RUDN Journal of Law最新文献

{"title":"Forms of legal regulatory framework in the labor law of Russia","authors":"Xenia E. Dovgan","doi":"10.22363/2313-2337-2023-27-3-715-730","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-715-730","url":null,"abstract":"The study is devoted to the legal regulatory framework and its forms of manifestation. The material is based on the analysis of certain provisions of labor legislation. Labor legislation is the joint jurisdiction of the Russian Federation and its constituent entities and combines simultaneously several levels of legal regulation, namely federal, regional, local and others. Further research of the theory of framework legal regulation involves an analysis of the forms of its manifestation in particular branches of law. Legal regulatory framework is built on the legal norms that set certain limits of legal regulation, while their specification depends on the discretion of the law enforcer. In labor legislation, there are norms of different degrees of certainty. The logical constructions of individual legal norms of labor legislation are characterized by certain uncertainty. Legal uncertainty provides for the right to the subjects of legal relationship or the law enforcer to act at their own discretion. It seems relevant to investigate the properties of relatively determinate norms of labor legislation, and to analyze the specifics of the legal regulatory framework mechanism, based on the analysis of judicial practice.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"94 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138998806","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 emotional sphere of an employee as an object of legal protection","authors":"Oksana A. Kursova","doi":"10.22363/2313-2337-2023-27-3-731-747","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-731-747","url":null,"abstract":"The issue of protecting the emotional sphere of an employee in the structure of personal non-property rights in the science of labor law has not yet been subjected to a separate scientific analysis, but now it is being updated more than ever. This is primarily due to the fact that in the modern information society, in the conditions of service economy, when the usual way of labor relations, inherent in the era of industrial labor, is changing, the problem of determining the boundaries of the employer's power over the employee again comes to the fore. Only now these boundaries need to be set, taking into account not only physical, but also psycho-emotional professional risks. The article attempts to substantiate the category of \"emotional\" rights of an employee as the main object of protection in the structure of the employee's personal non-property rights. The analysis of scientific literature, normative regulation and law enforcement practice on the issues under study shows that the universal recognition of the importance of personal non-property rights does not ensure the effectiveness of their legal protection, which in turn is associated with the uncertainty of the object of protection of personal non-property labor rights. On this basis, it is proposed to specify and clarify the object of legal protection in the construction of personal non-property labor rights, which, from the point of view of the author, includes the psycho-emotional sphere of the employee. This approach allows to define the mechanism of legal protection of personal non-property labor rights in a more constructive way.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"96 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139000402","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":"Administrative and territorial changes in Kalmyk steppe of Astrakhan oblast in the late XIX-early XX centuries","authors":"E. Komandzhaev","doi":"10.22363/2313-2337-2023-27-3-626-648","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-626-648","url":null,"abstract":"The relevance of this issue is caused by its understudied nature: in a small number of works there are only fragmentary notes about the landmark events of the government policy in Kalmyk uluses of Astrakhan oblast in the late 19th - early 20th century: the management transfer of Kalmyk uluses to the Ministry of Internal Affairs and the administrative reform of 1910. The influence of the reform of 1892 in Kalmykia on changes in the management system is in the focus. The issue is also actualized by the necessity to attract new and varied record-keeping sources. The purpose of the work is quite specific: to present a detailed description of administrative-territorial changes in Kalmyk steppe on the basis of a wide range of archival records, which we are introduced into scientific circulation for the first time. The study is based on the application of culture and civilization and interdisciplinary approaches, which, combined with the principles of historicism, system analysis and objectivity, allows to create a reliable picture of administrative and territorial transformations in a specific region with a traditional way of life. The content of the administrative and territorial policy in Kalmyk uluses was the \"routine\" activity of the administration, self-government bodies and officials in initiating, preparing and making decisions. The completed milestone events were the reform of 1892, the transfer of Kalmyk administration to the jurisdiction of the Ministry of Internal Affairs and the administrative reform of 1910. During the period under study, the government tried to carry out administrative and territorial transformations in Kalmyk uluses as an important part of the general, including social and land, reorganization of Kalmyk society. However, this large-scale plan was only partially implemented due to stability of the civilizational and cultural features of Kalmyk society. The government was forced to limit itself to some streamlining of the activities of local governments, transferring the administration of the Kalmyks to the jurisdiction of the Ministry of Internal Affairs, creating zargos (courts) in all uluses, and enlarging Kalmyk aimaks and khotons by the 1910 reform.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"25 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139000727","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 oath at the adoption of the Russian allegiance / citizenship: traditions and novelties","authors":"R. Pochekaev, Nikita V. Tarasov","doi":"10.22363/2313-2337-2023-27-3-595-608","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-595-608","url":null,"abstract":"Inclusion of the clause on the oath at naturalization in the Federal Law “On Citizenship of the Russian Federation” in 2017 makes understanding of historical experience of such an institution in Russia in the past, relevant. The paper is an attempt of comparative legal study of the modern institution of the oath at naturalization and similar institutions that existed in the Ancient Rus’, Moscow state, Russian Empire. It is emphasized that for a long time the institution of the oath was not formaly established; however, it was established at first in relation to natives of Eastern countries, while the oath of Europeans who accepted a Russian citizenship was not regulated in form and content. Authors raise the question to what extent the historical traditions of our country were taken into account in the development of the modern oath of Russian citizenship. To answer this question, the basic elements of the institution of the oath including terms of adjuration, ceremonial, content and legal formalization have been examined. The study is mainly based on the formal-legal, historical-legal and comparative-legal methods.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"117 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138999472","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":"International legal regulation of the circulation of dual-use biotechnologies","authors":"Aslan Kh. Abashidze, V. Malichenko","doi":"10.22363/2313-2337-2023-27-3-541-563","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-541-563","url":null,"abstract":"The COVID-19 pandemic has demonstrated the vulnerability of each country, regardless of the economic well-being and health system development, highlighting the need for further rethinking of the global security and human security concepts. The need to sustain the spread of infectious diseases, as well as the treatment of life-threatening diseases, determine the relevance of scientific research on all key aspects related to the development of technologies, both by states and non-state actors. In view of the efforts made over the past decades, significant advances have been made in the field of biotechnology, which allows to detect the vulnerability of viruses, as well as to influence the genes responsible for the development of diseases. Such trends not only contribute to ensuring the human right to health and the right to enjoy the benefits of scientific progress, but also bring humanity closer to executing Sustainable Development Goals. The reverse side of the scientific research increase is the expansion of the availability of scientific data, as well as the simplification of the reproduction of various technological solutions, which leads to the risk of their use for military and terrorist purposes. The development of technologies, the use of which can not only counteract life-threatening diseases, but also create new threats to human security, has influenced the formation of the term “dual-use technologies” in the scientific literature and documents of international organizations. The article presents a systematic analysis of biotechnologies impact on the formation of “human security” concept, as well as the definition of “biological security” concept. The authors consistently consider international treaties, as well as documents of international intergovernmental organizations and non-governmental organizations in the field of regulating the circulation of technologies that pose a threat to state security. Special attention is paid to the consideration of the features of control over the spread of biological agents in the context of the activities of the European Union, as well as ensuring the implementation of the national security strategy of the Russian Federation.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"8 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138997953","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":"Telemedicine and experimental legal regimes in the field of healthcare: problems and prospects for implementation","authors":"M. Davydova","doi":"10.22363/2313-2337-2023-27-3-564-582","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-564-582","url":null,"abstract":"In connection with the adoption of Federal Law No. 258-FZ of July 31, 2020 “On experimental legal regimes in the field of digital innovation in the Russian Federation,” a number of initiatives have been developed to establish experimental legal regimes in the field of telemedicine. The idea of using digital technologies in medicine is certainly relevant. On the one hand, the prospect of remotely receiving medical services is practically in demand; on the other, the level of technology development currently allows for a significant expansion of their implementation. The need to turn to the institution of an experimental legal regime is due to the fact that the current legislation contains norms that seriously complicate the process of widespread dissemination of telemedicine services.The purpose of the study is to reveal the theoretical characteristics of the concept of telemedicine and its current state, to identify legal obstacles to its development, to conduct a comparative analysis of existing draft programs of experimental regimes, to assess the problems and prospects for the development of telemedicine technologies in modern Russian practice. The study is based on domestic and foreign scientific sources of both legal and medical nature, as well as current and projected legal acts in the field of medical services, digital technologies, and personal data protection. Formal-legal, comparative-legal, statistical, and prognostic methods are used. Several problems that require a conceptual solution, including the issue of the safety of personal data and the issue of responsibility for a medical error resulting from the use of artificial intelligence technology or a technical device have been identified. Both are unlikely to be completely resolved at the current level of legal regulation and technological development. This, however, only confirms the need to introduce appropriate experimental regimes in order to use the accumulated empirical material to find solutions to existing and abstractly predictable problems.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"59 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138999109","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":"Qualification of private divorce in private international law of Germany","authors":"D. V. Tarikanov","doi":"10.22363/2313-2337-2023-27-3-765-784","DOIUrl":"https://doi.org/10.22363/2313-2337-2023-27-3-765-784","url":null,"abstract":"The private divorce is such a dissolution of marriage that does not require the participation of the state. The examples are the Islamic talaq in its original concept still existing in some Arabic countries, the customary divorces in some countries of Sub-Saharan Africa as well as, according to the prevailing opinion in Germany, the divorce by mutual consent in the Far-East countries (Japan, Thailand, South Korea). The problem of classifying a divorce in the situation when European legal order raises the question of its recognition is generated by the fact that there is a conflict method for assessing the validity of transactions made abroad in classical private international law, on the one hand, and, on the other hand, the divorce in the European legal orders is the public instrument which is performed by the state or at least by its active participation so that for the purpose of recognition it is submitted to the special procedure of recognition and enforcement of foreign judgments. Private international law of Germany is a unique case of dual classification of the foreign private divorce both as a public instrument (on the ground of fiction) and as a legal transaction according to the purpose of classification. To apply the procedure of recognizing foreign private divorce in Germany, such a divorce is equated to the foreign public instrument. To determine the scope of verification, such a divorce is regarded as a legal transaction and submitted to the conflict of laws-approach, not to the approach of procedural recognition.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"9 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139000226","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":"Political Corruption Monitoring System in Georgia","authors":"Natia Mogeladze","doi":"10.60131/jlaw.1.2023.7069","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7069","url":null,"abstract":"
 Georgia treated combating corruption, a harmful socio-political phenomenon, as one of the top priorities of public policy and, sharing international experience, has defined the regulation of the legality of political finance as an important element of the anti-corruption strategy.
 In 2011, material changes were introduced in the Organic Law of Georgia on Political Associations of Citizens. The reform offered a completely new political corruption monitoring system in the country. They established the Financial Monitoring Service of Political Parties within the State Audit Office of Georgia with the main task to control the legality and transparency of political finance. To that end, the Monitoring Service was assigned to monitor and ensure the transparency of the revenues and expenses of the political parties and also was given the power to apply administrative proceedings and sanctions.
 Since 2022, this mandate, along with other anti-corruption duties, has been granted to a legal entity under public law - the Anti-Corruption Bureau, which is independent in its operations and reports only to the Parliament of Georgia and the Interagency Anti-Corruption Council.
 We will try in this study, giving due consideration to the best international practices, to analyze the specifics of the agencies controlling political corruption and assess the outcomes of their operations in the scope of the mandate. We will discuss the problems that remain a challenge based on the legislation applicable today and are a bar to the process of developing a more effective and result-oriented anti-corruption system.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365676","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":"Problems of Parliamentary Oversight on Secret Activities of Institutes of National Security Assurance System of Georgia","authors":"Levan Alapishvili","doi":"10.60131/jlaw.1.2023.7070","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7070","url":null,"abstract":"Democratic governance is based on the accountability of the government to the parliament. Oversight of the government activities by the representative body that has absolute legitimation of population ensures democratic environment for decision-making and efficient accountability of the Government. An effective system of accountability of the government to the parliament ensures the accountability of the government to its population. Parliamentary oversight of the government's activities is a constitutional obligation to ensure accountability to the source of power, i.e. citizens.
 Significant part of activities and decisions of government is related to secret activities and documents. Legislative regulation of state secrets and delegation of authority or authorization to the Government is an exclusive competence of Parliament under the Constitution of Georgia.
 The Parliament, the members of which do not have access to state secrecy cannot ensure the parliamentary oversight of secret activity of the Government or if decision-making regarding the issue of allowing access of Members of Parliament to the state secrecy is delegated to the government. Unlimited delegation of the right to regulate the access of MPs to the state secrecy comes into conflict with the Constitution, because it means the violation of accountability to the Parliament and separation of power which deprives the Parliament of the possibility to exercise oversight on the Government’s work. 
 This work provides an analysis of the regulatory environment for state secrecy of Georgia and the delegation of authority of legal regulation of state secret management. 
 By presenting a comparative analysis of Georgian and foreign practice of parliamentary oversight regarding state secret activities, we are putting forward for discussion the issues related to the regulation of accessibility to state secrecy by members of Parliament and the suggestions regarding the solution of actual issues of parliamentary oversight of government’s secret activities.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"363 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365573","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 Scope of the Business Judgment Rule and its Relation to the Fiduciary Duties of Company Directors","authors":"Marika Turava","doi":"10.60131/jlaw.1.2023.7073","DOIUrl":"https://doi.org/10.60131/jlaw.1.2023.7073","url":null,"abstract":"Due to the dynamic and ever-changing nature of the corporate field, it is impossible to consistently ensure that the business entity will get guaranteed income from its business activities and that all corporate decisions made by the director will be beneficial to the company.
 If the company directors were to be held responsible for any decision that did not result in a profit for the company, this would limit their freedom of action and discourage them from taking risky steps.
 The main subject of this article is the Business Judgment Rule, which stipulates that a company director has the authority to make bad (unprofitable) decisions within specific legal limits without being held accountable for them.
 Furthermore, an appropriate balance must be maintained in the legal system between the freedom of the corporate directors under the business judgment rule and the risk of being held accountable for dishonest activities and unreasonable steps taken by them.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136365686","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}