BRICS Law Journal最新文献_第6页

The Grain Market in India and the Creation of the BRICS Grain Union 印度粮食市场和金砖国家粮食联盟的建立

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BRICS Law Journal Pub Date : 2022-09-11 DOI: 10.21684/2412-2343-2022-9-3-117-143

A. Ivanov , K. Molodyko, M. Kalimullina

{"title":"The Grain Market in India and the Creation of the BRICS Grain Union","authors":"A. Ivanov , K. Molodyko, M. Kalimullina","doi":"10.21684/2412-2343-2022-9-3-117-143","DOIUrl":"https://doi.org/10.21684/2412-2343-2022-9-3-117-143","url":null,"abstract":"The article examines the current situation in the wheat market in India and its potential within the global food security dynamic. In particular, it analyzes a number of instruments and programs of national policy in the grain sector: minimum support prices, public procurement, public distribution systems, storage facilities and their management, market regulation, trading mechanisms and platforms. In the aspect of the development of Indian grain trade and infrastructure, the Electronic Platform for National Agriculture Market (eNAM) and food commodities exchanges are considered. The article provides explanation on why India’s ambitious plans announced several years ago to expand wheat exports to the world market can hardly be fully realized in the near future due to such reasons as climate risks, phytosanitary problems and quality controls, lack of storage and logistics infrastructure, as well as the huge social and political importance of wheat supplies in the local market. Through the continuation of the current reforms in an efficient manner, India can resume the position of one of the leading wheat exporters. It is proposed that Russia, India and South Africa (as well as the potential new members – Iran and Argentina) create anew BRICS Grain Union.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48848826","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}

引用次数: 0

Admission of Guilt as a Basis for Concluding Procedural Agreements Using the BRICS Countries as an Example: A Comparative Legal Interpretation 承认有罪作为缔结程序性协议的基础——以金砖国家为例——一种比较法律解释

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BRICS Law Journal Pub Date : 2022-09-11 DOI: 10.21684/2412-2343-2022-9-3-53-83

D. Moskovskikh

{"title":"Admission of Guilt as a Basis for Concluding Procedural Agreements Using the BRICS Countries as an Example: A Comparative Legal Interpretation","authors":"D. Moskovskikh","doi":"10.21684/2412-2343-2022-9-3-53-83","DOIUrl":"https://doi.org/10.21684/2412-2343-2022-9-3-53-83","url":null,"abstract":"The main focus of this article is to examine in greater depth the content of the admission of guilt, the issue of agreements with an investigation, and the criteria for the admissibility of confessions, using examples from not only the countries with Anglo-American and continental legal systems, but also taking into account the analysis of the legislation of the BRICS countries. Of particular interest are the attitudes of legislators from different countries towards this legal category, depending on their philosophical views, the political and economic environment, as well as the assessment of their readiness to move forward with the promises of humanization of legislation. The topic of guilty pleas in domestic criminal proceedings is not new for researchers and law enforcement officers. Legal scientists have identified both the advantages and the disadvantages of the forms based on this legal category. However, a gradual rejection of confessions as evidence is noticeable, and in the majority of cases, agreement with the prosecution plays a significant role. Despite the fact that confessions are officially no longer considered “the main thing,” in practice we are faced with the fact that, in fact, they are given priority over other forms of evidence. This duality creates uncertainty in scientific circles. We believe that this article can have a positive impact on the process of reforming certain provisions of criminal procedure law regulating procedural components, with mandatory compliance with the rights of participants in legal proceedings guaranteed by the basic laws of the country. To achieve the goal, we used the general scientific dialectical-materialistic method of cognition, as well as the following private scientific methods: logical-legal, comparative-historical, systemstructural. Both judicial practice and scientific research are analyzed in depth.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47394880","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}

引用次数: 0

Rethinking Due Process of Law in the Administrative Sphere 对行政领域正当法律程序的再思考

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BRICS Law Journal Pub Date : 2022-09-11 DOI: 10.21684/2412-2343-2022-9-3-39-52

R. Perlingeiro

引用次数: 0

Typology of Legal Regulation of Value-Added Taxation in the BRICS States 金砖国家增值税法律规制类型研究

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BRICS Law Journal Pub Date : 2022-07-15 DOI: 10.21684/2412-2343-2022-9-2-145-162

Dmitry G. Bachurin, Dmitry G. Bachurin

引用次数: 0

Harnessing the Power of Labour Law and Social Security Law to Achieve the Goal of Formalizing Labour Markets in the BRICS Countries 利用劳动法和社会保障法的力量实现金砖国家劳动力市场正规化的目标

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BRICS Law Journal Pub Date : 2022-07-15 DOI: 10.21684/2412-2343-2022-9-2-94-120

T. Guseva, Ju. Klepalova

{"title":"Harnessing the Power of Labour Law and Social Security Law to Achieve the Goal of Formalizing Labour Markets in the BRICS Countries","authors":"T. Guseva, Ju. Klepalova","doi":"10.21684/2412-2343-2022-9-2-94-120","DOIUrl":"https://doi.org/10.21684/2412-2343-2022-9-2-94-120","url":null,"abstract":"The Declaration by the Labour and Employment Ministers of the BRICS countries, “Quality Jobs and Inclusive Employment Policies,” guarantees that formalization of labor markets is a global priority for the BRICS countries, as informal employment hampers productivity, potential economic growth and efforts to improve the welfare of populations worldwide. Taking into account this strategic goal, the authors analyze the informal employment processes in the BRICS countries and speculate on the transition from informal to formal employment. The article addresses the issues of inhomogeneous notional ranges used to define informal employment and recommends that the possibilities provided by labor legislation and government employment policy (such as increasing the number of formal working places and dynamic development of labor legislation directed at regulation of new employment forms) be used to tackle these issues. The potential of the social security right for achieving the goals of transition to a formal economy and social security coverage is characterized in detail; various legal forms of social security (for example, government social security, social insurance (mandatory as well as voluntary) and social support) are analyzed; and the possibilities of their application to informal workers in the BRICS countries are defined.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46473435","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}

引用次数: 0

Can Geographical Indications Support the Indian Village Economy Impacted by the Ongoing Economic Crisis Caused by COVID-19? 地理标志能否支持受新冠肺炎经济危机影响的印度乡村经济?

IF 0.4

BRICS Law Journal Pub Date : 2022-07-15 DOI: 10.21684/2412-2343-2022-9-2-121-144

Ashutosh Mishra

{"title":"Can Geographical Indications Support the Indian Village Economy Impacted by the Ongoing Economic Crisis Caused by COVID-19?","authors":"Ashutosh Mishra","doi":"10.21684/2412-2343-2022-9-2-121-144","DOIUrl":"https://doi.org/10.21684/2412-2343-2022-9-2-121-144","url":null,"abstract":"The post-COVID-19 economic crisis has resulted in widespread unemployment and the migration of workers in India, particularly in the informal sector, which accounts for more than 90 percent of total employment in the country. Migrant workers are returning to their homes and will soon be looking for alternative sources of income. Entrepreneurship centered on locally made traditional products can provide revenue to migrant workers in such conditions. These returning underprivileged workers can use their traditional knowledge and skills to support their families and create new employment opportunities in their communities. Laws relating to geographical indications will aid in the protection and promotion of such traditional product lines in domestic consumer markets. The protection and promotion of such traditional product lines in domestic consumer markets will be aided by laws relating to geographical indications. The same can be further complemented by the new Geneva Act of the Lisbon Agreement, which went into effect in February 2020 and allows for the registration system of Geographical Indications in multiple countries through a single procedure with the World Intellectual Property Organization. As a result, it is proposed that the government should promote geographical indications as a policy instrument to help the rural economy during these ongoing difficult times.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41607473","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}

引用次数: 0

Regulation of Telework in BRICS: Lessons from the Pandemic 金砖国家远程办公监管：疫情教训

IF 0.4

BRICS Law Journal Pub Date : 2022-07-14 DOI: 10.21684/2412-2343-2022-9-2-72-93

M. Chudinovskikh

{"title":"Regulation of Telework in BRICS: Lessons from the Pandemic","authors":"M. Chudinovskikh","doi":"10.21684/2412-2343-2022-9-2-72-93","DOIUrl":"https://doi.org/10.21684/2412-2343-2022-9-2-72-93","url":null,"abstract":"The COVID-19 outbreak forced many employers worldwide to organize remote workplaces and introduce new technologies of labor organization in order to protect employees from the threat of disease. After the pandemic is over, it is reasonable to anticipate an increase in telework. The legal framework of telework continues to evolve unevenly in different countries around the world. The BRICS countries lag behind the United States and the European Union in terms of the legal regulation of telework, and they lack the necessary statistical data collection. The integration of the BRICS countries calls for the development of unified approaches to the legal status of teleworkers. The creation of new jobs in the conditions of the pandemic requires the development of the regulatory framework, analysis of innovative experience and assessment of law enforcement. This article systematizes the approaches of Russian and world scientists to the major issues of telework regulation, including: the conceptual apparatus, the advantages and disadvantages of remote employment, the analysis of legislative initiatives of the BRICS countries in the context of a pandemic and the allocation of best practices, the features of concluding, changing and terminating an employment contract, determining the rights and obligations of teleworkers, the implementation of the right to social partnership, and ensuring labor protection, safety and well-being. The findings of the analysis lead to the conclusion that in order to achieve decent work in digital economy, the BRICS countries need to design a general approach to the regulation of telework for similar to the approach taken by the European Union, and to upgrade existing legislation.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49472769","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}

引用次数: 0

Implementing the Right to Information as a Key Element of Freedom of Expression in the BRICS Countries 在金砖国家落实信息权作为言论自由的关键要素

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BRICS Law Journal Pub Date : 2022-07-14 DOI: 10.21684/2412-2343-2022-9-2-4-29

K. Ivanova, M. Myltykbaev

{"title":"Implementing the Right to Information as a Key Element of Freedom of Expression in the BRICS Countries","authors":"K. Ivanova, M. Myltykbaev","doi":"10.21684/2412-2343-2022-9-2-4-29","DOIUrl":"https://doi.org/10.21684/2412-2343-2022-9-2-4-29","url":null,"abstract":"The category of rights and freedoms, including the right to access information and the right to self-expression, is not immutable. Rights and freedoms are a byproduct of the historical development of society and represent a socio-cultural phenomenon that reflects the historical identity of peoples and countries throughout the world. As a result, each legal system has its own legal concept of rights and freedoms, without which the crisis-free development of a particular state is impossible. This is because the degree to which citizens’ rights to self-expression and information are realized has a direct impact on the overall quality of a democratic system. This article analyzes the sectoral normative legal acts of the BRICS countries that regulate the right to information. Based on the data obtained, a comparison was made between restrictions and prohibitions regarding the exercise of the right to information. Furthermore, the article describes and analyzes the main approaches to assessing and determining the index of democracy in the world. Based on the comparison of the democracy index, the global ranking of the right to information and the global ranking of the civilian population, a formula for calculating democracy was derived. The degree of democracy in the BRICS countries was then calculated using the formula obtained, and a regional ranking of democracy within the BRICS countries was compiled. The authors believe that providing citizens with the opportunity to fully exercise their right to information, which would be impossible without the balanced participation of the state, results in the creation of an objective information environment, which in turn provides citizens with the opportunity to justly exercise their right to self-expression. In this regard, it is self-evident that democracy is closely connected with the full realization of the right to information. Today it plays akey role in citizens’ exercise of their right to self-expression.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41647099","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}

引用次数: 0

Gender Discrimination in Employment: BRICS Countries Overview 就业中的性别歧视:金砖国家概述

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BRICS Law Journal Pub Date : 2022-07-14 DOI: 10.21684/2412-2343-2022-9-2-30-71

E. Sychenko, M. Laruccia, D. Cusciano, Rupa Korde, K. Nagadia, I. Chikireva, J. Wang, N. Carrim

{"title":"Gender Discrimination in Employment: BRICS Countries Overview","authors":"E. Sychenko, M. Laruccia, D. Cusciano, Rupa Korde, K. Nagadia, I. Chikireva, J. Wang, N. Carrim","doi":"10.21684/2412-2343-2022-9-2-30-71","DOIUrl":"https://doi.org/10.21684/2412-2343-2022-9-2-30-71","url":null,"abstract":"This article investigates the phenomenon of gender equality in employment in the BRICS countries where it is one of the factors hampering the economic development and basic human rights. The authors examine the international obligations of these states under the human rights treaties of the United Nations Organization (UNO) and the International Labour Organization (ILO), compare the national anti-discriminatory norms with the international standards (ILO Conventions and the Convention on the Elimination of all Forms of Discrimination Against Women) and evaluate the observations of the relevant international bodies recently adopted in respect of the BRICS states. In particular, the activities of the Committee on the Elimination of Discrimination Against Women and the ILO Committee of Experts on the Application of Conventions and Recommendations are reviewed. In the paragraphs that follow, the national legislation and case-laws are examined. Furthermore, the reasons for the persistent gender stereotypes in the labor market, as well as the general attitude toward women’s roles in society in each country are reviewed. The authors identify the obstacles to achieving true gender equality in the workplace and formulate recommendations for improving protections against discrimination of women in employment as well as ensuring equal access to employment and promotion.","PeriodicalId":41782,"journal":{"name":"BRICS Law Journal","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44545839","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}

引用次数: 0

Addressing Wrongful Convictions or Miscarriages of Justice in the BRICS Nations 解决金砖国家的误判或司法失误

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BRICS Law Journal Pub Date : 2022-04-18 DOI: 10.21684/2412-2343-2022-9-1-62-86

J. D. Mujuzi

引用次数: 0