Articles

The special issue of the Bulletin of Moscow University, ending in 2022, is dedicated to the anniversary date — the 95th anniversary of the birth of the head of the Department of Criminal Law and Criminology of the Faculty of Law of Moscow State University, laureate of the USSR State Prize, Honored Scientist of the RSFSR, Honored Worker of Higher Education, Honored Professor of Moscow State University, member of the International Association of Criminal Law Ninel Fedorovna Kuznetsova (1927-2010).

The consistent autonomization of Russia through the mediation of the People’s Commissariat for Nationalities (hereinafter the Commissariat, People’s Commissariat or Narcomnats) offered priceless experience by 1924 in creating a unique form of the Soviet state unity and a reason for come back to its analysis in 2022. The active transformation of Russian Unitarianism entailed the enrichment of Soviet positive law: in January 1918, the Soviet government provided legal guarantees to the people to engage in «law-making». While systematizing the accumulated material the idea of writing a federal code appeared. The existing state entities needed, in addition to the Constitution, a different legal basis for development. The world’s first federal Code could bring legal certainty to the organization of the form of the state unity, which would give predictability of state development and, of course, greater security. The whole world could see that the RSFSR had become a guarantor of political stability. The Code could make it possible to combine the free “law-making” of people in the choice of autonomy with the state regulation of this process.

The research is oriented towards the study of basic issues concerning the correlation between information and communication technologies (ICT) in the national justice and traditional grounds of its administration. The author researches the effects of implementing information technologies into justice from the viewpoint of constitutional legal status and its correspondence with the procedural status of a trial participant. The transformation of justice in the context of digitalization from the viewpoint of its availability to interested parties is being analyzed. 

The article also defines issues with the implementation of traditional adjudication principles in the Russian Federation. The researcher draws attention to the lack of a unified approach to the implementation of information technologies in procedural legislation and legislation on judicial organization. The science article reveals in detail legal regulation in the sphere under consideration as well as certain doctrinal approaches, analyzes materials of court practice, provides reasoning for the viable development of uniform alteration of procedural legislation and legislation on judicial organization in the field of “digital” justice development. A number of suggestions and conclusions over the correlation between technologization and traditional grounds in the modern system of justice is made. 

The author proposes for the development of the judicial law concept as one of the mechanisms for upgrading relevant legislation in the sphere in question.

For a long time, the Russian Federation has held the title of one of the leading space powers. However, space activities in Russia are associated exclusively with the activities of the state corporation, and the space activities of private companies are usually not considered due to their insignificance. The aim of the article is to analyze the legal regime of space activities in Russian legislation. This article examines the issues of the presence in the Russian legal system of norms favorable to entrepreneurial space activities. The author sees the problem in the incorrect perception of the term “commercialization” by the legislator. The paradox of the absence of competitive Russian entrepreneurs on the world and the Russian space markets is considered. The reasons for the lack of understanding of the necessity and non-acceptance of norms aimed at stimulating competitive commercial space activities are revealed. The author analyzes two draft laws “On entrepreneurial activities in the exploration and use of outer space” (1999) and “On remote sensing of the Earth from space” (2021). An analogy is drawn with measures to stimulate space entrepreneurship abroad. An example of developing commercialization of commercial activities in the US legislation is given. The author describes the absence in the Russian legislation of the possibility for public-private partnership and concession in relation to space technology and its infrastructure. The analysis presented in this article allows us to conclude that there are no legal institutions that stimulate, encourage and support the space industry entrepreneurs in the Russian legislation.

The article is a continuation of the previously published work “Legal foundations of state environmental management in a digital society: Terms and definitions”. As it was noted, the issues of environmental protection, improving the efficiency of public administration in the environmental sphere have been elevated to the rank of national goals, the way to achieve which, according to official estimates, is seen, inter alia, in the introduction of digital technologies. This article examines the issues of methods of legal regulation of public relations in the field of state environmental management. The question of the transformation of the ways of the influence of law as a social regulator on public relations in the conditions of digitalization is considered. The paper attempts to identify trends in the transformation of the method of legal regulation of public relations in the field of state environmental management in a digital society. As such, the following are noted: expansion of “digitized” spheres of state environmental management, reduction of discretionary powers in the field of state environmental management in the context of digitalization, change in the subject composition of managerial legal relations, strengthening of the principles of dispositivity of the method of legal regulation of relations in the field of state environmental management, fragmentation of environmental legislation in terms of regulation of public environmental relations, including in the field of state environmental management.

The author insists on the need to overcome the approach that has developed in Russian constitutional practice and doctrine, which considers legal entities to be “inauthentic” subjects of constitutional law, whose rights are somehow conditioned by their connection with a person. An association (legal entity) is an independent subject of law; the need to secure constitutional rights for it is due not to the protection of the rights of its participants, but to the protection of the association as the most important social actor in modern society. The category «legal entity» is necessary to confirm its compliance with the criteria established by law to ensure the fairness of social institutions. This makes it possible to begin the formation of the constitutional rights (and obligations) of social associations (legal entities) taking into account the goals of its creation, the specifics of the scope of its activities, etc.

The article deals with the problem related to the definition of the content of the category “unlawful interest” in relation to liability insurance. In Russian law, the question of the content of an illegal interest becomes especially relevant, since the lack of an answer to it leads to the inability to insure the costs associated with the application of administrative liability measures in the form of monetary fines to policyholders, which significantly limits the possibilities of developing insurance as a financial institution. The article notes that not in all legal systems the use of insurance is limited by establishing a ban on insuring illegal interests, as is the case in Russia by virtue of paragraph 1 of Art. 928 of the Civil Code of the Russian Federation. For these purposes, in addition to the direct prohibition of insuring illegal interests, a public order structure may be used that prevents the execution of an insurance contract in cases where such a contract violates public order. The author notes that despite the attempts of Russian scientists to determine what an unlawful interest is, according to the paragraph 1 of art. 928 of the Civil Code of the Russian Federation, the answer to this question remains open and comes to the conclusion that it is impossible to determine the exhaustive content of the illegal insurance interest, because this category always implies the discretion of the court. However, for the purposes of practical determination of cases when the insurance interest is unlawful, it is necessary to be guided by the criteria developed by the doctrine and judicial practice for transactions that violate public interests, and in each specific case to assess whether the liability insurance contract violates public interests or not.

Obligations arising as a result of causing harm in the course of a counterterrorist operation remain poorly studied in the domestic doctrine to a certain extent. Meanwhile, in practice, more and more difficulties arise due to the lack of compensation for causing this kind of harm. The reason for this is the incorrect qualification of the relationship, as a result of which the interest of the victim often remains unsatisfied. The article attempts to identify and resolve problems in compensation for harm caused by a counter-terrorist operation. The main difficulties are connected, firstly, with the definition of the defendant, secondly, with the refusal of compensation, since the procedure established in the laws was not observed, thirdly, with the determination of the legal nature of compensation for causing such harm, and, finally, with compensation for non-pecuniary damage. As a result, the author comes to the following conclusions: (1) the Ministry of Finance of the Russian Federation acts as a defendant in such disputes, while compensation for harm should be made at the expense of the federal budget; (2) non-compliance with the formal procedure is not an unconditional obstacle to refusing to compensate for lawfully caused harm, since the legal nature of compensation provided for by law and direct compensation for harm are different; (3) the victim retains the right to claim compensation for harm caused by a counter-terrorist operation, despite the statu- tory compensation received; (4) the victim has the right to compensate for non-pecuniary damage.

The author defines the features of the civil legal regime of the animal and qualifies the behavior of the animal depending on its legal regime. The significance of this study is that it allows us to answer the question of responsibility for harm caused by animals. In the article, the author refers to the sources of Roman law, and shows the formation of ideas about the behavior of an animal in domestic law. The author explores the judicial practice in which the legal qualification of animal behavior is carried out. The author identifies cases and grounds for bringing to responsibility for the harm caused by the animals of their owners, critically assesses the recognition of animal husbandry as an activity that poses an increased danger to others. The author evaluates the right of subjects to refer to phenomena related to animals as grounds for exemption from liability for violation of an obligation. The author concludes that the legal consequences of animal behavior differ depending on the legal regime of the animal (wild and located in the natural habitat, wild, removed from the natural habitat, domestic). The author examines legal consequences of animal diseases (epizootics) for the owner of animals and other persons.

The article discusses the issues of possible reform of the higher education system in Russia in general and legal education in particular. The prerequisites for such a reform are analyzed and the opinions expressed on this matter by representatives of state authorities, the scientific community, public organizations, proposals for a possible rejection of the “Bologna system” (a two-level education system) are considered. On the example of legal education provided by the Faculty of Law of Lomonosov Moscow State University. The advantages and disadvantages of the “Bologna system” are identified, the goals and principles of higher legal education are determined, the requirements for the structure of educational programs are formulated, the advantages of integrated training of lawyers (integrated magistracy) are substantiated compared with the specialty and the current two-level bachelor’s and master’s degree system. The article pays special attention to the need to ensure fundamental nature in legal education, the formation of scientific and pedagogical schools, indicates the need to maintain continuity in the reform of higher education, taking into account the interests of persons who have graduated in the field of Law in different periods. The authors also touch upon the problems of rating law schools and raise the question of the expediency of codifying legislation on education in the way of fulfilling the task of providing the necessary legal support for the implementation of educational programs.