THE TOPICAL ISSUES OF MODERN CIVILIZATION
Introduction. The article examines the understanding of the image of the future of Russia as a key element of the political, economic and legal system of the state and the main ideological orientation of state building, which determines the semantic content of the national and international vector of development. In the context of modern challenges of the era of globalization and the inevitable transformation of the world order, the image of the future is necessary to preserve national identity and ensure the safe and effective functioning of all spheres of society, including government institutions. The vision of a common future has historically been transformed, but its modern understanding indicates a partial disorientation and fragmentation of Russian society, which poses a potential threat to the multiethnic and multicultural unity of the state, traditional values and the Russian way of life. Which path the new generations of Russia will take in the 21st century depends on the image of the future, the responsibility for choosing which lies on the shoulders of the current leadership of the country.
Materials and methods. The methodological basis of the research was made up of the following general scientific and special methods: the method of system analysis; the analytical method; the institutional method; the historical method; civilizational and identitarian approaches, as well as statistical methods of scientific research.
The results of the study. The authors analyzed the specifics of understanding the image of the future of Russia and the historical evolution of its vision in the Russian Empire, the USSR and the modern Russian Federation. The main elements of the formation of a vision of the image of the future, their interrelation, evolution and the problems of implementing such a policy at the state level in modern Russia are revealed. The results obtained allow us to conclude that there is a systemic crisis of ideological orientation in the political sphere, which undermines the independence, integrity and identity of the Russian Federation and the entire post-Soviet space. At the same time, it is argued that the formation of one's own image of Russia's future should be a natural continuation of national identity, taking into account the historical heritage and cultural code of the "Russian world".
Discussion and conclusion. The systemic crisis of Russia's image of the future is caused by the collapse of the policy of the Communist Party of the Soviet Union and the failure of the liberal New Russia project, which has failed to formulate and justify its goals. In the context of the gradually growing disillusionment with the Western model of liberal democracy in international relations, the issue of finding one's own path has become relevant again. A common vision of the future is the most effective means of setting long-term goals and objectives, as well as exclusive methods of achieving them, ensuring moral and political stability, independence and identity of the state. At the same time, national identity is one of the key factors of the nation's competitiveness and a fundamental component of the image of the future in the era of globalization.
Introduction. It seems quite obvious that the construction of a multipolar world today is the only opportunity to create a fair world order that will allow overcoming the crisis of modern models and methods of development, and will also give a new powerful impetus to the effective and guaranteed implementation of the national interests of the Russian state. However, if the impact of the transition to a multipolar world order on political, financial, economic, socio-cultural and other processes is quite actively studied and assessed, the nature and extent of the impact of this process on the legal system of Russia remains outside the scope of a broad and deep discussion of legal scholars, which impoverishes the modern legal doctrine.
Materials and methods. In preparing this work, both general scientific and private law methods were used, among which the most actively used were dialectical, logical, formal-legal, legal modeling methods, etc. Particular attention was paid to the systemic-structural approach, which made it possible to integrate the dynamics of the transformation of various legal institutions within the framework of one “common denominator” - the legal system of Russia.
The results of the study. The paper substantiates the author's position that the formation of a multipolar world is a key factor in the transformation of the Russian legal system, largely determining the vector of the state's legal development. The point of view is argued that it is not the globalization processes as such, but the transition to a multipolar world that repeatedly actualizes the importance of studying the civilizational and cultural identity of the Russian legal system, radically changing the methodological approaches to its research.
Discussion and conclusion. The key vectors of the impact of the transition to a multipolar world order on the Russian legal system are highlighted. It is emphasized that the Russian legal system is experiencing both an essential-substantive and a formal change associated with the need for a prompt response to new realities arising in connection with the titanic efforts that the state is making to build a multipolar world and protect its national interests.
LAW IN THE PRESENT-DAY WORLD
Introduction. The article analyzes the problems associated with cooperation in the law-making sphere of state and public structures. Meanwhile, the subject of the study is public authorities and civil society institutions as subjects not only of the law-making process, but also of the formation and implementation of legal policy. Due to this, the article examines the concepts of legal policy and legal co-creation of the state and society, their interrelationships.
Materials and methods. Using historical, comparative legal and formal legal methods, the advantages and disadvantages of establishing mechanisms for interaction between state and public structures in such doctrinal political and legal acts as the Concepts of Legal Policy of the Republics of Kazakhstan, Kyrgyzstan, Tajikistan and Belarus were identified.
The results of the study. In the process of the research it was taken into account that in the most concentrated form the legal policy of the abovementioned countries is manifested in the Concepts of such policy adopted by them, which also express various aspects of the participation of civil society institutions in the management of state affairs (primarily in the sphere of lawmaking). As a result of the analysis it was revealed that, despite the different levels, they are largely united by the following: in these doctrinal documents, political and legal acts to a greater extent only declare the need for citizens to participate in the management of the state, while in fact, everything is limited to support and control, and there is no full-fledged interaction yet. This also applies to Russia, because in general the results of the analysis of our regulatory framework allow us to conclude that the regulation of communication is carried out in two independent directions, with a predominance of the processes of influence from the authorities on civil society, rather than interaction.
Discussion and conclusion. It is proved that in the modern conditions of the formation of a multipolar world, the state and civil society institutions in the above-mentioned countries and Russia, in order to act as a single organism and be effective, must cooperate to the maximum extent. A specific form of cooperation is the legal co-creation of the designated structures. Therefore, the current demand for a special detailed and systemic legal regulation of these issues is substantiated, which will allow citizens and their associations to participate more actively and with interest in the management of common affairs.
Introduction. The ideological confrontation of Russia with the "collective West" and the "turn to the East" imply the strengthening of traditional values of its own legal system, as well as a comparative study of the sustainable diversity of law in the countries of the East. It calls for specific studies of particular jurisdictions, but also it requires reflection on the very subject of knowledge through the prism of a multipolar world.
Materials and methods. This problem involves turning to current domestic and foreign scientific literature on the methodology of synchronous and diachronic comparison, as well as its critical analysis using the tools of intellectual and global history.
Research results. According to the author, the main subject of studying the sustainable legal diversity of "non-Western" legal systems should not be law, legal culture or civilization, but rather legal tradition in the sense of an analytical model from the following components: 1) agents of the tradition, 2) forms of law, the basis for its understanding, interpretation, application, 3) typical institutions in the most important areas of legal regulation.
Discussion and significance. The specified model of legal tradition makes it possible to diachronically compare foreign law, explain and classify its diversity based on the ideal types of law in history. This opens up the prospect of cooperation between legal history and comparative law.
Introduction. The development of international economic cooperation has led to an explosive growth in international trade, which, in turn, has led to the circulation of goods from various manufacturers around the world, as well as the need for States to regulate the turnover and import of these goods in order to protect the interests of trade participants.
The article is devoted to the analysis of the legal regulation of parallel imports in the context of unilateral restrictive measures (the so-called "economic sanctions"). In addition, it provides a comparative analysis of certain aspects of the legal regulation of the topic under study in the legislation of Russia and the United States, as well as in WTO law and examples from judicial practice. In addition, the issue of the legality of parallel imports is also conditioned by lengthy discussions regarding the choice of the optimal principle of exhaustion of the exclusive trademark right in the territory of the Eurasian Economic Union.
Materials and methods. In the course of writing the work, such methods of scientific knowledge as analysis, synthesis, generalization, analogy, and forecasting were used. Foreign and Russian scientific articles, judicial practice of Russia and the USA were used as research materials.
Results of the study. The experience of other countries suggests that legalizing the "parallel import" of all goods without exception is not impossible. In these circumstances, an objective assessment of the economic feasibility of legalizing parallel imports in Russia is necessary.
At the same time, the definition of the concept of "parallel import" in international legal documents will serve as a normative understanding of its legal nature and will allow it to be distinguished from such a category as "gray import", as well as ensure a uniform approach to understanding its features and, as a result, prevent its merging with other forms of import.
The authors emphasize the need to consolidate the concept of "parallel import" at the international legal level in order to prevent its confusion with "gray imports" and ensure uniformity in legal regulation.
Discussion and conclusion. The study showed that in modern conditions of fierce competition between states in the global economic system, unilateral restrictive measures (economic sanctions) that have reached the level of exhaustion of exclusive trademark rights under the terminology of "parallel import" require the consolidation of these concepts at the international legal level. The judicial practice of States and the doctrinal research of scientists can play a key role in this.
Introduction. Antarctica, being a unique and resource-rich region, attracts the attention of many states. China is no exception. Its role in the development of international cooperation in Antarctica has increased significantly since China ratified the Antarctic Treaty in 1983. The article examines the role of China in the development of international cooperation in Antarctica. The goal of the study is to study the role of China in the development of international cooperation in Antarctica, China's relations with other Antarctic states, and the actions taken by China on the territory of Antarctica.
Materials and methods. The research methodology consists of the study and analysis of texts of international treaties, scientific publications, and statistical data. In the course of writing the work, a set of general scientific, formal-logical methods (including methods of cognition, description, analysis, induction, deduction, comparison, analogy, systematization, modeling) and special methods (formallegal, historical, comparative-legal, structural-legal methods; content analysis method, etc.) were used.
Results of the study. As a result of the conducted research, it was revealed that China is actively engaged in strengthening its position in the region, building new stations, and mining resources. However, some of China's actions are of concern to other states, as China is seen as a potential threat. Moreover, China's lack of a clear Antarctic policy may provoke conflicts with other states. The results of the study can be useful for governments, international organizations and research institutes dealing with international law issues.
Discussion and Conclusion. As China's presence continues to expand, its actions are likely to shape the future of international relations in the region. However, now China's role in making important decisions in Antarctica is not as significant as the role of such states as, for example, Australia and the United Kingdom. China needs to actively engage in dialogue with other states, which will avoid tension and contribute to the sustainable development of the region.
Introduction. Ensuring the right to migrate and creating decent working conditions for migrant workers is the key to improving the well-being of citizens of the EAEU Member States. Labor migration strengthens integration by creating strong social ties and developing civil society institutions. It should be taken into account that only the legislative regulation of common labor market without simplifying the technical side of its functioning will not be able to fundamentally affect the growth of the well-being of the population. In addition, the convergence of measures to regulate the socio-economic situation of migrant workers in the EAEU space cannot be considered as an end in itself to ensure common, unified regime at any cost, but should take into account Russian national interests. In the context of increasing external risks associated, among other things, with sanctions pressure, a policy of "small steps" that do not deeply intrude into the zone of national sovereignty will be more effective and, most importantly, feasible in the EAEU space. The article examines such issues as the legal basis for creating the common labor market of the EAEU, it provides an analysis of the national legislation of the EAEU Member States on such issues as legal regulation of access of workers to markets of the EAEU Member States, including access to services in the field of education, health care and pension provision.
Materials and methods. The study includes general scientific methods of cognition. Authors also use special methods, such as method of legal modeling, comparative legal analysis and several other methods.
As a result of the analysis of the legal regulation of labor migration at the integration and national levels, the authors formulate some conclusions regarding the integration cooperation of the Member States of the Eurasian Economic Union in the specified areas. The article notes both the achievements of Eurasian integration in terms of social security of workers and the problems of forming the common labor market of the EAEU. At the same time, despite the existing difference in the levels and types of services provided to migrants in the field of access to labor markets, medicine, education and pension provision, the national legal acts of all member states comply with the provisions of the Treaty on the Eurasian Economic Union, which grants workers the relevant rights. The final section provides proposals for strengthening and improving the common labor market of the EAEU.
Research results. As a result of the analysis of the legal regulation of labor migration at the integration and national levels, the authors formulate some conclusions regarding the integration cooperation of the Member States of the Eurasian Economic Union in the specified areas. The article notes both the achievements of Eurasian integration in terms of social security of workers and the problems of forming the common labor market of the EAEU.
Discussion and conclusion. Despite the existing difference in the levels and types of services provided to migrants in the field of access to labor markets, medicine, education and pension provision, the national legal acts of all member states comply with the provisions of the Treaty on the Eurasian Economic Union, which grants workers the relevant rights. The final section provides proposals for strengthening and improving the common labor market of the EAEU.
Introduction. The current article presents the results of the study concerning the system of sources of international cooperation in criminal matters in the State of Japan taking into account its polysystemic characteristics. Based on the examination of the modern state of the legal framework on international cooperation of Japan in criminal matters, the author considers the peculiarities of the legal regulation of its main fields: extradition, mutual assistance in criminal matters, transfer of proceedings in criminal matters, execution of judgments and sentences of foreign courts and international cooperation and judicial assistance to international criminal courts and tribunals.
Sources and methods. In conducting the research the author used the general scientific and special methods: synthesis, analysis, induction, deduction, dialectical, formal-legal, system-structural, and comparative-legal methods, as well as extrapolation and analogy.
Study results. The Author concludes that the legal regulation of international cooperation in criminal matters covers its main fields to a sufficiently complete degree and in detail. Furthermore, the international legal element is characterized, on the one hand, by the minimization of treaties, which, in the author's opinion, can be explained by Japan's dedication to maximize protection of state sovereignty and national interests from possible interference by foreign states. On the other hand, Japan participates in a large number of international conventions on combating certain types of crimes, which makes it possible to ensure large-scale cooperation in criminal matters. By signing and ratifying these treaties, Japan has not made any declarations or reservations limiting the use of their main provisions as international legal grounds for interstate cooperation in criminal matters. Japanese domestic legislation itself can be considered sufficient: it adequately regulates the activities of the competent authorities of Japan in this sphere.
Discussion and conclusion. As a conclusion, the author proposes an approach according to which, in the absence of treaties on cooperation in certain areas of international cooperation in the field of criminal proceedings, Russian-Japanese cooperation can be carried out based on the relevant international conventions of the Russian Federation, to which Japan is a party, the self-executing norms of which contain obligations of the parties to extradite persons accused of committing conventional crimes, on mutual legal assistance in cases involving such crimes and other fields, unhampered by Japan's reservations and declarations to such conventions or by the discretionary rules on the grounds for cooperation set out in them. Moreover, the peculiarities of the Japanese domestic legal regulation presented in this article should certainly be taken into account by the requesting party.
Introduction. The article analyses the legal limits of restrictions on human rights and freedoms in Latin America. Accordingly, the article examines the provisions of international legal instruments and the provisions of national constitutions on the terms of human rights restrictions. The article also examines the jurisprudence of the Inter-American Court of Human Rights on constitutional limitations to suffrage rights.
Materials and methods. The article examines the Universal Declaration of Human Rights 1948, the American Convention on Human Rights. The provisions of the Constitutions of Mexico, Argentina, Bolivia and Chile were also examined, and the practice of the Inter-American Court of Human Rights on the issue of restrictions on voting rights was also analyzed.
The research is based on the following methods - formal legal, logical, historical, comparative legal and systemic analysis. The use of the formal legal method helps to identify the meaning of international legal documents concluded in various periods and aimed at establishing human rights and freedoms. The logical method contributed to the understanding of the need for countries in Latin America to cooperate with each other in various fields. The historical research method helps to establish the relationship between the historical perspective and the processes of modern development. The use of the historical-systemic method makes it possible to identify and study individual categories. The comparative legal method can be used to study the emergence, content and legislative consolidation of certain categories of human and civil rights and freedoms.
Research results. A distinctive feature of the activities of the bodies of the Inter-American system for the protection of human rights in considering complaints, which distinguishes the latter from other similar regional systems. This concept assumes that political rights, including electoral rights, must be considered from the point of view of two aspects: individual and collective. The “individual aspect” reveals the need to implement the electoral rights of one specific individual and the inadmissibility of their violation, while the “collective aspect” implies that violations of electoral rights in relation to one individual pose a danger to the entire society.
Discussion and conclusion. This work is devoted to the study of the inter-American system in the field of protection of human and civil rights and freedoms in Latin America.
Introduction. The article provides a study of international law aspects of senior state officials' immunity from ICC criminal jurisdiction in light of the Court's recent politically biased finding of 24 October 2024 on Mongolia's failure to fulfill its obligation to cooperate with the ICC by non-execution of the request for the Russian President arrest and surrender. The author examines the ICC's ruling for its consistency with customary international law as reflected in the ILC's June 2022 Draft Articles on Immunity of State Officials from Foreign Criminal Jurisdiction, as well as the provisions of Part 9 of the Rome Statute.
Materials and methods. In conducting the research, the author employed the following general scientific and special methods: synthesis, analysis, induction, deduction, dialectical, formal-legal, system-structural, comparative-legal methods, extrapolation and analogy.
Research results. The author concludes that the ICC's approach is flawed in its contention that Mongolia, at the request of the ICC, was obliged to arrest a Head of State not party to the Rome Statute. The Court's approach is at odds both with customary international law, according to which a Head of State has immunity ratione personae from any foreign criminal jurisdiction, and with the provisions of art. 98 (1) of the Rome Statute, which bars the Court from requesting States parties to the Statute to arrest and surrender an immune official of a State not party to the Statute, without first obtaining voluntary waiver of immunity from that third State. Moreover, the ICC decision, replete with references to the interests of humanity, reveals the Court's lack of actual and legal authority to enforce the ultra vires request for arrest and surrender issued against the Head of State not party to the Rome Statute.
Discussion and Conclusion. In conclusion, the author proposes an approach according to which the feasibility of issuing and executing a request for the arrest and surrender of a head of state not party to the Rome Statute depends on the involvement of the UN Security Council in referring the situation to the ICC. This approach is fully consistent with the conclusion of the International Legal Council under the Russian Ministry of Foreign Affairs “Problems of legitimacy of the International Criminal Court”.
Introduction. The present study analyzes the legal foundations of attorney's involvement in the regulation of child-related disputes within global international organizations such as the United Nations and the Hague Conference on Private International Law. The author notes that each of these international organizations contributes a differentiated role in the development of relevant legal regulation.
Materials and methods. In the course of research, the following methods of scientific cognition were used: analysis, synthesis, abstraction, generalizations, analogies and others. The general scientific and special-legal methods, such as system-structural, method of dogmatic analysis (interpretation of legal norms, legal and technical constructions, etc.), comparative legal, formal, legal, logical, etc. formed the methodological basis of the research.
Results of the study. The analysis of international treaties has revealed a variety of approaches to the formation of legal foundations for the participation of a lawyer in resolving disputes about children. For instance, the UN focuses its activities on general issues of ensuring the protection of human rights, including specific categories of individuals (such as children), as well as on establishing an international institutional structure that ensures universal oversight of compliance with these rights. Meanwhile, the procedural basis for a lawyer's involvement at the level of international law, with respect to childrelated disputes, is established within the framework of the international treaties of the Hague Conference on Private International Law.
Discussion and conclusion. The study demonstrates that the implementation of the norms of international treaties of the GCPM and UN documents at the supranational and national levels allows for the harmonization of the practice of involving lawyers in the settlement of civil, commercial and family disputes, including disputes concerning children.
Introduction. In the context of increasing competitiveness of states in the process of asserting their international legal positions, it seems important to identify the mechanism of international legal legitimation used by the Americans for their armed invasions in the 21st century, in particular on the example of the intervention of the United States and other NATO countries in Libya in 2011. Such research work is necessary to transform Russia’s international legal support for the special military operation in the Ukraine (SMO) into a full-fledged international legal policy of the Russian Federation, aimed at cancelling the UN General Assembly qualification of the SMO as “aggression” and at achieving changes in the currently dominant pro-Western international legal consciousness.
Materials and methods. The theoretical and empirical basis of the study is formed by international legal documents (primarily of the UN Security Council, the UN General Assembly, the Human Rights Council, regional intergovernmental organizations, practice of the International Court of Justice), normative legal acts and non-normative documents of the USA, documents of various nongovernmental organizations, foreign and domestic international legal literature, mass media materials. On the basis of integrative approach to scientific legal research in this paper were applied, in particular, hermeneutic, formal-legal, formal-logical, structuralfunctional and systematic methods, as well as methods of analysis and synthesis, legal construction, legal and graphic modelling.
Research results. The author identified proposed by the U. S. international legal evaluations of the facts and the international legal arguments used by the U. S. in favor of the legitimacy of the armed invasion of Libya, putting forward her own interpretation of them as elements of the mechanism of international legal legitimation of the U. S. military actions abroad, as well as presenting her own systematization of these elements in the form of structural-functional schemes combined with chronological and target features, visualized on the graphical model.
Discussion and conclusion. A thorough study of the international legal mechanism elaborated by the Americans to legitimize their military actions abroad can help us recognize its elements in a timely manner, predict Washington’s further potential international legal maneuvers and develop effective ways of responding to them. The U. S. experience in devising and applying various techniques of international legal argumentation to legitimize its international legal position should be taken into account when establishing Russia’s international legal policy on the use of force abroad, including when improving the international legal support for Russia’s SMO in the Ukraine.
Introduction. The article is a continuation of the scientific research on the topic of anti-corruption counteraction of the state, the implementation of anti-corruption state policy in modern conditions, and the identification of priority areas for the development of anti-corruption legislation. The article is devoted to the consideration of legal positions regarding the application of the statute of limitations used by the courts of the Russian Federation when considering anti-corruption claims.
Materials and methods. The methodological basis of the work is a set of scientific methods that allows achieving the desired theoretical and practical results in the process of researching the place and role of the statute of limitations institution used in public legal relations: historical analysis, dialectical, system-structural, comparative legal, philosophical, formal logical method, deduction method and others. However, the methods used in the work do not exclude the possibility in some cases of a simple presentation of facts in order to give the appropriate argumentation the necessary evidentiary force.
The results of the study. The statute of limitations rules cannot be applied to issues of liability for committing a corruption offense, since when resolving them, the object of protection of the relevant regulatory regulation is not private, but public law. Awareness by a corrupt official of the possibility of using procedural deadlines will give his abuses meaning and perspective, since after the expiration of the limitation period, illegal assets cannot be turned into state revenue in court, they will continue to constitute the welfare of an official and be involved in civil turnover, and officials guilty of corruption will not only not be held responsible for their antisocial acts, but they will also receive unjustified advantages, which, in turn, undermines the proper functioning of the market economy, citizens' faith in the rule of law and justice in the state.
Discussion and conclusion. The study showed that the statute of limitations is not applicable to anti-corruption lawsuits, the imposition of liability for corruption offenses, since when they are resolved, the object of protection of the relevant regulatory regulation is not private, but public law.
Introduction. Despite the fact that the problem of the content and potential of legal means of ensuring national security of the Russian Federation in the context of modern geopolitical challenges and threats attracts the attention of a significant number of specialists, there is every reason to assert that it is the legal interpretation means of ensuring national security of the state that are the least studied. This seems to be a significant gap in the legal doctrine, since it is the interpretation of the law that allow not only to increase the effectiveness of the lawimplementation process, but also to protect the key national interests of the Russian Federation.
Materials and methods. When writing the article, both general scientific and specific scientific methods were used, among which one can single out dialectical, structural-functional, systemic, formallegal, the method of legal modeling, etc. The author also used hermeneutic and heuristic methodological approaches in substantiating the potential of legal interpretation means of ensuring the national security of the Russian Federation.
The results of the study. The paper substantiates the author's concept of legal interpretation means of ensuring national security of the Russian Federation, which is proposed to be understood as activities aimed at clarifying and explaining the meaning of legal regulations, as well as acts of official and unofficial interpretation of law, aimed at protecting, defending and ensuring the guaranteed implementation of national interests. The goals and characteristics of these legal means are formulated, as well as their key tasks, some of which the author describes as the disclosure of the content and meaning of traditional Russian spiritual and moral values, an explanation of the essence, significance and varieties of national interests of Russia, the formation of the Russian legal doctrine taking into account the specifics of the civilizational features of the state, etc.
Discussion and conclusion. The article argues that, along with the official interpretation of law, unofficial interpretation is also a very significant, but obviously underestimated legal interpretation means of ensuring national security of the state, the potential of which is practically not used. In the designated context, we are talking not so much about the doctrinal interpretation of law, but about its ordinary interpretation, which can be given by widely known individuals who enjoy well-deserved respect and trust in society (the so-called influencers).
Introduction. Nowadays non-governmental law enforcement agencies provide enormous assistance to government agencies in maintaining law and order at the facilities entrusted to them. This is especially important due to the shortage of police personnel and the Russian National Guard. At the same time, the activities of employees in the private security services sector are not unlimited and are regulated by special legislation. The central place in it is given to criminal liability under Art. 203 of the Criminal Code of the Russian Federation, designed to significantly restrain the manifestations of criminal activity of these persons. The elements of the crime provided for in Art. 203 of the Criminal Code of the Russian Federation, according to the legal construction of the objective side of the crime, are material, and therefore the occurrence of socially dangerous consequences of this crime is an obligatory sign that this crime can be considered legally completed. In this regard, the socially dangerous consequences of this crime should rightfully be recognized as a supporting feature requiring separate legal understanding and analysis.
Materials and methods. There are presented a set of general scientific and specific scientific methods of understanding the legal reality in the declared area of criminal law. The general scientific methods were: analysis and synthesis, analogy, induction, deduction, generalization, comparison, comparison. The specialized specific scientific methods of the study were: formal-legal, technical-legal, comparative-legal, system-structural, structural-multifunctional, content analysis.
Research results. The conducted analysis allowed us to establish the technical-legal, doctrinal and law enforcement problems of securing, interpreting and implementing the material grounds for bringing employees of private security organizations to criminal liability for harm caused by their actions to public relations, benefits and interests protected by criminal law. The most complex issues of qualification of socially dangerous consequences that may occur as a result of committing a crime under Art. 203 of the Criminal Code of the Russian Federation are considered. The article highlights the shortcomings and gaps in the judicial interpretation of the evaluative categories of "significant harm" and "serious consequences". The ways of legislative improvement of the norm under consideration are proposed.
Discussion and conclusion. Socially dangerous consequences in the structure of Art. 203 of the Criminal Code of the Russian Federation are a mandatory feature, without which criminal liability cannot be fully implemented. In this regard, their legal analysis deserves special close attention. The study established that the main categories that the legislator associated with socially dangerous consequences for the crime in question are significant harm (Part 1 of Art. 203 of the Criminal Code) and serious consequences (Part 2 of Art. 203 of the Criminal Code). At the same time, none of them is disclosed in the criminal legislation itself, but received only a judicial interpretation, which, however, is not without shortcomings and has introduced even more controversial ones. In fact, extremely important socially dangerous consequences in the form of a violation of the bodily integrity of the victim, or causing him minor or moderate harm to health, remained outside the qualification. It should be noted that these are some of the most common consequences of illegal abuse of power by private security employees that are encountered in practice. Thus, due to the particular importance of these aspects, the study summarizes the need to change the legislative consolidation of the category of "grave consequences" in the structure of Article 203 of the Criminal Code of the Russian Federation and expresses the author's opinion on the issues of their qualification and interpretation.
THE TOPICAL ISSUES OF WORLD ECONOMY
Introduction. The article analyzes the advantages and challenges of integration cooperation between the countries of the Economic Community of West African States (ECOWAS) over five decades of functioning. ECOWAS is one of the most well-known and dynamically developing integration agreements on the African continent, one of the "pillars" of the emerging African Continental Free Trade Area. The author analyzes the main stages of deepening economic integration in West Africa, from a free trade area to the creation of a monetary union with a common currency proposed by 2027.
Materials and methods. The author uses the analytical methods of processing statistical information as well as methods of generalizations, synthesis and comparative analysis. Literature on the topic of the study from a database of the World Bank, UNCTAD and the International Trade Center are also used.
Results of the study. A study has been conducted to determine the impact of deepening integration interaction on the dynamics of regional and national GDP and per capita incomes. Using the graphic material, the dynamics of the total exports and imports of ECOWAS countries in comparison with global indicators, as well as the dynamics of mutual exports and the share of mutual exports in the total exports of ECOWAS over a 20-year period were analyzed. The author also analyzed the dynamics of FDI inflows into the economies of participating countries to assess the level of investment attractiveness of ECOWAS.
Discussion and conclusion. The main conclusions obtained by the author in the framework of the study: ECOWAS has moved from a free trade area to a customs union based on partial liberalization of customs duties and the introduction of a common customs tariff since 2015; the formation of a common market continues within the framework of achieved freedom of trade in goods and free movement of persons, as well as the creation of a monetary union based on harmonization of macroeconomic policies, although with repeated violations of previously set deadlines and non-fulfillment by individual countries of their obligations. Such positive effects have been achieved due to deepening integration interaction as a more dynamic growth of regional GDP and national GDP of a number of states; deepening participation in the international division of labor; increased investment attractiveness of the participating countries. However, there are still many challenges associated with the influence of objective and subjective, internal and external factors. These are: maintaining a low level of economic development of countries and a low level of well-being of the population; differentiation between countries in terms of macroeconomic indicators, which requires a transition to a multi-speed integration model; maintaining the raw material orientation of the commodity structure of exports; maintaining a low level of economic interdependence, which means that mutual trade relations are of low importance to ECOWAS countries. Taking into account the above, it can be concluded that the ECOWAS countries will not be able to achieve the goal of introducing a common currency to 2027, while maintaining a low degree of readiness of national economies and a low level of convergence.
Introduction. The article analyzes and evaluates the effectiveness of inflation targeting regimes applied by central banks during economic crises by examining the experience of inflation targeting during the COVID-19 pandemic and the geopolitical tensions triggered by the special military operation that began in February 2022. Within the framework of the study, the author identifies the effectiveness of inflation targeting and its positive effects under the crisis conditions of 2020–2022.
Materials and methods. The work employs a combination of general scientific and formal-logical methods (including methods of cognition, description, analysis, induction, deduction, comparison, analogy, systematization, and modeling).
Results of the study. The analysis of inflation targeting during the crisis conditions of 2020–2022 revealed varying impacts of inflation targeting on inflation levels in different economies, as well as a reduction and limited application of inflation targeting measures during crises. On the one hand, the use of inflation targeting measures helps shape certain inflation expectations among economic agents, thereby limiting pro-inflationary risks. On the other hand, the economic challenges faced by countries during the crisis conditions of 2020–2022 significantly reduced the effectiveness of inflation targeting measures, making it difficult for some countries to bring inflation levels back to their targets.
Discussion and conclusion. The study showed that the application of inflation targeting during a crisis helps halt inflation growth in the short term and subsequently return it to the target level. However, inflation targeting is most effective during the postcrisis period, when signs of economic recovery emerge.
Introduction. The article considers alternative mechanisms of international settlements, which began to be actively used after the introduction of international sanctions against Russia. The article aims to investigate the usage of cryptoassets as clearing instruments in such mechanisms.
Materials and Methods. The relevance of this study is to consider the theoretical aspects of the infrastructure of international payments, as well as the underlying institution of trust. In addition, the transformation of this institution under the influence of sanctions and digital technologies was analyzed. The methodological basis of the study is based on the institutional approach of A. Auzan, as well as modern studies and cases of cryptoassets application for international payments.
Results. The article substantiates that cryptoassets have transformed the institution of trust underlying the agent-based settlement system. In fact, they became an independent instrument of international payments and clearing, which can potentially be used under sanctions restrictions.
Discussion and Conclusion. The conclusions of the study could be applied in the management of large business structures for the forming the infrastructure of international settlements, as well as by government agencies for the development of regulation of cryptoassets.
Introduction. The article is devoted to the development of an approach to the management of sustainable development of regional business TEK 4.0 and recommendations for the transition of Russian regions to a new quality of digital economic growth. The influence of management factors of sustainable development of regional business of fuel and energy complex 4.0 on the quality of digital economic growth in Russian regions is determined by regression analysis. Based on the progressive experience of the top-15 regions of Russia with the highest quality of economic growth in 2023, an economic and mathematical model is compiled. The theoretical significance of the model is that it revealed the cause-and-effect relationships of changes in the quality of digital economic growth in the regions of Russia. The main result consists in the development of an approach to the management of sustainable development of regional business TEK 4.0. In accordance with it, recommendations for improving the management of sustainable development of regional business FEC 4.0 are proposed. The practical significance of the research results consists in the fact that the disclosed prospect of transition of Russian regions to a new quality of digital economic growth by 2030, which contributes to the predictability and allows to improve the practice of planning and forecasting of changes in the quality of digital economic growth in Russian regions. The managerial significance of the author's recommendations is associated with the fact that they will ensure the transition of Russian regions to a new quality of digital economic growth.
Materials and methods. The influence of managerial factors of sustainable development of regional business TEK 4.0 on the quality of digital economic growth in Russian regions is determined in the article by regression analysis. The latest available empirical data relevant for 2024 are used. The study sample includes the top 15 Russian regions with the highest quality of economic growth in 2023, according to the RIA rating (2024). The quality of economic growth in Russia's regions is also measured by GRP based on Rosstat statistics (2024), on the basis of which the economic growth rate is determined, and by the level of digitalization of the regional economy as assessed by the National Research University Higher School of Economics (2024). The volume of shipped products in the fuel and energy sector from the materials of Rosstat (2024) acts as an indicator of sustainability of regional business development of FEC 4.0. The methodology of the study involves a factor analysis of each of the characteristics of the quality of digital economic growth in Russian regions (QGRR) from the implementation of the totality of measures to manage the sustainable development of regional business of fuel and energy complex 4.0 (SDFEC4.0). The forecast of the Russian regions' transition to the new quality of digital economic growth until 2030 (before the end of the “decade of action”) is also prepared and recommendations for improving the management of sustainable development of regional business of fuel and energy complex 4.0 are offered to put this forecast into practice.
Results of the study. In order to determine the influence of management factors of sustainable development of regional business of fuel and energy complex 4.0 on the quality of digital economic growth in Russian regions, the regression analysis of data was conducted, which made it possible to compile an econometric model indicating that when the share of fuel and energy complex 4.0 business structures using ERP-systems increases by 1%, the quality of life increases by 0.172 points, the rate of economic growth increases by 0.803%, the sustainability of regional business of fuel and energy complex 4.0 increases by 0.017 trillion rubles, but the level of digitalization of the regional economy decreases by 0.234 points, but the level of digitalization of the regional economy decreases by 0.234 points. Based on the proposed model, we have developed an approach to managing the sustainable development of regional business of FEC 4.0 that supports the transition of Russian regions to a new quality of digital economic growth. In this approach, the main measures for managing the sustainable development of regional business of fuel and energy complex 4.0 are the increase in the use of ERPsystems, geographic information systems, IoT, cloud services and Big Data, as it ensures the improvement of half or more than half of the qualitative characteristics of economic growth in Russian regions.
The author's approach excludes from the system of management measures the increase in the use of AI and digital platforms, as they have a negative impact on most characteristics of economic growth in Russian regions. In accordance with the proposed approach, recommendations have been developed for the transition of Russian regions to a new quality of digital economic growth by 2030.
Discussion and conclusion. The main result of the conducted research is the development of an approach to the management of sustainable development of regional business TEK 4.0. The theoretical significance of the article lies in the fact that based on the best practices of the top-15 regions of Russia with the highest quality of economic growth in 2023, it presents the author's developed economic and mathematical model that reveals the cause-and-effect relationships of changes in this quality. The proposed recommendations for improving the management of sustainable development of regional business TEK 4.0 have managerial significance, as they help to ensure the transition of Russian regions to a new quality of digital economic growth. The practical significance of the study lies in the fact that it reveals the prospect of transition of Russian regions to a new quality of digital economic growth by 2030, which increases predictability and allows to improve the practice of planning and forecasting of changes in the quality of digital economic growth in Russian regions.
Introduction. In the context of global transformations driven by economic crises, shifts in international politics, and processes of deglobalisation, the emergence of a new multipolar world order has become one of the key trends. The intergovernmental alliance BRICS+, which includes countries such as Brazil, Russia, India, China, South Africa, Egypt, Saudi Arabia, the United Arab Emirates, Iran, and Ethiopia, plays a significant role in this process. BRICS+ is emerging as an alternative to traditional Western institutions, offering new approaches to economic cooperation, dedollarisation, and the creation of alternative payment systems. The objective of the study is to assess the impact of BRICS+ on the global economic architecture and to identify the current challenges associated with the expansion of this intergovernmental alliance.
Materials and Methods. This study utilises data from open sources, including statistical reports, analytical materials from international organisations, and publications in academic journals. To analyse the economic indicators of BRICS+ member states, comparative analysis methods were employed, including the comparison of data on GDP, trade volumes, and energy resources. Initiatives by BRICS+ in the areas of dedollarisation and the creation of alternative payment systems were also examined. Particular attention was paid to the processes of the alliance's expansion and its impact on the global economic architecture.
Results of the Study. The expansion of BRICS+ and its economic successes call into question the dominance of traditional Western institutions such as the World Bank and the IMF. However, internal disagreements among member states, such as tensions between China and India or between Saudi Arabia and Iran, may hinder the achievement of consensus on key issues. Additionally, differences in levels of economic development and political systems necessitate a more flexible approach to coordinating cooperation. Despite these challenges, BRICS+ possesses significant potential to strengthen its role in the global economy. Initiatives aimed at dedollarisation and the creation of alternative payment systems could represent an important step towards establishing a new financial architecture independent of Western institutions. Expanding cooperation with regional blocs such as the Eurasian Economic Union (EAEU), ASEAN, and MERCOSUR also opens up new opportunities for economic growth and integration.
Discussion and Conclusion. BRICS+ is becoming a significant player on the global stage, offering an alternative to traditional Western institutions and contributing to the formation of a multipolar world order. The expansion of the alliance and its growing economic indicators demonstrate its increasing influence. However, for further success, member states need to strengthen coordination and find compromises on key issues. In the context of global economic instability, BRICS+ has the potential to become a platform for harmonious interaction among Global South countries and a counterbalance to the hegemony of Western powers.
Introduction. Since 2020, cooperation within the BRICS has been developing in accordance with the Concept of Cooperation initiated by the Russian Federation. The concept was designed until 2025, so the contours of future cooperation are being actively discussed today. In the presented article, the author examines the possibilities of intra-block interaction for ensuring the national economic security of the participating countries. The article examines national interests, identifies points of convergence and difficulties in bilateral relations. Based on the analysis, the potential for cooperation is assessed and the most effective forms of interaction are proposed.
Materials and methods. When writing the article, the comparative method of scientific research was used. At the first stage, an analysis of the national documents of the participating countries directly or indirectly regulating the issues of economic security was carried out. The provisions of these documents were also compared with the provisions of the “BRICS Cooperation Concept”. Further, based on the analysis of official statistical data provided by both international structures and national agencies and ministries, the progress of the countries in achieving their own national interests in the field of economic security was assessed.
The results of the study. The author found that the BRIC countries have four approaches to regulating economic security issues: the existence of a special document, the consolidation of economic security provisions in the constitution, the inclusion of security issues in general economic regulation, and the implementation of national programs. There was also a discrepancy between the interests and priorities of a number of countries. Some countries, including Russia, are more concerned about the changing world order, energy security, moving away from the dollar in international settlements, and circumventing economic and financial sanctions. At the same time, food security and poverty remain the most pressing issues for other countries.
Discussion and conclusion. Among the BRICS countries, only Russia has a comprehensive economic security strategy. Ensuring economic security within the framework of general economic regulation is carried out by China and India. Iran, Indonesia and Egypt have fixed the main provisions in their constitutions. Other countries prefer nationwide programs in particular areas. An analysis of both regulatory documents and the expenses for implementing a certain economic policy has made it possible to establish that Russia and China are concerned about the problems of increasing competition for leading positions in the global economy. The issue of energy security is relevant for everyone, but for Russia and Iran it is a stable export, and for South Africa it is a problem of energy poverty. Moving away from the dollar is important for Russia, Iran, China, and to a certain extent for the UAE. The problems of food security and poverty are relevant for Egypt, Brazil, Ethiopia, South Africa, and partly for the UAE. It was found that Indonesia and the UAE are among the countries considered to be in the relevant «economic security».
ADMINISTRATION: CHALLENGES AND PROSPECTS
Introduction. The article analyzes the interim results of the implementation of the experiment on partner financing in accordance with Federal Law No. 417-FZ dated August 4, 2023 “On conducting an experiment to establish special regulation in order to create the necessary conditions for the implementation of partner financing activities in certain subjects of the Russian Federation and on amendments to certain legislative acts of the Russian Federation”. In the context of increasing sanctions pressure, the role of partner financing as another source of resources for the economic development of the country is increasing.
Materials and methods. The work uses the following general scientific and special methods of cognition: the method of system-structural analysis, synthesis, induction, deduction, comparative-legal and formal-legal method.
Research results. The current stage of development of the institute of partner financing was marked by the adoption of a number of basic documents legalizing the creation and development of partner financing in Russia, in particular Federal Law No. 417-FZ "On conducting an experiment ...", which, setting out the basic requirements for participants in the experiment, contains a number of unresolved issues (dispute resolution in the field of partner financing and compliance with legislation on countering the legalization (laundering) of proceeds from crime, etc.). The past year has demonstrated a certain growth of organizations registered in the Register of the Bank of Russia, the volume of transactions for the first half of 2024 amounted to 5.4 billion rubles and revealed a number of problems hindering the development of partner financing in Russia.
Discussion and conclusion. A number of problems can be noted during the implementation of the experiment on partnership financing: low rates of registration of participants in the experiment and the territorial heterogeneity of the creation of such organizations; so far, financial products of partnership financing are more expensive and, accordingly, less competitive compared to classical banking products; a fairly small list of financial products offered; insufficient awareness and financial literacy of the population and business in the field of partner finance, etc. Measures to improve the legal support for partner financing are proposed. Partnership financing should be considered as a prospective alternative business model that will expand the list of financial products offered, attract new participants and investments in the country's economy. and as an instrument for the strategic direction of the development of international cooperation with Islamic countries.
Introduction. In the context of the rapid development of information technologies and their integration into various spheres of public and state life, Digital Government has become a crucial tool for modernizing public administration. The digitalization of public services not only enhances their accessibility and transparency but also significantly improves the quality of interaction between the state, citizens, and businesses. The Russian Federation and the Republic of Korea, despite differences in their socio-economic contexts, are actively developing digital public administration and Digital Government by implementing large-scale state digitalization programs. These countries demonstrate different approaches to the development and adoption of digital technologies, making their comparative analysis particularly valuable for identifying the most effective strategies and technologies. The Republic of Korea consistently ranks among the global leaders in e-government development, while Russia is accelerating its digitalization efforts to meet global standards in this area.
Materials and methods. The study employed methods of comparative analysis, data systematization and generalization, as well as content analysis of official documents regulating the digitalization of public administration in the Russian Federation and the Republic of Korea.
Research results. The conducted research reveals that the digitalization of public administration in the Russian Federation and the Republic of Korea is evolving within different institutional and technological frameworks, leading to divergences in approaches and outcomes. The Republic of Korea demonstrates a high level of integration of digital technologies into its public administration system, reflected in its leading positions in international e-government rankings and the successful implementation of proactive public service concepts. Meanwhile, Russia, currently at the stage of actively building its digital infrastructure, focuses on reducing digital inequality and creating the foundational conditions for widespread digital transformation.
Discussion and conclusion. The comparative analysis indicated that the Russian digitalization model could benefit significantly from adapting elements of Korean experience, particularly in areas such as service personalization, the use of artificial intelligence, and the development of smart cities. Thus, the study not only identified the strengths and weaknesses of the digital strategies of both countries but also outlined promising directions for experience exchange and mutual enrichment of digital public administration practices.
REVIEW
A scientific review of the four-volume 5th edition of the textbook on methodology of science and applied analytics by I.V. Ponkin and A.I. Lapteva is published.
ISSN 2587-5736 (Online)