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
COMPETITION OF SCIENTIFIC WORKS «PRIORITIES OF A YOUNG LAWYER»
The article deals with the issues related to measures taken by the state together with commercial and educational organizations, in the face of the rapid threat of the onset of the harmful effects of global warming on the planet caused by excessive consumption of technologies based on the processing of carbon-containing components, measures to counteract carbon pollution of atmospheric air, and in particular the Carbon Polygons project, the impact of these scientific and technical breakthroughs to create new jobs in the field of environmental technologies, to raise public awareness of the problems of climate change, stimulate innovation and the introduction of new technologies, the growth of the economy of the «green» sector, attract investment in environmentally friendly projects, and create a more sustainable and competitive economy. The scientific work also focuses on problematic issues of decarbonization regulation at the legislative level: the lack of clear and precise legal norms in the field of carbon regulation, gaps in the law regarding liability measures applied to persons who allow excessive «carbonation» of air, soils and waters.
Introduction of the digital ruble into the Russian legal system has led or will inevitably lead to the emergence of the problem of regulating such relations in the banking sector, which affects the general economic situation. This article attempts to consider main problems and peculiarities of the functioning of digital currencies of the central bank, which is the digital ruble. The author analyzes the main forms of central bank digital currencies (accounting and tokenized forms of central bank digital currencies), considers approaches to the understanding of central bank digital currencies in foreign sources (property-legal, assignment and sui generis nature of central bank digital currencies) and their comparison with the domestic digital ruble while identifying the advantages and disadvantages of different legal and economic forms. The author identifies the main models of organization of central bank digital currencies: 1) one-tier model of central bank digital currencies, 2) twotier model of central bank digital currencies, and 3) hybrid model of central bank digital currencies.
The article raises the question of the exceptional importance of the territorial organization of the state. The author proceeds the fact that geolaw is designed to identify specific features that have a positive or negative impact on the spatial development of the country. The article reveals the characteristic features of Russian federalism that exist in the conditions of the historically established geo-legal policy of state authorities aimed at establishing an effective strategy for the holistic and sustainable development of regions. The author analyzes the legal basis of the existing system of Russian territorial development, including by the example of strategic planning documents. The article emphasizes the importance of such a category as geolegal sustainability, defines it, and provides examples of threat to them. The federal subjects, as structural elements of the national architecture of public power, with a share of autonomy, act as indicators of the success of federal policy to maintain and increase the level of territorial development. The subjects are both sources of stability and tension within the framework of a single state. The author concludes about the exclusive role of federal policy in the development, adoption and application of an array of legal norms reflecting the geolegal sustainability of the state and designates the federal subject as the basic structural unit for ensuring geolegal sustainability.
Civil law, based on the principles of autonomy of will and dispositiveness, allows economically identical relationships to be formalised through various contractual constructions. The purpose of such non-standardisation is often to circumvent the law in order to maximise profits or reduce the cost of compliance. In the bancassurance sector, for example, there is a practice of selling collective insurance by including the borrower (the insured) in an insurance policy already formed by the bank (the policyholder) and the insurer. Under this insurance model, many legal guarantees of the borrower’s rights simply do not apply, and therefore the legal regulation has required significant changes. Since 2021, a similar phenomenon — «instalments», «payment by instalments (shares)» or BNPL-lending — has spread in the commercial sphere. The article analyses BNPL-lending models, their risks, considers the mechanism of operation of such lending, assesses the integrity of such practices, identifies problems and prospects of legislative regulation of such «consumer lending».
YOUNG LAWYERS ARE THE FUTURE OF RUSSIA
The article deals with the process of formation of the jurisdiction of the Orthodox ecclesiastical court in Russia in the period from the adoption of Christianity at the state level to the end of the XVII century. The author concludes that the process of narrowing the jurisdiction of the Russian Orthodox Church began long before the reforms of Peter the Great and was connected with the centralisation of state power and the growing need to correct the shortcomings of the church judicial system. Cases of normative interference of sovereigns in the jurisdiction of the church at all stages of pre-Petrine Russia, beginning with the church statutes of Princes Vladimir and Yaroslav, have been identified. It was the stronger, the more the state in the course of centralisation needed an orderly court. The special role of unconvicted literatures in the process of centralisation of justice is also shown.
The article examines the genesis of international legal norms on liability for illicit trafficking in narcotic drugs and similar substances. A threetier periodization of the development of international anti-drug norms is proposed. It is established that in the first period — the stage of colonial regulation — a division of states into producing countries and consuming countries of narcotic drugs and similar substances was formed. The author analyzes international regulatory material providing for liability for illicit trafficking in narcotic drugs and similar substances in relation to each of the three stages of development of international anti-drug law. Taking into account international regulatory legal acts, a conclusion is made that the emergence of the modern international drug control system was the result of the accumulation of all the experience accumulated by mankind in counteracting the illicit trafficking in narcotic drugs and similar substances.
The article discusses the restrictive measures imposed by the European Union (EU) against the Russian Federation within the framework of Regulation No. 833/2014 and prohibiting entry into EU ports by ships flying the Russian flag. Based on the analysis of the relevant norms of EU legislation for their compliance with the basic provisions of international maritime law, as well as the primary law of the Union, the author concludes that the ban in question does not comply with either EU norms in the field of restrictive measures or the fundamental principles of international maritime law. In addition, this restrictive measure poses a threat to the stability of the system of relations in the field of international merchant shipping as such, since in reality it affects not only Russian, but also foreign shipowners.
In this article, the author examines the legal regulation of the activities of credit institutions in modern conditions. Particular attention is paid to legislative trends of changes, in which the restriction on the implementation of trading activities by credit institutions is gradually fading away. The author also assesses that in the current socio-economic conditions of the Russian Federation, it is necessary to resort to the introduction of new financial instruments from other partner states, the use of which raises the issue of the need to revise the legislative ban on the implementation of trading activities by credit institutions. In the final part, the author comes to the logical conclusion about the need for legislative changes, the purpose of which will be aimed at expanding the activities of credit institutions and increasing the attractiveness of the business of the domestic banking sector.
Today, there is an increase in attention to the technology of the metaverse (a new kind of virtual world) from the state, business, citizens and science. This is due to the wide functionality of the metaverse. The prototypes of metaverses that exist today allow us to talk about the formation of a new form of economic relations, the subjects of which have the opportunity to make a real profit. Over time, this process will become commonplace for society. Due to the gradual integration of metaverse technology into the life of society, many legal questions arise, to which there are no answers today. Of all the issues presented, one of the least studied is taxation. Since the role of fiscalization for the socio-economic development of the state is extremely high, it is necessary to conduct a study to identify the possibility of adapting existing tax legislation to the relations arising within the metaverse. This study is based on the provisions of Russian legislation on taxes and fees. As a result of the work carried out, the need to transform the Russian tax system to relations in the metaverse was determined and justified (1), the features of Russian tax policy in terms of further development of the metaverse sector were identified (2), a number of objects were formulated to which the tax regime should be extended (3).
The article analyzes the doctrine of German philosopher Georg Wilhelm Friedrich Hegel, his influence on the formation of the domestic school of philosophy of law in the pre-revolutionary period, the discourse of Soviet philosophy of law in relation to the legal system of Hegel, as well as the views of modern legal scholars on this issue. It examines how scholars such as K. A. Nevolin, M. A. Arzhanov, V. S. Nertzsyants and others have implemented elements of the German philosopher’s concept in their legal systems. The experience of Russian philosophy of law during three historical stages is summarized through the prism of Hegel’s influence. The analysis reveals that the development of pre-revolutionary, Soviet philosophy of law often resulted from new interpretations of Hegel’s legal ideas and the use of speculative methods, while the detailed elaboration of Hegel’s philosophy contributes to the development of doctrines and concepts in the modern school of philosophy of law.
In the work based on the traditional forensic teaching of skills and habits, it is demonstrated how their properties: versatility, automation, variability, relative visibility, tendency to repeat, individuality, stability — manifest themselves when a person acts in the digital space. The most typical groups of «digital skills and habits» associated with the use of software, Internet communication, working with text files and interacting with the keyboard are highlighted. The sources of information on habits and skills related to each group, their potential forensic significance, as well as the current limitations associated with their research and use in proving criminal cases are described. Special attention is paid to the keystroke dynamics, the study of which allows to identify the typist. The author comes to the conclusion that forensic research of digital habits and skills is the key to an effective fight against constantly improving criminal activity.
SCIENTIFIC RESEARCH
The article reveals the essence of the category administrative jurisdiction, its relation to the terms judicial proceedings, jurisdiction, jurisdiction. The concept of administrative jurisdiction in the field of the securities market is revealed. Administrative and legal conflicts (disputes) in the field of the securities market have varieties on the following grounds: by the status of the initiator of the conflict (dispute), by the subject of the resolution of the conflict (dispute) in the field of the securities market, by the method of initiating a dispute in the field of the securities market, by the basis of the initiation of the dispute and by types of administrative and jurisdictional relations. With regard to the securities market, the author identifies only two types of administrative and jurisdictional relations: relations arising from complaints proceedings and relations from proceedings on administrative offenses.
ISSN 2782-6163 (Online)