Articles

This article makes a hypothesis about the possibility of stimulating the development of constitutional and legal institutions through the anti-corruption mechanisms that are developing in Russia today. The question posed in this way is in many respects innovative for the domestic legal debate and is only beginning to gain influence. Although for a broader sociological view, especially in Western literature, this formulation of the question has become quite traditional. The material provides illustrations of a number of forms in which constitutional law is enriched with new anti-corruption senses, ensuring its qualitative development.

The article continues the legal analysis of defences excluding criminal responsibility under the Indian Penal Code of 1860. From a formally dogmatic point of view, the authors assess the respective dispositions of statutory norms and precedents for the interpretation of a small group of excuse defences such exclusionary circumstances as slight harm, consent of the victim, private defense.

The article deals with the Christian doctrine of international law in the Russian jurisprudence of the XIX — early XX centuries, formulated in the works of L. A. Kamarovsky. The Christian worldview has allowed the Russian jurist to see in the international law the features expressing the main regularities of this one of the most grandiose phenomena in life of human society, making that it is possible to call ideology of the international law.

The article is devoted to the concept and meaning of a commercial contract in the system of economic management. The author notes the lack of development of contractual issues in jurisprudence and, in particular, in civil science, which actually reduced the concept of a contract to a deal. At the same time, the positivistic dogma is traditionally used as a method of studying a treaty — a closure on the analysis of the legal rules governing the contract and its application. The author comes to the conclusion that for effective management it is necessary to make full use of the potential of the contract, giving the subjects the opportunity to show business activity and enterprise, to make decisions quickly and amend them to reflect changes in the situation.

The article is written on the basis of the author’s report at the XIX Annual International Scientific and Practical Conference of the Law Faculty of Moscow State University and the XV International Scientific and Practical Conference “Kutafin Readings” of the Moscow State Law Academy “Constitution of the Russian Federation and the modern law and order”. The article analyzes the genesis and content of the norms of the Constitution of the Russian Federation on property; The economic category of “form of ownership” and its differences from the legal concept of “ownership” are critically examined. The necessity of fixing the system of real rights in the Civil Code of the Russian Federation and the removal of the “public servitude” construction from the Land Code, as well as the public law nature of the “national wealth” category, is shown. A general conclusion is made about the need for the development of Russian property law and the groundless use of economic concepts in civil law, and civil law concepts in public law.

The article considers the peculiarities of interrelation and mutual influence of criminal procedure theory and criminalistics. The article analyzes erroneous theoretical and procedural-legal constructions, contradictions and misconceptions. Special attention is paid to the functions of criminal proceedings. The misconception that “the functions of prosecution, defense and criminal case resolution are separate and cannot be assigned to the same body or official” is refuted.

The article is a result of the work of its authors on the organization of study process and law teaching at the French University College in Moscow. The publication reveals the history and mission of the French University College; it shows the specificities of law teaching. Having a clear humanitarian purposes, the College promotes the Russian-French cooperation in the field of science and culture. In terms of the legal disciplines, the most important component is the fundamental human rights studies. The“classic” legal disciplines (French civil law, history of French law, constitutional law, European law, etc.) are taught from the point of view of the need to protect human rights.

The article is devoted to the anniversary of Anatoly Fedorovich Koni. The author analyzes the ideas of the great lawyer about the moral principles of the criminal process from the point of view of the possibility of their application in the current conditions of development of criminal proceedings of Russia.

The bodies of the constitutional review inevitably come into contact with politics in the process of review of constitutional amendments. They can either prevent unconstitutional amendments or provoke a political crisis. The article provides and analyzes examples of judicial restraint and judicial activism in exercising of judicial review over amendments to the constitution.