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Vol 13, No 2 (2026)

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Artificial intelligence technologies as a tool for the objectivization of the application of law in criminal proceedings

Timoshenko A.A.

Abstract

The article examines artificial intelligence technologies as a potential tool for the objectivization of the application of law in criminal proceedings. The author defines the concept of objectivization and analyzes the key obstacles to achieving it by algorithmic means (the crisis of trust in digital evidence amid the development of generative technologies, the opacity of machine-learning models, and the problem of liability allocation); particular attention is devoted to the absence of a sector-specific legal definition of artificial intelligence in criminal procedure legislation and to the related difficulties of classifying the output of algorithmic systems within the system of evidence. The author assesses the applicability of foreign, primarily Chinese, experience. The author also focuses on European approaches to regulatory and ethical frameworks for such technologies in the judicial and law enforcement field, as well as on illustrative examples from foreign case law. The work also examines the prospects for building analytical models of prosecutorial supervision inspections based on identifying typical risk areas from previously conducted activities. The author argues that artificial intelligence is capable of objectivizing law enforcement processes but cannot replace the value-based legal assessment inherent in an official. Proposals are also formulated for establishing a party to the proceedings' right to an explanation of an algorithmic output and for extending liability to the developers of such systems under the principle of a source of heightened danger. The article also presents current data on the state of implementation of such technologies in the activities of Russian courts.

Russian Journal of Legal Studies (Moscow). 2026;13(2):5-11
pages 5-11 views

The evolution of the meaning of law in the contemporary digital reality

Gavrilova Y.A.

Abstract

This article examines the evolution of the meaning of law in the rapidly changing digital environment. Specialized studies of the meaning of law are almost nonexistent in Russian jurisprudence, since the meaning of law itself is treated in legal doctrine as the essence and content of law. Moreover, lawyers do not conduct separate studies of the meaning of law in the digital environment, but there is an urgent need for this, related to defining the place of digital technologies in human life and their legal regulation. These issues require not so much a dogmatic review as a socio-legal and philosophical-legal, and, more broadly, comprehensive analysis, which accounts for the relevance and novelty of the study. The article establishes the relationship between, on the one hand, the transformation of the language of law and legal culture in the digital environment and, on the other hand, the dynamics of the meaning of law; it examines the interface between legal and technological regulation, including the key issue of translating natural legal language into machine-readable language; and it explores special metaphorization techniques, a template-based approach, and digital "doubles." The article concludes with the basic requirements for the conceptual framework of the meaning of law of the future digital society: the moral justification of law, anthropocentrism, civilizational multipolarity, and effective communication between humans and machines.

Russian Journal of Legal Studies (Moscow). 2026;13(2):13-22
pages 13-22 views

Electronic fraud: problems of law enforcement practice and ways to address them

Prokhorova E.N., Blinov N.S.

Abstract

In the context of rapid digital transformation of the economy and society, electronic fraud is becoming especially relevant as one of the most common and socially dangerous types of cybercrime. The scientific novelty of the research lies in the systematization and critical understanding of modern problems of law enforcement practice in cases of electronic fraud, as well as in the formulation of the authors' concept of improving criminal procedural mechanisms of investigation. The research methodology is based on a dialectical approach to the study of legal phenomena, the use of general scientific methods (analysis, synthesis, induction, deduction, comparative legal method) and particular scientific methods of legal science (formal-legal, systemic-structural, statistical, and legal modeling). The empirical base consisted of statistical data from the Ministry of Internal Affairs of the Russian Federation, the Prosecutor General's Office of the Russian Federation, case law materials of the Supreme Court of the Russian Federation, as well as data on foreign approaches to the regulation of liability for electronic fraud. This study aims to identify key problems of law enforcement practice in cases of electronic fraud and to develop proposals to address them. As a key mechanism for countering electronic fraud, the authors propose adopting legislative amendments that would eliminate contradictions between criminal procedural and banking legislation.

Russian Journal of Legal Studies (Moscow). 2026;13(2):23-28
pages 23-28 views

Theoretical and historical legal sciences

Professional ethics of a judge: legal nature and implementation mechanism

Kunitsina O.A.

Abstract

The article examines the legal nature of professional ethics of a judge and the mechanism of its implementation in the Russian legal system. Based on a comprehensive analysis of the Code of Judicial Ethics and the Law of the Russian Federation On the Status of Judges in the Russian Federation, the article examines the system of moral requirements imposed on judges and candidates for judicial office. The author draws on the theoretical developments of leading Russian scholars in the field of judicial ethics and explores the historical-cultural and philosophical foundations of the moral principles of Russian justice. The article highlights the terminological uncertainty of key ethical categories in judicial ethics, as well as issues of distinguishing between disciplinary and ethical liability of judges. It also examines the role of the Commission of the Council of Judges of the Russian Federation on Ethics in shaping a uniform practice of applying ethical provisions. Special attention is paid to the impact of digital transformation and the use of artificial intelligence on ethical standards in the administration of justice. The necessity of retaining judicial oversight in judicial decision-making is substantiated. Proposals for improving the process of selecting candidates for judicial office are formulated and substantiated. The author concludes that compliance with the rules of conduct set forth in the Code of Judicial Ethics is a necessary condition for the realization of citizens' constitutional right to fair justice.

Russian Journal of Legal Studies (Moscow). 2026;13(2):29-36
pages 29-36 views

Rationality of justice: problems of legal understanding and enforcement

Astafyev A.Y.

Abstract

This article analyzes various aspects of judicial rationality. Being a complex and multidimensional concept, judicial rationality is a discursive phenomenon that should be considered in the dynamics of its development. Since many norms, due to the specifics of their wording, are initially open to interpretation, the rationality of law enforcement is linked to the problem of understanding the law, its open texture, according to H.L.A. Hart’s terminology. At the same time, the rationalization of judicial discretion, necessary for the correct understanding and interpretation of norms, is achieved through the proper justification of the judicial decision. As the author points out, law enforcement is a “reading into” of the open texture of the law, clarifying it, and refining the boundaries of the law’s rationality. In other words, law enforcement rationality is «built» on the legislative rationality. The interpretation of facts and the analysis of the contextual applicability of norms are important to judicial decision-making. Hence, the importance of law enforcement methodology and justification techniques as a part of it. The paper addresses the legal and non-legal sources of judicial rationality and touches on issues of predictive judicial analytics. The author emphasizes that the use of modern technologies for studying judicial practice, including artificial intelligence tools, enables a more profound understanding of the phenomenon of judicial rationality. The author clarifies the content of the concept of judicial rationality and offers a new perspective on its examination.

Russian Journal of Legal Studies (Moscow). 2026;13(2):37-42
pages 37-42 views

Public law

Tax law autonomy: concept, legislative proviso, and harmonization of tax law with civil law

Karaseva M.V.

Abstract

This article examines the legal category of tax law autonomy. In the current context, this topic appears highly relevant and thoroughly underexplored in terms of analyzing the relationship between tax law and civil law. The author emphasizes that tax law autonomy is paired with the legal category of civil-law determination of tax law. Tax law autonomy takes three forms. Attention is focused on the analysis of the legislative proviso set out in paragraph 1 of Article 11 of the Tax Code of the Russian Federation and harmonization of tax law with civil law set forth in a number of Rulings of the Constitutional Court of the Russian Federation. Tax law autonomy is analyzed through tax-legal terms and tax-legal institutions adapted from civil legislation. Attention is drawn to the fact that civil-law concepts can also be transformed in tax law through special legal terms. Tax law autonomy is also manifested through intersectoral agreements within the civil law–tax law system. In this context, tax law autonomy intersects with harmonization of tax law with civil law. In general, tax law autonomy takes three forms: a) in the form of a legislative proviso contained in paragraph 1 of Article 11 of the Tax Code of the Russian Federation, b) in the form of a proviso in Rulings of the Constitutional Court of the Russian Federation concerning harmonization of tax law with civil law; c) in the form of legal mechanisms for autonomy derived from an analysis of taxation and charges legislation. Particular attention is given to the special characterization of transactions for tax purposes. However, the latter form of autonomy is not examined in detail in this article.

Russian Journal of Legal Studies (Moscow). 2026;13(2):43-50
pages 43-50 views

General signs of incentives and restrictions in certain branches of public law

Bobkova L.L.

Abstract

This article analyzes the features of public law and their influence on the formation of public-law incentives and public-law restrictions in specific branches of public law. For these purposes, the works of renowned scholars in the field of public law were analyzed and conclusions were formulated regarding the general characteristics of public law as a functional-structural subsystem of law. Based on this analysis, the author conducted a study in the field of specific branches of public law with a view to identifying common features of public-law incentives and restrictions. For these purposes, the algorithm of general characteristics of public law was borrowed, which includes organic, formal, teleological, and material criteria, and were taken into account when characterizing the common features of public-law incentives and restrictions. Notably, the study of public-law incentives and restrictions in various branches of public law is based on a specific algorithm, which first examines the general characteristics and then the special features of the phenomena under analysis. In this research algorithm, the author particularly identifies pairs of legal categories that are formed in public-law branches under the influence of the method and the subjects being incentivized, to whom they are addressed. This approach allowed the author to draw conclusions about the common features of public-law incentives and restrictions in specific branches of public law.

Russian Journal of Legal Studies (Moscow). 2026;13(2):51-59
pages 51-59 views

Criminal law

Defense counsel participation in criminal proceedings

Troynina I.S.

Abstract

In accordance with the Constitution of the Russian Federation, everyone is guaranteed the right to qualified legal assistance. This issue is of particular relevance in criminal proceedings because during criminal proceedings, measures of state coercion are applied to certain participants in the process, both during pretrial investigation and at trial. Such participants include individuals suspected or accused of a crime. According to criminal procedural legislation, a suspect and an accused person are guaranteed the right to defense, which they can exercise personally or with the assistance of a defense counsel. This article addresses controversial issues concerning the participation of a defense counsel, their procedural status, powers at different stages of the criminal process, as well as the effectiveness of exercising the right to defense. The article also examines the legal basis of defense counsel's activities, their interaction with other participants in the process, as well as the problems and prospects for improving the institution of the defense. Based on an analysis of criminal procedural law and judicial practice, issues concerning the participation of appointed defense counsel are identified. The article also examines the procedure for a defense counsel to perform their professional duties based on a legal services agreement between a defense counsel and a client. The author examines controversial issues regarding the participation of close relatives or other persons as defense counsel at the request of the suspect or accused.

Russian Journal of Legal Studies (Moscow). 2026;13(2):61-66
pages 61-66 views

International law

On the question of the constitution and state power in Great Britain

Chipiga I.V.

Abstract

The British Constitution has been of interest to the scholarly community for several centuries. The relevance of the article is particularly heightened given the information aggression of the British elites against Russia and their accusations of opacity of law, irremovability of power, and violations of rights and freedoms. In view of this, it is interesting to examine how determinate and democratic the law in Great Britain is. The combination of archaic acts, modern regulatory legal norms and customs, judicial precedents, and scholarly provisions creates difficulties in legal understanding. The form of the constitution is characterized by an unsystematic nature; moreover, this characteristic applies to all English law. The constitution contains statutory law and case law, and the works of authoritative legal scholars, who are also a source of constitutional law or part of the British Constitution, are of particular interest, but there is no official list of such legal scholars. There is also no list of normative legal acts that constitute the constitution, so it is formed by various politicians, officials, and legal scholars. At the same time, the majority believes that the normative legal acts adopted starting with Magna Carta (1215) and the Petition of Right (1628), which regulate the foundations of the state and key rights and duties, constitute the constitution. As for the statement "the monarch reigns but does not rule," it does not fully correspond to reality, given the extensive powers with which the monarch is endowed. The uncertainty in the legal field helps the monarch and the lords to retain control over the state, preserving a caste-based society.

Russian Journal of Legal Studies (Moscow). 2026;13(2):67-72
pages 67-72 views

The West's failure to implement the Minsk Agreements as the main reason for Ukraine's loss of its territorial integrity

Karaman A.A.

Abstract

This study aimed to prove a direct link between the failure of the so-called collective West to implement the provisions of the Minsk Agreements, which Russia insisted on, and the subsequent events that led to the loss of Ukraine's territorial integrity. The subject of the study is the historical events, the actions of Vladimir Putin and Russian government authorities in 2014–2015, the legal relations that arose as a result of the signing of the Minsk Agreements, to which those actions led, as well as the efforts of the President of Russia in subsequent years to implement the provisions of the Minsk Agreements. During the work on the article, general scientific and special research methods were used: historical, systemic, analytic and synthetic, logical, comparative, and others. As a result of the study, it was established that Russia consistently and firmly advocated for the implementation of the Minsk Agreements. It was the implementation of the Minsk Agreements, which provided for the decentralization of power in Ukraine while respecting the cultural, social, civil, and political rights of the Russian-speaking population of Donbass, that could preserve the territorial integrity of Ukraine. In contrast, France and Germany delayed the implementation of the Minsk Agreements with the aim of creating bases of the North Atlantic Treaty Organization on the territory of Ukraine and supplying it with Western military equipment, which forced Russia to recognize the Donetsk People's Republic and the Lugansk People's Republic.

Russian Journal of Legal Studies (Moscow). 2026;13(2):73-85
pages 73-85 views