RUDN Journal of Law最新文献

{"title":"Constitutional legal understanding: historical, theoretical and sectoral aspects","authors":"Maria R. Romashova, Vladislav Yu. Panchenko","doi":"10.22363/2313-2337-2024-28-2-378-389","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-378-389","url":null,"abstract":"In the context of the constitutional law of Russia, the problem of interpreting the Constitution has traditionally been reduced to different views on it as a written document with a special political and legal status. In different periods of Russian history, the Constitution was perceived differently, which was reflected in different understandings of the relationship between the Constitution and the state, the Constitution and legislation, the constitution and human rights. One of the important aspects for the interpretation of the constitution was the interaction between the Constitution and constitutionalism, as well as state and constitutional law. Within the framework of this problem, the object is the phenomenon of constitutional legal understanding, considered as a theoretical and praxiological construction that combines scientific views and empirical ideas reflecting the formal and substantive features of the Constitution and constitutional law at different stages of the development of the legal system of Russia. The article explores the problem of legal understanding and law understanding in the domestic legal tradition, the understanding of the Constitution in the context of cyclical politogenesis, as well as the problem of constitutional law understanding in the context of the concept of a «living» Constitution.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"49 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141358713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The main mechanisms for the implementation of codes of corporate ethics in the activities of multinational corporations","authors":"Aleksandra S. Kasatkina, Azizbek A. Ulugnazarov","doi":"10.22363/2313-2337-2024-28-2-345-359","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-345-359","url":null,"abstract":"The corporate code of ethics of a transnational corporation establishes a global standard for business ethics, serving as a corporation’s “calling card” and a self-regulatory mechanism that enhances the corporate identity. The reputational aspect of corporate codes of ethics aims to demonstrate the transparency of the corporation in the relevant industry market, thereby fostering a certain level of trust from of external stakeholders. This article addresses fundamental issues concerning the legal nature of corporate codes ethics. It analyses the main mechanisms and methods of implementing these codes in the daily business activities of corporations. Specifically, the following issues are examined: the position and role of codes within the framework of local regulatory acts, employees’ adherence to codes within the scope of labor discipline, incentivizing counterparties to adhere not only to contract terms but also to the code norms and incorporation of corporate codes of ethic into the compliance system. Throughout the exploration of these topics, the authors address the key challenges and trends in the adoption, application and adherence to corporate codes of ethics by corporations. The paper provides critical analysis of the role of corporate codes of ethics in regulating labor and contractual relations involving corporations, as well as within the compliance system. The research methodology is based on formal logic, comparative legal, dialectical, and system-structural methods.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"100 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141359221","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Review of the IV scientific and practical seminar held at the First Court of Appeal of General Jurisdiction on December 1, 2023, on Copyright Protection and (or) Related Rights in Information and Telecommunications Networks, Including the Internet","authors":"Dmitry A. Lepeshin, Tatyana V. Dautiya","doi":"10.22363/2313-2337-2024-28-2-454-463","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-454-463","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141359354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Proof and proving: legislative technique of criminal procedure laws of the Republic of Moldova and the Russian Federation","authors":"Alla V. Vereshchagina","doi":"10.22363/2313-2337-2024-28-2-436-453","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-2-436-453","url":null,"abstract":"Proof and proving lies at the heart of criminal procedure regulation, significantly impacting the quality of law enforcement. In the post-Soviet states that once shared a unified legal system during the USSR dissolution, original criminal procedural laws emerged, exhibiting intriguting examples of evidence and proof rules’ layout. The purpose of the study is to discern the distinct design characteristics of evidence and prove institutions in the criminal procedure laws of the Republic of Moldova and the Russian Federation. The study’s methodological framework rests upon the general scientific principles of cognition such as objectivity, comprehensiveness, pluralism, and historicism. It employs historical, formal-logical and comparative methods, as well as document analysis. By comparing the normative models of evidence and proof institutions in Moldovan and Russian criminal procedure laws, a shared approach to the concept of evidence as a fusion of form and content becomes apparent. Distinct features of the Moldovan criminal procedure law include the systemic and structured arrangement of evidence rules, the formal adoption of the concept of a means of proof, and precise use of terminology. Conversely, the Russian criminal procedure law disperses evidence rules actoss general and specialized sections, leading to regulatory duplications and terminologicals inaccuracies. The historical roots of the evidence and proof institution layout trace back to November 20, 1864, Charter of Criminal Procedure. The Charter’s systematization of norms reflected the nuances of the pre-revolutionary Russian process. Despite the subsequent stage structuring evolution during the Soviet era and procedural form differentiation, the Soviet legislator retained the pre-revolutionary rules’ systematization on evidence. Presently, the current criminal procedure law maintains much of the previous regulatory content, highlighting essential areas for enhancement in evidence and proof institution design to allign more closely with the process’ stage structure and procedural form differentiation, thus mitigating potential abuse of rights. Addressing these design shortcomings is crucial. Rectifing Russian legistation following the comparative study allows drawing insights from Moldova’s legislative experience.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"88 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141359691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Review of the International Scientific Legal Forum in memory of V.K. Puchinsky “Comparative legal aspects of civil legal relations in the modern world”, 13th October 2023","authors":"E.P. Rusakova, E. Frolova","doi":"10.22363/2313-2337-2024-28-1-242-249","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-1-242-249","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" 35","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140391378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ratings of legal scholars and RUDN Journal of Law","authors":"Polina N. Andreeva","doi":"10.22363/2313-2337-2024-28-1-255-256","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-1-255-256","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140391976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The legal regime of the share in the authorized capital of a limited liability company acquired by spouses during marriage, during the life of the spouses and after the death of one of the spouses","authors":"Natalia V. Kozlova, Sophia Yu. Filippova","doi":"10.22363/2313-2337-2024-28-1-145-162","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-1-145-162","url":null,"abstract":"The authors analyze the legal regime of a share in the authorized capital of a limited liability company acquired during marriage, as well as the legal fate of this share in the event of death of one of the spouses. Acquisition of a share is basic for acquisition of corporate rights to participate in the company. Since the legal regime of joint ownership presupposes the ownership of property without determining the shares of each co-owner, regardless of which spouse is registered in the Unified State Register of Legal Entities, both spouses are members of the company and considered as one subject (legal relationship with multiple persons). Any of the co-owners has the right to act in exercising general corporate rights as an authorized person, forming a single will. Increments received from owning shares (income) go into the common property. After the death of a spouse, the common joint property is transformed into the individual property of the surviving spouse, who receives ½ of the common property of the spouses. The second half of the common property is considered to belong to the deceased spouse, and therefore is included in the inheritance mass and undergoes through the procedure of hereditary succession. The transformation of common joint property into the individual property of the surviving spouse is not a transfer, since in this case there is no termination of the surviving spouse’s property rights. The rules governing the transfer of a share in the authorized capital of the company to third parties are not applicable to such transformation. A share in the authorized capital is an indivisible property, and therefore the legal fate of the share is the same.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" 44","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140391352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Unilateral coercive measures against Cuba, secondary sanctions and “crawling” extraterritorial jurisdiction","authors":"T. Mikhaliova, E. Frolova","doi":"10.22363/2313-2337-2024-28-1-119-144","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-1-119-144","url":null,"abstract":"Is a retrospective review of the U.S. regulatory policy and sanctions imposed on Cuba, citizens and legal entities of this country, as well as against third countries and persons related to this state. The aim is to comprehensively understand the scope of such restrictive measures. The research provides a brief analysis of the impact of such measures on civil and business relations along with examples of secondary sanctions and the use of extraterritorial jurisdiction, which have a negative and long-term impact on the business partners in terms of excessive compliance with restrictions (overcompliance). The authors offer assessment of concepts of economic coercion, extraterritorial jurisdiction, as well as limits of responsibility of private and public actors for breach of legal obligations due to compliance with sanctions restrictions. Continuing the study of issues related to consequences of unlawful unilateral application of restrictive economic measures against a number of states by the U.S., the EU and imposition by countries of their jurisdiction on the parties of a dispute, including those complicated by a foreign element, in the process of dispute resolution , raised by authors' colleagues on scientific research in their published scientific articles (Tsepova E.A. Unprecedented law: Protecting the Russian financial system against the impact of sanctions. RUDN Journal of Law . 2022. Vol. 26. No. 3, 655-677; Ermakova E.P. When the “pro-arbitration” policy of the United States becomes aggressive . Eurasian Law Journal . 2023. No. 5 (180), 77-80; Rusakova E.P., Frolova E.E. Digital disputes in the new legal reality. RUDN Journal of Law. 2022. Vol. 26, No. 3, 695-704), the authors come to the conclusion that it is necessary to develop obligations directly as the duty of businesses to comply with universally recognized norms regarding property, non-discrimination, legal certainty even under the pressure of secondary sanctions and unlawfully expanding extraterritorial jurisdiction of certain countries imposing sanctions, as well as understanding the complex negative impact on the structure of all levels of the economy and sustainable social relations, as well as de jure existence of already designated legal positions on the need to gain consolidated support from all the actors of international communication to overcome the existing rupture: condemnation and recording of illegality in the public law field and forced compliance with such non-legal requirements of certain jurisdictions in the domain of private law relations.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" 31","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140391381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"History and current state of parliamentary oversight in Iraq","authors":"Ammar Raad Ali Jihad","doi":"10.22363/2313-2337-2024-28-1-63-79","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-1-63-79","url":null,"abstract":"The phenomenon of Iraqi constitutionalism traditionally arouse skepticism among researchers. This is due not only to the historical difficulties faced by Iraqi constitutionalism, but also to the lack, according to researchers, of effective mechanisms for legal protection of the constitution. Among such mechanisms is the institution of parliamentary control in Iraq and its historical predecessors that has received virtually no coverage among Russian constitutional scholars, which determines the relevance of the study. The object of the study is the history and current state of parliamentary control in Iraq. Having proposed his own periodization of the history of Iraqi statehood, the author analyzes the main sources of legal regulation of parliamentary control in each of the identified historical periods, also referring to the assessments of applying constitutional provisions practice and assessments of contemporaries. The research method is the analysis of relevant normative regulation and practical implementation of constitutional norms on parliamentary control based on the assessments of constitutional scholars. The author concludes that the institution of parliamentary control in Iraq emerged in the late Ottoman era and strengthened in the first half of the XX century, after which it was dismantled for political, ideological and legal reasons. The author analyzes the current state of the institution of parliamentary control in Iraq, including atypical control powers of modern parliament. According to the author, their emergence is a reaction of the constitutional legislator to consistent oppression of mechanisms of popular representation, which, however, led to radicalization of the role of parliament in the system of separation of powers in Iraq.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140391713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Review of the scientific and methodological seminar Public Authority and the Law of Nomadic Peoples","authors":"T. Mikheeva","doi":"10.22363/2313-2337-2024-28-1-231-241","DOIUrl":"https://doi.org/10.22363/2313-2337-2024-28-1-231-241","url":null,"abstract":"<jats:p>-</jats:p>","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140391318","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}