Gaps in Russian Legislation

Research objective. The article examines the problems of the formation of the armed forces system in the context of the development of statehood and law in European countries in the 7th-17th centuries. The process of the transformation of medieval society, statehood, and law in the context of the development of the armed forces is analyzed. The purpose of this scientific research is to establish and identify the features of the existing relationships between the transformation of statehood and law, as well as the system of recruitment for the armed forces. This is necessary to determine the main direction of the development of statehood and the military system in relation to the European countries of the period under consideration. Conclusions. As a result of the conducted research, the authors concluded that the monopoly on the right to use armed force is inextricably linked to the monopoly on political power in the European states of the Middle Ages and the New Time. The process of transforming the mononorm of protecting the country by free members of the community into privileges is noted. As a result, the remnants of military democracy institutions wither away, and the importance of the general militia is virtually lost. Subsequently, with the formation of centralized states and the overcoming of feudal fragmentation, political power is concentrated in the hands of monarchs who rely on the third estate and professional mercenary armies. This leads to the loss of the feudal lords' monopoly on armed force, and the resulting power vacuum is filled by the coercive force of royal authority. The transformation of the private legal principles underlying the oath of feudal loyalty into a public legal duty to serve not just the monarch, but the country, is taking place.

Task. In the context of the country's digital transformation, digital platforms are actively developing in various fields of activity, including to support the activities of joint-stock companies and limited liability companies. Localization of information systems on the territory of Russia limits the ability of foreign shareholders to participate in the company's activities. The purpose of writing this article is to analyze the legal conflict that has arisen, as well as to develop proposals for overcoming it.

Conclusions. As a result of the conducted research, it was established that the requirements for the mandatory use of a qualified electronic signature for remote voting in joint-stock companies in relation to foreign shareholders, introduced from September 2027, cannot be implemented in practice. To ensure the activities of foreign shareholders, it is necessary to introduce a moratorium on the application of certain provisions of regulatory acts governing the activities of joint-stock companies, until the completion of the construction of the corresponding technical infrastructure, as well as the use of a separate mobile application as a temporary measure.

The purpose of the study. The purpose of this study is a comprehensive and comprehensive analysis of the legal regulation of environmentally oriented urban development using the example of the Hammarby Sjöstad «eco-district», aimed at identifying the legal and organizational mechanisms that ensured its implementation, as well as determining the possibilities and limits of adapting this experience in the legal system of the Russian Federation. As part of achieving this goal, the study focuses on identifying the specifics of regulatory regulation of environmental impact assessment and its role in territorial planning, as well as green procurement in the construction sector in Sweden, analyzing the role of public authorities at various levels in the formation of sustainable urban areas, as well as identifying gaps in Russian legislation that hinder greening. urban planning activities. Ultimately, the study is aimed at developing recommendations that contribute to improving the effectiveness of the implementation of the principles of sustainable development in urban planning policy.

Conclusions. As a result of the conducted research, the author comes to the conclusion that despite the presence in the Russian Federation of strategic prerequisites for the greening of territorial planning, the current legal regulation does not ensure their full implementation. The Swedish experience, including the example of the Hammarby Sjöstad «eco-district», confirms that sustainable urban development is possible only if there is a coherent, integrated and effectively functioning system of legal instruments. For Russia, borrowing and adapting certain provisions of legislation can create real conditions for the formation of an «eco-district» and the transition to environmentally oriented development of territories.

The article examines the problems of the legal regime of legal regulation of entrepreneurial activity, where the legal regime of entrepreneurial law as a special integral system of regulatory influence is aimed at ensuring a combination of the interests of entrepreneurs acting of their own will and in their own interest, and the interests of society and the state. Accordingly, business law makes it possible to consider any issues both from the point of view of private law and from the point of view of public law regulation. The purpose of the study is to identify and solve problems such as: analysis of research materials and legal regulation in the field of business activity, so, in particular, the existence of business law is predetermined by objective prerequisites. In any economy, regardless of whether it is planned or a market model of a certain type, there are elements of state regulation of the economy. Accordingly, private legal regulation is always subject to public legal influence. Thus, it is impossible to do without enshrining in law the goals and objectives, principles, limits of implementation and instruments of this influence. However, it is necessary to ensure a reasonable combination of private and public interests in order to prevent the suppression of one by the other. Based on the research, the author comes to the conclusion that civil law is not able to resolve all issues that arise during business activities. In particular, this concerns many issues that arise in the implementation of self-management of production, in state regulation of certain types of activities, in protecting consumer rights, in limiting the activities of monopolists, etc.

The purpose of the research. The research pays attention to inadequacy of procedural legislation, which allows the commissioning of repeated expert examinations without expert’s involvement, what affects the business reputation of an expert and further commissioning of the expert in other court proceedings. The purpose of the study is to identify the existing gaps of legal regulation in course of commissioning of repeated examinations, as well as to make proposals for their settlement by modification of the legislation.

Results. It is suggested that experts should be given the opportunity to provide written or oral explanations to the court, which could lift any doubts or contradictions raised by the court in the course of analysing the expert report. In order to decrease the risks of delaying the court proceedings it is suggested to use online interrogation of an expert and receipt of written expert explanations by the court via electronic communications.

The article examines the content of the subject of criminal law regulation in the context of its doctrinal interpretation and legislative regulation. Taking into account the increased discussability of the problem stated in the article within criminal law science, its theoretical comprehension aimed to expand the extensive fundamental knowledge already achieved by criminal law thought about the essence, subject, and elemental composition of criminal law regulation, with an emphasis on its legislative model. Within the framework of the research objectives, through a systematic, functional, and logical-legal analysis of the specific nature of legal facts enshrined in criminal law norms that generate criminal law relations, it is proven that the legislative model of the subject of criminal law regulation encompasses four types of legal relations: protective, general preventive, regulatory, and paternalistic.

The conclusion is substantiated regarding the expediency of empowering criminal law with the function of regulating the legal consequences of socially dangerous acts of persons not subject to criminal liability due to their age status as defined by criminal law or their state of age immaturity, by constructing an independent chapter in the General Part of the Criminal Code of the Russian Federation titled «Application of Compulsory Educational Measures».

In modern realities, increasing the effectiveness of combating crimes directly against the external security of the Russian state is significantly relevant. In scientific literature, this issue is considered through the prism of mechanisms for combating specific criminal acts. Within the framework of the presented study, attention is focused on the role of criminal justice in the development of strategic mechanisms for ensuring external security. The author comes to the conclusion that the role of criminal justice is determined by a complex influence, ranging from bringing to justice the guilty persons and ending with a preventive and preventive influence in relation to combating crime of the analyzed direction as a whole. It is noted that in order to obtain the appropriate effect, the legality, reasonableness and validity of the competent authorities in the criminal proceedings are of fundamental importance.

The author proceeds from the fact that the disclosure of the essence and functional purpose of any social phenomenon invariably presupposes an understanding of the basis, prerequisites, its origins, as well as the criteria that it must meet. The article notes that the basis for criminalizing acts is a certain set (or complex) of objective and subjective circumstances or factors indicating an increased level of their public danger. It is emphasized that the basis of criminalization is not the process, but its result in the form of regulation of its increased limits, similar to the recognition of an already committed act containing all the signs of a crime, as the basis of criminal liability. When assessing the social danger of acts in the field of environmental protection, it is especially important to take into account its nature, the exceptional vulnerability of the natural environment, the often unavoidable and irretrievable consequences, and their ambiguity when they manifest themselves over decades and simultaneously affect its various components.

The presented article highlights the importance of the legal explanatory activity of the Plenum of the Supreme Court of the Russian Federation for the effective application of criminal law, and draws attention to the fact that in some cases it resorts to the use of an analogy bordering on an extended interpretation of the Criminal Code of the Russian Federation, in fact generating a new content of the criminal law regulation or filling in the gap. On the example of judicial interpretation of art. 37, 162 and 226 of the Criminal Code of the Russian Federation demonstrate the validity of the use of analogy by the Plenum of the Supreme Court of the Russian Federation, on the basis of which proposals are formulated to supplement individual rulings, including a provision on the admissibility of analogy in interpreting the norms of the General Part of the Criminal Code.

Purpose of the article. On June 2, 2025, the Baikonur Cosmodrome celebrated its 70th anniversary. Today, the Baikonur Cosmodrome, together with the city of Baikonur, form a single complex. A significant number of launches have been and continue to be carried out thanks to the rocket, space, and administrative infrastructure of this complex, created during the Soviet era and regulated by a system of Russian-Kazakh treaties. To understand this complex system of international legal regulation, this study offers a historical and international legal analysis of the relevant agreements, as well as an assessment of the future prospects for Russian-Kazakh cooperation in the development of the Baikonur Cosmodrome.

Conclusions. As a result of the conducted research, the authors came to the conclusion that the system of bilateral international treaties regulating the Baikonur cosmodrome and complex represents agreements on individual objects of cooperation (procedures for the use of the cosmodrome, land, property and environmental issues, the rights and freedoms of citizens living on the territory of the Baikonur complex, security issues). The Baikonur Cosmodrome is a civilian facility. Russian-Kazakh relations regarding the operation of the Baikonur Cosmodrome are currently changing: a new agreement has been signed on the construction of the Baiterek space rocket complex at the Baikonur Cosmodrome, and security and environmental issues for the Baikonur complex are being detailed. However, despite the two countries' long-standing cooperation in the use of Baikonur, a scenario is possible in which Russia abandons it. Then, Kazakhstan will be able to independently develop the complex. The cosmodrome could also be used as part of multilateral CIS projects for the peaceful exploration of space.