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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.

Presentation (.ppt)

 

Current issue

Vol 12, No 4 (2025)
View or download the full issue PDF

ARTICLE

5-32 34
Abstract

In an era marked by the increasing importance of aGlobal South agenda to overcome environmental challenges, the BRICS have gained prominence as an influential actor in pursuing sustainable development. This paper investigates how transnational legal mechanisms have become indispensable in propelling sustainability in the BRICS context. It explores the complexities of current environmental legal documents and how the BRICS founding members have addressed them to understand the challenges associated with harnessing legal processes to foster sustainability. By analyzing the interplay between transnational legal frameworks and sustainability agendas, this research contributes valuable insights into the evolving landscape of global governance. It illuminates how BRICS nations navigate legal pathways to address environmental concerns, promote clean energy, and bolster socio-economic development while balancing their domestic legal frameworks. Finally, this paper underscores the significance of transnational legal processes, highlighting the implications for international sustainability efforts in an increasingly interconnected world, particularly in emerging economies.

33-48 23
Abstract

This study examines the population’s legal status within the climate change adaptation frameworks in the Russian Federation. The research aims to identify and analyze the contradictions between the de facto central role of the population as the primary bearer of climate risks and its ambiguous, underrepresented position in the national regulatory system. Employing a qualitative analysis of Russian strategic documents and federal legislation, the study reveals a regulatory gap: the population is not officially recognized as the “climate-vulnerable object” (CVOs) of the national regulation. Consequently, the population is not guaranteed with legal protection, though it is officially considered a beneficiary of climate protection measures. The current Russian model of climate adaptation can be described as technocratic and infrastructure-focused, ignoring specific social vulnerabilities, limiting direct resilience measures, and creating systemic legal uncertainty. The findings highlight a significant misalignment between Russia’s current approach and internationally dominant, socially-oriented paradigms centered on human rights, vulnerability, and public participation. The article suggests key recommendations for legislative development, including the official recognition of the population’s status, methodologies for assessing social vulnerability and non-economic losses, and the implementation of direct, targeted adaptation measures to foster a humancentric model of climate resilience.

49-69 24
Abstract

This article delves into the crucial need for harmonizing labor laws within the context of the expanding membership of BRICS nations. As the BRICS consortium expands, the necessity to align labor regulations and legal frameworks becomes even more critical. This study investigates the multifaceted rationales driving the demand for such harmonization, including the facilitation of economic integration, the promotion of equitable labor practices, and the strengthening of regional cooperation. By thoroughly examining the challenges and advantages associated with the harmonization of labor laws across the consortium’s diverse socio-economic and cultural landscapes, this article underscores the profound importance of adopting a unified approach to ensure fair labor standards and cultivate sustainable development within the burgeoning BRICS community. Through a comprehensive analysis of case studies and comparative assessments, this research makes a valuable contribution to the scholarly discourse on the intricate interplay between legal harmonization, regional expansion, and the advancement of labor rights in the context of the BRICS nations.

70-97 25
Abstract

Administrative violations are a type of violation that occurs commonly in society. In many cases, such violations are influenced by complex factors, including factors that reduce the level of risk that behavior poses to society. These are circumstances that mitigate administrative liability. Mitigating circumstances have a direct impact on the violator’s administrative liability. Specifically, the violator will suffer lower legal consequences than the violation in normal cases. Vietnam, along with some BRICS countries (such as Russia and China), is one of the few countries with laws on sanctioning administrative violations and specific regulations on circumstances that mitigate administrative liability. This article presents the results of our research on mitigating circumstances in the laws governing the sanctioning of administrative violations in Vietnam, the Russian Federation, and China. Additionally, the article compares and contrasts the regulations to draw conclusions about the similarities and differences in circumstances that mitigate administrative liability across the laws of these countries.

98-118 32
Abstract

The integration of smart contracts within blockchain technology represents atransformative approach to intellectual property rights (IPR) management, fundamentally altering traditional copyright enforcement mechanisms. This article demonstrates how distributed computer networks combined with automated regulatory devices provide superior alternatives to conventional IPR handling methods. Smart contracts reduce the need for arbitration through automated execution of predetermined terms and coding protocols. The implementation of blockchain-based smart contract systems enhances proprietary rights management, which can be particularly relevant for the BRICS nations currently facing evolving digital governance challenges. Research indicates that automated proprietary system networks are progressively superseding traditional IPR management approaches. The development of automated governance systems, coupled with decentralized IPR frameworks, presents both opportunities and regulatory challenges for the BRICS countries. Embedded payment mechanisms within smart contracts ensure automatic royalty distribution when copyrighted content is accessed, eliminating manual processing burdens and associated costs for creators. The implementation of smart contracts also enhances agreement integrity and reduces plagiarism risks through the use of immutable blockchain records. This study examines how organizations can establish enhanced trustworthiness and optimize digital business processes through blockchain-based copyright management. Advanced analytical tools accelerate the understanding of both the benefits and limitations within current copyright frameworks. Users are able to seamlessly access blockchain systems, creating multiple account types as required. Every blockchain entry provides transparent records of content usage and account activities. The digital system prevents misrepresentation by maintaining visible platform activities that are accessible to all stakeholders, ensuring comprehensive transparency of development and execution history for all agreement participants.

119-146 51
Abstract

This paper explores the dimensions for systematic collaboration in forensic linguistics among BRICS nations, specifically Brazil, India, and Russia. In an increasingly globalized world where crimes are frequently committed through text or speech, the topic is vital. A review of scientific literature reveals that while some countries possess solid domestic foundations in forensic linguistics–encompassing forensic phonetics and authorship analysis–the focus has remained on national applications, overlooking opportunities for exchanging knowledge internationally. The research employs a“compare and contrast” methodology to systematically analyze the techniques, legal frameworks, and applications in these three countries. Russia’s approach is characterized by scientifically grounded techniques using phonetics, acoustics, and advanced quantitative software. Brazil similarly employs precise perceptual-auditory, acoustic, and stylometric analyses. In contrast, Indian experts have recognized the need to integrate such methodologies into their justice system. The article argues that mutual exchange of linguistic knowledge and practical experience can refine existing methodologies, help establishing effective practices in India, and ultimately enhance crime investigation and resolution across the BRICS+ alliance. Such collaboration is particularly crucial for combating anonymous online crimes, where advanced linguistic analysis can significantly improve investigative efficiency

147-166 17
Abstract

The article examines the approaches and specifics of legal responsibility in the context of artificial intelligence (AI) systems, focusing particularly on private and public law. The study aims to analyze current legal mechanisms for responsible use of AI systems, with a particular emphasis on BRICS and the European Union jurisdictions, in order to identify effective regulatory approaches for AI activities. The paper also discusses ethical and ‘soft’ regulatory mechanisms for AI applications. Special attention is given to international recommendations on AI governance and harmonization of transparency and accountability standards on a global scale. The authors highlight the significant initiatives of private law, driven by the active integration of AI into private economic sectors, as well as the flexibility of companies in developing internal standards and ethical codes. In conclusion, the article emphasizes the need for integrating private and public responsibility mechanisms, and harmonizing international standards to ensure the effective protection of citizens’ rights while fostering innovation.

COMMENTS

167-190 21
Abstract

Modern society has witnessed the rapid pace at which the digital transformation is taking place in all public spheres without any exception. In parallel, there are obvious and dangerous processes of crime digitalization, with unprecedented growth rate of crimes committed using information and telecommunication technologies. With the development of information technology and the expansion of the digital space, the issues of security and combating crime related to computer information are becoming increasingly relevant. It is quite obvious that in such conditions, the state and law enforcement agencies should propose effective and coordinated criminal policy measures aimed at guarantying law and order and protecting the interests of individuals, society and states from new information and digital threats, which is impossible without fundamental legal research of the main reasons directly affecting various spheres of human activity, including the economy, politics, social relations, and security–the new legal institute of computer information. All BRICS member countries contribute to the development of modern legislation, relevant legal theory and practice forming national legal standards of criminal policy, which requires comparative legal research and a systematic, verified normative and technical approach. The integration processes taking place in the BRICS create conditions for the study, interpretation and modification of criminal law norms in Russian law, as well as prerequisites for the internationalization of law, closely related to its evolution. The article is a study aimed at trying to identify stable patterns, internal and external systemic relationships of the legal institute of computer information in criminal law as a complex, multidimensional and interdisciplinary phenomenon requiring high-quality scientific study and consistent regulation. This will create the basis for the development of effective proposals to improve legislation and measures aimed at ensuring information security and countering criminal activity in the information and telecommunications sector. In the study, various scientific methods have been used, dialectical, comparative legal, systemic structural among others. The materials for the study are based on the analysis of legislative acts of the BRICS countries, scientific publications and research of specialized organizations, investigative and judicial practice, as well as electronic resources and databases. An integrated approach made it possible to provide a comprehensive and in-depth study of the topic, taking into account both theoretical aspects and practical experience in countering crime in the field of computer information. The study of the best international practices of the legal regulation in the criminal law of the BRICS member states creates prerequisites for their implementation in Russian law and the development of scientifically justified proposals to improve Russian criminal policy and criminal legislation aimed at ensuring information security and countering criminal activity in the information and telecommunications environment.

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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