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Application of civil law institutions in customs practice
No full textThe article deals with the issue never explored before in Russian legal research: the application
of civil law provisions to the regulation of several types of relationships in customs practices.
The issue is acute as with the changes in civil law it is necessary to find out whether we need to synchronize with this process the other branches, seemingly not related to civil law. Moreover,
the article gives another case in point to the current process of mutual integration in different
spheres and branches of law. The authors expand upon the concept of the complex and predominantly
public nature of customs legislation and attempt to find out, what limits the civil
law has when dealing with the customs regulations. Another interesting point is the interaction
between customs and civil law when applied to relations between businesspersons and
customs bodies and officials. The article analyzes particular features of representation, storage
and warehousing, pledge and guarantee, insurance, when applied in customs practices and the
regulation thereof in customs laws. The research uses comparative methods, showing similarities
and differences in the approach of the relevant customs regulations in Russia, foreign
countries and integrating units such as EU and EAEU. The authors conclude that customs laws
and regulations constitute a perfect example of combined use of legal instruments related to
different law branches and of different nature for the sake of efficiency of the influenced and
regulated system
TEXTS ABOUT THE SCIENTIST: THE CONTENT OF THE COMMENTARY IN THE ASPECT OF RUSSIAN AS A FOREIGN LANGUAGE
Full text linkThe effectiveness of foreign languages teaching (and Russian as a foreign language) is
determined, in particular, by the quality of the commentary accompanying the texts used in the educational process. In teaching foreign languages lexical and grammatical commentary
is usually used to remove language difficulties, as well as cultural comments
on some words and expressions explain to foreign students the specific phenomena of
Russian culture. However, difficulties in understanding the text when studying Russian
as a foreign language indicate the need to expand both the objects of comment and the
content of the comment itself. The solution of this applied problem directly depends on
linguistic knowledge that reveals the categories and units of the text, the peculiarities of
its semantic composition, the specific speech organization caused by a particular type
of text. Texts about scientists are relevant in teaching a foreign language. They showed
the relevance of three varieties: 1) texts implementing the semantic model “A person
and his actions” (tell about the activities of a scientist); 2) texts implementing the model
“A Person and his qualitative characteristics” (express an assessment of the personality
of a scientist, convey an opinion about a scientist); 3) texts combining the first two types.
This third type usually placed in a more general, abstract context of reasoning (related to
a particular problem of scientific activity of a scientist). Commentary as a possible tool for
interpreting texts of these types indicates the necessary objects of training commenting,
revealing their content in accordance with the text-characteristics of a particular type of
text. Comments allow you to introduce lexical and syntactic material that ensures the
implementation of author’s intentions, to reveal the information structure of the text, implications,
logical and semantic connections of the components of the text structure. As a
material for analysis and its interpretation are used: 1) educational text Dmitry Ivanovich
Mendeleev, 2) text fragments from the book by M. Buras Linguists who came from the cold
(2022), 3) essay by E. Vodolazkin The Truth about Schliemann (2015). Refs 13
“KALEIDOSCOPIC” NOVEL OF JOSIP OSTI IN THE ASPECT OF TRANSCULTURALITY
Full text linkThe Slovenian-Bosnian poet, writer, essayist, literary critic, translator and editor Josip
Osti (1945–2021) was born in Sarajevo, lived and worked in Slovenia since 1990. Being
a recognized poet in his homeland, writing in Croatian, one of the largest translators of
Slovenian literature into Serbo-Croatian, since 1997 he has been writing in Slovenian. The transcultural aspects of Josip Osti’s literary works, both poetry collections and novels, are
a unique phenomenon. In our study, we turned to the novels of Josip Osti, namely his
trilogy — Ghosts of the House of Heinrich Böll (2016), In Front of the Mirror (2016) and Life
is a Creepy Fairy Tale (2019). All three works have a strong (auto)biographical component
and form a special novel form, which the author calls the “kaleidoscope-mosaic” novel.
The latter has a fragmented structure and consists of short stories, life stories, anecdotes,
urban legends, essayistic notes, literary-critical digressions, lyrical passages, diary
entries, etc. In Osti’s novels, we also find a connection with the tradition of short prose
in Bosnian-Herzegovina literature, in particular, with the works of the 1990s by such authors
as M. Jergović, D. Karahasan, N. Veličković, K. Zaimović and others. Their texts are
characterized by a destabilized genre form, a mosaic narrative, personal and documentary
evidence, and a palimpsest narrative model. The kaleidoscopic structure of Osti’s
prose texts helps him to reflect the transcultural view characteristic of his intimate and
artistic world, to embrace the complex overlap of heterogeneous elements. The novels
are written in Slovene, but they are mainly devoted to the space of Sarajevo, the unique
multicultural atmosphere of this city, as well as the tragedy unfolding in it; thus, the writer
complements the so-called “Sarajevo text”, but already in the field of Slovenian literature,
artistically comprehending the interconnectedness of Bosnia and Slovenia. Refs 19
THE BUSH IN ALEXANDER KUSHNER’S POETRY: SEMANTICS OF IMAGERY
Full text linkThe article deals with one of the most frequent imagery in Alexander Kushner’s poetry
— the bush. The source of the research is the whole corpus of the poet’s lyrics — from
Kushner’s first poetry collections in 1960s to his latest magazine publications. In studying
the semantics of the imagery we strive to employ a complex approach, using elements of
comparative historical, formal and structural methods. Among Kushner’s floral imagery
(the garden, the tree, the bush) it is the bush that appears the most important and ambiguous.
The article demonstrates the meaning of the imagery (as A. Ariev states it, the
bush is the Kushner’s “main metaphor of life”) and its agreement to Kushner’s poetics
(attention to the small, the private, the day-to-day. the proportionality to the man, the
publicity waive. It is shown that there is a persistent comparison of the bush and the poet’s lyrical ego. For the first time, the following functions are revealed: 1) bush as a part of
the landscape, including the urban one, and as a marker of Leningrad/Saint-Petersburg
space; 2) bush as a limit between the worlds: a) between the mudane life and the death;
b) between the mundate life and the higher divine existence; 3) bush as a metaphor of
death: the imagery of a broken, fruitless and snow-covered bush symbolises the death as
an oblivion; 4) bush as a metaphor of eternal life: the imagery of a flowery bush may be
used as an icon of an “eternal spring” that awaits the human beyond the limits of earthly
life. In addition, Kushner’s bush is tightly connected to the whole topic of creativity,
seizing of speech and divine presence (the Burning Bush). The article shows complexity,
ambivalence of the imagery. Refs 9
Посвящение книги — дар, который ждет ответа (на материале изданий XVI–XVIII вв.)
Full text linkВыступление с лекцией на Международный день книгодарени
Employment relationship and platform work: Global trends and case of Kazakhstan
Full text linkThe global response to the phenomenon of platform work has various forms and approaches.
The general trend is that numerous court cases are succeeded by legislative initiatives. It is
obviously that platform workers no more cannot be considered as a pure entrepreneur or selfemployed
persons. Due to the control of “hidden algorithms” they fall under the power of the
gig company more than ordinary independent contractors. The case of Kazakhstan confirms
this approach and proceeds from the special regime of the platform labour within the scope
of employment regulation. However, we should seek a balance between social and economic
function of labour law. Traditional construction of employment relationship cannot be entirely
applied to the platform workers. Nevertheless, it is crucial to ensure decent labour conditions
for them. The solution of the problem is enforcement of presumption of employment
based on flexible regulatory policy to this form of employment. For example, Kazakhstan’s
response to the platform work challenges is based on distinction between location-based and
web-based platform work depending on the degree of employer’s power. The hidden algorithmic
control of location-based platforms is a core element in a set of proofs recognizing employment
relationship between gig companies and their workers. At the same time web-based
platforms present more autonomy of their workers who can serve as independent contractors
or freelancers. The author concludes that the international community shall elaborate wellbalanced
approach to regulation of employment relationship based on digital platforms
«Откуда есть пошла» восточная коллекция НБ СПбГУ и при чем тут Великая французская революция?
Full text linkОткрытая лекция к Международному дню книгодарения в рамках выставки "Коллекция и ее дарители
Observance by religious employees of the requirements for appearance and business etiquette established by the employer
No full textIn Russia, labour disputes are increasingly arising over the fundamental admissibility of employees
observing the norms of the religion they profess, ethical teachings and the possibilities
for obliging employers not to interfere with their observance by creating appropriate conditions
for the use of labour. Law enforcement practice, in the absence of clear guidelines in the
legislation, “disguises” such disagreements as disputes about dismissal for violation of labour
laws, ignoring their true discriminatory nature. The article analyzes in detail one of the sections
of the designated problem of reconciliation of labour and religion — the observance by
religious workers of the requirements for the appearance and rules of business etiquette at the
employer. Considering the problem, the author starts from the three main religious needs of
the employee, which he seeks to satisfy in a controversial situation of contradiction between
the employer’s requirements and religious norms. Drawing extensively on materials from foreign
practice and analyzing Russian legislation, the author comes to the following conclusions.
The ability of an employee to satisfy a need such as the wearing of religious clothing, symbols,
or other external manifestation of religious commitment will depend on what regulation is
established by the employer in this regard. It also gives an assessment of the so-called policy
of religious neutrality, established at the local level. As for the need for an employee to verbally
express his religiosity and views, the employer has the right to prohibit such actions if
they cause inconvenience to other employees or customers, threaten to lose customers, the
image of the employer, and also to prevent proselytism in the team of employees. Finally, an
employee for religious reasons may express a desire to refrain from participating in the employer’s
corporate events: coercion by the employer to the contrary clearly constitutes indirect
discrimination
Interpretation of legal facts in court in the course of a labour dispute
No full textThe article is devoted to the study of the specifics of views on judicial law-making at the level
of interpretation of legal facts in the course of a labour dispute. The author considers the
prerequisites for the formation of these ideas, reveals their content, notes the debatable aspects
of their essence, shows the theoretical and practical significance of the methodology
of judicial law-making. Based on the analysis, it is concluded that the actual recognition of the law-making monopoly of the court is accompanied in the institutional theory of law by
attempts to substantiate its realism and rational limitation, focusing on the importance of the
court decision as the responsibility of the individual choice of the law enforcement officer, a
tool to fill gaps, situational approach and a special stage of law and order. Theoretical conclusions
are supported by examples from the practice of courts in whose decisions it is possible to
trace the use of a balanced model. It is shown how, due to the effectiveness of interpretation,
including contra legem, judicial practice has an impact on the movement of the entire legal
system, on the entire process of implementing labour legislation during the movement of a
dispute. The author proceeds from the fact that judicial practice should be considered in two
aspects — as an element of the legal system and as an activity for the administration of justice.
In these manifestations, judicial practice is included in the mechanism of legal assignment,
establishing a connection between a legal fact and legal consequences. However, with all the
importance of judicial practice, its legal significance still remains not fully investigated, in
particular, the concept and meaning of legal provisions developed by the court and formalized
in judicial acts are not defined
Regulation of the work of remote workers: Analysis of judicial practice
No full textThe article is based on the materials of the monitoring of judicial practice. As part of the monitoring,
judicial acts of cassation instances in the field of implementation of legislation on the
labour of remote workers were analyzed. The problems that most often become the cause of disputes are identified. During the analysis of disputes on the recognition of an employment
contract concluded by the parties as a contract on remote work, it was found that the courts attach
decisive importance to the actual conditions of employment, rather than the formal consolidation
of the relevant conditions in the text of the contract. The problem of assessing the
legality of interaction between the parties to an employment contract is also significant, which
is determined by the specifics of such interaction, which in most cases involves the active use
of telecommunications, information systems, and appropriate technical means. The problem
of distinguishing the performance of remote work under an employment contract from the
performance of obligations under civil law contracts seems to be relevant. In such cases, there
is a contradictory practice based on different interpretations and assessments of factual circumstances.
The complexity of the problem in relation to remote work is further aggravated
by the fact that the very nature of remote work “blurs” some stable criteria for distinguishing
labour and civil contracts (employer authority, employer control, etc.). The authors come to
the conclusion that the existing problems of the practice of applying the norms on remote
work are mostly generated not by defects in the legislation itself, but are associated either with
individual shortcomings of a specific law enforcement process, or with general problems of
the theory of labour law. In this regard, it seems most appropriate to generalize law enforcement
practice on this issue and consolidate it at the level of a review of judicial practice or a
resolution of the Plenum of the Supreme Court of the Russian Federation