BRICS Law Journal

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Academic peer-reviewed journal “BRICS Law Journal”

The BRICS is an acronym for an association of Brazil, Russia, India, China and South Africa, evolved from mere investment lingo to an organized network, in the process assuming a greater geopolitical role aimed at institutional reforms that shift global power. All five countries adhere to principles of inclusive macroeconomic and social policies and are focusing on responsible national growth strategies. The BRICS Law Journal is a platform for relevant comparative research and legal development not only in and between the BRICS countries themselves but also between those countries and others. The journal is an open forum for legal scholars and practitioners to reflect on issues that are relevant to the BRICS and internationally significant. Prospective authors who are involved in relevant legal research, legal writing and legal development are, therefore, the main source of potential contributions.

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Current issue

Vol 10, No 4 (2023)
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5-34 39

Massive inclusion of artificial intelligence (AI) in the technosphere and electronic governments urges an update in legal regulation of these and related areas. The issue converges on the key question of whether AI can be endowed with legal personhood and capacity. Opposing views in this respect build on hardly compatible ethics and largely outdated scientific grounds with a clear perspective for deep cultural antagonisms and further fragmentation of the world. We contribute to this debate from the perspective of quantum cognitive science and show how it can resolve some of the current impasses. Our approach builds on the quantum-theoretic refinement of the concept of uncertainty into quantum and classical types: classical uncertainty denotes subjective ignorance of the present state of affairs, while quantum uncertainty accounts for individual freedom to construct the future. We show that legal capacity of intelligence, at bottom, is defined by the type of uncertainty it is capable to resolve. Natural intelligence, in particular, can resolve quantum uncertainties, generating genuine novelty and affective experience in the process. Classical AI, in contrast, is limited to algorithmic computation, bound to produce predefined results regardless of its complexity. Concepts of decision-making, subjectness, creativity, and personal meaning then are recognized as physically inapplicable to such systems. The proposed definitions of these terms complement and sharpen the criteria of legal capacity in the existing legislations, indicating that “autonomy” is essentially equivalent to “appreciation.” Classical AI then appears as fundamentally alien to subjectness and legal capacity both in civil and common laws, resolving a delicate contradiction between them. Quantum-empowered AI, in contrast, escapes this conclusion due to its access to quantum uncertainty, introducing novel challenges with respect to responsibility gaps and meaningful human control. The developed approach aligns with the present legal practice and ethical discourse, contributing to the scientifically informed development of law in technological societies.

35-52 19

The USA leads the way in the Global Cybersecurity Index, in particular 1st place in 2015, 2020 and 2nd in 2017, 2018. Researchers are interested in examining their prevention of cyberattacks as one of the main cybersecurity threats, since Russia takes only 5th place since 2020. Provided the authors underline neglecting the principle of organized response to crime, the paper examines the pros and cons of countering cyberattacks in the U.S. energy sector and compares it with the Russian Federation. The researchers have found the American strategy is based on standardization and various platforms on the grounds of so-called security in depth, while Russian approach is wider, but demands for more details and miscellaneous mechanisms to share experience. Comparing the cybersecurity plans and strategies for U.S. energy facilities, the authors note that the U.S. specialists neglect physical safety in comparison to Russia. The diversity of bodies with vague powers is a con of the American system that the Russian Federation is trying to avoid, but the interaction between government and private representatives is stronger in the United States of America.

53-67 19

The digital revolution has changed many facets of daily life over the past few decades. Think about how personal computers and smartphones are becoming more powerful and smaller, how the Internet has spread throughout the world and led to the emergence of new forms of social interaction, and how there is always access to massive volumes of automated algorithms processing cloud-based data that is utilised in a number of settings. Similarly, it has been observed that blockchain technology has the potential to provide clever fixes for traditional inefficiencies of corporate governance, particularly in the dynamically evolving paradigm in the emerging economics like BRICS nations i.e., Brazil, Russia, India, China, and South Africa. This paper aims to explore the possibilities of adopting blockchain technology within the arrays of internal governance mechanisms while emphasizing on the redressal to legal and regulatory challenges. The paper also critically analyzes the implication and utility of this evolved technology in the corporate governance systems of BRICS nations.

68-97 35

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.

98-120 22

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.

121-141 20

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.

142-161 14

The digitization of the economy creates new challenges that affect the tax security of a state. These challenges have both positive and negative effects on the economy. This study is devoted to the challenges brought about by a digital economy that result in the necessity of responses from governments and international organizations. First and foremost, there is a lack of necessity for physical presence in the digital state. Second, there is a significant need to offer incentives for IT companies that are, on the one hand, the key leaders of the economy in the modern world and, on the other hand, have been most affected by the conditions of economic crises since 2020. This article is part of a project that is aimed at solving the problem of forming the concept of tax security in order to prevent or neutralize the influence of negative geopolitical and foreign economic factors on the development of the various economic sectors with the help of economic and legal instruments. Thus, this article sheds light on the experiences of the BRICS member states, especially those of the Russian Federation, in facing and addressing the challenges that result from the rise of a digital economy.


162-185 19

In recent decades, scientists have been discussing ways of involving the population in social and political processes. Terms such as “civic participation,” “civic control,” “participation in the government of the power-poor,” etc. are widely used in scholarly discourse on this subject. The research related to social and political activities is conducted within various thematic areas based on “political participation theory” and “participatory democracy theory,” as well as on “theories of economic and digital inequalities.” According to the vast majority of scientists, increasing digitalization is known to expand the forms of participation and transform the public administration at all levels concerning joint governance and a citizen-centric approach, taking into consideration the opinion and active participation of citizens in the production and execution of policy decisions. This article presents the results of a study that investigated whether modern digital services allow citizens to participate in and influence the social and political processes taking place at various levels of government. In addition, the study demonstrates how modern digital technologies promote the maximum participation of the most socially vulnerable categories of the population, as well as how such factors as the level of digital competence, the level of income of the population, and the level of digitalization of territories limit this participation. In order to assess the modern digital forms and the use of these forms in a citizen’s interaction with the authorities, a survey of 1,200 residents of villages and towns located in the south Tyumen Region was conducted. The ways in which the residents living in the towns and villages of the Tyumen Region were able to express their civic positions were determined and the proportion of citizens using digital technologies was noted. The study also assessed the availability and demand for digital technologies by citizens to express their social and political activities, as well as the primary factors that limit their social and political participation. Moreover, this research showed that age, education, and digital competence and awareness were the main factors influencing a citizen’s propensity to use modern digital technologies for social and political activity. The hypothesis that the demand for digital services by citizens living in remote districts should be higher than that of urban residents was not confirmed. On the contrary, for a wide range of services, the assessments of demand and accessibility are higher among the residents of cities than among the residents of rural municipal districts, with the highest assessments coming from the residents of the regional capital. This fact is associated with a higher level of digital competence among citizens, a higher level of digitalization of the regional capital, as well as a higher level of income, which allows them to more actively master and use all these services. Additionally, this article is addressed to researchers interested in various aspects of social and political participation, as well as to politicians who make decisions regarding the development and implementation of new forms of digital interaction between citizens and the authorities that enable citizens to demonstrate their civic position.



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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