
The Journal “Courier of Kutafin Moscow State Law University (MSAL)” is a scientific law journal that publishes theoretical and popular science research papers. The Journal was founded by Kutafin Moscow State Law University (MSAL) in April 2014, and it is devoted to current problems of various branches of law and law enforcement. A specific feature of the Journal is that it provides the platform for publication of the results of scientific research for both eminent scholars and young, novice researchers. Each issue is devoted to a particular branch of law, which differs the Journal from other scientific journals. “Courier of Kutafin Moscow State Law University (MSAL)” publishes scientific articles, interviews, data, essays, etc. with due regard to the requirements applied to the manuscripts submitted for publication in academic periodicals.
The Journal is
- registered by the Federal Service for Supervision in Communications, Information Technologies and Mass Media (Roskomnadzor) (Certificate PI № ФС77-67361 dated October 5, 2016) and the ISSN International Center (ISSN 2311-5998);
- recommended by the Higher Attestation Commission of the Ministry of Science and Higher Education of the Russian Federation for publication of the results of research carried out for the advanced academic degrees.
- Each article is given an individual international DOI index.
- Included in the Russian Index for Science Citation (RISC).
- Included in the scientific electronic library “CyberLeninka”.
Current issue
A WORD TO THE READERS
HUMAN RIGHTS IN THE MODERN WORLD
The issue of safeguarding civil and human rights and freedoms is discussed in the article in light of the emergence of a multipolar global order and significant changes in geopolitics, society, culture, and the law. The need to modernize the human rights architecture in order to create a creative and efficient system for the defense of civil and human rights and freedoms is determined by the crisis of traditional international legal human rights mechanisms, the waning influence of supranational regulators, and the politicization of former human rights institutions.
Because it enables us to recognize basic patterns, the category of justice is used to examine the axiological, institutional, and functional elements of the evolution of systems for the preservation of human and civil rights and freedoms. The analysis of how human rights institutions interact in the new multipolar world and the identification of modernization vectors for normativelegal support of human rights are the primary foci.
The article is devoted to the history of the development of the institution of the Commissioner for Human Rights in the Russian Federation, key aspects and results of the activities of the Commissioner for Human Rights in the Russian Federation.
The article addresses the role and significance of the institution of the Human Rights Commissioner in the Russian Federation. It examines the functions and objectives of this institution, highlighting its contribution to the protection and promotion of human rights at both federal and regional levels. Special attention is given to the activities and achievements of the current Commissioner for Human Rights in the Russian Federation, as well as to scholarly and practical contributions to the advancement of human rights protection nationally and to international cooperation in this field.
The article examines the moral categories — justice, humanism, equality, conscience, which form the value basis of the international concept of the protection of human and civil rights and freedoms. The article examines the conceptual approaches of foreign and domestic authors who have studied the category of human rights and freedoms as a legal phenomenon, its place in the value hierarchy of the modern world order in the context of the crisis of the Western system of human rights protection.
This article explores the evolution and institutionalization of national human rights bodies, with a particular emphasis on the ombudsman as a key mechanism for protecting the rights and freedoms of individuals. It evaluates international benchmarks most notably, the UN’s Paris Principles which delineate the criteria for independence, mandate, and effectiveness of such institutions. The discussion also addresses the contextual adaptation of the ombudsman institution within national legal systems and sociopolitical frameworks. Special attention is devoted to the case of the Russian Federation, highlighting the significant role of Commissioner for Human Rights Tatiana Nikolaevna Moskalkova in advancing the ombudsman’s mandate in the country.
The article examines the historical development, comparative perspectives, and current challenges in the implementation of human rights in the Republic of Kazakhstan. It presents a historical and legal analysis of human rights in Kazakhstan (pre-Soviet, Soviet, and post-Soviet periods), comparing traditional Kazakh concepts of justice with Western European human rights philosophy. The study discusses contrast to modern constitutional norms and universal principles. The influence of European Enlightenment ideas and international standards on the evolution of human rights approaches in Kazakhstan is traced. The article is based on an examination of historical documents, constitutional provisions, international treaties, and scholarly sources. The findings emphasize the unique synthesis of universal human rights principles and national specifics in Kazakhstan, demonstrate significant progress in institutionalizing rights and freedoms, and identify persistent problems requiring balanced reforms to address them.
The article examines the challenges of establishing constitutionalism and human rights in Russia. It holds particular significance in the context of shaping the doctrine of national constitutional identity. The author explores the origins, sources and features of domestic constitutionalism as a socio-cultural and political-legal phenomenon, as well as a system of relations based on formal equality and subordinate сharacter of authority’s actions. Following the abolition of serfdom, Alexander II’s judicial reform enshrined the principle of equality for all Russian subjects before the law and the courts. Simultaneously, the emperor’s power relinquished its prerogatives in the sphere of justice. Russia’s subsequent progress toward strengthening constitutional order and advancing human rights was marked by the enactment of the October 17, 1905, Manifesto and amendments to the Basic State Laws in 1906. The article characterizes Russian constitutionalism as an intra-system reformist movement that facilitated the gradual transition of Russian society to a higher level of legal culture.
In the publication, the author examines the contribution to the science of the Russian criminal process of Doctor of Law, Doctor of Philosophy, Professor T.N. Moskalkova, who both in her dissertation for the degree of Candidate of Law and Doctor of Law examines the issues of ensuring the rights and legitimate interests of participants in criminal proceedings. The results of her scientific research regarding compensation for damage caused by unlawful detention, compensation for moral damage caused by unlawful prosecution, and a number of others were implemented in the provisions of chapter 18 of the Criminal Procedure Code of the Russian Federation. As the Commissioner for Human Rights in the Russian Federation, T.N. Moskalkova pays special attention to issues of ensuring citizens’ access to justice, the implementation of which she sees through amendments to the procedural rules for the commencement of criminal proceedings.
Fully supporting the position of Professor T.N. Moskalkova, the author in this article, based on the numerous statistical data provided by him, materials of criminal cases, positions of the Supreme Court and the Constitutional Court of the Russian Federation for more than 30 years, justifies the need to exclude the institution of criminal proceedings.
MODERN MECHANISMS FOR THE PROTECTION OF HUMAN RIGHTS
The article presents an analysis of some aspects of the multifaceted activities of Tatyana Nikolaevna Moskalkova, Commissioner for Human Rights in the Russian Federation, Doctor of Law, Doctor of Philosophy, Honored Lawyer of the Russian Federation, related to improving the quality of protection of citizens’ rights and freedoms, and affirming the principles of justice and mercy in the human rights mechanisms of the state. From the very beginning of her career, Tatiana Nikolaevna has been involved in the humanization of the most controversial legal sphere — the criminal process, develops these problems in her scientific works and protects the rights of people in difficult life situations in practice. Since 2016, as the Commissioner for Human Rights in the Russian Federation, she has been solving the most complex problems related to the relationship between the individual, the state and society. Under her leadership, this legal institution has gained unconditional authority and influence in the system of state bodies and among citizens. To describe the work style of T.N. Moskalkova uses the metaphor of "soft power" in the article: in this case, it is used not as a strict legal term, but as a designation of the Commissioner’s ability to firmly and steadily move towards achieving high standards of human rights, focusing on the main moral categories — goodness, justice, mercy.
The widespread application of modern assisted reproductive technologies (ART) poses a complex set of legal issues related to the realization of human reproductive rights in the context of the right to personal integrity as a central somatic right and the safeguarding of the health of current and future generations. This article focuses on three groups of legal regulation issues emerging from the widespread use of ART and the implementation of somatic rights in this field: ensuring access to ART, establishing rights concerning embryos obtained through ART, and issues related to the regulation of surrogacy. The article presents the experience of international and national regulation, including the practice of international judicial bodies and national courts.
The study analyzes the administrative and legal nature of the state control institution through the prism of human rights guarantees. The authors analyze the transformation of the state control activity paradigm in the context of modern axiological priorities of the Russian legal system, focusing on the methodological dualism of the coercive and law-enforcing aspects of control and supervisory functions. Attention is paid to the study of the tools of the domestic institution of the Commissioner for Human Rights as a specific subject of constitutional and legal protection, functioning within the framework of extrajurisdictional procedures. A detailed doctrinal analysis is subjected to the mechanism for implementing the competence and managerial powers of the ombudsman in the system of human rights control. The authors identified and systematized the specific legal forms of control activities of the ombudsman institution, implementing the concept of monitoring compliance with individual rights. The study substantiates the thesis on the preventive and restorative function of human rights control as an element of the mechanism for protecting human and civil rights and freedoms in Russia.
THE COMMISSIONER FOR HUMAN RIGHTS AS A UNIVERSAL INSTITUTION FOR THE PROTECTION OF HUMAN RIGHTS (
The article analyzes the views presented in modern science and formulates its own concept regarding the concept and guarantees of the independence principle in state human rights activities. The issue of the role of the independence principle of state human rights activities is updated to increase its effectiveness. The problem of the relationship between the guarantees of the independence principle in relation to various subjects of state human rights activities is studied in the theoretical and legal aspect. A conclusion is made about the unevenness of the consolidation of guarantees of the independence principle in legislation and the implementation of law enforcement practice in law enforcement practice, the absence of a unified system of approaches to the consolidation of this principle, which negatively affects the stability and quality of human rights work of state bodies.
Proposals are formulated to amend the legislation of the Russian Federation in terms of the requirements for the independence of the institution of human rights ombudsmen in the constituent entities of the Russian Federation in the context of the 5th anniversary of the adoption of the Federal Law "On Human Rights Ombudsmen in the Constituent Entities of the Russian Federation".
The article analyzes the key aspects of the implementation of legal education tasks performed by the institution of human rights commissioners in Russia. Special attention is paid to the issues of ensuring the rights and freedoms of citizens, as well as ways of their protection. The analysis of the work of federal and regional commissioners shows an increase in the number of educational initiatives, their adaptation for different population groups and the introduction of modern approaches to conducting events. There is a reasonable conclusion that there is a high demand of Russian citizens for clarification of the peculiarities of the realization of rights, freedoms and ways of their protection. The article considers the peculiarities of the development of the institution of ombudspersons for human rights in the context of the professionalization of activities due to the expansion of powers and strengthening of the “legal toolkit”.
The article examines the evolution of election monitoring in Russia. There are trends in the widespread introduction of video surveillance, the development of public surveillance, the activation and expansion of the role of human rights commissioners in election monitoring, and interaction between ombudsmen, election authorities, and civil society institutions. The positive impact of these processes on ensuring the electoral rights of citizens, transparency and legitimacy of elections is noted. The importance of improving election monitoring tools and methods is emphasized in connection with of remote electronic voting, which opens up new opportunities and at the same time creates problems in terms of public monitoring.
The article provides biographical information about the personality of T. N. Moskalkova and reveals her scientific contribution to the creation of the moral foundations of criminal proceedings and the "moral support" of the norms of the Criminal Procedure Code of the Russian Federation. It is proved that T. N. Moskalkova consistently advocated the consolidation in the criminal procedure legislation of a general norm establishing a provision on respect for the honor and dignity of an individual in criminal proceedings, paid attention to the problems of the safety of participants in criminal proceedings, the situation of the suspect and the accused, consistently developed the idea of compensation for damage to the victim of a crime. It is noted that a set of proposals aimed at improving the institute of rehabilitation is of particular scientific value. The opinion is expressed that the proposals of the Commissioner for Human Rights in the Russian Federation on the consolidation of the principle of justice in the Code of Criminal Procedure deserve support. The main directions of the criminal procedure policy are defined.
SELECTED ISSUES OF LEGAL UNDERSTANDING AND ENFORCEMENT
The article studies the substantive and essential features of the constitutional principle of trust. The positions and opinions formed in the scientific literature on the legal and social content of the principle of trust, on the category of “trust” in legislation and law enforcement practice are analyzed. The conclusion about one-sided approach in understanding of the mentioned principle as “the principle of maintaining citizens’ confidence in the law and actions of the state” is formulated. Recognizing the special importance of this aspect of this principle, the author believes that the content of the principle of mutual trust of the state and society includes four aspects: trust of citizens in the state, public authorities, their acts and actions; trust of the state in citizens, institutions of civil society, the results of their activities; trust in the system of public power (In the relationship of branches of power, bodies, officials, other subjects of public law); trust in the interaction of citizens, citizens and institutions of civil society. The totality of these four aspects form the content of the constitutional principle of trust, which has received textual expression as the principle of “mutual trust of the state and society” (Constitution of the Russian Federation Art. 75.1).
The article explores the possibility of recognizing Internet access as a distinct human right. An analysis of theoretical legal frameworks and perspectives established within Russian legal doctrine has led to the conclusion that the right to Internet access lacks independent substantive content. This is because all elements that could potentially constitute such a right are either embedded within the structure of other legal categories or represent separate, already recognized individual rights. The foundational basis for human access to the Internet resides in the right to information, as all actions within the virtual domain occur exclusively through data exchange. At the same time, an individual’s practical ability to utilize this service depends on their financial means, since the constitutionally enshrined socioeconomic framework of the state mandates that the government’s role is limited to creating conditions enabling individuals to connect to the Internet, contingent upon their active initiative.
The author’s concept of personal dignity as a modern constitutional value is formulated, consisting of individual self-respect and social respect for a person as the "highest value".
The dignity of an employee of the internal affairs bodies (hereinafter referred to as ATS) is an evaluative category consisting of a number of interrelated factors: social, material, financial, spiritual, moral, etc., ensuring a decent life for both current law enforcement officials and service veterans, as well as their family members.
In the context of the legal technique of implementing the protective function of law, the dignity of an employee of the Department of Internal Affairs should be considered as a special object of legal protection by the state, with emphasis on the place of the Commissioner for Human Rights in this process.
In the Kyrgyz Republic, ensuring the safety of children’s lives is recognized as a priority of state policy. Despite the measures being taken, the level of child injuries and fatalities due to accidents remains a pressing issue. In response to tragic incidents, including child deaths in water bodies and cases of school violence, the parliament and authorities have strengthened measures to protect children. Resolutions have been adopted, interdepartmental working groups formed, inspections and surveys of students conducted, revealing serious issues: low awareness among children about safety rules, weak organization of civil defense in schools, violation of sanitary norms, overcrowded classrooms, and inadequate infrastructure.
As part of the implementation of the Resolution of the Jogorku Kenesh of the Kyrgyz Republic No. 2127-VII dated May 30, 2024, actions have been initiated to improve safety — installation of surveillance cameras and emergency buttons, updating of educational programs, conducting evacuation drills and civil protection contests. Measures have also been taken to prevent bullying, juvenile delinquency, to support vulnerable children, and to develop juvenile infrastructure.
The Ombudsman and the parliament continue to implement a systematic approach aimed at coordinating the efforts of all stakeholders — the state, local authorities, schools, parents, and society as a whole — to create a safe and supportive environment for children.
ISSN 2782-6163 (Online)