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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 1 (2025)
View or download the full issue PDF

OPINION ARTICLE

5-19 159
Abstract

The techniques and content of legal education have not changed much over the years, but the law itself has changed a great deal. There is a clear need for law faculties to rethink their approach to teaching, including students who intend to embark on careers as legal practitioners, and others whose legal studies will take them in other directions. The core of legal training should, in the author’s view, be advocacy: the ability to present a case on behalf of another to a neutral reader or listener in a way intended to inform or to persuade. Obviously, legal education requires mastery of material, but far more emphasis needs to be placed upon how that material came into being, how it relates to other cultural phenomena, and how it can be used going forward. It is, moreover, essential for law teachers to be aware of the demands of globalization: they must expand their horizons to include developments occurring outside their own countries and legal regimes. This article suggests several devices that might serve to broaden law faculty curricula, and to promote the elusive goal of “learning to think like a lawyer” in the contemporary world: a set of skills that should be valuable to all students as they embark on their careers

ARTICLE

20-39 211
Abstract

This study analyzes the laws and regulations surrounding surrogacy in two of the BRICS countries, namely Russia and South Africa. In particular, the authors examine the list of persons authorized to act as parties to such a contract and the requirements that must be met. The methodological basis of the research is the multidisciplinary approach. The research methods employed included the analysis of scientific literature and legislation. Furthermore, this research examines issues related to determining a child’s origin when using assisted reproductive technologies. It also employs a comparative legal analysis to suggest potential solutions for resolving issues in this area that are relevant in both Russia and South Africa. This study is significant given that no comparative analysis of Russian and South African surrogacy legislation has previously been conducted

40-55 159
Abstract

This article examines the influence of CCTV on the realization of the person`s intention to commit a crime. The authors present the results of their own research which was conducted among Hungarian prison population (172 respondents) using a questionnaire method. The questionnaires were of a survey-type with a closed set of questions. The research sought to determine how offenders relate to CCTV, its role in crime prevention, and whether any differences in attitudes towards CCTV can be observed in terms of age and time spent in prison. In the course of the research, it was found that a significant negative correlation can be found between the time spent in a penitentiary institution and the fear of CCTV among those who spent more time in prison. Furthermore, it was also determined that the deterrent power of cameras is comparable to that of uniformed police officers. Research showed that CCTV’s effectiveness depends on factors such as camera placement, real-time monitoring, and integration with police patrols. While studies confirm reductions in certain crime types – particularly property crime and offenses in urban areas – other findings suggest CCTV primarily displaces crime geographically rather than preventing it. Offenders perceive cameras as deterrents in visible, well-monitored spaces, but this effect diminishes with sporadic deployment or inadequate implementation. This finding has significant criminological and national economic significance.

56-79 136
Abstract

In doctrinal sources, a claim for the recognition of property rights constitutes a special protection method that is not commonly found in the legislation of every country and is not widespread like vindication and negatory actions. However, there has been no sufficient research on the judicial means of correcting the errors that occur during the registration of real estate rights. This article is a comparative legal study of national laws of those countries that provide for the registration of rights (titles) in real estate but not for the acts (deeds) from which the rights emerge. It is commonly held that claims for the recognition of property rights are known only to some legal systems and are not found in the laws of several states. Our study revealed that this is not entirely true. First, claims for the recognition of property rights do exist in the laws of countries of the Romano-Germanic legal family. In several countries, they are enshrined at the legislative level; in other countries, they are formulated at the level of judicial practice and recognized in legal doctrine; while in some countries, this claim relates to contesting the registration of real estate rights. Second, there are analogs of claims for the recognition of property rights also found in common law legal systems, which operate through tort claims arising from two possible violations – conversion (appropriation) and slander of title (libel of the title). The many different methods and instruments for correcting registration errors in the laws of different countries may be described as a single type of claim – the claim for the recognition of property rights. This claim is applied when the reliability of an entry in the registry of the real estate rights is questioned or when the right of an individual entered in the registry is contested. Claims for the recognition of property rights aim to correct erroneous entries in the registry of rights to real estate when an individual considers themselves the owner of a real estate, but the real estate is registered under a different individual.

80-114 116
Abstract

The adoption by the International Labour Organization (ILO) of a special convention dedicated to the struggle against violence and harassment in the workplace, namely the Violence and Harassment Convention, 2019 (C190), is a special opportunity to research the level of protection against these phenomena granted by national legislations and to better understand the ways to improve it. The main objective of this article is to analyze the national approaches of the BRICS countries to the issue of harassment in the world of work in order to identify the current problems and the possible ways of solving them, including through the implementation of the norms of the C190 or following Violence and Harassment Recommendation, 2019 (No. 206) (R206). In the five sections of this article, each of which is dedicated to a separate member state of BRICS, the authors examine the national labor legislation and other laws that are relevant to the topic, the gaps in these norms as compared to the requirements of the C190, and the case law in this field. The research demonstrates that certain BRICS nations, such as South Africa, have implemented a legal framework to address and prevent harassment, having ratified C190. In Brazil, violence and harassment in the workplace are not regulated by a special law; instead, the country’s norms are rather fragmented and tend to protect mostly women, in particular against sexual harassment. On the other hand, countries such as China and India, despite their focus on prohibiting sexual harassment against women, often overlook the aspect of moral harassment. Russia tends to neglect both issues, altogether disregarding the inclusion of specific norms in the labor law.

115-139 188
Abstract

This study emphasizes the need for improved enforcement mechanisms within the competition law institutions of the BRICS countries, as these mechanisms play a vital role in ensuring fair competition and preventing anti-competitive behavior in their respective economies. The shifting trend of the digital market invites many challenges in the current enforcement mechanisms, particularly in India. For that purpose, a close examination of the institutional frameworks and enforcement mechanisms of competition law is required. This article starts with a brief introduction, highlighting the significance of the international competition law agenda and the BRICS countries. It also focuses on the evolution of institutional growth and the efforts undertaken by the respective national competition law authorities in the BRICS countries to improve their enforcement process not only during the COVID-19 pandemic but also to meet other upcoming challenges. Further, it examines whether these nations, including India, have adequately developed enforcement mechanisms or if they require more attention in order to effectively regulate. The results of this study reveal that the competition law agencies in BRICS have made tremendous efforts in this area, especially during the COVID-19 pandemic, and highlight a trending change in their enforcement mechanisms onto digital platforms. However, there are certain important areas where these nations need to improve their institutional framework, regulatory mechanisms, enforcement process, and other aspects. In the end, the author suggests some recommendations for policy-making and future implementations

140-160 114
Abstract

Approximately two-thirds of the world’s nations employ some form of lay participation in both criminal and civil proceedings, such as the use of juries, lay judges, jurors, lay magistrates, and members of lay courts, as well as other lay personnel. This paper examines the evolution and practice of lay participation in China and Russia, which were specifically chosen for this study of lay participation in justice since they share a common socialist past that influenced both their justice systems in the 20th century. The study employed a range of comparative legal methods, namely the micro-comparison, synchronous, and diachronic methods. The problem-chronological method was used to investigate the essential features of lay representation in civil and criminal proceedings, which helped determine the place and role of this social practice in the judicial system. The formal legal method was applied to analyze and interpret the legal norms that transformed and modernized the institution of people’s participation in justice. Historically, both China and Russia have adopted various forms of lay participation, from non-professional people’s courts to state courts with lay assessors. In China, the models of people’s participation in justice have evolved in tandem with changes in the legal system. For instance, traditional China preferred to resolve most civil disputes within local communities in accordance with the regional traditions and status-oriented norms of behavior. The People’s Republic of China has adopted the Soviet model of justice featuring people’s assessors. In modern China, the socialist legal tradition coexists with other traditions, giving rise to a hybrid model of people’s assessors characterized by specific Chinese features. In Russia, unlike China, completely non-professional courts existed only for a specific period of the Old Russian state, gradually giving way to state courts with lay participation. The Russian institution of lay participation in justice has a chronodiscrete nature, i.e. it is characterized by periodic changes from the quasi-Schöffen to the Schöffen model, from the Schöffen model to jury trials, and vice versa. However, there were periods in Russian history during which the Schöffen model coexisted with jury trials, mainly in the last quarter of the 19th century and in the 20th century

ARTICLE IN RUSSIAN

161-183 113
Abstract

Legal regulation governing indigenous rights related to the Northern lands and traditional economic activities began to take shape in the late Soviet and post-Soviet periods, when legislators established a special legal regime of land use for indigenous peoples, including for reindeer herding. Later, federal legislation was formulated based on international legal norms and the provisions of the Constitution of the Russian Federation, which guaranteed the rights of indigenous peoples to use the land as a material basis for their traditional activities. This article demonstrates that the current Russian legislation in this regard is merely symbolical, fragmentary, contradictory, and has gaps. The legislation of the Russian regions, in which reindeer herding is developing, partly compensates for the above-mentioned shortcomings. The most complete implementation is seen in Yakutia and the Nenets Autonomous Okrug regions, where land plots are assigned to reindeer owners with the obligation to use the allocated lands in accordance with land management projects and regulations that protect against the depletion of natural resources. This article references both domestic and foreign experience in this area and offers legislative proposals from an ethnocultural perspective that justify the right of northern indigenous peoples to reindeer herding as an integral form of their traditional economic practices. In this context, the free use of lands for reindeer herding should be guaranteed in the regions of traditional dwelling and economic activity; additionally, special regulations should be implemented to ensure the environmentally sustainable use of those lands alongside some adaptation measures that can be taken to protect reindeer herders from climate change. The abovementioned provisions can be incorporated in land and environmental legislation, as well as in the federal law on reindeer herding.

COMMENTS IN RUSSIAN

184-199 88
Abstract

The article analyzes the role and significance of the current Russian Constitution. It examines its advantages and disadvantages that have accumulated over the thirty-year period of its existence. The author also discusses the problems associated with the need to reform and modernize constitutional norms in order to improve legislation. It is noted that the development of national constitutional legislation is impossible without relying on progressive international experience and without taking into account the preservation of social principles and traditional values of its multinational people. The norms of the Constitution are an integral element of the country’s national security, a legal guarantor of the preservation of state sovereignty, independent domestic and foreign policy, national and constitutional identity.

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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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