No 3 (2025)

The subject of the study is the phenomenon of cryptocurrency, current problems of legal regulation and prospects for legislative development in the Russian Federation. Despite the rapid spread in the economic and financial space, this type of currency actually found itself outside the field of view of the Russian legislator, which in practice creates numerous problems, aggravated by the lack of unity of views on explaining its essential aspects in the modern scientific environment. The purpose of the work is a thorough consideration of the provisions of substantive law that characterize such a fundamentally new segment of public relations as illegal activities with cryptocurrency. The objectives of the research are a detailed examination of the theoretical, legal, economic and conceptual aspects of cryptocurrency in the doctrine and current legislation of the Russian Federation. A wide range of general scientific and private scientific methods was used in the research, including forecasting, modeling, and formal law. Their application allowed us to develop the most effective ways to eliminate the identified problems. For example, using the forecasting method, it was possible to construct a model of legal regulation of cryptocurrency values in the Russian Federation. Development of an optimal model of legal regulation and improvement of criminal law tools for countering the use of cryptocurrencies for criminal purposes. In contrast to the studies that previously existed in the legal doctrine, this work for the first time concludes that it is necessary to comprehensively amend various branches of the current law. The author of the article analyzes the legislative and doctrinal uncertainty of the concept of cryptocurrency, pointing out its "defects". Through the analysis of judicial practice and the opinions of reputable jurists, it is proved that the problematic field of Russian legislation is the status of cryptocurrency, which is relevant due to its multifaceted practical significance in the context of informatization of public relations. It is concluded that it is necessary to classify cryptocurrency valuables as "other property", which should be reflected in both civil and criminal law. The possibility of recognizing cryptocurrencies as the subject of theft, as well as the subject of confiscation, has been determined. The practical significance of the conclusions is proved. The introduction of the proposed amendments to Articles 128 of the Civil Code of the Russian Federation and Article 158 of the Criminal Code of the Russian Federation will help optimize law enforcement practice in terms of countering the illicit trafficking of various types of cryptocurrencies. The results obtained can be used in the course of improving the current Russian legislation.

The subject of this study is the ethical dimension of criminal punishment, expressed in the relationship between humanitarian ideals of criminal law and the penitentiary practice of their implementation. Special attention is given to the analysis of the moral nature of criminal sanctions as a specific institution of social control, which includes both punitive and rehabilitative elements. The article examines the legal and moral grounds for the imposition and enforcement of punishments, as well as the mechanisms of their influence on the convicted individual's personality and public consciousness. The analysis also focuses on the contradictions between the normative provisions outlined in the Constitution of the Russian Federation, the Criminal Code, and international acts, and the actual practices of the penal enforcement system that hinder the achievement of rehabilitation and reintegration goals for convicts. Additionally, the conceptual foundations of the ethical-legal evaluation of criminal sanctions are explored in the context of shaping legal awareness and ensuring the legitimacy of state criminal policy. The study employs dialectical and systemic approaches, as well as methods of formal-legal, comparative-legal, and historical-legal analysis to identify the ethical foundations and contradictions of criminal punishment within the framework of contemporary penitentiary practice. The scientific novelty of the research lies in the comprehensive ethical-legal analysis of criminal punishment as a phenomenon that combines legal and moral nature. The author reveals for the first time the interconnection between humanitarian principles of criminal law and the practice of executing punishments, highlighting the contradictions between the declarative provisions of legislation and actual penitentiary mechanisms. Particular emphasis is placed on justifying the need for integrating moral-philosophical categories into the development and implementation of penal policy as a basis for establishing sustainable humanitarian practices. The work formulates theoretical grounds for revising approaches to the institution of criminal records and proposes directions for reforming the penal enforcement system with a focus on rehabilitation and the protection of human dignity. It concludes that affirming the moral content of criminal sanctions is necessary to enhance their effectiveness and legitimacy in public consciousness, as well as to strengthen institutional mechanisms that minimize the destructive social consequences of incarceration.

The subject of the present study is the institution of special complicity in terrorist activities as a comprehensive legal category, which includes legal regulation, doctrinal approaches to defining the boundaries and forms of special complicity, law enforcement practices, and comparative legal aspects. The goal of the research is dual in nature. The scientific-analytical component includes the systematization of existing theoretical approaches to understanding special complicity in terrorist activities, identification of gaps and conflicts in modern legal regulation, and analysis of the transformation of forms of complicity under the conditions of digitalization of criminal activities. The relevance of the research is due to the need to develop unified qualification criteria that would ensure adequate criminal-law assessment of the actions of accomplices, exclude unfounded liability, and enhance the effectiveness of international cooperation in combating terrorism. The study is based on comparative legal, formal legal, and criminological methods. Norms of the Criminal Code of the Russian Federation, judicial practices, international acts, and doctrinal approaches of domestic and foreign researchers have been analyzed. As a result of the study, contradictions in judicial practices regarding the qualification of aiding have been identified. Deficiencies in legislative regulation have been established: the lack of clear criteria for distinguishing between general and special complicity and gaps in the assessment of indirect assistance. A comparative analysis of legal models (Russian, European, American) revealed the need for a balance between the effectiveness of criminal prosecution and the protection of citizens' rights. The results may be used in: the improvement of Article 205.1 of the Criminal Code of the Russian Federation; in law enforcement practices (development of methodological recommendations for investigative bodies and courts); in international cooperation to combat terrorism. As conclusions, specific measures for improving legislation have been proposed: 1) introduction of an exhaustive list of forms of aiding in the annotation to Article 205.1 of the Criminal Code of the Russian Federation; 2) differentiation of liability taking into account the degree of involvement; 3) harmonization with international standards.

The subject of this study is a comprehensive and in-depth analysis, systematization, and structured examination of the Russian Federation’s experience in investigating human trafficking crimes. The aim is to develop specific, well-grounded, and practically applicable recommendations tailored to the legal, institutional, and socio-cultural context of Vietnam. The research seeks to build a theoretical and practical foundation for improving the effectiveness and quality of investigations into transnational, complex, and highly latent crimes such as human trafficking, within the framework of international integration and digital transformation of criminal justice. The methodology is based on the dialectical-materialist approach, combined with comparative legal and systems analysis and statistical processing of data from Russia and Vietnam. The results show that Russia has developed a multi-level investigation system using interagency investigative teams (Article 492.1 of the Criminal Procedure Code) and a chain-based method (“recruitment – transport – reception – exploitation”). Russian law (Article 127.1 of the Criminal Code) offers a broader definition of trafficking than the Palermo Protocol, facilitating prosecution. Big Data and surveillance systems are actively applied within the “Safe City” program. Russia maintains international cooperation (CSTO, hotline with China), though it lacks a national coordination body. In Vietnam, the study identifies challenges such as the requirement to prove victim transfer, an age threshold of 16, insufficient investigator training, weak coordination, and inadequate victim protection. The novelty of the study lies in the first systematic comparison of two countries with similar legal traditions and in the proposed mechanism for adapting Russian investigative elements to the Vietnamese context. The findings may support the implementation of Vietnam’s Law on the Prevention and Combat of Human Trafficking, contributing to the creation of a modern, professional, and internationally oriented investigative system.

The article is dedicated to the mediation as one of the elements of restorative justice in criminal cases involving minors. The subject of the research is the social relations in the process of implementing mediation procedures in the investigation of crimes committed by minors. The aim is to develop proposals for the introduction of mediation in criminal proceedings concerning individuals who have not reached the age of majority. Based on statistical data, previously published scientific works, and analyzed judgments of general jurisdiction courts regarding minors, the author identifies one of the reasons for the spread of juvenile delinquency—insufficient parental or guardian supervision and a low level of upbringing. The author argues that due to their minority, this category of individuals who have committed socially dangerous acts should be subject to humane alternatives to criminal proceedings. According to the author, such an alternative is mediation. The article analyzes the legislation of the Kyrgyz Republic and the Republic of Kazakhstan in the area of applying mediation in criminal proceedings. The methodological basis consists of a comparative legal method, which allowed for the distinction of differences between the legislation of the Kyrgyz Republic and the Republic of Kazakhstan from Russian legislation in the regulation of mediation procedures, as well as a forecasting method, which was used to propose the implementation of mediation procedures in criminal proceedings involving minors who have broken the law. The novelty of the research lies in the proposal to use mediation procedures for criminal cases involving minors: for minor and medium severity crimes—as a basis for terminating the criminal case or criminal prosecution; for serious crimes—as a basis for exemption from criminal punishment; for particularly serious crimes in certain cases—as a basis for mitigating criminal punishment or replacing imprisonment with mandatory or corrective labor. According to the author, the application of restorative justice in juvenile justice considers the minor as a person, giving them a chance for rehabilitation, while they are held accountable for their actions, but with a deeper understanding of the harm caused, which will help them refrain from committing crimes in the future out of internal conviction rather than fear of punishment.

The significance of extradition is determined by its functions. Being enshrined in international legal acts and intergovernmental agreements, it characterizes the cooperation of countries in combating crime, restoring social justice, strengthening international legal order, and implementing the principle of inevitability of punishment for individuals who commit crimes in one state and then hide in the territory of another state. With its preventive potential, extradition exerts a deterrent effect and ensures the social rehabilitation of convicts. The study of extradition systems as one of the most important forms of international cooperation remains a relevant task for the harmonization and unification of international law and the development of a unified model for more effective development and implementation of extradition procedures, including the protection of human rights. In extradition, questions of the prohibition of the death penalty, as well as the prevention of discrimination, torture, and other cruel, inhuman, or degrading treatment or punishment, primarily arise. In preparing this study, the author used methods such as formal-legal, comparative, as well as methods of analysis, induction, and deduction. The rules prohibiting torture and other cruel, inhuman, or degrading forms of treatment or punishment are universal, non-derogable, and are enshrined not only in special international and national acts regulating extradition but also in international humanitarian law acts. The sufficiency of guarantees provided by the authority of a state with relevant powers according to national legislation, based on the meaning of international legal acts, should be recognized at a level that unconditionally testifies to the non-enforcement of the death sentence by the requesting state, if it has already been imposed, or the refusal of the court to impose the death penalty. The dialectical contradiction between providing legal assistance within the framework of intergovernmental cooperation in the fight against crime and ensuring human rights during extradition lies in the very nature of these institutions. The collision can be avoided by legislatively ensuring the compatibility of legal norms that form their legal basis, in which the states participating in the extradition procedure should be interested. When there is a threat to fundamental human rights, international institutions and national courts acknowledge the priority of human rights arising from international or intergovernmental human rights treaties.

The article examines one of the most significant qualifying features of murder – special cruelty, as specified in paragraph "d" of part 2 of Article 105 of the Criminal Code of the Russian Federation. The author analyzes the content of this feature, revealing the necessity of unity between the actual suffering of the victim and the conscious intention of the offender to cause a torturous death. Historical aspects of the formation of the category of cruelty in domestic criminal law are explored, as well as doctrinal approaches and the position of law enforcement regarding this definition. The author has analyzed case law related to the concept of special cruelty. It is emphasized that the absence of a clear legislative definition of "special cruelty" retains its evaluative characteristics, which requires special care in proving and judicial assessment. The article aims for a deeper understanding of the legal nature of this composition and contributes to ensuring uniformity in the application of criminal law. The scientific novelty of the research is expressed in a new perception of the term, a comprehensive analysis of existing doctrinal developments regarding the concept in question, and the determination of the place of this feature in the structure of the crime. The methodological basis of the research includes the dialectical method of cognition, as well as general scientific and specific scientific methods: analysis and synthesis, formal-logical, comparative-legal, systemic, and other research methods. As a result of the study, the author concluded that special cruelty as a qualifying feature of murder, as provided for in paragraph "d" of part 2 of Article 105 of the Criminal Code of the Russian Federation, occupies an important place in the system of criminal-legal assessment of the most severe crimes against life. Special cruelty is not just an evaluative characteristic but a legally significant feature that requires clear evidentiary understanding. Its correct application contributes to the assurance of legality, the individualization of punishment, and the protection of the rights of both victims and defendants, which ultimately strengthens trust in justice and reflects the human orientation of modern criminal law. In this regard, further study of this feature is an important task for the science of criminal law, as it will facilitate the correct application of criminal law norms.

The subject of the study is the essence of the philosophical category of causality in legal theory: the connection between the "cause" – socially dangerous acts and the "consequence" – socially dangerous outcomes in criminal law and forensic science. The article identifies situations related to gaps (lacunae) in causal relationships that exist during criminal investigations, i.e., the absence or violation of logical connections between cause and effect, which significantly complicates the investigation of the case. The legal nature of such gaps is associated with the lack of necessary objective information used for crime investigations. Causal gaps become particularly critical when the insufficiency of the evidence base prompts law enforcement agencies to resort to unlawful methods to fill the gaps, such as using subjective perceptions, prejudices, and stereotypes ("stigmas") regarding suspects, not based on objective facts, but on assumptions based on ideological, socio-cultural, religious, national-ethnic, and other stereotypes that have formed in a particular human society. The methodological basis of the research consists of methods such as comparative historical analysis, analysis and synthesis of scientific information, institutional methods, dialectical-materialistic methods, and others. The novelty of the material in the article lies in the study of the essence of the philosophical category of causality in legal theory: the connection between the "cause" – socially dangerous acts and the "consequence" – socially dangerous outcomes in criminal law and forensic science. During the research, it was found that there are many historical examples in forensic science related to filling gaps in crime investigations not based on objective facts but using social stigmatization, i.e., an artificial or formal set of evidence aimed at holding stigmatized individuals legally accountable. As a rule, law enforcement officers who carried out such actions were already aware that they were accusing innocent individuals of crimes. The motivation for such actions is varied: personal negative attitudes toward stigmatized individuals (former criminals, drug addicts, migrants, etc.); falsification of evidence regarding the commission of crimes against these individuals to improve performance metrics and, prospectively, lead to promotion, and so forth.

The article presents a study of the theoretical and practical aspects of the application of art. 300 of the Criminal Code of the Russian Federation. The subject of the study is a criminal law norm providing for liability for unlawful exemption from criminal liability. The purpose of the study is to analyze the corpus delicti provided for in Article 300 of the Criminal Code of the Russian Federation, identify existing inconsistencies and propose ways to eliminate them. The relevance of the study is due to the fact that the mechanism for protecting the interests of justice is ineffective in practice. In particular, this is due to the ambiguous definition by the legislator of the objective and subjective signs of a crime under Article 300 of the Criminal Code of the Russian Federation. The research methodology is represented by a set of general scientific and private scientific methods of cognition. The following general scientific methods of cognition are used: system-structural analysis, logical analysis of texts and judgments. The formal legal method is used as a private scientific method. The scientific novelty of the research is expressed in a comprehensive analysis of the corpus delicti provided for in Article 300 of the Criminal Code of the Russian Federation. Analyzing the objective signs of a crime, the author comes to the conclusion that the object of the crime is public relations, characterizing the activities of the prosecutor's office and the preliminary investigation to ensure the interests of the court, arising from the socio-legal purpose of justice. The subject of the crime is the decision to terminate the criminal case on the grounds specified in art. 24 of the Criminal Procedure Code of the Russian Federation. Considerable attention is paid to the problems of determining the objective side of the crime. Having analyzed the positions of scientists on this issue and the materials of criminal cases, the author points out that the release from criminal liability of a suspect or accused carried out in violation of the requirements of criminal law and criminal procedure legislation will be considered illegal. Regarding the subject of the crime, the author proposes to amend Article 300 of the Criminal Code of the Russian Federation, replacing the phrase "person conducting an inquiry" with the term "inquirer" used by the criminal procedure legislation.