Abstract: This article examines the criminal law nature of bullying and torture as qualifying elements of crimes against state power involving an attack on the life and health of an individual. The relevance of this work stems from recent amendments to criminal law (Federal Law No. 307-FZ of July 14, 2022) related to the introduction of a legal definition of torture in the note to Article 286 of the Criminal Code of the Russian Federation, a new qualified element of abuse of power—Part 4 of Article 286 of the Criminal Code of the Russian Federation—as well as ongoing theoretical debates and contradictions in judicial practice. The author critically analyzes the legislative construction of torture, pointing out a methodological error – the confusion within a single definition of objective (method), consequences (severe pain, suffering), and subjective (goals, motives). The article substantiates a proposal to amend the wording of the note, specifically replacing the disjunctive conjunction "or" between pain and suffering with a conjugating conjunction, which will allow severe pain to be considered an integral element of physical or mental suffering. Particular attention is paid to the distinction between torture and bullying: the author concludes that bullying is exclusively a psychological influence that degrades an individual's dignity and cannot include elements of physical violence. Based on an analysis of specific court decisions, practical criteria for distinguishing torture from other forms of violence are developed – based on the intensity and duration of unlawful actions (inactions), as well as the specific subject and purposes. The proposed approaches can be used by law enforcement to uniformly classify acts under Part 4 of Article 286 and Part 3 of Article 302 of the Russian Criminal Code.

Keywords: torture, abuse, officials, coercion to testify, abuse of power, severe pain, moral suffering, case law, qualification of crimes, criminal legislation

Abstract: This study examines the commencement of the three-year subjective (knowledge-based) limitation period for claims by the competent public authority to hold persons controlling the debtor subsidiarily liable outside bankruptcy proceedings after a bankruptcy petition is returned for lack of funds to finance the proceedings. It considers relevant legal relations, civil and bankruptcy law, case law, and scholarship on limitation of actions. Particular attention is paid to the actio nata rule and the distinction between accrual of the cause of action and the authority’s actual or constructive knowledge of the operative facts giving rise to the claim. It also addresses the authority’s ability to identify formally designated and concealed de facto controllers and evidence of when the authority learned of the tort’s constituent elements. The methodology combines doctrinal, systemic, and teleological methods with case-law analysis and synthesis to compare civil and bankruptcy legislation, scholarship, and judicial reasoning. The study’s original contribution lies in demonstrating the independent regulatory function of the three-year subjective limitation period. Current case law makes it difficult for controlling persons to raise the authority’s failure to sue in time as a limitations defense. The return of a bankruptcy petition for lack of funding makes the claim procedurally available but does not prove the authority’s knowledge of all operative facts establishing a specific controller’s liability. It proposes a differentiated approach to commencement based on the controller’s status, the nature of control, and information available to the Federal Tax Service of Russia. Actual or constructive knowledge must be established by evidence in each case, not solely by the date of the court order returning the petition. Finally, Article 204 of the Civil Code of the Russian Federation may be applied to account for time during which the bankruptcy petition was pending when calculating the subjective limitation period.

Keywords: limitation of actions, subjective limitation period, long-stop limitation period, commencement of limitation, actio nata, subsidiary liability, controlling person, bankruptcy, competent public authority, knowledge test

Abstract: The subject of the research is the material and procedural mechanisms for the protection of the rights of minors in civil proceedings related to child upbringing disputes. The object of the research is the social relations that arise during the consideration by general jurisdiction courts of cases on determining the child's place of residence, establishing the procedure for communication with a parent living separately, as well as on the deprivation and restriction of parental rights. The author examines such aspects of the topic as the procedural status of guardianship and custody authorities, the procedure for considering the opinion of the minor in court sessions, and the specifics of proving in certain categories of family disputes. Special attention is paid to the role of forensic psychological expertise as a means of establishing the child's genuine attachment and identifying facts of psychological inducement by one of the parents. The work analyzes enforcement problems associated with the formalism of guardianship and custody authority conclusions, the lack of a uniform approach to assessing the minor's will, and the appointment of scientifically unsound "psychological and pedagogical expertise." The methodological framework of the research includes general scientific methods of cognition, as well as specific scientific methods: formal legal, comparative legal, and systemic-structural analysis. The study employs an analysis of judicial practice and expert opinions. The main conclusions of the conducted research are as follows. Firstly, the necessity of legislative consolidation of a mandatory pre-trial mediation stage for disputes regarding the determination of a child's place of residence and the procedure for communication has been identified. Secondly, there is a need to introduce uniform qualification requirements for experts appointed in family disputes, which will help curb the practice of appointing scientifically unsound psychological and pedagogical expertise. The novelty of the research lies in the substantiation of proposals for delineating the procedural statuses of the guardianship and custody authority: it is proposed to consider it solely as an entity providing a conclusion on the case, rather than as a third party. Additionally, proposals have been formulated to improve the Civil Procedure Code of the Russian Federation and the Family Code of the Russian Federation, aimed at strengthening procedural guarantees for the rights of minors. The author’s special contribution to the research on this topic is the systematization of problems in the enforcement of laws in the area of child upbringing disputes and the development of specific legislative changes to address these issues.

Keywords: procedural features, child upbringing, guardianship authorities, child's opinion, judicial psychological expertise, deprivation of parental rights, restriction of parental rights, child's residence, family mediation, protection of minors' rights

Abstract: The subject of the study is the relationship between the concepts of "cultural heritage" and "cultural values" in the system of legal categories of international and national law. The aim of the work is to establish the ontological foundations and structural differences of these concepts, to define their interrelation, and to justify the necessity of differentiated legal regulation. The methodology of the study is based on a comprehensive application of formal-legal, comparative-legal, and historical-legal methods, supplemented by philosophical-legal analysis and elements of a phenomenological approach to cultural and legal phenomena. As a result of the work, it was proven that the concepts of "cultural heritage" and "cultural values" do not have a genus-species relationship but represent intersecting sets with various temporal structures, subjects of evaluation, and ontological foundations; the evolution of the conceptual content was traced from the property-legal approach of the 1954 Hague Convention through the teleological dimension of the 1972 UNESCO Convention to overcoming the materialistic paradigm in the 2003 Convention; a correlation was established between ontological differences and differentiation of legal regimes. The area of application of the results includes legislative techniques, improvement of legislation in the field of protection of cultural heritage and cultural values, law enforcement practice, and the development of theoretical foundations of legislation of the Russian Federation on culture. The scientific novelty lies in the fact that for the first time the concept of understanding cultural heritage and cultural values as legal concepts of a special kind, existing between norm and value, between what is and what ought to be, is justified; phenomenological jurisprudence of culture is proposed as a methodological basis for revealing invariant structures of cultural and legal reality. Conclusions: the conceptual dualism of the current legislation, which uses these concepts as interchangeable, requires revision; there is a need to develop an integrative theory of legal concepts in cultural law on a philosophical-legal foundation; the phenomenological approach is capable of overcoming the reductionism of positivism and ensuring adequate legal regulation of cultural and legal phenomena.

Keywords: cultural heritage, cultural values, legal positivism, axiology of law, international cultural law, phenomenology of law, conceptual framework, ontology of culture, legal conceptualization, intangible heritage

Abstract: The paper analyzes approaches to the correlation between subjective rights and process that were proposed after A. Vakh's discovery of the dualistic concept of the right to sue, which have not been the subject of analysis within domestic legal science. The author focuses on analyzing the arguments of supporters of the construction of the right to defense as a phenomenon that includes both private and public components. The paper identifies unexplored models of the relationship between subjective rights and the procedural form of their implementation and protection in domestic literature. The author examines a part of the doctrine of subjective rights, specifically the right to defense. Considering the complexity of the issue, the paper also addresses aspects related to the functions and features of civil procedure as a form of exercising subjective rights. Various methods were employed in writing the paper, including comparison, description, analysis, synthesis, as well as comparative legal and historical-legal methods. The main conclusions of the conducted research are as follows. The unification of private (subjective rights) and public (procedural rights) components within a single category is an unattainable task. Theories attempting to synthesize subjective rights and process inevitably lead to an increase in the role of the public component. Consequently, genuine legal reality begins to be constructed by civil procedure; in other words, private law starts to derive from public law. Within such a system, the procedural form begins to perform a function of granting rights that is not inherent to it, thus the norms of substantive law and, at the same time, subjective private rights cease to play a structuring role. For subjective civil rights, the procedural form acts as a special mechanism that ensures the exclusive and monopolistic nature of subjective rights.

Keywords: right of action, right to a defense, legal norm, substantive law, procedural law, subjective right, legal division, Judicial law, theory of imperatives, positivism

Abstract: The subject of the research is the objective and subjective criteria for determining the competence of arbitration courts of the Russian Federation, primarily enshrined in Article 27 of the Arbitration Procedure Code of the Russian Federation. The content of the objective criterion is examined through the categories of "economic dispute," "entrepreneurial activity," and "other economic activities," as well as the problem of the lack of comprehensive legal definitions. The significance of the composition of the participants in the disputed legal relationship and its role in specifying the economic nature of the dispute and ensuring legal certainty when choosing a competent court is analyzed. Special attention is given to the question of the admissibility of prioritizing one of the named criteria and justifying the necessity for their joint application. The doctrinal approaches, explanations from the Supreme Court of the Russian Federation, and judicial practice regarding the classification of specific categories of disputes under arbitration jurisdiction are also considered. The issue of the participation of citizens who do not have the status of individual entrepreneurs in disputes related to economic transactions is examined separately. The methodology of the research is based on formal-legal, systemic, and comparative-legal analysis of the norms of arbitration procedural legislation, doctrinal positions, explanations from the Supreme Court of the Russian Federation, and materials from judicial practice. The scientific novelty of the research lies in substantiating the mutually complementary nature of the objective and subjective criteria for the competence of arbitration courts and critiquing attempts to establish the unconditional priority of one of them. It is concluded that the objective criterion establishes the connection of the dispute with the sphere of economic transactions, while the subjective criterion specifies this connection, enhances legal certainty, and prevents excessive expansion of specialized jurisdiction. The categories "economic dispute" and "other economic activities" are proposed to be viewed as functional categories of procedural law, rather than universal material-legal concepts. It is substantiated that the property nature of a claim, the investment purpose, or the citizen's pursuit of income do not, in themselves, indicate the conduct of economic activity within the meaning of Article 27 of the Arbitration Procedure Code of the Russian Federation. It is concluded that exceptions to the general procedure for delineating competence, which imply consideration in arbitration courts of certain disputes involving citizens without entrepreneurial status, must be explicitly established by law and not formed through extensive judicial interpretation.

Keywords: competence of arbitration courts, economic dispute, other economic activities, entrepreneurial activity, Objective criteria, subjective criteria, judicial competence, delimitation of court competence, arbitration process, civil process

Abstract: The reservation of the immutable circumstances (clausula rebus sic stantibus) experienced a crisis throughout the 19th century. However, the crisis of the doctrine does not necessarily prove the obsolescence of the principle; it may indicate the existence of other institutions through which the balance of rights and duties of the parties is restored. The task of this work is to identify and analyze such institutions: the theory of money exchange rates and the implied condition, and their influence on the subsequent development of doctrines. Using Germany as an example, a state that enshrined the principle of nominalism by the early 20th century, it will be shown that changed circumstances, even during the crisis of the 19th-century doctrine, were taken into account through the theory of money exchange rates, while in other countries where the principle of nominalism was established much earlier, changes were considered through the fiction of the will of the parties in the contract without reference to clausula. Methodology and materials. Historical-legal and comparative-legal, functional methods were used. The study relies on domestic and foreign sources, judicial practice, and legislation from the 19th to early 20th centuries. In Germany, during the second half of the 19th century and until the transition to the gold standard, the theory of money exchange rates compensated for the lack of clausula in monetary obligations. After the legislative consolidation of the principle of nominalism, courts began to resort to the category of the implied will of the parties—a fiction that allowed for contract revision without formally violating pacta sunt servanda. It was this fiction, along with a dogmatic rejection of clausula, that predetermined the subsequent appeal to subjective-psychological constructions for building new doctrines (frustration in England and the doctrine of the foundation of the transaction in Germany). As a result, the criterion of the significance of changed circumstances turned out to be derived from the hypothetical will of the parties, which does not allow distinguishing between the legal condition and motivation and blurs the boundaries of the application of the institution. The principle of accounting for changing circumstances in the 19th century operated through the theory of money exchange rates and the fiction of will, which does not allow for a complete assertion of obsolescence. The subjective approach to the institutions regulating changes in circumstances in the 19th-20th centuries justified the very formation of doctrines, but it did not allow for an alternative content beyond the psychological. The conclusions presented in this work may be used to substantiate the content of doctrines and move away from subjective interpretations.

Keywords: basis of a transaction (Geschäftsgrundlage), stability clause, significant change of circumstances, implied term, principle of nominalism, exchange rate theory of money, the history of private law, error in motive, fiction of the will, contractual liability

Abstract: The author analyzes in detail the functioning of the method of protection by filing a claim against the manufacturer of goods in contemporary conditions, considering the peculiarities of the action of the Resolution of the Government of the Russian Federation dated March 29, 2022, No. 506 "On Goods (Groups of Goods) to Which Certain Provisions of the Civil Code of the Russian Federation on the Protection of Exclusive Rights to Results of Intellectual Activity Expressed in Such Goods and the Means of Individualization with Which Such Goods Are Marked Cannot Be Applied." The relevance of the problem is associated with the fact that recently consumers have increasingly been entering into sales contracts for goods that have been imported into the Russian Federation without the consent of the rights holder, who is the manufacturer of such goods according to consumer protection legislation. However, despite the fact that the non-application of certain provisions of the Civil Code of the Russian Federation regarding the protection of exclusive rights to results of intellectual activity expressed in such goods, and the means of individualization marking such goods, has been in place since 2022, no separate study has been conducted on the impact of this mechanism on the consumer's ability to file a claim for consumer rights protection against the manufacturer. This research conducts a formal-dogmatic analysis of the current legal norms regulating such a method of exercising the right to judicial protection as filing a claim against the manufacturer whose goods have been imported into the territory of the Russian Federation through the parallel import scheme. The main conclusions obtained within the framework of this research substantiate the thesis that the existing legislation lacks norms that hinder the implementation of the consumer's right to file a claim against the manufacturer of the goods, regardless of whether the Resolution of the Government of the Russian Federation dated March 29, 2022, No. 506 is applicable to such goods. An additional conclusion considers the reasoning that such a method of protection can be applied regardless of whether such a manufacturer was indicated in the contract, as the ability to file such a claim is justified by the existence of an imperative norm. The article also proposes a method for assessing the coordination of contractual conditions from its imitation for the purpose of abuse of rights by the stronger party.

Keywords: consumer, manufacturer, importer, defect, goods, consumer protection lawsuit, abuse of right, parallel import, right holder, contract of adhesion

Abstract: The article is devoted to the study of the procedural features of proving in family cases that affect the interests of children, taking into account the specifics of the relations regulated by family law. The influence of family law norms on the formation of the subject of proof is analysed, including in cases where the legislation contains evaluative and situational legal norms that necessitate the court to take into account the specific circumstances of the case. The role of judicial practice in determining the circumstances of legal significance in certain categories of family disputes is examined, as well as the problem of the permissible limits of judicial discretion in filling in the gaps in legal regulation. Special attention is paid to the distribution of the burden of proof, the role of presumptions enshrined in the sources of substantive law in distributing the burden of proof, and the specifics of collecting evidence in cases affecting the rights and interests of minors. In writing the article, the author examined both doctrinal positions on these issues and conducted an analysis of law enforcement practice. The necessity of taking into account the procedural status of the child as a vulnerable party, limited in its ability to independently exercise its procedural rights and protect its interests, is substantiated. Based on an analysis of legislation, scientific approaches, and judicial practice, the necessity of granting the court the right to request evidence on its own initiative in certain categories of family cases affecting the interests of children is substantiated. Criteria are proposed to limit such procedural activity of the court in order to maintain a balance between the principle of adversarial proceedings, the impartiality of the court, and the need for effective protection of the child’s rights. The results of the study can be used for further reform of legislation in the field of consideration and resolution of family law disputes, in particular disputes involving children, as well as for further research on this topic.

Keywords: family disputes, proof, subject matter of proof, burden of proof, judicial discretion, judicial activity, minor, vulnerable party, protection of children's rights, best interests of the child

Abstract: Subject of the study. Conflict regulation of the emergence and termination of property rights and other rights in rem over movable property in transit (cargo in transit) in Russian private international law, primarily the provisions of paragraphs 2-4 of Article 1206 of the Civil Code of the Russian Federation, their relationship with lex rei sitae, competition between real and obligational statutes, limits of party autonomy, as well as issues related to the transfer of risk of accidental loss and acquisitive prescription in the context of cross-border movement of goods. Method, methodology of the study. Comparative legal analysis of the provisions of Russian legislation and relevant norms of the civil codes of the post-Soviet states, doctrinal research of the positions of domestic and foreign authors, systematic interpretation of conflict norms considering the practice of the Supreme Court of the Russian Federation, as well as taking into account the modern features of international transportation (multimodality,Containerization, digitalization of transport documents). Novelty of the research, conclusions. It is shown that regarding cargo in transit, Russian legislation effectively prioritizes obligational statutes over real statutes, allowing the parties to choose the applicable law for the contract to resolve issues of the emergence and termination of rights in rem. The advisability of limiting such autonomy in terms of legal orders that have an objective connection with the contract or the route of the cargo (law of the country of departure, destination, or law applicable to the carriage contract) has been substantiated. The inadequacy of the current attachment to the law of the country where the property was located at the time of the expiration of the acquisitive prescription has been identified, specifically regarding items crossing multiple jurisdictions, and it has been proposed to introduce a rule on the continuity of possession periods taking into account good faith under each of the consecutively applied legal orders.

Keywords: cargo in transit, collision attachment, property rights, real rights, obligations statute, real statute, autonomy of will, acquisitive prescription, lex rei sitae, private international law

Abstract: Comfort letters are a common legal tool in established business practice. Such documents are used both in the ordinary activities of corporations and in extraordinary ones, the content of which for most organizations is transactions for the purchase and sale of shares and shares in the authorized capital. The subject of this study is the legal characterization of comfortable letters in pre-contractual relations of purchase and sale of shares of corporate participation of business entities. The object of the work was the legal relations that develop in a pre-contractual coolie relationship-the sale of shares and shares of a corporation as a result of sending a comfortable letter (comfortable letters). In the process of analyzing the stated topic, the author examines relevant doctrinal sources, the legislative framework, and the law enforcement practice of the Russian Federation and foreign countries, paying special attention to the analysis of domestic and foreign judicial practice. General scientific methods were used as methods of this research: analysis, deduction, induction, and special ones – the formal legal method, legal modeling, analysis of legislation, judicial and law enforcement practice. The methodology of the work was based on dialectical, materialistic and systemic approaches. The main conclusions of the study are: (1) the dualistic nature of comfortable letters in pre-contractual relations of purchase and sale of shares and shares of corporations is established, expressed in their possibility of generating these relations and maintaining; (2) it has been proven that comfortable letters in the relationship under consideration can be legally binding; (3) it is determined that a comfort letter is a personalized, documentary record of the will of the party who sent it, aimed at generating or maintaining a pre-contractual relationship for the purchase and sale of corporate shares. The scientific novelty of the work is to establish the legal nature of comfortable letters in the relationship under consideration, as legally binding under certain conditions, and the relationship of these documents with similar legal structures, such as guarantees about the characteristics of the stock or share being sold and assurances about the circumstances in relation to them.

Keywords: comfort letters, pre-contractual relations of purchase and sale, pre-contractual relations, purchase and sale of shares, purchase and sale of llc's share, Corporate law, judicial practice, analysis of legislation, risks, risk management

Abstract: This article presents a comparative legal study of the civil law regulation of national digital currencies – specifically Central Bank Digital Currencies (CBDCs) – in Russia, the USA, and the UAE. The study aims to identify the advantages and disadvantages of each legal regulatory model. The object of the study comprises CBDCs and the social relations arising from their issuance, circulation, and use in Russia, the USA, and the UAE. The subject of the study consists of the operational patterns of CBDCs as reflected in legal regulations and the underlying theoretical approaches. The article examines the concept of the digital ruble, its characteristics, and its place within the system of objects of civil rights. A comparative legal analysis of CBDCs in Russia, the UAE, and the USA is conducted based on the following criteria: civil law nature; relationship to digital currency (cryptocurrency); issuer status and circulation procedures; limits of state intervention; applicable mechanisms for protecting the rights of CBDC holders. The methodological framework relies on dialectical, comparative legal and formal-legal methods. Through a synthesis of current domestic legal norms, the article proposes a definition of the digital ruble as an object of civil rights and advocates a polylateral law-of-obligations approach to understanding its civil law nature. Finally, the study substantiates the need to consider the risks associated with the digital ruble's impact on the limits of party autonomy in civil commerce. Three models of national digital currencies – those of the USA, Russia, and the UAE – were analyzed, leading to the conclusion that a dichotomous model is the most optimal for ensuring legal certainty. To ensure legal certainty, it is recommended to explicitly establish by law that the legal remedies used for traditional cashless funds are applicable to national digital currencies.

Keywords: National digital currency, digital ruble, digital dollar, digital dirham, CBDC, civil law regulation, digital currency, cryptocurrency, transactions, civil circulation

Abstract: The subject of the study is modern doctrinal approaches and legal means that ensure the ecological component of sustainable development in the Arctic zone of the Russian Federation. The focus is on the content of the category "ecological vector" in relation to the strategic and regulatory framework for the development of the Arctic region. The relationship between this category and the concepts of ecologicalization, ecological safety, and environmental protection is considered, as well as an analysis of legal specification of environmental goals within the strategic planning system. Special attention is paid to how ecological guidelines are enshrined in legal obligations, procedures, restrictions, and control mechanisms. The applied analysis uses the Strategy for the Development of the Arctic Zone of the Russian Federation until 2035, allowing for an assessment of the consistency of the stated ecological goals with the mechanisms for their implementation and measurable outcomes. The methodological basis of the study includes formal-legal, systemic-structural, and comparative-legal methods, as well as an analysis of doctrinal sources, strategic documents, and judicial practice. The proposed criterion model was tested on the provisions of the Strategy for the Development of the Arctic Zone of the Russian Federation until 2035. The scientific novelty of the research lies in clarifying the content of the category "ecological vector" and differentiating it from ecologicalization, ecological safety, and environmental protection. A five-element model for assessing the legal support of the ecological vector is proposed, which includes subject matter clarity of protection, clarity of ecological limits, procedural inclusion of ecological requirements, intergenerational and temporal proportionality, as well as fulfillment and verification of results. The testing of the model on the Strategy for the Development of the Arctic Zone of the Russian Federation until 2035 showed that the mere enshrinement of ecological goals does not ensure their legal significance without subsequent specification in legal obligations, procedures, restrictions, control mechanisms, and measurable results. An additional reference to judicial practice regarding the oil spill case in Norilsk confirms the importance of functioning mechanisms for responsibility and compensation for environmental damage. It is concluded that the effectiveness of the ecological vector of sustainable development in the Arctic should be evaluated based on the degree of its normative and procedural support, rather than the volume of ecological rhetoric in strategic documents.

Keywords: Arctic, sustainable development, ecological vector, ecologicalization, environmental safety, environmental protection, strategic planning, ecological constraints, legal support, ecological vector of the Arctic

Abstract: The subject of the study is the body of international and national legal norms governing the legal status and legal regime of the Northern Sea Route, as well as relations in the sphere of navigation management, environmental safety, and the exercise of the jurisdictional powers of the Russian Federation in the Arctic. The study examines the provisions of the United Nations Convention on the Law of the Sea, including Article 234, the Merchant Shipping Code of the Russian Federation, legislation on internal maritime waters, the territorial sea, the contiguous zone and the exclusive economic zone, the Rules for Navigation in the Waters of the Northern Sea Route, the IMO Polar Code, as well as law enforcement practice relating to the permit-based navigation regime. Attention is paid to the relationship between the international legal status of the maritime areas comprising the Northern Sea Route and its characterization as a historically established national transport route of the Russian Federation, as well as to the limits of special environmentally motivated regulation of navigation. The methodological framework comprises formal legal, systemic and structural, comparative legal, historical legal and doctrinal methods applied to international and Russian legal norms, the legal nature of the Northern Sea Route and Article 234 of the United Nations Convention on the Law of the Sea, as well as analysis of law enforcement practice based on the register of navigation permits and materials of the Federal State Budgetary Institution “GlavSevmorput.” The scientific novelty lies in substantiating the legal nature of the Northern Sea Route as a comprehensive functional legal regime rather than an independent maritime zone. It is demonstrated that the Northern Sea Route encompasses maritime areas with different international legal statuses, upon which the Russian regime of navigation, safety, monitoring and marine environmental protection is superimposed. The significance of Article 234 of the United Nations Convention on the Law of the Sea as a legal basis for coastal State environmental jurisdiction is clarified, and the need to strengthen the environmental justification of the permit-based navigation regime is substantiated. The Northern Sea Route does not possess a unified territorial status under international law of the sea; however, it has a distinct legal nature as a historically established national transport route and a comprehensive functional legal regime. Special navigation measures must be non-discriminatory, environmentally justified and proportionate to relevant risks. To improve legislation, it is advisable to distinguish between the status of maritime areas and the navigation regime of the Northern Sea Route, and to link permits, icebreaker escort, digital monitoring and route changes to the environmental risk of a particular voyage.

Keywords: Northern Sea Route, legal status, legal regime, international law of the sea, environmental jurisdiction, Arctic navigation, national transport route, environmental safety, navigation permit regime, Arctic

Abstract: The article is devoted to analyzing the issues of legal regulation of the mechanism for implementing the Doctrine of Food Security of the Russian Federation. The author views food security as an integral part of the national security of the state under conditions of unprecedented sanctions. The main focus is on a critical analysis of the current definition of the term "food security," enshrined in the Decree of the President of the Russian Federation dated January 21, 2020, No. 20. The institutional structure of food security is explored, encompassing political, social, economic, demographic, and environmental aspects. Special attention is given to comparing the Russian Doctrine with a similar document from the Republic of Belarus, which employs a three-level system of self-sufficiency in agricultural products. The article analyzes national interests in the field of food security, including soil protection issues, restoration of the fertility of agricultural land, and its involvement in circulation. The author also addresses gaps in legal regulation related to the production of fertilizers, pesticides, and agrochemicals, which are not reflected in the Doctrine despite their key importance for agricultural development. The research employs formal-legal methods, comparative legal analysis, a systemic approach, and a critical analysis of normative legal acts. Works by Russian and foreign scholars in the field of food security are utilized. The scientific novelty of the study lies in the proposal to introduce a three-level system of security (critical, insufficient, and optimistic levels) into the Russian Doctrine of Food Security, while maintaining threshold values in percentage terms. Such a hybrid model would allow for the creation of a warning mechanism to respond to emerging threats and avoid "shock measures." The author substantiates the need for the development and adoption of a Federal Law "On the Implementation of the Doctrine of Food Security of the Russian Federation," which should contain specific legal mechanisms for the implementation of the Doctrine's provisions. The law should define the powers of public authorities, monitoring mechanisms for the agro-industrial complex, and grounds and forms of responsibility for violations in this area. The author also suggests considering the culture of rational and healthy nutrition for the population, food education from childhood, and the preservation of the food traditions of the peoples of Russia in the legal regulation. The improvement of legal regulation should shift from strategic goal-setting to the formation of a comprehensive legal mechanism that allows for timely adaptation to risks of various kinds.

Keywords: food security, Food Security Doctrine, production, chemical means of protection, national interests, agricultural producer, agricultural commodity producer, critical, sovereignty, food independence

Abstract: The article examines the current state of the doctrine of abuse of procedural rights in light of relevant judicial practice concerning civil, arbitration, and administrative cases. The subject of analysis is the approaches developed by law enforcement agencies for identifying, proving, and preventing abuses of procedural rights, as well as certain problematic aspects of this activity: distinguishing abuse from lawful exercise of procedural rights, assessing the subjective side of the behavior of process participants, distribution of the burden of proof, and determining the limits of permissible procedural activity of the court. Special attention is given to the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, specific examples of judicial acts, as well as emerging trends in judicial practice, including the doctrine of procedural estoppel and the theory of procedural risk as means of responding to unscrupulous procedural behavior. The methodological foundation consists of general scientific methods of analysis and synthesis, as well as formal-legal, systemic-structural, and logical methods. The empirical basis includes materials from judicial practice, legal positions of the Constitutional Court of the Russian Federation, and explanations by the Supreme Court of the Russian Federation. The scientific novelty lies in the interpretation of the doctrine of abuse of procedural rights through the prism of its development specifically at the level of judicial practice, which serves as the main source for identifying new forms of unscrupulous behavior. It is substantiated that traditional views on the methods of identifying and preventing abuses require further clarification in light of the real needs of law enforcement. A trend towards differentiated distribution of the burden of proof has been identified, and the necessity for developing criteria that distinguish cases of identifying abuse on the initiative of the court and on the initiative of the parties is justified. The thesis is argued that references to abuse require particularly detailed reasoning in judicial acts. It is concluded that counteracting abuses should not be limited to expanding the system of penalties; rather, more promising are means aimed at preventing and neutralizing the consequences of unscrupulous behavior.

Keywords: abuse of procedural rights, civil procedure, judicial practice, principle of good faith, active role of the court, proving, procedural liability, procedural estoppel, procedural risk, measures of procedural coercion

Abstract: The subject of the study is the administrative legal criteria that determine the admissible model of the technological exercise of a public authority power, and the typology of powers built on these criteria. The article examines the formalizability of legally significant actions, the discretionary element of a power, the individualization requirement in needs assessment, the statutory requirements for the form of the exercise of a power, and the risk-based approach in control and supervisory activities. Particular attention is paid to the limits of automation that apply even to bound competence, including agentic artificial intelligence systems. The normative and empirical basis covers legislation and the practice of social protection and social security bodies. The methodology rests on the formal legal and legal dogmatic methods, the systemic approach and legal modelling; statistical processing of departmental reporting and the analysis of judicial practice of courts of general jurisdiction and commercial courts were applied. The article develops a system of four criteria for the admissibility of the technological exercise of a power: the formalizability of legally significant actions, the discretionary element, the individualization requirement, and the statutory requirements for the form of exercise; the rule of their cumulative application is substantiated, each criterion being derived from one of the properties of the administrative legal invariant of a power. Discretion and the individualization requirement are shown to be independent legal, rather than technical, limits of automation that operate even under bound competence. A typology of powers of determinate, partially evaluative and evaluative content is built, remaining stable across changes of technologies, including agentic artificial intelligence systems. The results are applicable to determining the admissible level of automation of specific powers and to designing the procedures for their exercise in the automatic and proactive modes in the sphere of social protection and social security.

Keywords: automation admissibility, administrative discretion, individualization, formalizability, typology of powers, risk-based approach, risk indicators, proactive granting, medico-social expertise, agentic AI systems

Abstract: The article examines the signs that differentiate criminal liability for involving minors in the commission of crimes and other antisocial actions. The subject of analysis includes qualifying signs that reflect both qualitative and quantitative changes in the degree of social danger of the act: a special subject, the use of information and telecommunications networks (including the Internet), the application of violence or threats of its application, multiple victims, the minor age of the victim, involvement in a criminal group, the commission of a serious or especially serious crime or several crimes, as well as an extremist motive. Special attention is given to the innovations of Federal Law No. 514-FZ of December 28, 2024, the ambiguity of legislative formulations of several signs, and the difficulties in law enforcement and established judicial approaches to their interpretation that arise from this. The methodological framework consists of a formal-legal method used in the analysis of the constructions of qualified compositions, as well as a systemic-structural and logical methods; the empirical basis comprises materials from judicial practice and explanations from the Plenary Session of the Supreme Court of the Russian Federation. The scientific novelty lies in the comprehensive analysis of the updated system of differentiating signs, taking into account the changes of 2024. It is substantiated that the differentiating significance of using the Internet is related not to the mere fact of employing a technical means but to the scalability and latent nature of the involving behavior, and therefore it is proposed to limit this sign to cases of functional use of the network for establishing contact and searching for the victim. It is argued that the criterion for attributing the sign of multiple victims is the unity of intent and motive of the offender. The need for a legal definition of the concept of "criminal group" and the normative differentiation of signs of involvement in a serious crime and in multiple crimes, as based on different criteria, is justified. The conclusion is made that the ambiguity of the formulations of several signs requires legislative specification, systematization, and uniform judicial interpretation.

Keywords: differentiation of criminal liability, involvement, minors, involvement of minors, differentiating features, aggravating elements, aggravated corpus delicti, crime, antisocial act, use of a minor