Moscow University Bulletin. Series 11. Law

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Fundamental legal science at Moscow University in XXI c

Moscow University Bulletin. Series 11. Law. 2024. Vol. 65. N 6. p.29-47

Frolova E. A.

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588

The article shows the nature and evolution of theoretical and legal sciences in Russia. In the 21st century, a feature of the sciences of fundamental jurisprudence is the comparative method of research, manifested in a combination of ideographic (individualizing) and nomological (generalizing) approaches to the study of law and state. It is noted that it is not enough to consider law and the state only from the perspective of the science of the general theory of law — understanding their meaning and essence involves studying the genesis, ontology and axiology of these social phenomena. The contribution of the Department of Theory of State and Law and Political Science of the Law Faculty of Moscow State University named after M.V. is shown. Lomonosov into modern theoretical and legal science. The complex interdisciplinary nature of the works prepared by teachers of the Department of Theory of State and Law and Political Science is emphasized, which demonstrates the results of many years of methodological developments in the areas of general theory of law, history of political and legal doctrines, comparative law, philosophy of law and sociology of law.

Keywords: legal science, fundamental jurisprudence, theoretical and legal science, philosophy of law, theory of state and law, history of political and legal doctrines

DOI Number: 10.55959/MSU0130-0113-11-65-6-2

History of State and Law in legal education

Moscow University Bulletin. Series 11. Law. 2024. Vol. 65. N 6. p.5-28

Novitskaya T.E.

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603

In the article, the author draws attention to the importance of the history of the state and law, primarily the national state and law, in the process of teaching law students of higher educational institutions. Attention is drawn to the peculiarities of studying this discipline at the law faculties of universities. The difficulties encountered by teachers of the history of the national state and law are called. The close connection of the history of state and law with another basic discipline, the theory of state and law, is shown. The place of the history of the national state and law as a basic science in the system of legal sciences is considered. The special place of the history of state and law as a completely independent science among the branch sciences is shown. The article draws attention to the historical and legal research of specialists in the field of sectoral legal disciplines. The author identifies three ways in which industry researchers work on the history of their subject. One is relatively harmless, and has been in the retelling for a long time.

Keywords: history of the state and law, branches of law, teaching of legal disciplines, erroneous statements in scientific works

DOI Number: 10.55959/MSU0130-0113-11-65-6-1

Editor-in-Chief's address

Moscow University Bulletin. Series 11. Law. 2024. Vol. 65. N 6. p.3-4

Alexander K. Golichenkov

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585

Lomonosov Moscow State University, Russia's leading and oldest university, celebrates its 270th anniversary on January 25, 2025.

Keywords: editorial

Criminal law principle of justice: history of the development

Moscow University Bulletin. Series 11. Law. 2024. N 5. p.263-277

Tikhomirov, E.D.

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830

Currently, the provisions of the principle of justice in criminal law establish the requirement of proportionality of the punishment imposed to the crime committed and the personality of the perpetrator, as well as the prohibition of double responsibility for the same act. This legislative understanding of the principle of justice was formed in the course of a long historical development. Representatives of doctrine and subjects of law-making activity formulated various aspects of the criminal law principle of justice in order to determine the actual meaning of this principle and to establish its limits. In the article a complex analysis of views on the category of justice in criminal law is made, the history of development of the Russian criminal legislation in terms of regulation of various aspects of the principle of justice is investigated. The author comes to the conclusion that the classical doctrine connects the category of criminal justice with punishment and includes the requirements of proportionality of punishment to the crime and the personality of the perpetrator. At the same time, in different historical periods there were different views on the content of the principle of justice: the idea of proportionality received different content, and punishment was built on different grounds (either on the theory of retribution and punishment for the deed, or on the theory of expediency).

Keywords: principle of justice, proportionate punishment, prohibition of conviction twice for the same offense, history of criminal law development

DOI Number: 10.55959/MSU0130-0113-11-65-5-15

Correlation of crime and corpus delicti: controversial issues

Moscow University Bulletin. Series 11. Law. 2024. N 5. p.248-262

Kuznetsov, A.Yu.

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853

The implementation of criminal policy in the field of protection of traditional Russian spiritual and moral values requires improvement of the methodological bases of the axiological interpretation of objects of criminal-legal protection, including answers to the questions: why this or that object should be protected, what exactly is the protected interest or benefit, what is its valuable content for society. Such interpretation is called upon to reveal the true component of the protected legal benefits based on the cultural and civilizational features of the Russian society and the state. The meaning of the axiological interpretation of objects of criminal-legal protection is to identify, on the basis of traditional Russian spiritual and moral values, such content of human rights and freedoms (which in themselves are recognized as the highest constitutional value), which would contribute to the disclosure of human potential in society in the interests of harmonious and safe coexistence of all people, while avoiding the extremes set by universalism and relativism, individualism and statism, demonstrating a fair balance of the interests of an individual and the state, freedom and security, opportunities and responsibility. If any possibility of human behavior runs counter to traditional values, it cannot be perceived as a component of the content of rights and freedoms, and therefore cannot claim the status of a legally protected good.

Keywords: methodology of criminal law, axiology of criminal law, traditional spiritual and moral values, human rights, security, statism, liberalism

DOI Number: 10.55959/MSU0130-0113-11-65-5-14

Objects of criminal law protection: axiological interpretation

Moscow University Bulletin. Series 11. Law. 2024. N 5. p.229-247

Chirkov, P.V.

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622

The implementation of criminal policy in the field of protection of traditional Russian spiritual and moral values requires improvement of the methodological bases of the axiological interpretation of objects of criminal-legal protection, including answers to the questions: why this or that object should be protected, what exactly is the protected interest or benefit, what is its valuable content for society. Such interpretation is called upon to reveal the true component of the protected legal benefits based on the cultural and civilizational features of the Russian society and the state. The meaning of the axiological interpretation of objects of criminal-legal protection is to identify, on the basis of traditional Russian spiritual and moral values, such content of human rights and freedoms (which in themselves are recognized as the highest constitutional value), which would contribute to the disclosure of human potential in society in the interests of harmonious and safe coexistence of all people, while avoiding the extremes set by universalism and relativism, individualism and statism, demonstrating a fair balance of the interests of an individual and the state, freedom and security, opportunities and responsibility. If any possibility of human behavior runs counter to traditional values, it cannot be perceived as a component of the content of rights and freedoms, and therefore cannot claim the status of a legally protected good.

Keywords: methodology of criminal law, axiology of criminal law, traditional spiritual and moral values, human rights, security, statism, liberalism

DOI Number: 10.55959/MSU0130-0113-11-65-5-13

Evolution of disclosure rights and duties of the parties in the criminal process of England and the USA

Moscow University Bulletin. Series 11. Law. 2024. N 5. p.213-228

Tkacheva, D.A.

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591

This paper explores the development of disclosure of evidence and unused material in the Anglo-American criminal procedure by discussing the rights, duties and powers of its main actors — the prosecution, the defense and the court. Initially, the concepts of the dispute between the parties and trial by surprise entail the presumption of non-disclosure which stays in force until the XIXth century. Innovations of that time assign to the disclosure the function of providing the accused with the prosecution materials. The next step towards the refutation of the presumption is taken during the reforms of the 2nd half of the XXth century when the duties of the defendant are introduced by limiting the privilege against self-incrimination. The author concludes that English and American law-making bodies are expanding the scope of mandatory pretrial disclosure by both parties, expecting early access to case data to encourage the defendant to promptly plead guilty, the prosecutor to drop the charges and the court to dismiss the case. Together with guilty pleas, it marginalizes criminal trials. However, impediments to speeding up the process, such as the absence of an institutionalized category of criminal case files as well as the lack of criminal defense lawyers, still persist.

Keywords: criminal procedure, disclosure, discovery, due process, privilege against self-incrimination, case files.

DOI Number: 10.55959/MSU0130-0113-11-65-5-12

On contracts for the electric power supply

Moscow University Bulletin. Series 11. Law. 2024. N 5. p.190-212

Krassov, E.O.

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782

Features of contracts for electric power supply, purchase and sale (supply) of it are discussed in the paper. A comparison of these contracts is made. The persons granted with the rights and responsibilities to enter into these contracts are identified. It is noted that the legislation on the electric power industry is inconsistent in distinguishing between contracts for electric power supply, on one side, and purchase and sale contracts, on the other. For instance, it is permitted to enter into electric power supply contracts, in particular, for guaranteeing suppliers which are acknowledged as energy sales organizations but not energy supply organizations. As a result, a person who does not have the necessary technical devices, i. e. a connected network to the consumer’s (customer’s) networks, engages electric grid organization to provide electric power transmission services to the consumer. Electric power transmission services are provided upon concluding sales and purchase agreements. They are provided on the basis of a contract for the provision of electric power transmission services. This contract is considered to be consistent with the concept of such contracts. The absence of a sign of a connected network under an energy supply contract is an optional exception to the general rules and it negates the specified division of contracts for the electric power supply. The article examines the legal issues of energy supply and purchase and sale contracts. It is noted that the legislative regulation of contracts for the supply of electric power requires improvement, incl. in order to eliminate contradictions in it.

Keywords: energy supply, purchase and sale, contract, electrical energy, electric power industry

DOI Number: 10.55959/MSU0130-0113-11-65-5-11

Breach of trust as a legal fact

Moscow University Bulletin. Series 11. Law. 2024. N 5. p.165-189

Kerselyan, A.S.

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639

Does reliance and its violation affect law? At first glance, the correlation between the concepts of “law” and “ reliance” is in the same category of questions as the correlation with the concepts of “morality” and “morals” — that is, it is more of a theoretical fabrication and affects the metaphysical essence of law, having a modest practical significance. Meanwhile, the category of reliance has a somewhat different position. Reliance, of course, also has a high meaning, as well as moral and morality, because being a universal value has an important significance for the regulation of relations. As a possible regulator of relations between people, reliance can supplant law or on the contrary strengthen it. However, in a more applied nature, reliance can have a much greater significance and seriously affect legal relations, changing them or serving as a reason for their emergence. On the one hand, a breach of reliance can be a reason for refracting the operation of the law, changing its operation contrary to basic perceptions. On the other hand, in other situations, breach of reliance serves as a basis for compensation of losses of the victim. This article aims to demonstrate how and in what cases a breach of reliance can be the cause of legal consequences in the Russian legal order.

Keywords: breach of reliance, positive liability for breach of reliance, negative liability for breach of reliance

DOI Number: 10.55959/MSU0130-0113-11-65-5-10

New legislation of public easements

Moscow University Bulletin. Series 11. Law. 2024. N 5. p.147-164

Korneev A. L.

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581

The article analyzes changes in legislation on the establishment of public easements and evaluates the legal effects that arise in connection with this. It is noted that the possibility of “re-registration” of other existing rights for a public easement should be considered as the right of the interested subject and is implemented on the basis of a complex legal structure. Particular attention is paid to the possibility of further dissemination of the legal structure of public easements, the emergence of new types of them in conditions when the theory of the content and application of this structure is just emerging. It is concluded that the possibility of the existence of various public easements inevitably raises the need for additional (special) requirements to justify their establishment. It is concluded that it is advisable to double-check the normatively established “justifications” for public easements. A proposal has been made to formulate universal rules for justifying these easements, including the presence of a need recognized by the legislator to use the land (land plots) of another person, but not having a subjective right to do so at the time of filing the application and an objective opportunity to comply with the principle of the least burdensome use of the land plot. Currently, public hearings when establishing these easements are not held, but in order to strengthen public control and ensure the rights of citizens and organizations, it is advisable to introduce them. Providing subjects of natural monopolies with the opportunity to formalize a public easement in a simplified manner is appropriate to consider as a special benefit (preference), which gives grounds for special verification of the actual achievement of the expected social and economic effects.

Keywords: public easement, situation of choice, natural monopolies, “reregistration”, justification for public easement, public assessment, public hearings

DOI Number: 10.55959/MSU0130-0113-11-65-5-9

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