2024-03-29T13:17:11Z
https://www.bricslawjournal.com/jour/oai
oai:oai.bricslawjournal.elpub.ru:article/561
2022-11-24T06:13:59Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/561
2022-11-24T06:13:59Z
BRICS Law Journal
Vol 8, No 4 (2021); 4-30
BRICS Development Strategy – Priority Areas of Cooperation for Gaining a Foothold in a Multipolar World Order
Array, Array Array; Lomonosov Moscow State University
2021-12-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/561
BRICS; development; strategy; multipolar; world order; economy; policy; expansion; institutionalization; digitalization; security; health; environment
en
The international world order has been changing rapidly since the turn of the twenty-first century. BRICS, as an economic association, that unites five countries, each of which is the leading state in its own region, is faced with a variety of modern-day challenges. The article examines the most important issues for BRICS, as well as the outcomes and potential future directions for deepening cooperation among the BRICS member states and in more extended formats. The main purpose of the article is to identify major trends and factors that influence the formation of the BRICS agenda and the future direction of development. Other important tasks that could be mentioned are determining the reasons for the intensification of political cooperation, obstacles and opportunities for BRICS institutionalization as an international organization and potential expansion. To become a stable international institution, BRICS needs to devise an effective strategy of development that includes key areas such as the economy, investment cooperation, digitalization, security, ecology, and the environment. The creation and strengthening of external relations of BRICS with leading developing countries and international organizations, as well as cooperation on the basis of equality, complementarity, and mutual benefit in the economic, scientific, and technical fields, taking into account the significant resource base of BRICS countries, the largest labor resources, capacious domestic markets, goals of economic modernization and high technologies, as well as food and energy safety will provide BRICS with the opportunity to form an effective development strategy to gain a foothold in the multipolar world order.
oai:oai.bricslawjournal.elpub.ru:article/763
2023-04-19T19:25:01Z
jour:art
driver
v2
https://www.bricslawjournal.com/jour/article/view/763
2023-04-19T19:25:01Z
BRICS Law Journal
Vol 10, No 1 (2023); 5-6
Guest Editors’ Note on Law and Digital Technologies: The Way Forward
Array, Array Array; South Ural State University (National Research University)
Array, Array Array; South Ural State University (National Research University)
2023-04-19 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/763
en
.
oai:oai.bricslawjournal.elpub.ru:article/260
2019-10-10T14:54:34Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/260
2019-10-10T14:54:34Z
BRICS Law Journal
Vol 6, No 3 (2019); 128-161
The Russian Constitution of 1993 and the Constitutionalization of Federal Legislation: Data Analysis
Array, Array Array; Institute of Socio-Political Research of the Russian Academy of Sciences
Array, Array Array; Institute of Socio-Political Research of the Russian Academy of Sciences
2019-09-14 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/260
constitution; Russia; legal statistics; legal policy; legal stability; adaptive governance
en
The Constitution of the Russian Federation of 1993 provided the basis and tools for large-scale societal transformations in Russia. Still, the question of whether the results of political and socio-economic reforms are irreversible and in line with constitutional ideas and norms is open to discussion. This study investigates the temporality of the process of the “constitutionalization” of Russian law using the statistics of Federal laws and Federal constitutional laws for the period 1994–2018. The article presents the outcome of the quantitative analysis as well as a discussion of the findings involving the approaches of the legal and political sciences. The research leaves open the question of the relationship between the durability of the democratic constitution and the quality and irreversibility of democratic transformations of the social system. Monitoring the dynamics of the adoption of primary laws and laws on amendments gives evidence that even a “rigid” democratic constitution can become “elastic” with age since its ideas and meanings can often be “stretched” to apply to current cases without the need to make any changes to existing constitutional norms. The authors propose considering the conceptual possibilities of adaptive governance theory to explain the features of modern Russian lawmaking (“adaptive lawmaking,” “agile lawmaking”).
oai:oai.bricslawjournal.elpub.ru:article/28
2016-06-26T16:26:48Z
jour:BOOKRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/28
2016-06-26T16:26:48Z
BRICS Law Journal
Vol 2, No 1 (2015); 156-159
CIVIL LITIGATION IN CHINA AND EUROPE
Array, Array Array; Independent, Milan
2016-06-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/28
en
.
oai:oai.bricslawjournal.elpub.ru:article/411
2022-04-30T05:52:06Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/411
2022-04-30T05:52:06Z
BRICS Law Journal
Vol 7, No 4 (2020); 127-152
Federalism in Russia: Current State and Emerging Trends
Array, Array Array; Ural State Law University
2020-12-20 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/411
federal system; content of federal relations; Constitutional Court; constitutional amendments
The research was supported by the Russian Foundation for Basic Research within the project no. 19-011-00697 “Rule of Law, Federalism and Protection of Human Rights: Comparative Study.”
en
The article considers the phenomenon of federal relations in modern Russia from a theoretical and normative point of view. Studying related categories, such as federalism, federation and federal system, the author comes to the conclusion that it is federal relations, which by their nature are purely legal relations, are the core of any federal system. It is the analysis of the dynamics of development of these relations that shows the viability of a particular federal system. Using the concept of systems theory, the author reveals the structure of federal relations, which includes their subjects, objects and content. In turn, the content of federal relations can be revealed using the principles of both the horizontal and the vertical separation of powers. In this regard, not only normative regulation (the Constitution, federal and regional laws), but also judicial practice are of great importance: namely, decisions of the Constitutional Court of the Russian Federation, which handed down a significant number of decisions revealing the essence of federal relations in specific cases and resolving existing problems. The development of the federal system, and, consequently, the actual federal relations can be traced in examples of an institutional and regulatory nature. Vivid examples of this development are structural changes in the federal system associated with the formation of a new constituent entity of the federation and the adoption of a new constituent entity in the federation. Such examples have occurred in modern Russia, although in the case of the adoption of new entities in the current regulatory framework, certain problems are found that should be eliminated by making appropriate amendments to the law governing the procedure for such adoption. The COVID-19 pandemic, unfortunately, has affected virtually every nation in the world. The relationship between the federal center and the constituent entities of the federation in such an extraordinary situation has been affected too and has undergone certain changes. Their analysis cannot but lead to a correction of the normative regulation of federal relations in the event of similar situations in the future. Amendments to the Constitution of the Russian Federation have affected a large layer of public relations. Federal relations are no exception, since the “Federated Structure” section of the Constitution includes a number of rather interesting changes.
oai:oai.bricslawjournal.elpub.ru:article/73
2017-02-15T13:15:41Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/73
2017-02-15T13:15:41Z
BRICS Law Journal
Vol 3, No 4 (2016); 41-70
OVERVIEW OF RUSSIAN CIVIL JUSTICE
Array, Array Array; National Research University Higher School of Economics
2017-02-15 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/73
Russian civil justice; class actions; enforcement proceedings; administrative justice; arbitration; mediation
en
Contemporary Russian civil procedure is not a pure Continental model because it also has procedural features of the common law system, as well as some other original and exceptional features. This article examines the main aspects of Russian civil justice: its main principles; judicial organization, including the structure of the courts and the division between courts of general jurisdiction and arbitrazh (commercial) courts, and the Intellectual Property Court; sources of procedural law; bar organization; the jurisdiction of the courts; actions and proceedings; legal costs; evidence; administrative procedure; class actions; enforcement proceedings; and arbitration and mediation.
oai:oai.bricslawjournal.elpub.ru:article/110
2017-10-06T13:45:16Z
jour:CONFRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/110
2017-10-06T13:45:16Z
BRICS Law Journal
Vol 4, No 3 (2017); 136-145
FORUM OF POLITICAL PARTIES, THINK TANKS AND NON-GOVERNMENTAL ORGANIZATIONS OF THE BRICS GROUP
Array, Array Array; Tyumen State University
2017-10-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/110
en
The Joint International Forum of Political Parties, Think Tanks and NonGovernmental Organizations of the BRICS took place in Fuzhou, China on 10–12 June 2017. The event was hosted jointly by the International Department of the Central Committee of the Communist Party of China, the China Council for BRICS Think Tank Cooperation and the China NGO Network for International Exchanges.For the first time in the story of BRICS cooperation the countries’ representatives witnessed the renewed format of the BRICS Academic Forum – two traditional tracks (academic conference and civil track) were supplemented by the assembly of political parties. Taking its turn in chairing the multinational BRICS association in 2017, China proposed this new Forum format and joined together three dialogues that had grown out of the BRICS Academic Forum, which took place now for the ninth time.1 Another innovation on China’s part was the outreach format – representatives of 28 countries, including Indonesia, Malaysia, the Philippines, Cambodia, Egypt, Nigeria, Ethiopia, Kenya, Argentina, Chile and Mexico among others took part.The Joint International Forum was a truly large-scale international event – 37 political parties of 26 countries, 105 think tanks, and over 400 representatives of 79 civil society organizations were in attendance.2The Forum participants engaged in separate deliberations at the BRICS Academic Forum on “Pooling Wisdom and New Ideas for Cooperation,” the BRICS Civil Society Organizations Forum on “Stronger People-to-People Bond for Better Cooperation,” and the BRICS Political Parties Dialogue on the “Guiding Role of Political Parties in Promoting Cooperation.” The Forum was a complete success with broad consensus.
oai:oai.bricslawjournal.elpub.ru:article/194
2018-12-15T12:20:34Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/194
2018-12-15T12:20:34Z
BRICS Law Journal
Vol 5, No 4 (2018); 61-89
FUNDAMENTAL RIGHTS OF PERIPHERAL CONSTITUTIONS: A NEW THEORETICAL APPROACH AND THE ZIKA VIRUS IN BRAZIL
Array, Array Array; Federal University of Bahia.
2018-12-15 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/194
fundamental rights; constitutional law; balance; systems theory; Zika virus
en
This essay proposes a new theoretical model directed towards the observation of fundamental rights present in the Constitutions of peripheral States. Parting from a critical revision of classic perspectives oriented by the dogmatic affirmation of fundamental rights and the institutional tradition derived from sociological observation, these rights perform a dual function. They are responsible for the structuring of normative expectations and, at the same time, they construct internal dogmatic limits within the system. Through the contributions of phenomenology and social systems theory, this model suggests autonomous spheres of fundamentality in contrast to the classical unity of fundamental rights. Furthermore, the balancing schemes are substituted for an internal “law of collision.” Conflict resolution undergoes a shift from the traditional method to the system’s reflexive pragmatics, contributing to the legal security and the democratic legitimacy of judicial review. Finally, it verifies how this theory could be applied to the advent of the Zika virus which affected Brazil from 2015 to 2017. As the Zika virus crisis involves different spheres of fundamentality, entailing a range of systems of law and therefore revealing different collision patterns, this essay demonstrates how this new approach could contribute to the control of solutions.
oai:oai.bricslawjournal.elpub.ru:article/455
2021-04-11T18:55:57Z
jour:CONFRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/455
2021-04-11T18:55:57Z
BRICS Law Journal
Vol 8, No 1 (2021); 162-169
International Seminar “Labour Relations in the BRICS Countries in the Conditions of Precarization of Employment”
Array, Array Array; Tyumen State University
2021-04-11 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/455
en
.
oai:oai.bricslawjournal.elpub.ru:article/649
2022-11-24T06:12:50Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/649
2022-11-24T06:12:50Z
BRICS Law Journal
Vol 9, No 2 (2022); 121-144
Can Geographical Indications Support the Indian Village Economy Impacted by the Ongoing Economic Crisis Caused by COVID-19?
Array, Array Array; O.P. Jindal Global University
2022-07-15 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/649
geographical indication; Geneva Act; post-COVID-19; rural economy; migrant laborer
en
The post-COVID-19 economic crisis has resulted in widespread unemployment and the migration of workers in India, particularly in the informal sector, which accounts for more than 90 percent of total employment in the country. Migrant workers are returning to their homes and will soon be looking for alternative sources of income. Entrepreneurship centered on locally made traditional products can provide revenue to migrant workers in such conditions. These returning underprivileged workers can use their traditional knowledge and skills to support their families and create new employment opportunities in their communities. Laws relating to geographical indications will aid in the protection and promotion of such traditional product lines in domestic consumer markets. The protection and promotion of such traditional product lines in domestic consumer markets will be aided by laws relating to geographical indications. The same can be further complemented by the new Geneva Act of the Lisbon Agreement, which went into effect in February 2020 and allows for the registration system of Geographical Indications in multiple countries through a single procedure with the World Intellectual Property Organization. As a result, it is proposed that the government should promote geographical indications as a policy instrument to help the rural economy during these ongoing difficult times.
oai:oai.bricslawjournal.elpub.ru:article/214
2019-02-17T19:55:52Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/214
2019-02-17T19:55:52Z
BRICS Law Journal
Vol 6, No 1 (2019); 102-126
Electronic legislative initiative as a Tool to improve Citizens’ Public activity in Cyberspace: Common issues in the BriCs Countries, europe and the russian Federation
Array, Array Array; Tyumen State University
2019-02-17 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/214
electronic resource; civil legislative initiative; e-democracy
Grant Council of the President of the Russian Federation (project MK-2440.2018.6)
en
Around the world, parliaments, governments, civil society organizations and even individual parliamentarians are taking measures to make the legislative process more participatory. A key instrument of such measures is e-democracy. In the 1980s, a number of pilot projects on electronic voting and online discussions were introduced. However, only since 2000, with the active development of the Internet, has considerable interest in utilizing electronic initiatives to advance democracy emerge. Today, researchers warn that despite all the talk about “e-democracy,” the circle of actual decision makers is likely to remain as small as it has been heretofore. In this article, the author analyzes the pros and cons of electronic initiatives in the BRICS countries, Europe and the Russian Federation, and provides practical information for improvement. The author suggests that the next step needed to improve civil activity in filing legislative initiatives is the application of a regular mechanism to establish the possibility of organizing the process of civil legislative initiative nomination and the collection of signatures in electronic form, in particular via the Internet, with the possible use of crowd sourcing technologies.
oai:oai.bricslawjournal.elpub.ru:article/12
2016-06-23T21:13:16Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/12
2016-06-23T21:13:16Z
BRICS Law Journal
Vol 2, No 2 (2015); 7-24
THE PRINCIPLES OF TRANSPARENCY AND INCLUSIVENESS AS PILLARS OF GLOBAL GOVERNANCE: THE BRICS APPROACH TO THE UNITED NATIONS
Array, Array Array; Permanent Mission of Costa rica in the United Nations in Geneva, San José
Array, Array Array; Permanent Mission of Costa rica in the United Nations in Geneva, Barcelona
2016-06-23 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/12
transparency and inclusiveness; diplomacy; global governance; League of Nations; United Nations; diplomatic negotiations; Human Rights Council; Security Council; BRICS countries
en
The transparency of governance is not only a necessary and sufficient condition for bringing about accountability, but also the basis for the possibility of democracy in the global sphere. Although there is no automatic progress from transparency to democratic global governance, this principle helps to create more democratic, open and fair societies. Recently, the importance of inclusiveness, transparency and procedural safeguards has emerged as a critical theme. The practical implementation of fair global governance mechanisms, procedures, and institutions will always depend on the level of participation, contestation, or solidarity among the different stakeholders represented at the local, national or international level. Recent years have clearly shown a trend towards increasing transparency and inclusiveness in international organizations’ activities and operations, in contrast to opaqueness or lack of transparency which was a very common practice in diplomacy during past centuries. The inclusion of transparency and inclusiveness elements in the decision-making rules of an international organization are fundamental for these norms to be considered not only ‘more legal,’ but also to have a higher level of legitimacy. The General Assembly decided in its Resolution 60/251 of 2006 that the methods of work of the Human Rights Council should be transparent, fair and impartial and should enable genuine dialogue. Finally, the role played by the BRICS countries at the Security Council and the Human Rights Council is critical in regards to its working methods.
oai:oai.bricslawjournal.elpub.ru:article/332
2022-11-24T06:14:20Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/332
2022-11-24T06:14:20Z
BRICS Law Journal
Vol 7, No 2 (2020); 37-65
The Ecosystem of Cryptocurrency as an Object of Civil Rights in BRICS Countries
Array, Array Array; South Ural State University
Array, Array Array; Ajman University
2020-05-23 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/332
cryptocurrency; bitcoin; blockchain; digital currency; digital right; object of civil law; BRICS; digital law; digitalization of law; law digital environments
en
The article presents a comparative legal analysis of the modern legal regulation of the multidimensionality of digital electronic currency in BRICS countries. It assesses the possibility of civil circulation of a digital property right as an economic and legal segment without clear legal regulation. It analyzes the judicial practice related to confidentiality, acquisition, and trading of virtual currency. The article justifies the ability to integrate a single digital currency – CRYPTOBRICS, a single equivalent for all payments in the form of cryptocurrency within the framework of BRICS for settlements and increase in the trade exchange volume on these international platforms. This will provide for the legalization and consolidation of the legal framework of cryptocurrency within the context of objects of civil rights, allowing BRICS members to become regulatory leaders in the field of digital assets. We formulated a proposal to create an international agreement defining the parameters of the digital currency issue based on blockchain technology for interstate transactions, which allows the BRICS counties to establish the next stage of their mutual integration for the free trade zone and the customs union. Unifying the civil circulation of cryptocurrency and using the platform of modern non-monetary digital circulation as our foundation, we concluded that BTC can be classified as a type of digital property right. The article justified the theoretical definition of digital property right in the form of cryptocurrency as a resource stored in a device or electronic system which allows the end user to complete transactions using virtual currency and denominated in another payment unit, as opposed to currencies issued by sovereign states. We suggested that insurance companies be insured against all possible risks associated with cryptocurrency circulation and cybersecurity as a civil measure to protect the order of intangible digital codes – cryptocurrencies.
oai:oai.bricslawjournal.elpub.ru:article/45
2016-09-09T13:42:09Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/45
2016-09-09T13:42:09Z
BRICS Law Journal
Vol 3, No 2 (2016); 112-123
THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES
Array, Array Array; University of Valencia
2016-09-09 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/45
full jurisdiction system; the division of powers; subjective rights; the scope of judicial review; precautionary measures; the enforcement of judgments
en
Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.
oai:oai.bricslawjournal.elpub.ru:article/86
2017-03-30T08:26:51Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/86
2017-03-30T08:26:51Z
BRICS Law Journal
Vol 4, No 1 (2017); 72-83
INDIAN REGULATIONS ON ETHICS AND THEIR IMPACT ON COURT CASE BACKLOGS
Array, Array Array; Jindal Global Law School
2017-03-30 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/86
case backlog; court delays; ethics regulations
en
The paper aims to explore the role of ethics regulations on the backlog of cases in the state of Uttar Pradesh, India. There, there are many local practices which hinder the disposal of cases in the courts. The paper examines several, beginning with the theoretical training in ethics at the law schools and its impact in practice. The paper then explores the legal status of strikes and how they are conceived by lawyers in delaying the disposal of cases. Next it deals with adjournments in the courts and unravels the myriad frivolous reasons cited in seeking adjournments, as well as how, despite statutory limitations, courts succumb to the pressure of the Bar in granting them. The author echoes concern for creating transparency, efficiency and a system that inspires integrity, and argues for the need to rethink and redesign the whole system and create independent tribunals to enquire into lawyers guilty of professional misconduct.
oai:oai.bricslawjournal.elpub.ru:article/150
2018-07-04T16:37:55Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/150
2018-07-04T16:37:55Z
BRICS Law Journal
Vol 5, No 2 (2018); 4-23
EXPERIENCES OF LEGAL INTEGRATION AND RECEPTION BY THE BRICS COUNTRIES: FIVE PASSENGERS IN A BOAT (WITHOUT A DOG)
Array, Array Array; Kutafin Moscow State Law University
Array, Array Array; Kutafin Moscow State Law University
2018-07-04 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/150
BRICS; philosophy of law; theory of justice; legal integration; regional cooperation
Ministry of Education and Science of the Russian Federation (project no. 29.4813.2017/8.9)
en
This article assesses the problems and prospects of the development of cooperation among the BRICS countries’ in the sphere of law and the movement of these countries towards the creation of a common legal framework. The article presents a comparative analysis of the systems of law, including the cultural, historical, social and political contexts of their formation and development as well as the functioning of the systems in the conditions of the modern world.The article particularly focuses on the subject of a common philosophy of law for the BRICS countries that would allow not only to establish the interaction of such dissimilar partners in the legal sphere, but also to move towards a new model of legal interaction for the whole world that has embarked on the path of globalization. Special means allowing the assessment of the possibility of future legal integration and globalization based on a common philosophy of law are the traditions and values of the civilizations represented by the BRICS countries. The article suggests that the core of the civilizational and value- based identity of each BRICS partner consists in a set of ideas and interpretations of the notion of justice clearly manifested in the controversy with the theory and ideology of justice proposed by the initiators and leaders of globalization - the countries of the West led by the United States. The theory and ideology of justice promoted by the "Atlantists" is concisely formulated in the book "A Theory of Justice" by John Rawls. Therefore, the reaction to and discussion of such a theory by the philosophers and jurists from Russia, India and China allows determining the contours of the common philosophical and legal position of these countries as well as outlining its significance for the future of the BRICS countries and, perhaps, of the whole system of legal relations in a new globalizing world.
oai:oai.bricslawjournal.elpub.ru:article/916
2023-12-07T05:47:46Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/916
2023-12-07T05:47:46Z
BRICS Law Journal
Vol 10, No 4 (2023); 68-97
A Comparative Study of Domestic Violence in BRICS Nations – Pre and Post COVID-19
Array, Array Array; CHRIST (Deemed to be) University
Array, Array Array; CHRIST (Deemed to be) University
2023-12-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/916
BRICS; domestic violence; women; gender; abuse; law
en
The most common kind of sexual or physical abuse suffered by women is that by a partner. Human rights are violated when males or boys use violence against women or girls. When it comes to domestic abuse, it is estimated that one in three women will experience some kind of gender-based violence at some point in their lives. The number of women who have been abused by a romantic partner or a non-relationship sexual partner is estimated to reach 736 million. For years, the world’s leaders have recognised its seriousness. In 1995, the Beijing Declaration and Platform for Action said that violence against women must be eliminated. Within the “UN’s 2030 Agenda for Sustainable Development,” a worldwide goal to abolish “all kinds of violence against women and girls in public and private spaces” was added. Global action was called for in 2016 by the “World Health Assembly’s” Resolution 69.5, which urged a national multisector approach to combating violence against women and young girls. In spite of all of these responsibilities, 49 countries still don’t have a clear policy on domestic abuse. Lower and lower-middle-income women nations are particularly vulnerable to this violence, which has long-term effects on their health and well-being. In the world’s poorest nations, women aged 15 to 49 have a lifetime frequency of domestic abuse of 37 percent. One in every four women who have ever been in a relationship has been a victim of domestic abuse at some point in their lives.
oai:oai.bricslawjournal.elpub.ru:article/255
2019-10-10T14:41:08Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/255
2019-10-10T14:41:08Z
BRICS Law Journal
Vol 6, No 3 (2019); 13-21
Five Generations of Russian Constitutions: Russia as Part of the Western Legal Heritage
Array, Array Array; Dickinson Law, Pennsylvania State University
2019-09-12 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/255
constitutional law; constitutionalism; Russian Constitution; legal history; western legal tradition
en
The paper is devoted to the study of the relationship between the Russian constitutional history and Western legal traditions. The author argues the position according to which the constitutionalism has been a part of Russian legal history for centuries. On one view of Russian legal history, a written constitution remained an aspiration of the Russian people that was only partly realized in 1906. Marxist legal thought contemplated, or predicted, the “withering away of law” after a proletarian Revolution; adopting a constitution seemed counter-intuitive to this projected vector of history. This paper explores in general outline the five generations of the constitutions of Russia (1918, 1925, 1937, 1978, and 1993) and the maturing of a constitutional tradition in Russia which has led from a blueprint for communism to fully-fledged constitutional rule-of-law social State in which the constitution acts as a restraint upon the exercise of State power and performs the role that a constitution routinely performs as part of the western legal heritage. The author concludes the 1993 Russian Constitution is, for the first time, a living document that could be considered as a reaction against the Russian past, the embodiment of Russian experience, and the repository of Russian values and desires for its future.
oai:oai.bricslawjournal.elpub.ru:article/23
2016-06-26T16:21:35Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/23
2016-06-26T16:21:35Z
BRICS Law Journal
Vol 2, No 1 (2015); 15-32
PROCEDURAL AND SUBSTANTIVE JUDICIAL REVIEW OF THE RIGHT TO HEALTH IN BRAZIL
Array, Array Array; Fluminense Federal University, Rio de Janeiro
2016-06-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/23
right to health; effective judicial protection; judicial review of healthcare policy; enforcement of judicial decisions against administrative authorities
en
This text seeks to identify the objective and subjective aspects of rights to an existential minimum in health care, based on international parameters which, because they are restricted to the internal scope of a nation, depend on a constitutional basis and on comprehensible facts, the demonstration of which should be the responsibility of the national administrative authority. Regarding the judicial review of the minimum right to healthcare, this paper points out that it is a serious mistake to try to handle public health conflicts according to the typical judicial principles governing conflicts under private law, because that distorts the public health system, with judicial orders that depart from the universal access to health care and that are often impossible to comply with. The article concludes that the judicial review of administrative authorities in matters involving the right to health necessarily requires simultaneous judicial review of the corresponding administrative procedures.
oai:oai.bricslawjournal.elpub.ru:article/389
2020-12-22T10:56:56Z
jour:CONFRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/389
2020-12-22T10:56:56Z
BRICS Law Journal
Vol 7, No 3 (2020); 166-168
Procedure: History, Current State and Perspectives
Array, Array Array; Kazan (Volga Region) Federal University
Array, Array Array; Kazan (Volga Region) Federal University
2020-10-10 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/389
symposium; civil procedure; Herald of Civil Procedure; history; civil law
en
This article is devoted to the results of the VI annual Symposium of the journal “Herald of Civil Procedure” held on 27 and 28 September 2019 on the premises of the Faculty of Law of the Kazan (Volga Region) Federal University (KFU). The Symposium took place with the participation of the editorial board of the journal “Civil Law Review” and was titled “2019 – Civil Law and Procedure: History, Current State and Perspectives (Coinciding with the Bicentennial of D.I. Meyer).” The editorial board of the journal “Herald of Civil Procedure” annually invites outstanding legal scholars and practitioners in the field of civil procedure to Kazan to attend the Symposium of the journal “Herald of Civil Procedure”. In only six years, the Symposium has become not only an annual tradition, but also a brand name. The Symposium is an anchor event not only of the Law Faculty of the KFU, but also of the entire Kazan Federal University, which each year cordially welcomes leading civil procedure scholars. In addition, the Symposium hosts participants, friends and interested listeners, and has created a platform for large-scale discussions at the highest level The first and each subsequent Symposium are consistent in scope and organization. Yet, each year something new appears, some highlight that gives the event a unique character and momentum for moving forward, developing, improving and raising the level of engagement.
oai:oai.bricslawjournal.elpub.ru:article/62
2016-11-25T18:16:38Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/62
2016-11-25T18:16:38Z
BRICS Law Journal
Vol 3, No 3 (2016); 117-137
STRUCTURAL INEQUALITY IN THE THIRD SECTOR: HOW LAW AND LEGISLATIVE DRAFTS PRODUCE, SUPPORT AND ORGANIZE HIERARCHICAL SYSTEMS AMONG NON-GOVERNMENTAL ORGANIZATIONS
Array, Array Array; Voronezh State University
Array, Array Array; European University at Saint Petersburg
2016-11-25 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/62
third sector; NGOs; foreign agent; socially oriented NGO; political activity
en
Within the framework of the article the problem of inequality in the Third Sector is defined. The authors tie the production and institutionalization of this inequality with laws that were passed in the sphere of the regulation of non-governmental organizations (NGOs) in recent years as well as with several draft laws. The analysis focuses on the “foreign agent” status. Organizations that receive this status have more obligations and fewer rights in comparison with other NGOs. According to the research, the burden of a foreign agent status can be measured in terms of legal discrimination, but it also may be measured financially. The authors see fit to analyze other existing legal statuses of Russian NGOs, above all the status of an NGO realizing socially valuable projects (SO NGO), and to compare them with the legal status of a “foreign agent” NGO. The analysis shows that foreign agent NGOs and SO NGOs gradually stand at opposite poles of the legal system: the former are synonymous with politically and legally undesirable subjects, whereas the latter step by step become the state-oriented, useful organizations meriting additional support, protection and social, economic and legal benefits.
oai:oai.bricslawjournal.elpub.ru:article/105
2017-10-06T13:45:15Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/105
2017-10-06T13:45:15Z
BRICS Law Journal
Vol 4, No 3 (2017); 6-34
IS THE BRICS NEW DEVELOPMENT BANK A FLEDGLING ALTERNATIVE TO THE WORLD BANK?
Array, Array Array; University of Buenos Aires
2017-10-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/105
sustainable development; New Development Bank; World Bank; IMF
Professor Leopoldo Godio
en
In 2001, the world began talking about BRIC – Brazil, Russia, India and China – as a potential powerhouse in the world economy. After the 2008 international financial crisis, BRIC gained prominent momentum and the world saw them as a serious actor to be watched. Today, BRICS (South Africa became a member of the bloc in 2010) are being closely watched because there is no certainty as to their future.The Shanghai-based New Development Bank was launched in this context and in answer to the institutional crisis that the world observed with concern when US-guided international economic institutions could not lead the way out of the 2008 crisis and into recovery.While each country around the globe lives its own domestic reality, the Trump phenomenon in the United States has erupted on the international stage and is proving to lead the still largest economy in the world onto the opposite path of the one set by the United Nations in its 2030 Agenda for Sustainable Development.These events as well as the roles played by the UN and the G20 are the subject of this article. They are analyzed in order to provide a framework from which to answer the following questions: Is the Shanghai-based New Development Bank a fledgling alternative to the World Bank, and are the BRICS a possible alternative to a more cooperative future?
oai:oai.bricslawjournal.elpub.ru:article/170
2018-10-13T20:53:09Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/170
2018-10-13T20:53:09Z
BRICS Law Journal
Vol 5, No 3 (2018); 114-134
THE ESTABLISHMENT OF LEGAL RULES AS AN ELEMENT OF THE SYSTEM OF LEGAL INFLUENCE: AN INSTRUMENTAL APPROACH
Array, Array Array; Ural State Law University.
2018-10-13 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/170
legal impact; establishment of legal rules; legal means; legal behavior; legal activity; legal status; instrumental approach
en
The author considers the essence of the establishment of legal rules as the will of the State that forms the structure of social relations. Based on an instrumental approach, the author examines the establishment of legal rules and the rules of law in their interaction with social activity, which allows subjects to “find themselves” in the legal system. Thus, the structures of public authorities, establishments and enterprises are created, their goals and order of activities are determined, as well as the competence and powers of officials, and legal statuses are secured; consequently, the participants, objects, terms of starting, changing and terminating legal relations concerning society are determined, too. Hence, the law influences the content of social relations, which is activity. In general, the results of the activities of individual and collective subjects of law reflect social relations, and social relations need legal regulation. At the same time, social relations may appear not only as activity, they may also appear in a passive form as legal statuses, social institutions. They are also regulated through legal rules, and in that case legal influence is carried out through the establishment of legal rules. It is able to predict the legal forms of subject activities through the establishment of legal rules. The author puts forward a legal definition of the establishment of legal rules as a purposeful influence on public relations, which is to regulate by means of legal rules. Distinctions of legal regulation from legal influence are established. The legal means expressing external factors in reference to the subject’s will correspond to the establishment of legal rules. However, by analyzing a list of normative acts we can conclude that legal means should be established more logically. It is necessary to consider the dialectics of relationships between purpose and means in the field of rulemaking processes, since dialectics is of a two-way determinative nature.
oai:oai.bricslawjournal.elpub.ru:article/612
2023-03-30T20:02:56Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/612
2023-03-30T20:02:56Z
BRICS Law Journal
Vol 9, No 1 (2022); 136-167
Legal Protection of Investors from the Corporate Malfeasance of Insider Dealings: A South African-Canadian Comparative Review
Array, Array Array; Herbert Smith Freehills South Africa LLP
Array, Array Array; University of Venda
2022-04-18 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/612
insider trading; regulation; South Africa; Financial Markets Act (FMA); Canada; Ontario Securities Act (OSA)
en
Ensuring market discipline, integrity, and transparency with the overall aim of protecting the investing public is critical to the wellness of a capital market and a financial system. However, one corporate ill besetting the securities markets in all jurisdictions is insider trading. Apart from being unethical, insider trading disrupts market dynamics. In South Africa, over the years, successive Acts have been enacted, amended, and repealed to ensure discipline and protect the integrity of the nation’s securities market. In 2012, the Financial Markets Act of 2012 (FMA) was enacted to improve, among others, the enforcement of insider trading regulation in South Africa. However, the regulation of insider trading and its enforcement in terms of the FMA have been insufficient. This article therefore seeks to benchmark the South African position against Canadian model with the objective of drawing lessons for South Africa. The choice of Canada was informed by the fact that Canada has a well-developed anti-insider trading regulatory framework and presents a case study of international best practices in the regulation of insider trading. Therefore, the conclusion in this article is that with creative and appropriate reforms of the FMA, using the Canadian model, the investing public will be adequately protected against insider trading, and investors’ confidence and the financial markets’ integrity and efficiency will be better enhanced.
oai:oai.bricslawjournal.elpub.ru:article/199
2018-12-15T12:20:34Z
jour:CONFRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/199
2018-12-15T12:20:34Z
BRICS Law Journal
Vol 5, No 4 (2018); 175-179
E-JUSTICE AND INFORMATION TECHNOLOGIES IN CIVIL PROCEDURE
Array, Array Array; Kazan (Volga Region) Federal University.
Array, Array Array; Kazan (Volga Region) Federal University.
2018-12-15 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/199
en
.
oai:oai.bricslawjournal.elpub.ru:article/7
2016-06-22T18:12:15Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/7
2016-06-22T18:12:15Z
BRICS Law Journal
Vol 1, No 1 (2014); 67-81
SMALL CLAIM AND SUMMARY PROCEDURE IN CHINA
Array, Array Array; Peking University
2016-06-22 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/7
civil procedure; small claim; small claim procedure; summary procedure; summary judgment
en
In MainlandChina, summary procedure is procedure applied at the first instance by basic-level courts and their detached tribunals. As simplified formal procedure, summary procedure can be classified into three types: 1) general / mandatory summary procedure, which is applied to cases with clear facts, unambiguous rights and obligations and minor disputes; 2) consensus procedure, which is applied to cases other than those to which mandatory summary procedure is applied, with the parties’ agreement on the application; 3) special summary procedure, which is ‘small claim procedure’ applied to cases involving amounts lower than 30 percent of the previous year’s average annual wages of workers in a given province and the judgment of the basic-level court or detached tribunal shall be final.
oai:oai.bricslawjournal.elpub.ru:article/309
2022-04-30T05:24:47Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/309
2022-04-30T05:24:47Z
BRICS Law Journal
Vol 7, No 1 (2020); 91-118
REGULATION OF MERGERS AND ACQUISITIONS IN TERMS OF THE SOUTH AFRICAN COMPANIES ACT 71 OF 2008: AN OVERVIEW
Array, Array Array; The Cape Bar – Society of Advocates
2020-03-08 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/309
Companies Act 71 of 2008; affected transactions; offers; mergers; acquisitions; Takeover Panel Regulation; provisions, regulation; South Africa
en
The Companies Act 71 of 2008 (the 2008 Act) replaced the Companies Act No. 61 of 1973, effective 1 May 2011. The 2008 Act was aimed at keeping pace with developments in company law internationally. It is not intended to entirely replace the well-established principles and has largely retained the pre-existing South African company law. The mergers and acquisitions provisions are aimed at creating transparent, efficient, and simple procedures. Different types of mergers and acquisitions are clearly defined as “affected transactions” or “offers” in section 117. Section 118 provides for companies to which the provisions apply. The reasons for regulating these transactions and powers of the regulator – The Takeover Regulation Panel, have been reviewed, clarified, and improved. The previous section on disposal of all or greater part of assets or undertaking of a company has been re-written. The 2008 Act further introduces a new type of affected transaction in section 113, in the form of a “merger” or an “amalgamation.” The 2008 Act has retained the scheme of arrangement in section 114, but has changed its format by removing compulsory court application and approval. The courts get involved under certain prescribed circumstances. The 2008 Act has enhanced shareholder protection for fundamental transactions in the form of section 164 – Appraisal Rights and section 115, dealing with shareholder approval of fundamental transactions. Some scholars and practitioners have criticised certain provisions. However, in general, the provisions have received favourable commentary. They regarded as progressive and comparable with others internationally.
oai:oai.bricslawjournal.elpub.ru:article/40
2016-09-09T13:42:09Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/40
2016-09-09T13:42:09Z
BRICS Law Journal
Vol 3, No 2 (2016); 6-20
DIMENSIONS OF LENIENCY POLICIES IN BRICS: A COMPARATIVE ANALYSIS OF INDIA, SOUTH AFRICA, BRAZIL AND RUSSIA
Array, Array Array; National Law University Jodhpur
2016-09-08 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/40
cartel; India; South Africa; Brazil; Russia; leniency policy; marker system
en
A cartel is a group of similar, independent companies which join together to fix prices, limit production or share markets or customers among themselves. The most significant feature of this anticompetitive activity is its restriction of competition between the parties involved in the arrangement. The objective of a cartel is to raise prices above competitive levels, which can result in injury to consumers and to the economy. This is why cartels are considered not only harmful for the economy as a whole but also, as a catalysing factor, destructive for the idealized approach of maintaining a level playing field in the market. Thus various jurisdictions, or rather almost all competition regimes, declare cartels an illegal activity subject to severe fines and penalties. But it is well known that the enforcement mechanisms of laws against cartels differ from country to country, and yet the striking similarity is that almost all competition authorities face the same uphill task of detecting and busting cartels in a manner that leads to efficient and desired prosecution.This paper focuses on an analysis of the newly introduced leniency regulations in India and the parameters of their effectiveness through a comparative analytical study of BRICS leniency regulations, specifically the experiences shared by South Africa, Brazil and Russia in the application of leniency tools and a marker system. The paper further considers the weaknesses of the existing leniency regulations in India and in BRICS and concludes by offering a future path for possible improvements in the form of certain recommendations.
oai:oai.bricslawjournal.elpub.ru:article/81
2017-03-30T08:22:17Z
jour:art
driver
v2
https://www.bricslawjournal.com/jour/article/view/81
2017-03-30T08:22:17Z
BRICS Law Journal
Vol 4, No 1 (2017); 4-6
CHIEF EDITOR’S NOTE ON SUPREME COURTS IN THE BRICS COUNTRIES
Array, Array Array; Lomonosov Moscow State University
2017-03-30 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/81
en
.
oai:oai.bricslawjournal.elpub.ru:article/135
2018-04-11T18:45:55Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/135
2018-04-11T18:45:55Z
BRICS Law Journal
Vol 5, No 1 (2018); 78-92
COUNTERMAJORITARIAN INSTITUTIONS IN THE RUSSIAN CONSTITUTION OF 1993 AS AN INSTRUMENT ENSURING CONSTITUTIONAL AND POLITICAL STABILITY
Array, Array Array; Lomonosov Moscow State University
Array, Array Array; Institute of Socio-Political Research of the Russian Academy of Sciences
2018-04-11 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/135
constitutional law; constitutional court; countermajoritarian institutions; constitutional stability; president; Russian Constitution
en
The article enriches the discussion on the legal reasons and conditions fostering the viability of democratic constitutions by analyzing the rich experience of the Russian Constitution of 1993. Particular attention is paid to the concept of countermajoritarian institutions. The authors elaborate the idea that countermajoritarian institutions can play an important role in ensuring the viability (put in other terms, the proper balance between stability, adaptability, and dynamic development) of modern democratic constitutions as well as political regimes.The article presents evidence-based data showing that the President and the Constitutional Court of the Russian Federation systematically acted as countermajoritarian institutions at the initial stage of the implementation of the “blueprint for the future” set down in the 1993 Russian Constitution. As a result of the activities of these institutions, strong legal frameworks were created that are necessary for the establishment of anew constitutional system of the Russian state and law.Today, the Russian Constitution of 1993 is one of the longest lasting democratic constitutions in the world (the average “life expectancy” of democratic constitutions adopted over the past 250 years is about seventeen years). The study of the countermajoritarian provisions in the 1993 Russian Constitution is of both theoretical and practical importance. In particular, the results of the study can be useful in creating efficient legal instruments for the maintenance of political stability and social development management both within sovereign states and within interstate communities.
oai:oai.bricslawjournal.elpub.ru:article/875
2023-10-12T07:43:30Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/875
2023-10-12T07:43:30Z
BRICS Law Journal
Vol 10, No 3 (2023); 87-105
From the Old Financial to the New Commodity Economy in the Era of Stagflation
Array, Array Array; National Research University Higher School of Economics
2023-10-12 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/875
BRICS; stagflation; structural inflation; recession; food security; commodities exchange; currency union
en
In the process of reducing the speculative financial adjustment that artificially stimulates consumer demand in developed countries, the importance of suppliers of physical goods (commodities) from developing countries will increase. I don’t believe in a complete dictate of commodities producers because they are dependent on counter deliveries of technologies from developed countries. However, relationships will be built between holders of physical goods, and technologies will change significantly. The pricing function for commodities will be transferred to several exchanges of developing countries which will be controlled by the commodity producers. Food consumers from Asian and African developing countries will be provided with the BRICS assistance in the creation and protection of reserve food warehouses on their territory as well as supporting their key exports through the creation of a network of new commodity exchanges. The article substantiates the need for independent formation of regional prices by the BRICS countries for the primary goods of their exports on their exchanges. I propose various combinations among the founding countries for new commodity exchanges for mineral fertilizers, oil, diamonds, titanium, vanadium, palladium, wheat, and uranium. Trading on all these new commodity exchanges must take place entirely in the currencies of the engaged countries.
oai:oai.bricslawjournal.elpub.ru:article/538
2022-11-24T06:13:54Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/538
2022-11-24T06:13:54Z
BRICS Law Journal
Vol 8, No 3 (2021); 93-120
Legal Definition of Irresistible Force in the Civil Law of Russia and China
Array, Array Array; Tyumen State University
Array, Array Array; Saint Petersburg State University
Array, Array Array; Shanghai University of Political Science and Law
2021-10-26 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/538
irresistible force; force majeure; emergency; inevitability; civil liability; exemption from liability; coronavirus (COVID-19)
en
The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal definition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each specific case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more efficient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reflect the essence of this concept.
oai:oai.bricslawjournal.elpub.ru:article/709
2023-03-30T20:02:53Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/709
2023-03-30T20:02:53Z
BRICS Law Journal
Vol 9, No 4 (2022); 41-63
Tax Challenges Arising from the Digitalisation of the Economy: The Development of the OECD Project and Possible Implementation in Russia
Array, Array Array; Financial Research Institute under the Ministry of Finance of the Russian Federation
2022-11-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/709
tax law; taxation of the digital economy; OECD; BEPS Action Plan; European Union; digital services tax; tax administration; corporate taxation; permanent establishment
The article was prepared as part of an assignment for the scientific research titled “Development of Mechanisms of Taxation of Global Profits of Foreign Companies with a High Level of Digitalisation and a Significant Economic Presence in Russia” commissioned by the Ministry of Finance of the Russian Federation.
en
The digitalisation of the economy has created a number of complex problems in the area of taxation. A majority of these problems relate to the issue of the distribution of taxing rights between states in the context of taxing income received as a result of crossborder activities. This article discusses the initiatives of the Organisation for Economic Cooperation and Development (OECD) regarding the taxation of international groups of companies in the era of the digital economy. It considers methodological approaches to taxation of the digital economy and highlights the features of the digitalisation of the economy that play an important role in tax policy. The study undertaken is based on a comparative legal method that allows for the examination of similar legal problems found in legislation and international treaties, as well as the identification of optimal ways to solve them. The following main problem with taxation of the digital economy is highlighted: tax systems laid down in the 1920s traditionally take into account the principles of the source of income and residency. In the new world of globalization and the digital economy, these principles have become significant obstacles to international trade. It is on this ground that the issues of the new nexus as well as the new model of allocation of taxing rights should be established. The article provides an analysis of the OECD’s two-pillar approach to these issues. Pillar 1 deals with the reallocation of profits of multinational enterprises to market jurisdictions. Pillar 2 deals with the issue of a global minimum tax. Additionally, the article discusses the various ways in which the new OECD concept could potentially be implemented in Russia.
oai:oai.bricslawjournal.elpub.ru:article/99
2017-07-03T19:54:21Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/99
2017-07-03T19:54:21Z
BRICS Law Journal
Vol 4, No 2 (2017); 71-94
COMPARATIVE FEDERALISM WITH REFERENCE TO CONSTITUTIONAL MACHINERY FAILURE (EMERGENCY) IN INDIA AND PAKISTA
Array, Array Array; Public University of Lucknow
2017-07-03 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/99
India and Pakistan; comparative federalism; Constitutional Failure Emergency Model; Constitutional Machinery Failure Emergency; defunct federalism; defunct democracy
en
The constitutions and courts both in India and in Pakistan have shown their aspirations and fundamental faith in the federal structure but in practice there is a strong centripetal bias in each of their constitutional-political structures. This bias becomes more evident when the constitution sanctions power to the centre to proclaim emergency situations in the provinces on the basis of Constitutional Machinery Failure. Emerging from their colonial roots, the constitutions of India and Pakistan contain an identical provision on Constitutional Machinery Failure Emergency which has been misused and abused regularly and has been the biggest question mark on federal claims of the two States. This unique system of Constitutional Machinery Failure Emergency has also gone through a number of radical changes in India and Pakistan, which often have been influenced by each other. The article specifies the socio-political-constitutional background of Constitutional Machinery Failure resulting in Provincial Emergency, both in India and in Pakistan, their respective use and abuse by the Executive, legislative attempts to amend and control such power, and judicial response, with similarities and differences in respect of justifiability of such Emergency Proclamations.
oai:oai.bricslawjournal.elpub.ru:article/156
2018-07-04T17:41:57Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/156
2018-07-04T17:41:57Z
BRICS Law Journal
Vol 5, No 2 (2018); 128-153
CRYPTOCURRENCIES LEGAL REGULATION
Array, Array Array; Baltic International Academy
2018-07-04 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/156
bitcoin; blockchain; cryptocurrency; e-money; mining; token; virtual currenc
en
This article evaluates the legal framework of cryptocurrency in various countries. The new currency instrument is abstract currencies. They are currencies in the sense that they can be exchanged peer-to-peer. They are representations of numbers, i.e. abstract objects. An abstract currency system is a self-enforcing system of property rights over an abstract instrument which gives its owners the freedom to use and the right to exclude others from using the instrument. Cryptocurrency or virtual currency is a cryptographically protected, decentralized digital currency used as a means of exchange. Due to the development of new technologies and innovations, the rate of use of virtual currency is rapidly increasing throughout the globe, replacing not only cash payments and payments by bank transfer, but also electronic cash payments. Among the best-known representatives of cryptocurrencies are Bitcoin, Litecoin and Ethereum. Legal scholars have not yet reached a consensus regarding the nature and legal status of virtual currency. Virtual currency possesses the nature of obligations righ ts as well as property rights, since it may be both a means of payment and a commodity. Depending on the country, the approach to cryptocurrencies may be different. Today there is already an international cryptocurrency community that does not have a single coordinating center. Only progressive jurisdiction and state regulation of cryptocurrency activity will allow the creation of the conditions that will ensure the implementation of legitimate and safe cryptocurrency relations.
oai:oai.bricslawjournal.elpub.ru:article/607
2023-03-30T20:02:56Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/607
2023-03-30T20:02:56Z
BRICS Law Journal
Vol 9, No 1 (2022); 4-34
BRICS Countries’ Economic and Legal Cooperation Through the Prism of Strategic Planning Documents
Array, Array Array; Digital Platform for Legal Initiatives “Initiator”
Array, Array Array; Financial University under the Government of the Russian Federation
2022-04-18 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/607
BRICS; legal fundamentals; economic cooperation; program; strategy; global governance; SDGs
en
The purpose of this article is to identify the core trends in economic and legal cooperation among the BRICS countries through the prism of strategic documents and normative acts adopted to define national development benchmarks in certain economic sectors. The authors carried out an analysis of strategic and policy documents adopted by Brazil, Russia, India, China and South Africa with a view to developing certain sectors of the national economy. It is pointed out that international cooperation is now considered necessary to achieve sustainable economic growth. The relevance of the research topic is dictated by the need to determine and develop approaches to improve the legal fundamentals of economic cooperation among the BRICS countries, as well as to prepare proposals for their implementation. The analysis of national programs and development priorities of the economies of the BRICS member countries has shown that the programs of Russia and China are the most comprehensive. Brazil’s development priorities, the socio-economic development policy of India and South Africa’s national development plan are primarily aimed at overcoming the problems inherent in these countries. Among the main areas of interest for all of the BRICS countries are agriculture, digital economy, energy, environment, education and health, finances, labour and employment, infrastructure and transportation and trade. Cooperation among the BRICS countries is likely to develop mainly through the exchange of experiences and best practices, joint research and realization of specific economic projects supervised by executive authorities, central banks and other state bodies. An important institution for economic interaction between the BRICS countries is the New Development Bank; other successful mechanisms of economic cooperation include the Contingent Reserve Arrangement, the Energy Research Cooperation Platform and the Partnership on New Industrial Revolution.
oai:oai.bricslawjournal.elpub.ru:article/769
2023-04-19T19:25:02Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/769
2023-04-19T19:25:02Z
BRICS Law Journal
Vol 10, No 1 (2023); 126-146
Digital Technologies and Labour Relations: Legal Regulation in Russia and China
Array, Array Array; South Ural State University (National Research University)
Array, Array Array; South Ural State University (National Research University)
2023-04-19 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/769
labour relations; digital technologies; control over employees; employees of Internet platforms; remote workers; private life of employees
en
The widespread use of digital technologies in the field of labour relations raises the issue of examining the readiness and capability of the legislation in Russia and China to adequately regulate labour in modern workplace conditions while respecting the balance of interests and the rights of employees, employers and the state. This article draws a number of conclusions, one of which is that currently in the Russian Federation, the legal regulation of the use of digital technologies in the field of labour is haphazard, contradictory and not designed for the long term. Despite a number of significant scientific studies conducted in this area and the serious commitment of the People’s Republic of China to the issues of informatization, the legal regulation of the digitalization of labour relations lags behind technological progress. A number of issues in urgent need of legal regulation remain outside the legal field (robotization and algorithmization in the field of labour; protection of personal data of job applicants; the problem of unemployment in the application of artificial intelligence in the labour process). It appears that today there is an urgent need for the federal authorities of the Russian Federation to adopt a strategy for the transformation of labour relations in the application of digital (information) technologies as well as a need to develop a concept of robotization and algorithmization of the labour process. Furthermore, when creating these documents and adjusting the current regulatory framework, the Russian legislator should take into account the experience of international and foreign regulation of labour relations in the field of digitalization of labour relations.
oai:oai.bricslawjournal.elpub.ru:article/2
2016-06-22T18:46:47Z
jour:art
driver
v2
https://www.bricslawjournal.com/jour/article/view/2
2016-06-22T18:46:47Z
BRICS Law Journal
Vol 1, No 1 (2014); 4
CHIEF EDITOR’S INTRODUCTORY NOTE
Array, Array Array; Lomonosov Moscow State University
2016-06-22 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/2
en
.
oai:oai.bricslawjournal.elpub.ru:article/272
2019-11-06T16:05:50Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/272
2019-11-06T16:05:50Z
BRICS Law Journal
Vol 6, No 4 (2019); 114-133
THE FIRST CASE OF HUMAN GENOME EDITING: CRIMINAL LAW PERSPECTIVE
Array, Array Array; Ural State Law University
2019-11-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/272
He Jiankui; genome editing; genetics; criminal law of China; criminal liability; public danger
This article formed the basis of a paper presented by the author at the International Conference “Futurology and Interdisciplinary Problems of Criminal Law” held in Kostanay, Kazakhstan on 24 May 2019. The article was prepared within the framework of a science project supported by a grant from the Russian Foundation for Basic Research, No. 18-29-14028.
en
This article analyzes the legal assessment of the human genome modification experiment at the pre-implantation stage conducted by a group of scientists headed by He Jiankui, professor at the Southern University of Science and Technology (SUSTech) in Shenzhen, Guangdong Province, China, by means of the CRISPR/Cas9 technology. Chinese scholars have different opinions concerning He Jiankui’s experiment, but on the whole condemn it as illegal. Though CRISPR/Cas9 has been applied for quite a long time, the legislation of most developed countries is not ready to respond. The author of the article underlines the fact that despite the consolidated opinion of scholars, there is no binding international act which would restrict human genome editing. The author relies on Chinese sources in considering the main approaches to the assessment of He Jiankui’s actions in terms of criminal law (illegal medical activity, forgery of documents or fraud). Based on the analysis of Chinese criminal law doctrine, the author offers possible models of classifying separate actions related to human genome manipulation. The following cases of human genome manipulation are considered by the author as publicly dangerous and criminally liable: (a) when the embryo genome is changed by genetic engineering technologies for the purpose of its further implantation in the situation where the child’s parents are not aware of such intervention and its possible implications; (b) when genetic therapy or any other gene transfer (transgenesis) is applied to a person who is not aware of the nature of such manipulation and the possible implications of the application of the technology.
oai:oai.bricslawjournal.elpub.ru:article/34
2016-06-27T18:38:16Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/34
2016-06-27T18:38:16Z
BRICS Law Journal
Vol 3, No 1 (2016); 90-125
THE TRIPS AGREEMENT, INTERNATIONAL TECHNOLOGY TRANSFER AND DEVELOPMENT: SOME LESSONS FROM STRENGTHENING IPR PROTECTION
Array, Array Array; Saratov State Law Academy, Saratov
2016-06-27 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/34
intellectual property rights; patents; TRIPS Agreement; developing countries; technology transfer; proprietary technology
en
The article focuses on the impact of the TRIPS Agreement provisions on further development of international technology transfer (ITT) mainly to developing countries. The authors review the critical specificity of ITT connected with the adoption of TRIPS. Much attention is paid to an analysis of what is most discussed among international experts in the area of the issues on the dual results of stronger intellectual property rights (IPRs) concerning various groups of developing countries. Their study also examines a number of problems with implementation of the TRIPS provisions, conducive to ITT, in the context of the TRIPS-plus era as a new stage in strengthening IPR protection. Bearing in mind the fragmentation of the international regime of IPR protection because of the adoption of numerous regional free trade agreements, the authors outline the possible position of advanced developing and least developed countries with respect to using TRIPS potentials for development of ITT under reasonable and just terms, with the aim of overall prosperity.
oai:oai.bricslawjournal.elpub.ru:article/451
2022-04-07T16:04:27Z
jour:art
driver
v2
https://www.bricslawjournal.com/jour/article/view/451
2022-04-07T16:04:27Z
BRICS Law Journal
Vol 8, No 1 (2021); 63-85
The Impact of Globalisation on the Constitutional Regulation of Human Rights
Array, Array Array; Kemerovo State University
2021-04-11 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/451
human rights; globalisation of law; global constitutionalism; new constitutional model; constitutional dimension
en
The objective of this research paper is to provide an in-depth analysis of the essence of the constitutional and legal regulation of personal status, which is the primary obligation of present-day national governments with respect to preserving and protecting major human values when globalisation processes are underway. Consistent and comprehensive human development, politicisation of the law, the elimination of poverty, the fight for equality, global economic injustice, the search for a new ideal constitutional model and other issues are relevant and are on the agenda for the entire global society. Countries with different economic levels of development, historical traditions, cultural origins, and legal systems have varying concepts of human rights, freedoms and duties, which they implement in practice in various ways. These issues are of paramount importance for Russia, which has equal participation rights in matters of international relations and in the system for global governance and international law making. Solving the problem of satisfying the national interest and preserving prestige and the standard of living of every person depends on the primary social responsibility of each person and on the active role of the modern state. Most of all, it is necessary to solve functional problems that are simultaneously political, scientific, organisational, and legal. The most important task here is to enhance the effectiveness of the activity of the state system and the local self-government authorities. To achieve its objective, the paper utilises general scientific-scholarly methods, and specific scientificscholarly research methods including those denominated concrete-historical, logically historical, system-based, comparative legal (law), among others.
oai:oai.bricslawjournal.elpub.ru:article/122
2017-12-12T11:40:53Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/122
2017-12-12T11:40:53Z
BRICS Law Journal
Vol 4, No 4 (2017); 116-144
DISCIPLINARY RESPONSIBILITY’S APPLICATION TO THE LOCAL GOVERNMENT EMPLOYEES VIOLATING THE ANTI-CORRUPTION LEGISLATION IN THE RUSSIAN FEDERATION, EUROPE AND THE UNITED STATES OF AMERICA
Array, Array Array; University of Bordeaux
Array, Array Array; Tyumen State University
Array, Array Array; Tyumen State University
2017-12-12 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/122
corruption; GRECO recommendations; disciplinary responsibility and moral condemnation of municipal employees; corruption offenses
en
This paper considers issues of legal regulation of moral condemnation of municipal officials and the impact of the recommendations of the Group of States against Corruption (GRECO) on the system of legal regulation of counteraction to Russian corruption. It also examines the concept and principles of anti-corruption, the grounds and procedure for bringing disciplinary proceedings against municipal officials for violating of anticorruption duties as well as issues of compliance with the rules of the Federal laws of the Russian Federation “On Combating Corruption” and “On Municipal Service in the Russian Federation,” and the necessity to unify their content concerning the reasons for dismissal due to the loss of confidence in municipal and state officials for corruption offenses. The Model Code of Ethics and Official Conduct of Civil Servants of the Russian Federation and Municipal Officials is useful to defining the legal status of moral condemnation, the shape of its issuance, scope, duration and legal implications of the use.
oai:oai.bricslawjournal.elpub.ru:article/843
2023-08-08T12:42:18Z
jour:BOOKRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/843
2023-08-08T12:42:18Z
BRICS Law Journal
Vol 10, No 2 (2023); 184-189
New Impulses for the Development of the Shanghai Cooperation Organization: An Academic View
Array, Array Array; V.F. Yakovlev Ural State Law University
2023-08-08 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/843
en
.
oai:oai.bricslawjournal.elpub.ru:article/497
2022-11-24T06:13:49Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/497
2022-11-24T06:13:49Z
BRICS Law Journal
Vol 8, No 2 (2021); 120-151
The Interdependence of Labour and Environmental Rights in South Africa
Array, Array Array; University of Johannesburg
Array, Array Array; University of Johannesburg
2021-07-25 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/497
labour law; environmental law; interrelationship; labour rights; environmental rights; purpose of labour law
en
Labour and environmental rights in South Africa both originated in reaction to particular and important societal problems. Labour law has traditionally been concerned with inequalities of bargaining powers, whilst environmental law was historically concerned with protection of the biophysical environment. At first glance the two rights therefore appear to be unrelated. In view of arguments that fundamental human rights cannot be achieved in isolation. This article explores the potential relationship between the two rights. It begins by providing an overview of the intersection between labour and environmentalists during the struggle against Apartheid as a basis for identifying the priorities of both sectors in advocating for the two rights and how the divide between the two narrowed. That overview provides a backdrop for the discussion which follows regarding how the intersection between the rights has played out both within the traditional and expanded conceptualisations of labour law. The study finds that the two rights do have a dependence and that the environmental arena has provided the basis for the continuation of the fight to ensure social justice for both the traditional and extended reconceptualized approach to labour law.
oai:oai.bricslawjournal.elpub.ru:article/675
2023-03-30T20:02:49Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/675
2023-03-30T20:02:49Z
BRICS Law Journal
Vol 9, No 3 (2022); 117-143
The Grain Market in India and the Creation of the BRICS Grain Union
Array, Array Array; National Research University Higher School of Economics
Array, Array Array; National Research University Higher School of Economics
Array, Array Array; National Research University Higher School of Economics
2022-09-11 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/675
food security; Indian wheat market; wheat futures trading in India; grain market regulation in India; BRICS Grain Union
en
The article examines the current situation in the wheat market in India and its potential within the global food security dynamic. In particular, it analyzes a number of instruments and programs of national policy in the grain sector: minimum support prices, public procurement, public distribution systems, storage facilities and their management, market regulation, trading mechanisms and platforms. In the aspect of the development of Indian grain trade and infrastructure, the Electronic Platform for National Agriculture Market (eNAM) and food commodities exchanges are considered. The article provides explanation on why India’s ambitious plans announced several years ago to expand wheat exports to the world market can hardly be fully realized in the near future due to such reasons as climate risks, phytosanitary problems and quality controls, lack of storage and logistics infrastructure, as well as the huge social and political importance of wheat supplies in the local market. Through the continuation of the current reforms in an efficient manner, India can resume the position of one of the leading wheat exporters. It is proposed that Russia, India and South Africa (as well as the potential new members – Iran and Argentina) create anew BRICS Grain Union.
oai:oai.bricslawjournal.elpub.ru:article/236
2019-10-10T13:47:11Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/236
2019-10-10T13:47:11Z
BRICS Law Journal
Vol 6, No 2 (2019); 82-107
Transitional Justice in South Africa and Brazil: Introducing a Gendered Approach to Reconciliation
Array, Array Array; Tyumen State University
Array, Array Array; Tyumen State University
2019-06-13 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/236
transitional justice; truth commissions; post-conflict resolution; gender-based violence; reconciliation
en
The concept of transitional justice has been associated with the periods of political change when a country emerges from a war or turmoil and attempts to address the wrongdoings of the past. Among various instruments of transitional justice, truth commissions stand out as an example of a non-judicial form of addressing the crimes of the past. While their setup and operation can be criticized on different grounds, including excessive politization of hearings and the virtual impossibility of meaningfully assessing their impact, it has been widely acknowledged in the literature that the Truth and Reconciliation Commission in South Africa can be regarded as a success story due to its relatively strong mandate and widespread coverage and resonance it had in South African society. We would like to compare this commission from the 1990s with a more recent example, the Brazilian National Truth Commission, so as to be able to address the question of incorporation of gendered aspects in transitional justice (including examination of sexual violence cases, representation of women in truth-telling bodies, etc.), since gender often remains an overlooked and silenced aspect in such initiatives. Gendered narratives of transitional justice often do not fit into the wider narratives of post-war reconciliation. A more general question addressed in this research is whether the lack of formal procedure in truth commissions facilitates or hinders examination of sexual crimes in transitional settings.
oai:oai.bricslawjournal.elpub.ru:article/18
2016-06-26T16:36:31Z
jour:BOOKRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/18
2016-06-26T16:36:31Z
BRICS Law Journal
Vol 2, No 2 (2015); 86-90
ARBITRATION IN CHINA: A LEGAL AND CULTURAL ANALYSIS
Array, Array Array; Lomonosov Moscow State University
2016-06-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/18
en
.
oai:oai.bricslawjournal.elpub.ru:article/384
2022-04-30T05:49:04Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/384
2022-04-30T05:49:04Z
BRICS Law Journal
Vol 7, No 3 (2020); 29-51
Civil Liability for Marine Oil Pollution Damage in the BRICS Countries
Array, Array Array; Peoples’ Friendship University of Russia
2020-10-10 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/384
BRICS; marine oil pollution; civil liability; CLC 1992
en
Until the 20th century, most countries around the world focused on developing the benefits of maritime transport and paid little attention to oil pollution from ships. The truth of the matter is that the development of marine transportation was a leading cause of marine pollution. Today, marine oil pollution is considered a dangerous source of contamination of the marine environment, and the oil pollution from ships is the source that draws the greatest concern. This concern clearly is felt by the BRICS countries, whose members, with vast seas adjacent to their landmasses, are keenly interested in preserving and protecting the marine environment against pollution, including marine pollution caused by oil from ships. The BRICS member states are countries with large economies and significant influence on regional and global issues. In recent years they have played a vital role in the world economy in terms of total production, destinations for investment capital and potential consumer markets. Therefore, the development and improvement of the laws of these countries relating to civil liability for marine pollution damage have significance for protecting the marine environment. This paper explores the legal regimes relating to civil liability for marine pollution damage at the international level and in the BRICS member states. It compares the differences in the domestic legislation of the BRICS countries pertaining to civil liability for marine pollution damage and concludes with recommendations for better implementation.
oai:oai.bricslawjournal.elpub.ru:article/57
2016-11-30T10:17:57Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/57
2016-11-30T10:17:57Z
BRICS Law Journal
Vol 3, No 3 (2016); 8-42
BRICS COUNTRIES’ POLITICAL AND LEGAL PARTICIPATION IN THE GLOBAL CLIMATE CHANGE AGENDA
Array, Array Array; Tyumen State University
Array, Array Array; University of Southern Denmark
2016-11-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/57
BRICS countries; climate change; emissions reduction; international agreements; common but differentiated responsibilities
en
The article presents an overview and analysis of international legal regulations on climate change. The authors examine how the international regime related to climate change has evolved in multilateral agreements. A special focus is put on the principle of common but differentiated responsibilities which became the basis of discord among states in discussing targets and responsibilities in climate change mitigation. The authors note that in 2015 the international climate change regime entered a new stage where the most important role is determined for developing countries, both in the legal and in the financial infrastructure, and in the formation of an international climate change policy.The importance of the participation of Brazil, Russia, India, China, and South Africa (BRICS) in an international climate change regime has been recognized for some time. The article describes the policy and regulations on climate-related issues in BRICS. The authors compare the key actions and measures BRICS have taken for complying with international climate change documents. They highlight that global climate change action cannot be successful without BRICS countries’ involvement. BRICS must therefore make adequate efforts in emissions reduction measures and significant commitments in respect of the international climate change regime. The authors propose three major steps for BRICS to take the lead in dealing with climate change. First, BRICS need to foster further discussion and cooperation on climate issues and work out an obligatory legal framework to fight climate change collectively as well as unified legislation at their domestic levels. Second, Russia and other BRICS countries have the potential to cooperate in the field of renewable energy through the exchange of technology, investment in the sector, and the participation of their energy companies in each other’s domestic market. Assuming Russia will support the development and enhancement of renewable technologies in BRICS countries, it can take a leadership position in the group. Third, in the international process of tackling climate-related issues BRICS should act as a bloc. Russia’s distancing itself from its partners is considered a deficiency in strengthening the BRICS countries’ role in global governance. BRICS are capable of serving as a vigorous platform in driving climate change negotiations leading to effective binding regulations in 2020–2030 and, provided that the countries cooperate successfully, BRICS will carry the combined weight of the entire group in the global arena.
oai:oai.bricslawjournal.elpub.ru:article/562
2022-11-24T06:13:59Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/562
2022-11-24T06:13:59Z
BRICS Law Journal
Vol 8, No 4 (2021); 31-37
Possible Legal Cooperation for a BRICS Perspective on International and Transnational Economic Law
Array, Array Array; University of São Paulo
Array, Array Array; University of São Paulo
2021-12-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/562
foreign investment law; competition law; global administrative law; cooperation; international law
en
This research paper seeks to identify and analyze the regulations that rule the economic life of the BRICS countries in the fields of foreign investment’s law, competition law and global administrative law, and further to identify points of convergence and divergence among them in order to indicate the possibilities of legal cooperation to facilitate economic exchanges and investments flow among them. We believe that the possible bottlenecks in trade and investment can be overcome mostly by exchange of experiences, to mitigate the lack of knowledge on national laws and regulations, and by the creation of cooperative mechanisms that facilitate the economic flow among them.
oai:oai.bricslawjournal.elpub.ru:article/764
2023-04-19T19:25:02Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/764
2023-04-19T19:25:02Z
BRICS Law Journal
Vol 10, No 1 (2023); 7-34
The Level of Cybersecurity of the BRICS Member Countries in International Ratings: Prospects for Cooperation
Array, Array Array; South Ural State University (National Research University)
Array, Array Array; Symbiosis International (Deemed University)
2023-04-19 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/764
national security; cybersecurity; cyberthreats; cyberattack; information infrastructure; cyber terrorism; BRICS
en
Creating a legal framework for cybersecurity is a key factor in the digitalization of an economy. The interaction between the BRICS member countries has undergone a digital transformation, which has improved their ability to work together economically and strengthened the growing influence of these countries in the international arena. The purpose of the present study is to determine the potential of the BRICS member nations to form a joint cybersecurity strategy. The authors put forward a hypothesis that the formation of an effective cybersecurity system is possible only with a sufficient level of development of information and communication technologies and a high degree of digitalization of interstate governance. The scientific novelty of this research lies in its complex approach to the scientific and theoretical analysis of the problems of ensuring cybersecurity in the BRICS member countries, on the basis of which it identifies the common areas for cooperation. The research methodology is based on establishing a correlation between the indicators of e-government development and the criteria for state cybersecurity, followed by a comparative analysis. As a quantitative indicator, the authors use the data of the E-Government Development Index for the BRICS member countries from 2010 to 2018. Additionally, the level of maturity of each country’s national cybersecurity system is reflected in the rating of the International Telecommunication Union (ITU). Based on the ITU rating, we assess the cybersecurity efficiency of the BRICS member countries versus other countries. The findings of the research lead the authors to the conclusion that state control over cyberspace and the availability of a national strategy are prerequisites for achieving a high level of cybersecurity.
oai:oai.bricslawjournal.elpub.ru:article/267
2019-11-06T16:05:49Z
jour:GEN
driver
v2
https://www.bricslawjournal.com/jour/article/view/267
2019-11-06T16:05:49Z
BRICS Law Journal
Vol 6, No 4 (2019); 4-5
CHIEF EDITOR’S NOTE ON THE NEW RUSSIAN LAW ON GROUP LITIGATION
Array, Array Array; Lomonosov Moscow State University
2019-11-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/267
en
.
oai:oai.bricslawjournal.elpub.ru:article/29
2016-06-27T17:59:21Z
jour:art
driver
v2
https://www.bricslawjournal.com/jour/article/view/29
2016-06-27T17:59:21Z
BRICS Law Journal
Vol 3, No 1 (2016); 4-6
CHIEF EDITOR’S NOTE ON INTELLECTUAL PROPERTY COURTS IN BRICS COUNTRIES
Array, Array Array; Lomonosov Moscow State University
2016-06-27 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/29
en
.
oai:oai.bricslawjournal.elpub.ru:article/412
2022-04-30T05:52:25Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/412
2022-04-30T05:52:25Z
BRICS Law Journal
Vol 7, No 4 (2020); 153-176
The Legal Model of Responsible Parenthood on The Example of Regional Legislation of the Russian Federation
Array, Array Array; Ammosov North-Eastern Federal University
Array, Array Array; Churapcha State Institute of Physical Education and Sports
2020-12-20 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/412
responsibility; parenthood; legislation; family; society; minor; parent; upbringing; the Law of Responsible Parenthood (LRP); Russia; the Republic of Sakha (Yakutia)
The study was carried out with the financial support of the Russian Foundation for Basic Research and the Republic of Sakha (Yakutia) as part of a research project on the topic “Legal and Social Problems of Implementing the Law of the Republic of Sakha (Yakutia) on Responsible Parenthood” (project Nо. 17-13-14001 - OGN, which received support from the Russian Foundation of Basic Research competitive selection of research projects as the winner of the competition OGN-R_SIB-A-Regional competition “Russia's Power Will Grow Siberia and the Arctic Ocean” 2017 -the Republic of Sakha (Yakutia)).
en
The relevance of the research issue is its novelty and socially significant conditionality provided by law of the legal and social “scenario” of responsible parenthood, prescribing common standards for parents raising minors. It is well known that the regulation of family relations, including parents and children, is one of the most relevant international research topics. In this regard, this article aims to obtain an overall view of the institution of responsible parenthood, included in the legal regulation in a set of rules and regulations established by the state and forming its special content. The leading approach (method) to the study of this problem is legal and sociological, allowing for a comprehensive review of the legal and social content of responsible parenthood on the example of regulation. The article presents relevant issues of responsible parenthood and its development based on specific laws; revealing its legal and social content while considering the potential of this type of parenthood. The research has scientific novelty, as it is the first attempt to consider the legal model of responsible parenthood on the example of Russian legislation. These materials can provide theoretical and practical value for further scientific research, as well as updating the regulatory approach to the regulation of family relations.
oai:oai.bricslawjournal.elpub.ru:article/74
2017-02-15T13:15:41Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/74
2017-02-15T13:15:41Z
BRICS Law Journal
Vol 3, No 4 (2016); 71-93
CIVIL JUSTICE IN INDIA
Array, Array Array; Indian Institute of Comparative Law
Array, Array Array; University of Rajasthan
2017-02-15 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/74
civil justice in India; courts and judges; jurisdictions; evidence
en
In India the concept of civil justice is not new. It has existed since time immemorial. A large number of related provisions are found in Manu, who compiled the then existing justice system in India of thousands of years ago in his fourteen-volume work titled Manava Dharma Shastra. The concept of justice is also found in detail in the Vedas, which are from avery ancient time. In both these scriptures the rule of law was adequately provided. Today, however, the Indian civil justice system resembles its common law counterparts. It features a coordinated, pyramid structure of judicial authority, emphasizing formal procedural justice dominated by litigants of equal status engaged in adversarial processes, and provides binding, win-lose remedies.
oai:oai.bricslawjournal.elpub.ru:article/117
2017-12-12T11:40:53Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/117
2017-12-12T11:40:53Z
BRICS Law Journal
Vol 4, No 4 (2017); 5
CHIEF EDITOR’S NOTE ON THE 100TH ANNIVERSARY OF THE RUSSIAN 1917 REVOLUTION
Array, Array Array; Lomonosov Moscow State University
2017-12-12 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/117
en
.
oai:oai.bricslawjournal.elpub.ru:article/195
2018-12-15T12:20:34Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/195
2018-12-15T12:20:34Z
BRICS Law Journal
Vol 5, No 4 (2018); 90-113
CHARACTERISTICS OF CHANGES IN THE CRIMINAL LEGISLATION OF RUSSIA AND CHINA
Array, Array Array; National Research University Higher School of Economics.
2018-12-15 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/195
Criminal Code of the Russian Federation; Criminal Code of the People’s Republic of China; “ideal” reform; “real” reform; criminalization; decriminalization
en
This article explores and compares the changes in the criminal legislation of Russia and China. The author will first examine the history of the development of the criminal legislation of the two countries, identifying their common and distinguishing features in the process. The author will then compare the basic provisions and structure of the criminal codes of Russia and China as objects of comparative legal research. This article further analyzes the scale, direction and dynamics of changes in the provisions contained in the General and Special parts of the criminal codes of the two countries, in detail. It is concluded that the scale and speed of changes in the Criminal Code of the Russian Federation, is far greater compared to the changes in the Criminal Code of the People’s Republic of China, based on various indicators. The author gives general recommendations to the Russian legislator as far as the consideration of scientific developments goes.
oai:oai.bricslawjournal.elpub.ru:article/838
2023-08-08T12:42:18Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/838
2023-08-08T12:42:18Z
BRICS Law Journal
Vol 10, No 2 (2023); 37-67
Influencing Companies’ Green Governance Through the System of Legal Liability for Environmental Infractions in China and Brazil: Lighting the Way Toward BRICS Cooperation
Array, Array Array; University of Macau
Array, Array Array; University of Saint Joseph
2023-08-08 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/838
BRICS; legal liability; green governance; environmental infractions; harm; civil liability; criminal liability; climate change; China; Brazil
en
As a platform of cooperation among its member states, questions of whether or how the BRICS alliance can influence and shape the global governance system and improve their internal governance systems have often been raised. In the process of exploring the role that the law can play in this context, comparative studies on the laws of the BRICS member states, particularly in the defined areas of cooperation, are an important perspective to be addressed in order to be able to contribute to the improvement of their internal governance systems. However, much work remains to be done on this perspective. This article partially fills this gap by conducting a comparative study related to one of the BRICS areas of cooperation – sustainable development – between two of its members: China and Brazil. Specifically, it compares how both states, as stakeholders, use the legal regime of liability for environmental infractions to influence the green governance of companies. The article, therefore, uses comparative legal methodology, using as its objects of research relevant legal provisions on legal liability for environmental infractions gathered from the legal systems of China and Brazil. The adoption of strict civil liability, liability for environmental damages per se and the extension of criminal liability to legal persons are among the similarities found. As for the differences, it finds that, as a principle, Chinese law shields directors and senior officers from liability toward third parties, while Brazilian law fully extends such liability to these entities; additionally, in the Chinese legal system, the burden of disproving causality between the harm and the activity that caused it falls upon the actor, while the Brazilian legal system adopts a double-standard approach for collective suits and individual suits; and finally, the Chinese law imposes a legal obligation to adopt what, in effect, is close to a corporate environmental management system, while the Brazilian legal system lacks a similar mandate.
oai:oai.bricslawjournal.elpub.ru:article/492
2022-11-24T06:13:48Z
jour:art
driver
v2
https://www.bricslawjournal.com/jour/article/view/492
2022-11-24T06:13:48Z
BRICS Law Journal
Vol 8, No 2 (2021); 4-9
Chief Editor’s Note on Collaboration and Research as the Key Contribution to the BRICS Environmental and Sustainable Development Agenda
Array, Array Array; Tyumen State University
2021-07-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/492
en
.
oai:oai.bricslawjournal.elpub.ru:article/650
2022-11-24T06:12:50Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/650
2022-11-24T06:12:50Z
BRICS Law Journal
Vol 9, No 2 (2022); 145-162
Typology of Legal Regulation of Value-Added Taxation in the BRICS States
Array, Array Array; Tyumen State University
2022-07-15 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/650
BRICS; VAT; GST; legal regulation of value added taxation; turnover tax
The reported study was funded by RFBR, project number 20-011-00353, “Research of Modern Reforms of Legal Regulation of Value-Added Taxation in the BRICS Countries: New Challenges, Mechanisms and Trends of Formation”
en
Value-added taxation (VAT) is an essential component of the financial system of any modern state, which determines the attention of the legislator to the development of its legal regulation, as well as the subject of this article. The processes of transformation of VAT legal regulation systems that are observed in the BRICS countries (the People’s Republic of China, the Republic of India, the Federal Republic of Brazil, the Russian Federation, and the Republic of South Africa) demonstrate the greatest activity in this area of legal relations. The task of studying such changes, which makes it possible to identify common features and individual features of various types of legal regulation of value-added taxation, is solved on the basis of an integrated assessment of the characteristics of the tax redistribution of value added. Based on the results of their research, the types of legal regulation of VAT in the BRICS countries are identified and the place that the Russian model of legal regulation of VAT occupies in this classification is determined.
oai:oai.bricslawjournal.elpub.ru:article/215
2019-02-17T19:55:52Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/215
2019-02-17T19:55:52Z
BRICS Law Journal
Vol 6, No 1 (2019); 127-158
Reparative approach Towards victims of armed Conflict: global experiences and lessons for india
Array, Array Array; Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology
Array, Array Array; Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology
2019-02-17 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/215
armed conflict; reparation; human rights violations; victims; international law.
en
In recent years, relentless efforts have been made worldwide for repairing the past harms done to victims of armed conflict. There has been a paradigm shift in international human rights law to addressing the victims’ need for reparation rather than emphasizing punishment for the perpetrators. A rights-based approach has been adopted towards making amends for the harm caused to victims in the past. Reparation is such a rightsbased approach, a diverse complementary form of justice to restore the life of the victims/survivors by means of restitution, compensation, rehabilitation, satisfaction and guarantee of non-recurrence of the violations upon the victims. Effective and inclusive response to violations during armed conflict and addressing those wrongs by way of reparation has become a priority within the international community to sustain peace and development in conflict-ridden countries. India, over the last few decades, has faced persistent violence perpetrated through armed conflict in regions such as Jammu and Kashmir as well as the North East. The lives of common people have been unsettled as a result of incessant killings, rapes and other brutalities. This article explores the development of reparation in the regime of international law and its implication for the victims of armed conflict. It underlines the initiatives of countries emerging from armed conflict in addressing the plight of victims by means of a reparative approach and argues that India needs to adopt a framework to reach out to those whose lives have been destroyed as the result of such violence and provide necessary reparation to them.
oai:oai.bricslawjournal.elpub.ru:article/13
2016-06-26T16:29:08Z
jour:art
driver
v2
https://www.bricslawjournal.com/jour/article/view/13
2016-06-26T16:29:08Z
BRICS Law Journal
Vol 2, No 2 (2015); 4-6
CHIEF EDITOR’S NOTE ON GROUP LITIGATION LEGISLATIONIN BRICS COUNTRIES
Array, Array Array; Lomonosov Moscow State University, Moscow
2016-06-23 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/13
en
Chief Editor’s Note on Group Litigation
oai:oai.bricslawjournal.elpub.ru:article/333
2022-11-24T06:14:20Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/333
2022-11-24T06:14:20Z
BRICS Law Journal
Vol 7, No 2 (2020); 66-93
Unified Digital Law Enforcement Environment – Necessity and Prospects for Creation in the “BRICS Countries”
Array, Array Array; South Ural State University
Array, Array Array; University of Maribor
2020-05-23 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/333
digital law; digitalization of law; information technology; law enforcement; BRICS; international cooperation; fight against crime; law digital environments
en
The article examines the prospects for the development of an interstate association of BRICS member nations and concludes that it is necessary to expand cooperation in addition to the economic sphere through other areas, in particular, the organization of interaction to combat crime. The article focuses on the fact that an important area of joint cooperation between the BRICS member nations will be activities in the field of security and combating crime. The main promising areas of cooperation between the BRICS member nations in the field of security are formulated and forms of joint activities in these areas are proposed. This area of cooperation of the BRICS member nations should be based on modern information technologies, which is due to the need for coordination of law enforcement activities of the BRICS member nations. The article analyzes the joint system for preventing international crime in the BRICS member nations and concludes that no improvement of this system is possible without appropriate information support for law enforcement based on general principles and approaches. To this end, the necessity of creating a Unified Digital Environment for Law Enforcement Services in the BRICS member nations is substantiated, which implies the speed of achieving the objectives of law enforcement in the BRICS member nations; reduction of corruption risks in this area; as well as automation of individual work processes by replacing a human resource with software. The article describes the concept of a Unified Digital Environment for Law Enforcement Services of the BRICS member nations, substantiates the components that make up its structure. The modern methods of information processing that can be used to build the specified information system are presented. Possible interested users of this environment are highlighted and the capabilities of the Unified Digital BRICS Law Enforcement Services Environment provided to these users are presented.
oai:oai.bricslawjournal.elpub.ru:article/46
2016-09-09T14:01:48Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/46
2016-09-09T14:01:48Z
BRICS Law Journal
Vol 3, No 2 (2016); 124-152
ADMINISTRATIVE JUSTICE IN POLAND
Array, Array Array; University of Warsaw
2016-09-09 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/46
administrative justice; administrative jurisdiction; administrative courts; principles of administrative procedure; Supreme Administrative Court of Poland; voivodship (regional) administrative court; class actions; cassation appeal
en
This article begins with an analysis of the development of administrative justice in Poland over the last centuries. In particular, the author examines administrative jurisdiction before 1918, when Poland regained its independence, the period of the Duchy of Warsaw, the Kingdom of Poland, and the practice on Polish territory under Austrian and Prussian control. The author then moves to modern law by presenting the judicial system in Poland in general, especially the differences between the separate systems of general courts and administrative courts, and analyses the jurisdiction of voivodship (regional) administrative courts, and the basic principles of judicial and administrative proceedings. The focus of study is mainly devoted to judicial and administrative procedure, rather than an administrative process of citizens before administrative authorities regulated in a separate Code of Administrative Procedure. The article describes the role of the judge (pointing out the differences between the active role of first instance judges and the limited capabilities of the judges of the appeal) and the powers of the Supreme Court, in particular its power to adopt resolutions, which has agreat importance for the unification of the jurisprudence. A brief analysis is given to class actions, which in the Polish legal system are inadmissible in court and administrative proceedings. The articles provides a statistical cross-section illustrating the role of administrative jurisdiction. The author concludes with observations pointing up the progress of administrative jurisdiction in Poland, not only in the legal sense, but also in the cultural sense.
oai:oai.bricslawjournal.elpub.ru:article/87
2017-03-30T08:22:17Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/87
2017-03-30T08:22:17Z
BRICS Law Journal
Vol 4, No 1 (2017); 84-99
WTO ACCESSION OF BRICS COUNTRIES: THE CHINESE EXPERIENCE
Array, Array Array; National Research University Higher School of Economics
Array, Array Array; National Research University Higher School of Economics
2017-03-30 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/87
China; national legislation; WTO accession; market economy; foreign trade activity
en
The stages of reforms under the influence of requirements of the World Trade Organization are considered on the basis of an analysis of Chinese legislation. Four stages of preparation by the People’s Republic of China for accession to the WTO within which there was a transformation of the legal system of China from 1982 to 2001 are described. The sources of Chinese lawmaking are presented and systematized as the basis of the economic legislation of the PRC at the stage of preparation for inclusion of China in the WTO. Attention is drawn to the particularities of the power organization of the Chinese state, in which there is no separation of powers into three branches: legislative, executive and judicial. This, in turn, allows to mark the feature in the economic sphere of legal regulation in China connected with the existence of the rules established by the Supreme National Court as a source of law. To represent the dynamics of normativelegal regulation of foreign trade activities, China has used the system of dialectical and universal methods of knowledge; general scientific methods (induction and deduction) and techniques (analysis and synthesis); as well as a special method – formally-legal. The identified course and direction of changes in legal support of domestic and foreign economic processes in China suggests the possibility to consider the experience of China in the promotion of Russia in the international trading community.The authors propose that the entry of China into the WTO is of interest to the BRICS countries as long as China achieves optimal utilization of the WTO’s external economic opportunities. In addition, China has established a legally solid basis for the development of market relations in the state.
oai:oai.bricslawjournal.elpub.ru:article/151
2018-07-04T16:48:35Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/151
2018-07-04T16:48:35Z
BRICS Law Journal
Vol 5, No 2 (2018); 24-48
THE RANGE OF ADMINISTRATIVE JUSTICE SPECIALIZATIONS IN RUSSIA AND THE OTHER BRICS COUNTRIES
Array, Array Array; Russian Academy of Sciences
Array, Array Array; Tyumen State University
2018-07-04 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/151
BRICS countries; administrative law; administrative justice; specialized administrative judiciary; court specialization
en
This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.
oai:oai.bricslawjournal.elpub.ru:article/917
2023-12-07T05:47:46Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/917
2023-12-07T05:47:46Z
BRICS Law Journal
Vol 10, No 4 (2023); 98-120
The COVID-19 Response of BRICS and Multilateral Development Banks
Array, Array Array; Federal University of Minas Gerais
Array, Array Array; Federal University of Minas Gerais
2023-12-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/917
BRICS; emerging markets; multilateral development banks; investment law; Contingent Reserve Arrangement; New Development Bank; COVID-19 pandemic
This study was financed in part by the Coordenação de Aperfeiçoamento de Pessoal de Nível Superior – Brasil (CAPES) – Finance Code 001.
en
This article conducts an analysis of the BRICS member countries in terms of their national and international institutions, with a special emphasis on how these institutions affect the stability of the global financial system and the promotion of development. To this end, the work was guided by the attributions of national central banks and the role played by the G20 in maintaining international financial stabilization. Additionally, the analysis examines the activities of national development banks and their institutions established within the BRICS nations, such as the Contingent Reserve Arrangement and the New Development Bank. The descriptive method was used to interpret the dynamics of international political and legal relations. The article concludes by recognizing the decreasing significance of multilateral solutions and highlighting the need for the national central and development banks of the BRICS countries to engage in communication with international organizations of financial cooperation.
oai:oai.bricslawjournal.elpub.ru:article/256
2019-10-10T14:43:26Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/256
2019-10-10T14:43:26Z
BRICS Law Journal
Vol 6, No 3 (2019); 22-48
Constitutionalism and Political Culture in Imperial Russia (Late 19th – Early 20th Century)
Array, Array Array; University of Puget Sound
2019-09-14 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/256
autocracy; constitutional monarchy; liberal bureaucracy; Polizeistaat; Rechtsstaat; political culture
en
This article analyzes the possibility of development of liberal constitutionalism in the Russian Empire during the post-reform period in the late 19th – early 20th century within the context of European history, of which Russia was an integral component. It argues that the Russian autocracy had the potential to transform itself into a constitutional monarchy during the period that followed the Great Reforms of the 1860s (1861–1881) and, second, during the Revolution of 1905–1906 and in its aftermath. This promising evolutionary process was cut short by World War I and rejected by the Soviet period of Russian history that followed. Obstacles to constitutional government were mostly objective in character, but perhaps the most significant problem was the fragmentation and insufficient development of Russian political culture, or better said, cultures that failed to produce the consensus required for effective creation and functioning of a constitutional regime. This failure was further exacerbated by an evolutionary radicalization of revolutions in modern European history that culminated in October 1917. The author concludes that the events of the late 1980s and the Revolution of 1991 changed the character of the Russian historical landscape and provided the potential for renewed development of a pluralistic political system and a strong civil society that is its precondition.
oai:oai.bricslawjournal.elpub.ru:article/24
2016-06-26T16:22:41Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/24
2016-06-26T16:22:41Z
BRICS Law Journal
Vol 2, No 1 (2015); 33-49
A COMPARISON OF THE CLASS ACTION FOR DAMAGES IN THE AMERICAN JUDICIAL SYSTEM TO THE BRAZILIAN CLASS ACTION: THE REQUIREMENTS OF ADMISSIBILITY
Array, Array Array; University of São Paulo, São Paulo
2016-06-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/24
common law and civil law; class action for damages; American system of class action for damages; prevalence and superiority; Brazilian class actions for damages; same requisites
en
After describing the class action for damages in the American judicial system, with the requisites of ‘prevalence’ and ‘superiority,’ the study passes to the examiner of the requirements of the admissibility of the Brazilian class action for damages, concluding on the existence of the same requisites, even in a civil law system.
oai:oai.bricslawjournal.elpub.ru:article/407
2022-04-30T05:50:50Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/407
2022-04-30T05:50:50Z
BRICS Law Journal
Vol 7, No 4 (2020); 4-44
Non-Standard Employment in the BRICS Countries
Array, Array Array; Saint Petersburg State University
Array, Array Array; Jorge Duprat Figueiredo Foundation for Safety and Occupational Health at Work (Fundacentro) and Pontifical Catholic University of São Paulo
Array, Array Array; Jorge Duprat Figueiredo Foundation for Safety and Occupational Health at Work (Fundacentro) and Getulio Vargas Foundation
Array, Array Array; Tyumen State University
Array, Array Array; Jilin University
Array, Array Array; North-West University
2020-12-20 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/407
non-standard employment; part-time work; temporary agency work; shortterm employment; formalization of employment; BRICS
en
Non-standardization of employment has become the main trend of the labour markets in the globalized economy. Attempting to enhance the flexibility of employment relations the legislators in BRICS countries are also the part of this trend. The forms of the nonstandard employment are numerous, the present paper concentrates upon the following ones: temporary employment, part-time and multi-party employment relationship. The authors review the experience of four BRICS countries in regulating non-standard forms of employment and determine what were the specific reasons for adopting them in Russia, China, Brazil, and South Africa. The national parts are introduced by the consideration of the international standards of protection of employees working under non-standard contracts. It is argued that even though these four states did not ratify the ILO Convention No. 181 Private Employment Agencies Convention (1997) and only Russia ratified ILO Part-Time Work Convention (No. 175), the ILO approach has influenced the development of national regulations. Though the equal treatment of all workers is lacking in many aspects of employment relations. In the national parts the authors trace the changes in employment law which reflect the pursuit of flexibilization of the labour market and, as in Brazil, the need to formalize employment relations.
oai:oai.bricslawjournal.elpub.ru:article/63
2016-11-25T18:16:38Z
jour:BOOKRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/63
2016-11-25T18:16:38Z
BRICS Law Journal
Vol 3, No 3 (2016); 138-142
THE ARCTIC ENERGY BASKET: TREASURE CHEST OR PANDORA’S BOX?
Array, Array Array; Tyumen State University;
University of Wolverhampton
2016-11-25 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/63
en
The never-ending race after the world’s limited energy resources puts forward a wide range of questions and concerns to be responded to in a short period of time. Even with the boom in renewable sources of energy1 and the provocative forecasts of the collapse of the oil and gas markets2 new opportunities for oil and gas exploration and exploitation are still the focus of global attention. However, what appears new and promising may be deceptive. The abundant yet hard to obtain Arctic oil and gas reserves are an apt illustration of the case. The main question in this regard is whether the Arctic is a treasure chest whose opening will free vast energy resources for future generations or a Pandora’s Box whose opening will let loose irreversible troubles upon humankind.
oai:oai.bricslawjournal.elpub.ru:article/106
2017-10-06T13:45:15Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/106
2017-10-06T13:45:15Z
BRICS Law Journal
Vol 4, No 3 (2017); 35-61
THE CASE OF CHINESE CONSTITUTIONAL POLITY WITH CHINESE CHARACTERISTICS: CAN CHINA AND ERITREA DIALOGUE?
Array, Array Array; Zhejiang University
2017-10-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/106
PRC; China; Eritrea; constitutional polity; constitutional governance; rule of law; developing countries
en
This paper subsumes the mysticism of Chinese law by distinguishing it from other bodies of law, while also rendering it transcendental in the contemporary universal legal context. It is also an attempt to romanticize Chinese constitutional law, as afertile ground that can be used to re-thread the fabric of Eritrean constitutional order. The root of this research is nournished by an extravagance of ideas and desires, which if applied can make the ubiquity and plasticity of the rule of law flow across what is perceived to be “unyielding” borders. Eritrea has just turned twenty-five and despite a tangled post-independence period, the country has been successful in articulating and advancing the vision of the pre-independence generation. Today, Eritrea envisages rejuvenating its governance with a new constitution that not only talks to post-independence Eritreans, but also triggers sustainable development with substantive emphasis on the rule of law. Eritrean endeavours can easily open up to the seductive appeal of the rich conceptual enigma of Chinese constitutional polity, China being one of the countries with the oldest legal traditions in the world. It is axiomatic that Chinese constitution-centred governance, which is well adorned with Chinese characteristics, is pre-eminent, for it has influenced China since 1949 to aptly rise as the world’s second largest economy. This paper illustrates that Eritrean constitutional polity can be examined through a Chinese lens, to be calibrated in such a way as to exhibit Eritrean characteristics, and still govern by the rule of law.
oai:oai.bricslawjournal.elpub.ru:article/171
2018-10-13T20:53:09Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/171
2018-10-13T20:53:09Z
BRICS Law Journal
Vol 5, No 3 (2018); 135-151
“ATOMIC LAW” OR “NUCLEAR LAW”? AN ACADEMIC DISCUSSION REVISITED
Array, Array Array; Charles University in Prague.
2018-10-13 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/171
nuclear law; atomic law; nuclear energy law; atomic energy law; international nuclear law; international atomic law; law of nuclear energy
en
The terms “atomic law” and “nuclear law” are regularly being (to a certain part as synonyms) used in both scientific and popular literature to refer to a body of legal norms, governing peaceful uses of nuclear energy and ionizing radiation, as provided by sources of international law (“international atomic law,” or “international nuclear law”), national legislation and a complex body of unbinding norms (soft law). Further, several other variations of these terms are also regularly used (such as “atomic energy law,” “nuclear energy law,” “international nuclear law,” “law of the atomic/nuclear energy,” etc.). This contribution aims to identify the origins of this terminological labyrinth and to deal with the perception of these terms in the legal scholarship. Further, this contribution deals with the recent perception of these terms in the legal science of major States, using nuclear energy for peaceful purposes. This article aims to clarify the existing terminology, which is to large extent being used in the literature without an appropriate explanation. The author pleads for a consequent use of the term “nuclear law” (droit nucléaire, yadernoe pravo, Nuklearrecht, derecho nuclear, diritto nucleare) and presents arguments for such conclusion.
oai:oai.bricslawjournal.elpub.ru:article/645
2022-11-24T06:12:50Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/645
2022-11-24T06:12:50Z
BRICS Law Journal
Vol 9, No 2 (2022); 4-29
Implementing the Right to Information as a Key Element of Freedom of Expression in the BRICS Countries
Array, Array Array; Russian Presidential Academy of National Economy and Public Administration
Array, Array Array; MGIMO University
2022-07-14 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/645
right to information; index of democracy; right to self-expression; civil and political rights; human rights
en
The category of rights and freedoms, including the right to access information and the right to self-expression, is not immutable. Rights and freedoms are a byproduct of the historical development of society and represent a socio-cultural phenomenon that reflects the historical identity of peoples and countries throughout the world. As a result, each legal system has its own legal concept of rights and freedoms, without which the crisis-free development of a particular state is impossible. This is because the degree to which citizens’ rights to self-expression and information are realized has a direct impact on the overall quality of a democratic system. This article analyzes the sectoral normative legal acts of the BRICS countries that regulate the right to information. Based on the data obtained, a comparison was made between restrictions and prohibitions regarding the exercise of the right to information. Furthermore, the article describes and analyzes the main approaches to assessing and determining the index of democracy in the world. Based on the comparison of the democracy index, the global ranking of the right to information and the global ranking of the civilian population, a formula for calculating democracy was derived. The degree of democracy in the BRICS countries was then calculated using the formula obtained, and a regional ranking of democracy within the BRICS countries was compiled. The authors believe that providing citizens with the opportunity to fully exercise their right to information, which would be impossible without the balanced participation of the state, results in the creation of an objective information environment, which in turn provides citizens with the opportunity to justly exercise their right to self-expression. In this regard, it is self-evident that democracy is closely connected with the full realization of the right to information. Today it plays akey role in citizens’ exercise of their right to self-expression.
oai:oai.bricslawjournal.elpub.ru:article/210
2019-02-17T19:55:51Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/210
2019-02-17T19:55:51Z
BRICS Law Journal
Vol 6, No 1 (2019); 5-40
Harmonization Problems of the education systems indicators in the BriCs Countries
Array, Array Array; Peoples’ Friendship University of Russia
Array, Array Array; Nielsen Russia
Array, Array Array; Beijing Normal University
Array, Array Array; Federal University of Minas Gerais
2019-02-17 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/210
BRICS countries; education; indicators of education; harmonization of information indicators of the education system; methods of comparing indicators
RFFR {project No. 18-010-01174)
en
The conditions for the development of modern states are impossible without cooperation and integration with other states in various socio-economic areas. The formation and protection of an alternative position in the world by a number of countries led to the creation of the BRICS association. Participation in this association is of great importance for Russia in a variety of fields. One of the promising areas of cooperation is the sphere of education in all its aspects, ranging from preschool education to the attainment of various degrees and titles. This article addresses the issue of coordination of the BRICS countries in the field of education.The basis for determining the indicators of the education systems and the principles of their comparison was the similar data from the international organizations UNESCO, OECD and Eurostat. As a result of studying the principles of collecting statistical data and methodological materials for comparing the education sector indicators in these international organizations, a certain vision of the database of the BRICS countries has been set. On the one hand, this base should not contradict international practice; on the other hand, the chosen indicators should be used by all countries of the BRICS association. Following this study, a proposal on the principles of information collection was made, as well as a proposal on the main indicators for education indicators comparison in the BRICS countries.The basis for cooperation between the education systems is a harmonized system of concepts and definitions, which allows unambiguous interpretation of such fundamental terms as education, educational program, educational institution, student, entrant, acceptance for study programs, graduates, graduations, personnel of educational institutions, expenses for education, etc.In parallel with the harmonization of the education system terminology, it is necessary to harmonize statistical indicators that can quantify the education system at all levels. As arule, observation units of education statistics are institutions that provide educational services at all levels of education to both individuals and legal entities.
oai:oai.bricslawjournal.elpub.ru:article/8
2016-06-22T18:23:32Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/8
2016-06-22T18:23:32Z
BRICS Law Journal
Vol 1, No 1 (2014); 82-97
DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW?
Array, Array Array; FESCO Transportation Group
2016-06-22 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/8
conventions; harmonisation of international commercial law; soft law; hard law; multilateral treaties; model laws; formulating agencies
en
The paper critically discusses the opinion of certain scholars that the use of multilateral treaties (conventions) in the field of harmonisation of international commercial law has been in a state of steady decline. They believe that traditional treaty law has been gradually replaced in recent years by softer methods of making international law, such as the use of restatements and model laws. Some scholars even claim that treaty law is dead or dying. The work assesses whether this view has reasonable grounds, providing an overview of the most prominent hard law and soft law harmonising instruments and outlining issues relating to the success of conventions, their advantages, drawbacks and tensions arising in this area. The paper suggests that conventions remain necessary where the third party or public interest are at stake, however, further improvements are needed to make conventions more successful instruments in international commercial law.
oai:oai.bricslawjournal.elpub.ru:article/310
2022-04-30T05:26:18Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/310
2022-04-30T05:26:18Z
BRICS Law Journal
Vol 7, No 1 (2020); 119-147
JUSTICE IN THE CONTEMPORARY WORLD
Array, Array Array; Kutafin Moscow State Law University (MSAL)
Array, Array Array; Kutafin Moscow State Law University (MSAL)
2020-03-08 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/310
justice; judicial authority; legal conflict; fairness; jurisdiction; judicial control
en
The article reveals the essential characteristics of justice as a specific type of state activity and identifies the main signs of justice that distinguish it from other types of state activity as well as from other types of judicial activity. The article also analyzes the categories of “justice” and “judicial power” and defines the essence of judicial control in the context of its relationship with justice. As a result of the study, the authors come to the conclusion that the most important and promising approach is to consider justice to be one of the characteristics organically inherent in the judiciary or as a related phenomenon. In this sense, justice is defined as state activity within the framework of which the judicial power is exercised. The judiciary is, accordingly, the essential expression of the functional purpose and competent certainty of justice. Turning to the issue of the signs of justice, the authors touch upon the problem of its wide and narrow understanding arising in connection with the increasing role of mediation, conciliation and arbitration as alternative forms of resolving legal conflicts, as well as in connection with vesting certain state bodies with jurisdictional powers. They come to the conclusion that, unlike in a number of foreign countries, justice in Russia can be administered only by state courts. The study of the subject area of justice related to the situation of legal conflict is also of considerable interest. In this context, the analysis of the concept of “legal conflict” and the proposed differentiation of such conflicts into types with the subsequent study of each of them is quite justified. Having studied justice as acategory, which makes it possible to reveal the content and legal essence of this type of state activity, the authors define this concept in one universal definition.
oai:oai.bricslawjournal.elpub.ru:article/41
2016-09-09T13:42:09Z
jour:CONF-P
driver
v2
https://www.bricslawjournal.com/jour/article/view/41
2016-09-09T13:42:09Z
BRICS Law Journal
Vol 3, No 2 (2016); 21-56
CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE
Array, Array Array; Fluminense Federal University
2016-09-08 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/41
administrative justice; fair trial; due process of law; Latin America
en
This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela). According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts) typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.
oai:oai.bricslawjournal.elpub.ru:article/82
2017-03-30T08:22:17Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/82
2017-03-30T08:22:17Z
BRICS Law Journal
Vol 4, No 1 (2017); 7-25
THE DECENTRALIZATION METHOD AS A TOOL TO IMPLEMENT SOCIAL INITIATIVES OF CITIZENS IN MULTINATIONAL STATES
Array, Array Array; University of Eastern Finland Law School;
Centre for Law and Religion, Cardiff School of Law and Politics, Cardiff University (Wales, UK)
Array, Array Array; Tyumen State University
2017-03-30 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/82
decentralization method; subsidiarity; multinational state; delegation of powers; citizens’ participation in state affairs
en
In this article the decentralization process and decentralization method are reviewed. Decentralization is the process of redistributing or dispersing functions, powers, people or things away from a central location or authority. While centralization, especially in the governmental sphere, is widely studied and practiced, there is no common definition or understanding of decentralization. The meaning of decentralization may vary in part because of the different ways in which it is applied. In this article the concepts of decentralization are researched. Decentralization in any area is a response to the problems of centralized systems. Decentralization in government, the topic most studied, has been viewed as a solution to problems such as economic decline, government inability to fund services and the general decline in performance of overloaded services, the demands of minorities for a greater say in local governance, the general weakening legitimacy of the public sector, and global and international pressure on countries with inefficient, undemocratic, overly centralized systems. The authors also research the issues of personal federalism and the subsidiarity principle.
oai:oai.bricslawjournal.elpub.ru:article/136
2018-04-11T18:45:55Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/136
2018-04-11T18:45:55Z
BRICS Law Journal
Vol 5, No 1 (2018); 93-116
THE TRANSFER OF INTERMEDIATED SECURITIES AND OF THE CORRESPONDENT RUSSIAN LAW TERM
Array, Array Array; University of Geneva
2018-04-11 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/136
Russian law; securities; UNIDROIT; legal reform; Geneva Securities Convention; intermediated security; uncertificated security; Russian Civil Code (RCC); Federal Intermediated Securities Act (FISA)
First of all, I would like to express my particular and deep gratitude the MOTHER OF GOD (“Panagia Gorgoepikoos,” “She who is quick to hear”) for her kind help, guide and support in finishing the present article. I kindly dedicate this article to her. I would like to thank my Mother who always encourages me in my projects. I am also thankful to the professor Peter Nobel (Nobel & Hug Rechtsanwälte) and to Mrs. Irina Gächter Huber (Nobel & Hug Rechtsanwälte) for reviewing this article.
en
The recent reform of the Russian Civil Code (hereinafter RCC) has also considerably touched the regulation of uncertificated securities. Such issues as the legal nature, the protection of a bona fide purchaser and the transfer, including the creation of security interests were precised by the legislator in the Code. As for the transfer, we may affirm that this was one of the main points of the reform in respect of those securities. What about the Swiss legislation, we can also affirm that the disposition of the intermediated securities was one of the key elements of the Federal Intermediated Securities Act, also known as FISA. In this article we intend to analyze precisely the methods of transfer applicable to intermediated securities under Swiss law and compare them with those which are governed by the modified dispositions of the RCC. In order to finalize our analysis on that subject we will also touch some points raised in the previous article. Thus, the present work will be the consequent continuation of the discussion started in my previous article.
oai:oai.bricslawjournal.elpub.ru:article/876
2023-10-12T07:40:57Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/876
2023-10-12T07:40:57Z
BRICS Law Journal
Vol 10, No 3 (2023); 106-121
Improving the Legislation on Public-Private Partnerships in Environmental Protection in the BRICS Countries
Array, Array Array; South Ural State University (National Research University)
Array, Array Array; South Ural State University (National Research University
Array, Array Array; Kutafin Moscow State Law University
2023-10-12 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/876
public-private partnership; sustainable development; BRICS countries; environmental protection
en
The Concept of Sustainable Development is one of the basic principles of the modern world. An increasing number of fields are coming under regulation governed by this concept. Recent updates to the environmental agenda have resulted in growing demands for increased environmental responsibility on the part of states and businesses. The global nature of environmental problems, their diversity and scale, and, at times, the irreversibility of the consequences of the negative environmental impact of the economy often provide for the consolidation of efforts by the state and business, particularly, through the implementation of public-private partnership (PPP) mechanisms. This article focuses on the pros and cons of legislation in the BRICS countries in the area of PPP practice in general and in environmental protection in particular. The data and PPP practices have been collected from the World Bank, UNCITRAL, and other official national sources related to PPP. An analysis of the legislation on PPPs in the BRICS countries indicates a lack of uniformity in the legal regulation of the relationships arising from this partnership, as well as a lack of specific legislation on PPPs specifically addressing environmental protection. The analysis shows that only those BRICS countries using the common law system (South Africa and India) have the instruments available to allow potential investors to fully assess the PPP model as it currently exists in a particular country. This practice developed as a result of a more flexible approach to the regulation of public relations. Undoubtedly, one of the many advantages of this approach is the ability to adjust the PPP system and model all of the known forms and types of PPPs in accordance with the specific needs of society and the state. The lack of flexibility, for example, of the Russian legislation on PPP regulation, has led to the limited forms or types and objects of PPPs, which is inconsistent with the modern needs of society and the state to achieve the UN Sustainable Development Goals.
oai:oai.bricslawjournal.elpub.ru:article/539
2022-11-24T06:13:54Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/539
2022-11-24T06:13:54Z
BRICS Law Journal
Vol 8, No 3 (2021); 121-147
Digital Platforms in China and Europe: Legal Challenges
Array, Array Array; Lomonosov Moscow State University
Array, Array Array; State Academic University for the Humanities
2021-10-26 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/539
digital rights; digitalization; digital platforms; large technology companies; online courts; platofrmization of justice; unfair competition in digital markets; protection of personal data
Supported by Russian Foundation for Basic Research project No. 18-29-16223; project No. 18-29-16145.
en
The paper considers the processes of platformatization of the economy and public government, which have become the last decade’s primary trend. Analysis of the digital markets in Russia, China, and Europe proved the dominance of the digital platforms of large technology companies. According to the authors, the concentration of market power in digital platforms threatens a competitive environment in digital markets. In this regard, the demand for antitrust regulation of their activities is justified. Another legal challenge arises concerning the trend of creating public services on the digital platforms of large technology companies. The paper analyzes China’s experience in the platformatization of legal proceedings, where the process of establishing online courts is conducted in close cooperation with the leading digital platforms of the PRC. In contrast to China, in Russia, the main focus is on combining public services, and information systems of various departments within a single platform to provide public services, with large technology companies acting as operators. Therefore, the authors conclude that it is necessary to strengthen legal mechanisms to protect citizens’ rights and interests during the digitization of public services – primarily citizens’ rights to data protection. The problems revealed demonstrate the necessity of a balanced approach to the legal regulation of digital platforms. While it is important to stimulate their development, it is necessary to limit the opportunities for violating the rights and interests of other participants in the digital environment.
oai:oai.bricslawjournal.elpub.ru:article/710
2023-03-30T20:02:53Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/710
2023-03-30T20:02:53Z
BRICS Law Journal
Vol 9, No 4 (2022); 64-80
Transformation of the Concept of Administrative Liability in the Protection of the Rights, Legitimate Interests and Security of Citizens
Array, Array Array; Charter Court of the Sverdlovsk Region
2022-11-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/710
administrative procedures; administrative responsibility; unification of legislation; BRICS; EAEU
en
This article discusses key areas of harmonization of administrative legislation and administrative responsibility between the Russian Federation and the Eurasian Economic Union (EAEU) countries. The most important issue in modern law is understanding that the uniform practical application of consistent administrative liability will enable the creation of a customs, tax, technological, and environmental space in the EAEU and BRICS. The author, on the basis of the findings of other researchers, gives an original definition of legal and administrative liability, which can be used in the harmonization of Russian legislation with the legislation of other BRICS and EAEU countries. The author also determines the regulation of the administrative process and the difference between administrative liability and other types of legal liability in accordance with modern Russian legislation.
oai:oai.bricslawjournal.elpub.ru:article/100
2017-07-03T20:01:39Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/100
2017-07-03T20:01:39Z
BRICS Law Journal
Vol 4, No 2 (2017); 95-134
THE SUI GENERIS OF NUCLEAR FATWA UNDER CUSTOMARY INTERNATIONAL LA
Array, Array Array; Public International Law, Islamic Azad University
2017-07-03 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/100
nuclear fatwa; customary international law; law of treaties; NPT; WMD
en
Due to the fluctuating nature of the Customary International Law, emerging customs have had good potential to appear in several forms during the past decade. In other words, there are various legal mechanisms indicating the genesis of CIL. One of these forms is the internationally known unilateral act of State which can be potentially recognized as a customary rule. The best example of a unilateral act of State would be Truman Proclamation which was transformed into a customary international rule concerning law of seas. With regards to the same legal framework and acts like Truman Proclamation, this research tries to answer the question that how the sui generis of fatwa in a custom-construction process concerning international law of WMD and through the modernized methodology can contribute. Illustrating the superiority of fatwa over the sui generis treaties on one hand and restricting mechanisms like NPT on the other, it can be indicated that the first steps concerning the genesis of a new customary approach in the field of international law of WMD has been derived from nuclear fatwa.
oai:oai.bricslawjournal.elpub.ru:article/166
2018-10-13T20:53:08Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/166
2018-10-13T20:53:08Z
BRICS Law Journal
Vol 5, No 3 (2018); 4-39
LEGAL EDUCATION IN THE BRICS COUNTRIES IN THE CONTEXT OF GLOBALIZATION: A COMPARATIVE ANALYSIS
Array, Array Array; Tyumen State University.
Array, Array Array; Tyumen State University.
2018-10-13 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/166
legal education; goals and quality; structure of legal education; the BRICS countries
en
Legal education in the contemporary world is changing. The main influences are linked to developments in transportation and communication and the enmeshing of diverse economies embraced by globalization. Law schools confront more mobile and more ambitious students who wish to experience different jurisdictional practices, to serve the increasingly global business community and to be more competitive. This research examines the modifications required in legal education as a result of globalization with specific reference to law schools in the BRICS countries of Brazil, Russia, India and China.Research on higher education, and legal education in particular, has been growing in recent years, yet there is still a gap in the study and comparison of the specifics of legal education within the BRICS countries. This research makes an attempt to analyze and contrast the current goals, objectives, structure and quality of higher legal education in Brazil, Russia, India and China. The specifics of law schools have been studied over the past twenty years in correlation with economic, cultural and education trends in BRICS and globally.Based on research literature, practitioner literature and legislative sources, this paper outlines common and special features of lawyer training in BRICS. The prime similarity of the legal education systems in BRICS are global education trends and the influence of the U.S. and UK education systems. Each BRICS country experienced an “explosion” in the popularity of legal education and, consequently, the urgent need to reform the education process in order to attain better quality and affordability. The result of these reforms, taking place in each country from 1950 to today, has become the growing differentiator of the educational institutions, turning them into “elite” and “mass” law schools.The facets of legal education in Brazil, Russia, India and China are attributed to their national policies as well as the historical development of the educational institutions and their perception of what specific lawyer skills and competencies are demanded by the legal market and national population. We conclude that the structure and quality of legal education as well as the requirements and monitoring tools vary in each country. These are dependent on several factors: the specific country’s ideology, its economic development, its proximity to an “Eastern” or “Western” model, its ability to learn from foreign education systems and its attempts at self-identification in the global educational space.
oai:oai.bricslawjournal.elpub.ru:article/608
2023-03-30T20:02:56Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/608
2023-03-30T20:02:56Z
BRICS Law Journal
Vol 9, No 1 (2022); 35-61
Administrative Offense Proceedings and Pre-Trial Dispute Resolution in the BRICS Countries
Array, Array Array; Nikiforov Russian Center of Emergency and Radiation Medicine of EMERCOM of Russia
Array, Array Array; Yaroslav-the-Wise Novgorod State University
Array, Array Array; Saint Petersburg University of State Fire Service of EMERCOM of Russia
2022-04-18 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/608
administrative responsibility; administrative offense; proceedings in cases of administrative offenses; BRICS countries; pre-trial dispute resolution; legal systems of the BRICS countries
en
This article offers a comparative analysis of the particularities of the implementation of proceedings in cases of administrative offenses and pre-trial dispute resolution in the BRICS member states. The article observes that in the BRICS countries, the issues of pre-trial dispute settlement are resolved using the same mechanisms: negotiation and conciliation procedures, including mediation. The implementation of these mechanisms is possible by the parties to the dispute themselves, with the participation of third parties such as proxies or legal representatives who may be interested in carrying out the procedures, and with the services of independent, professional mediators. The article draws attention to the fact that the Federative Republic of Brazil, the Russian Federation, the Republic of India, the People’s Republic of China and the Republic of South Africa belong to different legal families, which undoubtedly is a feature of the legal regulation of their administrative offense proceedings as well as of their pre-trial dispute resolution. The article finds that Roman law largely influenced all of the BRICS countries, with the exception of India, whose legal system was formed under the influence of English law, and that the versatility of legal regulation does not allow one to speak fully about the balance of administrative legislation in the studied areas. Furthermore, it is characteristic of all of the BRICS countries that administrative punishment cannot be aimed at humiliating the human dignity of a natural person, causing him or her physical suffering, nor can it be aimed at damaging the business reputation of a legal person. The similarity of the tasks of the administrative legislation of the BRICS countries is noted, which should include the protection of the subjective rights and interests of citizens, ensuring the rule of law, the protection of public order and public safety, and the prevention of administrative offenses. Through the discourse presented by the authors, the concept of an administrative offense is revealed; the acts regulating the proceedings in cases of administrative offenses are considered, as well as the tasks and principles established by national legislation in this direction. Furthermore, the similarities and differences in the legal regulation of proceedings in cases of administrative offenses and pre-trial settlement of disputes are revealed.
oai:oai.bricslawjournal.elpub.ru:article/770
2023-04-19T19:25:02Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/770
2023-04-19T19:25:02Z
BRICS Law Journal
Vol 10, No 1 (2023); 147-170
The Legal Issue of Deterrence of Algorithmic Control of Digital Platforms: The Experience of China, the European Union, Russia and India
Array, Array Array; Lomonosov Moscow State University
Array, Array Array; Galgotias University
Array, Array Array; Shenzhen MSU-BIT University
2023-04-19 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/770
artificial intelligence; digital platform; recommendation system; big data; personal data
This paper was written as part of the 2021−2024 research project: “The Rule of Law in the Digital Economy in China and Russia: Current State, Challenges and Future Development” (The Russian Foundation for Basic Research and the Academy of Social Sciences of China supported this research via grant No: 21-511-93004\21 КАОН_а).
en
The authorities in a number of states are concerned about the need for public disclosure of the recommendation algorithms that are used in online services. The introduction of regulations aimed at software developers is frequently proposed as a potential solution to this problem of algorithm transparency. These requirements, which must be fulfilled by the developers of software products, can be administrative regulations or standards regulations. However, despite these efforts, in the absence of direct legislative regulation, users continue to encounter the possibility that a social network feed or a search service result may present content that is unequal or unclear. This is due to the fact that the logic behind these recommendations is not clear and is concealed by IT giants. The following are among the main provisions of legislative initiatives: the liability of digital platforms to publish the mechanisms of recommendation services, the responsibility to inform the user about the processing of personal data and the possibility for the user to refuse such processing. States have recognized the problem and are approaching it from different positions. Each region chooses what to prioritize in terms of the law. We see that for China and Europe, all areas of platforms are important, whereas for Russia, news platforms and video hosting are of interest and for India, social media is the most important platform category. However, in all of the countries, the requirements for the disclosure of the recommendation engine to a certain extent are expanding. The amount of information that is publicly available as well as the order in which it is disclosed are both variable. This study demonstrates the commonalities and differences in the approaches taken by various countries.
oai:oai.bricslawjournal.elpub.ru:article/3
2016-06-27T17:53:09Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/3
2016-06-27T17:53:09Z
BRICS Law Journal
Vol 1, No 1 (2014); 5-24
THE BRICS COMMITMENT IN THE PROMOTION OF EQUALITY BETWEEN WOMEN AND MEN: ANALYSIS FROM THE HUMAN RIGHTS AND PEACE PERSPECTIVE
Array, Array Array; Permanent Mission of Costa Rica in the United Nations in Geneva
Array, Array Array; Permanent Mission of Costa Rica in the United Nations in Geneva
2016-06-22 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/3
war and violence; BRICS; women; right of peoples to peace; Human Rights Council; General Assembly; Open-Ended Working Group; right to life in peace, human rights and development; equality
en
The contribution of women to peace has been very relevant throughout history. The full and complete development of a country, the welfare of the world and the cause of peace require the maximum participation of women on equal terms with men in all fields. Gender equality has always been seen as an endless project, which should be realized by everyone around the world. The long-term effects of conflict and militarization create a culture of violence that renders women especially vulnerable in a post-war scenario. The interest in involving women and girls in the peace processes often stems from their experiences of armed conflicts, whether primarily as victims or as armed participants. They are aware of the potentials for transformation and reform in periods of peacemaking. Since 2008, the Human Rights Council has been working on the ‘Promotion of the right of peoples to peace.’ Pursuant to resolutions 20/15 and 23/16, the Council decided firstly to establish, and secondly to extend the mandate of the open-ended working group (OEWG) aimed atprogressively negotiating a draft United Nations declaration on the right to peace. The OEGW welcomed, in its second session (July 2014), the approach of the Chairperson-Rapporteur, which is essentially based on the promotion of equality between men and women, and the relationship between the right to life and human rights, peace and development.
oai:oai.bricslawjournal.elpub.ru:article/273
2019-11-06T16:05:50Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/273
2019-11-06T16:05:50Z
BRICS Law Journal
Vol 6, No 4 (2019); 134-158
LEGAL ENTITIES AS THE MAIN PARTICIPANTS IN BUSINESS ACTIVITY IN RUSSIA AND CHINA
Array, Array Array; National Research University Higher School of Economics
Array, Array Array; National Research University Higher School of Economics
2019-11-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/273
business activity; legal entities; General Provisions of the Civil Law of the People’s Republic of China; Civil Code of the Russian Federation; BRICS
en
The legal entity is one of the most common forms of business activity in the Russian Federation and the People’s Republic of China. The regulation of legal entities in Russia and China has changed in recent years, which makes the study of this issue especially relevant. This article explores and compares the concept of business activity, the system of legal entities and several types of particular legal entities in regard to companies found in Russia and China. The research concludes that the system of legal entities in the Russian Federation has an exhaustive regulation that facilitates the interpretation of the civil legislation and allows distinguishing the relevant characteristics of any type of organization. In China, there was no unified system of legal entities until 2017. While the General Provisions of the Civil Law of the People’s Republic of China adopted in 2017 is a serious and important attempt to establish a system of legal entities, the law does not contain the essential characteristics of legal entities; additionally, a number of the provisions of the legal acts in force devoted to the regulation of the activities of legal entities have not yet been brought in line with the new law.
oai:oai.bricslawjournal.elpub.ru:article/35
2016-06-27T18:42:33Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/35
2016-06-27T18:42:33Z
BRICS Law Journal
Vol 3, No 1 (2016); 126-137
PROTECTION OF RIGHTS UNDER RUSSIAN CIVIL LAW IN A COMPARATIVE CONTEXT
Array, Array Array; Bashkir State University, Ufa
2016-06-27 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/35
protection of civil rights; responsibility in civil law; protection of civil relations
en
The article analyzes the new rules securing the protection of rights introduced in the Russian Civil Code. New enforcement provisions in the Code will contribute to the stability and sustainability of business transactions in the market economy and the observance of contractual discipline. They aim at ensuring the most complete restoration of violated civil rights and restoring the situation that existed before the violation. Positive changes appear in Article 395 of the Code, including penalties prescribing interest payments on unpaid funds for nonperformance of a monetary obligation. The changes to this article have already been tested in practice, as found in a number of interpretations announced in the decisions of higher courts of the judiciary. Yet, an analysis of the Code reveals the absence of any form of penalty in the chapters on the individual types of obligations. Furthermore, a forfeiture occurs only in certain circumstances where it is required due to the nature of the legal relations, as under, for example, transport charters and codes, and laws on the supply of goods for state requirements.
oai:oai.bricslawjournal.elpub.ru:article/452
2022-04-07T16:05:31Z
jour:art
driver
v2
https://www.bricslawjournal.com/jour/article/view/452
2022-04-07T16:05:31Z
BRICS Law Journal
Vol 8, No 1 (2021); 86-115
Regulation of Artificial Intelligence in BRICS and the European Union
Array, Array Array; Gdansk University
Array, Array Array; National Research South Ural State University
Array, Array Array; Gdansk University
2021-04-11 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/452
BRICS; EU; artificial intelligence; AI; regulation; innovations; digital economy; digitization; digital technologies
en
Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.
oai:oai.bricslawjournal.elpub.ru:article/123
2017-12-12T11:40:53Z
jour:BOOKRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/123
2017-12-12T11:40:53Z
BRICS Law Journal
Vol 4, No 4 (2017); 145-151
BRICS: DIALECTICS OF UNITY AND DIVERSITY AS A KEY TO SUCCESSFUL GLOBAL COOPERATION
Array, Array Array; Tyumen State University
2017-12-12 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/123
en
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oai:oai.bricslawjournal.elpub.ru:article/871
2023-10-12T07:40:05Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/871
2023-10-12T07:40:05Z
BRICS Law Journal
Vol 10, No 3 (2023); 4-18
Regulating the Unregulated: The Advent of Fintech Regulations and Their Impacts on Equity-Based Crowdfunding
Array, Array Array; Hamad Bin Khalifa University
Array, Array Array; Hamad Bin Khalifa University
2023-10-11 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/871
crowdfunding; regulation; investment; risk; equity-based crowdfunding; ECF platform; Fintech
en
The concept of equity-based crowdfunding (ECF) has become one of the latest innovative financing alternatives for startups and SMEs throughout the world during the last decade. This article aims to assess the revised crowdfunding directive of Turkey and its role in the development of the ecosystem. The concept of ECF is elucidated with its stakeholders, challenges, and solutions. Then the effect of the revised regulation is analyzed through a case study of the first active ECF platform in Turkey, Fonbulucu. Finally, the article discusses the potential improvements to the existing directive considering the practices of Fonbulucu.
oai:oai.bricslawjournal.elpub.ru:article/498
2022-11-24T06:13:49Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/498
2022-11-24T06:13:49Z
BRICS Law Journal
Vol 8, No 2 (2021); 152-167
Sustainable Development in China and Russia: Comparative Legal Research
Array, Array Array; Shanghai University of Political Science and Law
Array, Array Array; Ural Federal University
2021-07-25 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/498
sustainable development; comparative research; legal regulation; China; Russia
en
This article examines the specifics of legal regulation of sustainable development in China and Russia. This topic is exceptionally relevant today since legal regulation of this area should create effective frameworks for the relationship between people and nature. The authors draw attention to the fact that sustainable development is better implemented when it is supported both by international standards and, necessarily, by national laws. The approaches then that China and Russia, both member countries of the BRICS bloc, are taking in implementing sustainable development are of importance, and thus described and contrasted in this study. To do so, the authors apply the comparative legal analysis, which makes it possible to distinguish both the advantages of international and national systems and the disadvantages. Based on their methodology, the authors formulate possible recommendations for each nation.
oai:oai.bricslawjournal.elpub.ru:article/676
2023-03-30T20:02:49Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/676
2023-03-30T20:02:49Z
BRICS Law Journal
Vol 9, No 3 (2022); 144-173
Patentability of Computer Program Algorithms in the G20 States
Array, Array Array; Perm State University
Array, Array Array; Perm State University
2022-09-12 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/676
algorithm; computer program; patentability; software patent; intellectual property; G20; BRICS
The reported study was funded by RFBR, project number 20-111-50171
en
Ubiquitous computerization and digitalization are contributing to the unprecedented growth of the software market. Computer programs are protected as subject of copyright law in international law and domestic legal systems. However, copyright law does not protect the interests of the copyright holder from borrowing ideas and algorithms which often have agreat commercial value. This circumstance has prompted the legal science and law enforcement practice of the most developed states to justify the possibility of protecting computer programs and their algorithms. The leading states chosen for in this paper are the G20 states. The relevance of this choice is due to the following: 1) The G20 states account for 86% of global GDP; 2) All world leaders in computer software development are G20 members; 3) All BRICS states are G20 members; 4) The law-and-orders of the G20 states are relevant to all existing traditions of the legal protection of intellectual property in the world. The legal systems of the G20 states follow one of three approaches according to the criterion of patentability of computer programs and their algorithms. We call the first approach “neutral.” It includes States which legislation does not explicitly prohibit the patenting of computer programs, but computer programs themselves are not mentioned among the subject matters of inventions. The second (“positive”) approach includes those states which legislation explicitly classifies computer programs as patentable inventions. On the contrary, the third (“negating”) approach includes states where it is legally established that computer programs as such are unpatentable. The results of the research demonstrate that there is no direct correlation between the way of solving the issue of patentability of computer program algorithms in different legal systems and the state’s place in the global IT market. For example, the United States and China take aneutral approach, Japan takes apositive approach, the EU Member States and India take anegating approach. We believe that the most flexible approach is aneutral approach from the point of view of patent law policy. The most liberal and consistent approach is the positive approach presented by the Japanese legal system. Finally, the negating approach is the most controversial and at the same time widespread among the G20 and BRICS states.
oai:oai.bricslawjournal.elpub.ru:article/237
2019-10-10T13:52:01Z
jour:COM
driver
v2
https://www.bricslawjournal.com/jour/article/view/237
2019-10-10T13:52:01Z
BRICS Law Journal
Vol 6, No 2 (2019); 108-131
Summary Prosedures and Optimization of Commercial Court Proceedings in Russia
Array, Array Array; Russian State University of Justice
Array, Array Array; Russian State University of Justice
2019-06-13 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/237
forensic statistics; caseload; summary proceedings; writ proceedings; court proceedings in commercial litigation; court proceedings refinement
en
This article deals with the problems involved in implementing simplified forms of legal proceedings in the Russian civil process, which is one of the important directions for optimizing commercial court proceedings. The study is largely based on the analysis of previously unpublished statistical information on the commercial courts of three districts for the period of 2016–2018, showing the results of their procedural activities in the framework of the procedures of simplified and writ proceedings in the context of court data of the commercial court system as a whole. The obtained results are highlighted taking into account domestic, foreign and international experience, doctrinal approaches and the existing need for the optimization of commercial court proceedings. The authors substantiate the conclusion that the consideration of cases in the procedures of simplified production facilitates significantly reducing the caseload burden on the commercial courts of first instance, both by simplifying the procedures for the consideration of these cases and by drawing up judicial acts on them. The article formulates proposals for the development of the current commercial procedural law, in particular the proposal to unify the procedural order of commercial court cases on the recovery of compulsory payments and sanctions. It further proposes possible variants of such unification.
oai:oai.bricslawjournal.elpub.ru:article/19
2016-06-26T16:37:23Z
jour:CONFRN
driver
v2
https://www.bricslawjournal.com/jour/article/view/19
2016-06-26T16:37:23Z
BRICS Law Journal
Vol 2, No 2 (2015); 91-93
THE CONFERENCE OF SOUTHERN COMMON MARKET (MERCOSUR) MEMBER STATES: DISCUSSING A LEGAL INTEGRATION AGENDA
Array, Array Array; Kutafin Moscow State Law University
2016-06-24 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/19
en
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oai:oai.bricslawjournal.elpub.ru:article/385
2022-04-30T05:49:25Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/385
2022-04-30T05:49:25Z
BRICS Law Journal
Vol 7, No 3 (2020); 52-80
Transnational Contracts and Their Performance During the COVID-19 Crisis: Reflections from India
Array, Array Array; Jindal Global Law School
2020-10-10 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/385
non-performance; international contract; Indian law; frustration of contract; force majeure clause; breach of contract; COVID-19
en
The outbreak of COVID-19 has severely impacted the performance of contracts across the globe. In some situations, the outbreak may render the performance of contracts impossible as a result of governmental restrictions in the form of national lockdowns to curb the spread of the virus. In other situations, the pandemic may adversely impact the execution of contractual obligations by dramatically affecting the price of the performance and, thus, resulting in hardship or commercial impracticability, while in certain situations the pandemic may be legally construed to not affect the performance of a contract. In domestic contracts, the consequences of such non-performance would depend on the principles of national law. In comparison, agreements with a foreign element (international contracts) are likely to increase the complexity of deciding claims arising from the non-performance of contracts due to the COVID-19 outbreak. The rights and liability of the parties would chiefly depend on the law that will govern the agreement – which differs across the globe. Some contracts would include a force majeure clause to exonerate the parties from performance on the occurrence of an event such as a pandemic. The courts’ interpretations of such force majeure clauses similarly differ across the globe. The laws of some countries would excuse the parties from performing their contractual obligations even if the pandemic resulted in hardship. Others would strictly construe the terms of such clauses and would invalidate them if the occurrence of the pandemic did not make the performance impossible. This paper examines the non-performance of transnational contracts due to the COVID-19 outbreak when they are governed by Indian law. It highlights the situations when an international contract for the sale of goods or services whose performance has been allegedly hindered due to COVID-19 would (a) frustrate and (b) breach the agreement under Indian law. The paper provides a comparative analysis of Indian law with jurisdictions such as France, Germany, Austria, China, the United Kingdom, Australia and the United States to demonstrate that Indian law is not well equipped to deal with complex lawsuits arising due to the non-performance of contracts as a result of the pandemic.
oai:oai.bricslawjournal.elpub.ru:article/58
2016-11-25T18:24:41Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/58
2016-11-25T18:24:41Z
BRICS Law Journal
Vol 3, No 3 (2016); 43-60
RECOGNIZING THE RIGHT OF THE THIRD GENDER TO MARRIAGE AND INHERITANCE UNDER HINDU PERSONAL LAW IN INDIA
Array, Array Array; Symbiosis Law School
Array, Array Array; Symbiosis Law School
2016-11-25 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/58
third gender; right to marry; Hindu personal law
en
One of the most implicit foundations of a person’s identity today, in a cultural, national as well as global context, is the collegial relationship which he or she shares with another person, that relationship ultimately giving formation to a conjoint, consolidated and co-dependent recognition of the two as one under the law, particularly with respect to resolving socio-familial issues such as those of parentship, guardianship, adoption, succession and inheritance, among others.The term “relationship” mentioned above is connotative of marriage and the following paper attempts to look at this relationship, in its connection to the various facets of one’s personal identity as a citizen, from the perspective of a third gender Hindu Indian national. Though the right to marry of such an individual, especially as seen against the backdrop of the existing communal ethos in the country, may be accepted as being some form of a heterodoxy, it still falls short of qualifying as anything that could be called, in the least, “heretical” or even illegal.While due to the constraints of time the authors of the present study have been compelled to restrict the same to only a particular division of nationality and a further specific sub-class thereof, the authors sincerely hope that this study will inspire further such examinations into its chosen subject within the field domains of other religions and nationalities.
oai:oai.bricslawjournal.elpub.ru:article/918
2023-12-07T05:47:46Z
jour:ART
driver
v2
https://www.bricslawjournal.com/jour/article/view/918
2023-12-07T05:47:46Z
BRICS Law Journal
Vol 10, No 4 (2023); 121-141
The System of Indigenous Peoples’ Protection in BRICS States: An Overview of Legal and Litigation Support
Array, Array Array; Tyumen State University
Array, Array Array; Northern (Arctic) Federal University
2023-12-06 00:00:00
Authors who publish with this journal agree to the following terms:Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
url:https://www.bricslawjournal.com/jour/article/view/918
BRICS; indigenous peoples; ethno-politics; self-determination; integration; ILO Convention
This research work supported by the Ministry of Science and Higher Education of the Russian Federation (the State task project No. FSRU-2023-004).
en
This article provides an overview of the international obligations of the BRICS member states related to the protection of indigenous peoples’ rights, as well as discusses the current trends in the ethno-national policies of those countries. The authors arrive at the conclusion that though the majority of the BRICS states are parties to the basic human rights agreements, there is no full-fledged agreement on the protection of indigenous peoples within the BRICS framework specifically addressing the rights of indigenous people, even though the countries collectively have aboriginal communities. One of the primary and major reasons why the BRICS countries are reluctant to assume obligations under the existing agreements compared to the Euro-Atlantic bloc of Western states is the motley ethno-cultural “palette” of these countries, which complicates public administration in this area of legal relations. Both India and China are state parties to the International Labor Organization Convention 107, which provides for “paternalism” and “integration” of the indigenous population without explicitly recognizing their “right to self-determination” and development within the framework of this right. The main problems associated with ethnopolitics in the BRICS countries are those pertaining to the provision of legal frameworks and litigation support to uphold the right to self-identification, protection of the native language and the preservation of traditional uses of natural resources.
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