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Aristov E. V., Plotnikova E. S. Assimetriya pravovogo statusa rebenka, zachatogo i rozhdennogo s ispol’zovaniem vspomogatel’nykh reproduktivnykh tekhnologiy [Asymmetry of the Legal Status of a Child Conceived and Born Using Assisted Reproductive Technology]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 504–525. (In Russ.). DOI: 10.17072/1995-4190-2025-70-504-525.

ASYMMETRY OF THE LEGAL STATUS OF A CHILD CONCEIVED AND BORN USING ASSISTED REPRODUCTIVE TECHNOLOGY

 E.V. Aristov

Perm State University

Perm State Humanitarian-Pedagogical University

E-mail: welfarestate1@gmail.com

E.S. Plotnikova

Association ‘Council of the Municipalities of the Lipetsk Region’

E-mail: f89158571116@mail.ru

Received 12 May 2025

Abstract: this article provides a comprehensive research into the problems related to regulating the legal status of a child conceived and born using assisted reproductive technology (ART). Methods: methodologically, the research is based on the authors’ application of general scientific and special methods of cognition to study reproductive rights of a person through the prism of the constitutional right to life. Results: analysis of scientific sources and regulatory legal acts reveals the need for the legal status of a baby conceived  and born with the use of ART to be regulated so as to eliminate the asymmetry of his rights. Conclusions: the emphasis on the moral component in the regulation of ART makes it possible to better protect the rights of a child and ensure the preservation of the value of family and family relations.

Keywords: embryo; fetus; baby; child; constitutional and legal status of a child; rights of a child; assisted reproductive technology, parenthood

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Martynov A. V., Shireeva E. V. Pravovye i prakticheskie voprosy ispol’zovaniya sinteticheskikh dannykh dlya tseley gosudarstvennogo upravleniya v Rossii [Legal and Practical Issues of Synthetic Data Use for Public Administration Pur-poses in Russia]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 526–538. (In Russ.). DOI: 10.17072/1995-4190-2025-70-526-538.

LEGAL AND PRACTICAL ISSUES OF SYNTHETIC DATA USE FOR PUBLIC ADMINISTRATION PURPOSES IN RUSSIA

The study was supported by a grant from the Russian Science Foundation, project No. 25-28-00491, https://rscf.ru/project/25-28-00491/

A.V. Martynov

Lobachevsky State University of Nizhny Novgorod

E-mail: docpred@yandex.ru

 E.V. Shireeva

Lobachevsky State University of Nizhny Novgorod

E-mail: shireevaekaterina@yandex.ru

Received 10 Jul 2025

Introduction: data are becoming the main strategic source, without which it is impossible to make a qualitative transition to advanced generative artificial intelligence and improve methods and approaches to big data processing. However, there are some significant and deep-rooted legal barriers on the way to providing access to large amounts of data for a wide range of users. Purpose: the study aims to substantiate the practical importance of public data lakes for creating synthetic data as well as to explore the prospects for their use for public administration purposes. Methods: the research is based on a combination of general scientific methods (analysis, synthesis, induction, deduction), special scientific methods (statistical, sociological), and specialized methods of cognition (formal legal, comparative legal methods, legal modeling). Results and conclusions: the key issues are the rights in relation to data (who owns the data) and the presence in datasets of sensitive information that, for a number of reasons, must not be openly shared and carries significant risks for the state, society, or the individual. What seems to be the most optimal solution is the formation of large arrays of data (data lakes) managed by the state as well as the spread of the practice of using synthetic data. On its way to a data economy, Russia is actively developing the practice of creation of public data lakes, which can potentially become the source for creating synthetic data. The paper analyzes Russian and foreign experience of legal regulation in this area, identifying practical and legal issues of the use of synthetic data for public administration purposes.

Keywords: synthetic data; data lake; public administration; executive authorities; artificial intelligence; legal regulation; generative artificial intelligence; machine learning

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Berg L. N., Golubtsov V. G. Potrebitel’skoe geneticheskoe testirovanie: problemy pravovogo regulirovaniya [Direct-to-Consumer Genetic Testing: Legal Issues of Regulation]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 539–548. (In Russ.). DOI: 10.17072/1995-4190-2025-70-539-548.

DIRECT-TO-CONSUMER GENETIC TESTING: LEGAL ISSUES OF REGULATION

L.N. Berg

Ural State Law University named after V. F. Yakovlev

E-mail: mila-berg@mail.ru

V.G. Golubtsov

Perm State University

E-mail: predprim.pravo@gmail.com

Received 22 Jul 2025

Introduction: the article provides an overview of the legal aspects of the development of consumer genetic testing (known as direct-to-consumer (DTC) genetic testing), which is becoming increasingly wide-spread in the medical services market. The authors draw attention to the fact that any interested person can undergo genetic testing without a doctor’s prescription and use the obtained results for personal purposes. Purpose: to study the problematic aspects of DTC genetic testing associated with the risks of non-consensual use of genetic information, access of minors to such testing, genetic discrimination, and the problematic implementation of the right to refuse to receive any health information. Methods: traditional theoretical and empirical methods. Results: the paper reveals the undoubted advantages of DTC genetic testing as it pro-vides a wide range of information about the genetic profile. At the same time, negative factors associated with such testing are demonstrated: violation of the confidentiality of genetic information; limited prognostic value of such tests; a lack of genetic counseling, without which consumers are forced to independently interpret genetic information, which can lead to incorrect decisions regarding the need to seek medical care. Conclusions: DTC is a promising model of genetic testing. Meanwhile, in order to ensure maximum benefit from the introduction of DTC testing and minimize possible harm, specific legal regulation of this industry is need-ed, providing increased guarantees of legal protection of consumer interests.

Keywords: legal regulation; direct-to-consumer genetic testing; genetic information; principle of autonomy; confidentiality; personalized medicine

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Bogdanova E. E., Soyfer T. V. Sotsial’no orientirovannye nekommercheskie organizatsii: nekotorye osobennosti parvo-vogo polozheniya [Socially Oriented Non-Profit Organizations: Some Features of the Legal Status]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 549–579. (In Russ.). DOI: 10.17072/1995-4190-2025-70-549-579.

SOCIALLY ORIENTED NON-PROFIT ORGANIZATIONS: SOME FEATURES OF THE LEGAL STATUS

E.E. Bogdanova

Kutafin Moscow State Law University (MSAL)

E-mail: eebogdanova@msal.ru

T.V. Soyfer

Kutafin Moscow State Law University (MSAL)

E-mail: tvsojfer@msal.ru

Received 22 Jun May 2025

Introduction: the establishment of the special category of socially oriented non-profit organizations (SONPOs) at the regulatory level was necessitated by the need to create an optimal regime for their effective operation and to provide them with comprehensive support. Despite their significance and unique possibilities in the social sphere, SONPOs have not yet received sufficient scholarly attention in Russian legal doc-trine. Moreover, legislative regulation of SONPOs and certain relationships with their participation has several shortcomings, which diminishes the effectiveness of their socially beneficial activities and may create conditions for abuses. Purpose: to identify the features of the legal framework of SONPOs, which operate in public and private interests, combining the performance of social functions of the state with the participation in civil turnover, as well as to determine directions for further improvement of legal support for their activities. Methods: empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; special scientific methods, including the legal-dogmatic method and the interpretation of legal norms. Results: it has been established that the key purpose of SONPOs lies in the implementation of state social functions, which influences the private-law aspects of their status and requires special approaches in regulating civil law relations involving them. Conclusions: the criteria for distinguishing SONPOs from other non-profit organizations lack necessary clarity. The concept of SONPO requires clarification at the regulatory level, with the legal forms acceptable for them clearly stated. The question of the place of SONPOs in the model of social entrepreneurship can be solved by distinguishing among them a special group of organizations that possess a specific legal status and are recognized as social entrepreneurship entities. The activities of SONPOs in implementing state social functions influence their civil-law status, which necessitates the creation and legal formalization of special mechanisms for regulating relationships with their participation. In particular, the paper justifies the need to apply an increased standard of good faith and caution to SONPOs and also substantiates the feasibility of introducing a framework for state supervisory liability for the activities of SONPOs.

Keywords: socially oriented non-profit organizations; non-profit organization; legal entity;  private and public interest; social entrepreneurship; social functions of the state; support for socially oriented non-profit organizations; liability; principle of good faith

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Kratenko M. V., Erbakhaev E. A. Shtrafnye (karatel’nye) ubytki: zarubezhnyy opyt i perspektivy implementatsii v rossiyskoe pravo [Exemplary (Punitive) Damages: Foreign Experience and Prospects in Russian Law]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 580–602. (In Russ.). DOI: 10.17072/1995-4190-2025-70-580-602.

EXEMPLARY (PUNITIVE) DAMAGES: FOREIGN EXPERIENCE AND PROSPECTS IN RUSSIAN LAW

M.V. Kratenko

St. Petersburg State University

E-mail: maxkrat@yandex.ru

E.A. Erbakhaev

China University of Political Science and Law

E-mail: erbakhaev@mail.ru

Received 28 Aug 2025

Introduction: the authors examine the concept of exemplary (punitive) damages, well known to common law countries, including the history of the emergence of this institution, its functions, and trends in legal regulation. Purpose: to compare punitive damages with other forms of civil liability, including those of over-compensatory (punitive) nature; to formulate the preconditions for awarding them; to assess the prospects of the implementation of this institution in Russian legislation and to outline possible areas of its application. Methods: dogmatic method, historical method, comparative legal analysis. Conclusions: tort law reforms in the United States and other common law countries have transformed punitive damages from so-called wind-fall into a socially useful tool that makes it possible to punish selectively and to deter wrongdoing by persons who consciously disregard the rights and legitimate interests of others. This explains the inclusion of norms on punitive damages in the civil legislation of some Asian countries (PRC, South Korea) as well as the discussion held in the doctrine of continental Europe. Assessing the prospects of the introduction of punitive dam-ages in Russian law, the authors note the presence in Russian civil legislation of sanctions that fulfil similar functions, highlighting the excessiveness of these sanctions in the regulation of relations under consumer law. It is proposed to adjust the existing model of consumer fine (part 6 of Article 13 of the Consumer Protection Law) in terms of the prerequisites for its collection and the ‘beneficiaries’ of the awarded amount.

Keywords: outrageous act; gross negligence; exemplary damages; punitive damages; punishment; consumer rights; product liability

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Kilina I. V. Prokuror v sostyazatel’nom ugolovnom protsesse: kombinatorika protsessual’nykh funktsiy [The Prosecutor in Adversarial Criminal Proceedings: A Combinatorics of Procedural Functions]. Vestnik Permskogo universiteta. Ju-ridicheskie nauki – Perm University Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 603–617. (In Russ.). DOI: 10.17072/1995-4190-2025-70-603-617.

THE PROSECUTOR IN ADVERSARIAL CRIMINAL PROCEEDINGS: A COMBINATORICS OF PROCEDURAL FUNCTIONS

I.V. Kilina

Perm State University

E-mail: kilinairinav@gmail.com

Received 13 Oct 2025

Introduction: the historically determined polymorphism of the prosecutor’s procedural functions re-quires resolving the Issue of the nature and the powers of the prosecutor as the party supporting official prosecution in court. A systematic analysis of the provisions of the criminal procedure law and of their constitutional interpretation exposes the problem of syncretism in the current regulation of the prosecutor’s influence on setting the limits of judicial proceedings. On the one hand, the Constitutional Court of the Russian Federation consistently defends the independence of the court, its autonomy in decision-making, the possibility to discretionally verify evidence. This approach deserves to be supported, however, the procedural capabilities of the court are nulled by the prosecutor’s exclusive right to determine the applicable norms of the criminal law for qualifying the circumstances of a particular criminal case as well as by the absence of conditions in the law under which the prosecutor’s refusal to charge is mandatory for the court. Purpose: the study aims to propose an optimal definition of the procedural function of conducting public prosecution by the prosecutor, while taking into account the systemic interpretation of the adversariality principle in the spirit of the concept of strong (active) court in the criminal process of Russia. The objectives of the study are to identify the procedural nature of the prosecution function in court proceedings; to formulate the conditions under which the prosecutor’s managing of public prosecution will simultaneously take into account public and private interests when resolving a criminal case on its merits. Methods: the author employed the methods of formal and dialectical logic, generalization, comparative legal and formal legal methods, methods of interpretation of legal norms, study of documentary sources, analysis of judicial practice, legal forecasting, etc. The author concludes that the prosecutor supports prosecution on behalf of the public on the basis of professional commitment to an objective assessment of evidence and to making legitimate, fair, and objective decisions in view of the pervasive influence on any decision of the function of supervising the legality of the process. The article substantiates the need to introduce into the law the conditions of the motivation and timeliness of the prosecutor’s refusal to charge and to exclude the critical significance of the prosecutor’s opinion on the substantive law to be applied.

Keywords: adversarial nature; limits of judicial proceedings; prosecutor; criminal prosecution; charge; refusal to charge; change of the charge

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Pleshakov A. M., Shkabin G. S. Ugolovno-pravovoe znachenie zhivotnykh i ikh ispol’zovanie pri ispolnenii nakazaniya: kriticheskiy analiz pravoprimenitel’noy praktiki [The Criminal Legal Significance of Animals and Their Use in the Execu-tion of Punishment: A Critical Analysis of Law Enforcement Practice]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 618–631. (In Russ.). DOI: 10.17072/1995-4190-2025-70-618-631.

THE CRIMINAL LEGAL SIGNIFICANCE OF ANIMALS AND THEIR USE IN THE EXECUTION OF PUNISHMENT: A CRITICAL ANALYSIS OF LAW ENFORCEMENT PRACTICE

A.M. Pleshakov

Research Institute

of the Federal Penitentiary Service of Russia

E-mail: pam7185@ya.ru

G.S. Shkabin

Research Institute

of the Federal Penitentiary Service of Russia

E-mail: uprzn@ya.ru

Received 04 Jun 2025

Introduction: the article is devoted to a comprehensive analysis of the dual role of animals in the legal sphere: as an instrument for committing crimes and as a potential means to be used in programs for the resocialization of convicts and the prevention of recidivism. The relevance of the study is due to gaps in legislative regulation and law enforcement practice. The authors highlight the need to search for new methods of correction in light of the implementation of the Federal Law ‘On Probation in the Russian Federation’. Purpose: the paper aims to provide a critical analysis of law enforcement practice in cases of crimes committed with the use of animals and to assess the prospects for applying foreign experience in resocialization pro-grams in Russia. The objectives of the study are as follows: to identify typical ways of using animals in criminal activities; to analyze the problems of qualifying such acts; to study the potential for using animals in penitentiary and post-penitentiary probation. Methods: the study is based on the dialectical method of cognition with the use of general scientific methods (analysis, synthesis, systems approach) and specific scientific methods (formal-legal, comparative-legal, statistical methods, content analysis). In the course of the re-search, more than 5,000 sentences passed by Russian courts in 2020-2025 were analyzed, narrative inter-views with employees of correctional institutions were conducted. Results: the study has found that animals (mainly dogs) are used in the acts of robbery, hooliganism, and violence against government officials, serving as an instrument of crime. Problems in the legal assessment and qualification of such acts were identified. Foreign experience in resocialization programs with the participation of animals was analyzed, demonstrating their positive impact on convicts. Conclusions: the paper substantiates the need for further research on the problems of using animals in criminal activities and on the potential of animal-assisted therapy for resocialization. It is proposed to conduct empirical generalization of data on such crimes and to develop ex-perimental resocialization programs with the participation of animals in Russia.

Keywords: zoological crimes; animals; animals as instruments of crime; crime prevention; recidivism; social programs; resocialization

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Soloveva E. A. Genezis ucheniya o sostave prestupleniya v pravovykh sistemakh sovremennosti [The Genesis of the Doctrine of the Composition of a Crime (Elements of a Crime) in Modern Legal Systems]. Vestnik Permskogo universi-teta. Juridicheskie nauki – Perm University Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 632–645. (In Russ.). DOI: 10.17072/1995-4190-2025-70-632-645.

The Genesis of the Doctrine of the Composition of a Crime (Elements of a Crime) in Modern Legal Systems

E.A. Soloveva

Perm State University

E-mail: solovevapsu@yandex.ru

Received 05 Jul 2025

Introduction: the article is devoted to a comparative analysis of the doctrine of the composition of a crime (elements of a crime). The author attempts to explain the differentiated approach to including the theory of the composition of a crime in the national criminal law of different states. Purpose: to identify how the historical trajectory of the law formation has influenced the development of this doctrine in criminal law. Methods: the study employed general scientific methods as well as historical, comparative legal, and legal-dogmatic methods. Results: the analysis has established that the historical trajectory of the law development and formation and the belonging of a state to a certain legal family condition the understanding of the composition of a crime.  Conclusions: for the countries of the continental legal family, the doctrine in question is of key importance: the composition of a crime (of an act) is a description of this crime in the law. In the states belonging to the Anglo-Saxon system of law, the composition of a crime is used in the procedural sense – as a set of objective facts indicating the crime committed, and in the substantive sense – as a model of crime characterized by two elements: actus reus and mens reа, the signs of which can be found in codified acts and common law. When translating, legal authors equate the simplified structure of a crime and the composition of a crime in Russian understanding, although in the Anglo-Saxon theory of substantive criminal law the category of the composition of a crime is not developed. In the Muslim legal family, the composition of a crime has not acquired an independent meaning although there is a tendency to adopt the legal structures of the legislation of Western states. In Asian countries, there were further developed both the Soviet theory of the composition of a crime (in the People’s Republic of China (PRC) and Mongolia) and the German doctrine of Tatbestand (in Japan). Currently, the PRC uses its own systematic theory of crime. The only normative act that enshrines the concept of the composition of a crime is the Criminal Code of the Republic of Moldova.

Keywords: composition of a crime; model of a crime; elements of a crime; structure of a crime; criminal law

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Chebotareva I. N. Razdelenie vlastey i ugolovnoe sudoproizvodstvo v Rossiyskoy Federatsii [Separation of Powers and Criminal Proceedings in the Russian Federation]. Vestnik Permskogo universiteta. Juridicheskie nauki – Perm Universi-ty Herald. Juridical Sciences. 2025. Issue 4(70). Pp. 646–672. (In Russ.). DOI: 10.17072/1995-4190-2025-70-646-672.

SEPARATION OF POWERS AND CRIMINAL PROCEEDINGS IN THE RUSSIAN FEDERATION

The study was carried out as part of the state assignment ‘Legal measures behind strategic priorities of countering national security threats’ (FENM – 2025– 0010). Registration number 1024031900131-7-5.5.1

I.N. Chebotareva

Southwest State University

E-mail: cheb_irina@mail.ru

Received 28 May 2025

Introduction: the activities of the authorities (power-holding entities and persons) engaged in criminal proceedings are influenced by general problems of the organization, legal status, and functioning of government bodies, existing and operating under the principle of separation of powers, recognized in the Russian Federation at the constitutional level. The purpose of this article is to study the issues of the organization and functioning of public authority in criminal proceedings under the constitutional principle of separation of powers. Methods: the systemic approach was used to consider criminal proceedings as a system of activities of the authorities engaged in criminal prosecution (accusation) and resolution of criminal cases and also as an element of a higher-level system – the activities of government bodies. The study employed general scientific methods (analysis and synthesis, induction and deduction) and specific scientific methods (formal-legal, historical-legal). Results: the study has revealed a relationship between the separation of powers and criminal proceedings as one of the areas of activity of authorities; determined the significance of the separation of powers for criminal proceedings; established how the principle of separation of powers is implemented (organizationally and functionally) in the course of criminal proceedings. Conclusions: the se-mantic content of the separation of powers in criminal proceedings, as a principle of the organization and functioning of state authority, includes: independence of the activities of each body and official within the boundaries of law and their competence; distribution, legally regulated in the criminal procedure law, of the functions and powers of officials and government bodies being power-holding actors in criminal proceedings; ensuring the mechanism of mutual restraint and control in criminal proceedings. Such content reflects the formal (organizational separation of government bodies) and functional (establishment of specific powers of officials, their functional separation) approaches to the consideration of the separation of powers in criminal proceedings. Both approaches are currently closely intertwined in the organization and functioning of the authorities (i.e., power-holding actors) engaged in the criminal process, their interaction, which is the result of a long historical path of development.

Keywords: criminal proceedings; separation of powers; judicial power; prosecutorial power; investigative power; balance of powers; checks and balances; national security