Gaps in Russian Legislation
Peer-review research journal issued 7 times a year.
Publisher
Editor-in-chief
- Vladimir Vs. Chistyakov, Professor, Publishing House «Yur-VAK», Moscow, Russian Federation
About
The editorial policy of the Publishing House «Yur-VAK» is based on the principles formulated by the Committee on Publication Ethics and complies with the Code of Ethics for Scientific Publications of non-profit organization «Committee on the Ethics of Scientific Publications». All articles published in the journal undergo double peer review, and are also checked by the Anti-Plagiarism program at the RSCI and RSL bases. Detailed review rules are presented on the website of the Publishing House «Yur-VAK» www.urvak.ru.
The journal publishes peer-reviewed scientific articles on the following scientific specialty:
- Jurisprudence
The journal is published with the participation of:
- Lomonosov Moscow State University
- Russian Presidential Academy of National Economy and Public Administration (RANEPA)
- Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia
- Financial University under the Government of the Russian Federation
Indexation
In accordance with the decision of the Presidium of the Higher Attestation Commission of the Ministry of Education and Science of Russia dated 12.28.2018, the journal «GAPS IN RUSSIAN LEGISLATION» is included in the List of leading peer-reviewed scientific journals and publications in which the main scientific results of dissertations for the degree of candidate and doctor of sciences should be published (http://vak.ed.gov.ru/).
- Russian Science Citation Index (RSCI)
- East View Information Services
- Ulrichsweb Global Periodicals Directory
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- Dimensions
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Edição corrente
Volume 18, Nº 5 (2025)
Theoretical and Historical Legal Sciences
Problems of interpretation of legal norms: doctrinal approaches and implementation
Resumo
The purpose of the research. The article is devoted to the study of the concept, essence of the interpretation of legal norms at the modern stage of the development of law, as well as modern problems of the interpretation of legal norms and possible ways to resolve them. Doctrinal approaches to determining the interpretation of legal norms are presented. Approaches to possible ways to solve problems of interpretation of legal norms are being studied. The purpose of the study is to study the problems of reimplementation of the interpretation of legal norms in the Russian Federation. The article uses dialectical, formal-legal, logical, comparative-legal and other methods of cognition. Results. The interpretation of law is considered as one of the options for social knowledge, which includes the process of studying, understanding the will of the law-making body, studying the results of its activities, in the form of a legal norm. The interpretation of law is a process of elucidating and explaining the content of various legal rules, their meaning and application in specific situations. This process is necessary in order to form clarity and unambiguity of legal norms and regulations, since regulations can sometimes be formulated ambiguously. Determining the legal nature of the interpretation of legal norms, it must be stated that this is not a process of forming new norms, but only a process aimed at explaining the pony of existing ones, the goals of correct application. The need for interpretation activities is associated with the presence of ambiguous formulations in legislative acts, which leads to a different, and sometimes directly opposite, understanding of them by state authorities and citizens. As a result, the same legal norms are implemented differently, which leads to numerous disputes and judicial collisions. The interpretation of the norms of law at the present stage of development of the Russian state should serve the purpose of a correct, accurate and uniform understanding and application of the law. It should prevent any attempt to distort the accuracy of the meaning of the rule of law, which is actually a hidden form of modification of a normative legal act. The legal system of modern Russia has faced serious challenges. The need to reform law is dictated by the ability to regulate and protect the interests of the state and citizens, information, assets, finances, intellectual property, secrets and secrets. This is not only a task of sectoral legal science, it is a common task of theorists and practitioners.
11-18
Public Law (State Law) Sciences
Evolution of the system of consultative (advisory) bodies under the President of the Russian Federation
Resumo
The purpose of the research. The work focuses on the study of evolutionary processes that affected the system of consultative (advisory) bodies operating under the President of the Russian Federation. The study examines the historical determinacy of the formation of these bodies, and also provides an analytical assessment of their functional structure and role during the formation of the institution of the presidency in Russia. Particular attention is paid to identifying the specific characteristics inherent in consultative (advisory) bodies in the early stages of their development. The transformation and abolition of consultative (advisory) structures also occupy an important place in the study, since changes in the political situation often lead to the need to revise existing institutions of power.
Results. The study concluded that in the context of globalization and rapid development of information technology, the role of consultative (advisory) structures is becoming increasingly important, as they contribute to the adaptation of public policy to modern challenges and requirements. It was found that consultative (advisory) bodies not only contribute to more effective governance, but also serve as a channel for taking into account the opinion of civil society, which in turn increases the legitimacy of power. There is also an obvious need to improve the efficiency of the system of consultative (advisory) bodies, in particular, improving feedback between government bodies and all participants in the process could significantly increase the level of implementation of the proposed initiatives. In this regard, the creation of open platforms on which the results of the work of consultative (advisory) bodies will be discussed, as well as recommendations for their optimization will be developed, can become an important stage in their subsequent evolution.
19-24
Legal foundations of digital sovereignty in the Russian Federation
Resumo
The relevance of digital sovereignty is driven by challenges in the field of national information security, trends in global digital policy, and the growing competition among states in cyberspace. The aim of the study is to analyze and systematize the legal framework of digital sovereignty in the Russian Federation. The study analyzes key normative legal acts that form the basis of national digital sovereignty (including Federal Laws No. 242, No. 187, No. 90, etc.). Special attention is given to strategic documents, including the Information Security Doctrine and the National Security Strategy of the Russian Federation, which define state policy in this area. The study examines the practice of implementing these measures and identifies the main challenges, among which are increased Internet censorship, fragmentation of the Internet along national borders, and a persistent technological dependence on foreign technologies that hinders the achievement of digital independence. Additionally, the study evaluates the prospects for the development of legal regulation in light of the rapid development of new technologies (artificial intelligence, the Internet of Things, 5G/6G networks), which bring new challenges and require updating legislation to ensure digital sovereignty. Overall, the need to achieve an optimal balance between strengthening national digital security and preserving freedom in the digital space is emphasized.
25-34
The influence of public authorities on the activities of the notary community
Resumo
The article is devoted to the analysis of the notary's public legal status and the specifics of delegating the powers of public authority to notary chambers within the framework of the current legal regulation. The ambivalent nature of the notary is considered, combining private law functions and public control over compliance with legislation in notary activities. The author examines the functions of the Federal Notary Chamber and notary chambers of the subjects of the Russian Federation, including monitoring the observance of professional standards by notaries, organizing a liability insurance system, managing a compensation fund, and ensuring transparency and accessibility of information about the notary's activities. The paper emphasizes the importance of a balanced combination of government measures and corporate self-government of the notary community for the effective protection of the rights and legitimate interests of citizens and legal entities. The author comes to the conclusion about the tendency of redistribution of powers in favor of the state while maintaining the key role of the notary community and the need for harmonious interaction of public and private interests in the field of notary.
35-43
Directions for the development of international cooperation between law enforcement agencies in the investigation of economic crimes
Resumo
Current trends show that economic crime is becoming more complex and cross-border, which creates new challenges for law enforcement agencies of various states and necessitates their coordination. Currently, the number of economic crimes that are characterized by a transnational nature is also increasing, and there is a constant development and introduction of modern digital technologies, which requires closer attention to expanding international cooperation and searching for new forms of interaction between law enforcement agencies. The study of the reasons hindering the development of international law enforcement cooperation, the analysis of existing forms of interstate cooperation, the study of international legal documents, the identification of their gaps and the identification of opportunities for improving the effectiveness of interstate cooperation substantiates the particular relevance of the chosen topic. The purpose of this scientific article is to find effective ways to organize international and intergovernmental cooperation in the investigation of economic crimes that have a sign of cross-border. The author comes to the conclusion that in order to increase the effectiveness of the investigation of transnational economic crimes, it is necessary to create a set of international standards, including legal, organizational, technical, informational, organizational, operational, and ethical methods of counteraction.
44-51
On the creation of a code of customary law for the indigenous peoples of the North
Resumo
The right to take into account the customs and traditions of the indigenous peoples of the North (hereinafter referred to as the IPN) in legal proceedings (criminal, civil, and administrative) involving the IPN is a crucial element of the institution of protection of their rights and traditional way of life, as well as their ancestral habitat. However, this exclusive right of the IPN is rarely exercised, as their knowledge of customary law is fragmented and has not been extensively studied. The article outlines certain aspects of the theoretical and methodological foundations of the systematization of the customary law of the indigenous peoples of the North, mainly on the example of the Khanty and Mansi peoples, which will significantly improve their legal protection. The article provides information about the structure and content of the Code, as well as a number of methodological recommendations for its application. The article uses materials from interviews with representatives of indigenous peoples leading a traditional lifestyle, as well as lawyers involved in protecting the rights of indigenous peoples in the Kamchatka and Krasnoyarsk Territories, the Nenets Autonomous District, and the Irkutsk Region.
52-57
Private Law (Civil) Sciences
Towards the development of "strong" artificial intelligence in Russia and abroad: some elements of strategies and legal framework
Resumo
Artificial intelligence (AI), technologies, systems, and algorithms, especially “strong” AI, which will provide undeniable advantages to those who develop it first and enlist its support, are con-stantly developing. They bring a duality into our lives - benefits and potential harm. Therefore, it is necessary and timely to discuss strategies for the battle over AI in the Russian Federation, China, the United States, and the European Union, as well as the prospects for AI development. The author approaches the problem from an objective-subjective perspective, assuming that AI emerges through objective reality and human development. Scientific novelty, theoretical, and practical significance are determined by the aim of the research and the range of issues studied. As a result, the author concludes that there are several contradictions - cultural and geopolitical - between the considered approaches of the PRC and the USA, where the USA blocks the export of AI to the US adversaries (China, Russia) and China uses WAIC to create a cross-cultural dialogue under the auspices of global solidarity in the field of AI. On the other hand, the EU be-comes an object of criticism for its attempts to become an “ethics arbitrator” entity based on regulatory framework, but it is itself dependent on American and Chinese digital platforms with-out having its own. This could lead to a split between the technological ecosystems of the US (as well as EU) and China, based on parallel standards - American, “ideologically neutral AI” versus Chinese human-oriented AI addressing to all interested parties.
58-66
On paid and gratuitous crowdfunding and the need for legal regulation of gratuitous crowdfunding using digital platforms in Russia
Resumo
The article examines the current state of legal regulation of crowdfunding in Russia. Despite some decline in activity in 2025, commercial crowdfunding (mainly investment) continues to be the main method of alternative project financing and is quite actively used by Russian and foreign investors. The author of the article focuses on the special legislative regulation in Russia of only paid (investment) crowdfunding. Unlike investment crowdfunding, activities in the field of non-commercial (gratuitous) crowdfunding remain without special legislative regulation, which requires the development of appropriate approaches taking into account the specifics of legal relations in the information and telecommunications network "Internet". The author pays attention to the legal aspects of gratuitous crowdfunding, which can be qualified through a gift agreement and an agreement on the donation of property or property rights. A distinction is made between a donation and a charitable donation. It is concluded that a charitable donation cannot be included in gratuitous crowdfunding due to the possibility of making a charitable donation on a reimbursable basis, including on preferential terms.
67-72
Data access models for training systems that support natural language dialogue (AI chatbots based on LLM) as a key element in the development of artificial intelligence in Russia and abroad: legal aspects
Resumo
Artificial intelligence (AI) technologies, systems, and algorithms are rapidly developing in Russia as well as abroad. The issue of data for training systems that support natural language dialogue (LLM-based chatbots) is becoming increasingly important from the perspective of access to them and compared to the approaches of countries like the USA and China and their unions like the European Union that are developing artificial intelligence parallel to Russia in the direction of obtaining "strong" AI. This study also helps better understand Russia's position in ratings assessing the level of development of artificial intelligence relations. When considering this issue, the author assumes an objective-subjective approach to the world and assumes the emergence of AI as a part of objective reality and a natural process of human development, relying on dialectics. The scientific novelty and theoretical and practical significance are determined by the purpose of the research, the range of sources, and the problems studied. Among the conclusions reached by the author, for example, are the following: under conditions where data is becoming (or has already become) a new oil, it is necessary 1—to overcome the bottlenecks of the new economic system—the data economy - and the onset of "digital feudalism"—a situation in which basic resources and access to them are controlled by a limited number of digital platforms (private or public), which do not provide access to businesses, 2—to spread regional initiatives (for example, the Experimental Legal Regime (ELR) of Moscow, or the Data Lakes of industrial enterprises in the Republic of Tatarstan, Russian Federation, or the ELR in Shanghai) to other entities and/or regions. Because regional "Lakes" are useless without federal integration, 3—provide businesses with the free access to anonymized data from housing, transportation, public procurement, and other areas. This can be achieved by creating a mechanism to monetize data for businesses (for example, a national data market similar to Microsoft Azure, where businesses can exchange data for tax benefits, could be created).
73-87
Criminal Law Sciences
Detecting crimes in the it sector: historical and legal issues and solutions through operational investigative activities
Resumo
The presented study highlights a range of current issues related to the investigation of crimes in the field of information technology, and analyzes the potential for resolving these issues through the use of operational investigative tools. The authors analyze the typology of cybercrimes, focusing on their specific characteristics and the challenges that arise during their investigation.
Significant attention is given to the historical and legal analysis of the genesis of the legislative and organizational frameworks for countering illegal activities carried out using information and communication technologies in the Russian Federation.
The paper argues for the need to improve legal regulation, intensify interdepartmental and international cooperation, increase the technical competence of employees, and integrate modern analytical and digital solutions into practice.
The article's materials are of scientific and practical interest to specialists in the fields of criminal law, operational investigative activities, digital forensics, and information security.
88-96
Blurring the boundaries of the real social danger of an act in the process of interpretation and application of criminal law norms (using the example of the elements of a crime provided for in article 110² of the Criminal Code of the Russian Federation)
Resumo
The purpose of the stated study is to confirm the hypothesis according to which, as a result of incorrect grammatical and systematic interpretation of the elements of the crime provided for in Article 110² of the Criminal Code of the Russian Federation, the law enforcement officer allows the reduction of the concept of "organization of activities", which leads to the blurring of the boundaries of the real social danger of the qualified acts. The verification of the hypothesis presented by the author is carried out on the basis of the analysis of the materials of the criminal case on charges of committing a crime provided for in Part 2 of Article 110² of the Criminal Code of the Russian Federation, judicial practice, and official statistics. In conclusion, it is noted that as a result of errors that are made in the process of grammatical and systematic interpretation of the elements of the crime provided for in Article 110² of the Criminal Code of the Russian Federation, the real social danger of the qualifying acts is blurred, which, in turn, hinders the implementation of criminal policy in the sphere of combating crimes related to incitement, inducement, assistance in committing suicide, as well as with the organization of activities aimed at inciting to commit suicide.
97-102
Some aspects of criminological characteristics of the personality of participants in organized crime
Resumo
Objective. To analyze the criminological characteristics of the personality of participants in organized crime.
Conclusions. The study of the personality of participants in organized crime is of particular importance for determining their role in a criminal organization and the degree of responsibility for their actions; The process of changes in organized crime has affected not only the specifics of the crimes committed, but has also reduced the age of participants; Women have become actively involved, and in some cases, even act as organizers of criminal groups; The level of education of participants in organized crime is higher than that of persons committing ordinary crimes; Most of the working participants are either active members of the criminal community or its organizers or leaders; The marital status of participants in organized crime is characterized by the fact that more than one third of them have never been married, approximately 25 % are divorced; Most often, criminal groups operate in the cities where they live; The leading motivation for criminal activity among organized criminals is self-interest; the leader of an organized group or criminal community is a strong, charismatic personality, he must have criminal experience, be able to find a way out of various situations, make decisions, be calculating, cold-blooded, tough; leaders of criminal groups are most often 35–40 years old; leaders of criminal groups prone to violent crimes are often agressive, cruel, can use violence unnecessarily, are resourceful, cunning, lack empathy; the personal characteristics of the leader are essential for the nature of the criminal group's activities, its stability.
103-108
Criminal-legal aspects of combating corporate raiding in the context of modern criminal policy in Russia
Resumo
The article is devoted to the current problem of developing and implementing an effective criminal policy in the field of combating corporate raiding in the Russian Federation. The article analyzes many years of experience in developing criminal policy in the country through the prism of scientific research by leading Russian experts in the field of criminal law and procedure, including A.I. Aleksandrov, M.M. Babaev, Yu.A. Voronin, I.Ya. Kozachenko, G.Yu. Lesnikov, A.V. Mayorov, A.I. Korobeev, M.P. Kleymenov, A.V. Naumov, A.I. Rarog, V.P. Salnikov and others. The central emphasis of the work is on the economic security of the state, emphasized by the works of such researchers as Yu.V. Truntsevsky, who defines the key elements of criminal policy, including the legal framework regulating the activities of both economic entities and law enforcement agencies.
114-121
Characteristics of the criminological portrait of a sexual offender
Resumo
The subject of this article is issues related to the identification of criminological and psychological characteristics, which, in turn, form a criminological portrait of a sex offender.
The purpose of the article is to study the identity of the criminal, which is of particular interest to criminologists. The relevance of the work lies in the fact that sexual crimes do not tend to decrease in their number, they are still committed, mainly by people under the age of 40, that is, by such a social category as youth. The concept of a criminal personality is understood as an individual form of expression of social processes and phenomena of an illegal nature.
The article reveals the social factors and the influence of unfavorable conditions within which a personality was formed and socialized. The mental state of criminals who commit such attacks is under the influence of prohibited substances and alcohol. They are often prone to alcohol consumption from an early age, which affects the level of aggression and can manifest itself in threats, beatings, insults and subsequent attacks on the victim of the crime.
109-113
Structure and typology of corruption schemes in the field of education
Resumo
Objective—identifying the pattern of corruption schemes in the field of education, determining them, and formulating proposals for suppressing corruption crimes.
Methodology. The study was conducted using various methods, including the study of investigative and judicial practice, the analysis and generalization of criminal case materials, and sociological surveys among certain population groups.
Results. Corruption schemes in the education system have irreparable shortcomings, severe consequences, and undermine the authority of educational institutions, negatively affecting the quality of socialization of the younger generation. The diversity of corruption schemes requires flexibility in taking effective measures to prevent such manipulations. An effective fight against corruption will contribute to ensuring transparency, openness, and accessibility of education, increasing public trust in educational institutions.
122-129
Legal and technical defects and issues of systematization of the norms of Chapter 22 of the Criminal Code of the Russian Federation
Resumo
This article is devoted to a comprehensive study of the problems of systematization of the norms of Chapter 22 of the Criminal Code of the Russian Federation ("Crimes in the Sphere of Economic Activity") in the context of the intensive transformation of economic relations and criminal legislation at the turn of the 20th and 21st centuries. The purpose of the work is to identify key legal and technical defects in the structure of the chapter and to develop scientifically substantiated principles for its organization that ensure the logical integrity and effectiveness of criminal-legal protection of the economy. The study is based on the analysis of the evolution of the chapter, which has doubled over the past three decades (from 32 articles in the 1996 edition to 61 current articles in 2025) due to the criminalization of new forms of economic crimes caused by technological progress and the diversification of economic processes. The main findings of the study indicate a deep structural and systemic heterogeneity of Chapter 22 of the Criminal Code of the Russian Federation. Firstly, the absence of a single criterion for grouping articles was revealed, which led to the inclusion of norms that do not correspond to its generic object. Secondly, gross violations of legal technique were diagnosed, including: violation of the principle of uniqueness of the main object of protection in Article 183 of the Criminal Code of the Russian Federation; the presence of “dead” norms that are practically not used in judicial practice; casuistry and excessive detailing of dispositions; disproportionate sanctions; chaotic presentation of qualifying features along the “vertical”.
130-136
International Legal Sciences
Features of the administrative procedure for appealing decisions, actions (inaction) of customs authorities of the Russian Federation in the conditions of digitalization
Resumo
The ability to challenge decisions, actions or omissions of customs authorities is a key aspect of the system of protection of the rights of both individuals and legal entities in their interaction with government agencies.
Objective. to analyze the statistical and substantive characteristics of administrative and judicial appeal procedures in the customs area in the context of digitalization.
Methodological basis: in the process of the research a comprehensive approach was used, including comparative analysis, system analysis, formal-logical analysis, institutional analysis, as well as the study of specialized literature and legislative acts.
Results. The institution of grievance is the subject of active research in the framework of analyzing the interaction between government agencies and the business community, as well as between the state and individual citizens. This research is particularly relevant due to the development of digital technologies in public administration and public service delivery.
Conclusions. based on the law enforcement practice of the customs authorities of the Russian Federation in the development of pre-trial appeals, the author concludes that the pre-trial method of dispute resolution has a number of undeniable advantages in the digital environment. Its speed, accessibility and relatively low costs make it an attractive alternative to litigation. The digitalization of administrative appeals processes makes it possible to significantly reduce the time for reviewing complaints, simplify the procedure for filing and tracking them, and ensure greater transparency and objectivity in decision-making.
137-142
Large language models in legal practice
A comparative analysis of the performance of large, older-generation language models in solving legal problems of varying complexity
Resumo
This article presents a comparative analysis of the performance of seven major language models (Perplexity Sonar, Claude 4.0 Sonnet, OpenAI GPT-4.1, Gemini 2.5 Pro, Grok 3, DeepSeek v3, and Qwen3-235B-A22B) in solving 25 legal problems of five difficulty levels, developed based on the Family and Civil Codes of the Russian Federation. An automated system based on Claude 4.0 Sonnet was used to evaluate the quality of the answers, serving as an "examiner" and assigning scores on a ten-point scale with brief explanations. The main metrics of the experiment were the mean score, total token consumption (Token Usage), the economic cost of running all questions (Cost per Experiment), and the efficiency ratio (quality to cost ratio). A comparative analysis of monolithic models revealed that GPT-4.1 and Gemini 2.5 Pro lead in average performance, particularly on simple and conflict-based tasks, while the average level of complexity (a combination of norms) remained the most challenging for all models. Economic calculations confirmed that when scaling legal AI systems, it is critical to consider the balance between speed, accuracy, and generation cost. The results of the study allow for the development of practical recommendations for selecting architectures and models for corporate and government applications in legal consulting.
143-150

