Vol 30, No 1 (2025)
- Year: 2025
- Articles: 13
- URL: https://journals.rudn.ru/law/issue/view/2067
- DOI: https://doi.org/10.22363/2313-2337-2026-30-1
Full Issue
STATE AND LAW IN CONTEMPORARY WORLD
Medical privacy and liability for its violation: The experience of the U.S. and Canada
Abstract
The aim of this research paper is to conduct a comparative legal study of medical privacy protection based on the regulatory practices of the United States and Canada. The research relevance stems from the growing role of information in the modern world, driven by the rapid development of information and communication technologies (ICT) and the emergence of new challenges related to unauthorized access to personal data. Medical information is treated as sensitive data requiring special protection due to its direct and intimate connection to specific individuals. This explains the specialized regulations in the US and Canada to safeguard medical privacy, backed by liability measures. The study employs the following methods: system analysis, which examines medical privacy protection systems holistically in each country; comparative legal analysis, which juxtaposes specific regulatory aspects of liability for medical privacy violations; analogy, which identifies similarities and parallels across jurisdictions; induction, which extracts common features from particular provisions; and retrospective analysis, which traces the historical evolution and refinements in medical privacy protection. The research yields several conclusions regarding both countries and assesses development trends in medical privacy protection in the US and Canada.
7-20
Technological Neutrality of Norms: Prospects for Implementing a Legal Concept
Abstract
Technological neutrality of legal norms is a category that lacks a single, substantive meaning applicable across most spheres of human activity. In scientific research, lawmaking and law enforcement, this category is invoked to address different problems. The purpose of the article is to assess the prospects for constructing legislation based on the idea of technological neutrality of norms and to evaluate the feasibility of using this category in lawmaking. The article analyses the main domains in which technological neutrality is discussed in scholarship and official documents, namely information technology, telecommunications and cryptography and considers the technological neutrality of potential regulatory solutions concerning crypto-assets. The research relies on formal-logical, formal-dogmatic, comparative and systemic methods. It argues that the idea of technological neutrality of norms can become an interdisciplinary scientific concept if researchers reach at least a working consensus on the meaning of this category. The article concludes that using the category of “technological neutrality” is possible and appropriate in specialized legislative acts and strategic planning documents, provided that the context clearly delineates the boundaries of such neutrality. At the same time, the system of norms should be structured around necessary restrictions on the use of technologies to protect human interests, taking into account the nature of particular technologies and the cultural characteristics of society.
21-34
Planning of Regional Legislative Activities and its Legal Significance
Abstract
Given the growing role of law in public administration and social regulation, studying legal technologies that rationalize the legislative process and enhance the quality of enacted laws holds significant scientific value. One such technology is planning of law-drafting activities, which optimizes the sequence of law creation, improves coordination among lawmakers, and strengthens oversight of legal objectives. Planning is actively used in the subjects of the Russian Federation, many of which have adopted regulatory legal acts governing the development and implementation of law-drafting plans. As a result, the regions of Russia have developed their own, sometimes unique, approaches to the organization and legal regulation of planning relations. The purpose of the work is to study and organize the diversity of law-drafting planning technologies used in the subjects of the Russian Federation. To achieve this, a classification of the approaches to organizing the planning process established in Russia’s regions has been conducted, categorizing them by type and subtype using criteria of legal significance. This purpose is achieved through the use of systematic, structural-functional, formal-legal, comparative legal, and legal modeling methods. The formulated conclusions are based on the results of an analysis of acts of federal and regional legislation regulating the planning of law-drafting activities and the practice of their application, strategic documents, as well as scientific research by domestic and foreign authors. Based on the classification, planning technologies were identified whose application will improve the efficiency of the legislative process and the quality of adopted laws. Proposals for improving the legal framework for planning relations were put forward and substantiated. The results obtained can form the basis for further doctrinal developments in the field of legal theory and lawmaking theory and be used in practical lawmaking.
35-52
Territoriality instead of territory: Resolving the fundamental contradiction of spatial theory
Abstract
The topic’s relevance stems from the dominant view in Russian jurisprudence that a state’s territory constitutes a portion of the Earth’s surface under its authority. This perspective pervades legal scholarship, encyclopedic sources, and the spatial theory prevalent in the 20th century. Yet, spatial theory contains an unresolved contradiction: it defines the state as a social community while treating territory as an element of objective physical reality. Russian political science, meanwhile, traditionally includes territory as an element or attribute of the state. This discrepancy fosters inadequate comprehension of the state-territory relationship, with implication for its legal regulation. The article’s purpose is to propose a conception of state territory aligned with the state’s social essence. Employing formal-legal, sociological, and historical methods, the author argues that territory should be reconceived as an artificially delimited, continuous segment of the Earth’s surface hosting social phenomena and processes. In this framework, territory is neither an element nor an attribute of the state-community. Instead, the state exhibits territoriality - its interconnection with physical space - a concept absent from Russian jurisprudence but illuminated by sociological and political science studies of community territoriality. The author delineates territoriality in two senses: broadly, as the state-community’s (people/population’s) permanent habitation on a delimited portion of the Earth’s surface; narrowly, as the state’s demarcation and control (appropriation) of physical space. In the narrow sense, territoriality serves as a defining attribute of the state, resolving spatial theory’s contradiction.
53-69
LAW AND DIGITAL TECHNOLOGIES
Anti-Crime Potential of Machine Learning: Predictive Analytics for Preventing Digital Terrorism Activities
Abstract
Advances in digital technology - particularly Web3’s pseudonymity and decentralized naming systems, combined with information flows’ anonymity, accessibility, and cross-border nature - enable terrorist organizations to recruit members and perpetrate discrete socially dangerous acts. Conventional reactive counterterrorism measures prove inadequate against rapid illicit content dissemination that leaves detectable digital traces. This study explores artificial intelligence’s (AI) counter-criminal potential on machine learning and predictive analytics for proactively identifying and preventing terrorist activity through behavioral indicators and digital footprints that facilitate a strategic shift to proactive security paradigms. The research develops a multimodal analytical framework integrating natural language processing, computer vision, audio analysis, and social network analysis, detailing the complete machine learning pipeline from data preprocessing to model deployment. It examines the “RED-Alert” system as practical implementation and proposes a novel “Threshold Adaptive Intervention” (PORA) module utilizing graph neural networks and time-series analysis for digital risk assessment. Machine learning excels at threat detection and digital evidence generating, necessitating reevaluation of internet service providers’ (ISP) liability - particularly collective digital inaction. A differentiated liability framework accounts for providers’ technical influence while treating AI-derived risk indicators as ancillary tools for establishing individual culpability. Machine learning and predictive analytics enable a strategic shift to proactive counterterrorism.
70-89
HISTORICAL AND LEGAL RESEARC
Transformation of Soviet marriage and family legislation in the post-war period (1945-1960)
Abstract
The study analyzes discussions surrounding 1968 amendments to the Fundamentals of Legislation of the USSR and the Union Republics on Marriage and Family, driven by post-war reconstruction needs. The study reveals law-society interaction mechanisms under centralized governance and evaluates long-term impacts on gender relations and demographic policy. Despite extensive Soviet family law scholarship, post war anti-abortion campaigns and children’s rights evolution remain underexplored. Employing historical and historical-legal methods, the research compares pre- and post-Great Patriotic War family legislation, identifying key developments in parental and child legal status. Primary sources from the State Archive of the Russian Federation (SARF) constitute the evidential base. The analysis demonstrates a systematic state strategy for family welfare (1945-1960) through operational legislative measures strengthening family ties. The 1968 Fundamentals prioritized legal status of children born out of wedlock, child-rearing conflict resolution, paternity establishment, and alimony regulations for child and spousal support. Inadequate regulation consistently violated children’s rights - a core concern of modern family law.
90-102
Metric books in imperial Russia: Church recording vs. legal proof (18th - early 20th centuries)
Abstract
The study distinguishes ecclesiastical from legal aspects in Russian Empire parish registers (metric books) spanning the 18th to early 20th centuries. These underutilized sources illuminate state-church interactions in marriage-family regulation and beyond. Analysis of legislative evolution repeals metric books’ multifaceted role: recording church sacraments (birth, marriage, baptism) while supporting military conscription, civil service, taxation, and judicial identification. Frequent errors, omissions, and corrections limited metric books’ standalone evidentiary value; courts required corroboration from additional documents and witness testimony. The research highlights scholarly debates on transferring registry management from ecclesiastical to secular authorities, alongside judicial challenges in proving birth and marriage records, and priests’ inadequate administrative support. Judicial practice established that consistory baptism certificates and clerical marriage records gained presumptive validity, insulating them from secular court challenge. Secular disputes could only concern third-party declarations recorded by clergy.
103-120
Contemporary American Theories on the Violent Causes of the Origin of State and Law
Abstract
In the contemporary world, where debates about state power, law, justice, and the effectiveness of public administration continue unabated, understanding the origins of these categories is becoming increasingly important. Contemporary American theories have made a significant contribution to elucidating not only the causes of their emergence but also the resulting nature of these categories. Drawing on the fundamental legacy of classical political and legal thought, these authors, substantiate the role of coercion, conflict, and war in catalyzing the emergence of the first state formations and legal systems. Accordingly, a detailed examination of this issue is particularly relevant for legal theory. The purpose of this article is to identify the significance of violent causes in the emergence of the state and law in contemporary American theories. This goal is pursued by analyzing the contributions of individual theories to understanding the historical process of the formation of state and legal institutions, with particular attention to their empirical foundations. The theoretical basis of the study consists of the works of contemporary American representatives of the Chicago School of Economic Analysis of Law, as well as scholars from related social sciences, including political science, sociology, and history, along with game theory as a branch of mathematical analysis applicable to law. The research methodology relies on tools traditional to historical and legal scholarship. General philosophical and scientific methods are employed while among the specific scientific methods, in addition to legal ones, historical methods play an important role, including historical-genetic, historical-comparative, and historical-typological approaches. The study concludes that a high frequency of conflicts and clashes does indeed stimulate the emergence of centralized authority to protect against external and internal threats and, as a consequence, leads to the formation of the state and law as mechanisms for creating public goods through taxation. However, this is not the only factor, and violent causes should be considered alongside other social, economic, and cultural determinants of state and legal development.
121-136
CONSTITUTIONAL AND MUNICIPAL LAW
Legal nature and public authority of the Sirius federal territory
Abstract
The article examines the novel institution of federal territories within Russian statehood, introduced by 2020 Constitutional amendments and operationalized through the Sirius federal territory. This first domestic experience reveals distinctive features in public authority structure compared to both traditional Russian governance and foreign analogues. Critical analysis is essential for refining related legislation. The study elucidates the legal nature, characteristics, rationale, and governance apparatus of federal territories, with particular attention to international practices (USA, Australia, India). It analyzes Sirius power structures and its relationships with federal and Krasnodar Krai authorities. The research draws on Russian/foreign legislation, scientific literature, and Constitutional Court practice, employing systemic, analytical, classification, deductive, and formal-legal methods. Key findings include: (1) diverse creation factors determine varying autonomy levels (primary classification criterion); (2) “Sirius” embodies federal-territorial authority; (3) despite public-legal independence, federal territories retain administrative-territorial status within constituent entities (dual status).
137-155
CIVIL LAW
Development of Private Property Law: A Comparative Analysis
Abstract
The article is devoted to a comprehensive comparative legal analysis of the genesis and evolution of private property law. The study covers a wide historical period - from antiquity to the present - and examines the development of this institution in various legal systems (Roman law, the law of Ancient Mesopotamia and Greece, Russian pre-revolutionary, Soviet, and modern constitutional law, as well as the experience of the USA, Germany, France, China, and other countries). The relevance of the work stems from the fundamental role of private property as the foundation of legal systems and economic development, as well as the need to identify common trends and national peculiarities in its regulation at present. The purpose of this work is to determine universal and specific patterns in the development of constitutional and legal regulation of social relations in the sphere of private property. The work sequentially addresses the tasks of studying its origin, stages of historical development, and modern constitutional and legal status. The scientific novelty lies in combining historical-legal retrospect with synchronous comparative analysis, which enables proposing a periodization of the evolution of the institution and formulating conclusions about the convergence of national models. The key conclusion of the article is the transformation of private property law: from an absolute individual right, it has evolved into an institution performing a social function, accompanied not by a weakening but by a strengthening of its guarantees through the development of international legal protection mechanisms and the activities of constitutional justice bodies.
156-174
Need to Clarify the Legal Definition of Alimony
Abstract
The study addresses the absence of an adequate legal definition of alimony in modern Russian family law. Article 80 of the Family Code provides an unsatisfactory definition due to its imprecision and contradiction with Articles 89, 93-97. Existing doctrinal definitions similarly fail to capture the concept’s essential attributes. The research clarifies the scope of alimony legal relations, including entitled persons, payment grounds, methods, and forms. Drawing on the Family Code and related civil, notarial, labor, tax, administrative, and criminal law norms, the study employs formal-logical, systemic, comparative-legal, empirical, and synthetic methods. An updated list of subjects of alimony legal relations has been synthesized. Definitions proposed in legal literature by various authors that inaccurately reflect essential aspects of alimony, are analyzed: they fail to cover the full range of attributive features and persons entering alimony legal relations. The study proves the unreasonableness of including minor age, disability, and neediness in the alimony definition, as these are concomitant but not always necessary conditions for alimony legal relations. The study notes that notarial agreements for non-monetary alimony require preliminary cost equivalence assessment. The result is the author’s definition of alimony. The work concludes with proposals to modernize the Family Code of the Russian Federation.
175-191
REVIEWS. DISCUSSION FORUMS
192-200
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