Discussion forum
Reference:
Shevelev, I.V. (2025). Legal Protection of Computer Programs Created Using Software Platforms. Law and Politics, 4, 1–15. https://doi.org/10.7256/2454-0706.2025.4.73936
Abstract:
This article examines current legal protection issues related to software developed using software platforms. With the widespread implementation of multifunctional and universal platforms in software development, questions concerning copyrights, related rights, and rights to specific software components and source code become increasingly complex and contentious. The paper analyzes peculiarities of legal regulation in Russia, identifies problems related to determining rights holders and the scope of rights requiring protection. It discusses legal conflicts and legislative gaps arising when software is created using third-party platforms. Particular attention is paid to compliance with end-user license agreements (EULA). The research methodology comprises the general dialectical method, general scientific methods (formal logic, comparison, analogy, analysis, and synthesis), and specialized legal methods (comparative legal and formal legal analysis). The main conclusion drawn from the research is the establishment of the principle that the conditions set by the platform rights holder’s end-user license agreement (EULA) cannot impede the emergence of exclusive rights for creating applications and configurations based on these platforms. In the analyzed cases, the newly created software is not considered a constituent part of the platform, which merely serves as a medium for its execution. Existing uncertainties in this issue present significant challenges for both platform users and platform owners. The novelty of the research lies in proposing legislative improvements to achieve more effective and balanced regulation of rights regarding software products created using third-party platforms, considering the interests of developers, platform rights holders, and end-users.
Keywords:
software product, legal protection, intellectual property, rights holder, source code, copyright, license agreement, exclusive right, software platforms, software
State institutions and legal systems
Reference:
Yarar, M. (2025). Constitutional guarantees in Central Asian countries: main civil rights and freedoms de jure and their de facto status. Law and Politics, 4, 16–28. https://doi.org/10.7256/2454-0706.2025.4.74045
Abstract:
This article conducts a comparative analysis of the fundamental rights and freedoms defined in the constitutions of Central Asian countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and assesses the state of these guarantees in practice in light of reports from international human rights organizations. The research is based on two main sources: the report "Freedom in the World 2025" published by Freedom House and the "Human Rights Reports 2024" by Amnesty International. Although rights are usually defined broadly in constitutions, under authoritarian regimes, these rights are de facto limited. In this context, it is essential to strengthen an independent judiciary, the rule of law, and democratic institutions to enhance the effectiveness of constitutional guarantees. The study highlights the structural contradiction between norms and practices. Using methods of comparative constitutional analysis and qualitative content analysis, the article systematically examines constitutional guarantees and their implementation in Central Asian countries. The constitutional frameworks of Central Asian countries are analyzed comparatively in terms of fundamental rights and freedoms, including reports and findings from international organizations. While there are many studies dedicated to constitutional rights and freedoms in Central Asia, comparative studies systematically examining the difference between constitutionally recognized rights (de jure) and their practical implementation (de facto) are quite limited. This article fills that gap and analyzes the provisions on fundamental rights in the constitutions of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan compared to the empirical data of international human rights organizations. Thus, the research reveals not only the normative provisions but also the actual ineffectiveness of these provisions, as well as how they become non-functional in the context of authoritarian regimes. Ensuring the rule of law, protecting freedom of speech, and strengthening an independent judiciary should be primary priorities for the constitutional order in these countries to become truly operational not only in written texts but also in social life.
Keywords:
Authoritarian regimes, Political rights, Freedom of expression, Democracy, Human rights, Central Asia, Fundamental freedoms, Constitutional rights, Rule of law, De jure – De facto
International alliances
Reference:
Li, Z. (2025). Interaction of SCO Member States: The Case of the Afghan Problem. Law and Politics, 4, 29–41. https://doi.org/10.7256/2454-0706.2025.4.74007
Abstract:
Member states of the Shanghai Cooperation Organization (SCO), which include Asian and European countries, each with diverse cultural roots and levels of development, form a complex network of relationships. A typical example of the interaction among SCO member states is the Afghan issue, as the member states have close ties with Afghanistan and all face multifaceted challenges such as religion, counter-terrorism, refugees, and drug trafficking. The subject of this article is the interaction of SCO member states concerning Afghanistan, analyzing the models of interaction and the influencing factors of member states on the Afghan issue from the perspective of relational theory. The objectives of the study are: to analyze the mechanism of interaction among SCO member states, the role of promotion, hedging, and rethinking in the process of cooperation among member states; to provide theoretical justifications and political recommendations for the development of the SCO after the expansion of the organization. Based on relational theory, this article analyzes the interactions among SCO member states, draws lessons for the development of the SCO after expansion, and contributes to building a Community of Shared Future for Mankind. The article employs comparative analysis to examine the differences and influences of identity and interests by comparing the interactions of various member states regarding the Afghan issue. The novelty of this article lies in its analysis of the interactions among member states of international organizations through the lens of relational theory, emphasizing that identity and interests occupy a central place in interactions. In conclusion, despite the complexity of the Afghan issue, SCO member states face numerous challenges, wherein a multi-level and multi-dimensional mode of interaction among member states on the Afghan issue is shaped based on the promotion of identity and common interests. Identity serves as an important foundation for interaction among member states, while common interests are the main driving force behind their cooperation. SCO cooperation on the Afghan issue entails the following: establishing a regular SCO-Afghanistan Contact Group based on identity to expand influence over Afghanistan and maintain regional peace and security; addressing the dilemmas of conflicting interests, enhancing mutual trust, and practicing multilateralism through bilateral or multilateral means of interaction.
Keywords:
Central Asia, Russia, China, relational interaction, regional public goods, relationalism, regional security, Afghan issue, SCO, community of a shared future
Jurisprudence
Reference:
Poluyan, D.A. (2025). Features of legal regulation of the activities of self-employed individuals. Law and Politics, 4, 42–56. https://doi.org/10.7256/2454-0706.2025.4.73937
Abstract:
This study is dedicated to the analysis of the legal status of self-employed citizens in the Russian Federation engaged in entrepreneurial activities under the special tax regime "Tax on Professional Income." The article analyzes the applicability of special norms regulating entrepreneurial activities to public relations involving self-employed citizens, considering the mechanisms for including self-employed individuals within the scope of these norms—both through direct mention and by excluding the requirements for a specific legal status. One of the main issues examined in the article is the dual perception of the legal status of self-employed individuals: on one hand, they are entrepreneurs, as confirmed by legislation; on the other hand, their activities are often so small-scale that they may resemble non-commercial activities. The article analyzes legislative changes and justifies the need for a differentiated approach to the application of certain norms of entrepreneurial law to the self-employed. The methodology of the study consists of general scientific and special scientific methods of knowledge. Dialectical, logical, formal-legal, legal-dogmatic, hermeneutic methods of research, and the method of interpretation of legal norms have been employed in the research. The scientific novelty of the research lies in the comprehensive analysis of the legal status of self-employed citizens in Russia, taking into account the contradictions between their actual entrepreneurial activities and the lack of direct legislative recognition of this status. The study goes beyond a mere description of the current legislation by analyzing the problems arising in the application of certain norms of civil law to self-employed citizens. Special attention is paid to the need for a cautious approach in regulating the activities of the self-employed, firstly, considering the existing normative restrictions on their activities under the tax on professional income, and secondly, evaluating the scope of the self-employed’s activities that do not allow full participation in certain types of economic relations. The conclusions of the study demonstrate the necessity for legislative changes aimed at clarifying the legal status of the self-employed and eliminating existing gaps. Particular emphasis is placed on a differentiated approach to the application of bankruptcy norms that take into account the specifics of the self-employed’s activities and minimize negative consequences for the economic environment. The proposed changes are aimed at strengthening trust in the self-employed as entrepreneurs and enhancing the effectiveness of regulation for this category of citizens.
Keywords:
tax regime, individual entrepreneur, legal status, legal regulation, entrepreneurial activity, professional income, self-employed, law enforcement, micro-entrepreneurship, bankruptcy
Theory
Reference:
Mitrokhin, S.S. (2025). The First Stage of Analytical Jurisprudence: Empirical Foundations and the Genus-Differentia Method. Law and Politics, 4, 57–70. https://doi.org/10.7256/2454-0706.2025.4.74083
Abstract:
The subject of this study is the methodological framework manifested in the first stage of analytical jurisprudence. Legal scholarship maintains that analytical jurisprudence originated in the works of the English jurist John Austin, who was influenced by the ideas of his distinguished compatriot Jeremy Bentham. The period dominated by Austin's scholarly project is conventionally designated as the inaugural phase of analytical jurisprudence. Nevertheless, Anglo-American legal theory demonstrates no consensus regarding the explication of methodology during this period. The academic literature presents divergent views: while some scholars contend that Austin failed to develop any methodology distinctive to analytical jurisprudence - with his research representing instead the perpetual application of the classical genus-differentia definitional approach to demarcate empirically observable characteristics of relevant objects - others maintain that Austin conducted a priori analysis, suggesting his methodology was considerably more sophisticated. Proceeding from this dichotomy, the subject of this article involves a problem-theoretical reconstruction of the doctrines of key figures in early analytical jurisprudence through an interpretive methodology. Given analytical jurisprudence's primary focus on examining legal concepts, the reconstruction concentrates particularly on those aspects of their doctrines pertaining to the methods of defining and formulating juridical concepts. This methodological examination reveals that: (1) Austin's jurisprudential project did not adopt Bentham's methodology for handling legal concepts; (2) Austin's principal method for defining legal concepts remained the classical genus-differentia scheme; (3) The methodological dimension of Austin's analytical jurisprudence is more accurately represented as constructing conceptual frameworks for subsequent research; (4) These frameworks manifest in the descriptive and empirical character of the respective methodology; (5) Thomas Holland, the primary popularizer of early analytical jurisprudence, not only remained within these delineated frameworks but perpetuated the use of the classical genus-differentia definitional approach.
Keywords:
Thomas Erskine Holland, Jeremy Bentham, John Austin, legal concepts, descriptive jurisprudence, rationalism, empiricism, methodology, analytical jurisprudence, stages of analytical jurisprudence
Authority and management
Reference:
Khokhlova, A.D. (2025). The Principle of Maintaining Citizens' Trust in the Law and Government Actions in the Context of Tax Administration. Law and Politics, 4, 71–87. https://doi.org/10.7256/2454-0706.2025.4.74272
Abstract:
The article examines the mechanisms for implementing the principle of maintaining citizens' trust in the law and government actions, formulated by the Constitutional Court of the Russian Federation, in Russian tax practice, focusing on the formation and protection of taxpayers' legitimate expectations in disputes with tax authorities. The aim of the work is to analyze the contradictions between the principles of legality and trust in public authority actions within the case law of Russian arbitral courts, including a critical analysis of the legal positions of the Supreme Court of the Russian Federation; classification of categories of taxpayers’ justified expectations in the practice of the Constitutional Court of the Russian Federation; identification of factors influencing the emergence of legitimate expectations, and formulation of conditions for their protection based on a comparative legal analysis of foreign doctrines and case law from common law countries. The methodology includes a formal-legal analysis of the norms of the Tax Code of the Russian Federation, a comparative legal comparison of the implementation mechanism of the similar doctrine of legitimate expectations in the legal practice of the United Kingdom, Belgium, and the Netherlands, as well as a systematic approach to studying court decisions and doctrinal sources. The research results demonstrate that despite the entrenchment of the protection of legitimate expectations in legislation, their implementation encounters restrictive interpretation of norms and inconsistent approaches by regulatory bodies. A special contribution by the author to the study of the topic is the delineation of criteria for the «addressability» of clarifications issued by tax authorities, differentiation of requirements for taxpayer good faith depending on their status, and a proposed model for the realization of legitimate expectations considering the distribution of risks between the state and participants in tax legal relations. The key conclusion is the need for a balance between legality and trust through the improvement of tax administration: increasing transparency of clarifications, making them mandatory, minimizing formalism and arbitrary approaches. The article emphasizes the relevance of protecting causal expectations arising from the actions of tax authorities (clarifications, case law, inaction) and proposes an algorithm for assessing their legitimacy, taking into account the professional status of the taxpayer. The results can be applied to reforming tax legislation, unifying enforcement practices, and will contribute to strengthening trust in government institutions.
Keywords:
formal-legal analysis, taxpayer good faith, legality, tax control, judicial practice, legal uncertainty, good faith tax administration, legitimate expectations, maintaining trust, comparative-legal method
State institutions and legal systems
Reference:
Lepshakov, K.I. (2025). Legal regulation of cryptocurrency in Russia: from problem analysis to strategic solutions through SWOT analysis. Law and Politics, 4, 88–104. https://doi.org/10.7256/2454-0706.2025.4.74255
Abstract:
The subject of the research is the aggregate of social relations arising in the process of legal regulation of cryptocurrencies in the Russian Federation under the conditions of the digitalization of financial markets. The article analyzes the features of the formation of the legal status of cryptocurrencies, the interaction of national legislation with international standards for the regulation of digital assets, as well as the impact of regulatory changes on the development of the cryptocurrency market. Special attention is paid to issues of the legal recognition of cryptocurrency in Russia, the mechanism for regulating operations with digital assets, the regulation of mining, taxation, licensing of cryptocurrency exchanges, and the protection of retail investors. The research includes the identification of key problems, contradictions, and gaps in existing legal regulation, as well as justification for the necessity of improving the legislative framework using the SWOT analysis method to develop strategic solutions in the field of cryptocurrency regulation. The study employs methods of induction, deduction, comparative law, and formal legal methods, as well as a systematic approach. A SWOT analysis was used to identify the strengths and weaknesses of cryptocurrency legal regulation. The basis consisted of regulatory acts, judicial practice, and scientific literature. The scientific novelty of the research lies in the comprehensive application of the SWOT analysis method to assess the state of legal regulation of cryptocurrencies in the Russian Federation, which allowed for the identification of systemic contradictions in legislation and the determination of strategic directions for its improvement. Concrete recommendations for harmonizing the regulation of cryptocurrencies and the digital ruble, taking into account international experience and Russian realities, are proposed in the work. The conducted research showed that the current regulation of cryptocurrencies in Russia develops fragmentarily and is accompanied by a number of legal uncertainties. Despite significant progress, issues of licensing crypto operators, protecting investors' rights, and aligning approaches of various state bodies remain unresolved. For the effective integration of cryptocurrencies into the economy, it is necessary to develop a unified, systematic, and balanced legal stance that takes into account both national interests and international standards for the regulation of digital assets.
Keywords:
retail investors, cybersecurity, taxation, international payments, mining, SWOT analysis, digital ruble, legal regulation, cryptocurrency, legislation