Kutafin Moscow State Law University Research Articles

Academic Digest of the Center for Legal Support of Bioeconomics and Genetic Technologies of Kutafin Moscow State Law University (MSAL)

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The International Conference «Transport Obligations in the context of Technological Development» Dedicated to the Memory of Professor A. G. Kalpin

The paper is a brief overview of the international conference «Transport Obligations in the context of Technological Development» held on June 18, 2024 at Department of Civil Law of Kutafin Moscow State Law University (MSAL) and dedicated to the memory of Professor A.G. Kalpin. More than 30 speakers—representatives of leading Russian universities, business and government authorities—attended the conference. The conference was supported by the Digital Valleys Platform Foundation for the Support and Development of Information Technologies and Digitalization of the Economy, which is the general partner of the Technopravo project implemented within the framework of the Priority-2030 academic equality program. Four out of five Dr. Sci.— experts in transport law — attended the conference. The paper provides an overview of the main speeches and reports of leading Russian lawyers on transport law in the Russian Federation. Following the results of the conference, it was emphasized that many problems of transport law identified by Professor A. G. Kalpin have not yet been solved. This circumstance, as well as the rapid technological development of the Russian Federation, necessitates the continued modernization of domestic legislation in the field of transport law, including the formation of new legal regimes in the transport industry of the Russian Federation.

Academic Digest of the Center for Legal Support of Bioeconomics and Genetic Technologies of Kutafin Moscow State Law University (MSAL)

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Digital Platforms in the Focus of National Law

The paper contains an overview of the research workshop Digital platforms: new environment for collaboration at the Institute of Legislation and Comparative Law under the Federal Government (ILCL) on 23 April 2024, and findings of the expert survey Digital platforms in the focus of national law. Presentations by participants were systematized by the authors of the overview around the most relevant subjects related to digital platform operations: general issues of digital platform regulation; digital platforms’ impact on human rights; digital platforms in public administration; digital platforms in private law, criminal law and specific branches. The workshop was attended by researchers representing the Institute of Legislation and Comparative Law, Kutafin Moscow State Law University, National Research University–Higher School of Economics, Moscow State University, Russian Academy of National Economy and Public Administration under the President of Russia, Plekhanov Russian University of Economics, Orenburg State University, Siberian Federal University, Gubkin Russian State University of Oil and Gas, Saint Petersburg University of the Interior Ministry, MTS Joint-Stock Company, etc. Legal themes under discussion included the legal nature of digital platforms; digital platforms’ impact on the economy, public administration, human rights and the underlying changes to their amount and content; associated risks; digital platforms and anti-trust regulation; networking effect of digital platforms; labor relations and platform employment; labor right protection and digital platforms; dangers of discrimination related to digital platforms.

Library of the Center for Law and Bioethics in the Field of Genomic Research and Application of Genetic Technologies of Kutafin Moscow State Law University (MSAL)

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Московский государственный юридический университет имени О.Е. Кутафина — равный среди первых

The article describes the history of the formation and development of the O. E. Kutafin Moscow State Law University (MGUA), which began in 1931. Such a long way is considered in the article through the prism of the formation of scientific schools of the University, the development of academic education, the practical application of acquired knowledge and the education of the future legal elite of the country. The current stage of the University’s development is considered in the context of the implementation of the Strategic Development Program.

Optimisation of Students’ Interdisciplinary English-Language Training Amid Modern Digital Transformations (on the Material of Legal Discourse)

The article highlights the necessity of interdisciplinary training for professionally-directed English-language interaction of students studying law and artificial intelligence technologies at the Kutafin Moscow State Law University (MSAL) and Bauman Moscow State Technical University (National Research University). The importance of digital technologies usage to optimize the process of learning English with the significant role of the teacher — peer educator and conveyor of knowledge, capable of considering the regulatory documents governing relationships in the digital environment, is indicated. The studied English-language discourse is actualised based on the necessity to widen students’ lexical and grammatical knowledge, to develop their socio-perceptual skills. The need for modeling situations of real international cooperation for practical consolidation of the studied material is revealed. The shortage of classroom academic hours for the students’ comprehensive preparation for the forthcoming professional activity in English is established, which is partially compensated by the outlined in the article extracurricular activities. The author concludes that the indicators of the quality of students’ training in an interdisciplinary context are their skills in linguistically meaningful construction of the English-language discourse, adaptation to the constantly changing international situation, socio-perceptual skills, cognitive use of digital technologies, knowledge of culture and psychology of the professionally-directed English-language interaction.

Digital Platforms As a New Interaction Environment: Review of the Scientific and Practical Seminar and Results of the Expert Survey

The article provides an overview of the scientific and practical seminar “Digital platforms as a new interaction environment” held on April 23, 2024 at the Institute of Legislation and Comparative Law under the Government of the Russian Federation and the results of the expert survey. The seminar was attended by representatives of Institute of Legislation and Comparative Law under the Government of the Russian Federation, Kutafin Moscow State Law University, National Research University “Higher School of Economics”, Lomonosov Moscow State University, Plekhanov Russian University of Economics, Siberian Federal University, National University of Oil and Gas “Gubkin University” and others. The presentations of the seminar participants are systematized according to the most relevant thematic blocks related to the functioning of digital platforms: general issues of legal regulation of digital platforms; the impact of digital platforms on human rights; digital platforms in public administration; digital platforms in private law, criminal law and other spheres. The following legal issues are highlighted: the essence of the digital platform from the perspective of law; the impact of digital platforms on the economy, public administration, human rights and changes in their scope and content; risks arising from the activities of digital platforms; digital platforms and antitrust regulation; network effect in the activities of digital platforms; labor relations using digital platforms; protection of labor rights and digital platforms; the risk of discrimination related to the activities of digital platforms.

The “Startup as a WRC” program is a driver for the development of youth entrepreneurship

The article shows the formation and identified the objectives of the program «Startup as a WRC». The experience of the Kutafin Moscow State Law University (MSAL) on the implementation of this project from the decision-making stage to the protection of the first works performed in the form of a startup project is presented. Taking into account the results of the full cycle of the «Startup as a WRC» program, the general principles of its implementation are formulated. Methodological and organizational proposals were made to improve the «Startup as a WRC» program.

New Information Technologies and Data Security

The paper provides a review of the research workshop “New Information Technologies and Data Security” took place on 23 May 2023 at the Institute of Foreign Legislation and Comparative Law (ILCL). The authors reflect the keynotes of the reports made by representatives of the Institute of Legislation and Comparative Law, Kutafin Moscow State Law University, National Research University–Higher School of Economics (NRU-HSE), Moscow State Lomonosov University (MGU), Plekhanov State University of Economics, Moscow State City Pedagogical University, etc. The paper provides an insight into the legal issues under discussion: concept and meaning of data security in the current environment; development vectors of the data security institution in the context of digitization; limits of sovereignty in the information domain; international legal regulators of data security; sustainable security mechanisms in the face of contemporary challenges and threats; impact of advanced information technologies such as artificial intelligence, big data, machine-sensible right to data security; personal data security; state control and liability for violation of information law, etc.

On the Results of the Scientific and Practical Conference «Issues of Protecting the Rights of Citizens Using Digital Technologies in Criminal Proceedings»

. The paper reports on the scientific and practical conference «Issues of Protecting the Rights of Citizens Using Digital Technologies in Criminal Proceedings», held on December 20, 2022 in a mixed format. The conference was organized by the office of the Commissioner for Human Rights in the Russian Federation and the Scientific and Educational Center for Human Rights of Kutafin Moscow State Law University (MSAL). The conference was devoted to topical issues related to the protection of the rights of citizens by means of digital technologies, access to justice, the possibilities of digitalization to overcome restrictions in the work of law enforcement agencies and the judiciary, generalization of the experience of foreign states and the Russian Federation in ensuring the rights of participants in criminal proceedings. The conference brought together a wide range of scientists and representatives of the legislative, executive, judicial authorities involved in the protection of the rights of citizens in the criminal procedure.

Through Dialogue with the Past to Finding the Future: Some Aspects of Gavriil V. Derzhavin’s Legacy for the Development of Modern Russian Jurisprudence

The paper provides an expanded version of the theses of the author’s report delivered at the scientific and educational conference «Your duty is to preserve the laws … " dedicated to the 280th anniversary of Gavriil Romanovich Derzhavin held at the Kutafin Moscow State Law University (MSAL) on July 5, 2023. The paper deals with the issues of understanding of law as the initial category of jurisprudence in Derzhavin’s ideological and creative semantic space and understanding of the Constitution, bearing in mind G. R. Derzhavin participation in the formation of the project-doctrinal origins of Russian constitutionalism. The author focuses on ideological and spiritual legacy of G. R. Derzhavin directly reflected in his state-political and literary-creative biography. The author, relying on the concept of constitutional dialogue with the past put forward by Derzhavin, reveals a comprehensive creative potential of Derzhavin’s philosophy of state-legal life for the formation of value-semantic, pedagogical and institutional foundations of a nationally oriented constitutional model of the development of sovereign Russian statehood in modern conditions.

О всероссийском координационном совещании руководителей диссертационных советов по праву и политологии

The article reports on the All-Russian Coordinating Meeting of the Heads of Dissertation Councils in Law and Political Science, which took place on April 25, 2023 at the Kutafin Moscow State Law University (MSAL). The issues of transition to a new model of state scientific certification, scientific examination of dissertation research, improvement of the activities of dissertation councils, current requirements for the forms of approbation of the results of scientific research, etc. are considered.

The Legal Innovation Theory and Legal Education

Law, being determined by social changes, undergoes significant changes. The scale of social transformation gives grounds to assume that a new taxonomy of law is being established. This includes changes in the legal profession, significant transformation of the demand of the state and industry in terms of the knowledge and competences of a modern lawyer. Accordingly, this increases responsibility of legal educational institutions and law faculties for training lawyers. The paper attempts to form an understanding of legal innovation and legal innovation theory, to highlight the subject matter and methodological areas of legal innovation formation. In particular, the legal innovation theory is defined by the author as an interdisciplinary field of knowledge about the processes of emergence, implementation and administration of innovations in jurisprudence. At the same time, the subject-legal component of the legal innovation theory lies at the level of legal understanding, where comprehension and rethinking of what is the law of the 21st century is taking place. In turn, legal innovation actually constitutes legitimization of social or scientific and technological innovation, incorporation of a new normative structure (institution) that qualitatively transforms regulation of emerging or predicted social relations into the field of law. The study of legal innovations, being a subject area of the legal innovation theory, involves conceptualization of knowledge about innovation process in law and its administration, as well as the study of the transformation of the law itself and the legal profession, since legal innovations create a demand for new knowledge and competences for lawyers. Based on the achievements of the theory of the pedagogical innovation theory, the paper outlines methodological approaches to building a new model of legal education in conjunction of the content component, new teaching methods, formats of the educational process, logistics of the educational process that influence the formation and implementation of legal innovations. Some approaches have been put into practice at Kutafin Moscow State Law University (MSAL) and their application can be extended.

AS AN ALTERNATIVE WAY TO PROTECT INHERITANCE RIGHTS IN NOTARY PRACTICE

The share of disputes related to inheritance rights is always present in judicial statistics. At the same time, the ever-increasing burden on the judicial system associated with an increase in the number of applications of citizens to the courts has led to a significant increase in the length of consideration of civil cases beyond the legal duration. This issue took a key place in the discussion of the participants of the All-Russian round table held on March 02, 2023 at the Kutafin Moscow State Law University (MSAL). The statement of the author of this article, like other speakers, was devoted to the application of mediation procedures in notarial practice, as an alternative way of protecting inheritance rights.

Review of the 10th International scientific and practical conference. Scientific publication of the international level 2022: from the present to the future

On the 26-29th April 2022 Kutafin Moscow State Law University (MSAL, Moscow) together with the Association of Science Editors and Publishers (ASEP), Moscow, Russia, organized and held the 10th anniversary International Scientific and Practical Conference “World Class Scientific Publication - 2022: from the present to the future” (ISPC “NIMU - 2022”). About 300 Russian and foreign experts gathered at one site: official representatives of the Ministry of Science and Higher Education of Russia, Russian Academy of Sciences, CrossRef, EASE, publishers, editors of Russian and international scientific publications, scientists and researchers from leading universities, including RUDN University. The result of a four-day discussion of topical issues of maintaining high quality and ratings of Russian journals on national and world platforms of the scientific and information space was the adoption of conference resolution.

Problems of development of local self-government in the works of Professor V. I. Fadeev (to the anniversary of the Department of Constitutional and Municipal Law of the Kutafin Moscow State Law University (MSAL))

This article analyzes some concepts of the science of municipal law, sets out their author’s vision, taking into account the ideas of the Russian scientist Professor Vladimir Ivanovich Fadeev. Recognizing the invaluable contribution of Professor V. I. Fadeev’s scientific views on the problems of the organization and functioning of municipal government in modern Russia, the legal nature and content of the competence of local self-government bodies, procedural support of the powers of municipal authorities and other subjects of local self-government are investigated.The author introduces the concept of municipal procedural activity into scientific circulation, the grounds for its separation from the structure of general municipal activity, formulates its purpose, defines its security role in the implementation of other types of municipal activities. According to the author, municipal procedural activity acts as an integral component of organizational, law-making, personnel, financial, law enforcement and other municipal activities.This activity is being updated in connection with the constitutional provisions of part 3 of Article 132 as amended in 2020 on the need for interaction of public authorities for the most effective solution of tasks in the interests of the population living in the relevant territory.

Family Business: Points and a Vector of Reference in Legal Regulation

The paper provides for statistical data characterizing family business in Russia and foreign countries. The author focuses on the role of family entrepreneurship for achieving national goals and implementing national interests. With reference to the approaches used in conducting sociological research and compiling ratings, emphasis is placed on the concepts of «family enterprise», «family entrepreneurship» and the conclusion is confirmed that it is necessary to consolidate the relevant definitions and criteria in legislation. Based on the opinion of experts, the author draws the readers’ attention to improving the efficiency of family companies named after their owners. The paper shows the importance of applied research and explains the state of the doctrine in the field of family business. The conclusion is made about legal research insufficiency in this area of public relations. The paper describes the results of the formation of the scientific school of family entrepreneurship in Kutafin Moscow State Law University (MSAL). The memorandum adopted by the professional community based on the results of the international conference has been published. The paper determines possible effects for the university, the industry, the region and society as a whole because of implementation of «Family Entrepreneurship» project

Development of Information Technology Support for Legal Activity (LegalTech) (review of the textbook “Information and technological support of legal activity (LegalTech)”)

The article presents the analysis and evaluation of a new innovative textbook “Information technology support of legal activity (LegalTech): textbook / under the general editorship of A. V. Minbaleev / of the Kutafin Moscow State Law University (MSAL) — Moscow: Prospect, 2022. 368 p.”, prepared by the staff of the Department of information law and digital technologies of the Kutafin Moscow State Law University (MSAL). The textbook reveals the essence and main directions of the development of LegalTech. The purpose is to identify the advantages and disadvantages of the reviewed work. It is noted that the textbook aims to develop digital innovations in professional legal activity and contribute to the formation of new knowledge in the field of LegalTech. It is concluded that the innovative nature of the textbook is also reflected in its structure, reflecting the synergy of legal activities and information technologies that have become an integral part of legal procedures in various industries.

Review of the monograph “Actual problems of law and economics in the perspective of interdisciplinary scientific research as a form of international cooperation”

The article is a review of the monograph “Actual problems of Law and Economics from the perspective of interdisciplinary scientific research as a form of international cooperation”, which was prepared for the IV International Legal Forum “Modern Problems of Law and Economics in Europe and Asia” on September 11—16, 2021, which was held at the Kutafin Moscow State Law University. The monograph is a comprehensive scientific work reflecting modern and current trends in the development of law and economics. Scientists from Europe and Asia took part in the work, the relevance of the scientific monograph is its interdisciplinary nature and the depth of comparative legal analysis. The book can be recommended to teachers, graduate students and law students, diplomatic workers and researchers, practicing lawyers and civil servants.