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Legal Order and Legal Values

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Vol 4, No 3 (2026)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

9-16 5
Abstract

Introduction. In today’s information society, mass media and new media are becoming not simply broadcasters of news but also powerful tools that form public opinions, value reference points, and legal culture in the citizens. In the era of globalization and digitalization, when the information flows are getting increasingly intense and disinformation and polarization of opinions turn to be the commonplace phenomena, understanding the mechanisms of mass media influence on the attitudes towards human rights is particularly important. The present research aims to investigate the contribution of mass media to the formation of the positive attitudes towards human rights and to identify the factors fostering the efficiency of their influence on legal awareness of the audience.

Materials and Methods. The classical and contemporary studies in the field of mass communication and in mechanisms of mass media influence on the audience formed the theoretical basis of the research. The methodological framework included the combination of the dialectical method, systemic-structural and historical approaches. In addition, literary analysis, comparative analysis of the media-society interaction models, and empirical analysis of mass media publications regarding human rights were conducted in the frame of the research.

Results. The dual nature of mass media influence on the development of legal culture in young people has been established: along with having an educational impact, mass media often transmit destructive behavior patterns that provoke antisocial phenomena. The need for comprehensive preventive policy has been substantiated, i.e.: development of media literacy, restriction of harmful content, and joining the efforts of mass media, educational institutions, and law enforcement authorities to form the digital legal culture in younger generation.

Discussion and Conclusion. Based on the results of the study, recommendations for the ethical media coverage of the human rights issues were formulated, and the most efficient media content formats fostering the development of social empathy and acceptance of human rights values by young audiences were determined.

17-23 5
Abstract

Introduction. Although, active implementation of artificial intelligence tools into the legal environment significantly simplifies the juridical activities, it also creates certain risks arising from the lack of clear regulatory framework. In the article, the conceptual analysis of using the generative artificial intelligence in the field of jurisprudence has been conducted and recommendations for overcoming the existing challenges in its legal regulation have been formulated.

Materials and Methods. The theoretical basis of the research included the contemporary studies in the field of generative AI and the mechanisms of its legal regulation. The methodological basis consisted of the combination of analytical, organisational, and systematizing methods of cognition that have enabled deeper understanding of the digitalization processes and efficiency assessment strategies, as well as made it possible to forecast the approaches to digital ethics interpretation and optimization of legal decision-making algorithms.

Results. It has been found that the fundamental problems of using the generative AI in the field of jurisprudence are related to the AI hallucinations, development of the pattern solutions for non-analogous situations, threats to data confidentiality, intellectual property and copyright infringements, and ethical and moral subjectivity of AI. Studying the international practices proved to be efficient for finding solutions to the problems of legal regulation of the above issues. The international practices could serve a basis for the proposed multi-level approach that combines the peremptory principles of regulation with the scientific experimentation; the maintenance of a clear, consistent legal framework with incorporation of systemic innovations; as well as takes into account the moral values and sociocultural features involved in the regulatory process. And all the aforementioned being subject to constant human oversight.

Discussion and Conclusion. The comprehensive legal approach to safe implementation of AI proposed by the authors will require coordinated efforts of various stakeholders involved in the process. Future research should focus on adaptation of Russian legislation, validation at regional level, and strengthening international cooperation, as well as on efficient resolution of ethical dilemmas in the framework of AI regulation.

PUBLIC LAW (STATE LEGAL) SCIENCES

24-29 5
Abstract

Introduction. Public governance goes through the era of fundamental technological transformations, which results in restructuring the entire administrative system – from external channels of communication with citizens to internal decisionmaking processes. Digitalization is no longer just a technical supplement: today it is a system-forming factor that determines the architecture of the state apparatus, the logics of administrative procedures and the criteria for assessing the activities of the state power authorities. The relevance of the topic is induced by the changes in the management paradigm, increased expectations of citizens for the quality of public services and the emergence of new legal and ethical problems. The aim of the article is to identify the features of public governance in the context of digitalization and determine directions for its improvement.

Materials and Methods. The scientific publications regarding digitalization of public governance within the Russian Federation regulatory framework, international practices in building “digital government”, and key theoretical models have been analysed. The study was conducted using system analysis, dogmatic legal and comparative legal methods. The methodological toolkit included the e-government, platform state, and data-centric governance concepts.

Results. It has been ascertained that digital transformation of public governance is not limited to the automation of existing procedures, but implies reengineering of management processes proper. The essential attributes of public governance in the digital era have been identified: data-centricity, platform-based approach, proactivity, and algorithmization. Six features of modern public governance, distinguishing its quality from the previous models, have been systematised, and some of the associated risks have been determined.

Discussion and Conclusion. The results of the study can serve a basis for improving public governance mechanisms in the digital environment. The need to harmonize the technological efficiency with the fundamental principles of a lawgoverned state such as legality, equality, accountability, and respect for human dignity has been substantiated. Due to such harmonization, digitalization will transform from a technical task into a tangible tool of improving quality of citizens’ life and enhancing their trust in power authorities.

30-36 5
Abstract

Introduction. Rapid digitalization and development of the artificial intelligence technologies have foregrounded a fundamental conflict: the civil, administrative, and criminal liability mechanisms lag behind the rate of personal data circulation. This puts at risk the constitutional right of citizens for privacy and threatens national security, which is aggravated by the doctrinal uncertainty in distinguishing the areas of responsibility in a complex chain of personal data suboperators and cloud providers. The study aims to conduct a comprehensive analysis of the legislation and judicial practices in the field of personal data protection in the Russian Federation for developing the proposals on adjusting the norms of legal liability.

Materials and Methods. In the frame of the research, the following materials were studied: Russian laws, lawsuits regarding personal data protection, official statistical data, and scientific publications in the field of information, administrative, and civil laws. A combination of general scientific and specific legal methods was used to conduct the research.

Results. A number of systemic problems in law enforcement mechanisms applied with regard to violation of personal data protection law in Russia have been revealed. Upon the analysis of court judgments, a disproportion between the actual damage suffered by the subjects of personal data breach and the size of administrative fines imposed on the personal data operators has been acknowledged. Procedural difficulties for the citizens to prove the damage have been identified. A high proportion of offenses related to the covert commercial use of unlawfully obtained databases, along with the low preventive efficiency of the existing penalties, have been revealed.

Discussion and Conclusion. The obtained results lead to the conclusion about the necessity to modernize the model being currently in effect in Russia by tightening state enforcement measures and optimizing security algorithms. The author has proposed the mechanisms to improve the protection process, including the statutory enshrinement of the minimum amount of moral damage compensation to the suffered parties, a clearer distinction between the adjacent corpus delicti regulated by the Articles 137, 272, and 272.1 of the Criminal Code of the Russian Federation, and others. Implementation of these recommendations will ensure predictable law enforcement, allow overcoming the legislative gaps, and establishing the uniform approaches to legal liability in the digital environment.

37-44 5
Abstract

Introduction. Digital technologies are transforming not only the methods of political communication but also the organisational and procedural forms of activity carried out by the political parties. Expansion of remote electronic voting practices, implementation of digital form of signature collection, electronic preliminary voting, as well as creation of party platforms and services based on the artificial intelligence technologies emphasize the relevance of the issues of transparency of digital procedures, personal data protection, cybersecurity, and equality of political participation. The scientific problem set forth in the study refers to the existing model of legal regulation of political party status in Russia, which is mainly based on the territorial and organisational principle and, therefore, creates non-conformity of the party institution juridical construct to the actually developing digital forms of its activity. The aim of the study is to reveal the main trends in digital transformation of political parties in Russia, assess legal and organisational consequences of this process, and propose approaches to improving legal regulation of party activities.

Materials and Methods. The study is based on the analysis of the laws regulating political party activities, elections, and personal data protection, as well as empirical data on digital activity of political parties. Dogmatic legal, system analysis, historical and content analysis methods were used to conduct the study, as well as legal modeling approach to developing a risk-based regulatory model.

Results. It has been established that digital transformation of the parties evolves at three interconnected levels: procedural, organisational, and communication-political. It has been shown that digitalization not only expands the scope of the forms of participation for party supporters having no formal membership, and transfers certain party functions to e-platforms, but also causes new risks arising from the verifiability of digital procedures, automated data selection and processing, and creation of synthetic content. Having a single set of requirements for all digital activities has been proved to be insufficient: the scope of guarantees should depend on the legal significance of a procedure and potential consequences of a technical error.

Discussion and Conclusion. Based on the results of the study, a risk-based approach to regulation of digital activities of a political party has been proposed. The scope of legal guarantees should depend on the scope of potential consequences of using digital procedures, and ensure the availability of accessible offline alternative, transparency of automated processing, independent audit, and efficient monitoring and appeal mechanisms. The theoretical significance of the study lies in differentiation of the levels of political party digital transformation, whereas practical significance – in the possibility of using the proposed model for improving the legislation and internal party regulation.

45-52 6
Abstract

Introduction. According to the Constitution of the Russian Federation (Article 55, Part 3), the state is entitled to interfere in the process of exercising rights and freedoms strictly for the sake of protection of an individual, society, or the constitutional order. However, reference to protection of health or morality must not become a universal ground for any prohibition. Otherwise, this legal norm loses its protective implication and turns into a tool of arbitrary administrative or judicial discretion due to the excessively broad interpretation of the grounds. Taking into account the abovementioned problem, the article aims to analyse the theoretical and practical aspects of restricting the constitutional rights and freedoms aimed at protection of health and morality, as well as to formulate proposals on improving the respective legislation in the frame of the Constitution of the Russian Federation.

Materials and Methods. The study is based on the Constitution of the Russian Federation, respective health and morality protection laws, and judgements of the Constitutional Court of the Russian Federation. Using general scientific (analysis, synthesis) and specific legal methods (dogmatic-legal analysis, legal modeling), the study elucidates the nature of rights’ restriction in compliance with Article 55, Part 3 of the Constitution of the Russian Federation and formulates proposals on improving the legislation referred to the protection of traditional values.

Results. It has been acknowledged that, unlike threats to health, which can be objectively assessed based on sanitary and medical parameters, identification of the threats to morality is obstructed and is often based on subjective evaluation criteria. Therefore, a legislator has to define the prohibitions with maximum precision to avoid the arbitrary restriction of the rights. Regulation should be performed based on the official list of spiritual and moral values enshrined in the Executive Order of the President of the Russian Federation No. 809 of November 9, 2022, and strictly correlated with the constitutional guarantees. Law enforcement practices of the Constitutional Court of the Russian Federation ascertain the requirement to any health- or morality-protection restriction to be strictly necessary, proportionate to the actual threat, non-discriminatory, and non-undermining the very essence of the right being restricted.

Discussion and Conclusion. Vague legal definition of health and morality notions creates the risk of excessive restriction of constitutional rights on the grounds of protection of the public interests. To prevent the abuse, it is important not only to correctly interpret the essence of traditional values but also to clearly define the criteria and restrictions for their legal protection. Rigorous judicial supervision based on the detailed justification of the necessity and proportionality of every restrictive measure can become an ultimate guarantee against the arbitrary actions.

PRIVATE LAW (CIVIL LAW) SCIENCES

53-61 6
Abstract

Introduction. At the current stage of development of social relationships, distinguishing the place and significance of judicial practices in the system of civil law sources in Russia is a pressing scientific problem. Although, Russian legal system formally refers to the Romano-Germanic legal family, which denies the precedent, the actual influence of the supreme judicial authorities’ judgements on law enforcement is beyond doubt. This happens due to the objective inability of the legislative power to promptly regulate the full diversity of emerging legal issues, which entails the growing role of judicial practices as a mechanism for dispute resolution and development of uniform approaches to the interpretation of legal norms. The aim of the article is to conduct a comprehensive analysis of the nature, features, and functions of judicial practices in the Russian Federation, as well as to assess the influence thereof on law enforcement. Particular attention has been paid to the issue of setting precedent elements in judicial practices and prospects for enhancing the enforcement mechanisms of civil law norms.

Materials and Methods. The research was based on the following sources: the acting civil law of the Russian Federation, judicial acts of the Constitutional and the Supreme Courts of the Russian Federation, reviews of court cases, and works of native Russian experts in the field of theory of state and law. The research was conducted using dialectical, dogmatic legal, systemic-structural, comparative legal methods, as well as the methods of analysis and synthesis.

Results. It has been ascertained that the value of judicial practices is not limited to simple aggregation of court judgments. Application of judicial practices ensures formation of the stable reference points for resolving similar legal cases, contributes to the uniformity of understanding the implications of legal norms and reduces the possibility of their contradictory interpretation. In fact, judgements of the supreme judicial authorities serve as a mechanism for specification of law enabling application of the abstract legal norms with respect to the specific circumstances of certain life situations. This fosters the stability of civil circulation, enhances legal certainty, and ensures more efficient protection of the subjective rights of the parties to the civil law relationships. Judicial practices are particularly valuable due to the opportunity to reveal the substance of assessment categories, which allows the laws to be adapted to the constantly changing social relationships without issuing numerous amendments.

Discussion and Conclusion. The results of the study confirm that systematic application of judicial practices is an important condition for efficient enforcement of civil law, which doesn’t only eliminate the ambiguities in the interpretation of legal norms but also ensures uniformity in resolving cases of similar category. It seems expedient to continue research in determining the place of the supreme courts’ judgements in the system of civil law sources, because further refinement of this mechanism could enhance the efficiency of judicial protection and ensure greater stability of civil law relationships in Russia.

INTERNATIONAL LEGAL SCIENCES

62-71 5
Abstract

Introduction. For the modern state, ensuring food security and sustainable development of the agricultural lands are the priority objectives that become even more relevant due to the demographic, climate, and economic challenges. Therefore, analysis of the international practices of legal regulation of agricultural relations becomes greatly important, particularly those existing in the People’s Republic of China, where impressive results in this sphere have been achieved. The aim of the study is to identify key directions and trends in the development of agricultural law in China and to assess the potential for implementing certain elements of Chinese agricultural law in Russia.

Materials and Methods. The regulatory legal acts of the People’s Republic of China and the Russian Federation, policy documents and materials issued by the agricultural authorities, official statistical data, and the publications of Russian and foreign scientists served the source base for the research. The methodological framework of the research consisted of the general scientific and specific legal methods of cognition (dialectical and systemic methods, methods of comparative and normative-legal analysis, as well as logical method).

Results. The agricultural law of China proved to be a comprehensive system integrating land, economic, environmental, and technological mechanisms. Its key features include: a combination of state and collective forms of land ownership based on the long-term contractual usage, the enhanced protection of arable lands, profound state support, regulation of prices and food stocks, as well as fostering cooperation and digitalization. Special mechanisms ensuring quality of agricultural products and differentiated regulation of biotechnologies and GMOs have been identified. China’s experience in preservation of agricultural lands, development of cooperation, maintaining farmers’ incomes, and ensuring food security is of practical interest for Russia.

Discussion and Conclusion. China’s experience demonstrates the dependence of agricultural law efficiency not only on legal norms but also on their correlation with the strategic planning, financial, and administrative support. Implementation of this model ensures sustainable land use, growth of cooperation among producers, formation of food stocks, and technological modernization. However, direct borrowing of Chinese legal framework for Russia is impossible due to the differences in the forms of land ownership, as well as in the structure of production, and public governance methods. Only targeted use of Chinese experience can have a potential: enhancing guarantees for preservation of agricultural lands, improving commodity interventions, supporting cooperatives, developing traceability of products, and providing legal incentives for agricultural innovations.

72-79 5
Abstract

Introduction. There exist certain deficiencies in the methodological approaches to the study of contemporary international law phenomena through the prism of transitional justice concepts, which highlights the need for developing more flexible and comprehensive tools of scientific cognition. It is worth noting that in Russian juridical science the comprehensive studies on transitional justice as the international law phenomenon are still missing, and methodological approaches to studying thereof are rather fragmented. Therefore, the aim of the present research is to systematise the methodological principles for analysis of transitional justice in the frame of the international law.

Materials and Methods. The research methodology was based on the general scientific and specific legal methods. The use of logical-semantic and comparative legal methods, as well as induction, deduction, and system analysis methods, made it possible to reveal the key concepts of transitional justice, systematise problems in its regulation, and shift the focus of study from the general doctrine to specific examples of transitional justice implementation.

Results. The positivist approach to the international law has been ascertained to be the one currently prevailing in Russia due to a number of factors. The methodology for studying a transitional justice model should ensure comprehensiveness of research by defining its focus and determining its scientific nature. The use of the systemic-structural and synergistic approaches enabling understanding the complex and dynamic nature of this international law phenomenon has been substantiated. Specific research principles have been formulated, including the comprehensiveness, dynamism, and integrity of the international and national contexts that provide logical correlation of the methodology of research with its objectives. The methodological framework has been found to seamlessly combine the general scientific and specific legal methods, as well as rational and insight-based techniques required for the analysis of both objective and subjective categories (historical truth, reconciliation). The proposed pluralistic methodological toolkit ensures the comprehensiveness, objectivity, and scientific credibility of the studies on transitional justice model in the frame of contemporary international law.

Discussion and Conclusion. The present study can be deemed significant for the contemporary juridical science, as it provides a detailed investigation of such methodological features in the analysis of transitional justice model within the contemporary international law as the ability to draw practical conclusions through theoretical research, possibility to reveal the nature and essence of a legal phenomenon through the prism of its social role and philosophical background, etc. Studying certain methods used for analysis of a transitional justice model has much prospect for further scientific research.



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ISSN 2949-1843 (Online)