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BRICS Law Journal

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Academic peer-reviewed journal “BRICS Law Journal”

BRICS is an intergovernmental organization comprising Brazil, Russia, India, China, South Africa, Egypt, Ethiopia, Iran, and the United Arab Emirates. Originally established to highlight investment opportunities, the group is now assuming a greater geopolitical role aimed at institutional reforms that will rebalance global power. In 2024, BRICS embarks on a ‘historic’ expansion’ by welcoming Egypt, Ethiopia, Iran, and the United Arab Emirates as new member countries, making the group even more powerful politically and economically. All countries adhere to the principles of inclusive macroeconomic and social policies while focusing on responsible national growth strategies. The BRICS group positions itself as more than just an economic forum through its commitment to the creation of a more representative, fairer international order and a reinvigorated and reformed multilateral system.

The BRICS Law Journal serves as a platform for comparative research and legal development not only in and among the BRICS countries themselves but, more importantly, also between the BRICS countries and other countries across the globe. Additionally, the Journal provides an open forum for legal scholars and practitioners to reflect on issues of international significance that are relevant to the BRICS countries. Prospective authors who are involved in legal research, legal writing, and legal development associated with these subjects are, therefore, the main source of potential contributions for publications in the Journal.

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Current issue

Vol 12, No 3 (2025)
View or download the full issue PDF

GUEST EDITOR NOTE

ARTICLE

9-34 13
Abstract

Pregnancy is a process inherent to the propagation of species, and the right to continue or discontinue the pregnancy electively appears to be exclusive to humankind and has been a much-debated topic since ancient times. Religious rationales believe that aborting a fetus is a “sin,” and this line of thinking makes the act of abortion an offense in almost all jurisdictions. However, with the advent of the human rights concept, particularly with the second generation of human rights, individual liberty becomes one of the most honorable and demanding rights. Some countries like Norway, the UK, and the USA have taken the lead in providing this right to pregnant women, where the United Kingdom introduced legislation in 1967 and became the first European country to allow abortion right, statutorily, though limited in character, and the Supreme Court of America declared abortion as a fundamental right in 1973. Nevertheless, change is the reality of life, which is also true in this regard. Over time, on the one hand, the abortion right has reached a new height, and on the other hand, in its originating country, it comes under constant attack, as the American Supreme Court has overturned its earlier decision and allowed the states to legislate their laws regarding the right to abortion. The BRICS countries are also going in a similar direction on aborting a fetus even though there are few variations. India facilitated this right through specific legislation in 1971.

35-58 8
Abstract

Biomedical waste poses significant risks to public health and the environment when not managed properly. While healthcare facilities (HCFs) are intended to heal, they also generate hazardous waste such as used syringes, sharps, and contaminated materials that can exacerbate environmental pollution if treated inadequately. In India, despite implementing the Biomedical Waste Management Rules, 2016, challenges persist due to systemic non-compliance, especially among unauthorized HCFs, and insufficient waste treatment infrastructure. Accordingly, this article employs a doctrinal and comparative policy approach to assess regulatory frameworks and implementation strategies across the BRICS countries. Using 2020 Central Pollution Control Board (CPCB) statistics, it examines India’s biomedical waste management policy while drawing crossjurisdictional insights from Brazil, Russia, China, and South Africa. The report finds major areas of policy convergence and divergence, particularly on regulatory design, publicprivate compliance mechanisms, and technology integration. Based on this comparative study, the article offers the Public-Private Compliance Incentive Model (PPCIM) and recommends regionally coordinated efforts to bridge regulatory and infrastructure gaps. By situating these proposals within the framework of the Sustainable Development Goals (SDGs), specifically 3, 6, 12, and 17, this article emphasises the critical role of BRICS collaboration in transforming biomedical waste management from a regulatory challenge to a catalyst for sustainable health and environmental governance.

59-80 8
Abstract

This article examines the conceptual foundations and peculiarities of public legal provision of state sovereignty in the People’s Republic of China and the Republic of India. It analyses the basic theoretical principles of the legal systems of China and India, the concepts of state sovereignty, and the legal design of state sovereignty of China and India. In China, the public legal provision of state sovereignty at the doctrinal level is based on the doctrine of Legism, which emphasises the idea of creating a strong state, the establishment of uniform laws and administrative orders that are binding on all members of the population, and the establishment of severe penalties for offences. In practice, this is reflected in the legislative framework, which is characterised by a relatively small number of acts as well as severe sanctions for crimes that infringe state sovereignty. In India, public legal provision of state sovereignty is based on the preservation of its centuries-old ancient culture and traditions, observance of the balance of legally enshrined rights and freedoms, and a respect for spiritual values. The pacifism of Buddhism and the tolerance, as well as the high degree of universality of the core values of Hinduism, formed the basis of the concept of state sovereignty, as enshrined in the Constitution of 1950, which prioritises the fundamental rights of citizens. It is important to note, however, that there are not many normative prescriptions on state sovereignty in Indian law. Nevertheless, the Indian state, in response to new challenges, not only maintains its independence and autonomy at the national and international levels but also pays great attention to the protection of human rights as a foundation of state sovereignty.

81-100 10
Abstract

This research presents a comparative analysis of territories with special legal regimes in the BRICS member countries. It examines both the theoretical foundations and the practical aspects of the functioning of territories with special status. The study examines such features as the legal status, purposes, and ways behind their creation, as well as their impact on the socio-economic development of the country. Based on legal analysis and regulatory practices, the authors propose a classification of these territories into five categories: administrative, unrecognized (or with limited recognition), economic (special economic zones), ecological (specially protected natural areas), and ethnic. The findings of this study aim to contribute to a deeper understanding of the effectiveness and developmental prospects of such territories within the context of the legal framework of the Russian Federation.

101-119 8
Abstract

This study analyzes the experience of smart city development in core BRICS jurisdictions, namely Brazil, Russia, India, China, and South Africa. The legal frameworks, as well as approaches towards management and implementation of the smart city concept, are examined. The research is methodologically based on a multidisciplinary approach, incorporating the analysis of academic literature, legal acts, and program documents. The authors explore top-down and bottomup approaches to the development of a smart city and conclude that both of the approaches have distinct advantages as well as certain limitations, which suggests the necessity of a combined model for both the regulation and implementation of relevant projects. The authors also maintain that BRICS as an institution may itself serve as aplatform to share and create appropriate tools. Additionally, a specialized mechanism for knowledge exchange and capacity building could be instituted within BRICS, aimed at systematically documenting and disseminating best practices, technical standards, and key insights on smart city development among member-states.

120-150 10
Abstract

Let us imagine a mix of corporate responsibility with constitutional values in order to bring up change in society. The paper is about how Corporate Social Responsibility (CSR) affects social and environmental welfare, especially given the mandatory Corporate Social Responsibility of India and the voluntary, Constitution-based Corporate Social Responsibility of Brazil. The Indian model as prescribed by statutory provisions of the Companies Act of 2013 provided for company contributions to public good in education, health, and rural development above all under institutionalized CSR compliance with constitutional provisions of social justice in absolute deviation to the looser CSR framework in Brazil farfetched from the 1988 Constitution, which emphasizes rather corporate freedommore of a labor right, biodiversity, social inclusion without any stringent regulatory mandates. The comparative analysis lies in both strengths and challenges for each of the two models structured compliance to the innovative but still overly illustrative engagement of Brazil in this case. Real-case studies like Tata Group and Vedanta Resources in India and Petrobras and Natura & Co in Brazil show how practices of CSR imply within these countries. The article describes the concept of constitutionalism for sustainable development and in further terms carries on reforms towards more effective outcome-based CSR in keeping with national priorities to build up inclusive growth and ecosystem-friendly development. The comparative leg between corporate social responsibility and duty of obligation in the Constitution creates an advancement towards a far more equitable and sustainable future.

151-175 9
Abstract

This study examines the legal and legislative framework for victim compensation in India, focusing on the Code of Criminal Procedure’s provisions and their interpretation by the courts, using data collected from lower courts in the state of Odisha. A robust framework to provide financial assistance to victims of crime has now been incorporated into section 357 (newly incorporated Bhratiya Nagarik Suraksha Sanhita, i.e., BNSS, Section 395 of BNSS) of the “Code of Criminal Procedure 1973” (hereinafter CrPC) in accordance with the recommendations of the Law Commission. According to section 357 of the CrPC, the victim may only receive compensation from the court in appropriate cases, and upon conviction, the accused must pay the compensation himself. This provision gives judges extensive authority to decide on compensation based on the specific facts and circumstances of each case. Furthermore, section 357-A CrPC (Section 396 BNSS), introduced in the 2009 amendment, also provides for compensation from state funds. Consequently, victim compensation has become standard practice, regardless of whether section 357 or section 357-A of the CrPC is invoked. Apart from these statutory provisions, there are several cases in which the Supreme Court has emphasised the significance of victim compensation, further elaborating on when and how the judiciary should use its discretion in granting compensation. This article examines and analyses how the judiciary has applied its discretion in interpreting and using the legislative provisions in the course of rendering victim justice. It examines the situations in which there are no guidelines in the statute to aid the court in assessing the amount payable and explores whether and how this gap has been addressed by the courts. The study also reviews several Supreme Court judgements that remind the criminal courts of the special powers vested in them to ensure complete and effective justice for the parties. Finally, the study assesses the implementation of these decisions by the lower courts in the state of Odisha to evaluate whether the judiciary’s intervention has been conducive to providing justice for the victim.

ARTICLE IN RUSSIAN

176-199 9
Abstract

The article describes the key legislative initiatives on the rights of indigenous small-numbered peoples of Russia introduced in the period from the 1990s to 2024. The adoption of the new democratic Constitution of Russia in 1993 instigated the development of indigenous people’s rights and their guarantees introduced by the Article 69 aimed to protect indigenous peoples’ ethnocultural identity. At the same time, basic federal laws in the field of indigenous communities’ self-government and traditional environmental management appeared only in the early 2000s. However, a broad public and parliamentary discussion took place continuously, which characterizes Russia as one of the most advanced jurisdictions in the world in the field of guarantees of the indigenous communities’ rights. This study provides an overview of 37 bills on the rights of the indigenous population of Russia.

CONFERENCE REVIEWS

Announcements

2023-08-17

Event digest

The BRICS Law Journal contributes to international discussion on research journals

On 8 August, the BRICS Law Journal hosted a webinar dedicated to the development and promotion of research journals. Editors, researchers, and authors from countries across the world came together to share their experience and knowledge on how to improve the quality, significance, and credibility of articles for publication, and thus the success of research journals.

During the event, guest speakers delivered presentations on the role of international journals, journal policies, and editorial processes. Particularly insightful were the topics on how to help authors promote their papers and how to establish effective collaboration between the editorial board, reviewers, and authors. 

The guest speakers, each with extensive experience in the field of research journals, included Elena Gladun, the Editor-in-Chief of BRICS Law Journal; Niteesh Kumar Upadhyay representing Galgotias University; Elizaveta Gromova representing the International Journal of Law in Changing World; Daniel Brantes Ferreira from the Brazilian Center for Mediation and Arbitration; and Aleksandra Zorina representing the University of Tyumen. 

It was especially gratifying to see that the webinar attracted not only representatives from the BRICS countries but also participants from other regions of the world, including the United States of America. This demonstrates that research journals attract attention and engage the interest of readers from different backgrounds yet with common interests, allowing for fruitful discussions and the exchange of ideas and knowledge.

The participants found the webinar to be highly informative and so useful that they decided to meet quarterly, organize more thematic webinars, and provide authors with mailings on major journal news.

The BRICS Law Journal thanks all webinar participants for their productive work! 

We look forward to taking part in similar events in the future and to seeing our friends, authors, and colleagues again.

The BRICS Law Journal is more than just a research journal - it is a community of thoughtful people who are always ready to assist each other in research and development.

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