Moscow University Bulletin. Series 11. Law

Filter
Activity Start Date:	…
Title:
Keywords:
DOI Number:

Distinction of instigation and public calls to commit crimes in the Criminal Law of Russia XX–XXI centuries

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.159-178

Kostyleva O.V.

read article

179

Throughout the XX–XXI centuries, the Russian criminal legislation, along with traditional provisions on instigation, contains norms that provide for independent (outside the framework of complicity) responsibility for public calls for the implementation of criminal activity. The article analyzes the views of the Russian theory of criminal law on the correlation of instigation with public incitement to commit specific criminal acts in the Criminal Code of 1903, counter-revolutionary and anti-Soviet agitation and propaganda provided for by Soviet criminal laws, as well as public calls for criminal activity in the current Criminal Code of the Russian Federation. The existence of these norms in different historical periods is explained primarily by the actual limits (to a greater or lesser extent) of complicity and inchoate crimes. The expansion of the range of punishable acts primarily pursues the goal to protect the existing state system, public order and security. At the same time, the limits of such criminalization and the distinction between incitement and public appeals cannot be determined by a simple technical opposition of their features, but must be established by understanding the very concept of public appeals to commit certain criminal acts. The difficulties observed today in their differentiation are not in the least connected with the changing legislative constructions throughout the century, which predetermines the interest in their historical analysis.

Keywords: public calls, public incitement, instigation, agitation, propaganda, publicity

Legal support for the unity of local self-government and science city: from territoriality to integrity

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.146-158

Nanba, S.B. Pomazansky, A.E.

read article

162

In retrospect, and currently, scientific forecasts of the development of russian municipal, constitutional, legislation, and legislation on science are developing unidirectionally and do not consider related problems and prospects of legal regulation. As a result, the most important institutions in technological development acquire fragmented legal regulation. An analysis of legislative initiatives and trends in the development of Russian legislation on local government and science cities shows the parallel and uncoordinated development of these important areas of legal regulation. As a result, interrelated problems and unresolved tasks in the development of territories, the disclosure of the potential of local self-government in the scientific and technological growth of the state are actually multiplying. Scientists do not pay due attention to this issue. The article offers the author’s solutions to the identified problem and provides a predictive assessment of possible scenarios for the development of Russian legislation in an intersectoral aspect. The author’s conclusions are based not only on Russian but also foreign sources, using a comparative legal method and research methodology. The authors substantiate the importance of balanced development of legislation on science cities and local selfgovernment as an indicator of the involvement of scientific and technical development of Russia and at the same time as an incentive for scientific activity and production of territories, taking into account their individual characteristics and potential. The inclusion of these indicators in the measurement of technological development and sustainable economic growth of the country creates new challenges for improving Russian legislation.

Keywords: science city, technopolis, territorial development, scientific and technological development, municipality, urban district, legal status

Service contract for transmission of electric power: legal characteristics

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.126-145

Krassov, E.O.

read article

195

Civil law legal forms are being “transplanted” to electric power legislation. Special rules governing social relations in the electric power industry are not often being coherent to general rules set up in the civil law. There are many exceptions to the rules that don’t specifically allow to determine the legal nature of contractual forms that are used in the electric power legislation. The electric power transmission services contract is not an exception.

Particular emphasis in the work is given to the lack of a legal definition of the concept of “provision of electric power transmission services” in the legislation. This does not allow us to determine the scope of the contract, as well as the content of the actions carried out in the provision of electric power transmission services. The question of the advisability of including a condition on the quality of electric power as an essential condition of the contract by analogy with an energy supply contract is considered.

The work examines the general legal nature, differences from the agreement on technological connection, including parties “to the contract legal rights arising in the course of the contract, and its public and binding nature”.

Despite the approach declared by law regarding the public nature of the contract, the procedure for sending an offer to conclude it does not comply with the rules established by the Civil Code of the Russian Federation on public contracts. In this regard, at the end of the work, proposals were formulated to improve the legislation when the agreement is concluded in the legal form of an adhesion agreement.

Keywords: provision of services, transmission of electric power, services contract, public contract, binding contract, electric power quality, electric power industry

Basic principles of partnership finance

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.108-125

Filimonov, M.I.

read article

130

The so-called “Islamic” transactions are deemed most popular ethical-based transactions in the modern financial world. At the same time it should be particularly noted, that this local segment of the financial market is constantly developing. The financial market of the Russian Federation, despite the current complicated geopolitical situation, shows an active expanding of the partnership financing as well as high involvement of physical persons into the Islamic law-based transactions. Thus, it should be admitted, that the studying of the partnership finance phenomenon is inseparably linked with the necessity of examination of basic standards and restrictions, forming its basis. This article shows the main points of intersection of ethical restrictions and separate aspects of activities of the economic entities. The article also shows in details core principles of the partnership financing, such as the separate transactions accounting principle, the prohibition of the interest income, the revenue sharing principle, and the forbid of financing of some particular assets/activities.

Keywords: partnership finance, Islamic finance, partnership finance principles, banks, non-banking financial institutions, the separate transactions accounting, the prohibition of the interest income

Virtual currencies in Chinese law: from cryptocurrency ban to digital yuan

Moscow University Bulletin. Series 11. Law. 2024. N 1. p.89-107

Yue, Q. Yulia S. Kharitonova

read article

181

The widespread use of digital financial instruments has increased interest in the legal regulation of digital currencies around the world. China has become a recognized leader in regulating this matter, testing the digital yuan since 2021 and adjusting legal solutions to adapt the new institution based on this experience. Recognizing digital currencies as virtual property, China introduced the concept of legal and illegal digital currencies. Strict restrictions on cryptocurrency circulation have been established, its methods and means of control are constantly being improved, law enforcement efforts are constantly increasing, and law enforcement targets are gradually being extended to key financial intermediaries. But against this background, the research and development of legal regulation of digital yuan circulation continues. Through regional pilot regimes, preparations have been made for the full-scale issuance and cross-border circulation of digital yuan, aiming at the internationalization of digital China. The analysis of the Chinese experience shows that modern states cannot completely avoid addressing the issue of legalization of digital currencies. Attempts to minimize systemic risks to economic and financial stability resulting from the spread of decentralized cryptocurrencies lead to the need to introduce digital currencies of a different quality — centralized banking digital currencies backed by the authority of the state.

Keywords: digital currency, central bank digital currency, cryptocurrency, cross-border circulation of digital yuan

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.

read article

129

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.

read article

129

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

read article

141

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.

read article

150

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

read article

171

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

Articles