Kutafin Moscow State Law University Research Articles

Многонациональный народ в конституционно-правовой системе власти России

Associate Professor of the Department of Constitutional and Municipal Law of the Kutafin Moscow State Law University (MSAL) Leading Research Scientist of the Department of Theory of State and Law, Constitutional and Administrative Law of the South Ural State University (National Research University) PhD (Law),Associate Professor

Preface

We are pleased to introduce the Proceedings of the II conference Personnel training and legal support for the implementation of research projects of the MegaScience class (June 25, 2020) organized by National Research Nuclear University MEPhI (Moscow Engineering Physics Institute) and the Kutafin Moscow State Law University (MSAL).The purpose of the conference is to discuss issues of personnel training and legal regulations of the implementation of research projects of the “MegaScience” class. The conference participants presented both positive and negative experience in the implementation of scientific projects of the “MegaScience” class, their current status, problems of their legal regulation, as well as problems of international scientific cooperation. The participants also proposed ideas for improving the regulations of the organization of these projects.Due to the current restrictions caused by the coronavirus infection COVID-19, the conference was held online with the help of video communication systems.The received papers were reviewed according to the standards of the Journal of Physics: Conference Series and to the scientific criteria developed by organizers. This volume of journal includes 25 papers devoted to various aspects of cooperation in the field of “MegaScience” class projects. The organizing committee is very grateful to the:• Ministry of Science and Higher Education of the Russian Federation, National Research Center «Kurchatov Institute», ROSATOM, Russian Foundation for Basic Research• Participants of the conference for their valuable contribution with the delivered presentations and interesting papers• Conference program committee co-chairman: Strikhanov M.N., rector of National Research Nuclear University MEPhI, and Blazheev V.V., rector of the Kutafin Moscow State Law University• Personnel of Journal of Physics for the support and communicationThis volume of the Journal of Physics: Conference Series was issued with the financial support provided by the Russian Foundation for Basic Research (grant. 18-29-15036 mk «Models of legal regulations of unique scientific facilities of “MegaScience” class at the national and international levels in the context of technological development of the Russian Federation»).Editors: Anatoly Petrukhin (MEPhI), Daria Moshkova (MSAL), Dmitry Lozovskij (MEPhI).

Megascience projects in modern nuclear physics and personnel training

Modern nuclear physics is impossible without the implementation of projects of the megascience class, for the creation of which the efforts of many organizations and countries are consolidated. The level and complexity of experiments carried out with the use of such facilities is provided by scientific researchers with a wide range of competencies. The education of such researchers is an important task for scientific and educational organizations. These issues were discussed at the 2nd conference “Personnel training and legal support for the implementation of scientific projects of the Mega-science class” organized by National Research Nuclear University MEPhI and Kutafin Moscow State Law University on June 25, 2020. The aim of the Conference was to discuss the policy management issues of implementation of the Mega-science class research projects.

Igor A. Isaev’s Metaphysics of Power and Law. On Scholar’s Anniversary

The paper deals with the events devoted to the anniversary of an outstanding Russian historian of law, Prof. Igor A. Isayev. On June 11, 2020, our colleague, prominent historian of law, Doctor of Legal Sciences, Professor, Honoured Worker of Science of the Russian Federation Igor A. Isaev turns 75 years old. In addition, for 30 years Prof. Isayev has been the Head of the Department of History of the State and Law, first, at All- Russian Law Correspondence Institute that was later renamed into Kutafin Moscow State Academy of Law (MSAL) and, later, Kutafin Moscow State Law University (MSAL). Since the late 1980s, our University has taken a leading place in the field of legal education, which became possible due to its scholarly potential: the involvement of the most gifted and professional scholars, professors and educators who create and maintain an academic tradition, introduce innovations. Igor A. Isayev has become one of the leaders of the team that has achieved this success and earned credibility in the legal world is. The paper presents his views. In particular, the paper highlights that in his research Igor A. Isaev addresses the fields of history of the State and law, legal ideology, legal culture and legal symbolism, history of political and legal doctrines, and the philosophy of law. Igor Isaev’s life history represents the way of a real scholar, the milestones of his life are represented by written works, numerous pupils and the life of the faculty of the Department of History of the State and Law, the formation of which is impossible without creating an atmosphere of academic freedom, professional solidarity and mutual support.

In memoriam of Viktor I. Rokhlin, Scholar and Tutor

In the anniversary year of the Great Victory of our people in the Great Patriotic War, I would like to commemorate one of the participants in this war, a person, who found strength and showed the will not only to live after a severe wound, but also to achieve tremendous success when working in the prosecution, later in the science of prosecutorial supervision. The paper is dedicated to the memory of Doctor of Law, Professor, Honorary Worker of the Prosecutor’s Office, Member of the International Academy of Ecology and Life Safety Sciences, Honorary Professor of St. Petersburg University of the State Fire Service of the Ministry of Emergencies of Russia Viktor Ivanovich Rokhlin. The paper presents the memories of Professor V.I. Rokhlin’s students and colleagues: Dr. Sci. (Law), Professor T. I. Otcheskaya, Head of the Department of Court, Prosecutorial and Investigative Activities of Kutafin Moscow State Law University (MSAL); Cand. Sci. (Law) T.G. Voevodina, Associate Professor of the Department of Court, Prosecutorial and Investigative Activities of Kutafin Moscow State Law University (MSAL); A.A. Koloskov, Judge of the highest qualification, Honorary Worker of the judicial system, Honored Lawyer of the Russian Federation; Dr. Sci. (Law), Professor B.B. Cossack, Head of the Department of Human Rights, Law Enforcement, Criminal Law and Procedure of Pskov State University and others.

Scientific and Educational Concepts of Modern Constitutional Law

The paper is a review of the scientific positions of known contemporary jurists — theoreticians of law and constitutionalists who address the current approaches to the subject of constitutional law, the content of the scientific field and teaching materials, the teaching of the discipline in higher education. The discussion took place alongside with the release of a new textbook by Professor B.S. Ebzeev "Constitutional Law of Russia"(Moscow: Prospect Publ., 2019. 768 p.). That happened to be an event in science that generated discussion about the subject of the constitutional law, the ways of providing information in the academic literature, the nature and content of the university discipline "Constitutional law", new approaches to the basic institutions of constitutional law, their theoretical and historical origins. The presentation of the mentioned book took place on May 27, 2019 as part of the scientific activities of Kutafin Moscow State Law University (MSAL), i.e. the round table "Constitutional Law of Russia: Scientific and Educational Concepts". According to the author, such events that combine discussion of relevant scientific issues and the presentation of new relevant scientific works contribute to the generation of new ideas in science, practice and teaching, development of optimal ways of development of Russian science and education.

Research projects of the Mega-science class in Nuclear University

Fundamental research in the field of high energy physics and nuclear physics is carried out at large international experiments with the joint participation of scientific organizations and research universities. This article discusses the features of the participation of a nuclear university in international research projects of the Mega-science class by the example of the National Research Nuclear University MEPhI. MEPhI is actively involved in the development, operation, and modernization of research projects of the Mega-science class, such as LHC, FAIR, NICA, RHIC, ITER, NEVOD. Participation in these megaprojects gives MEPhI an opportunity to gain unique new knowledge for the development of nuclear technologies and nuclear energy, to increase prestige and to gain access to modern high technologies. These issues were discussed at a conference “Personnel training and legal support for the implementation of scientific projects of the Mega-science class” organized by National Research Nuclear University MEPhI and Kutafin Moscow State Law University on June 20-21, 2019. The aim of the Conference is to discuss the policy management issues of implementation of the Mega-science class research projects.

Preface

We are pleased to introduce the Proceedings of the conference Personnel training and legal support for the implementation of research projects of the MegaScience class (June 20-21, 2019) organized by National Research Nuclear University MEPhI (Moscow Engineering Physics Institute) and the Kutafin Moscow State Law University (MSAL).The conference was attended by scientists conducting research on unique scientific facilities of the mega-science class. Participants of the conference presented both positive and negative experience in implementing scientific projects of the megascience class, made proposals on optimal organization of these projects. The problems of legal regulation of creation and functioning of unique scientific facilities of the megascience class, as well as the problems of international scientific cooperation were identified.The received papers were reviewed according to the standards of the Journal of Physics: Conference Series and to scientific criteria developed by organizers. This volume of journal includes 21 papers devoted to various aspects of cooperation in the field of megascience class projects.List of Conference Photograph are available in the pdf.

The Significance of Professor Elena Rossinskaya’s Scientific School of Forensic Expertology for the Development of Forensic Science (in Celebration of the Scientist’s Milestone Birthday)

The article is devoted to the contribution review of forensic expertology scientific school created at the Department of Forensic Expertise of Kutafin Moscow State Law University (MSAL) under the leadership of professor E.R. Rossinskaya to the improvement of quality and efficiency of forensic activities. A brief biographical note is given which reflects the main milestones of the formation of the famous scientist and teacher, leader of the national forensic science and forensic expertise. The author concludes that the national scientific school of forensic expertology has received international recognition and world sounding largely due to the personal qualities of its leader – professor E.R. Rossinskaya, who is celebrating her milestone birthday this year.

Conversation with professor A.A. Guseynov

The paper is a conversation between the scientific adviser of the Institute of Philosophy of the Russian Academy of Sciences, academician of the Russian Academy of Sciences, Doctor of Philosophy, Professor Abdusalam Abdulkerimovich Guseynov and the activists of the philosophical and legal club “Moral Dimension of Law” headed by its scientific adviser — Doctor of Philosophy, Professor Vyacheslav Mikhailovich Artemov (Department of Philosophy and Sociology of the Kutafin Moscow State Law University (MSAL)).

Legal Relations: General Theoretical and Sectoral Aspects (methodological seminar review)

On October 29, 2018 the Kutafin Moscow State Law University (MSAL) held a methodological seminar, the reason for which was the publication of the monograph written by Doctor of Law, Professor Petr Pavlovich Serkov «Legal Relations. Theory and Practice of Modern Legal Regulation». Many famous scientists, practitioners, whose reports were devoted to the problems of the theory of legal relations, attended the seminar. They subjected the judgments and conclusions of the author to a detailed and sometimes critical analysis. The review contains almost all the reports of all the participants of the seminar

Expert Site «Legal Problems of Housing Renovation» (28 November 2017, as part of the XIII Annual Scientific and Practical Conference «Kutafin Readings» at the Kutafin Moscow State Law University (MSAL) and the XVIII International Scientific and Practical Conference of the Faculty of Law of the Lomonosov Moscow State University): Overview of the Event

Expert Site «Legal Problems of Housing Renovation» (28 November 2017, as part of the XIII Annual Scientific and Practical Conference «Kutafin Readings» at the Kutafin Moscow State Law University (MSAL) and the XVIII International Scientific and Practical Conference of the Faculty of Law of the Lomonosov Moscow State University): Overview of the Event

МЕЖВУЗОВСКАЯ ОЛИМПИАДА ПО АНГЛИЙСКОМУ ЯЗЫКУ КАК ПРИМЕР МЕЖУНИВЕРСИТЕТСКОГО СОТРУДНИЧЕСТВА В ОРГАНИЗАЦИОННОЙ СФЕРЕ

The article examines the problem of interuniversity cooperation. The attempt of the Siberian Federal University and the Orenburg Institute (Branch) of the Kutafin Moscow State Law University on the joint organization and holding of interuniversity students’ Olympiad of English with the use of distance educational technologies on the Moodle platform and the Mind video conferencing service is presented.

Fundamental Principles of Professional Ethics in Forensic Expert Activity

The article considers one of the fundamental questions of professional ethics of subjects of the forensic-expert activity in the Russian Federation, namely: directions of improvement for the basic ethical foundations (principles) of expert activity. In the course of the analysis of the legislation regulating forensic activity, principles are identified that in the author's opinion are of moral and ethical nature, namely: the principles of objectivity and independence. This article was prepared within the framework of the International Scientific and Practical Conference "The Moral Dimension and the Human Potential of Law" held on 21-22, April 26, 2017 at the Kutafin Moscow State Law University (MSAL) in connection with the 15th anniversary of the Philosophical and Law Club "The Moral Dimension of Law". Moreover, it is additionally proposed to dwell on such ethical foundations and principles as confidentiality, impartiality, integrity, organization, competence, integrity, honesty that are not cons olidated in regulatory legal acts, but are no less significant for the subjects of forensic expert activity. The conclusion concerning the importance of such principles is made on the basis of the study of already existing codes of ethics, in particular, the Code of Judicial Ethics, the Code of Professional Ethics of Advocates, and on the basis of the provisions of forensic expertology and the needs of expert practice. As a form of consolidation of these principles, a draft code of professional expert ethics is proposed. The idea of creating an ethical code is supported by many researchers, but the mechanism for developing its draft is practically absent, since this process is very laborious, requiring special care and consistency.

Commercial Law: New Real-Life Challenges

The Paper focuses on the results of the XIV International Scientific and Practical Conference Modern Problems of Commercial Law of Russia held on October 27, 2017 at the Kutafin Moscow State Law University (MSAL). It develops the theses presented by the Conference speakers. The authors reveal the main problems that the science, legislation and jurisprudence are facing now. Attention is drawn to the concept of teaching commercial (trade) law in leading law universities in Russia.

Morality and Law: Reality and Prospects of Interaction

The article provides an analytical review of the International Scientific and Practical Conference "Morality and Law: Reality and Prospects for Interaction" held on 20-23 April, 2018, at the Kutafin Moscow State Law University (MSAL). The Conference was prepared and held under the auspices of the Department of Philosophical and Socio-Economic Disciplines of the Kutafin University (MSAL) by the Philosophical and Legal Club "The Moral Dimension of Law" guided by Doctor of Philosophy, Professor Vyacheslav M .Artemov. The given context and the purpose of such scientific and educational events demonstrate its specificity and role in understanding the problem of interaction between morality and law, implementation of the strategy of ethics of the latter.

Science initiatives for university libraries’ interaction

The year activities of O. Kutafin Moscow State Law University Library are reviewed in brief. These science initiatives correspond to the current problems of university libraries, i. e. building and developing information and library resources to support education and research, legal regulation of digital resources acquisition, improving marketing and project activities of university libraries. Many heads of Russian and foreign public and university libraries, producers and providers of digital resources, and publishers took part in these activities. Video conference system enables to expand these professional initiatives to many libraries in Russian regions and the near abroad states. In particular, in 2017, the Library of the State Management University and Yeltsin Presidential Library held the joint conference "Legal issues and managerial marketing of library activities in the changing university environment".

The Reform of Family Law: the Concept and Development

On February 27 2017 the International Scientific and Practical Conference Reform of Family Law: Concept and Development was held at the Kutafin Moscow State Law University (MSAL). Conference was organized by the Department of Civil Law of the Kutafin Moscow State Law University (MSAL) under the joint information support of the Prospekt Publishing House, The Judge Journal and ATP KonsultantPlus. Representatives of the scientific community, legislature, judiciary and the Bar participated in the event. presentations of some speakers were held in the videoconference mode. During the Conference, the participants discussed the main approaches, first results and ways of the further reform of family law of the Russian Federation. article provides a brief overview of the presentations made by the Conference participants and recommendations put forward regarding the issues under discussion.

Review of the All-Russian Scientific and Practical Forum “Representation in Substantive and Procedural Law: Problems and Prospects of Development” (22–23 April, Kutafin Moscow State Law University (MSAL))

This article presents the main aspects of the activities and statements of the All-Russian Scientific and Practical Forum of Young Scientists "Representation in Substantive and Procedural Law: Problems and Perspectives of Development ", held on 22-23 April, 2017 at the Kutafin Moscow State Law University (MSAL). The authors also present a summary of the content areas of the participants' reports. The Scientific Forum was based on the main results of the reform of the substantive and procedural law of the Russian Federation in the light of new course of development of the Russian economy, the latest trends in legal science and practice. The authors also take into account the court practice, which includes new approaches to the interpretation of contemporary Russian law of representation. In this regard, of particular importance to the participants were the acts of the Supreme Court of the Russian Federation. For example, the resolution of the Plenum of the Supreme Court of the Russian Federation No.7 of March 24, 2016 "The Application by the Courts of Certain Provisions of the Civil Code of the Russian Federation on Liability for Violation of Obligations"; the resolution of the Plenum of the Supreme Court of the Russian Federation No. 54 of November 22, 2016 "The Application of the General Provisions of the Civil Code of the Russian Federation on the Liabilities and their Performance". At the Conference, the participants and moderators presented and analyzed the main trends of modern legal science in the field of theoretical and practical problems of representation in light of legal reform.

Constitutional Law as the Basis for Advanced Interdisciplinary Studies

At the present stage of development of constitutional law, interdisciplinary research is becoming one of the most promising areas of academic and scientific work. The Department of Constitutional and Municipal Law included into the structure of the Kutafin Moscow State Law University (MSAL) successfully develops such new directions of interdisciplinary research as constitutional foundations of energy law. As the part of this work the Department of Constitutional and Municipal Law has elaborated a curriculum and tutorials, it is scheduled to defend the dissertation for the scientific degree of PhD. The author summarizes the experience of personal participation of lecturers in scientific and educational activities in collaboration with the Department of Energy Law at the Kutafin Moscow State Law University (MSAL).