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)
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  • Dimensions
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Current Issue

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Vol 18, No 2 (2025)

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Private Law (Civil) Sciences

On the Scientific Ideas of Professor S.S. Zankovsky: To the 100ᵗʰ Anniversary of the Institute of State and Law of the Russian Academy of Sciences
Battakhov P.P., Ovchinnikova Y.S.
Abstract

The article analyzes the main scientific ideas of Professor S.S. Zankovsky in the field of legal regulation of entrepreneurial obligations and social entrepreneurship. One of the main ideas of the scientist on the need to harmonize private and public law principles in the regulation of legal relations in the field of entrepreneurial obligations is highlighted. As a continuation of this idea, thanks to the harmonization of legal regulation, the achievement of the effect of "comfortable legislation" for business in the latter's partnerships with the state. The most significant positions of S.S. Zankovsky in the field of social entrepreneurship, concerning, in particular, the subject composition of social entrepreneurship. Attention was paid to the opinion of the scientist on the special role of social entrepreneurship and its legal concept for the development of the country's economy. It was concluded that legislation in the field of social entrepreneurship is at the initial stage of formation.

Gaps in Russian Legislation. 2025;18(2):11-16
pages 11-16 views
Legal Regime for Storing Human Organs and Tissues
Byzov A.A.
Abstract

With the development of biotechnology, the possibility of human organs and tissues acting as objects of various civil legal relations, including the subject of a storage agreement, becomes obvious. However, the legislation of the Russian Federation does not reflect the peculiarities of the legal regime of such relations generated by the unique features of biomaterials, as a result of which there is legal uncertainty and the risk of violating the rights of the depositor and the custodian.

Based on the conducted research, a conclusion is made about the need to identify a special type of storage agreement — storage of human organs and tissues. The author of the article has developed a definition of this agreement and formed its qualifying features. It is proposed to consider the subject of the agreement as the provision of services for the storage of human organs and tissues, the use of which is associated with their biological properties. The article provides arguments are given for securing the possibility of only a licensed medical or scientific organization to act as a custodian, the need to indicate in the agreement the market value and properties of biomaterials significant for storage, as well as the dependence of the storage period on the expiration date of the human body parts.

Gaps in Russian Legislation. 2025;18(2):17-21
pages 17-21 views
Inadequacy of the Regulatory Framework for Easements in the Russian Federation
Smirnova S.A., Petrov A.K.
Abstract

This article examines the current state of the regulatory framework for easements and public easements, the incompleteness of this regulation, contradictions in the existing regulatory framework, an analysis of several current issues related to easements in actual Russian law, and the authors' opinions on the possible deepening and expansion of regulatory framework for easements. Conclusions. As a result of the conducted research, the authors come to the conclusion that the existing regulatory framework for easements is incomplete and contradictory. The existing incompleteness leads to ambiguity in the essence of the proportionate fee for the easement, and discrepancies in the methods for calculating the proportionate fee for the easement. Termination of an easement due to the cessation of the grounds for its establishment (and for other reasons) is not provided for the owner of the dominant object.

Gaps in Russian Legislation. 2025;18(2):22-29
pages 22-29 views
Comparative Legal Study of Current Issues of Regulation of Publishing Activities in Foreign Countries
Svechnikova N.V., Gurko A.V., Kostyan O.A.
Abstract

Purpose of the study. The article examines the legal framework for the commercialization of copyright and related rights in book publishing abroad in order to identify best practices for the protection and defense of the property interests of authors and copyright holders. The legislation of countries such as the United States, France, Brazil, the People's Republic of China, Iran, the UAE, Ethiopia, Indonesia and a number of other countries was analyzed. When conducting the analysis, regulatory acts of regional associations that may be valid for the selected countries were taken into account. In particular, acts and activities in the field of book publishing of such organizations as the EU, BRICS, the EAEU, the CIS and UNESCO were studied. Conclusions. Due to the processes of globalization, the regulatory framework of many countries has a similar basis. The trends in the book market are also global and are associated with a decline in the share of printed circulation and an increase in electronic publications, the growth of online samizdat platforms and the increasing use of artificial intelligence systems in the activities of these platforms not only for data analysis, but also for content generation. This leads to the recognition abroad of the need to develop rules for such use of artificial intelligence systems to ensure compliance with intellectual property rights. At the level of different countries and international organizations, book publishing is recognized as the basis for the development of culture, science and education, due to which support measures and programs are implemented. In a number of countries, the experience of mandatory deposit of copyright works, regulation of book distributors' premiums and stricter regulation of copyright commission agreements are practiced. Conclusions are made about the possibility of applying foreign experience to regulate the commercialization of copyright and related rights in the book market in Russia.

Gaps in Russian Legislation. 2025;18(2):30-41
pages 30-41 views
Systemic Changes in Public-Private Partnership: Experience of Moscow and the Moscow Region in Regulating Land Relations
Petrov D.Y., Shastin I.V., Yakovlev A.Y.
Abstract

The article examines systemic changes in public-private partnerships (PPP) using Moscow and the Moscow region as examples, with a focus on the regulation of land relations. It analyzes new approaches and mechanisms implemented to enhance the efficiency of interactions between government structures and the private sector. Key factors contributing to the successful implementation of PPP projects are explored, as well as the main problems and challenges faced by participants in land relations. The results emphasize the importance of a comprehensive approach to regulation and the need for legislative adaptation to create a favorable investment environment. The study of systemic changes in public-private partnerships (PPP) in Moscow and the Moscow region has shown significant improvements in the regulation of land relations. The new legal framework has simplified the procedures for obtaining permits and approvals, thereby increasing the transparency of processes. The introduction of electronic platforms has enhanced trust from private investors and reduced corruption risks. Innovative financing mechanisms, such as project financing, have attracted additional investments in PPP projects. However, the research also identified several issues, including a lack of information about participation opportunities and difficulties in coordination among government bodies. Recommendations for further improvement include developing unified standards and strengthening informational support for PPP participants. Overall, successful PPP projects positively impact infrastructure development and the social sphere, contributing to the economic growth of the region.

Gaps in Russian Legislation. 2025;18(2):42-47
pages 42-47 views

Theoretical and Historical Legal Sciences

Legal Regulation of State-Religious Relations in Russia: a Historiographical Survey
Zudov Y.V.
Abstract

The purpose of the research. In this article the author studies the contemporary Russian historiography, including scholarly works in the fields of law, history, and other humanities, which deal with the subject of legal regulation of stat-church relations. Different models of state-religious relations are examined in the legal-historical perspective. There is also the analysis of different approaches to the subject of legal regulation of state-religious relations, used by historians and specialists in law. Results. The Russian scholarly literature on the subject of legal regulation of state-church relations is rather diverse, with a clear predominance of historical books, yet there are few examples of legal research. Most important works address the issue of state-church relations in the Soviet period. Besides, it is necessary to mention that new significant studies have been published recently, in which the authors not just present the unknown archival documents, but also analyze them though the scope of other available sources, including the memories, personal interviews, and so on.

Gaps in Russian Legislation. 2025;18(2):48-52
pages 48-52 views
From the Concept of the Draft Statute of the Police of the Russian Empire to its Structure and Content: Views of Members of the Commission of Senator A. A. Makarov (1906–1917). 11. The Police of the Russian Empire in Preventing Illegal Construction, Protecting the Property Interests of Citizens, Preserving what was found, Historical Objects, Works of Nature
Shurukhnov N.G.
Abstract

The peculiarities of the police’s duties to suppress the careless maintenance of buildings, avoid mistakes in the construction of new, illegal construction of structures or work (excavations, planting of bushes and trees) carried out near railways that threaten the normal operation of communication routes, causing harm to the life and health of citizens are considered. Taking measures to ensure the safety of ancient monuments (remains of ancient castles, fortresses), found rare works of nature (derived meteorites), returning property obtained by criminal means to its rightful owners, transferring discovered military attributes to the military authorities, transferring to owners domestic animals that have left the herds or yards. The article also presents the activities of the police in carrying out procedures for personal hiring by rural workers, suppressing certain types of economic strikes organized by workers of production enterprises.

Gaps in Russian Legislation. 2025;18(2):53-60
pages 53-60 views

Public Law (State Law) Sciences

Information Law as a Complex Branch of Law and Science
Severin V.A.
Abstract

The article emphasizes that information law, since its inception, has been developing as a complex branch of law, borrowing some of the rules from private and public law. The intersection of scientific industry interests in the subject area of information law and intellectual property law, as well as other branches of public law and humanitarian disciplines, is established.

The author comes to the conclusion that the distinction between the concepts of "information" and "digital" law is associated with the use of new "cross-cutting technologies" in the digital economy and different levels of scientific formation of their conceptual apparatus, and also proposes to comprehensively consider "Legal Support for Information Security" as a sub-branch of information law in connection with the use of information technologies and digital solutions.

The article analyzes interdisciplinary problems that are insufficiently developed in the theory of information law, related to civil, commercial, administrative, criminal and other branches of law in the digital economy. A scientific approach is formulated and the relevance of the choice of research in the field of legal regulation and protection of information in the digital era is shown.

Gaps in Russian Legislation. 2025;18(2):61-66
pages 61-66 views

Criminal Law Sciences

The Identity of a Criminal who Commits Crimes Against the Peace and Security of Mankind
Serebrennikova A.V.
Abstract

The article attempts to reconstruct the personality image of a criminal who commits crimes against the peace and security of mankind. Based on the provisions of the legal doctrine and materials of law enforcement practice, the author has put forward reasonable characteristics of a criminogenic person who commits encroachments on the interests of peace and security of mankind. The author examines the differences between the characteristics of the criminal's personality depending on the type of assault.

Gaps in Russian Legislation. 2025;18(2):67-71
pages 67-71 views
The Status and Prospects of Development of the Institute of Criminal Liability for Involving Minors in Committing Crimes
Shkhagapsoev Z.L.
Abstract

Criminal behavior of minors poses a significant threat to the stable development of the Russian state. However, children and adolescents do not always independently form illegal ideas and views. In practice, situations are quite common when adults exert influence in order to encourage a child to commit a specific crime.

In this context, the problems of combating the involvement of children and adolescents in criminal activity are significantly updated. Among the mechanisms for counteracting this criminal activity, the effectiveness of criminal liability is of particular importance. The purpose of the presented study is to analyze the current state and prospects for the development of the institution of criminal liability for the involvement of minors in committing crimes. The author comes to the conclusion that despite the long-term existence of a separate criminal law norm, the effectiveness of its application has caused much discussion. Attention is focused on the improvement of Art. 150 of the Criminal Code of the Russian Federation, which has occurred in recent years. It is noted that the addition of a number of qualifying and especially qualifying features to the above-mentioned norm, as well as the tightening of liability for involving minors in committing crimes, is timely and justified, since it is objectively related to the transformation of juvenile and adolescent crime in Russia in recent years, as well as the organized nature of activities aimed at involving these persons in criminal activity, in modern realities.

Gaps in Russian Legislation. 2025;18(2):72-78
pages 72-78 views
Criminal Legal Mechanisms to Ensure the Realization of National Development Goals (National Projects)
Borin B.V.
Abstract

In this article, the author outlines the ideas of creating a criminal law mechanism to ensure the implementation of national development goals, criminal law and criminalistic issues in the field of regulating liability for abuses in public procurement, including the use of: hardware and software complexes; digital innovations and high-tech systems; artificial intelligence capabilities in the criminal law mechanism to ensure the implementation of national development goals.. The article examines offenses in the field of public procurement and analyzes the implementation of criminal policy in the field of procurement of goods, works, and services to meet state or municipal needs.

Gaps in Russian Legislation. 2025;18(2):79-83
pages 79-83 views
Religious Substantiation of the Ideology of the Eurasian Concept of Criminal Procedure
Tarasov I.S.
Abstract

Purpose of research: The paper analyzes religious substantiation of the ideology that ensures manifestation of Orthodox spiritual values in the criminal procedure. The goal is to compare religious substantiation of the liberal theory of rights and freedoms of man and citizen with the Eurasian concept of criminal procedure to find out which religious substantiation is closer to spiritual eclecticism or to a universal religion. The comparison is also aimed to reveal the positive and negative impacts of religion on the Eurasian criminal procedure.

Conclusions: Conclusion is made that spiritual eclecticism being the ideological foundation of criminal procedure relations poses a threat of self-destruction of the ideology and its components. A man who assimilates a religious mosaic is subjects to pride, ambition and other sins and vices. The criminal procedure will, thus, be affected by egoism and arbitrary will of officials who make important decisions on criminal cases. The universal religion, Orthodoxy in the Eurasian ideology of criminal procedure is the best foundation for developing, strengthening and reinforcing criminal procedure relations in the legal norms since the spiritual development is based on the governing idea. Orthodoxy helps form a moral fiber in the participants of the criminal procedure.

Gaps in Russian Legislation. 2025;18(2):84-89
pages 84-89 views
Methods of Legal Linguistics and their Use for Solving Communicative Problems in the Conduct of Certain investigative Actions
Tsypina A.V.
Abstract

The purpose of the study is to substantiate the need to use in the production of investigative actions based on the communicative aspect, the synergy of language and law and the resolution of criminal procedural issues related to the use of certain linguistic methods. The article is devoted to improving the activities of law enforcement agencies through the integration of knowledge from various scientific fields, particularly linguistics and law. The article explores the techniques of forensic linguistics used in the preliminary investigation phase, focusing on the examination of language patterns during interrogations and the detection of verbal cues associated with deceptive statements. The author proposes linguistic techniques, such as specification of descriptions, linguistic provocations, and language traps, which can help optimize communication between investigators and interviewees. Attention is drawn to the problems of stylization and language standardization in procedural documents, which can lead to the distortion of information and the rejection of testimony in court. It is emphasized that the use of linguistic knowledge can enhance the professional culture of law enforcement officers, improve the quality of procedural documents, and increase the effectiveness of investigative actions.

Gaps in Russian Legislation. 2025;18(2):90-96
pages 90-96 views
Current Issues of Termination of the Lease Agreement on the Initiative of the Landlord
Braitseva E.A., Tarasova I.A.
Abstract

The purpose of the article is to study the grounds for termination of the lease agreement on the initiative of the landlord. The study analyzes legislation and judicial practice, since many of the terms used to describe the grounds for termination of the contract are evaluative. In this regard, it is concluded that the lease agreement is one of the agreements in which the dispositivity of civil law regulation is most clearly manifested. The authors propose to identify imperative and dispositive grounds for termination of the lease agreement at the initiative of the lessor. The article also contains practical recommendations for clearly and precisely articulating violations that may serve as grounds for termination of the contract at the initiative of the lessor, already at the stage of concluding the contract.

Gaps in Russian Legislation. 2025;18(2):97-102
pages 97-102 views
Improving Access to Justice in Cassation Proceedings through the Use of Artificial Intelligence
Shatalov N.N.
Abstract

The article provides a systematic analysis of the possibilities and prospects of using artificial intelligence technologies as an auxiliary tool for improving access to justice in criminal cassation proceedings. Based on the study of modern scientific approaches and law enforcement practice, the author specifies key areas of artificial intelligence application: automated analysis of cassation complaints and submissions, implementation of "predictive cassation", integration of computer vision technologies, ensuring uniformity of judicial practice. The necessity of maintaining the auxiliary nature of artificial intelligence systems in relation to the procedural activities of the court while simultaneously increasing the guarantees of legality and validity of cassation instance decisions is substantiated. Potential risks of artificial intelligence implementation are identified and specific mechanisms for their minimization are proposed.

Gaps in Russian Legislation. 2025;18(2):103-110
pages 103-110 views
Comparative Legal Analysis of the Use of Arrest in the Russian Federation and Preventive Arrest in the Republic of India to Meet the Needs of a Preliminary Investigation
Kholoimova A.S., Grebenev R.V.
Abstract

Introduction. The work is devoted to a comparative legal analysis of the application of legal norms affecting the procedure of arrest in the Russian Federation and preventive arrest in the Republic of India. It has been established that, given the historical diversity of the formation of law in the Russian Federation and the Republic of India, the legal structure has significant differences, however, an analysis of the norms of law may allow us to develop mechanisms to improve the process of conducting a preliminary investigation and combating crime. As a result of an in-depth analysis, the legislative framework of the States under consideration was analyzed in order to establish common and distinct features, as well as parallels between the work of law enforcement agencies in the framework of law enforcement and the conduct of a preliminary investigation through the prism of the application of the arrest procedure, and the issue of the conceptual component of arrest was also raised based on analysis using legal hermeneutics to ensure an accurate understanding of the terminology used in the context of legal norms.

Methodology. Implementing the preparatory stage for the scientific development of the issues reflected in this study, the author used private scientific methods, including comparative legal and formal legal approaches, and also paid special attention to methods of deduction, scientific synthesis and legal analysis. In addition, the author used the method of empirical knowledge, analyzing in detail the practical experience of law enforcement officers.

Research findings. The results of the study allow us to conclude that the institution of preventive arrest in the criminal procedure legislation of the Republic of India is a unique phenomenon that differs from the domestic legal tradition and is successfully consolidated at the legislative level. Given the complexity and multidimensional nature of India's legal system, which includes a mix of different legal norms and a rich multi-level history of legislative formation, detailed regulation of preventive detention seems reasonable and acceptable. This is confirmed both from the point of view of the evolution of criminal procedure law and taking into account the historical context that has influenced modern legal norms in India.

Gaps in Russian Legislation. 2025;18(2):111-115
pages 111-115 views
The Use of Unmanned Aerial Vehicles to Identify and Document Crimes and Offenses in the Field of Illicit Trafficking Amber and Jade
Ishin I.A.
Abstract

The article highlights the issues of the use of unmanned aerial vehicles to identify and document crimes and offenses in the field of trafficking in amber and jade, and suggests an algorithm for the sequential actions of police officers when using UAVs. By itself, the use of UAVs is possible not only as a means of documenting illegal actions and collecting operationally relevant information, but also as an effective mechanism for preventing crimes in the field of trafficking in amber and jade. The conducted research has shown the prospects of using UAVs in the activities of law enforcement agencies.

Gaps in Russian Legislation. 2025;18(2):116-121
pages 116-121 views
Protection of State Secrets in Operational Investigative Activities: Modern Problems in the Context of Digitalization (Organizational and Historical-Legal Aspects)
Maydykov A.A., Ogurtsov A.E., Konashenkov S.O.
Abstract

This article examines modern challenges related to the protection of state secrets in the context of the digitalization of operational investigative activities (OIA) in the Russian Federation. Key issues are explored, including information leaks, cyberattacks, the use of anonymous networks and cryptocurrencies, as well as the shortage of qualified specialists in the field of cybersecurity. Legal and organizational measures aimed at adapting OIA to the challenges of the digital era are analyzed, including the implementation of big data technologies, artificial intelligence, and biometrics. Particular attention is paid to balancing the effectiveness of OIA and the protection of citizens' rights, as well as to the role of ethical hackers in ensuring information security. Examples of legal regulation and practices of cooperation with international organizations in the field of cybersecurity are provided.

The following objectives were achieved within the framework of the study:

— an analysis of modern threats to the protection of state secrets was conducted;

— key directions of OIA digitalization and the associated problems were identified;

— the effectiveness of implementing technologies and legislative initiatives to enhance information security was evaluated;

— recommendations were proposed for improving legal regulations and operational methods in the context of digitalization.

Gaps in Russian Legislation. 2025;18(2):122-131
pages 122-131 views

International Legal Sciences

International Legal Basis for Technology Transfer in the Context of Anti-Russian Restrictive Measures of the Collective West
Nikiforov V.A., Epikhin E.V.
Abstract

Objectives of the study. The topic of the article touches upon current issues of international technology transfer in the context of the use of illegal unilateral restrictive measures (so-called "sanctions") by the countries of the collective West. There is no doubt that the collective West will always use sanctions pressure. In connection to this, it should be necessary to review the statement, if existing international law mechanisms are in power to give clear answer at this disaster illegal situation. The article analyzes the fundamental international legal acts regulating technology transfer issues, including agreements of the WIPO and the WTO. The principles and approaches to technology transfer embedded in them are studied, an assessment of the effectiveness is given, as well as the achievability of the goals set, taking into account the historical and modern context. Conclusions. The conducted analysis revealed obstacles that have prevented the introduction of a truly effective mechanism for technology transfer at the international level for decades. Among main issues, we should highlight several points including: absence in international law of "technology transfer" conception, absence of such concept implementation mechanics, lack of legally established obligations of advanced countries on technology transfer to developing contries and LDCs. The inability of key international universal organizations to exert practical influence on real, and not declared by them, technology transfer was revealed. Moreover, it was established that the rules of international trade not only do not promote, but significantly hinder international technological transfer.

Gaps in Russian Legislation. 2025;18(2):132-138
pages 132-138 views
Legal Support of International Relations of Moscow: Development of Regulatory Legal Regulation and Practice of Concluding Agreements on International Cooperation
Logvinova I.V.
Abstract

The author addresses the issue of legal support of international relations of Moscow in modern conditions. The subject of the analysis was the sources of legal regulation, including federal regulatory legal acts, international treaties, the legislation of Moscow, agreements and other acts of bilateral cooperation between the city and foreign participants in international cooperation, Important conclusions are drawn for improving legislation and the practice of its application.

Gaps in Russian Legislation. 2025;18(2):139-147
pages 139-147 views

Miscellaneous

Administrative Activity of Internal Affairs Bodies in the Sphere of Ensuring Transport Security at Railway Transport Facilities
Galitsky R.V.
Abstract

Acting as one of the state-strategic, main priorities of modern Russia, activities to ensure transport security are aimed at countering threats of acts of unlawful interference at transport infrastructure facilities and vehicles by type of transport. At the same time, administrative resources of transport infrastructure entities responsible for its implementation are limited by intra-organizational activity, which does not meet the real needs of the considered sphere of protective impact. These circumstances have required the strengthening of the state-power presence, including in the face of internal affairs bodies of the Russian Federation, which in turn has highly actualized the studies related to the definition of the essential content of sectoral administrative activity. The present article attempts to determine the essential features of administrative activity of internal affairs bodies in the sphere of ensuring transport security at railway transport facilities, based on the demarcation into law-making (norm-making), law-enforcement, control and supervisory and permissive components. Based on the results obtained, not only the corresponding author's definition is formed, but also outlines the contours of subsequent theoretical and legal research, the focus of which can be directed to the separate analysis of the content of the identified components.

Gaps in Russian Legislation. 2025;18(2):148-152
pages 148-152 views