编号 5 (2025)
ARTICLES
Internet sales of potent substances: regulation and gaps in legislation
摘要
The subject of the study is the legal mechanisms aimed at regulating the process of remote sales of potent substances and poisonous chemical compounds through the use of the Internet. The article sequentially analyzes the provisions of current Russian legislation in the field of circulation of toxic substances, examines existing tools aimed at ensuring information security, and explores the possibility of their application to the remote sale of dangerous and potentially harmful substances through online platforms. Special attention is paid to the powers of the Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications (Roskomnadzor), as well as the identification of gaps in these powers. The risks arising from the unrestricted access to poisonous compounds in the virtual space are considered, and legal tools for preventing and suppressing such violations are proposed. The authors used the following methods: Comparative legal method (within the framework of analyzing normative acts regulating the circulation of potent and toxic substances in Russia); Systemic method (to identify gaps in legislation and assess the effectiveness of existing control mechanisms); Technical-legal method. The empirical part of the study was carried out through monitoring of Internet resources and inquiries to state authorities, analysis of judicial practice. The study emphasizes the importance of developing stricter measures of legal regulation that would prevent the circulation of potent substances and poisons, as well as toughening liability for violations of the relevant norms. Based on the above, the following recommendations can be formulated. 1. Legislative Improvements: Clarify the concepts of "potent" and "toxic substances" in regulatory acts to ensure uniform application of the law; Amend the Federal Law "On Information…" by including websites disseminating information on the sale of toxic substances, the illegal circulation of which is punishable under Art. 234 of the Criminal Code, in the list of resources subject to blocking without a court decision (by analogy with narcotics). 2. Strengthening Control and Enhancing Interagency Cooperation: Grant relevant authorities (Roskomnadzor and the Ministry of Internal Affairs) the authority to monitor and suppress online sales of dangerous substances, including the Darknet; Create a unified database of prohibited substances and their analogs to promptly identify new trafficking schemes; Enhance cooperation with customs and postal services to intercept shipments containing poisons.
Legal research. 2025;(5):1-21
1-21
The problems of satisfying the petition on the bias of the jury
摘要
Due to the legislator's very concise legal regulation of the concept of tendentious composition of jurors and the lack of criteria that would allow satisfying the petition for the dissolution of the board, the scientific literature is replete with contradictory discussions on the necessity of the existence of such an institution, and judicial practice is very few and there is no uniformity. Therefore, the subject of research in this article is the concept of bias in the composition of jurors, the search for criteria by which the totality of the factual circumstances of a particular criminal case and the existing composition of jurors would satisfy the concept of bias. The author attempts to analyze specific examples of judicial practice, compare them with the actual circumstances of the case under consideration and deduce from them an understanding of the bias of the jury panel, as well as the criteria by which such a request could be satisfied. The author uses methods such as induction, deduction, observation, comparison, analysis and generalization in the research process. Since the practice of satisfying petitions for the bias of the jury is very limited, today in practice it is difficult to understand what needs to be indicated in such a petition for a favorable outcome. Therefore, the novelty of this study lies in the fact that the author has tried to study judicial practice and present his own conclusions on the subject of the content of such a petition: it is not enough to point out only the deficiency on the basis of gender, race, nationality or profession of the formed panel of jurors. The issue of its bias is studied in the context of the specific factual circumstances and features of the criminal case under consideration. That is, a biased panel of jurors based on the fact that most of the jurors are women will be relevant only in cases of sexual crimes directly related to the relationship between the sexes. It would not be convincing to file such a motion, for example, in a fraud case.
Legal research. 2025;(5):22-35
22-35
Legal regime of substances: wastes, by-product, secondary raw materials, secondary resources
摘要
The subject of the research is the legal regime of substances in environmental law, including wastes, by-products, secondary raw materials, and secondary resources. The study analyzes the problems of their legal regulation that hinder the involvement of these substances in economic circulation in the context of permissive and regulatory types of legal regulation. The norms of current legislation and doctrinal approaches are examined, allowing for the identification of commonalities and differences in the legal regulation of substances as additional sources of raw materials, as well as the relationship between public law and private law means used in determining the legal regime of substances. A unifying factor is the necessity to form an independent legal regime for substances as a generic concept related to wastes, by-products, secondary resources, and secondary raw materials (as additional sources of raw materials). The study employs methods of comparative legal analysis, a systemic approach, and legal hermeneutics. The methodological foundation consists of theoretical developments in the field of environmental law and legal theory, including concepts of legal regimes and types of legal regulation (permissive and regulatory). Contradictions between imperative and dispositive approaches to the regulation of substances have been identified. Authorial approaches to understanding the legal regimes of substances have been proposed. The necessity of normative consolidation of the concept of "by-product" has been substantiated, along with criteria for its differentiation from production and consumption waste. It has been established that the current legal regime of waste is restrictive in nature, based on a permissive type of regulation, which complicates their use. At the same time, the legal regime of by-products, despite its potentially permissive nature, lacks clear normative regulation. The author proposes amendments to the normative regulation aimed at eliminating gaps and stimulating the involvement of production and consumption waste into economic circulation.
Legal research. 2025;(5):36-49
36-49
Administrative liability for offenses in the field of historical memory protection in the Russian Federation and the Republic of Belarus
摘要
The subject of the research is the social relations that develop in the field of the protection of historical memory in the Russian Federation and the Republic of Belarus. The focus of the study is on the norms of administrative legislation of the two countries that establish administrative responsibility for offenses that encroach upon historical memory. The author conducts a comparative legal study of the norms of the Code of Administrative Offenses of the Russian Federation dated December 30, 2001, No. 195-FZ, and the Code of Administrative Offenses of the Republic of Belarus dated January 6, 2021, No. 91-Z, which establish liability for offenses in the field of protection of historical memory. Special attention is given to the analysis of the norms regulating administrative liability for propaganda and public demonstration of Nazi symbols and attributes, for offenses in the field of protecting material historical and cultural heritage, and for the denial and distortion of historical truth about the Great Patriotic War. The research is based on a systematic approach. The key method of the study is comparative legal analysis, which enables the comparison of legal norms regulating liability for administrative offenses in Russia and Belarus and identifies their common features and differences. Alongside this, formal-logical and historical-legal methods were also employed. The novelty of the research lies in that the author identifies a whole set of norms in the administrative legislation of the Russian Federation and the Republic of Belarus establishing liability for administrative offenses in the field of the protection of historical memory. However, the author also discovers noticeable differences in the legislation of the two countries related to the administrative and legal regulation of the area of interest. In particular, Belarusian administrative legislation reflects a trend towards isolating administrative responsibility for offenses that encroach upon historical memory. In contrast, in the Code of Administrative Offenses of the Russian Federation, the compositions of administrative offenses in the area of protection of historical memory are dispersed. At the same time, the author concludes that in the trends of improving the institution of administrative responsibility in the Russian Federation, there is a clear orientation towards the protection not only of the material historical and cultural heritage of the peoples of Russia but also of its spiritual and moral foundation, which forms the basis of a common Russian civil identity.
Legal research. 2025;(5):50-63
50-63
Revisiting the Concept of State Sovereignty in the Context of the Transformation of Modern Constitutionalism: From Absolute Sovereignty to "Shared" Sovereignty
摘要
Modern processes of globalization, regional integration, and digitalization create the need to review established approaches to state sovereignty as a key concept of constitutional law. In the context of the transformation of constitutionalism, the importance of studying the mechanisms of redistribution of sovereign prerogatives among the state, international organizations, and other supranational entities increases. The relevance of the topic is determined by the search for a legal balance between preserving national sovereignty and the necessity for effective integration into global processes. The subject of the study is the theoretical and legal foundations and institutional manifestations of the transformation of sovereignty in modern constitutionalism. The forms and limits of "shared" sovereignty are analyzed within the context of contemporary public law. Special attention is paid to the interaction of international and national mechanisms for limiting and reformatting sovereignty. The analysis of the legal positions of the highest judicial instances serves as an empirical basis for substantiating the concept of "shared" sovereignty. The methodological foundation of the research consists of the principles of historicism, systemic and institutional analysis, as well as an interdisciplinary approach that combines legal, political, and philosophical perspectives. The study employs general scientific methods of analysis, synthesis, induction, and deduction, as well as specific legal methods, including comparative legal, formal-legal, and constitutional modeling methods. The novelty of the study lies in the identification of the evolution of the concept of sovereignty from its absolute understanding to the model of "shared" sovereignty within the framework of modern constitutionalism. The work offers an author's vision of the relationship between the national and supranational levels of public authority implementation in the context of legal globalization. It concludes that there is a need for doctrinal and normative rethinking of traditional sovereignty, taking into account modern constitutional practices. The research identifies legal risks and challenges associated with the erosion of the limits of sovereign power. It proposes directions for adapting legal systems to new forms of interstate and supranational interaction. The theoretical basis includes both classical doctrines of sovereignty by J. Bodin and T. Hobbes, and contemporary theories of governance, globalization, and transnational constitutionalism, considering the dynamics of modern legal systems.
Legal research. 2025;(5):64-83
64-83