The coming year will be an anniversary for the Department of History of the State and Law of the VUZI — MLI — MSAL: on 27 August 2023 we will celebrated 70 years from the day when it was separated into a separate structural unit. The Department of History of the State and Law provides the standard of higher legal education, and a unified and well-coordinated team of its faculty is creatively involved in the multifaceted activities of the university. For example, active international and intra-national work of the department contributes to the involvement of well-known scholars and practitioners, state bodies and public organizations in the orbit of the scientific interests of the Kutafin University (MSAL), due to which a historical and legal scientific school has been formed on the basis of the department for 70 years. The history of the state and law has both theoretical and practical tools for understanding the world. Historical and legal studies cover complex issues of jurisprudence, reflecting a breakthrough in science and education, connecting the state, society, business structures, universities. On the eve of such a glorious anniversary, we will present a short narrative about the research activities of the department, its scientific heart — the historical and legal scientific school.

Modernity and the future are inextricably linked with the past. Objectively, the one who forgets history and has not learned the «lessons of the past» loses the sense of the present and cannot look into the future. Without pretending to state the truth in the last instance, it is necessary to briefly describe the nature and origins of the two world wars in Europe, which, we believe, will make it possible to understand the military threats of the present and future. The article examines the issues of the historical development of the states of the European continent as the most vulnerable countries in terms of threats of unleashing wars here. The author draws parallels between the First and Second World Wars in Europe and, analyzing their causes, expresses concerns about current trends taking place today: these are contradictory trends in international relations in the post-bipolar world and military threats through the prism of political, economic, and social aspects of anti-Russian policy. A number of European states (the Baltic States, Poland, Ukraine, Georgia) are used by the United States as potential irritants and possible executors of their aggressive plans against Russia. Other European countries, taking a neutral or active inflammatory position, based on historical experience, risk being drawn into another world war.

The article examines the influence of institutional factors on Russia’s implementation of its role in ensuring collective security in the conditions of two world wars. At the same time, the author emphasizes the importance of historical continuity to the best traditions of international cooperation in the formation and legal consolidation of collective security norms as an institutional basis for future development. Based on the method of historical analogy, it is concluded that it is necessary to consider historical values as an institutional basis for the implementation of the Russian Federation’s role in the formation of a modern model of collective security, defining new contours of the world order, taking into account the existing multipolarity. The uniqueness of Russia’s geostrategic position historically determines its role as the most important guarantor of the collective security of the countries of Europe and Asia in the conditions of the new reality of interaction and confrontation between states that differ according to the chosen models of development. However, the danger of the revival of the model of the dominance of Anglo-Saxon influence on the processes of international interaction in the realization of each country’s national interests is of particular concern, from the point of view of an attempt to revise the results of the Second World War. Proceeding from this thesis, the author points out the need to consolidate the institutional factors that determine, first of all, the historically determined inviolability of the results of the Second World War as a legal norm in the system of ensuring modern Russia guarantees of its national security. Particular attention is paid to the implementation of a number of conceptual provisions of the new edition of the National Security Strategy of the Russian Federation, defining not only new challenges, but also additional opportunities for Russia to realize its role in the system of ensuring collective security.

During the Second World War, the Communist Party of the Soviet Union led the struggle of the masses against the fascist aggressors. Due to the circumstances, the political interests of the ruling elite of the USSR coincided with the national priorities of Soviet society. The leaders of the Communist movement at various stages of the military confrontation with Hitler’s Germany actively lobbied for the achievement of the most important goals and objectives in order to preserve their political position in society and, at the same time, defeat the countries of the Nazi camp during the bloody war. To lobby for their political interests, the leaders of the Soviet state, at the same time being the leaders of the Communist Party, skillfully used their leading positions in society, emphasizing at any convenient moment that it is the influence of the ideas of socialism and communism on the struggle of the broad masses against the fascist invaders that plays a largely decisive role. The leaders of the Communist Party managed to conclude international agreements with the leading countries of the anti-Hitler coalition, within the framework of which the national interests of the Soviet state were clearly spelled out at that time. The leaders of the communist political structures needed to strengthen their influence on the masses during the long fierce war in order to maintain their dominance in society in the post-war period of the USSR. In fact, the leaders of the Soviet state, representing the communist elite, successfully implemented the achievement of this goal. Taking into account all the circumstances of a national-political nature peculiar to that period of the country’s history, the lobbying activities of communist leaders objectively contributed to the unity of the Soviet people in the fight against fascist aggressors. The leaders of the party and the state have achieved significant political results in combining purely party priorities with those interests that objectively corresponded to solving the tasks of preserving the statehood of the country.

The article states that due to its location, the history of Russia is closely connected with the East and the West, trade routes were laid through it, various agreements were concluded with it, and alliances were formed. Moreover, any political interaction between two different states contributes to the development of law in both. Legal systems have been formed in the world, with their own practical approach to various branches of law. Progress does not stand still: new laws appear in response to new technologies. It is necessary that each country has experts who are able to work with the law of other countries, and most importantly, interpret their own legislation. For the development of such skills, it is important to understand cause-and-effect relationships, and you cannot cope with this without turning to history. This explains the relevance of historical and legal analysis of the stages of domestic legal borrowing, its features and directions, as well as historical events that influenced the chosen course towards Western countries. The chronological framework of the article covers the period of 9th–17th centuries. The lower chronological boundary is mediated by the beginning of Russian law, the upper one is the formation of absolutism in Russia, before the great Western modernization of Peter the Great. The study of the development of the Rurikovich law makes it possible to understand at what point in history Russian law makes a bias in favor of the Western model and the reasons for this change.

By the beginning of the 19th century. there were enough major events both in Russia and in the world as a whole. By that time, King Louis XVI had been executed in France, and the regime existing in the state was constrained by the revolution. England, Austria, Holland, Spain, and Prussia opposed the republic in the state, interested in suppressing new state and law ideas and preserving existing regimes and structures of government. And for the Russian Empire, the beginning of the 19th century is characterized by a fairly active discussion and formation of projects for the modernization of the state system. Many projects are being considered. But it was M. M. Speransky who for the first time created a transformation plan aimed at limiting the power of the emperor. Thus, with regard to the state, M. M. Speransky assumed the implementation of the principle of separation of powers exclusively according to the letter of the law and in accordance with the constitution adopted with the help of the people. In accordance with the views of the statesman that, in fact, are similar to the thoughts of the liberals of Europe, any state transformations should not have hindered the expression of free will and the protection of individual rights. It is his project «Introduction to the Code of State Laws» that will receive partial implementation within the framework of the absolutist feudal Russian Empire and will be able to reflect the political views of M. M. Speransky himself most widely. The general provisions’ analysis of his proposed modernization in the project «Introduction to the Code of State Laws» allows us to show in general all the work of M. M. Speransky carried out as a Russian reformer.

Due to the increased interest in corporate law and the corporate governance system, both the legislator and business entities have a question about a more detailed study of corporate regulatory norms. The emerging trend calls for the analysis of the institute of corporate law and its legal structures. The historical context of studying such a young branch allows us to reveal in more detail the path of development of collective entrepreneurial activity in Russia, its characteristic elements and features. The article examines the historical features of interaction and interpenetration of corporate law and the Russian economy. The analysis of normative acts is given. The authors examine some aspects regarding the definition of the types of organizational and legal forms of legal entities that existed in different historical periods, as well as their classification as of the present moment. The authors raise questions about the relevance of various forms of corporate associations, including those that have outlived their usefulness due to the current unpopularity. The paper analyzes the current state of the corporate legal institute of Russia and the prospects for its development based on the special path of its formation. The authors made conclusions with regard to various norms and constructions contained in corporate law. Many of the changes have been made that produce the reception of foreign law are also worth of criticism, and this does not always correlate with the already established practice of market relations in Russia. Attention is focused on the fact that historical experience shows that it is taking into account the established corporate tradition that will allow us to develop new trends in improving corporate legislation and the practice of its application, and an analytical assessment of the planned prospects will help avoid possible mistakes.

The article deals with the problem of cardinal renewal of all spheres of society from the economy to the state system, which the Russian Empire kept facing at the turn of the century. In the conditions of increasing social tension associated with the modification of economic forms, domestic policy was still built on the basis of a great power, headed by the anointed of God. Capitalist foundations were born in the vast expanses of the empire, oriented by feudal remnants and the best traditions of conservatism. Management in the field of a dramatic revival of commodity-money relations had to be taken into his own hands by S. Y. Witte. Thus, on the thorny path to bourgeois constitutionalism, the reign of the last monarch of the Romanov dynasty, full of concessionary maneuvering, plays a huge role. It seems that the origins of the revolutionary situation in 1905 can be seen long before the January events. After a series of assassinations, Emperor Alexander II clearly realizes that in the name of saving the autocracy, it is necessary to limit it. The crowned peacemaker who replaced him, who actually «froze» the empire, which did not have time to overcome the reactionary fear of the transformation of feudalism properly, taught a historical lesson: it is dangerous to start reforms in Russia, but it is even more dangerous to stop them. Would 1905 have turned out to be a reality if the Russian chronicle had not included the political course of Emperor Alexander III or the extreme views of K. P. Pobedonostsev? But the history does not admit the subjunctive mood. The study of the scholarship reveals the relevance of the aspects touched upon by the legislator of the First Russian Revolution. These include proper registration of the legal status of subjects and established government institutions. The naming of one of them is familiar today: the State Duma, as the basis of popular representation and a bicameral parliament, seems to be a merit of the transformation of the political and legal system of that time. The following question gets resolved. What combined factors allowed Nicholas II to put an autocratic signature on an epoch-making document on October 17, 1905?

The article attempts to analyze and revise existing approaches and assessments in the current civil law of the Russian Federation of such categories of civil liability as loss, real damage, lost profits, harm (including moral), their interrelation with each other and the interdependence of their application in case of breach of obligations or the occurrence of tort liability. The author puts forward a non-standard point of view not only on the concept of loss, questioning the integrity and completeness of the formulation of this concept, but also offers a different view on the interpretation and interrelation of concepts related to the measures of responsibility applied by civil law. Conclusions are drawn about the need for legal science to distinguish the concepts under consideration on the basis of objectivity of perception into objective (absolute) and subjective (relative or individual). It is proposed to consider the possibility of introducing new concepts into civil law that unify the types of violations of law that differ in content. In addition, the author raises the issue of the need for strict compliance by the court with a reasonable balance of interests of both the creditor (victim) and the debtor (harm-doer), preventing the occurrence of abuse of law and unfair behavior of all participants in civil law relations. The paper analyzes possibilities for violation by the creditor (victim) of the principle of proportionality of liability (recovery) to the amount of the actual violation of creditor’s right. In the development of the hypothesis based on the analysis of judicial practice, the author gives theoretical recommendations aimed at judicial protection of the violated rights of the creditor (victim) associated with non-fulfillment or improper fulfillment of obligations by the debtor or the occurrence of tort liability of the harm-doer.

The article highlights the main problems associated with changing the general procedure for the consideration of criminal cases, describes qualitatively useful results that can be achieved by expanding the competence of the Intellectual Property Rights Court in the course of cassation proceedings. The author considers the criminal procedural aspect of the need to change the norms of the cassation instance in criminal cases related to intellectual property. Such an approach can serve as the beginning of an active consideration of the need to change the norms of the Code of Criminal Procedure of the Russian Federation. The author suggests the main directions for implementation in the work on changing the cassation procedure for appealing decisions of courts of general jurisdiction that have entered into force in criminal cases related to copyright and intellectual property law. The actualization of this issue contributes today to a multiple increase in intellectual flows in the criminal legal space of modern domestic justice. The problem of the cassation procedure for appealing decisions of courts of general jurisdiction that have entered into force on specific categories of criminal cases is new for historical and legal courses, since the idea of reforming by changing the norms of the Code of Criminal Procedure of the Russian Federation is caused on the basis of analogy with the norms of arbitration proceedings and the Intellectual Property Court formation. The scientific basis for all these amendments is the normative regulation of legal relations of subjects directly related to intellectual and creative activity. The question is raised about the organization on the basis of the Intellectual Property Rights Court, within the cassation instance, of a collegial composition of judges considering criminal cases within the framework of checking the legality of decisions (sentences, definitions) of courts of general jurisdiction that have entered into force according to the provisions of the Criminal Procedure Code of the Russian Federation.

The Order of Intestate Succession in the Uzbek Khanates The article examines the system of succession in the Uzbek khanates in the 16th-19th centuries. The author explains the principles of Muslim law in the field of inheritance relations, determines the circle of persons called to inherit, describes the order and sequence of intestate succession and categories of heirs (Faradites and Asabites) established by Sharia norms. The paper explains the procedure for inheritance opening, the procedure for determining and accounting for the hereditary mass, and the division of inherited property. The role of the kazia (notary judge) and the staff of the kazihana involved in the procedure of allocating the shares of each heir and drawing up a single tariq-khati document for all heirs (act of division of estate]. The paper examines the procedure for establishing guardianship (mutavalli) over minor heirs. The circle of persons appointed by the guardians and the require- ments imposed on them are determined. The procedure for coordinating the guardian appointed by the kazi with the aksakal and mullah of the area of the estate or residence of the person under guardianship. There are cases when it is possible to appoint two or more guardians. The paper describes the procedure for controlling disposal of the property of the person under guardianship and the procedure for termination of guardianship.

The paper analyzes the theory of unconditional basic income. Three main types of models existing in the theory are identified: income based on budget, natural resource rent and insurance. The paper examines the features and problems of applying basic income in practice through the analysis of a social experiment conducted in Finland and positive and negative features of such social reforms, the impact of the process on the fight against bureaucracy. The shortcomings of budgetary and rent systems are considered in more detail. The author analyzes exceptional advantages of the insurance type of unconditional basic income, as well as the main areas of criticism of the concept in Russia — a weak level of economic development, indulgence of dependency and weak experience of positive practices. The paper explains the shortcomings in the frequent arguments against the concept of unconditional basic income. The theory is applicable in practice and is able to achieve its goals without causing negative consequences in the form of social division, dependency or excessive economic burden. The author analyzes the possibilities of the state to influence the process of social reform, which makes it possible to stretch it over time, moving on to the gradual development of the concept in our country. The problems of implementing unconditional basic income in Russia have been identified, as a result of which it is proposed to start the reform with small tariffs and, accordingly, with small amounts of payments. Assumptions are made about the content of the Federal Law «On Unconditional Basic Income» that could regulate these relations. The author convinces of the self-sufficiency of the concept of unconditional basic income, revealing the advantages of the insurance type of basic income. Taking into account social inequality, the reform should begin with a small tariff of 10% of an individual’s income and corresponding monthly payments of 4,000 rubles per person.

The UN World Climate Summit, held in Glasgow (Scotland) in the period from October 31 to November 12, 2021, intensified the discussion of the climate agenda to the limit both in scientific, economic, political, expert communities and in the media. The results of the summit turned out to be far from planned and expected. It was possible to reach a consensus on the «fossil fuel» (coal) and the need not only to reduce its production and use, but also to stop within 10–20 years, on the role of forests in carbon uptake, limiting methane emissions. In general, all countries were united in the fact that the climate threat exists and urgent measures are needed to eliminate it and «decarbonization», «energy transition», «carbon neutrality», «green energy». The article discusses the current problems of the climate component of the environmental and economic policy of the European Union, their impact on ensuring national security and national economic interests of the Russian Federation. It is shown that today the issues of global climate change are considered in the context of common problems of world politics, as shown by the UN World Climate Summit held in Glasgow. The authors conclude that gradually, in foreign practice, the issues of global warming are becoming not only an instrument for ensuring environmental safety, but also a convenient mechanism for solving economic problems.

In the article, the author examines the process of termination of the membership of the Russian Federation in the Council of Europe, as well as Russia’s withdrawal from the Convention on the Protection of Human Rights and Fundamental Freedoms. The author examines the possibility of subsequent consideration of complaints by the European Court of Human Rights directed against the Russian state, as well as the prospects for the enforcement of the decisions of the European Court of Human Rights in case of inconsistency between the Russian constitutional and European-convention legal orders. The author proposes a criterion that ensures objectivity in determining the «constitutionality» and «unconstitutionality» of decisions of interstate bodies — the integrity of each of the judges of the Constitutional Court of the Russian Federation, their subordination in their activities only to the Constitution of the Russian Federation. The author cites the legal compromise as a mechanism that most fully reflects the provisions of the constitutional norms of Russia and the convention norms of the Council of Europe. On the example of the Anchugov v. Gladkov case, mutual steps were shown both on the part of Russia and the Committee of Ministers of the Council of Europe in the execution of the decision rendered by the European Court. However, the termination of Russia’s membership in the Council of Europe deprived the parties of the opportunity to reach any compromise solutions.

In the author’s view, in the absence of a dispute about the contradiction of the decision to constitutional norms, it should be executed.

In the final part of the work, conclusions are drawn about the role of the European Court of Human Rights in the Russian Federation and the effectiveness of its work to protect human rights and freedoms. An assessment is given of the consequences of the termination of the EC jurisdiction for the legal system of the Russian Federation, as well as alternative international human rights mechanisms in the UN system.

The article presents the author’s position on the legalization of parallel imports in the Russian Federation. In this regard, the issues of legalization of parallel imports have become relevant again after the introduction of economic sanctions against the Russian Federation, as a result of which many foreign companies have decided to leave the domestic commodity market. The article examines legislative amendments regarding the exhaustion of the exclusive right, namely the Federal Law «On Amendments to Certain Legislative Acts of the Russian Federation.» The author cites the facts of objective reality, which served as an impetus for the adoption of certain regulatory legal acts. The author demonstrates the approaches of supporters and opponents of parallel import. The main opponent of this mechanism is the lack of a system for controlling the origin and quality of imported goods, which in turn will lead to an increase in counterfeit goods. At the same time, the elimination of the commodity deficit is called as an argument for the introduction of parallel imports. Separately, the question of the expediency of extending the norms regulating parallel importation on medicines, since the end user does not have the opportunity to check the entire supply chain and make sure that the technology of transportation and storage of certain medicines is observed, respectively, there is a real threat to human life and health, as well as a threat to the national security of the Russian Federation. The analysis of the law enforcement practice of the Constitutional Court of the Russian Federation regarding the exhaustion of the exclusive right is made, and it is concluded that in each particular case, the public interest should have priority in cases.