Journal of the Belarusian State University. Law
Copyright (c) 2026 Journal of the Belarusian State University. Law
Approaches to legal re­gu­la­tion on deepfakes in the context of minimising risks and threats to information security of the society and state
This article explores the characteristics of deepfakes as a form of inappropriate information. International experience in regulating deepfakes is analysed, and based on this, potential amendments to Belarusian legislation in the information sphere regarding protection against deepfakes are proposed. The authors examine the application of current Belarusian legislation on information, informatisation, and information protection as a form of protection against disinformation arising from the development of artificial intelligence technologies. Given the observed disinformation of the population through the dissemination of deepfakes on online resources and in the media, ways to improve legal protection against deepfakes are proposed in the context of ensuring the information security of society and the state.
Constitutional Law and Administrative Law
Prospects for the formation of an investment and legal regime of digital objects in the legislation of the EAEU countries
This article provides a general overview of the legal framework for the creation and circulation of digital assets, developed in accordance with the public policies of the EAEU member states (using Belarus, Russia, and Kazakhstan as examples). It is determined that despite social and political differences between countries, digital economy concepts, including the use of distributed ledger technology, have become among the most important factors driving social development. It is revealed that the task of effectively developing a legal framework for the creation and circulation of digital assets cannot be achieved without considering the technical nature of the digital token itself, asset tokenisation, and a well-developed investment theory. The article also outlines prospects for the development of digital investments, the legal nature and legal regime of which remain to be determined. It is established that the institutionalisation of digital investments is based on the political framework for their legal support, including in the context of the development and harmonisation of legislation in the EAEU member states. Successful legal support for the implementation and development of digital technologies will lead to a more favourable investment climate.
Immediacy of evidence examination in the system of general conditions of criminal trials
This article examines the system and significance of general conditions for criminal trial proceedings. These include provisions concerning the principles of criminal procedure, participants in the court hearing, the rendering of judicial decisions, etc. General conditions for trial proceedings are a legislative technique that helps to clearly understand the content of each stage of the trial. Among these, the immediacy of the evidence examination is of the greatest importance, as the court must base its decisions only on evidence directly perceived by the court. Immediacy is a method of examining evidence in criminal proceedings.
Сriminal Law, Criminal Procedure and Criminalistics
Procedural support of the right to participate in administrative proceedings
This article examines the legal and organisational aspects of improving administrative proceedings in the Republic of Belarus within the paradigm of the procedural principle of openness. Within this context, significant features and a range of problems are identified. Attention is focused on the practical means of ensuring the right of a participant in administrative proceedings to be heard on the circumstances of the adopted administrative act.
Legal problems of transfer pricing determination for digital assets in the Republic of Belarus
The problems of applying the transfer pricing mechanism to transactions involving digital assets are examined. The methodological inadequacy of the criterion based on the coincidence of codes from the National classifier of economic activities for determining comparable companies is substantiated, as well as the systemic limitations of the best match principle. It is proposed to supplement the legislation with substantive comparability criteria and to introduce a standalone special method for determining the transfer price in the absence of market comparables, applicable to digital and other hard-to-value assets.
Legal mechanisms and the evolution of lists of critical and cross-cutting technologies in Russia within the context of the modern state’s technological sovereignty
Based on a systematic analysis, the article examines the formation in Russia of a holistic legal model for ensuring technological sovereignty, which is considered an integral defining characteristic of the modern state. The key evidence supporting this thesis is the evolution of the lists of critical and cross-cutting technologies, which have transitioned from the first approved list (2002) to their current status of a core element of the technological sovereignty strategy (2023–2025). The main legal mechanisms for implementing this model have been identified and analysed: the conceptual division of technologies into critical and cross-cutting, the introduction of technology cooperation maps as the primary project tool, the establishment of a detailed system of expertise and planning, and the conditioning of funding on the step-by-step confirmation of technology readiness levels. A comparative analysis with the Belarusian model reveals structural differences and the potential for harmonising legislation within the Union State and the Eurasian Economic Union, which aligns with the shared strategic objective of strengthening technological sovereignty.
Interregional and intermunicipal cooperation in the socio-humanitarian sphere with the countries of the Eurasian space
This article analyses the problems of intermunicipal cooperation in the geopolitical space of Eurasia in the socio-humanitarian sphere. The special role of such paradiplomacy is noted on the scale of space united by common historical and civilisational characteristics, which makes it possible to identify patterns of development in this area in individual states and to form similar approaches to their regulation. Meanwhile, a number of problems in the development of such cooperation are noted, which can be resolved through a comprehensive impact on the designated relations. As elements of such an impact, the article examines specific proposals within the framework of normative, institutional and organisational approaches aimed at developing intermunicipal and interregional cooperation in the socio-humanitarian sphere.
Applying a prudential approach in the paradigm of national economic security
The article reveals the essence of prudential regulation, highlights its main distinctive features, and determines the specifics of applying this approach within the framework of the national security sphere under consideration. The article details the content of ensuring national economic security. It provides a comparative analysis of prudential law and the law of national economic security based on the main goal, subject of regulation, key instruments, and target object of protection, and differentiates the differences between them (epistemological, methodological, functional, and others). It is concluded that the prudential approach provides tactical financial stability, but does not solve the strategic problems of economic security, which require complex political, economic, technological, social, legal, and other measures, because the limitations of its application are associated with the inability to adequately respond to modern non-financial threats. The conducted research has scientific and practical value for the development of the law of national economic security, delineating it from the prudential law in order to eliminate methodological reductionism.
A forensic tactical operation in F. M. Dostoevskii’s novel «Crime and punishment»
Based on the analysis of the text of F. M. Dostoevskii’s novel «Crime and punishment», the article examines the patterns of Raskolnikov’s criminal activity, as well as the patterns of disclosure and investigation of his crime in the context of criminology. The material structure of the crime is investigated, as well as the specifics of conducting a tactical operation by the bailiff of investigative affairs Porfirii Petrovich, with the involvement of persons acting on his behalf in the investigation. The importance of studying of the novel «Crime and punishment» in higher educational institutions of a legal profile, as well as in order to improve the professional skills of law enforcement officers, is substantiated.
Constitutional culture in the Belarusian society
Human rights and freedoms are the most valuable priorities for the constitutional order of the Republic of Belarus. There is a point of view that life generates law, but reality itself cannot be integrated into a specific legal norm due to its diversity and completeness. When processes occur in society that require subsequent ordering, legal regulation arises. In general, this situation can appear, but speaking of constitutional culture, the process is designed to be the opposite. Human behaviour must obey the constitutional requirement, in this sense, reality is designed to copy constitutional law, to create through it a familiar environment of social structure. The article examines the phenomenon of constitutional culture in the Belarusian society in the historical period since the end of the 20th century up to modern times. It studies on the basis of a comprehensive analysis approaches to understanding of this phenomenon, the legal positions of constitutional scholars, the circumstances of reality influencing the formation and rooting of constitutional culture. It is concluded that constitutional culture is intended to become part of the national cultural code.
Similarities and differences in the laws on countering extremism in Russian Federation and Central Asian countries
This article, based on primary sources in Russian, provides a comparative analysis of the following aspects of anti-extremism legislation in the five founding countries of the SCO (Russia, Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan): the goals and principles of enacting laws, the main areas of combating extremist activities, the main objectives of countering extremism, and the structures and powers of the bodies responsible for combating extremist activities. The following points are also subject to comparative analysis: provisions prohibiting the use of networks or preventing the use of public communication networks for the purpose of extremist activities, the definition of the concepts of «extremist materials», «extremist activities», «extremist organisation» and «extremist», liability and consequences for violating the legislation on countering extremism, international cooperation in the field of countering extremism. In conclusion, the common features and differences in the content of the laws on countering extremism of the countries under consideration are summarised and their underlying causes are investigated.
On the problems of the structure of the Special part of the Code of Civil Procedure of the Republic of Belarus
The structure of the Special part of the Code of Civil Procedure of the Republic of Belarus is analysed and some of the problems associated with it are identified. In particular, it is shown that section VI of the Code of Civil Procedure of the Republic of Belarus is overloaded with normative material; general norms are not always properly distinguished from special norms; the rules on summary proceedings are unjustifiably divided into two independent groups; proceedings on cases arising from administrative and other public legal relations lack a number of structural elements devoted to individual categories of cases of this type of proceedings; norms related to the same type of proceedings are «scattered» throughout the text of the Code of Civil Procedure of the Republic of Belarus, etc. The author proposes a concept for the structure of the Special part of the Code of Civil Procedure of the Republic of Belarus that allows for the resolution of all the noted problems.
The constitutional right to freedom of movement: experience of implementation in the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan
The right to freedom of movement, a fundamental human and civil right, is reflected in the catalog of constitutional values in many modern states. Its nature has been the subject of scholarly research for centuries: legal scholars have explored the essence and content of this right, substantiated the permissible limits of its limitations, and analysed its impact on the exercise of other constitutional rights and freedoms. Today, the right to freedom of movement is primarily considered in the context of regulating migration processes, in conjunction with the principle of state sovereignty. The search for an optimal balance between public and private interests, as well as the interests of foreign citizens and the host society, continues. This article examines the right to freedom of movement from a constitutional and legal perspective, focusing primarily on the legislation of three states (the Republic of Belarus, the Republic of Kazakhstan, and the Russian Federation) all of which enjoy close integration ties. The article examines approaches provided in national legislation to establishing restrictions and prohibitions on this right, providing opportunities for family reunification, and other aspects. General «markers» of legal development include the promotion of the idea of «digital migration», the strengthening of state control (oversight), including through the introduction of new technologies, and the use of a flexible approach to determining the conditions and procedures for entry and stay of various categories of foreign citizens.
restrictions on the right to freedom of movement
On the issue of legal regulation of food labeling in the ensuring food safety context
This article analyses the legal aspects of food labeling as a means of ensuring their safety and quality, as well as a factor in raising public awareness of food security. Attention is paid to shortcomings in the regulation of the state information system for labeling goods with unified control marks or identification tools. The author proposes ways to improve legislation to more fully ensure everyone’s right to information and protect consumer rights. She also substantiates legal measures aimed at expanding the potential of food labeling to promote organic products and healthy eating habits in Belarus.
Environmental Law, Natural Resources Law and Agrarian Law
Control in the field of environmental protection and rational (sustainable) use of natural resources in the context of environmental support for economic and other activities (legal aspect)
The legal content of the control in the field of environmental protection and the rational (sustainable) use of natural resources makes it possible to conclude that it constitutes an established element of environmental support for economic and other activities, implemented at the stage where project and other decisions are carried out. Certain characteristics of its legal forms are provided. A flexible legal approach is observed in selecting an entity subject to a selective inspection. However, there is no guaranteed conduct of such inspections for entities engaged in environmentally hazardous activities. The article highlights the specific features of objects of control in the field of environmental protection and rational (sustainable) use of natural resources, which are not limited solely to the economic and other activities of entities, since control is aimed at ensuring compliance with environmental legislation as a whole. Recommendations are formulated to improve the legal regulation of environmental relations.
On the question of innovations in the legal regulation of special principles of international civil procedure
The article analyses the amendments to the Code of Civil Procedure of the Republic of Belarus concerning the system of special principles of international civil procedure (Art. 504). The enshrinement of the principle of the primacy of generally recognised principles of international law as a special principle of international civil procedure is critically assessed.
principles of international civil procedure
priority of generally recognised principles of international law
principle of priority of international treaties
Membership in political parties and restrictions related to civil service in the Republic of Belarus
The article examines legal restrictions on the implementation of state civil (apparatus) service in the Republic of Belarus stipulated by membership in political parties. The article reveals the expediency of membership in political parties of state civil (apparatus) employees in connection with ensuring the high-quality work of civil servants and preventing corruption offenses in the civil service. The relationship between party membership and the political and ideological level of the civil service is analysed. Discretion in state service activities is studied in the context of party membership. A conclusion is made about the influence of passive and active party membership on entry, passage and termination of civil service.
Confidence as a social imperative and value of constitutional development
The author of the article examines the importance of maintaining public confidence in the state and law as a crucial factor for the sustainability of constitutional and legal development. Features of formation and manifestation of confidence in constitutional and legal relations are identified. The author analyses the acts of the Constitutional Court of the Republic of Belarus, in which the constitutional principle of citizens’ confidence in the government institutions and the legal system is justified, its general social aspects and the role of confidence as an element of applicable law are highlighted, the appropriate development of legislative mechanisms that contribute to the progressive building of public confidence is pointed out. The conclusion is made that the Constitution of the Republic of Belarus as a fundamental social contract actualises the value of confidence, establishes appropriate requirements for state officials, activities of state bodies and serves as the basis for legal mechanisms, aimed at maintaining public confidence.
Constitutional Court of the Republic of Belarus
Some problems of the establishment of the legal regime of lands within the territories with special conditions for economic activity
The article examines the legal regime of lands within territories with special conditions for economic activity. The general features of the legal regime of such lands, arising from preferential regulation of economic activity, are highlighted, as well as specific features determined by the purposes of establishment, the nature of activities, and the specific economic and investment objectives of each of the territories under consideration. It is concluded that the key problem is the lack of systematic consolidation at the level of the Land Code of the Republic of Belarus of the general and specific features of the legal regime of lands within such territories. Proposals for improving land legislation are formulated.
Vasilevich S. G. Legal conflicts in public administration and mechanisms for their resolution
Communication between the state and citizens at the local level in the Republic of Belarus: current status and ways to improve
In this article, the author explores the importance and problems of organising communication between local authorities and the population of local territories. The author analyses methods of communication, including the submission and review of appeals, citizen participation in local public debates, and interactions between deputies and voters. The author also substantiates the need to develop a communication framework for local authorities and the population of local territories.
communication between the state and citizens
Vulnerability of individuals to human trafficking during humanitarian crises
This article determines the factors that increase vulnerability of individuals during humanitarian crises (armed conflicts, statelessness, gender stereotypes about the ideal victim, apparent vulnerability). The author produces proposals for measures aimed at reducing vulnerability to human trafficking. It is important to eliminate gender stereotypes of the ideal victim and apparent vulnerability when state bodies take due diligence measures to prevent, investigate the said act, identify victims, provide protection and render assistance to them. When adopting legal, organisational and institutional measures at the domestic level, it is necessary to ensure both proper access to justice for all victims without exception, including persons with disabilities, and guarantee the practical application of the victim’s impunity principle.
Copyright (c) 2025 Journal of the Belarusian State University. Law
Content of modern constitutions: trends in the post-Soviet space
The article examines constitutional innovations that testify to the substantive expansion of constituent acts. New legal structures are considered, including new objects of constitutional regulation. The analysis is based on the latest constitutional reforms carried out in some post-Soviet states (Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Uzbekistan). Attention is drawn to the strengthening of the value content of constitutions, the strengthening of moral principles, national and original features, as well as the expansion of provisions related to the development of scientific and technological progress.
Controversial issues of application of the presumption of rightness of the audited entity (taxpayer)
The article analyses theoretical and applied aspects of application of the presumption of the rightness of the audited entity (taxpayer), which provides for the adoption of a decision in the event of ambiguity or vagueness of the provisions of legislative acts in its favour. A conclusion about the primacy of application of the presumption in question compared to taxpayers’ requests for clarification of tax legislation is made. Changes in legislation aimed at optimising the legal regulation of the presumption of the rightness of the audited entity (taxpayer) are proposed.
presumption of the rightness of the taxpayer
The faculty of law of the Belarusian State University celebrates 100th anniversary
Historical Materials and Significant Dates
International cooperation in response to environmental threats and emergencies
International cooperation in rapid response to environmental threats and emergencies is an important area of protection of the population and territory of the Republic of Belarus. In this regard, it is extremely important to improve the norms of international and national law, as well as the integration law of the Eurasian Economic Union in the area under consideration. The object of the study is public relations arising in the process of international cooperation to counteract, prevent and eliminate the consequences of environmental threats and emergencies. The purpose of the study is to analyse the existing institutional and contractual system of counteracting environmental threats and emergency situations, as well as to develop practical proposals for improving the rules of law. As a result of the study, the main trends in the development of legal regulation in the field of counteracting environmental threats and emergency situations were identified, proposals for improving the legislation in the studied area were developed. The scope of application is the law of the Eurasian Economic Union, the legislation of the Republic of Belarus, the practice of applying these rules in the process of international cooperation on environmental threats and emergency situations.
Modern environmental legal order: theoretical foundation and applied problems solving
The conceptual foundations of the modern environmental legal order and its organisational support are studied. It is proved that the foundation of the environmental legal order is the ratio of imperativeness and optionality. It is proposed to include in the system of environmental legal order the regime of the national ecological network, the unification of legal protection of the environment and protection of natural resources around the concept «environmental support of economic activity», imposition of liability for failure to comply environmental and legal regulations. Proposals for improving the legal regulation of environmental relations are formulated.
environmental support for economic activities