimacy is ensured not only by procedure but also by the depth of engagement. It emphasizes that without systemic participation by citizens, any constitutional reforms risk remaining formal and ineffective.
Legal research. 2025;(11):39-64
39-64
Promising directions for improving pre-trial proceedings in the Russian criminal process
Abstract
The subject of the research is the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the Republic of Kazakhstan that directly or indirectly relate to the procedural status of an individual who is actually subjected to criminal prosecution, with the aim of identifying both the obstacles to the development of pre-trial criminal proceedings and prospective guidelines for such development. In particular, the list of procedural grounds for granting the procedural status of a suspect and the correlation of these grounds with other criminal procedural institutions has been analyzed. Significant obstacles to the improvement of Russian criminal proceedings have been identified in the form of illogical correlation between the institution of suspicion and the institution of measures of criminal procedural coercion, as well as the actual insufficiency of the grounds provided by the current Criminal Procedure Code of the Russian Federation for granting the procedural status of a suspect in the form of pre-trial investigation and the unjustified obligation to present charges to the person subjected to criminal prosecution at the initial stage of the investigation of the crime, which in reality does not guarantee the admissibility of prolonged criminal prosecution of such a person. In the course of the study, the author used a comparative legal method to research the procedural grounds for the emergence of the procedural figure of a suspect in two states, as well as a formal-legal method, the application of which, taking into account static and sociological methods, conducted an analysis of several norms of the current Criminal Procedure Code of the Russian Federation with actual law enforcement. The novelty of the research consists in the proposal that, linking to the concept of the development of the procedural status of a suspect, would allow for the reform of the pre-trial stages of Russian criminal proceedings through changes to the criminal procedural model of its foundation and will lead to a reduction of criminal procedural procedures applied to individuals subjected to criminal prosecution until the transfer of the criminal case to the prosecutor and its submission to the court. Based on the results of the research, directions for improving the pre-trial stages of Russian criminal proceedings have been identified, which have proven effective through the testing of provisions of the new Criminal Procedure Code by law enforcers of the Republic of Kazakhstan. Taking into account the arguments of procedural scholars that allow to correlate the author’s arguments with the opinions of the scientific community and the views of law enforcers, formed in a combined percentage ratio based on the results of a survey, ideas have been proposed that contribute to the development of the Russian pre-trial criminal process.
Legal research. 2025;(11):65-75
65-75
Special types of exemption from liability for committing crimes in the sphere of economic activity
Abstract
This article presents a study of special types of exemption from liability for economic crimes. The relevance of this research topic stems from the need to achieve a compromise between the desire to compensate for damages caused by an individual to an individual, society, or the state, and the desire to hold an individual accountable and punish them for the crime committed. The study presents classifications of special types of exemption from liability in the provisions of Chapter 22 of the Criminal Code of the Russian Federation depending on the method of legal regulation, the frequency of application, and the nature of the exemption conditions. Classifications of special types of exemption from criminal liability are necessary when constructing new types of exemption from criminal liability and facilitate the uniform formulation of types of exemption from criminal liability for crimes with common characteristics. The following methods were used as the methodological basis for the study: analysis, synthesis, legal induction, generalization, comparison, and the formal legal method. The article substantiates the shortcomings of the design of some special types of exemption from liability contained in Chapter 22 of the Criminal Code of the Russian Federation and raises the issue of the need to introduce new special types of exemption from liability for economic crimes. Specifically, to address the issue of returning exported cultural valuables to the territory of the Russian Federation in violation of Article 190 of the Criminal Code of the Russian Federation, it is necessary to construct a special type of exemption from liability of a compensatory nature in the note to Article 190 of the Criminal Code of the Russian Federation, for example, as follows: «A person who has committed a crime under this article shall be exempt from criminal liability if he voluntarily fulfilled the obligation to return to the territory of the Russian Federation cultural valuables exported from its borders, undamaged».
Legal research. 2025;(11):76-87
76-87
Amitology as a School Shooting Prevention Method: Potential Assessment
Abstract
The subject of the research is the organization of prevention of school shootings and other forms of deviant behavior in the educational environment. The approaches to understanding the nature and legal status of school shootings were analyzed. The necessity of systematic preventive work in the educational environment at various levels – from ideological to individual, concerning potential school shooters – was substantiated. The author's perspective on the existing concept of preventive work was formulated; its main directions are aimed at explaining to young people the destructive nature of various types of deviant behavior, forming an understanding of the inevitability of punishment for committing such actions, and informing about the tightening of criminal liability measures. There was also made an attempt to investigate the hypothesis that the targeted development of social skills and the creation of a cohesive atmosphere in a group can reduce the risks of social exclusion and aggressive behavior among students. The methodological basis of the study, along with a set of general scientific methods (observation, comparison, analysis, synthesis, generalization, deduction), also included the method of comparative legal research, as well as developments in the field of integralism. The research was conducted using materials from specialized criminological literature and the socio-philosophical works of one of the founders of modern sociology, P.A. Sorokin. The scientific article is the first to assess the applicability of P.A. Sorokin's amitology to the prevention of unlawful behavior among youth, particularly school shootings. In doing so, the thesis is substantiated that the education system possesses a number of significant advantages over family, friends, and the church as an environment for forming a stable capacity for constructive altruism. Based on the research findings, it was concluded that P.A. Sorokin's developments in the field of amitology hold significant potential for organizing the prevention of various forms of deviant behavior among youth. In particular, the concept of "altruistic love" as a foundation for social harmony and solidarity offers an alternative to repressive and purely rational approaches to preventing various forms of deviant behavior in the educational environment.
Legal research. 2025;(11):88-101
88-101
The release of accused participants of the special military operation from criminal liability and the rights of the victim.
Abstract
The article analyzes specific problems of doctrinal and practical nature that have arisen as a result of the consolidation in criminal and criminal procedural legislation, legislation on military duty and military service, mobilization legislation, the procedure for concluding a contract for military service with defendants during mobilization, states of emergency, and wartime. It explores a new, previously unknown procedure for depenalization in Russian legislation, which is based on public interests – expanding the group of individuals engaged on a voluntary (quasi-voluntary) basis in combat operations as part of the Armed Forces of Russia. This procedure has significant differences from the general approaches to the grounds and procedure for making decisions on exempting the accused from criminal liability in peacetime. This phenomenon (the procedure for exempting the accused from criminal liability in special periods or times) requires deep scientific reflection. Through the lens of the rights of the victim, the relationships arising from the application of the new order for releasing accused individuals from criminal liability are examined, as well as the potential conflict between public and private interests (the interests of the victim) resulting from this procedure. The opinion is expressed on the necessity for further comprehensive intersectoral (criminal, criminal procedural, criminological) study of the phenomenon of exemption from criminal liability of a broad range of accused individuals, especially in the commission of serious and particularly severe crimes against life and health, against property, without taking into account the views of victims of such crimes. It is proposed to limit the admissibility of applying such a procedure to suspects and accused persons, preserving it only for those convicted with the possibility of applying the criminal law institution of deferring punishment in the case of concluding the corresponding contract for military service. It is also suggested to expand the list of crimes for which accused individuals cannot conclude the relevant contract with the command of the military unit. As an additional guarantee of ensuring the right of the victim to access justice and compensation for damages, as provided for in Article 52 of the Constitution of the Russian Federation, the creation of a fund to assist victims of crimes, the investigation of which has been suspended in public interests related to the conclusion of a contract for military service with the accused during special periods or times, is proposed.
Legal research. 2025;(11):102-122
102-122
On the problematic issue of invoking to the international legal responsibility of the military-political alliances by bodies of the international judicial system
Abstract
The article is devoted to the analysis of legal barriers preventing the calling of military-political unions to international responsibility. The author examines the limitations of the jurisdiction of the International Court of Justice related to the lack of locus standi status for international organizations, and considers arbitration as an alternative dispute settlement mechanism. The examples of the practice of the International Court of Justice, the Permanent Court of Arbitration and regional arbitrations demonstrate the contradiction between normative declarations and the actual enforcement of international acts. The analysis of the decisions of the International Court of Justice in matters of responsibility of international organizations is carried out. Special attention is paid to the need to amend the Statute of the International Court of Justice and to develop universal arbitration procedures. In conclusion, the proposals on reforming the international legal system to ensure the responsibility of military-political unions are substantiated. The study uses a set of general scientific and private scientific research methods based on the general philosophical principles of objectivity, comprehensiveness, universal connection and development. The author applied a systematic and functional approach. A special place in the study is given to the formal legal method. The scientific novelty of the work lies in a comprehensive analysis of the legal barriers preventing the implementation of the responsibility of the UPU, and the proposal of alternative dispute resolution mechanisms. The main results of the study are the identified significant limitations of the jurisdiction of the International Court of Justice in relation to international organizations, the analysis of the practice of the International Court of Justice, the Permanent Court of Arbitration and regional arbitrations, the justification for the need to amend the Statute of the International Court of Justice to expand the possibilities of bringing military and political unions to justice, and the proposed concept of using arbitration as an alternative mechanism dispute settlement, the developed recommendations on the reform of the international legal system, in the revealed contradictions between normative declarations and actual law enforcement in the context of the responsibility of military-political unions. The study proves the need to improve the mechanisms for bringing military-political unions to international responsibility through the reform of existing legal institutions and the development of alternative dispute resolution methods.
Legal research. 2025;(11):123-134
123-134
International legal foundations for regulating climate change and ways to enhance the effectiveness of international cooperation
Abstract
The subject of the study is the international legal mechanisms for regulating climate change and their interaction with national legal regimes, particularly the legal practices of the Russian Federation. A systematic analysis of international climate law has been conducted, revealing key gaps: fragmentation of enforcement and accountability mechanisms, challenges in fairly distributing burdens between developed and developing countries, insufficient coherence between international and national legal regimes, limited accessibility to procedures for compensating transboundary climate damage, and difficulties in proving causal links in climate disputes. The achievements in secondary and strategic acts (strategies, "roadmaps" for the Paris Agreement, carbon accounting methodologies) in the Russian Federation are noted, but there is a lack of coordination, absence of unified climate legislation, and not always effective integration of "hard" and "soft" law. A synthetic interdisciplinary approach has been applied, combining systemic-legal, comparative-legal, and doctrinal analyses, institutional and functional-legal approaches with elements of climatology, political science, and economics. Methods of analyzing the treaty framework, monitoring and financial mechanisms, comparing national practices (Russia, EU: Germany, France), and studying judicial precedents have been used. The work combines a comprehensive legal and institutional analysis of international climate norms with a detailed assessment of their implementation practices in Russia and comparable jurisdictions, proposing unified approaches to standardizing the evidentiary basis in climate disputes and formulating specific mechanisms for translating elements of "soft" law into national legislation. New practical and legal tools have been identified: centralized scientific-legal commissions for unifying expertise, methodological standards for establishing causation, and hybrid funding models for adaptation measures. Based on the conducted research, eight priority measures are proposed to enhance the effectiveness of climate regulation: from creating national climate councils and formalizing "soft law" standards to developing unified standards of proof in climate disputes, expanding access to justice, harmonizing extraterritorial regulation, and strengthening international financial mechanisms. The necessity of a comprehensive, multi-level approach is emphasized, combining legal harmonization, institutional reform, civil society participation, and fair distribution of resources and responsibilities. Such an approach is viewed as a prerequisite for forming a sustainable and legitimate global climate legal order that responds to the challenges of the 21st century.
Legal research. 2025;(11):135-149
135-149
Applicability of the information intermediary status to digital platform operators
Abstract
The article is dedicated to the analysis of the legal status of digital platform operators from the perspective of the information intermediary institution. Special attention is paid to assessing the compliance of the information intermediary status enshrined in Article 1253.1 of the Civil Code of the Russian Federation to digital platform operators, considering their multifaceted nature and specific activities. The features of information intermediaries regulated by Russian legislation are studied in comparison to foreign models—American and European. The peculiarities of applying the status to marketplace operators are analyzed, as well as the issues of recognizing investment platforms as information intermediaries. The object of the research is the public legal relations arising in the process of functioning of digital platforms and the interaction of their users. The subject of the research is the legal regulation of the status of digital platform operators from the viewpoint of the information intermediary institution. Methodology: A comprehensive legal analysis has been used—a comparative study of domestic and foreign regulations, as well as an interpretation of the norms of Russian legislation in light of the practice of the Supreme Court of the Russian Federation and Arbitration Courts. The emphasis is placed on identifying the characteristics and criteria of information intermediaries concerning digital platform operators. The novelty of the research lies in the comprehensive analysis of the concept of an information intermediary in the context of the dynamically developing platform economy of Russia. This work systematizes the mechanisms for implementing the information intermediary institution concerning digital platform operators, taking into account recent legislative changes, including Federal Law No. 289-FZ on platform economy. The research identifies and critically assesses existing contradictions and gaps when qualifying digital platforms as information intermediaries, particularly regarding marketplaces and investment platforms, which is relevant for the further development of theory and law enforcement in this field. The status of an information intermediary is an important legal institution that protects the interests of participants in civil legal relations in the digital environment. However, not all digital platform operators can automatically claim this status. The effective application of the institution depends on compliance with the characteristics of technical passivity, neutrality, and prompt response to violations. The application of the status to investment and specialized platforms requires further research and practical consideration. A comprehensive study of the legislative framework and judicial practice contributes to balanced regulation and risk reduction, fostering the development of the digital economy.
Legal research. 2025;(11):150-165
150-165
