Gaps in Russian Legislation

The purpose of the study. This article examines the scientific problem of the relationship between the concepts of the theory of tort law and the concept of "legal fact". The theory of tort obligations, which was formed in the bosom of Roman law, paid more attention to the elaboration of issues of legal protection of violated rights of the parties, while the concept of "tort" has not yet been finalized. Turning to the origins of the origin of this Latin word, it should be noted another important and forgotten meaning of "mistake", and not just a misdemeanor or offense. This understanding most accurately reflects the essence of tort in civil law. An incorrect action or thought is an error in the interpretation of modern dictionaries. Introduced into scientific circulation by the Dutch lawyer Hugo Grotius, the concept of general tort has transformed into the legislation of the world. It is also contained in art. 1064 of the Civil Code of the Russian Federation. It should be noted that the general tort itself includes in its content a whole range of legal facts that are both civil law torts and generate torts. The article discusses the issues of understanding a legal fact as a legal situation reflected in law. Conclusions. Thus, the described approach is successful. It is proposed to classify the legal facts arising in sensitive civil law relations, depending on the presence of damage, and also the chain-sequence of generation of legal facts in tort law is derived.

The purpose of the research. In modern society, such a social phenomenon as digital educational platforms is gaining a significant place. In Russia, two social trends can be identified in the field under consideration: on the one hand, online training («motivational») courses are being distributed from individuals and, in particular, bloggers, who are negatively assessed in society both from the perspective of ethical norms and from the perspective of law, on the other hand, business entities, Interested in a high-quality product in a competitive environment, they develop their own educational platforms, providing access services to the latest or paid educational services in relevant professions in the field of information technology, design, artificial intelligence, game design, etc. The latter is in the legal field, the state seeks to regulate the specified area. Nevertheless, there are relatively few studies on the legal regulation of this social phenomenon. In order to ensure the availability of comprehensive studies on the legal regulation of digital educational platforms, it is necessary to identify cases of official use of the term by the legislator and its meaning, and, if possible, provide recommendations, which is the purpose of this study. Results. Research article identifies approaches in which digital educational platforms can be considered, examines legal definitions, provides recommendations for further research and legal work, and defines the necessary theoretical guidelines for this.

The purpose of the article is to study the process of formation and spread of "stundobaptism" as a trend in "evangelical Christianity" in the Russian Empire in the second half of the 19th century. Based on a number of sources, the authors analyze the religious policy of the Imperial government towards its followers. The object of the study is the state policy in relation to "stundobaptism". The subject of the research is the normative legal acts regulating the religious policy of the government of the Russian Empire in relation to followers of "Stundobantism", materials of periodicals, archival documents. Within the framework of the research methodology using historical-legal, comparative-legal and comparative-historical methods, an analysis of the activities of the state authorities of the Russian Empire in the persecution of followers of "stundobaptism" in the second half of the XIX century was carried out. The authors point out that until the 60s of the XIX century. "Stundobaptism" was considered by the government as a "tolerant" religious trend in Protestantism along with other Protestant sects. However, from a certain point on, he began to cause concern to the state church in connection with the involvement of the Russian Orthodox population in the Shtundist communities. During the reign of Emperor Alexander III, at the initiative of the Chief Prosecutor of the Synod, K.P. Pobedonostsev, a repressive campaign was launched against the Stundists, the religious activities of the Stundist and Baptist communities were legally restricted, and their leaders were persecuted. The article reveals the methods of carrying out repressive measures by the general and political police against the Stundobaptists, indicating that these measures ultimately failed to achieve the goals pursued by K.P. Pobedonostsev.

This article reveals the methodological features of natural law concepts and the problem of determining the subject of their study. Based on the analysis of classical and modern works on the theory of law, as well as related sciences, the author proves that natural law theories, despite differences in methodology, are united by a common subject of study—non-legal factors affecting law ("meta-law"), considered through the prism of legal experience in order to resolve social conflicts through references to the norms of the prevailing regulatory system.

Contemporary international legal regulation of relations between states and ethnic communities living on their territories is characterised by increased attention on the part of state authorities to these communities and the development of paternalism. The world has come to realise that the predatory expansion of more developed peoples into new territories has had a negative impact on the unique ethno-diversity of such regions, and that indigenous distinctive peoples, their minority languages, traditions and culture have begun to disappear irretrievably. This awareness led to the organisation of the International Decade of Indigenous Languages from 2022 to 2032 under the auspices of UNESCO.

The Russian Federation is a party to a number of international legal instruments and fulfils its obligations under the relevant ratified instruments. Appropriate measures are being taken to improve linguistic and educational legislation on the small indigenous minorities of the North, Siberia and the Far East. At the same time, Russia is not a party to the key international legal acts that create a unified ideological basis for the regulation of the relations under consideration, moreover, it has stopped participating in some international legal documents altogether.

The article examines the foundations of legal and ideological attitude to minority ethnic communities in the world in general and in the Russian Federation in particular, and pays special attention to the lacunas in legal regulation, caused, among other things, by the fragmented participation of our country in the mechanism of international legal regulation of relations of ethnic communities, which has a negative potential.

Purpose of the study. The article examines the problems of theory and practice associated with the lack of precise definitions of such concepts as "protection" and "defense" of the family, which does not allow specifying the mechanisms aimed at their provision through the application of industry norms, in particular family ones.

It has been determined that family protection and defense are among the categories of different orders, the identification of which is unacceptable, a clear differentiation of which will ensure the protection of the institution of the family, its members, which will be aimed at implementing the key areas of the state family policy.

The aim of the paper is to analyze the legal category of "insider" under the laws of the Russian Federation, the United States, and the European Union. The authors conclude that one of the central reasons for the lack of an effective mechanism to combat the illegal use of insider information in Russia lies in the unsuccessful definition of the category of "insider" by the legislator. Effective efforts to combat the misuse of insider information are impossible without the legislative changes that would clarify the most basic legal category, on which the responsibility for the above-mentioned offense relies—the category of "insider".

This study aims to analyze the legal basis for the use of tariff coefficients in CTP, assess their legality and validity, as well as identify possible problems and ways to solve them. The research examines scientific papers, as well as regulations governing the application of tariff coefficients in CTP.

The paper analyzes the relationship between the powers of insurance companies, whose goal is to maximize profits and minimize costs, and the rights of policyholders, for whom objectivity and fairness are important in determining the amount of the insurance premium based on the available history of vehicle operation, insurance history and other factors.

In conclusion, the paper provides ways to resolve conflicts of interests, on the one hand, between professional participants in the insurance market, insurers, and on the other hand, potential policyholders who are less protected.

The article deals with the issues of legal provision of negatory protection in the civil legislation, analyzes the problems of practice of application of the action in rem not related to deprivation of possession of a land plot in Russian courts.

The purpose of the article is to analyze theoretical and practical problems of legal provision of negatory protection in Russian law, as well as to develop proposals aimed at improving legislation and judicial practice.

Conclusions. Within the framework of the conducted research, it was revealed that the violation of subjective proprietary right is allowed in the form of inaction, which is confirmed by relevant court practice. The study of law enforcement practice allows us to conclude that preventive negatory claims in the presence of a real threat of violation of a proprietary right are satisfied very rarely, despite the presence of relevant clarifications of higher courts. The author states that in modern judicial practice there is no unified approach to the issue of burden sharing proving the wrongfulness of the violation. Based on the conducted research, the author believes that the current version of Article 304 of the Civil Code of the Russian Federation should be amended to eliminate existing gaps in the regulation of legal relations in the field of protection of ownership and other proprietary rights to land plots. Among other things, the article investigates in detail the problem of choosing the appropriate method of protection in case of unlawful seizure of a part of a land plot. The author concludes that the practice of Russian courts in this matter is contradictory. In connection with this circumstance, the author proposes to make appropriate amendments to Article 301 of the Civil Code of the Russian Federation in order to eliminate legal uncertainty.

The forms of categories of criminal law are based on the conceptual and categorical apparatus of criminal law, that is, on a logically ordered system of categories and conditions of criminal law and represents a methodological toolkit for describing and studying phenomena and criminal processes. Criminal law and its conceptual and categorical apparatus are characterized by the following features: it contains criminal law concepts; it is interdisciplinary; it has criminal content; it is subject to strict categorization rules.

Extremist ideas and views are a serious problem for the Russian Federation in the process of aggravation of the geopolitical conflict with Ukraine, external sanctions pressure and active anti-Russian propaganda carried out by foreign states. Despite the fact that anti-extremist activities are given close attention by the state, some of its areas are characterized by systemic problems and this significantly reduces the effectiveness of this functioning as a whole. The purpose of the presented study is to identify current problems of combating extremism in the Russian Federation, taking into account modern realities and determining ways to solve them. The author comes to the conclusion that by now all the necessary legal acts in this area have been adopted, which are regularly amended in order to take into account new challenges and threats of the spread of extremist manifestations. The greatest number of problems were identified in the implementation of preventive and preventive activities, the main ones being organizational, informational, resource, etc. The ways to solve these problems are determined, requiring coordinated activities of government bodies and civil society institutions in these areas. The focus is on the prospects for the development of forecasting of extremist manifestations, identified as a direction in accordance with the new Strategy for Countering Extremism in the Russian Federation in order to improve the effectiveness of anti-extremist activities in general. In this context, the need for competent authorities to develop and implement uniform methods and assessments of existing risks of the spread of extremist behavior is emphasized.

The purpose of the study. The presented article is devoted to a comprehensive study of both the essence and meaning, as well as the procedure for implementing prosecutorial supervision over law enforcement activities in the Russian Federation. The author reveals important theoretical and legislative aspects of the implementation of supervisory powers by the prosecutor's office for the purpose of a comprehensive and all-encompassing implementation of the protection of law and order. The author also conducted a study and in-depth analysis of the normative legal regulation of issues of implementing prosecutorial supervision over law enforcement activities. Conclusions. As a result of the study, the author comes to the conclusion that competent and effective implementation of prosecutorial supervision over the implementation of law enforcement activities is an important aspect of ensuring law and order in the state. The author highlights the most significant principles and problems associated with the implementation of prosecutorial supervision over law enforcement activities, on the basis of which he proposes various ways to solve them based on an integrated approach. The author concludes that prosecutorial supervision is a complex and indispensable aspect of the effective implementation of law enforcement activities.

This article examines the challenges associated with the implementation of artificial intelligence (AI) technologies in law enforcement. It analyzes key limitations and risks arising from the use of algorithmic systems, including technical shortcomings, legal uncertainty, potential bias in machine learning models, and the need to protect personal data. The study also explores the compatibility of existing regulatory frameworks with technological advancements and the prospects for their adaptation.

The research aims to:

• Analyze modern approaches to AI regulation in law enforcement at national and international levels;
• Identify legal, technical, and social barriers hindering AI implementation;
• Explore potential ways to mitigate legal risks related to automated decision-making;
• Propose recommendations for improving AI legislation and ensuring its safe application.

The results provide an assessment of the current state of AI regulation in law enforcement and offer directions for its further development.

This paper examines the current trends in the development of criminal-legal regulation of countering the financing of extremist activities, which is one of the priority areas of strengthening the sovereignty of the state. Financing of extremist activities is a threat to the national security of the Russian Federation, including the fact that as a result of such criminal activity provides a material component for the subsequent formation of radical views and actions aimed at destabilizing the state system and social relations. The issues of countering the financing of extremist activities are of particular relevance in modern conditions due to the current external geopolitical situation. In this regard, the national legislation is constantly being improved, implementing a comprehensive and preventive approach to countering extremism and its financing, including emphasizing the strengthening of criminal responsibility within the criminal-legal mechanism of countering the financing of extremist activities.

The purpose of the study. The article examines the essence of the phenomenon of violent crimes against sexual freedom and sexual integrity through the prism of the emotion of fear as an object of forensic research. The paper examines specific examples of judicial and investigative practice, which analyze the behavior and interaction of subjects of criminal situations, as well as patterns of formation of traces corresponding to their behavior. The relationship between detectable traces, behavior, and the emotion of fear, which determines it, forms signs of fear. Conclusions. The emotion of fear of a victim of a crime is a criminalistic sign of the reality of a criminal event, which is the subject of investigation in criminal cases of crimes against sexual freedom and sexual integrity. At the same time, the signs of the emotion of fear of the victims of this crime are expressed in its traces, characterizing information about both the object of their fear and their behavior. These include: information about the identity of the perpetrator, his physical development, material traces of changes in the situation of the scene during the struggle, various biological traces, especially those found in the underground contents, the presence and condition of barriers and locking devices, ideal traces, which also include the presence of acquired mental disorders that are causally related to criminal actions.