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Protection of personal data in China: Legislation in the digital age
No full textIn the development of China’s Internet industry and digital economy, great importance is
attached to the protection of personal data and seriously protects the legitimate rights and
interests of citizens’ personal data. Generally speaking, with the development of technology and industry, China’s personal data protection has gone from “indirect protection” to “direct
protection” and then to “comprehensive protection”. In the early years of China’s Internet industry,
the indirect protection of personal data was mainly achieved through the protection
of the “rights to privacy” of citizens. Since the Internet industry of the People’s Republic of
China has entered a stage of rapid development, the state began to directly protect personal
data in accordance with the provisions of the Chapter “Network Information Security” established
in the “Cyber Security Law” of 2016, establishes several principles for the collection and
use of personal data, protection requirements information security. Until November 1, 2021,
the “Personal Data Protection Law of the People’s Republic of China” (PPD) was adopted to
comprehensively protect personal data, reflecting the ideology of development focused on
bringing the people to the center, meeting the new needs and aspirations of the people in the
new era, and also proposing the creation international digital legal order “Chinese version”.
The PPD further expands the scope of the object of personal data protection, comprehensively
establishes the rights of individuals to process data, strengthens the obligations to protect
personal data processors, creates strict rules for the protection of sensitive personal data and
regulates the processing of personal data by public authorities, as well as improving the means
of legal protection of personal data, all of which are important points in the legislation. The
law incorporates advanced foreign experience, while emphasizing Chinese wisdom, the spirit
of the times, and practicality in accordance with the reality of China.The study was supported by the Heilongjiang Province Philosophy and Social Science Research and
Planning Project no. 22FXB102
The Western crescent rises — a verticality dimension in Louisiana’s mixed legal space
Full text linkThe legal literature discussing mixed jurisdictions has mainly focused on horizontal law mixtures,
especially those involving the Civil Law and the Common Law. Harnessing the legal questions
raised by land loss in Louisiana’s landscape of waterbodies as a case study, this Article
illustrates how American federal law, whether constitutional, statutory or judge-made, has interacted
with the allocation of property rights under Louisiana state law. Among the various
stakeholders, the legal implications of erosion and subsidence play out in two relationships:
firstly, the relationship between private property owners and the State of Louisiana with regard
to lakeshore, banks of rivers, bays and streams, and seashore; and secondly, the relationship
between the State of Louisiana and the Federal Government with regard to their rights in the territorial
sea. In the first relationship, the equal footing doctrine enunciated by the U. S. Supreme
Court declares that, because the original thirteen states in the American Union owned the land
under their natural navigable water bodies, subsequent entrants would likewise take ownership
of such land. Based on the federal equal footing doctrine, Louisiana state law has enjoyed a
margin of maneuver to make its own dispositions for the lakeshore, the bank of a river, bayou
or stream, and the seashore. Also, when allocating ownership under state law, Louisiana courts
have traditionally looked to the federal admiralty definition of navigability. The federal-state interface
dominating the second relationship has come to be known as the “tidelands controversy”
over submerged lands, along with the wealth of resources, seaward of the low-water mark
on Louisiana’s coast. This led to a dance between the U. S. Supreme Court, the U. S. Congress
and the State of Louisiana. Although Louisiana ultimately secured jurisdiction up to three nautical
miles, its maritime belt still does not match Texas and Florida’s boundaries
BETWEEN LEXICON AND GRAMMAR: ON THE SYNTAX OF IDIOMS
Full text linkThe focus of the present study is a category that characterizes some types of phraseological
units — the semantic analyzability of idioms. Syntactic variability of an idiom depends on how semantically independent parts of this idiom are. Thus, the semantic
autonomy of the constituents of an idiom determines (along with other factors) its syntactic
behavior. The greater the semantic independence of the individual constituents of
the idiom, the greater the potential for its syntactic variation. Conversely, the stronger the
semantic cohesion of the constituents of the idiom, the more it resists various modifications.
Semantic analyzability of idioms is significant both from a practical and theoretical
point of view. On the one hand, semantic analyzability helps to determine the limits of
the variability of idioms, which is essential for solving a number of practical problems —
first of all, for marking idioms in the corpus. On the other hand, semantic analyzability
is a factor determining the place of a given unit on the lexicon-grammar axis. Linguistic
phenomena located between lexicon and grammar are of increasing interest to linguists
today. Usually phraseology as a whole — and in particular idioms as its central class — is
considered to be belonging to the scope of the lexicon. The main distinguishing feature of
idioms, which, although they generally obey the same grammatical rules as free phrases,
is a single lexical meaning. Nevertheless, idioms are heterogeneous with respect to their
position on the lexicon-grammar axis: non-analyzable idioms are closer to the lexical pole
than analyzable ones. Refs 33
KULISH AND BYRON (TO THE HISTORY OF DON JUAN’S TRANSLATIONS INTO UKRAINIAN)
Full text linkTranslations of Byron’s works occupy a special place in the work of P. A. Kulish (1819–
1897). They can be divided into three parts: nine poems included in the poetry collection
Borrowed kobza; Don Juan, first canto; Childe Harold’s Pilgrimage. As far as we know,
Kulish was the first to attempt to translate Byron’s last, unfinished poem into Ukrainian.
He chose not the “learned” type of translation, but “rehash”, which allowed more free
experimentation in the field of vocabulary and rhythm. The edition was published as a
separate reprint in 1891. Kulish saw his task in providing a translation of Byron’s poem Don Juan to help the younger generation of Ukrainians as a kind of textbook of life, as a
means of protecting oneself from spiritual passions, from human egoism. In addition, the
translation of the poem was important for Kulish in terms of developing a lyrical narrative
style, which he applied in his last poem Kulish in Hell. Byron developed his own style of
narration and used a confidential tone in the poem, referring to the direct experience of
the reader. Kulish’s translation into Ukrainian of such a complex and rich work in terms
of vocabulary, intonation, and rhyme was a rather difficult experiment. This translation is
important both for the study of the creativity of Kulish and the processes of formation of
the Ukrainian literary language and Ukrainian poetry. Refs 10
ЭКСПЕРТНОЕ ЗАКЛЮЧЕНИЕ по информационным материалам запроса прокуратуры Петроградского района Санкт-Петербурга (Отдельные фрагменты исключены из текста опубликованного заключения в целях обеспечения соблюдения требований законодательства)
No full textОтдельные фрагменты исключены из текста опубликованного заключения в целях обеспечения соблюдения требований законодательстваAbstrac
Community, authority, power: Three times epistemic, but what fits the International Labour Organisation?
Full text linkThe International Labour Organization (ILO) is a well-known standard setting organization
in the world of work. With its standards the ILO has created an epistemic community for labour
law and social security law. Central to this paper though is the question whether the ILO
is also an epistemic authority or even an epistemic power. To assess this, the main activities of
the ILO are described in this paper. These include, besides setting standards and the regular
and special supervisory mechanism, also the ILO’s technical cooperation activities, training
activities and services, research, debates, and exchanges of information. These activities are
described against the background of the idea of discursive diffusion, which could be typified
as governance technique to influence the policies or behaviour of the members of an epistemic
community. From this an image emerges from the ILO as an international organization which
can definitely be qualified as an epistemic authority, and even holds some traces of epistemic
power. However, most of the activities that could make up for the ILO’s epistemic power are
executed in the ILO’s field offices. Unfortunately, hardly anything is known about how the ILO
field offices operate and therefore to what extend and how they make use of the tools that provide
them with epistemic power. To understand this, further research is needed, preferably in
the context of new governance and with the application of empirical legal research methods
The general aspects of collective labour rights for workers in Turkey
Full text linkAfter Turkey’s political system was transformed into a multi-party democracy, legally interpreted
collective labour rights were introduced to the system by legal instruments. The first Trade
Unions Act was enacted in 1947. In accordance with the articles related to collective labour
rights, stated in the 1961 Constitution, the Turkish National Assembly adopted two particular
pieces of legislation numbered 274 and 275 in 1963. These acts governed labour unions and collective
bargaining, as well as grievance procedures such as strikes and lock-outs. The 1982 Turkish
Constitution enshrined collective bargaining and striking as fundamental rights as it had
been established by the prior Constitution. For nearly three decades, collective labour rights
have been regulated by two different legal acts, numbered 2821 and 2822. In 2012, new legislation
to regulate collective labour relations and meet the requirements of the social parties was
proposed. The Law of Trade Unions and Collective Labour Agreements (Law no. 6356) is the
current principal legislative tool for dealing with trade unions and collective labour agreements,
as well as strikes and lock-outs. In the Turkish system, the formation of trade unions and employers’
associations is based on a voluntary and free basis and requires no previous approval
from administrative bodies. Employers’ organizations and trade unions both have legal personalities.
A double threshold approach for trade unions to conduct collective bargaining has been
criticized by the ILO on several occasions. Strikes are infrequently utilized as industrial action,
despite the fact that they are protected by the Constitution and Law No. 6356
The balance between constitutional values, rights and legitimate interests as a criterion of constitutionality of restrictions on the freedom of labour
No full textThe freedom of labour, as a principle which guarantees the right of the citizens to choose their
occupation and profession, is fundamental for establishing legal regulation of social relationship
in the relevant area. The legislator is obliged to ensure genuine and effective realization
of this freedom for citizens, based on equality and prevention of discrimination. At the same
time, the freedom of labour is not absolute, since in some spheres it comes across rights and
legitimate interests of other individuals as well as public interests, and it inevitably leads to
rivalry between rights and freedoms of various parties as well as values protected by the constitution.
The mechanism for legal regulation of the relationship emerging while realizing the
freedom of labour, which constitutes a combination, inter alia, of law-making and law enforcement,
is intended to ensure that rights and legitimate interests of all the participants in
this relationship are taken into account. The guidance for efficient accommodation of rights and legitimate interests of parties (private as well as public ones) in the sphere of labour is
given by the Constitution of the Russian Federation which envisages a possibility for restricting
constitutional rights and freedoms in general as well as criteria for such restrictions. The
federal lawmaker is to strive for such accommodation, and the mechanism of constitutional
justice is intended to promote this approach. Therefore, legal regulation of the relationship in
this area should respect the balance between constitutional values, rights and legitimate interests,
private as well as public ones, and it should be acknowledged as a separate constitutional
value which is intended to be a criterion for constitutionality of restrictions on the freedom
of labour
Grounds for the of an individual service relationship
No full textThe legislator established certain features of the emergence of state-service legal relations. For
the emergence of these relations, both the act of appointment to the position and the service contract are important. The article deals with the problems associated with the emergence of
an individual state-service legal relationship between the state (state body) as an employer and
a citizen or civil servant (employed) in the Russian Federation. A distinctive and main feature
of the emergence of public-service legal relations between the employer and the citizen (state
civil servant) is that the conclusion of a service contract is carried out with a person already
appointed to the appropriate position of the civil service on the basis of the issuance of the
relevant act of the representative of the employer. At the same time, there is no clear idea of
how the parties to a service contract should act when concluding it if there is no agreement
in principle between them on a number of conditions, given that the civil servant has already
been appointed by the employer to the appropriate civil service position and has begun to perform
his direct duties. The authors draw attention to the unsuccessful definition of a service
contract in Part 1 of Article 23 of the Federal Law of July 27, 2004 no. 79-FZ “On the State
Civil Service of the Russian Federation”, since the representative of the employer cannot be
an “employer”, and therefore, cannot be an independent subject of a service legal relationship.
The representative of the employer, only implements the functions of the employer, signs a
service contract on his behalf. The problems associated with the emergence of a public-service
legal relationship and the conclusion of a service contract, to date, remain largely unexplored
Именные шкафы: Традиция размещения книжных пожертвований в Библиотеке Бестужевских курсов
Full text linkОткрытая лекция к Международному дню книгодарения в рамках выставки "Коллекция и ее дарители