亲爱的朋友们!
我 们 谨 代 表 学 术
期 刊 《 中 俄 法 学 》
编 委 会 向 各 位 读 者
表 示 诚 挚 欢 迎 。 《
中 俄 法 学 》 是 专 门
研 究 中 、 俄 两 国 法
学领域重要前沿问题
的学术期刊。
今 天 呈 现 给 大 家
的是本刊的第三期。
任何学术刊物都是进
行学术交流的平台，
尤其本刊还是由分属
两个国家的高等学府共同主办的学术期刊，其意
义更为深远。
2019年对于中俄两国而言，是具有特殊意义的一
年。这一年是中俄建交70周年。2019年6月，中华人
民共和国国家主席习近平和俄罗斯总统普京在莫斯科
共同签署了《中华人民共和国和俄罗斯联邦关于发展
新时代全面战略协作伙伴关系的联合声明》，两国元
首共同确定2020年至2021年举办中俄科技创新年。
中、俄两国充分认识到，在经济关系全球化和一
体化进程进一步深化的背景下，科技创新因素在确
保社会经济可持续发展和提高国民经济竞争力方面
发挥着日益重要的作用。
中俄科技创新合
作 年 是 两 国 首 次 举
办 的 科 技 创 新 合 作
国 家 年 ， 也 是 中 俄
关 系 进 入 新 时 代 后
的第一个国家年。
应当说，河南大
学 和 莫 斯 科 国 立 法
律 大 学 （ 以 库 塔 芬
命 名 ） 之 间 的 学 术
合作，开创了中俄关
系的创新模式，为中
俄两国科学和教育领
域的合作发展做出了
突出贡献。
河南大学和莫斯科国立法律大学共同创办的学术
期刊《中俄法学》，实现了中国和俄罗斯两所高校
之间协同共创法学学术期刊的愿望。本学术期刊在
学界的影响力与日俱增。
《中俄法学》是目前可以同时刊发中、俄两国
法学家学术论著的唯数不多的刊物之一。毋庸置
疑，我们合作共办的学术杂志《中俄法学》，其
作用和重要性必将日益凸显，因为我们对两国未来
的科学合作充满希望。通过加强科教领域的合作交
流，必将推动中俄两国战略协作伙伴关系的全面、
可持续发展。

Based on the analysis of international acts, the article characterizes the international legal standards of the digital economy and assesses the possibilities of their implementation in Russian legislation.

The article discusses the theoretical and practical aspects of the regulation of national digital currencies (CBDC). The benefits and risks of their implementation are analyzed, taking into account the peculiarities of the functioning of the financial and monetary systems. The article summarizes the foreign experience of a number of countries that have initiated the implementation of national cryptographic systems (state  stablecoins). The impact of the global global challenge — the pandemic-on the activation of the creation of national digital currencies has been studied.

The article deals with the legal regulation of scientific information in various foreign jurisdictions. The authors highlighted actual problems associated with the protection of scientific information by legal means. Particular attention is paid to the analysis of the legal regulation of open access to scientific information.

According to the characteristics and current situation of the crimes of infringing intellectual property rights, as well as the purpose and value of occupational prohibition, the occupational prohibition should be paid more attention and applied more generally in such crimes to overcome the current dilemma. When applying the occupational prohibition, we need to grasp the three basic principles of applicability, necessity and proportionality. We should focus on examining the relationship between the crime of infringing on intellectual property rights and the actor’s occupation, that is, whether the crime was committed by taking advantage of the actor’s occupation or the crime was committed in violation of the specific obligations required by the actor’s occupation.

When the person’s administrative illegal act reaches a certain degree of social harm and violates the criminal law, the change of the administrative illegal act to the administrative crime is appeared. Therefore, the administrative crime links the administrative illegality with the criminal illegality, as well as the administrative law and the criminal law, which makes the relation of these two factors more and more closely. However, if the administrative illegal cases achieve the standard of crime, it should be transferred from the administrative law enforcement organs to the judicial organs. To be based on this, the connection of the administrative law enforcement and criminal justice become possible.
In the field of copyright law, the copyright law and the criminal law constitute the legal protection system of copyright. Although Article 48 of the copyright law provides a legal basis for substantive linking between copyright law and criminal law, but there are some problems between them. More concretely, it mainly includes the following four aspects: First, on the criminal object aspect, there is a lack of cohesion between the copyright law and the criminal law. The copyright law protects both moral rights and property rights. However, the criminal law mainly protects property rights and a few moral rights. For example, the criminal law only protects the authorship right of artistic works. Thus, the scope of the object protected by the criminal law is much smaller than that of the copyright law. Then, on the objects of criminal behavior aspect, there is a lack of cohesion between the copyright law and the criminal law, too. The copyright law protects all works of literature, art and natural sciences, social sciences, engineering technology, etc. However, the object of the copyright crime is limited to literary works, music, movies, television, video works, computer software and other works. At the same time, the criminal law stipulates different objects according to the different ways of copyright infringement. Obviously, the types of works protected by the criminal law are far less than  those protected by the copyright law.
Next, the linking between copyright law and criminal law is imperfect on the objective aspect of crime. Article 48 of the copyright law stipulates eight specific copyright infringements, but the criminal law only criminalizes four of them. This makes the majority of copyright infringements stipulated in the  copyright law not guaranteed by the criminal law. Consequently, the protection of the copyright law
by the criminal law becomes impossible.
Finally, there are inconsistencies between the provisions of the criminal law and the copyright law on the subjective aspects about copyright infringement. The criminal law stipulates that the subjective aspect of the copyright crime is intentional, and the perpetrator should have profit-making purposes. Therefore, the perpetrator has profit-making purpose is the main point to judge whether the copyright infringement constitutes the copyright crime. On the contrary, no matter the copyright infringement of stipulated in Article 46 or Article 47 in the copyright law, there is no need for the perpetrator to have a subjective profit-making purpose. As a result, many serious copyright infringement stipulated in the copyright law should constitute crimes, but there is no corresponding provision in criminal law, which ultimately leads to these copyright infringements escape the punishment of criminal law.
In order to improve and perfect the mechanism linking criminal justice and administrative enforcement in copyright, it is firstly necessary for us to expand the scope of the copyright crime object. Although the objects protected by the criminal law and the copyright law are all copyright, the scope of the objects protected by the two laws doesn’t completely coincide. Specifically, the object scope of the criminal law on the protection of copyright crime is much smaller than that of the administrative law on the protection of copyright infringement. It is bad for the construction of the legal protection system of  copyright.
So we should to revise the relevant provisions of the criminal law with reference to the provisions of the copyright law, to integrate all the personal rights of works other than the right of signature of artistic work into the scope of protection of the criminal law.
Secondly, to extend the scope of the copyright criminal behavior objects. As the object of copyright crime stipulated in the criminal law only screens out some types of works stipulated in the copyright law, a serious copyright infringement often occurs in the judicial practice of copyright legal protection, which can’t be regulated because it infringes on the object of action not protected by the criminal law. Therefore, it is necessary to take the provisions of the copyright law as the standard, bring the works stipulated in the copyright law into the scope of protection of the criminal law, so as to prevent copyright infringement which seriously endangers the society from occurring in the field of copyright protection, but the criminal law can’t regulate it.
Thirdly, to expand the behavior types of copyright crime regulation. As a serious copyright infringement,  the provisions of copyright crime in the criminal law don’t link up with the general copyright infringement, resulting in eight kinds of copyright infringement stipulated in the copyright law because of the lack of corresponding provisions in the criminal law, some infringements aren’t regulated by the criminal law. Consequently, it affects the effect of law application and the full protection of copyright.
So we should incorporate all the eight kinds of copyright infringement listed in Article 48 of the copyright law into the regulation of the criminal law.
Finally, to abolish the "profit-making purpose" of the subjective aspect in the copyright crime. The  copyright crime is an administrative offence, which determines that the nature of copyright infringement should be judged by the copyright law firstly, since the copyright law stipulates that the establishment of copyright infringement doesn’t require the perpetrator to have a "profit-making purpose", it is reasonable to abolish the definition of "profit-making purpose" for the copyright crime based on the theory of administrative crime and the determination of the copyright law.

The punitive compensation system was first introduced byConsumer Rights and Interests Protection Law of China in the 1990s, and has since been established in a number of legislations, such as the Product Quality Law, the Food Safety Law, the Tort Liability Law, and so on, which has played a role in punishing and curbing the existence of a large number of fraudulent consumers and malicious infringements in society. Against the background of China’s full implementation of the Outline of the National Intellectual Property Strategy, Article 63 of the Trademark Law, which was revised in 2013, for the first time introduced punitive damages in the field of intellectual property rights, and pioneered the system of punitive compensation in the field of intellectual property rights in China. Subsequently, the Article 76 of China’s Copyright Law (Amendment Draft for Review) in 2014 and the Article 65 ofChina’s Draft Amendments to the Patent Law (Draft for Comments) in 2015 both plan to introduce punitive damages. At present, Article 961 of the Civil Code Tort Liability (Draft Second Review Draft) is being compiled to introduce punitive damages into the field of intellectual property infringement, and to make the system of punitive compensation for intellectual property rights a new subject in the system of compensation for intellectual property damages.
The punitive compensationsystem has three functions: punishment, prevention and compensation. Among them, the function of punishment is the primary function of punitive  compensation, the preventive function is the core function of punitive compensation, and the function of compensation is the basic function of punitive compensation. The achievement of fairness and justice through private law is the philosophical basis for the introduction of punitive compensation of intellectual property rights. Reducing the cost of defending rights, raising the cost of infringement, and not benefiting from illegal acts has laid the economic foundation for the introduction of punitive compensation for intellectual property rights.Only by introducing punitive compensation in the field of intellectual property can we make up for the difficulties of public law governance and the relief defects of compensatory compensation system, and become an effective way to crack the recurrence of malicious infringement of intellectual property rights.
With the rapid development of the socialist market economy with Chinese characteristics and the in-depth promotion of the "Belt and Road" strategy, it has become the general consensus of all sectors of society and all countries in the world to increase the illegal cost of intellectual property rights and strengthen the legal protection of intellectual property rights. The construction of China’s intellectual property punitive compensation system should be based on Article 961 of the People’s Civil Code of the People’s Republic of China, and supplemented by the relevant punitive compensation provisions of the Trademark Law, the Copyright Law and the Patent Law, and supplemented by special provisions of other intellectual property rights. In judicial practice, the relationship between punitive compensation and compensatory compensation should be properly handled, and the applicable conditions of punitive compensation should be strictly qualified from the subjective "intentional" and objective "circumstances, scale, damage results and other factors.
The calculation base of punitive damages for intellectual property rights in China shall include the actual loss of the victim, the benefit obtained by the infringer, the license fee for knowledge products, and the amount of discretionary compensation. In order to increase the illegal cost of the infringer, the victim can be given the right to choose the compensation base, the victim can choose from the actual loss, the infringer’s benefit, knowledge product license fee to choose the calculation base which is conducive to obtaining more compensation. Regarding the calculation ratio of punitive compensation, it is appropriate to refer to the calculation standard of punitive damages abroad, and the judge should make a discretion arying comprehensive judgment according to the subjective and objective factors of the tort. Punitive damages is a "double-edged sword" and should be alert to its abuse and general use in the field of intellectual property rights.

Harmonious coexistence and coordinated development between human beings and animals is an important manifestation of the harmony between human beings and nature, as well as the inherent  requirement of building a harmonious society. Frequent animal abuse and unreasonable use of animals have become an important factor in triggering domestic social contradictions in China, and which is not conducive to the further presentation of national soft power at the international level. Based on the characteristics of effectively mediating moral disputes between human beings and animals, perfecting the market order of animal products consumption, and effectively responding to public opinion disputes at home and abroad, animal welfare legislation is the fundamental measures to solve the above problems.
Overall, the current legislation on animal protection in China is still unable to meet the realistic needs of animal welfare protection in the context of a harmonious society. Animal welfare legislation needs to be improved urgently, and the specific situation involves: The legislative system of animal protection is incomplete, lacking the basic law to protect animals in an all-round way, and the specialized legislation of animal protection is extremely limited, which makes it difficult to reach the animal category covered by the concept of animal welfare; The purpose of animal legislation is to pay attention to the rational development and safe use of animals, and the concept of animal welfare is generally lacking, which can not form the necessary pertinence, effectiveness and comprehensive system of animal welfare protection; Although animal welfare provisions are involved in some animal legislation, there is a general lack of substantive protection, especially the lack of substantive liability constraints, which can  not effectively suppress the phenomenon of damage to animal welfare in reality, and the legal  effectiveness is generally poor. 
Under the background of actively promoting the construction of a harmonious society and implementing  the strategy of governing the country according to law in China, it has become an important issue oncerning the stability of social order, the image of the country and the maintenance of interests to a certain extent to actively pay attention to and strive to promote the perfection of animal welfare legislation in China.Considering the insufficiency of current animal welfare legislation in China and the fact that domestic and foreign attention to animal welfare issues has gradually increased, active measures should be taken to improve China’s animal welfare legislation as soon as possible.First of all, the main reason for the anomie of the relationship between human beings and animals and the lack of consensus on the protection of animal welfare lies in the persistence of human-centered ethics and development concept. Therefore, the improvement of animal welfare legislation needs to deepen the education of animal ethics and physiological consciousness, expand the scope of citizens’ understanding of animal value, and create a positive social atmosphere for animal welfare legislation. Secondly, the imperfect animal protection legislation system, the narrow scope of animal protection and the lack of animal welfare legislation are the important reasons for the anomie of the relationship between animals and human beings. Therefore, animal protection legislation should be further improved in the light of expanding the scope of animal protection, integrating the concept of animal species protection and utilization with animal welfare protection, and following the principle of progressive legislation, so as to lay a legal foundation for the full implementation of animal welfare concept. Thirdly, the system is the collection of orderly relations between people. The construction of orderly relations between people and animals also needs to standardize effective management system, perfect animal traceability management system, scientific animal welfare standard system and strict animal welfare  security system.

Double pressure from global warming and development of low carbon economy makes research and development of green technology to be global attention. We hope to solve environmental problems and promote low-carbon economic development by green technology accelerating research and diffusion. Patent system is necessary to make a response to it. Innovative examination and enforcement system of green patent is important way to solve environmental problems and promote green development. Although patent system mainly embodies the will of private rights subject, moderate and reasonable government intervention is necessary. Among it, playing a positive role of government intervention is the key point of ensuring green patent establishment and enforcement.
Government reasonable intervention of green patent has its legitimacy, mainly basing three needs: public goods property of addressing climatic issues; green technology innovating and diffusion; coordination of reasonable public power intervention and patent system. Solving climatic issues belongs to typical public goods. That needs governments undertaking obligations of green patent intervention. Through government reasonable intervention of green patent system, green patent examination system can promote green technology innovation and green patent enforcement system can promote green technology diffusion. Handing well relationship between government public power intervention and private rights property, and maintaining a healthy balance, will promote green patent system healthy development.
Government intervention of green patent system, is mainly embodied in two sides: one is environment department participation in standard definition, the other is green patent accelerating examination system. Green patent definitions are different in various countries patent system. Learning from other country experience and basing our country actual condition, we can grasp the green standard: the law specifies the definition of green invention; environmental protection administration introduce specialized green technology classification table; environmental protection administration and patent administration establish a joint working mechanism to examine patent. Green patent accelerating
examination system has been patent system innovation in many countries. Government intervention in green patent accelerating examination system should consider three factors: green patent examination quality should not be reduced; general patent examination quality should not be affected; overall patent review capacity should be improved.
Government reasonable intervention of green patent includes two sides: government guidance in green patent pool and realization of public interest in compulsory licensing of green patent. Because green patent pool loads environmental rights and interests target, government intervention and moderate guidance is necessary to build green patent pool. Government guidance starts from three aspects: preferential government measure will be incorporated into the local economic and social development plan; preferential government measure will be determined by the value of green patent from the pool member; direct administrative intervention should be avoided. In patent law, weakness and deficiencies of compulsory patent licensing system should be remedied. On this basis, two sides work should be done well in compulsory green patent licensing system. One is the definition of public interests should be stipulated in patent law. Then compulsory green patent licensing of environmental protection purpose can be incorporated into compulsory patent licensing of public interest purpose. The other is environmental legislation should be docked with compulsory licensing system of green patent. We suggest the definition of public interest added in patent law: public interest includes national defense
needs, environmental protection, the public interest purpose and so on, determined by the patent  administrative department under the state council. The provisions should be added in detailed rules for the implementation of the patent law: For environmental protection of public purpose, environmental friendly technology can be compulsory licensed. Environmental friendly technology is made up of those can save energy and resources, reduce and avoid environmental pollution.

The article analyzes the place of environmental migration in international law and domestic legal systems of individual States. The article notes that environmental migration is one of the types of forced migration, which despite the wide discussion by the international and scientific community of the need to create international and domestic legal mechanisms for its regulation and protection of the rights and freedoms of environmental migrants by analogy with the effectively functioning in the world and individual States system of protection of — persons who have left the state of their nationality or permanent residence because of persecution on the basis of race, religion, nationality, belonging to a certain social group or political opinion are not officially recognized in the world and do not have appropriate international and domestic mechanisms for their protection.

The General Provisions of the Civil Law of the People’s Republic of China (hereinafter referred to as the “General Provisions of the Civil Law”) is the general part of the Chinese Civil Code, whose Article 185 stipulates how to protect the name, likeness, reputation and honor of heroes or martyrs from the perspective of civil liabilities. Articles 25 and 26 of the Law of the People’s Republic of China on the Protection of Heroes or Martyrs (hereinafter referred to as the “Heroes or Martyrs Protection Law”) which shows the basic structure and main rules of the Chinese protection of the personality interests of heroes or martyrs, make more detailed provisions to refine and supplement the General Provisions. The legal dogmatic methodology is applied in this paper to analyze and interpret the “heroes or martyrs”, “harming public interests “,”name, likeness, reputation, honor”, and civil litigation procedures and public interests litigation procedures in the Chinese laws which stipulate the protection concerning personality interests of heroes or martyrs, on the basis of analyzing the relevant subjects of interests protection concerning the heroes or martyrs, the composition of the tort liability and the  nature of protected interests , the scope of the protected interests and implied relief procedures . And it is pointed out in this paper that the differences in the scope of personality interests protected by Article 185 of the General Provisions of the Civil Law and Article 25 of Heroes or Martyrs Protection Law will lead to inconsistencies in the application of the laws; Article 185 does not link the personality interests protection of heroes or martyrs with that of the deceased, which does not correspond the  general protection with special protection, causing logical misplacement in legislation; simple enumerated legislation limits the protected personality interests of heroes or martyrs, which, to some extent , inevitably affects and weakens the achievement of legislative purposes under Article 185 of the General Provisions of the Civil Law and the Heroes or Martyrs Protection Law. Therefore, the legislative outlook is made, and specific following suggestions for improvement are put forward : firstly, in the aspect of rules making, the rules about protecting the personality interests of the deceased, heroes or martyrs should be added to the relevant laws to achieve the correspondence and coordination of abstract personality and specific personality, general protection and special protection; secondly, in the aspect of the legislative structure and system design, three parts of the Civil Code, which are the General Rules of the Civil Code, Personality Rights of the Civil Code and Tort Liabilities of the Civil Code, should include and coordinate the rules concerning the protected personality interests of the deceased and the protected personality interests of heroes or martyrs; thirdly, in the aspect of coordinating the civil procedures and public interests procedures, the relevant rules under Heroes or Martyrs Protection Law and Civil Procedural Law should be modified and perfected in order to coordinate and match the substantive and procedural laws on the personal interests protection of heroes or martyrs so that legislative purposes of protecting the personality interests of heroes or martyrs are achieved, the spirits of the martyrs are valued and spread, the core values of socialism are fulfilled.

Deputies to people’s congresses enjoy the right to elect the personnel of a state organ, members of the Standing Committee of the People’s Congress at the same level and deputies to the People’s Congress at a higher level in accordance with the provisions of the law. Based on the official nature of the right to vote, deputies to NPC can not transfer their right to vote and sell votes. As selling ballots is an illegal exercise of their official duty, they should assume for corresponding criminal responsibility for the crime of undermining election and bribery provided in the Criminal Law of China. Moreover, delegates to NPC who have the status of public officials shall be included in the supervision , and strengthen the responsibility inquiry.

1993年12月《俄罗斯联邦宪法》通过，一系列具有现代宪法精神的制度被确定下来。《俄罗斯联邦宪法》确认了西方民主政治的模式，仿照西方采取了”三权分立”制度，在实践中演变 出了立法、行政、司法、总统、检察”五权分立”模式，并相应地形成了权力制约和监督机制。在 宪法民主模式之下，宪法对司法权独立予以确认，人权保障的宪法确认使得人权价值不断凸显，宪 法监督制度保障了宪法的良性运行。在俄罗斯联邦宪法制度发展过程中，依然存在着诸多问题，如 总统权对分权和权力制约的限制、人权保障与国家主权之间的冲突、司法权独立的困境、宪法监 督制度与政治之间的微妙关系，这些都给宪法制度的发展提出了挑战。《俄罗斯联邦宪法》及宪 法制度的优化都需要对这些问题予以关注和解决，并继续推动俄罗斯政治体制、经济和社会发展。

The article examines the problem of "state interest" — the most important political and legal category. The problem is directly related to the problem of state sovereignty, formulated in the era of absolutism, but of great importance in the formation of national statehood in Europe. The idea of" state interest "interacts with the theory and practice of "state of emergency", the most acute and relevant moment in state policy.

Using the system-structural method, the article investigates the mechanism of public authority organization in the Russian Federation. Particular attention is paid to the executive branch of government, and the content of the public administration process carried out by it is revealed through the functions, methods and forms of management. The concepts of functions, powers, competencies are considered as elements of the characteristics of the administrative-legal status of the executive authority, while it is noted that an increasing place among the methods and forms of their implementation is occupied by the interaction of management entities. Directions for scientific research in the framework of the topics discussed are proposed.

The article discusses the problems of innovation in the criminalistics’development. The problems of the formation the theory of information and computer support of criminalistics activities are being discussed. The definition of its subject, objects, studied patterns is substantiated. The system of this forensic theory is proposed.

A place where there are human beings, there will be decision-making activities. As early as two hundred years BC, the word of “decision-making” in the there are records -“contingency, the momentum, method of decision-making”. Decision-making is a collection of people make choices and behavior on the goals and methods achieve their goals in the future. In the small-scale production era of science and technology underdeveloped, due to the small scale of social production, the slow pace of social change and the impact of social activities are not widely, decisions are made usually based on their own personal experience, knowledge, abilities, etc. Its main features are: individual decision-making, decision-making experience, closure decisions. Today, with the development of society, the rapid progress of science and technology, social interaction increasingly widespread, expanding production scale, the decision-making behavior also highlights the many factors involved, changes quickly, difficulty and other characteristics. According to the general theory of decision-making, decisions are usually made up of five basic elements: decision-making body, the decision-making object, decision-making information, decision-making methods and decision results. Decision-making body is usually an individual, but can also be institutional. The basic elements of the decision-making need to adapt mode of production, so as to achieve scientific decision. Today’s society is an information status quo, ambitious and complex system, decision-making behavior is not only highly automated processing needs of decision-making information, but also need an organized and orderly, working closely expert group to fully play its overall effective function, only there are so science can only make the right decisions.
Decision theory is based on the analysis of decision theory, as a branch of operations research, is “based on information and evaluation criteria, with a number of methods to select the program or to find the optimal decision science”. In real life, when several cases of the same problems faced there are a few options for policymakers to deal with these situations the selected program on the formation of the
decision-making strategies. As we all know, decision theory is based on probability theory evolved. However, as a judge of judicial decision-making activities and human mental activity, with different characteristics and other decision-making-- both law and psychology double vision. As Justice Holmes said: “Behind the formation of the judgment is made of the relative value and the conflicting severity , of course, this is often not revealed and unconsciously judge, but it is the foundation and core of the whole judicial process”. In this paper, the general theory of psychology and logical decisions based on the concept of the judge’s decision, characteristics, as well as the main principles were not so precise
a definition and analysis of these issues so that we have an overall understanding and grasp.

国际司法合作是双边以及多边合作深化发展的必然要求，是建立争端解决机制的客 观需要，是推动区域合作法治化的内在要求，是维护参与主体权益的重要途径。受主权因素的 制约，现有多边、双边机制的限制和有效合作机制的缺乏，“一带一路”背景下开展中俄司法 合作还面临着现实困境。当前，“一带一路”倡议已进入实质性合作和深入推进阶段，迫切要求 建立健全服务并保障“一带一路”各项建设顺利进行的国际司法合作机制。“一带一路”国际司 法合作体系可以从健全完善司法协助合作机制、建立健全“一带一路”争端解决机制、健全完善 司法合作交流机制和充分发挥司法合作中央机关或主管机关负责制作用等几个方面进行构建。

The article is devoted to ways to counteract corruption in the activities of the customs authorities of Russia and China. In this paper, the author examines the existing problems of fighting corruption in the customs sphere in Russia and China, conducts a comparative analysis of methods of fighting corruption at the level of customs officials, concludes that it is advisable to borrow positive foreign experience in the field of combating corruption.

China and Russia have different theoretical definitions in the definition of organized crime. By comparing and analyzing the concept of organized crime in the fields of criminal law and criminology between China and Russia, we should take into account the position of criminal law and the position of criminology, and adhere to the binary definition of the concept of organized crime. In terms of the criminal law system of organized crime in China, the Chinese criminal law stipulates the concept of criminal group in the general rules. In the chapter, it stipulates the crime of organizing, leading, participating in terrorist organizations and organizing, leading, and participating in underworld organizations. For the criminal responsibility of engaging in organized crime, the Chinese Criminal Law stipulates that the primary elements of the organization and leadership of criminal groups shall be punished according to all the crimes committed by the group. In the criminal law system of organized crime in Russia, the Russian criminal law stipulates the concept of gang crimes, gang crimes committed in advance, organized groups to commit crimes, criminal groups (criminal organizations) in the general rules, and the establishment of rules in the rules. And the crime of participating in terrorist groups, organizing or participating in illegal armed groups, armed gang crimes, forming or participating in criminal groups (criminal organizations), and forming extremist groups, while at  the same time increasing the responsibility of organized groups as part of the crime . For the criminal responsibility of engaging in organized crime, the Russian criminal law stipulates that it should be severely punished according to the Russian criminal law and within the limits set by it, and the provisions for exempting criminal responsibility from the four crimes other than armed gang crimes. Compared with China, the advantage of Russian criminal legislation with organized crime is that it clearly states the concept of "organized" in its provisions, fully embodies the dynamic characteristics of existing organizational crime development, and takes care of the logical relationship between different legal concepts. Combating crime and disintegrating criminal groups, the criminal law network is more rigorous, and it is more conducive to protecting the rights of offenders. In the judicial practice of combating organized crime between China and Russia, China and Russia have not yet established a centralized, unified and specialized national organization to combat organized crime, but Russia is fighting crimes against money laundering, protecting secret investigators, and protecting assistance. The investigation of organized crime citizens, the protection of organized crime witnesses, victims and other related personnel has made more specific legal provisions and guarantees. Therefore, China should learn from Russia from the two aspects of criminal legislation and judicial practice. On the one hand, improve the basic provisions and specific provisions of organized crime, separately stipulate the content of organized crime in the general rules, increase the corresponding crimes in the sub-rules, and set the lenient and exemption for criminals who actively cooperate and withdraw in time. The path of criminal responsibility is to implement the criminal policy of lenient and strict, and at the same time enact the Anti-Organized Crime Law to make up for the limitations of the criminal law itself, from the scope of adjustment, anti-organized crime subjects, safeguard measures, prevention and early warning, legal convergence, etc. Start by identifying the basis for action against and against organized criminal activity. On the other hand, increase the crackdown on money laundering crimes, improve and refine the undercover investigation system, informant investigation system, witnesses and other related  personnel protection systems, and increase measures to guide, strengthen, supervise and guarantee the fight against organized crime. Effectively prevent and combat organized crime from the judicial level. 

The Problem of ensuring cybersecurity in the context of accelerated implementation of digital technologies in the activities of public administration and business systems is relevant. The authors show that the development and implementation of digital technologies in Russia should take into account the need to ensure national security.

Under the context of “The Belt and Road Initiative”, China and Russia have continuously taken measures to expand the scope of cooperation and increase the level of practical cooperation. Chinese enterprises have gradually become the main investment entities in the main economic sectors of the Russian Federation. There are huge differences in the cultural background, national consciousness, social and economic systems, legislative provisions, and judicial operations between China and Russia.
Therefore , under the context of “The Belt and Road Initiative”, China’s investment and cooperation in various fields in Russia face different degrees of legal risks. Under the context of “The Belt and Road 
Initiative”, the assessment of the legal risks that China may face in Russia’s investment and cooperation areas will be based on existing legal risk mitigation measures. It is proposed that Chinese and Russian governments, industry associations, and foreign-related enterprises should be the leading companies. The professional legal services provided by the existing Chinese and Russian legal service  agencies (including law firms, legal service platforms, etc.) are the substance of the content, and a  comprehensive legal risk prevention and control mechanism is established to effectively protect the legitimate rights and interests of investors and company in Russia.
To build and operate a scientific and efficient legal guarantee system under the leadership of the  government, in order to provide a relatively stable and predictable legal environment for Russian-invested enterprises and Russian-Chinese company, in order to ensure the legitimate and regular operation and development of Chinese-funded enterprises in Russia. In the process of encouraging domestic enterprises to “go global”, the Chinese government must strengthen the training and guidance of their business philosophy and legal awareness, and to establish and improve the legal system of overseas investment. China and Russia should strengthen the improvement of domestic legislation on the basis of signing multilateral and bilateral investment agreements so as to better implement the contents of the agreements and adapt to the development trend of economic globalization as soon as possible. In addition, the Chinese government should improve the consular protection system for Chinese-funded enterprises and Russian-Chinese company, solve the many difficulties and unpredictable legal risks encountered by Chinese-funded enterprises in Russia through various ways, strengthen the guidance of Chinese-funded enterprises and their employees in the legal operation and guide them to deal with Russia well. The relationship between the local residents respects the religious beliefs and local customs of Russian citizens.
The judicial organs of China and Russia should improve the ability of law enforcement in foreign  countries, improve their professional level and foreign language ability, actively play the trial function, and deal with all kinds of disputes arising from the economic and trade cooperation between China and
Russia, so as to provide direct protection for the construction of “The Belt and Road Initiative”. With the further deepening of Sino-Russian cooperation in economic and trade fields, energy development, scientific and technological exchanges and investment fields, more and more complex legal disputes have arisen in various fields. In dealing with these disputes, the judicial organs of China and Russia should pay special attention to the issue of Sino-Russian jurisdiction concerning foreign affairs. We must strictly abide by the applicable laws and the provisions of China’s concluding treaty, exercise jurisdiction in accordance with the law, and provide judicial protection for the advancement of “The Belt and Road Initiative” construction.
All trade associations in the Mainland of China should actively carry out docking activities with local trade associations and Chinese Chambers of Commerce in Russia. At the same time, they should combine the resources of Chinese embassies and consulates in Russia to provide comprehensive  information services for Chinese enterprises investing in Russia and establish a complete “The Belt and Road Initiative” database to collect relevant information systematically. Russian law amendment, economic and political environment changes and other information to help Chinese enterprises understand the Russian legal, cultural and political and economic environment.
Strengthen the awareness of legal risk prevention of Chinese-funded enterprises in Russia, establish the concept of modern operation and management, and fulfill their social responsibilities, so as to deal with the legal risks in the fields of environment, taxation and intellectual property that may arise in the operation of enterprises. Chinese-funded enterprises and Russian-Chinese company in the process of signing and fulfilling contracts must pay attention to the agreement of dispute settlement mechanism between the two sides. In case of contract disputes or other conflicts, enterprises themselves can start litigation or arbitration procedures in accordance with the law, which can not only solve disputes quickly, but also effectively protect their legitimate rights and interests. The reason why Chinese enterprises  failed to invest in Russia is mostly due to the inadequacy of previous work. Enterprises should make due diligence before investing in projects in Russia, strengthen the investigation and Research on Russian domestic laws and regulations, economic policies and related investment environment, fully understand various laws and regulations related to investment projects, and evaluate the commercial risks and legal risks that the proposed investment projects may face in advance. To formulate risk prevention and response plans, and try to avoid the blind obedience of investment in Russia. In the process of post-investment project operation, the management of enterprises should be strengthened, the corresponding risk assessment mechanism should be established, the compliance review of project operation should be conducted at any time, and the collection of information on the revision of Russian laws and regulations, project operation and market operation should be strengthened in order to improve the ability to cope with possible risks. In order to minimize the legal risk of investment projects.  
Give full play to the role of professional legal service institutions such as judicial administrative organs, law firms and legal platforms in China and Russia, so as to provide high-quality and efficient legal services for the construction of “The Belt and Road Initiative”. In the process of building the “one belt and one road” process, the judicial administrative organs of China and Russia should give full play to the role of direction, coordination and coordination, and actively promote the professional legal service workers of law firms and legal service platforms to participate in the research and  demonstration of various Russian projects, and provide targeted and practical legal advice and  suggestions. Help Chinese enterprises to participate in “The Belt and Road Initiative” in Russia and help enterprises prevent legal risks.
During the advocacy of “The Belt and Road Initiative”, we actively carry out academic exchanges and business cooperation between Chinese and Russian law schools and legal research institutions, and employ targeted training and mutual introduction of legal talents. Bilingual legal talents, establish
a high-end legal talent pool. In short, “The Belt and Road Initiative” provides a good opportunity for Chinese enterprises to “go out”. As the main body of “The Belt and Road Initiative”, Chinese enterprises must establish modern management concepts in the field of investment and cooperation with Russia, do business risk management and legal risk assessment, abide by the local laws and regulations of Russia, pay close attention to the policy changes of all levels of government in related fields, and actively implement enterprises. 
The industry should shoulder the social responsibility of Taxation and environmental protection, strive to gain an advantage in the fierce competition and strive to integrate into the Russian local society as soon as possible.

The article raises a complex question about the existence of imaginary gaps in the law and the gap in the law as such. The author attempts to refute the search for gaps where there are not and should not be, using the example of Russian legislation on public procurement. The article analyzes four situations in which the author demonstrates unacceptable filling of imaginary gaps in administrative and judicial practice, challenges judicial intervention in the will of the parties when imputing the socalled splitting of purchases, and also shows that the imaginary gap penetrates the legislative process. The author concludes that the absence of legislative regulation should be perceived not as a gap, but as a signal to individual regulation, i.e. at the discretion of the subject of law.

The article discusses the prospects for codification of investment legislation, which will be based on the core concept of the legal regime of investment activity. The first stage of such codification could be Federal law No. 69-FZ of April 1, 2020 “On the protection and promotion of investment in the Russian Federation”, which lost its fundamental ideas during its passage by The state Duma and was adopted in truncated form as another special law on the legal form of investment activity — the agreement on the protection and promotion of investment.

The article discusses the legal regulation of advertising exchanges that attract investment in China, including through the placement of digital tokens. The features of the dissemination of information on securities and futures, as well as digital financial assets in China, were revealed.

The article is devoted to understanding the error as a legal fact. It is concluded that the explanation of the mechanism of action of this legal fact lies not in the sphere of efficiency of civil turnover, but in the plane of the main principles of Russian civil legislation. A transaction made under the influence of delusion contradicts the principle of freedom of contract, if it is applied not only to bilateral, but also to unilateral transactions (by analogy). The interference of factors that caused the error prevents the subject of law from properly exercising its interests and, thus, violates the principle of civil law, such as acting with one’s own will and in one’s own interest. The essence of an error as a legal fact is directly derived from the conceptual model of civil legal personality, which assumes the image of a participant in civil legal relations as a rationally thinking subject, and the transaction-not only as a volitional and behavioral act, but as a kind of intellectual and cognitive activity; on this basis, it is tacitly assumed that the admitted distortions of the cognitive nature a priori can not lead to legally benign results.

The 18th National Congress of the Communist Party of China in 2012, opened a new era of Chinese society. Works in the field of the rule of law have been successfully developed and obtained significant progression. Especially since the 19th National Congress of the Communist Party of China in 2017, the road map of the construction of the rule of law in China has been further charted, and the theory and practice of law under the circumstance of the socialism with Chinese characteristics has been comprehensively improved. This is the era in which Chinese law education is pursuing self-confidence and innovations. Positive responses made by scholars in terms of the law teaching system in the Chinese higher education are being needed for solving the rising matters in the new era. The  fundamental role of the jurisprudence course in the system of law courses in China has explicitly manifested itself in this situation. Theories of jurisprudence in China, rooted in the practice of rule of law, have already reached a meaningful progression, after a long time accumulation simultaneously with the implementation of the reform and opening-up policy. “Chinese School of Practicing the Rule of Law”, which focuses on the practical matters and puts forward the theoretical questions in the process of constructing the rule of law of the socialism with Chinese characteristics, is being established. Regretfully, the achievements mentioned above have not been formulated timely in the teaching materials of Chinese higher education institutions. The theoretical progression and development, meanwhile, have not been fully adopted in the teaching activities. Moreover, there has been an intense dispute between the supporters of legal dogmatics and the law study as a social science in the Chinese academic circle currently, making it clear that we need to work more on the undergraduate jurisprudence courses either theoretically or practically.
The current teaching idea and philosophy for the undergraduate jurisprudence course should be thoughtfully refined. The acceptance of the new theoretical achievements for the daily teaching activities will directly impact the teaching efficiency. In terms of the teaching values, the basic standpoint of Marxism study of law should still be insisted on. The transformation of the major social contradictions in China should be noticed and the socialist core values should be treated as the leading values for the current Chinese law. The knowledge system of jurisprudence should be refined based on the general objective of the rule of law in China and the latest achievements. In terms of social reality, there are more complicated rising matters influencing the objects of legal regulation and the legal relationship with the rapid development of science and technology. The challenges of AI and big data to the formation of law theories and the practice of the rule of law should be urgently concerned. In terms of the teaching practice, lecturers or teachers should pay much attention to the teaching materials and methods conforming to the features of the jurisprudence course. Students should be guided to a comprehensive understanding of the knowledge of the law. The characteristics of jurisprudence taking Chinese society as background should be illuminated for the sake of the general objective of the rule of law in China.
Furthermore, the teaching contents should be practical that are helpful for the intellectual pursuit of students, and are beneficial to improving the inner accomplishment and practical capacity of the students. The latest theoretical achievements of jurisprudence should be spread to the students to keep the updating of the theory of jurisprudence. From the perspective of the connections of the knowledge of the law, moreover, the teaching contents should positively be combined with related knowledge of the legal departments, so that the jurisprudence theory could be more practical and effective. Last but not least, in terms of helping students to start their careers, the jurisprudence course should supply necessary guidance for students to pass the qualifying examination for the legal profession. 
Refining the teaching idea of the undergraduate jurisprudence course conforms to the requirements of the development of Chinese society, as well as the development of science and technology which opens the future and the gate to the entire world. It is also in conformity with the internal requirements of innovating law education in Chinese higher education institutions. What is more, it has initiated
a critical question of the direction in which the law education of Chinese higher education institutions should be moving forward. It consequently is related to the critical discussion of the autonomous development of the study of law in China.