Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo最新文献

{"title":"Cases relating to the law of the sea: Issues of jurisdiction of the International Court of Justice","authors":"Alexander Vylegzhanin, Olga I. Zinchenko","doi":"10.21638/spbu14.2023.308","DOIUrl":"https://doi.org/10.21638/spbu14.2023.308","url":null,"abstract":"The law of the sea (LOS) cases regularly appear on the International Court of Justice’s (ICJ) docket, allowing it to rule on important substantive aspects of this branch of international law. The article focuses on the way these cases have “carved” the Court’s approaches to jurisdictional issues throughout its history. Combining theoretic and practical considerations, the study explores and assesses each jurisdictional basis set forth in Art. 36 of the Statute of the ICJ through the lens of law of the sea disputes considered by the Court: special agreements, jurisdictional clauses of treaties and “Optional clause” declarations. The study also analyses the modern trends in the settlement of the law of the sea disputes in the ICJ, their root causes, the practical “strengths and weaknesses” of various jurisdictional tools for seizin the ICJ, as well as the consequences of some of its key judgments for the future of dispute resolution in the law of the sea. The article also challenges — from a purely legal standpoint — the relevant terms (jurisdiction, competence, reservations and conditions) used in academic sources, political discourse and even in official documents on the jurisdiction of the Court. Due to a variety of fora that may be chosen by States to refer the LOS disputes, the study offers a helpful recapitulation of how the Court’s general approaches to jurisdiction were applied in the specific context of the LOS cases, which may serve as a basis for further comparative studies of jurisdictional approaches of other bodies competent to deal with the LOS disputes, inter alia providing valuable information for decision-makers on the prospects of lodging a potential application.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135317265","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":"Taxation of digital services in BRICS countries: A comparative analysis","authors":"Karina A. Ponomareva","doi":"10.21638/spbu14.2023.315","DOIUrl":"https://doi.org/10.21638/spbu14.2023.315","url":null,"abstract":"The need to ensure compliance with the fiscal interests of the state in the conditions of the emerging digital economy requires the transformation of essential approaches to the regulatory regulation of tax relations both in the context of determining the appropriate legal forms for regulating the national tax base. These tasks remain relevant even in the current conditions of sanctions restrictions. In the absence of consensus on tax projects of international organizations, many countries have begun to introduce digital taxes unilaterally. National digital taxes can be divided into three groups: income taxes, VAT for electronic services and hybrid taxes. These national digital taxes are considered on the examples of individual BRICS countries. The article examines the experience of Brazil as a state where discussions are actively underway about the need to introduce a digital tax and a number of tax bills have been developed in this area, India as a country that uses interesting and rather unconventional methods of taxation of digital companies, as well as China and South Africa as countries that use VAT for electronic services. Based on a comparative legal analysis of the legislation of the BRICS states, in which digital taxes have been introduced, possible scenarios for the development of tax regulation in Russia have been developed. It is concluded that the introduction of a digital tax in Russia is not appropriate. The methodological basis of the research consists of both general scientific methods (dialectical-materialistic, systemic, induction, deduction, analysis, synthesis) and interdisciplinary, as well as legal research methods proper. When conducting the research, it is planned to use proper legal methods and approaches: formal-legal and comparative-legal. The study is based on a comparative legal method that allows comparing similar legal problems existing in legislation and international treaties, as well as identifying optimal ways to resolve them.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135261957","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":"Research of the effectiveness of the system of legal regulation of tax relations for operations with cryptocurrency currently in force","authors":"Maria A. Egorova, Vladislav V. Grib, Liudmila G. Efimova, Olga V. Kozhevina, Vitalii Yu. Slepak","doi":"10.21638/spbu14.2023.301","DOIUrl":"https://doi.org/10.21638/spbu14.2023.301","url":null,"abstract":"The article deals with the national practicies of direct and indirect taxation of income from cryptoassets in some countries of the world, including Russia, France, Italy, USA, Great Britain, etc. The authors study various approaches to the concept of cryptocurrency for the purposes of fiscal management: macroeconomic, cost, accounting, legal and institutional approaches. According to the authors position cryptocurrencies for tax reasons should be treated as a property and means of payment. Therefore, any income in cryptocurrencies received by taxpayers should be subject to personal income tax or corporate income tax, respectively. The recognition of cryptocurrencies as a means of payment (that is, private money) leads to the need to exempt taxpayers from paying value added tax in cases where cryptocurrencies perform these monetary functions in transactions performed by taxpayers, in particular, they perform the function of a means of payment. Payment of taxes on income of taxpayers received in cryptocurrencies can be carried out both in cryptocurrencies and in national (fiat) currencies. It is permissible to establish a tax declaration of transactions for cryptocurrency. The foundations of the legal regime of taxation of digital currencies in the Russian Federation have been formed. The problems of introducing effective taxation of cryptocurrency transactions in the Russian Federation are identified, as well as changes to tax legislation are proposed, in particular, clarification of the range of objects that can be classified as “digital currency”, synchronization with the law on digital financial assets, determining the tax base and implementing tax control of transactions with cryptocurrency. As the study showed, the approaches to indirect taxation are the most unified. Tax regulation is a potential incentive to reduce the speculative interest of participants in transactions with cryptocurrencies and increase the transparency of taxation of cryptocurrencies.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135317820","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 modern Chinese state: An academic view through the prism of politics and law","authors":"Nataliya I. Malysheva, Igor Yu. Kozlikhin, Nikolay G. Stoyko","doi":"10.21638/spbu14.2023.316","DOIUrl":"https://doi.org/10.21638/spbu14.2023.316","url":null,"abstract":"The article analyzes the main provisions of the monograph “Modern Chinese State. Vol. 1: Basic Institutions of State Power and Administration”, published in 2022 by the Russian Academy of Sciences, in the context of the problematization of scholarly studies of Chinese law. The authors of the article give a brief description of the main issues disclosed in the monograph, such as: administrative divisions of the People’s Republic of China (PRC); population control and registration; the judicial system of the People’s Republic of China; the Public Prosecutor’s Office; control (supervisory) committees; and so on. At the same time, attention is focused on those provisions of the monograph that contribute to the search for solutions to problematic issues relevant to lawyers studying the law of the People’s Republic of China. This is, in particular, about the lawmaking of the state bodies of the PRC with the understanding of the role of the Communist Party of China (CPC) in this activity, on the Legal Status of the President of the People’s Republic of China, on the Nature of CPC Acts, as well as Joint Acts of the Central Party Organs and the State Council of the People’s Republic of China, on the role of judicial acts in the light of the system of sources of Chinese law. A number of areas of legal regulation have been identified, where the experience of the People’s Republic of China can be used in lawmaking and law enforcement in the Russian Federation. It is concluded that the monograph systematizes and increases knowledge about the state-legal reality of the PRC, allows to achieve a better understanding of the law of China.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135317617","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":"Subjects of the right to self-determination in contemporary international law","authors":"A. Kagramanov","doi":"10.21638/spbu14.2023.111","DOIUrl":"https://doi.org/10.21638/spbu14.2023.111","url":null,"abstract":"The issue of subjects of the right to self-determination is one of the most controversial issues in the theory of international law. The author, researching etymology, as well as cases of application of concepts “people” and “nation”, pays attention to their interchangeability and sometimes identification. The author proposes to view people (in a narrow sense) as a spatial, related to a particular socio-economic, linguistic, cultural and spiritual way of life, of individuals. Broadly speaking, a people is characterized as a social community that acquires a political identity and thereby becomes a nation, under certain circumstances, a State. The article proposed criteria for the self-determination of peoples and nations in accordance with the current international order and architecture. The research focuses on institutions such as uti possidetis juris and remedial secession. The author’s analysis of the advisory opinion of the International Court of Justice on Kosovo is of some interest. In considering the problem of indigenous and small-numbered peoples and national minorities, the author proceeds from the possibility that they may exercise their right to self-determination in the form of territorial autonomy or self-organization (self-government), depending on their number, characteristics of resettlement and other circumstances. Both models (territorial and extraterritorial) are designed to give indigenous peoples their identity, based, inter alia, on established traditions and customs, Development in accordance with the fundamental laws of the State and the norms of international law, while preserving the stability and territorial integrity of the State. On the basis of the jurisprudence of the Human Rights Committee, various aspects of the legal personality of individuals in the exercise of the right to self-determination have been examined.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"37 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72743502","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 framework on maritime piracy","authors":"Evgenia A. Postoeva, Viktor A. Shestak","doi":"10.21638/spbu14.2023.309","DOIUrl":"https://doi.org/10.21638/spbu14.2023.309","url":null,"abstract":"The article examines the phenomenon of piracy crimes based on the study of the international legal framework. The goal set by the authors is to identify possible ways and mechanisms by which States will be able to carry out effective international cooperation to bring pirates to justice and reduce the number of pirate attacks. The authors note that the beginning of the development of the efforts of the international community in the field of combating piracy falls in the middle of the 19th century. Further attempts to create a treaty at the beginning of the 20th century did not lead to success, but laid the foundation for the adoption of the 1958 Convention on the High Seas and the 1982 UN Convention on the Law of the Sea, which contain the universally recognized concept of piracy. The authors analyze the main elements of the crime of piracy (an illegal act of violence or detention, or any act of depredation; private ends; the “rule of two ships”; outside the jurisdiction of any State) and consider controversial issues of interpretation of these elements. Attention is drawn to the fact that existing sources aimed at countering piracy crimes include the obligation of States to cooperate. Since they do not contain specific forms of international cooperation, but are only limited to a general obligation to provide assistance to the maximum extent possible, the authors consider it appropriate to interpret the obligation of cooperation broadly to include such forms as extradition and mutual legal assistance in the prosecution of piracy crimes. The authors investigate the activities of international and regional organizations in the field of combating piracy and their proposed methods and mechanisms aimed at reducing crime on the high seas. The initiatives proposed by the Russian Federation to combat piracy are being considered.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"133 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135310797","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":"Conceptual framework and system of the Model law of the Commonwealth of Independent States “On Protection of Consumers”","authors":"Olga A. Makarova, Yuliya I. Kovalevskaya","doi":"10.21638/spbu14.2023.313","DOIUrl":"https://doi.org/10.21638/spbu14.2023.313","url":null,"abstract":"The article substantiates the need to improve the model consumer legislation of the member states of the Commonwealth of Independent States (CIS), which has become brewing in connection with fundamental transformational changes in social life, development of electronic commerce, the development of new standards upon sale of goods, works, services to consumers. The paper draws attention to the differences in processes of approximation (harmonisation) of the national legislations of the EU member states and approximation of laws of the CIS member states, notes the specifics of international cooperation within the CIS. Before proceeding to the presentation of one of the possible alternate for improving the CIS model law on protection of consumers, authors analyze the state of modern legal regulation in the European Union, solitary states of the Western Europe, the CIS member states. As a result, it is concluded that it is possible to take into account the achievements of foreign lawmaking in the development of regulatory decisions in a number of areas of consumer protection: extension of scope of consumer’s legislation, formulating additional guarantees for protecting consumer rights in the field of e-commerce, developing a system of cross-border consumer’s disputes, and others. The structure of the act of consumer’s legislation proposed by the authors is based on the focus of the Russian Federation on the codification of consumer’s legislation, as well as on the modern needs for a uniform complex normative legal act that conflate both general issues of regulation of consumer’s relations and special provisions relating to the protection of consumer rights in certain areas of social relations (electronic commerce, sale of food, pharmaceutical products, housing and communal services, tourism services) or consumers belonging to socially vulnerable groups of the population (minors, the elderly, the disabled).","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135318000","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":"Experimental legal regime – a testing ground for innovation and regulation","authors":"O. Tarasenko","doi":"10.21638/spbu14.2023.103","DOIUrl":"https://doi.org/10.21638/spbu14.2023.103","url":null,"abstract":"The focus of this article is a critical analysis of the regulatory window of the experimental legal regime in the field of digital innovation. Its distinctive features are distinguished: its secondary nature in relation to the basic legal regulation, its ordinariness, its voluntary extension to business entities, its expansive or neutral influence on the scope of their legal capacity, its certainty in terms of time and the circle of persons. It is noted that the implementation of the experimental legal regime in the direction of the financial market has certain features, which is manifested in the possibility of establishing additional conditions for the experimental legal regime, separating its secondary regulatory window, giving the Bank of Russia the functions of an authorized body, etc. Next, the mechanism for establishing an experimental legal regime is outlined, in which five consecutive stages are distinguished: the introduction of an initiative proposal to the Ministry of Economic Development (or the Bank of Russia); consideration of the initiative proposal by the authorized body with the participation of the business community, branch ministries and the highest authority of the subject of the Russian Federation (optional); the establishment of an experimental legal regime by the Government of the Russian Federation; implementation and monitoring of the experimental legal regime, as well as evaluation of its effectiveness and efficiency. In conclusion, the norms of the experimental legal regime, potentially tending to corruption-causing factors, are identified and ways to improve legislation are proposed.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"69 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77991578","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":"Traditional spiritual and moral values in the context of digital transformation of society: Aspects of legal theory","authors":"Nikolay M. Kropachev, Vladislav V. Arkhipov","doi":"10.21638/spbu14.2023.201","DOIUrl":"https://doi.org/10.21638/spbu14.2023.201","url":null,"abstract":"Among the main directions of the legal policy of the state can be noted, on the one hand, the support of traditional spiritual and moral values, and on the other — the digital transformation of society. Traditional values are a condition for state sovereignty of the Russian Federation in the information space, and their protection and defense are a guarantee of information security of the Russian Federation. From the point of view of the communicative theory of law, traditional values should be considered in the process of legal communication, which involves the perception (interpretation) of message (text) that includes inter alia the emotional-value aspect. As values, the traditional values are a necessary condition for functioning of legal system. From the formal legal point of view, when the concepts of traditional spiritual and moral values are included in legal texts, what is implied is the possibility of referring to them in “complicated cases” of legal interpretation and developing models of legal argumentation. From the perspective of analytical jurisprudence, traditional spiritual and moral values can act as a legally significant criterion for determining the meaning of a word in a legal text in a “situation of penumbra” — in what aspect a particular disputed object of legal relations has a value nature, and in what it is expressed. Traditional spiritual and moral values set the boundaries for the choice of legal decisions related to the digital transformation of society. For example, the wellknown notion that it is impossible to make legally significant decisions using artificial intelligence systems with the complete exclusion of a person from such a decision-making system would seem to contradict traditional spiritual and moral values, which center on the person in its moral dimension. This approach could be extended to other pervasive digital technologies as well.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135686176","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":"Risk-oriented approach in state control (supervision) in the field of education","authors":"Nikolay M. Kropachev, Ekaterina A. Dmitrikova, Marina Yu. Lavrikova, Alexandr A. Soloviev","doi":"10.21638/spbu14.2023.202","DOIUrl":"https://doi.org/10.21638/spbu14.2023.202","url":null,"abstract":"The article analyzes the changes in legal regulation and the implementation of state control (supervision) in the field of education, associated with the transition to the use of a risk-oriented approach. Based on the fact that control and supervision activities are carried out, among other things, through the prevention of violations, the authors believe that assessment of factors and conditions that create a risk of violations of mandatory requirements should be carried out within preventive measures too. The Law on Education integrates accreditation monitoring into the system of state control (supervision) in the field of education. Based on this feature of the state regulation of educational activities, the authors note the potential for application of a risk-oriented approach in the field of education and come to the conclusion that not only the content of the mandatory requirement should be aimed at eliminating the risk of harm to legally protected values, but the risk-oriented approach should also be used in identification of monitoring indicators and requirements addressed to educational organizations in order to ensure monitoring of the education system. As an separate problem the authors indicate the proportionality of measures applied to controlled persons on the basis of the risks of harm to protected values in the field of education. The article also draws attention to the fact that the content of the mandatory requirement should be aimed at eliminating the risk of harm to legally protected values. In this regard the importance of an expert assessment of mandatory requirements in the field of education is noted.","PeriodicalId":41041,"journal":{"name":"Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135686308","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}