The objective of the study is to identify the regulatory prerequisites for objective imputation in proceedings on administrative offenses and to determine the most optimal ways to minimize them. To achieve this goal, various scientific methods were implemented, first of all, the techniques of system methodology were used, as well as the dialectical method of cognition; analysis and synthesis; induction and deduction; abstraction. This paper examines the essence of objective imputation, shows the peculiarity of proving the guilt of a person brought to administrative responsibility, the influence of the subjective qualities of the law enforcement officer on the process and result of such proof. As a result of the analysis of the provisions of the Code of Administrative Offenses of the Russian Federation, determining the powers of officials to initiate and consider cases of administrative offenses, as well as establishing a simplified procedure for proceedings, the prerequisites for objective imputation contained in them were identified. These include: the absence of a regulatory ban on the consideration of a case of an administrative offense by the same official who drew up the protocol on the administrative offense; the possibility of imposing an administrative penalty without drawing up a report on an administrative offence, provided for in Parts 1, 2 and 4 of Article 28.6 of the Code of Administrative Offences of the Russian Federation, if the person brought to administrative responsibility denies guilt in committing the administrative offence; the procedure for imposing an administrative penalty for violations identified by technical means of automatic photo and video recording, established by Part 3 of Article 28.6 of the Code, which excludes the identification of the person who committed the violation and his guilt.
In connection with the bicentennial of the Decembrist uprising of 1825 in Russia, an analysis of research positions on the political and legal significance of this historical event was conducted. The main points of view on the phenomenon of Decembrism in Russian historical and legal science are distinguished: conservative (rebellion of officers against state power), revolutionary‑democratic (the first stage of the organized revolutionary movement in Russia) and post‑Soviet, eclectic, containing various private assessments of the historical time, personal motives, psychological characteristics, and worldview features of the leaders and participants of the uprising. It is noted that a characteristic feature of post‑Soviet assessments is the insufficient development of systemic approaches, the predominance of observational empiricism, and attempts to involve additional facts. As part of updating the historical and legal paradigm of the study, an analysis was conducted of the key role of the 19th century in the political and legal history of Russia, and the trends in the development of Russian statehood and law during this period. The ideology of the Decembrists is examined in a comparative context with the French ideology of radicalism of the 18th century, the practice of the European Restoration of the first half of the 19th century, and the cultural and historical tradition of Russia. In the context of updating research methodology, the effectiveness of the political regime in Russia in the first quarter of the 19th century is discussed; the political inconsistency of Alexander I’s policies is noted. The author substantiates the state’s responsibility for the spread of radical and liberal movements in Russia during this period. Aspects of the spiritual and moral consciousness of the Russian state elite at the turn of the 18th and 19th centuries are examined. This article examines aspects of the spiritual and moral consciousness of the Russian state elite at the turn of the 18th and 19th centuries. It concludes that the state’s self‑isolation and the liberal attitude of the state bureaucracy contributed to a rift within the elite and the public consciousness. The general conclusion is that the events of December 14, 1825 require a broad conceptual reassessment from the standpoint of new historical facts and additional methodological approaches in the context of the formation of systemic views on the Russian state and legal tradition.
The rapid development of socio‑economic relations is changing the structure of society and the principles of organizing inter‑subject relationships, necessitating the formulation and resolution of the question of the essence and functions of civil law. A constructive and at the same time flexible solution to this question is possible only with an adequate assessment of the state and dynamics of the development of social relations regulated by law. In the new conditions of society and its structures, traditional concepts and views on private and public law require a reassessment, as well as a rethinking of the purpose of this division. On this basis, new meanings for civil law and its instruments can be found in the new social reality and the fire of technological revolutions. The problems and issues raised cannot be resolved by dogmatic and formal legal methods. An immersion in the methodology and philosophy of law is required to elucidate the ontology and epistemology of classical and modern legal institutions. It is important to understand and accurately describe the dynamics of their development directly in law, correlating the letter and spirit of the law. Private and public law systems are not in opposition or conflict with each other; scholarship faces the unsolved task of finding their interconnections and interactions in addressing not only socioeconomic problems but also the survival of humanity. There is no basis for supporting the idea that the division of law into private and public is meaningless, or that the principles and methods of legal regulation remain unchanged in the historically continuous development of human activity and society. In preparing this article, historical, comparative legal, and functional research methods were actively used, allowing the reader to understand the author’s vision of the functions of modern civil law.
The article examines the philosophical and legal issues of the ontology of law, which are analyzed in the interaction of law and artificial intelligence (hereinafter — AI). The urgency of the problem is due to the increasing and often negative influence of AI on the existence (ontology) of law, as well as discovered inability of law to timely and effectively counteract such influence. The author aimed to analyze the main areas of influence of emergent (swarm) AI both on the law itself and on the relations regulated by law. In line with this goal, the tasks of analyzing a number of legal problems related to the development of LegalTech in areas that go beyond the automation of routine legal processes. Special attention was paid to the use of AI technologies in the field related to justice and to implementation of AI in the creative sphere protected by copyright. Methods: the research is based on general scientific methods of a systematic approach, as well as on the philosophical and legal methodology of the libertarian‑law type of law understanding, from the standpoint of which the main method of legal analysis is the type of legal understanding and the underlying concept of law as a system of human rights based on equality of people in their freedom. AI technologies, actively invading the existence of law, often give rise to qualitatively new problems that change scientific approaches to the ontology of law. Practice shows that ill‑considered and uncontrolled development of AI carries a destructive potential that can undermine the foundations of the existence (ontology) of law as a system of human rights. A conclusion is made about the need for interdisciplinary research in the space of intersection of the ontology of law and sciences dealing with IT technologies, with the involvement of specialists in the field of philosophy of law.
The rapid growth of the decentralized gaming finance (GameFi) market is accompanied by a systemic shortage of criminal law protection in this area. Established approaches to the object of criminal law protection do not always allow us to consistently classify crimes committed in relation to or using game tokens and NFT assets in the GameFi environment. The purpose of the study is to develop theoretical and methodological foundations for the qualification of GameFi crimes. The research objectives include an analysis of the legal nature of digital gaming assets, a critical assessment of existing doctrinal approaches (property theory, information concept, sui generis, integrative and functional approaches) and the construction of an author’s model of criminal law protection. The paper uses methods of systematic analysis of scientific sources, regulations and judicial practice, comparative legal analysis, as well as the method of conceptual modeling using relational ontology and control theory. The result of the research is the concept of differentiated control, which identifies four levels of digital asset manageability: technological, user, contractual and regulatory, and economic. Based on it, the questionnaire K‑U‑R‑S‑O has been developed, which makes it possible to accurately correlate criminal encroachment with the relevant composition of the Criminal Code of the Russian Federation. The proposed model ensures technological neutrality and practical applicability in investigative practice.
The article discusses the issues of the political and legal nature of the imperative mandate, the elements of which are of interest in today’s political discourse. The possibility of introducing into modern practice, for example, such an element of the imperative mandate as voters’ mandates is determined by the state of the legal system, the content of the principles that determine the legal relationship between the representative body and voters. The purpose of the study is to show the legal nature of the imperative mandate, its elements (orders from voters, recall of a deputy) and to determine the possibility of implementing its individual components in the modern practice of relations between voters and a representative body. The research is based on the dialectical method, which allowed us to consider the interdependence of the political system and the political and legal institutions generated by it. Private scientific methods were also used: comparative, formal legal and formal logic. The results of the study. The existence of a close connection between the Soviet political and legal systems predetermined the formation of political and legal institutions and the specifics of the implementation of relevant legal norms. In a one‑party system, this institution worked effectively, but with limited financial resources. It contributed to the establishment and maintenance of communication between the Party‑Soviet government structures and the people, and was an element of the ideological component of the mechanism of power. Under the conditions of a multiparty system, an imperative institution cannot work in the same way as in the Soviet period of the country’s development, since its political basis has been transformed. Conclusions. The revival of the institution of orders in its former form is very problematic, since the political and legal systems have changed. They are related to each other, but this relationship is based on other principles of interaction and mutual influence. Orders as an institution of communication between representative authorities and the population have received new and effective implementation tools. It has become possible to use legal means in the system of political relations, and an open political discussion allows for public discussion of important issues of organizing the life of society. Solving the issues raised in the discourse can also produce results outside the institution of voter orders.
Despite the fact that indirect (derivative) claims have firmly entered domestic legal life, disputes on their nature, scope of application, and the correctness of their title still continue. An analysis of the sources shows that the theory of indirect (derivative) claim is based for the most part on the provisions of current legislation, which especially increases the importance of the few attempts at a doctrinal understanding of this institution. The purpose of the article is to analyze the theoretical concept of an indirect (derivative) claim as a means of protecting subjective right from the point of view of the general theory of law, civil law and the civil process. Tasks to be solved in the article: analysis of the concept of simple (bilateral) and complex (composite/paired) legal relations, which in turn are subdivided into independent and derivative (dependent) legal relations, formulated by O. A. Krasavchikov and applied by D. V. Lomakin to corporate legal relations; the possibility of drawing a conclusion about the existence of a single complex legal relationship consisting of simple legal relationships; the legality of evaluating an indirect (derivative) claim as a means of protecting a subjective right. When writing the article, the universal (philosophical) dialectical method, general theoretical scientific methods of induction and deduction, analysis and synthesis, as well as a special formal legal method were used. Brief conclusions: the concept of complex (composite/paired) legal relations does not provide sufficient grounds for constructing unified complex legal relations, including corporate ones, which refutes the conclusion that there is a legal relationship between the founder (participant) of a legal entity and members of the governing bodies of a legal entity and the protection of the subjective right of the founder (participant) through an indirect (derivative) action of a legal entity.
The study of artificial intelligence as a product of a new digital existence in the context of crime prevention is an urgent and interdisciplinary area of scientific research within the framework of modern legal discourse. The article discusses the main criminological risks of using AI technologies in the prevention of juvenile delinquency. The main purpose of the research is to summarize the available theoretical developments, as well as to gain new knowledge about the possible risks posed by AI in preventive activities, in order to enhance scientific research interest in this problem and improve practical developments in the field of preventive AI activities. Research methodology: a set of general scientific (analysis, synthesis, comparison, generalization) and private scientific (comparative law, sociological, legal modeling, content analysis) methods of scientific cognition of objective activity. As a result of the conducted research, it has been established that modern AI technologies demonstrate a tendency towards integrativity and symbiosis; the existing external, causal (explicit) and internal, subjectively determined (implicit) criminological risks of using AI in the prevention of juvenile delinquency have been identified. External risks are based on taking into account the circumstances of reality, the causes and conditions in which AI is used; internal risks involve taking into account the architectonics of the technologies themselves. Special attention is paid to the importance of a qualified expert approach at the decision‑making stage. The findings are intended to contribute to the improvement of regulatory, organizational and technological measures in the development of new AI hardware and software products to prevent juvenile delinquency.
The role of medical equipment and other medical devices in modern healthcare is constantly increasing. At the same time, the legal regulation of this area significantly lags behind similar processes in relation to medicines. The legal regulation of the exercise of exclusive rights is no exception. First of all, the article highlights a number of key differences between the field of medical devices and pharmaceuticals that affect the specifics of the legal protection of related intellectual property results, in particular, which led to the absence of a number of preferences in legislation for them, for example, the possibility of prolongation of the exclusive right to an invention and the provision of exclusive protection of information on the results of clinical trials of medical devices. The purpose of the study is to analyze the specifics of the sphere of circulation of medical devices and the exercise of exclusive rights of related intellectual property results in order to further develop proposals for the modernization of relevant legal mechanisms. A wide range of general scientific and special methods of cognition were used in the research process. Thus, the analysis of regulatory sources and methodological documents in the field under study was carried out, followed by the specification and systematization of the necessary legal tools. Based on the results of the analytical studies, conclusions were drawn, in particular, about the expediency of using a “soft” version of patent binding in the field under consideration, as well as extending the provisions of the Bolar concept to the field of medical devices. As a characteristic feature of the area under consideration, the obligation of medical organizations, enshrined in the legislation on the basics of health protection, to comply with the standards for equipping medical devices provided for in the procedures for providing medical care, is highlighted. According to the author, this responsibility of medical organizations should correspond to the responsibilities of ensuring the availability of medical products, including innovative ones. A special legal regime is needed to ensure the availability of healthcare products, including, in particular, legal mechanisms for limiting the exclusive rights of ineffective and unscrupulous copyright holders.
In the modern system of international relations, there is a transformation from a state‑centric model to a multi‑level system of global governance, which actualizes the issue of international organizations’ legal personality. Treaty‑making capacity acts as a key element of their international legal personality; however, the theoretical distinction between “capacity” and “competence” creates legal uncertainty, while the practice of applying the doctrine of implied powers causes justified criticism in the scientific community. The aim of the research is a comprehensive analysis of theoretical and practical aspects of the evolution of treaty‑making capacity of international organizations in the context of the transformation of the international legal order. The tasks include analyzing the dichotomy of “capacity” and “competence” concepts, critically evaluating the doctrine of implied powers, studying normative regulation and regional models of treaty‑making capacity, as well as identifying current trends and challenges in this area. The research is based on a comprehensive application of comparative legal method (for analyzing regional models), doctrinal analysis (for studying theoretical concepts), systematic approach (in researching normative regulation), and critical analysis method (in evaluating judicial practice). The methodological foundation also includes analysis of international judicial bodies’ practice and activities of major international organizations in the treaty sphere. The study reveals trends towards blurring the boundaries between “capacity” and “competence” concepts, establishes the compromise nature of normative regulation in the 1986 Vienna Convention, and identifies significant differences between European, Asian, African, and Latin American models of treaty‑making capacity. The significant expansion of the scope of treaty activities of international organizations and the transformation of practices under the influence of digitalization are proven. Key challenges are identified: fragmentation of international law, ensuring democratic legitimacy and transparency of contractual activities of international organizations.
The exhaustible nature of the subsoil and the increase in the volume of resource extraction pose the task of the state to search for new sources, among which it is necessary to highlight subsoil waste containing minerals and useful components. However, the legislation on subsoil does not clearly define the system of legal facts that entail the emergence of legal relations on the use of subsoil waste for these purposes. In the scientific community, there are no studies devoted to the analysis of the corresponding legal composition, which inevitably entails problems in law enforcement activities arising in connection with the possibility of involving these objects in circulation. The purpose of the article is a scientific study and systematization of legal facts that form a complex legal composition, which is the basis for the emergence of the right of an economic entity to use subsoil waste. Objectives: identification and justification of the legal composition necessary to vest an economic entity with the right to use subsoil waste; a brief scientific analysis of individual facts of title‑establishing and title‑confirming significance; formulation of proposals for amendments to the rules governing the relations of the same name. Methodological basis: general scientific and special legal methods of cognition, with the help of which a system of legal composition is defined, including legal facts preceding and giving rise to rights, necessary for involving subsoil waste in the process of mineral extraction. Conclusion: the basis for the emergence of the right to use subsoil waste for the extraction of minerals is a complex legal composition, which includes a legal relationship for the formation of a subsoil plot of anthropogenic origin and interrelated legal facts that imply the receipt by the subsoil user of a permit and a license to exercise this right. The work systematizes the legal facts necessary for the formation of the legal composition and proposes legislative consolidation of the corresponding system.
The article considers anti‑corruption as one of the measures to ensure public security in Russia. The purpose of the study is to develop proposals that contribute to increasing the effectiveness of combating corruption in the context of ensuring public security in the Russian Federation. To achieve this goal, special attention is paid to corruption crimes that pose the greatest threat to public and state security, and existing measures to combat this socially dangerous phenomenon are analyzed. The methodological basis of the study is the dialectical method of scientific knowledge, methods of analysis and synthesis, as well as comparative legal and special legal methods. Conclusions. In the system of public security measures, the fight against corruption should occupy a leading place, since corruption‑related crimes pose a real or long‑term threat to public security in particular and national security in general. The primary measures to combat corruption at the present stage should be: strengthening criminal liability for corruption crimes; creating a map of corruption risks in the field of public security; strengthening the prevention of corruption in the field of anti‑terrorist protection of facilities (territories); developing and improving tangible and intangible ways to encourage employees aimed at preventing bribery and spreading the practice of reporting corruption activities; widespread media coverage of the facts of real anti‑corruption; improvement of mechanisms to counter the use of digital financial assets and digital currency for corrupt purposes.
Review of the Textbook by Professor M. A. Fedotov “Media Law: Theory, Legislation, and Application” (Moscow, 2025)
The creation of the Union State of Belarus and Russia has become a new geopolitical challenge for representatives of the international community who promote the values of the unipolar world. Integration processes are becoming particularly relevant in the context of the formation of a new type of global legal order. The formation of the Union State of Belarus and Russia has taken a long period, showing the viability of the integration formation between two close countries, as well as problems that need to be solved to ensure the further sustainable development of this community in the international arena. One of the urgent tasks is the formation of a single legal space of the Union State, the form of which is the common legal system of the participating states. In modern conditions of integration cooperation between the two countries, it is not enough to create only one component of the common legal system in the form of the “Law of the Union State”. It is necessary to introduce an integrated approach to the simultaneous formation of all other traditional links of the integration legal system – the general type of law‑making activity, unified law enforcement bodies and mechanisms, as well as identification links of legal ideology and legal psychology within the framework of the national legal consciousness of the Belarusian‑Russian society. The article discusses the issues of the formation of the legal system of the Union State as a result of the synergetic interaction of the national legal systems of Belarus and Russia. A model of this legal association is proposed in the form of an independent system of “Union law”, a single lawmaking and law enforcement components. Special attention is paid to the priority formation of a system of industries of an economic nature, as well as to the need for the actual creation of the Court of the Union State. The problems of the formation of a common type of legal awareness are touched upon.
Contemporary international justice is seeing a significant increase in the number of interstate disputes, both at the regional and universal levels. This is largely due to states’ changing attitudes toward international justice, which is increasingly viewed as an effective foreign policy tool capable of achieving a wide range of goals. In specific disputes, guided by the principle of competitive, states meticulously consider every detail and every issue, including the key issue of jurisdiction, which is crucial to questions of legitimacy. Respondent states strive to pay maximum attention to fulfilling the terms of their treaty-based consent to submit a dispute, such as the requirement for mandatory negotiations before filing a claim in court or arbitration. In our view, such jurisdictional requirements also include the consideration of the dispute by an independent and impartial panel of judges (arbitrators). In other words, the bias of arbitrators or judges affects not only the legitimacy of the decision rendered, that is, how it is perceived by the parties to the dispute, but also the jurisdiction of the court or tribunal. Through a doctrinal perspective, the author offers a legal analysis of a complex and intricate case submitted to ad hoc arbitration under Annex VII of the 1982 UN Convention on the Law of the Sea, in which the International Tribunal for the Law of the Sea also played a significant role. A systematic analysis employing both inductive and deductive methods yields new conclusions that can be actively applied. As the consideration of issues of impartiality in this case shows, the election of a judge or arbitrator in international justice requires reasonable restraint and prudence from scientists and practicing international lawyers in expressing their position. The principle of impartiality and independence of judges of international courts has become a practically used mechanism for ensuring the fair administration of international justice. Consent to an arbitration procedure for dispute resolution presupposes the confidence of the parties to the dispute that they will be heard by the arbitral tribunal, as well as that the latter will adhere to the principles of fair dispute resolution, in particular, it will be independent and impartial.
The consistent digital transformation of the tax system of the Russian Federation in modern conditions makes it advisable to study the functioning of the legal mechanism for ensuring the effectiveness and performance of tax authorities in tax control due to the need to achieve sustainable development of the Russian financial system, contributing to the financial stability of the country’s economy. At the same time, the content of the legal mechanism for ensuring effectiveness and efficiency has not been determined, which determines the need to identify interdependent links between the legal instruments used by tax authorities in the implementation of tax control for effective tax administration, ensuring a balance of public and private interests. The purpose of the study is to conduct a legal analysis of the theoretical and practical aspects of the implementation of legal instruments, ways and means of achieving the goal of sustainable economic development, the totality of which forms a legal mechanism for ensuring effectiveness and efficiency, highlighting their positive and negative aspects that require scientific understanding due to the ambiguity of its functioning. The paper uses methods of comparative research of the theoretical aspects of the content of the legal mechanism for ensuring the effectiveness and efficiency of tax authorities and their implementation in practice in Russia and foreign countries. The methods of generalization and comparison of the information obtained in combination with the methods of systematization and logical legal analysis of the opinions of scientists allowed us to formulate proposals aimed at the implementation of successful foreign experience in the current legislation of the Russian Federation. It is proved that the legal instruments of tax control used by tax authorities in their activities, forming the legal basis for ensuring the effectiveness and efficiency of tax administration, need constant improvement and adaptation to new economic conditions, as they represent a sought‑after model of holistic interaction between participants in tax relations.
Administrative‑legal policy sometimes contradicts those dogmatic (in the positive sense of the word) principles and concepts that have been formed in administrative‑legal science for decades. Such a phenomenon as the method of administrative law is no exception. The method of administrative law is not just a theoretical construction, not just a formalization of the statement of how norms affect public relations in the sphere of public administration, but the key to understanding a number of problematic situations from the point of view of the subject of legal regulation. The purpose of the study is to answer the question of the need for such a category as the method of administrative law against the background of the “erosion” of the industry according to the criterion of the emergence of specific groups of public relations allegedly “matured” to qualitative isolation in independent industries. Using comparative‑historical, comparative‑legal methods, as well as the method of system analysis, the conclusion is made that the method of administrative law cannot be reduced to mono‑methods of the triad “permission ‑ prescription ‑ prohibition”. Administrative‑legal theory should generate knowledge about special administrative‑legal methods, which are determined by the structure of the method of legal regulation: about the method of ascending and descending subordination, about the method of delegating administrative powers, about the method of power dispositivity. This kind of increase in scientific knowledge creates prospects for bringing into the proper system not only branches of law and legal institutions, but also methods of protecting the law within the framework of the types of legal proceedings laid down by the Constitution of the Russian Federation, as well as administrative and alternative methods of resolving administrative disputes.
Neural networks (NN) are playing an increasingly important role in various fields of modern technology, and one of their most promising applications is human voice generation. Understanding the NN principles in this context not only reveals the technological side of the issue, but also allows us to assess the possibilities, limitations and risks of using this innovation, an understanding of which is necessary for further legal regulation of this area of relations. The purpose of the study is a comprehensive analysis of the legal problems associated with the use of human voices generated by NN in various public relations. To achieve this goal, the following tasks were set: to define the concept and NN principles in the context of speech synthesis; to illustrate the history of the development of human voice synthesis technologies; to reveal the legal basis for regulating voice generation technologies in Russia and abroad; to analyze judicial practice in disputes related to the protection of human voice; to determine the prospects for the legal regulation of public relations related to the human voices generation by NN. The work used general scientific (analysis and synthesis, forecasting method, induction and deduction) and special scientific (formal legal, comparative legal) methods that allowed us to: assess the dynamics and features of the development of judicial practice; study the specifics of the formation and application of legal norms in various national legal systems; identify existing gaps in law and shortcomings in the mechanisms of legal regulation in relation to technologies that allow generating a human voice. Results. The paper summarizes and examines a number of problematic issues related to the legal regulation of human voices generated using NN in Russia, the European Union, the United States, China and other countries, and, based on the analysis, specific areas for improving domestic legislation are presented.
In labour law, there are both private law and public law principles that allow regulating relations based on the legal equality of participants, but taking into account the need for additional protection of the “weak” side of the labour relationship, which is the employee. The growing use of artificial intelligence‑based products by employers is pushing for a strengthening of the public law component, since maintaining a balance between the interests of the employee and the employer is one of the most important tasks of labour legislation. The more advantages the use of artificial intelligence gives one side, the more critical the imbalance is. This creates prerequisites for a reduction in the private law principles of the industry due to an increase in the share of prohibitive and binding norms designed to restore the lost balance. The goals and objectives of the study are to show the role of artificial intelligence in the transformation of the world of work; to analyse the impact of artificial intelligence on labour relations and employment; to assess the likelihood of changes in the ratio of private and public law principles of labour law; to substantiate the level of the problem and suggest ways to solve it. The work used general scientific theoretical methods such as formal logic, methods of analysis and synthesis, abstraction, as well as a systematic approach. Among the private law methods, mainly historical‑legal, comparative‑legal, concrete‑sociological methods and legal forecasting were used. The results of the study. Labour law, the fundamental institution of which has always been an employment contract concluded by the parties on the basis of free expression of will, will cease to be such with the loss of private law principles and will turn into a part of public law, into an “employment right” that leaves no room for the discretion of the parties to the legal relationship. In order to prevent such negative consequences, it is necessary to preserve and strengthen the private law principles of the industry, which will be facilitated by the inclusion of platform employees in the scope of labour law, the individualization of the terms of employment contracts, the recognition of the right of employees to use artificial intelligent assistants and the use of new tools that are becoming available to the law due to the development of artificial intelligence.
The contours of federalism adopted and implemented in the Russian state and law, as well as the principles of organization and instruments for the functioning of public authority, are directly related to the formation and configuration of modern private law and its legal values. On this basis, the initial environment for the development of private law relations is being formed. Private and public law cannot be considered as unrelated spheres of legal regulation. Their tools are equally and uncontested important for strengthening Russian statehood, developing democracy, strengthening initiative and freedom in the practical implementation of the ideas of civil society, the rule of law and social state, and guaranteeing and ensuring human rights. The doctrine of private and public interests is still insufficiently developed in science, but the practice of legislative work and law enforcement practice provide rich empirical material for this. The new coordinates for solving the task are designed to increase guarantees of the rights of citizens and participants in economic activity, create new forms of protection of violated rights and legitimate interests with an increase in the effectiveness of justice and law enforcement activities. It requires studying the possibility and forms of an acceptable combination of private and public interests in the instruments and means of legal regulation. In the same aspect, a new tool is provided to assess the functionality and balance of the entire legal mechanism. It is important to correlate the values of private and public law in establishing their hierarchy, which will significantly ensure the practical implementation of the proportionality of limitations of legal opportunities and legal certainty. The issues raised become particularly acute in the context of the active introduction of the latest technologies, with lagging and fragmented approaches of the legislator.
