Moscow University Bulletin. Series 11. Law

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Legislative regulation of the list of expenses related to procedural costs in Criminal proceedings

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.69-88

Zelenin, S.R.

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98

The use of the institute of procedural costs is one of the tools that ensure the participation in criminal proceedings of both its participants and other persons involved in criminal proceedings. This determines the importance of legislative regulation on the attribution of certain expenses of these persons to those that are subject to reimbursement by the state. At the same time, unreasonable restrictions should not be allowed in the reimbursement of those expenses that are really necessary for the performance of the procedural duties assigned to these persons. Methodologically, the approach to the regulation of the list of procedural costs can be presented in two types: exhaustive or open, assuming an expansive interpretation. Currently, the legislator has established an open list of costs, indicating in paragraph 9 of Part 2 of Article 131 of the Criminal Procedure Code of the Russian Federation “other expenses incurred during the criminal proceedings”. A comparative historical analysis of approaches to the regulation of types of costs used at different times in the Russian criminal process, as well as a study of the attitude to the currently established open list of the Criminal Procedure Code of the Russian Federation from the doctrine and law enforcement allowed us to conclude that the existing approach is ineffective and suggest in the future a transition to the establishment of a list of specific procedural costs, which will make the practice more stable and predictable.

Keywords: procedural costs, reimbursement of costs, types of procedural costs, other procedural costs, expenses of the participants in the process, criminal proceedings, list of procedural costs

Modernization of Criminal proceedings in the context of its liberalization for entrepreneurs

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.59-68

Sychev, P.G.

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88

Modernization of criminal procedure legislation, which is most often implemented during codification, is always, according to the legislator’s plan, aimed at the public good. Criminal policy can also be aimed at increasing the effectiveness of countering crimes that most threaten social and public peace. When developing the Code of Criminal Procedure of the Russian Federation in 2001, it included norms aimed at improving the effectiveness of criminal proceedings — on the participation of a legal entity, on the seizure of securities. Currently, the legislative trend has changed, amendments to the Code of Criminal Procedure of the Russian Federation are aimed at liberalizing criminal proceedings against entrepreneurs who have committed crimes in the field of economic and entrepreneurial activity. The circle of persons belonging to the members of the management bodies of commercial organizations and individual entrepreneurs is defined in detail. It is regulated in detail what is included in the definition of compensation for damages in cases of tax crimes in the event of termination of criminal prosecution. All these amendments are aimed at increasing the procedural guarantees of the estate-professional group of entrepreneurs. In fact, they protect the financial interests of the state. The improvement of criminal procedure legislation should be based on the doctrine of criminal procedure, the modernization of the law pursuing someone’s financial interests can lead to unpredictable consequences.

Keywords: criminal proceedings, entrepreneurs, modernization, taxes, illegal financial transactions.

Creation of Production-Comrades’ courts in the RSFSR in the late 1920s — early 1930s

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.45-58

V.A. Yakovleva

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91

The article discusses the practical implementation of the Workers’ and Peasants’ Inspectorate’s proposal to set up community courts at factories. The reasons that led to this proposal and the discussions it provoked are described. The ideological motives (expressed by the authors of the proposal, as well as in general in the Soviet management circles) for involving the public in the administration of justice are also described. The process of establishing community courts at factories is divided into several stages, each with its own characteristics. At first, the community courts were established as an experiment, so their jurisdiction was very limited and the list of enterprises where they could be set up was agreed by the central authorities. However, later on, as this form of justice proved to be effective and was highly appreciated by the workers themselves, the community courts began to be established throughout the RSFSR, and their competence was extended. In the process, the basic purpose of the community courts was also changed. This change, among other factors, predetermined the success of this initiative and the long existence of the Comrades' courts.

Keywords: Soviet Russia, Rabkrin, NEP Soviet justice system, Comrades' courts

Indeterrminate sentences in Soviet legislation, practice and science of the NEP period

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.27-44

Abramova N.V.

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98

The article deals with the legal norms for real estate pledge under the contracts with the State Treasury in the XIXth — early XXth centuries. The Treasury, as one of the parties to the contracts for work and labour or supplies, made rather high demands on the pledged property. The key interest was economic (business), because the contracts were designed to serve the interests of various governmental administrations, including Military, Engineering, etc. State institutions, both then and now, serve the needs of the state and society at a particular historical moment. In parallel, the development of contract law is taking place. This leads to an expansion of the range of collateral for real estate. Simultaneously the subject of pledge became broader gradually, primarily due to the need to provide landlords and property owners with new incentives for economic activity. This leads to an expansion of the range of collateral for real estate. One of the main reasons for expanding the list of real estate objects was the need to provide landlords and property owners with new incentives for economic activity. At the same time, the location and market value of real estate was put at the forefront, because in case of a party’s failure to fulfill obligations to the Treasury, the subject of pledge was to be sold at the auction, which was supposed to help compensate for the damage caused to the treasury. The development of legal norms for real estate pledge under the contracts with the Treasury in the Russian Empire is closely related both to state institutions’ functioning within the bureaucratized management system and to huge geographical diversity with multinational specifics. In a certain sense, the system of contracts for work and labour or supplies in the Russian Empire demonstrates the groundwork for modern government contracts.

Keywords: history of Russian law, state treasury, contracts for work and labour, contracts for supplies, real estate pledge, subject of pledge, subject of law

Indeterrminate sentences in Soviet legislation, practice and science of the NEP period

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.3-26

P.L. Polyansky

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120

The article considers the rooting of the institution of indeterminate sentences in the Soviet legal reality of the NEP period. The author draws on a variety of sources, including archival ones, explores normative acts, projects, opinions of the leaders of the penitentiary system of that period. Attention is paid to the opinion of the Soviet scientific community about the institution under study, which followed world trends in criminal law and considered it necessary to adopt foreign advanced ideas in Russia. On the basis of the materials studied, the author comes to the conclusion that during the NEP period, further prerequisites continued to take shape for the institution of indeterminate sentences to be fixed in the criminal and corrective labor legislation. At the same time, a different attitude of the leadership of the NKJ and the NKVD to the correction of the length of stay of convicts in places of deprivation of liberty was revealed. From the point of view of the leadership of the NKJ, such a correction undermined the significance of judicial verdicts. The leaders of the NKVD, on the contrary, attached great importance to the possibility of reducing the term or changing the conditions of the convict’s stay, depending on his social danger. In the second half of the NEP, there was a need to resolve the contradictions between departments and all the prerequisites were in place to finally introduce the institution of indeterminate sentences into the legislation.

Keywords: NEP, Soviet criminal law, Soviet corrective labor law, indeterminate sentences

Electoral system of Russia in the context of challenges to electoral sovereignty (speech at the conference)

Moscow University Bulletin. Series 11. Law. 2023. N 6. p.243-250

Pamfilova, E.A.

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257

The article represents the abstracts of the report at the plenary session of the joint XXIV International Scientific and Practical Conference “Legal Support of Russian Sovereignty: Problems and Prospects”

Keywords: conference, electoral system, Russia, electoral sovereignty, sovereignty, electoral law, Central Election Commission of Russia

On the entry into force of constituent acts and membership in the Commonwealth of Independent States

Moscow University Bulletin. Series 11. Law. 2023. N 6. p.233-242

Pyotr P. Kremnev

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98

Based on an analysis of legal norms and the original texts of the constituent documents, the publication argues that the constituent acts of the Commonwealth of Independent States (CIS, i. e. the Agreement on the creation of the CIS of December 8, 1991 and the Protocol to it of December 21, 1991) came into full force on December 21, 1991. Thus, the Commonwealth as an interstate association was formed precisely on this date, December 21, 1991, and not December 8, 1991, as is widespread in domestic legal science. At the same time, based on an analysis of official information from the CIS Executive Committee, a reasoned answer is given to a question that has not previously been covered in legal science (Russian, and especially foreign) — on what date did the constituent acts of the Commonwealth fully come into force for each CIS member state? In addition, the publication assesses the legal status in the Commonwealth of Azerbaijan, Georgia (before its withdrawal from the CIS in 2009), Moldova and Ukraine.

Keywords: Commonwealth of Independent States, constituent acts, ratification, entry into force, legal status of membership in the Commonwealth

Constitution and regulation of labor relations: theoretical and practical aspects

Moscow University Bulletin. Series 11. Law. 2023. N 6. p.219-232

Kurennoy A. M.

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102

The article analyzes the role and place of the Constitution of the Russian Federation and its principles in regulating relations related to the use of wage labor and constituting the subject of labor law, as well as issues of practical application of international and sectoral principles of law in the field of labor. The issues related to the consolidation and development of constitutional principles in the labor legislation of the Russian Federation are analyzed. First of all, these are the basic principles of legal regulation of labor relations and other directly related relations, enshrined in Article 2 of the Labor Code of the Russian Federation. It is clarified that the principles are not “slogans” and purely theoretical constructions — they should be actively used at the stages of rulemaking and law enforcement. This provision is illustrated by the judicial practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The problem of the correlation of such important categories as politics, economics and law is touched upon, the need for an optimal ratio of their inherent mechanisms in all spheres is emphasized.

Keywords: Constitution of the Russian Federation, Labor Code of the Russian Federation, principles of law, basic rights of citizens in the field of labor, judicial practice

Threats in mixed reality headset use and legal regulation in China: present and future

Moscow University Bulletin. Series 11. Law. 2023. N 6. p.207-218

Li Ya.

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86

Apple’s Vision Pro mixed reality headset was debuted at the annual WWDC on 5 June 2023, the new headset seamlessly blends the real world and virtual world, the Vision Pro can be controlled by voice, hands and eye movement. The rapid development of technology also brings corresponding risks to people, which include not only privacy violation, but also injuries such as dizziness, migraine, brain injury, etc. .At present, although China has a number of legal regulations on the risks of new technology, they are still not perfect for such a latest model of mixed reality headset. The article presents and analyzes the risks of using a mixed reality headset, reveals the problems of imperfections in the current legislation in China, and suggests ways to overcome the shortcomings.

Keywords: mixed reality headset, eye tracking technology, data privacy, legal liability

Criminopenological analysis of the legal status of imprisonment of liberty: Belarusian research experience

Moscow University Bulletin. Series 11. Law. 2023. N 6. p.192-206

Shidlovsky, A.V.

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93

The legal regulation of deprivation of liberty as a measure of criminal liability is not limited to criminal law rules on its purpose and other application. Punishment by imprisonment is associated with a whole complex of regulatory norms of criminal executive, criminal procedural and other sectoral legislation. A conclusion is made about the complex nature of the formation of the legal status of deprivation of liberty and on this basis a differentiation is made of the elements that form it, depending on their functional purpose, influence on the content and nature of the origin of other legal institutions and measures of criminal law. Theoretical foundations of penitentiary criminopenology are being developed, which allows us to talk about classifying deprivation of liberty as a type of punishment as a penitentiary type of criminal liability. This direction creates the prerequisites for a comprehensive solution to the problem of saving penalization, including penitentiary repression at all stages of its regulation (from the establishment of criminal law sanctions to full implementation in relation to a specific convict). The system of penitentiary criminology is revealed as an independent direction in the doctrine of punishment by deprivation of liberty, its subject and main parameters are determined. Certain aspects of the social, criminal-political, criminological and criminal-legal conditionality of the nature of differentiation and individualization of criminal penitentiary repression are considered. The content of punishment in the form of imprisonment is analyzed in terms of measuring the parameters of penitentiary criminology. On this basis, the content of the protective task of criminal law in the conditions of the development of the social state and modern society is clarified.

Keywords: imprisonment, penitentiary criminopenology, penitentiary type of criminal behavior, punishment, differentiation and individualization of penitentiary repression

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