Articles

This article is devoted to the issues of liability for criminal acts against justice in the criminal law of France and Germany. The authors examine the conceptual features of the model of criminal liability for criminal acts against justice in each of the specified legal orders. The article concludes that there are different approaches to establishing liability for criminal acts against justice in French and German criminal law. The French model of criminal liability for criminal encroachments on the interests of justice assumes the inclusion in the latter of not only the acts of individuals participating in legal proceedings, but also the acts of officials committed in connection with the administration of justice. Also, in the criminal law of France, criminal acts against the interests of justice include encroachments on the health and other benefits of both officials and individuals, if these acts are committed in connection with the administration of justice. The German model of criminal liability for criminal acts against justice is based on a narrow approach, according to which criminal attacks on justice are limited to acts of private individuals participating in various types of legal proceedings.

This article discusses the key conditions of liability of information intermediaries for violations of intellectual property rights. The presentation of the terms is accompanied not only by an analysis of judicial practice and legislative provisions, but also by a study of doctrinal views on the division of copyright and patent infringements into direct and indirect. Such a division of violations is uncharacteristic for the domestic legal consciousness, mainly the signs of this concept are found in the legislation of common law countries (UK, USA). However, it is possible to find similar features in Russian legislation, namely, in art. 1253.1 of the Civil Code of the Russian Federation “Specifics of the responsibility of an information intermediary”. The author explains how to distinguish an information intermediary from a user so that the information intermediary can prove his innocence. What actions can he use to do this? What can be considered necessary and sufficient measures to stop the infringement of intellectual property rights? The article also focuses on the model of civil liability of the information intermediary in order to facilitate understanding of the problem of independent responsibility of the information intermediary in relation to the responsibility of the direct user, or they will be jointly responsible for the violation of intellectual rights.

The scientific heritage of Professor, Doctor of Law M. K. Treushnikov continues to be relevant for various systems of legal regulation. The sphere of regulation of insolvency (bankruptcy) relations is no exception, reflecting not only the need for clear resolution of legal disputes, but also the tasks related to the effective distribution of the debtor’s property and protection of creditors’ rights. The issues of evidence in such cases are of particular importance, as they determine the fairness and transparency of decisions. This article analyses the main provisions of M. K. Treushnikov’s theory of evidence, their practical implementation in bankruptcy cases and the significance of these approaches for improving the efficiency of court proceedings. The author analyses the adaptation and application of M. K. Treushnikov’s ideas in domestic judicial practice, including the use of presumptions, disclosure of evidence and standards for its evaluation. The article also focuses on procedural tools that allow courts to maintain objectivity and transparency in resolving conflicts between parties. The author emphasises the universality of the approaches proposed by the scholar, noting their importance for legal science in the context of permanent development of insolvency court practice.

Criminology has established categories and concepts, this is its language, which should be used correctly by all criminologists, both researchers of relevant issues and law enforcement officers. These categories and concepts have their own interpretation, which reflects their place in the system of forensic concepts, as well as their place in the structures of scientific and practical research. For this reason, their correct use ensures the objectification of conclusions based on the results of these studies. In modern criminology, there are objective problems associated with attempts to formulate the concepts of “crime mechanism” and “criminalistic characteristics of crimes” in research, their place in the system of concepts of the theory of criminology and methods of crime investigation. The study of the concepts of “crime mechanism” and “criminalistic characteristics of crimes”, the content of these concepts, allowed us to substantiate their correspondence in the system of concepts of criminology as a science. The established attitude indicates that these concepts are different in their essence and their elementary systemic content cannot, in one way or another, be suppressed. In the system of investigation methodology, the relation of these concepts can be expressed by the correspondence “crime mechanism” — criminalistic characteristics of crimes” due to the different methodological purpose of these concepts.

The article provides a comparative analysis of the consideration of the sovereignty of the state from the point of view of international and constitutional law. The differences in understanding the impact of international law and constitutional norms on sovereignty are highlighted and erroneous approaches to this issue are identified, which consist in seeking recognition of the limitation of state sovereignty, denying its constitutional origin and the result of the institutionalization of national sovereignty and statehood. Thus, the author comes to conclusions about the application of completely different criteria to the assessment of sovereignty by international and constitutional law. The author finds no reason to conclude that sovereignty is limited both in international relations, for example, when joining an international organization, and in constitutional relations from the point of view of constitutionalism. From this point of view, the author examines and compares existing approaches to the reception of international law norms in the national legal system in a new way. The author comes to conclusion that, considering modern trends in the development of law, the theoretical concepts of monism and dualism do not exist in their pure form in practice, regardless of which approach to the reception of international law norms is fixed at the constitutional level.

The article examines the trends and main results of the development of research in the field of legal informatics, information and digital law at the Faculty of Law of Lomonosov MSU. It is noted that the designation of Moscow University as the lead organization for scientific issues of information security of a humanitarian nature contributed to the intensification of research in the field of information law and information security, as well as the participation of the Faculty of Law from 1998 to 2010 in the implementation of MSU projects. The results of interdisciplinary legal research obtained over 25 years were introduced into the educational process of the Faculty of Law, the Higher School of Public Audit of Moscow State University and the Faculty of Computational Mathematics and Cybernetics of Moscow State University in the form of new curricula and courses. An interdisciplinary approach was incorporated into the structure of the courses taught in the interfaculty master’s program “Information Legal Relations in the Innovative Economy”, opened in 2016 at the Faculty of Law of Moscow State University. 

In the context of the formation of a digital economy, a new branch of law is simultaneously being created — digital law, which has its own subject of legal regulation. This process cannot be ignored, since “cross-cutting technologies” in the digital economy require legal regulation and protection of information during their use. Legal scholars are increasingly debating the well-known legal structures and the possibility of their use in new conditions, for example, the use of artificial intelligence technology. Certainly, the formation of the scientific apparatus and concept of digital law requires coordination of efforts in conducting interdisciplinary scientific research.

The article presents the contribution of Moscow University scientists to the development of the science of civil procedure law in the post-Soviet period. The main directions of scientific research conducted at the Department of Civil Procedure are considered. The article presents the contribution of Moscow University scientists to the development of the science of civil procedure law in the post-Soviet period. The directions of scientific research conducted at the Department of Civil Procedure are considered. The doctrine of judicial evidence and evidence in civil proceedings has been put forward as the main direction. The contribution of scientists and teachers of the department to the formation of the Moscow school of judicial evidence is shown. Successfully formed and updated such areas of research as: subjects of civil procedure law, their legal status and procedural status; theory of forms of protection of subjective rights (legitimate interests), — justice and non-judicial forms of resolution and settlement of civil law disputes (notary, arbitration, mediation, etc.); verification and revision of judicial acts in civil procedure; accessibility of justice in civil cases in Russia. Scientific research on the specifics of the consideration and resolution of civil cases, initiated at the department in Soviet times, has received general recognition and has been introduced into the teaching program of civil procedure law at the international level. The methodology of scientific research and teaching of civil procedure law is a separate and constant concern of the entire staff of the department. All research is moving along an evolutionary path: the valuable material accumulated by scientists in the Soviet and pre-revolutionary period is taken into account. The relevance of earlier scientific results for modern doctrine and legislation on civil proceedings and forms of protection of subjective law (legitimate interest) is shown. The prospects of science and teaching of civil procedure law at Moscow University are outlined.

The article examines the history of the development of the science of commercial law at the Lomonosov Moscow State University. The authors, based on the study of a number of normative sources and works of Russian legal scholars such as Leshkov V. N., Nersesov N. O., Gusakov A. G., Nefedyev N. A., Shershenevich G. F., Krasnokutsky V. A., comprehend the epistemology of modern commercial law and the basic principles of its construction. In the article, the authors note the continuity of research in the field of commercial law in the works of Agarkov M. M., Genkin D. M., Lunts L. A., Peretersky I. S., Goykhbarg A. G., Yaichkov K. K. and many other famous scientists. A special role in the article is given to the professor and scientific director of the Department of Commercial Law Boris Ivanovich Puginsky, who not only revived the teaching of commercial law within the walls of Moscow University, but also laid the doctrinal and methodological basis of the modern science of commercialism — the science of commercial (trade) law. Today, the Department of Commercial Law and the Fundamentals of Jurisprudence is represented by a large scientific heritage in the form of publications of monographs, textbooks and scientific articles and a team of highly professional teachers promoting the ideas of commercial law in the student community.

The article examines the development of areas of legal science in the field of nature conservation, environmental protection and rational use of natural resources, which resulted in the formation of scientific schools of environmental, natural resource and agrarian law. The article reveals the reflection of achievements in the legal doctrine in a number of natural resource Laws of the USSR and the RSFSR of 1960–1975, which influenced the development of international law, including the generally recognized principles and norms contained in the Final Act of the Conference on Security and Cooperation in Europe (Helsinki, August 1, 1975), which ultimately manifested itself in Article 18 of the Constitution (Basic Law) of the USSR of 1977. All this served as a further development of the science of natural resource law and environmental protection, subsequently — environmental law, the formation of traditions, a prominent representative of which is V. V. Petrov. Under his leadership, the department, and after his death in 1995 — under the leadership of A. K. Golichenkova, Department of Environmental Land Law, Faculty of Law, Moscow State University, the doctrine of environmental law and natural resource branches of law was further developed in scientific research and in teaching the relevant academic disciplines. The article examines the implementation of the achievements of the science of environmental law and natural resource branches of law in the Constitution of the Russian Federation of 1993, the Federal Law on Environmental Protection and federal natural resource laws, law enforcement practice, among which the following should be highlighted: the permit type of legal regulation of relations in the field of environmental protection and rational use of natural resources, the priority of public interests in regulating these relations, the presumption of environmental hazard of any planned economic and other activity and its development.

270th anniversary of the Lomonosov Moscow State University allows us to summarize the scientific activity of the Centre for Criminal Procedure, Justice and Prosecutorial Oversight in the 20 years since the 250th anniversary. This period was eventful and interesting. The article discusses the main achievements of the Centre in criminal procedure’s matter.