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Russian Law Online

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Russian law online is a scientific online journal established by Kutafin Moscow State Law University (MSAL)

Russian law online is:

  • a volume of 100–200 publication strips;
  • full-colour printing;
  • stylistics — scientific, scientific-journalistic;
  • genres — an article, a paper, theses, a report, a sketch, a lecture, a review, an overview, commentaries and etc.;
  • authors — Russian and foreign scientists and practitioners, as well as students and postgraduates;
  • audience — men and women over 18 years old with higher and incomplete higher education: top-tier executives and specialists who represent international, state bodies and organisations, Scientific Research Institutes, universities, libraries, archives, museums, business entities, funds, students, postgraduates;
  • scientific citation database — RSCI (Russian Science Citation Index), all manuscripts are assigned a DOI (a Digital Object Identifier);
  • the aim is a prompt promotion of jurisprudence achievements by using an electronic publication form, creation and maintenance of a creative scientific and practical discussion platform for deliberating and solving the most important state-legal problems;
  • problematics — the journal headings allow us to comprehensively reveal topical issues of both global and specialised state-legal topics, namely:
    • theoretical and historical aspects of legal research,
    • public law aspects,
    • private law line,
    • criminal law line,
    • international law aspects,
    • interdisciplinary line of research.

The publication of works is free of charge.

Current issue

No 2 (2026)
View or download the full issue PDF (Russian)

TRENDS

5-13 147
Abstract

The steady increase in research and development in the field of artificial intelligence (AI) has considerable potential to bring about large-scale changes in the ways human behavior and everyday activities are influenced. The author established that, alongside the positive impact of AI technologies, that significantly facilitate the resolution of a wide range of scientific and practical tasks across all fundamental sectors and thereby contribute to the intensive socioeconomic development of states, both the number and the severity of risks associated with the use of such technologies are increasing, posing a genuine threat to individuals and society as a whole. The study employed a doctrinal legal research methodology, specifically the identification and analysis of legal norms, legal principles, and legal doctrines in order to address legal issues relating to the regulation of AI. The principal sources of the study consisted of information derived from statutory and regulatory legal acts, scholarly publications, and other relevant materials. The findings of the study primarily demonstrate that virtually every computer-based development (software product) has, in most cases, a positive effect on the resolution of pressing scientific and applied problems. However, it is almost impossible to avoid the adverse impacts that constitute side effects and inherent characteristics of computer technologies, particularly AI. Currently, artificial technological intelligence exerts a significant positive influence within the information sphere. Nevertheless, the technology under consideration also frequently produces negative effects, which may not always become apparent immediately. This is of particular importance for ensuring that AI is used, for example, in facial recognition systems, in accordance with clearly defined statutory rules. The use of AI technologies must comply with international and national human rights protection principles in order to maintain an appropriate balance between technological innovation and the protection of human rights, which is especially significant under contemporary conditions of hybrid warfare conducted primarily within the information domain. In this regard, there is an objective need for a more detailed examination of the theoretical and practical issues surrounding the emergence and subsequent development of the legal framework governing AI, with a view to formulating proposals for its modernization in light of current realities and security requirements, including cybersecurity.

14-25 137
Abstract

The paper examines the compliance of biometric personal data processing in generative AI systems with the legislation of the Russian Federation and provides a comparative analysis of the legal regulation of relations under examination in Russia and the European Union. The study identifies systemic gaps in ensuring the lawful processing of biometric personal data by generative artificial intelligence systems. The study has established that prohibitions on the use of biometric personal data in user prompts are largely declaratory in nature, as evidenced by an analysis of the privacy policies of GigaChat and DeepSeek, which place responsibility for the unlawful use of personal data on the user. The opaque mechanism for obtaining a data subject’s consent to the processing of biometric personal data, as well as conditioning access to the service on the mandatory processing of such data for neural network training purposes, appear to constitute the principal challenges to ensuring lawful data processing by generative artificial intelligence systems. Based on a comparative analysis of Russian and European legislation, the author proposes the following: (1) to establish a mandatory prohibition on the processing of biometric personal data by generative AI systems, coupled with the imposition of legal liability, or alternatively to require operators of generative artificial intelligence systems to implement mechanisms for verifying the existence of the data subject’s written consent to processing; and (2) to require that the processing of biometric personal data exclusively for neural network training purposes be carried out only on the basis of separate informed consent of the data subject, while access to the service should remain possible even in the absence of such consent. The proposed measures are aimed at eliminating existing contradictions, ensuring genuine control by data subjects over their biometric personal data, and strengthening their legal protection.

26-32 114
Abstract

The purpose of the study is to develop comprehensive proposals aimed at eliminating legislative gaps in the legal regulation of remote confrontation procedures in Russian criminal proceedings by means of the application of formal legal and comparative legal methodological approaches. The paper describes the evolution of the institution of confrontation at various stages in the development of the Russian criminal justice system. Through an analysis of Article 189.1 of the Criminal Procedure Code of the Russian Federation and a review of judicial practice, the study identifies the principal problems in the legal regulation of remote confrontation procedures, including the absence of statutory regulation concerning technical failures and criteria for selecting the format of confrontation, legislative gaps regarding requirements for technical equipment, and insufficient regulation of the use of videoconferencing technology in confrontations involving persons located abroad. It is argued that these deficiencies create risks of prosecutorial bias and the subsequent exclusion of evidence as inadmissible. In order to address these legislative gaps effectively, the author examines the legislative experience of Azerbaijan, Belarus, Kazakhstan, Latvia, and Uzbekistan. The possibilities for incorporating relevant foreign regulatory approaches into the Russian legal system are also considered. The paper proposes specific measures for improving Article 189.1 of the Criminal Procedure Code of the Russian Federation, including: mandatory recording of technical failures occurring during confrontations conducted via videoconferencing technology; establishment of a statutory list of grounds for the use of a remote confrontation format, taking into account the possible initiative of the defense; regulation of minimum technical standards for equipment and communication channels used in remote confrontations; and authorization of cross-border confrontation procedures through the use of videoconferencing technology.

33-40 103
Abstract

The paper analyzes the vulnerability of the national anti-money laundering system arising from the use of extrajudicial enforcement instruments (including notarial statements of execution, decisions of labor dispute commissions, and mediation agreements) and the transfer of assets through accounts administered by the Federal Bailiff Service. Drawing upon data from the Central Bank of Russia and Rosfinmonitoring for 2024–2025, the study identifies a functional gap between banking compliance mechanisms and public-law enforcement procedures, resulting in the effective neutralization of risk parameters in deposit accounts maintained by the Federal Bailiff Service. The paper substantiates the existence of a regulatory conflict within Article 3 of Federal Law No. 115-FZ, which excludes transfers carried out in execution of sanctions imposed by a state authority from the legal definition of «transactions involving monetary funds». The study proposes a legal mechanism ensuring continuity of financial monitoring, incorporating the principle of institutional inheritance of risk, a custodial quarantine regime for special deposit accounts of the Federal Bailiff Service, and procedural arbitration mechanisms for the release of frozen assets. The study demonstrates that implementation of this supervisory framework would preserve the flexibility of extrajudicial debt enforcement while simultaneously blocking channels for the laundering of illicit capital and transforming supervisory authorities into strategic coordinators of the anti-money laundering and counter-terrorist financing (AML/CFT) system.

FOCUS

41-45 109
Abstract

The article analyzes the legal status of a debtor’s sole residential premises in personal insolvency (bankruptcy) proceedings. It examines the procedure for concluding and approving by an arbitrazh (commercial) court a settlement agreement with a creditor whose claims are secured by a mortgage (real estate pledge) over such property. The author identifies the conditions for, and determines the legal consequences of, the approval of an agreement between an individual debtor and a separate bankruptcy creditor. Taking into account the objectives underlying the legal regulation of the relevant legal relations, the article substantiates the priority of localized restructuring of obligations secured by collateral. The article also introduces the concept of judicial override and concludes that a court may dismiss unfounded objections raised by a secured creditor and approve a localized settlement agreement notwithstanding the creditor’s lack of consent.

46-53 113
Abstract

The paper analyzes the public-law status of physicians and patients as key subjects of medical law. This approach has made it possible to identify several issues that may be resolved through the transformation of public-law regulation. The author emphasizes the importance of distinguishing between the employment status and the professional status of medical practitioners in order to protect physicians from administrative pressure capable of adversely affecting the quality of medical practice, including in the application of genomic technologies. In addition, the author concludes that it is necessary to distinguish the legal status of a sick person from that of a patient. A patient may be a healthy individual seeking medical services, whereas a sick person officially suffers from a disease impairing the functioning of the body. Differentiating the concepts of «patient» and «sick person» would further ensure the supremacy of the individual and the protection of human rights and freedoms, thereby facilitating a more effective implementation of Article 2 of the Constitution of the Russian Federation, strengthening the preventive nature of healthcare, guaranteeing legal protection for persons genuinely in need of treatment, and preventing abuses associated with the application of genomic technologies in medical practice. The author further notes that the use of genomic technologies should be permitted exclusively in relation to sick persons, if such methods constitute either the only possible or the most effective form of treatment. This approach would help prevent potential abuses connected with the use of such technologies not for therapeutic purposes, but rather for the enhancement of a healthy individual or a future human being according to particular characteristics, including intelligence, memory, physical traits, or cognitive abilities.

54-61 119
Abstract

The paper examines the role of sociocultural and familial factors in the development of pedophilia as one of the most prevalent and socially dangerous disorders of sexual preference. The relevance of the study is determined by the increasing number of officially registered sexual offenses against minors in Russia, the high latency rate associated with this category of offenses, and the need to improve preventive measures consistent with the constitutional priority of protecting childhood. The study is grounded in a biopsychosocial paradigm integrating the principles of imprinting theory, the concept of psychological infantilism, and theories of social determination. Particular attention is devoted to the dysfunctional family system as the primary agent of socialization. The paper analyzes such factors as impaired emotional attachment, blurred personal boundaries, the absence of constructive parental role models, and, most importantly, the individual’s own experience of victimization during childhood. The authors further examine the influence of the broader macrosocial context, including patriarchal attitudes, the sexualization of childhood in the media, and the role of deviant communities in rationalizing and reinforcing pathological attractions. The study emphasizes the mutually reinforcing interaction between microand macro-level factors within the dynamic process underlying the formation of the disorder, thereby rejecting any reductionist explanation based on a single causal foundation. The authors give practical recommendations aimed at the early identification of atrisk groups, the development of preventive programs, and the provision of psychotherapeutic assistance focused on interrupting the intergenerational transmission of trauma. The paper also identifies promising directions for future empirical research.

62-71 113
Abstract

The paper is devoted to the analysis of the legal status of a former participant in a business entity as an independent category within corporate law. The study demonstrates that a former participant occupies an intermediate position between internal and external creditors in the context of corporate bankruptcy. The study examines current judicial practice concerning the payment of the actual value of a participant’s interest, the exercise of the right to obtain information regarding the corporation’s activities, the ability of a former participant to challenge transactions on both corporate and general civil law grounds, as well as the imposition of  subsidiary liability on persons controlling the company. The authors substantiate the need to expand the mechanisms for protecting the rights of former participants at the pre-bankruptcy stage, including through the contestation of transactions and management decisions capable of affecting both the amount and the recoverability of the actual value of the participant’s interest. The article further proposes a classification of methods for protecting the proprietary rights of former participants in a business entity.

72-76 117
Abstract

The paper examines the criteria of commercial due diligence in the selection of counterparties under Russian tax law, taking into account the approaches developed by the Federal Tax Service of Russia and the courts. The study identifies inconsistencies in the application of these criteria. The absence of clearly articulated standards creates legal uncertainty and increases tax-related risks. Using disputes concerning unjustified tax benefits as illustrative examples, the study demonstrates the necessity of systematizing and legislatively codifying predictable due diligence standards in order to ensure an appropriate balance between the interests of the state and the business community.

RUSSIA

77-88 112
Abstract

The paper is devoted to the principal stages in the development of the institution of appeals against decisions, actions, and omissions to act of officials and public administrative bodies within the Soviet legal order, which subsequently served as the foundation for the institution of appealing against administrative acts in contemporary Russian law. The study provides a detailed examination of the development of a special procedure for appealing administrative acts in the USSR. It identifies the reasons why the relevant special law was adopted only twelve years after the enactment of the 1977 Constitution of the USSR that had expressly mandated the drafting and adoption of such legislation. Drawing upon archival materials, the author describes the stages of the legislative process, outlines the views of legal scholars concerning judicial review of administrative acts, and discusses the reasons for the suspension of work on the draft law. The paper also presents a comparative analysis of the initial version of the draft law elaborated by the responsible commission and distributed among the Councils of Ministers of the Union republics for comments and proposals, with the laws ultimately adopted in 1987 and 1989. In conclusion, the author notes that the issues raised during the early development of special legislation in the Soviet period may remain relevant for contemporary lawmakers in post-Soviet states in the field of administrative procedural law.

WORLD

89-102 111
Abstract

The study examines European Union citizenship as a distinct form of multiple citizenship that differs from the classical model of dual nationality. The paper substantiates the concept of «vertical dual citizenship», under which the nationality of a Member State serves as the basis for the emergence of supranational status, while EU citizenship, in turn, influences the limits of national regulation. It is demonstrated that this status combines a derivative nature with a tendency toward normative autonomy. Based on an analysis of the case law of the Court of Justice of the European Union (Martinez Sala, Grzelczyk, Baumbast, Rottmann, Commission v. Malta), the study reveals that EU citizenship is evolving into an independent basis for bringing individuals within the scope of Union law and into an instrument for limiting Member States’ discretion in matters of nationality. Particular attention is devoted to the development of the «genuine link» requirement and to the strengthening of the principle of proportionality in cases involving the loss of citizenship. The article concludes that EU citizenship functions as an element of multilayered legal affiliation, enabling the supranational legal order to exert reciprocal influence upon national citizenship regimes. It is argued that an integrative model is emerging in which EU citizenship acquires independent regulatory significance and transforms classical conceptions of citizenship.

103-110 115
Abstract

The paper examines the experience of regional international organizations that develop uniform approaches and coordination mechanisms for the activities of public authorities at the national level with respect to the participation of lawyers in the resolution of child-related disputes. The law of the Commonwealth of Independent States (CIS) and the law of the Council of Europe constitute the most comprehensive bodies of norms defining the foundations for regulating the participation of lawyers in child-related disputes within their respective regions. At the same time, other regional international organizations also demonstrate a growing tendency toward regulating this sphere of social relations, including, for example, the Organization of American States. As in the case of global international organizations, instruments of «soft law» of a recommendatory nature play a significant role in shaping the legal framework governing the participation of lawyers in child-related disputes. The author emphasizes that, notwithstanding their non-binding character, soft law instruments exert considerable influence on the development of general principles, standards, and directions for the evolution of national legislation and law enforcement practice in this field. In particular, soft law instruments formulate general principles that serve as guidelines for states in the development of domestic legislation and legal practice, including the principle of the best interests of the child and the principle of parental equality.

POINT OF VIEW

111-126 115
Abstract

The paper provides an overview of the problem of the plurality of legal theories characteristic of bourgeois society, as reflected in the monograph of the eminent Russian legal scholar V. A. Tumanov, published in 1971. The author arrives at several conclusions. First, there is a need to discuss the ontological dimension of theoretical-legal pluralism separately from its epistemological dimension, since the ontology of society is not directly replicated within the sphere of law but is instead reflected and legitimized therein through complex processes. Second, it remains necessary to distinguish between the causes and the conditions (factors) underlying the plurality of doctrines concerning the essence and purpose of law. Third, the specific configuration of the causes and factors of theoretical-legal pluralism must be defined differently. The morphology of social reality continues to exert a determining, yet simultaneously pre-conceptual, influence upon legal scholarship. The absence of a universally binding ideology contributes to the temporary neglect of issues situated at the metascientific level. As a result, legal thought identifies its own worldview foundations separately from methodological reflection, whereby metaphysical doctrines acquire priority over materialist dialectics. Fourth, the impossibility or impracticality of externally eliminating theoretical-legal pluralism through coercive influence upon legal discourse persists. The transformation of legal thought toward monistic orientations may occur only if society possesses a sufficient degree of spiritual freedom capable of enabling such transformation. Fifth, V. A. Tumanov’s analysis of the causes and conditions of theoretical-legal pluralism retains both relevance and scholarly significance, encouraging reflexive consideration by legal scholars of their own worldview assumptions and the conditions of their reproduction, as well as of the methodology of legal cognition in light of its multilayered character.

PERSONAS

127-138 114
Abstract

This article examines the views of Irakli Tsereteli (1881–1959), one of the most prominent Georgian orators, a leader of the Georgian national movement, a major ideologue of social democracy, Minister of Posts and Telegraphs and Minister of Internal Affairs of the Russian Provisional Government in 1917, and a member of the Constituent Assembly of Georgia. When Tsereteli became involved in the turbulent events of the early twentieth century, he, as a jurist, developed a strong interest in questions of international law, including issues of war and peace, international treaties, and the legal legitimization of the idea of world revolution. One of the most pressing issues of that era was the implementation of the right of nations to self-determination. In his numerous public addresses, Tsereteli called upon political leaders throughout the world to contribute to the formation of a new system of international law. The political and legal views of Irakli Tsereteli have not yet received comprehensive treatment in Russian historical and legal scholarship; existing studies tend to focus only on particular episodes of his life and political activity. His understanding of such issues of international law as the principle of the non-use of force, the establishment of international organizations, and the right of nations to self-determination remains insufficiently explored. This article addresses only one aspect of Tsereteli’s intellectual legacy. The author argues that, in the context of the contemporary crisis of international law, renewed attention to the ideas and concepts advanced by political and legal thinkers of the early twentieth century, including Irakli Tsereteli, may prove highly valuable.



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