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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Current Issue



Vol 18, No 4 (2025)
Theoretical and Historical Legal Sciences
Technologies of legal education of youth implemented by the institute of human rights commissioners in the Russian Federation
Abstract
The purpose of the research. The relevance of the research is conditioned by the strategic importance of youth policy, noted at the highest level, alarming statistics of offenses among youth, and the need to form sustainable legal awareness in the context of digital transformation. The purpose of this research is to analyze the technology of legal awareness-raising for youth, implemented by the Institution of Commissioner for Human Rights in the Russian Federation, and to develop specific proposals for modernization. Conclusions. The conclusions of the research confirm that legal awareness-raising serves not only as a guarantee of the observance of the rights and freedoms of the young generation but also as a key tool for the prevention of unlawful behavior. At the same time, an extremely effective tool for the legal awareness-raising of youth is the Youth Council under the Commissioner for Human Rights, building a unique channel of direct dialogue between ombudspersons and youth. However, the effectiveness of the current technology requires significant changes. For this, it is necessary to expand the network of Youth Councils to all regions of the Russian Federation, ensure their activities with a solid legislative basis through the introduction of relevant amendments to federal laws on the Commissioner for Human Rights, as well as actively digitalize interaction by creating a specialized online platform to increase transparency and involvement. The systemic integration of the councils into human rights protection and educational work, including monitoring of violations and educational initiatives, will significantly strengthen the prevention of offenses and will contribute to achieving the goals not only of the Commissioner for Human Rights institution but also of state youth policy.



Impact of the use of driving simulators on the quality of driver candidate training
Abstract
The purpose of the article is to consider the features of obtaining driver's licenses in different countries and the relationship between working on a simulator and the results of driving exams. Simulators are increasingly used to train drivers, which makes it possible to collect objective data on the qualifications of drivers in standardized conditions. However, relatively little is known about how the skills learned on the novice driver simulator relate to driving on roads.
This study offers a theoretical framework to quantify driver qualifications in terms of task speed, violations, and errors.



Public Law (State Law) Sciences
Digital transformation of contractual relations in the information sphere
Abstract
The article examines changes in the legal regulation of contractual relations concerning information, which are associated with the processes of informatization and digitalization of the Russian economy. The relevance of the study of contracts in the information sphere is due to: the dynamic development of information technologies and the emergence of new types of information products and services that require contractual regulation; the complication of legal relations in the information sphere and the need to adapt traditional contractual structures to the specifics of information relations; insufficient development of the theoretical aspects of legal regulation of contracts in the information sphere. The specificity of information as an object of legal relations requires special approaches to the construction of contracts, determination of their subject, rights and obligations of the parties, liability for breach of the terms of the contract.
Research methods. The theoretical basis of the study is the works of domestic scientists in the field of information and civil law. The conceptual apparatus and the influence of various factors on the development of contractual relations in the information sphere are considered in a comprehensive manner on an intersectoral basis. The methodological basis is formed by general scientific and specific scientific methods of cognition: dialectical, systemic, formal-logical, comparative-legal, historical-legal, formal-legal, method of analysis and synthesis, method of classification and other methods of scientific cognition.
Results. The role of the contract as an instrument for regulating information relations is shown; four stages of contractual regulation of information relations are substantiated taking into account the influence of the scientific, technological and information revolution on the development of the domestic economy; a classification of contracts in the information sphere in the context of the digital economy is developed.
Discussion. The results of the study of the design of contracts in the information sphere show that in the context of digitalization there are features of their legal regulation. With the introduction of "end-to-end technologies" and especially artificial intelligence, many experts note that this creates both new opportunities for managing data and digital flows, and legal risks, therefore, an integrated intersectoral approach is required to assess the regulatory framework and the development of legal mechanisms regulating contractual information relations, with the need to adapt to technological changes.



Problems of legal regulation of integrating digital currencies into the monetary relations system
Abstract
Purpose of the study. Analysis of key legal problems arising from attempts to integrate digital currencies (decentralized crypto-assets, stablecoins, central bank digital currencies - CBDCs) into the established monetary relations system and development of proposals for an adaptive legal model.
Methodology. The research is based on general scientific (analysis, synthesis, systems approach) and specific scientific (comparative legal, formal legal, historical legal) methods. Analysis of Russian and foreign legislation, doctrinal sources, and regulatory practices was conducted.
Results. Fundamental legal uncertainty regarding the status of various types of digital currencies hindering their full integration into the monetary system has been identified. Significant risks to financial stability (volatility, threats to monetary sovereignty, money laundering) and consumer rights (lack of guarantees, difficulty of protection) have been established. The necessity of a differentiated regulatory approach is proven. The contours of a legal model are proposed, based on: 1) legislative enshrinement of clear definitions and status for CBDCs, crypto-assets, and stablecoins; 2) implementation of proportional prudential supervision and AML/CFT requirements; 3) creation of user rights protection mechanisms; 4) ensuring compatibility with international standards (FATF, BIS).
Highlights:
Analysis of legal status uncertainty of digital currencies as an integration barrier.
Assessment of systemic risks (financial stability, monetary sovereignty) and consumer risks.
Justification for differentiated regulation of CBDCs, crypto-assets, stablecoins.
Proposal of legal model elements: clear status, prudential supervision, rights protection, international harmonization.
Focus on balancing innovation, stability, and rights protection.



Human rights protection in the Russian Federation: constitutional foundations, legislative gaps and remedial measures
Abstract
The article examines the key constitutional foundations of human rights protection in the Russian Federation, identifying and analyzing existing legislative gaps that hinder the effective realization of human and civil rights and freedoms. Special attention is given to the dynamics of legal relations, inadequacies in existing protection mechanisms, problems of regulatory injustice, legislative drafting flaws, the emergence of new categories of rights (particularly digital rights), as well as the impact of external factors and emergency situations. The study aims not only to systematize identified gaps but also to propose concrete remedial measures and mechanisms for improving the legal framework. The research methodology is based on traditional cognitive techniques of theoretical-legal and legal-dogmatic analysis.
The study concludes that effectively addressing legislative gaps requires a comprehensive approach. This includes establishing mechanisms for continuous legislative monitoring, developing civil society-initiated protection formats, proactive lawmaking to ensure regulatory fairness, prompt legislative recognition of new rights categories, and adapting the legal framework to external challenges. It emphasizes that state sovereignty is a prerequisite for effective human rights protection, enabling the development of legislation aligned with national interests and constitutional principles.



Local self-government in a unified system of public authority: the evolution of legislation and legal innovations
Abstract
This study examines the legal essence of local self-government through the prism of its integration into a single system of public authority in the modern Russian Federation. The organizational and substantive independence of local government bodies proclaimed by the Constitution of the Russian Federation has been repeatedly refracted in the Russian regulatory system, judicial practice and scientific discourse, transforming as a result of the consistent evolution of the idea of public authority. The new legislative basis laid down by Federal Law No. 33-FZ of March 20, 2025 "On General Principles of Organization of Local Self-Government in a Single System of Public Authority" has enshrined a qualitatively different way of legal existence of local self-government - as a component of state-municipal symbiosis, subordinated to the logic of centralization and managerial unification. Analyzing the genesis, doctrinal approaches, constitutional and legislative transformations, the authors reveal the modern content of the legal nature of local self-government, highlight the main trends in the development of legislation on local self-government, and identify prospects for the development of a new model of local self-government.



Public-private partnership agreement as a type of administrative contract: conceptual foundations
Abstract
The purpose of the study. The article examines the conceptual issues of the administrative and legal nature of the public-private partnership agreement. Conclusions. The conducted research established that the public-private partnership agreement is a type of administrative contract, because: public relations constituting the public-private partnership form the area of regulation by the norms of administrative law and the implementation of public administration; the subject composition of the parties to the agreement is represented by formally equal partners, one of which is always a person endowed with state (public) powers (the public partner as a public entity); the subject of the agreement is the performance of a set of actions on the creation (construction and (or) reconstruction), operation and (or) technical maintenance in relation to the object of the agreement, which is the sphere of public interest and control, while within the framework of the management of this property, the subject of the agreement may be not only the performance of public works, but also the production and sale of public goods, the provision of public services; the performance of a publicly significant task is delegated to the private partner through the successive issuance of administrative acts and the conclusion of an administrative contract, mediating organizational, control and coordination relations; the implementation of public interest allows for the prerogative of a public subject.



Public law status of the bank of Russia as the operator of the digital ruble platform
Abstract
The purpose of the research. This article examines the public law status of the Bank of Russia in the context of developing and introducing a central bank digital currency (CBDC)—the digital ruble—in Russia. It analyzes whether the Bank’s new role as operator of the digital ruble platform aligns with its statutory objectives. The study aims to identify key features of the Bank’s legal status as a unique entity within the system of state authorities and to assess changes resulting from its expanded operational responsibilities. Results.The research reveals the hybrid nature of the Bank of Russia, combining attributes of both a state body and a special legal entity. It highlights potential conflicts of interest arising from the Bank acting simultaneously as regulator and market participant in the CBDC ecosystem. Key legal challenges in regulating the issuance and circulation of the digital ruble are identified, along with proposals for their resolution. Particular attention is given to the need to define the digital ruble as legal tender, ensure data privacy protections, and address provisions allowing the Bank of Russia to unilaterally amend digital ruble account terms.



Digital law: strategies for promoting legal education programs in the age of social media
Abstract
Problem Statement. In the context of rapid digitalization and transformation of educational landscape, the issue of effective promotion of legal educational programs in social networks becomes particularly relevant. This research presents comprehensive analysis of modern digital marketing methods and tools applicable to promoting legal educational products. Innovative approaches to content creation are examined, including podcasts, case championships, hackathons, and collaborations with prominent legal community representatives. Special attention is given to integrating current legal issues related to digital technology development into educational content.
Materials and Research Methods. The research is based on analysis of contemporary practices in promoting educational programs on social networks, studying cases of leading Russian law schools and educational platforms. Content analysis, comparative analysis methods, and empirical observation methods of audience engagement dynamics in various educational content formats were applied.
Results. Most effective strategies for promoting legal educational programs were identified, key success factors in creating viral legal content were determined, recommendations for integrating modern digital trends into educational process were formulated.
Discussion. Development prospects of educational marketing in legal sphere are discussed, risks and opportunities of using innovative educational content delivery formats are analyzed, ethical aspects of legal education promotion in social media are examined.



Private Law (Civil) Sciences
On the control of the administration of insolvency proceedings in the context of trends in the development of bankruptcy of enterprises
Abstract
Using the example of provisions of Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” and Draft Law No.1172553-7, as well as provisions of foreign legislation (France, USA) and doctrine and judicial practice, the author considers control of the administration of insolvency proceedings in the context of the trends in insolvency development. Along the way, corporate control becomes a subject of attention. The author starts with a subjective-objective approach to the world, using the dialectical method and other general and specific scientific methods such as comparative and historical analysis, synthesis and others. The result of the work, among other things, is the conclusion that a pro-debtor approach in insolvency (bankruptcy) law, which focuses on saving the debtors' businesses, and not just on satisfying creditors' demands, echoes which we can see from time to time in court decisions, in our opinion, requires a radical rethink of the classical understanding of bankruptcy management and the role of arbitration administrators and other participants in bankruptcy proceedings. The priorities of the control of the administration of insolvency proceedings should shift away from a credit-centric model where the main goal is to satisfy creditors as quickly as possible through liquidation. Such a control should become an instrument for achieving a balance of interests. The role of the arbitration manager (AM) needs to be transformed from a creditor-oriented role, when the arbitration manager is primarily seen as an agent for the creditors' meetings, fulfilling the wishes of these meetings to maximize current payments by reducing its task to inventorying property, valuing it and selling it, to understanding AM as a crisis manager/restructurer. This requires: 1) a revision of the authority of the arbitrator, who is severely limited in his ability to save a business without approval from the creditors meeting in terms of expansion, 2) moving the “risk zone” for AM, where its main risk is the dissatisfaction of the creditors due to insufficient payments, and 3) an increase in the role of courts, etc. Practical examples of applying this approach are shown. Legislation amendments, including those based on international experience, are suggested.



The system of property rights: possible options for composition at the current stage of civil legislation development
Abstract
The article presents various doctrinal approaches to the systematization of property rights. The Russian doctrine presents various classifications of property rights, while using different criteria, due to the lack of unity regarding the list and content of limited property rights. Moreover, in most cases, the authors proceed from the openness of the list of limited property rights. The most common position in modern doctrine is the systematization of property rights depending on the content of property rights.
The analysis of the classifications of property rights presented in the article showed the absence of uniform criteria when building their system. Within the framework of each of the proposed classifications, the authors group property rights in one way or another depending on the subject of property law, the transferred powers, the object of property law, or the purpose of the existence of law – that is, different criteria are used within the same system, which leads to a mixture of different phenomena, and this in turn destroys the whole systematization and deprives it of any (both practical and theoretical) meaning.
As a result of the conducted research, a two-stage (vertical) system of property rights is proposed in the article.



Digital state plan ("Gosplan"): key parameters, approaches to legal regulation, the need for modeling, challenges and prospects
Abstract
From the perspective of analyzing the idea of preparing a unified digital planning model, the digital State plan proposed by experts from the scientific and educational community and discussed by practitioners is examined in the article. The article touches upon the main parameters, approaches to legal regulation, the need for prototyping, and challenges and prospects for the development and implementation of this idea. The work uses dialectical and other general and specific scientific methods, such as comparative legal analysis, historical analysis, synthesis, and others. The author notes that the idea for creating an automated system for collecting and processing data for accounting, planning, and managing the national economy (OGAS) was discussed in the USSR but was not implemented at that time. The text outlines the contours of Russia's strategy to gain technological independence by reducing dependence on foreign technologies and ensuring information security and control including the introduction of a digital ruble and legal regulation of platform economies, the commissioning of domestic messengers such as Max, etc. to implement the idea discussed. Examples of foreign models (of the EU, USA, China) for achieving an effect similar to that stated are given. The author reveals the theoretical basis for the idea of digital State plan and emphasizes that the experience of the USSR in creating and launching products, working with ministries, scientific and production associations, and defining industry and technical specializations is useful. The author emphasizes the aspects of the possible use of digital State plan in planning at the present stage saying that the State plan will no longer dictate strict requirements but rather act as a coordinator and assistant providing support through government orders, tax incentives, investment support, quality regulation, and standards. The prospect of using algorithms and artificial intelligence systems based on the digital State plan, through integration, for example, by way of synergy between inter-departmental interaction and other interactions (between enterprises and government agencies, etc.), is shown. A number of recommendations are provided for implementing the digital State plan.



Administrative liability of an individual entrepreneur for violation of labor legislation: theoretical and legal aspects
Abstract
For the first time in the science of labor law, the article examines the administrative responsibility of a person engaged in entrepreneurial activity provided for in Articles 5.27 and 5.27.1 of the Administrative Code of the Russian Federation without the formation of a legal entity, during which some of its problems were identified, which set the author the task of resolving the issue of the legality of consolidating this responsibility in the specified standards. Since this person (an individual entrepreneur), as follows from the above articles, is administratively responsible for violating labor laws, the work analyzes his norms such as Parts 1, 4, 5 and 7 of Articles 20, Article 22 of the Labor Code of the Russian Federation, as a result of which it is concluded that it is impossible to recognize him as a subject of administrative responsibility for the commission of labor offenses. Art. 2.4 The Administrative Code of the Russian Federation, which identified the legal categories of "official" and "individual entrepreneur", which made it possible to establish the inability of the person in question to be personally responsible for violating labor legislation in accordance with the norms of the Administrative Code of the Russian Federation. Based on all of this, the author considers it necessary to exclude from Articles 5.27 and 5.27.1 the reference to a person engaged in entrepreneurial activity without forming a legal entity.



The content of the constitutional and legal concept of "public policy" for the purposes of enforcing or cancelling an arbitral award
Abstract
It is considered that the concept of ‘public policy’, as defined in the Arbitration Procedural Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation, is presented as an example of the constitutionalisation of a branch norm. Despite the argument for the inclusion of fundamental principles in the Constitution of the Russian Federation, it remains challenging to identify examples of such fundamental principles of the Russian legal framework. To determine the fundamental principles, various scientific theories have been studied, including the axiological theory, which is associated with a certain hierarchy of constitutional norms, which, for example, depend on their social significance (for example, the value of rights and freedoms of citizens or the importance of a federal state). In a different approach, the unity of constitutional norms is recognized and it considers fundamental legal principles as in the whole constitution or a majority of constitutional provisions. The paper proceeds to analyze the strengths and weaknesses of the axiological theory. The search for an applicable methodology for determining fundamental legal principles (and consequently the content of ‘public policy’) depends on the selected approach to defining such factors as ‘constitutional identity’ and the socio-economic structure of society. The author also asserts the importance of studying the content of the concept of fundamental legal principles’ in the field of Russian law.



Criminal Law Sciences
Application of digital technologies (artificial intelligence) in the activities of law enforcement agencies
Abstract
The subject of this article is the state and dynamics of existing threats to information security, factors influencing their formation, methods of countering used in domestic and foreign practice, and systems of national and foreign legislation that form the basis for countering these threats. The relevance of the research topic is ensured by the fact that the fourth scientific and technological revolution is currently taking place, which is characterized by the development of information and telecommunication technologies. Robotics is developing, global cyberspace is being created, in a word, global computerization of human life is taking place. The purpose of the article is to study the problematic aspects of the national system and systems of foreign countries to ensure the security of individuals, society and the state in the context of global digitalization, and to make proposals to improve the functioning of the above–mentioned systems. The conclusion of the article is devoted to the need for active development and implementation of new ways and methods of ensuring international information security.



Financing of extremist activity: the features of the actus reus of the 282.3 of the criminal code of the Russian Federation
Abstract
The high degree of latency, the variety of channels for financing extremist activities, and the difficulty of distinguishing between facilitating terrorist activities have led to a rather low law enforcement effectiveness of Article 282.3 of the Criminal Code of the Russian Federation since its introduction in 2014.In this regard, the issue of a detailed examination of the content of the object and the objective side of the crime is relevant. The article pays special attention to the definition of the generic, specific and direct objects of the act in question, as well as the relevance of a broader understanding of the subject of this crime, which includes not only money and material support., including in the form of bank loans, as well as other property or services intended for the existence of an extremist organization, including payment for access to the Internet in order to post materials calling for extremist activities.
The issue of the end of financing extremist activities is debatable in the doctrine. The formal construction of the corpus delicti of Article 282.3 of the Criminal Code of the Russian Federation creates significant difficulties in establishing the time limits for the start of fundraising for financing extremism, which negatively affects law enforcement effectiveness.



Criminological portrait of a cybercriminal: domestic and foreign experience
Abstract
The study focuses on criminological and psychological characteristics shaping the portrait of a cybercriminal in the context of digital transformation. The aim is to identify universal and nationally specific traits of offenders in cyberspace through comparative analysis of Russian and international experience. Relevance stems from the exponential growth of cybercrime (up to 25% annually according to Russian MVD data) and its transnational nature. It is established that 68% of cybercriminals are individuals under 35 with advanced technical skills but reduced socio-ethical competencies. The conclusions emphasize the need for proactive criminological models integrating artificial intelligence for behavioral forecasting.



International Legal Sciences
Theoretical and legal understanding of the features of ensuring external security in the context of countering crime
Abstract
Ensuring external security of the Russian state is a complex and multifaceted activity that is carried out not only by government bodies, but also by civil society institutions, organizations and citizens. In the context of combating crimes that infringe on the external security of the Russian Federation, the use of measures of various natures (political, legal, socio-economic and others) is significantly updated, since its effectiveness is associated with the implementation of a comprehensive impact. Attention is focused on the features of ensuring external security, identified on the basis of a study of existing theoretical and legislative approaches to this functioning.



Export control of the Russian Federation and changes in its legal regulation in the period 2014–2024 years
Abstract
The article is devoted to the analysis of the export control system in the Russian Federation, its role in ensuring national security and protecting the interests of the state in conditions of active foreign economic activity. The author emphasizes the importance of export control as a mechanism to prevent the export of goods and technologies that may threaten Russia's security or violate international obligations. The text focuses on issues related to both international and national export controls on weapons of mass destruction (WMD) and other dangerous goods. The changes in this area of regulation that have occurred against the background of a Special military operation and pressure from Western countries are being discussed. It examines how the Russian Federation interacts with international export control regimes, including organizations such as the Nuclear Suppliers Group, the Zangger Committee, the Wassenaar Arrangement, and the Australia Group. These interactions are aimed at improving the effectiveness of combating the spread of sensitive technologies. Regulatory legal acts, the structure of the Russian export control system, as well as the role of government agencies in its regulation are analyzed. Special attention is paid to the problem of the lack of a common legal framework in the Eurasian Economic Union (EAEU) for Russian exporters. Key aspects are highlighted, such as the need to obtain special export permits, monitoring the fulfillment of export license conditions, and liability for violations. The author identifies a number of problems faced by participants in foreign economic activity. These include excessive bureaucracy, lack of information, and excessive oversight by government agencies. In conclusion, the importance of reforming the export control system is emphasized in order to make it more effective and reduce administrative barriers. This, in turn, will create more favorable conditions for domestic suppliers and help ensure national security in modern economic realities.



Legal conflicts in the definition of the concepts of "computer information", "digital information" or "electronic data"
Abstract
The purpose of the research. The article explores international and domestic legal norms of the Russian Federation and the CIS countries, indicating adherence to the term "computer information". Results. The similarity of national sources of criminal legislation of the CIS countries is primarily due to a model document developed in the Commonwealth, which is not mandatory, which was demonstrated by the analysis. In the main part of this study, the positions of scientists on the separation of the current right from the actual use of information without reference to specific computer devices are clearly expressed. The term "digital information" is not used in applicable law, but is widely used in science, the media and in international business communication. The adoption of the Convention against Cybercrime 2024 leads to the need to revise the possibility of applying the term "electronic data". In essence, the terms "computer information" and "electronic data" can be simultaneously applied in international and national law. However, the formation of a single conceptual apparatus for the BRICS member countries can contribute to the full achievement of the goals of cooperation in the fight against crime and harmonize national legal systems, supporting the idea of multipolarity.



Comparative legal analysis of law-making procedures in the EU and the EAEU
Abstract
The article examines the problems of lawmaking within the framework of international integration associations using the example of the European Union and the Eurasian Economic Union. The specifics of lawmaking procedures in the EU and the EAEU are analyzed. The purpose of the study is a comparative legal analysis of the lawmaking process in the EU and the EAEU, identifying specific features of the relevant procedures, as well as formulating an approach to their classification. As a result of the study, it is stated that it is possible to distinguish two types of lawmaking procedures in the EU and the EAEU: institutional and contractual, depending on the legal nature of the final act adopted within their framework. Specific characteristics of the lawmaking process in the EU are noted, which is characterized by the principle of coordination of the activities of key lawmaking institutions, in contrast to the EAEU, where the system of governing and decision-making bodies is built on a hierarchical principle. Based on the results of the analysis, proposals were formulated to improve the law of the EAEU in terms of law-making procedures, and the entire set of rules governing the adoption of regulatory legal acts within the framework of the integration associations under consideration was proposed to be allocated to a separate inter-branch institute in the law of the EU and the EAEU.


