Ural State Law University

Contemporary doctrine and practice of international law remain subject-centred: the answer to the question of the subjects of international law still serves as an explanation of what international law is and to whom it is accessible. Another constant of the system is its state-centrism, whereby sovereign States retain a privileged position as the creators and primary appliers of law. The departure from pure statism during the beginning of the twentieth century, nevertheless did not bring about any radical change. The derivative personality theory (the so-called recognition theory), which replaced the statism, not only maintained the monopoly of the State within the international legal system but, in a certain sense, reinforced it by recognising the State as a social necessity and as the exclusive creator of any new subjects of international law (international legal persons). Despite the alternative approaches to personality, the recognition theory proved to be a convenient tool for proponents of the exclusiveness of States under international law and prevails today. Relying on the methodology of critical genealogy and on a case-study of the 1949 Advisory Opinion of the International Court of Justice on Reparation for Injuries Suffered in the Service of the United Nations, the historical and philosophical origins of the derivative personality theory are traced. The theory is shown to represent, on the one hand, a revisionist and, on the other, a reactionary and restorative approach in the broader context of the sociological renewal of law. Ultimately, in light of the critique of analytical jurisprudence and its focus on the mechanics of legal regulation, the tautological nature of personality — defined through legal rights and obligations — is demonstrated.

Two issues of the claim proceedings are considered on the prosecutor's application for the transfer of property to the in-come of the Russian Federation, in respect of which, in accordance with the anticorruption legislation, evidence of its acquisition for legitimate income (Federal Law No. 230) has not been provided. The exclusive jurisdiction of this category of case to the courts of general jurisdiction is justified, since they are based on the prohibition of the defendants' business activities. With regard to the range of defendants, attention is drawn to the inclusion of beneficial owners among them, since officials who violate Federal Law No. 230 often hide behind a chain of nominal owners. At the same time, it is justified that there is no need to involve other persons in the civil procedure, for example, other participants or shareholders of a legal entity in which the relevant official was the owner of shares or shares, since their rights and obligations, as well as the amount of participation in this legal entity will not change.

Neurogenetics is a rapidly developing field of genetics that is important for the diagnosis, treatment, and prevention of neurological disorders. The paper scrutinizes the legal aspects of neurogenetics related to the procedure for conducting neurogenetic testing and the use of its results for the development of personalized medicine. The author analyzes the types of neurogenetic testing, problematic issues of obtaining informed consent, and conducting non-invasive prenatal testing. According to the author, the potential use of neurogenetics directly depends on proper legal regulation of the procedure for conducting neurogenetic testing, which may be helpful in identifying specific genetic mutations associated with the occurrence of neurological disorders. However, many aspects of neurogenetic testing, including confidentiality, genetic discrimination, and the procedure for reporting test results, require legislative regulation. Adequate legal regulation will enable the full potential of neurogenetic testing, including the latest diagnostic, preventative, and clinical tools tailored to individual neurogenetic profiles. Regulatory guidance on the use of neurogenetics will facilitate increased access to neurogenetic testing and treatment, which are critical to reducing the burden of neurological disorders.

The article focuses on the crime risks assessment for the prevention purposes. The authors propose a mathematical model in the form of an integral equation to describe the danger of the criminal’s personality. The authors try to solve the problem by applying it to the behavior of persons who receive conditional sentence. The article determines the values of personality dangerousness function for two offenders who have committed crimes. From the obtained data it can be seen that the danger function of the studied individuals increases dynamically during the last period of their lives. And in the year they committed crimes, it reaches a critical level for these individuals, taking into account the gravity of the crime. It seems evident that an increase in the individual characteristics established for the criminals under study may lead to possible relapses. The obtained characteristics can be used to prevent relapses.