38961 research outputs found
Sort by
State policy in the sphere of legal regulation of labor under conditions of digitalization of economy
No full textDigitalization creates new challenges for public policy in the regulation of labor relations. The
purpose of the article is to identify the most complex problems associated with the introduction
of information and communication technologies in labor relations, and to outline ways
of their legislative solution. For this purpose the analysis of Russian and foreign scientific
literature, labor legislation, judicial practice, documents of the International Labor Organization,
including those adopted in 2020 in response to threats to labor relations caused by the
COVID-19 pandemic is used. The inefficient use of already available electronic resources for
the implementation of electronic case management is noted. The idea of the need to extend
modern technology not only to the electronic exchange of documents, but also to their creation,
storage, processing is supported. It is concluded that it is inexpedient to use an enhanced
electronic signature of an employee in labor relations, in connection with which it is proposed to use special digital platforms supported by the state. It is proposed to gradually get rid of the
practice of duplicating electronic and traditional “paper” records management. Relationships
formed in the process of application of distant labor contain all the classical features of the employment
relationship, which is facilitated by the employer’s use of modern means of control
over the behavior of the employee. Digital technologies create new opportunities for the use of
labor resources and make it possible to include new forms of employment in the scope of labor
legislation, where to a greater or lesser degree there is economic, organizational dependence
of the executor (employee) on the customer (employer), based on innovative means of control
and management, as well as the dependant’s need for traditional means of social protection.
Differentiation and decentralization of legal regulation is proposed to maintain the stability
of labor relations
New sources of criminal procedural and other judicial evidence in digital reality
No full textThe attitude of law, practice and science to actively appearing sources of evidentiary information
is controversial and belated. Besides some exceptions Criminal Procedure Code does
not contain special rules for handling electronic information. Meanwhile evidentiary rules
were formulated more than half a century ago and were principally oriented only on receiving
analog information. Electronic traces and ways of displaying legally relevant information
contained in them are sospecific that previous procedural forms are not usable nowadays.
Procedural science develops the theory of electronic evidence on a sectoral basis. However,
thecommunity of information-digital technologies which is lying in the core of impetuous
growth of importance of electronic information predetermines the possibility of producing
consolidated intersectoral rules. Examples of foreign science show the success of this approach.
Criminally-remedial practice uses only sourcesby which you can get paper analogs
or conduct an examination while proving. The extension of traditional inspection, seizure,
search and examination to electronic information lowers its efficiency and does not provide a
regime of secrets protected by law. A huge layer of electronic information remains outside the
procedural proof. Its real value is confirmed by its use in law enforcement intelligence-gathering
activities. Defensive side in criminal proceedings is deprived of even a few evidentiary
opportunities in relation to digital information. Civil, Arbitral, Administrative proceedings are more open to recent evidences. Equal rights of the contestants contribute to the development
of electronic evidence. A criminal procedure with a monopoly of the prosecution on it
strengthens the accusatory bias and impoverishes the proof as a whole. A further spread in the
share of electronic evidence in criminal procedural proving requires a change in approaches to
it, a rejection of the exclusively classical rules for dealing with them, the extension of civilistic
approaches to the relevant activities of the defense
Limping relationships in international family law
No full textThe article examines a legal phenomenon that has not received a generalized legal characteristic,
its research in international family law is fragmentary. The reasons for the “lame” relationships
are analyzed: differences in conflict of laws regulation, incorrect application of conflict of
laws rules, discrepancy between substantive regulations, conflict of jurisdictions; it is concluded
that “lame” relationships are the result of the interaction of conflict of laws, substantive and
procedural norms, leading to an undesirable legal effect. The author expresses doubts about
the effectiveness of such a method of eliminating “lame” relationships as the convergence of
legal systems, suggesting to pay attention to the competing traditional conflict tools and the
opposite methodological approach — recognition, the potential of which is underestimated
and insufficiently studied. Recognition is seen not as an alternative to conflict method, but as an additional way to overcome “lame” relationships. Replacement of national conflict of
laws rules in cross-border family disputes is illustrated by the practice of the European Court
of Human Rights and the Court of Justice of the European Union. Attention is drawn to the
existing models of recognition in common law countries and continental legal tradition, the
legal nature and place of the norms of Russian family legislation on recognition are analyzed.
The mechanism of recognition of foreign administrative procedures and decisions, foreign
documents in the Russian Federation is assessed. The author comes to the conclusion that
implementation in domestic law of various approaches to the recognition of foreign court
decisions, administrative procedures and documents issued by the competent authorities of
foreign states, proposing to unify them within the framework of a uniform recognition procedure
that excludes uncertainty and internal contradictions
Evolution of the concept of genocide through the lens of modern “memory wars”: International legal and intrastate dimensions
Full text linkThe article examines how the concept of genocide has evolved at the international and national
legal levels, beginning with its origins at the doctrinal level and culminating in international
conventions and national regulatory acts. Challenges regarding the definition of genocide and
ambiguous interpretation of genocide in relation to crimes against humanity were identified.
It is demonstrated that international justice bodies interpret the concept of genocide differently.
The study concluded that humanity did not fully utilize the potential of the United Nations
and International Criminal Tribunals in order to develop a joint measured approach to assessing
historical events, specifically World War II and the genocide in 1939–1945, in the context
of actualizing history and triggering memory wars. The positions of states to consolidate the
crime of genocide in criminal legislation are considered: compliance with the definition of
genocide in international conventions, extension of the list of groups against whose members
the genocide can be committed, leaving the list open as to which groups can be included. The
preferences of the second option are shown. Examples of states turning to the facts of genocide
committed in the past are given (for instance, Armenia towards Turkey, Namibia towards
Germany, Poland towards Germany and Russia, Russia towards Germany and its allies during
World War II), and it has been suggested that the material responsibility of states cannot be applied to events before 1945, since the desire to avoid it leads to non-recognition of political
international-legal responsibility.The part of the A. A. Dorskaia’s research was funded by the Russian Science Foundation (RSF), according
to the research project no. 22-28-01346 “Experiencing history as a factor in the self-identification of
states and peoples in the 21st century: The legal dimension”
Actual practice of linguist expert within the speech offenses: Relevance and problems
No full textThis article raises the problem of the uncertainty of legal norms related to speech offenses,
which can be traced, in particular, in Art. 5.61 “Insult” of the Code of Administrative Offenses
of the Russian Federation in relation to the concepts of a generalized negative assessment and
indecent form of expression. The author believes that the adoption of a new wording of the
plot of this article did not eliminate the existing uncertainty, on the contrary, new, even more
uncertain elements led to the danger of an arbitrary broad interpretation of this legal norm
and equally arbitrary judicial decisions in cases of insult. The article emphasizes that under
such conditions, linguistic expertise becomes of particular importance as an important way
to establish the essential signs of insult. However, despite the fact that, in relation to the legal sphere, one can quite confidently speak of the already established institution of linguistic
expertise, nevertheless, in cases involving personal insults, linguistic experts continue to face
a number of problems. Difficulties are associated with the assessment of a particular word as
subject to the disposition of an insult, with the definition of decency/indecency of a linguistic
form of expression, with the inability to codify the norms of morality and morality, with the
use of various linguistic approaches by experts, as a result of which many questions remain debatable.
Examples of such situations are also given in the article. According to the author, the
legislator should clearly define the conceptual content of all components of the objective side
of offenses related to personal insult, at the same time, professional linguists should develop a
common understanding and a common strategy in solving these problems. This article is an
attempt to take a step in this direction
UK in Africa before and after Brexit
No full textThe article raises the question of the place of Tropical Africa in the system of British foreign
policy priorities before and after Brexit. It is shown that the African continent traditionally
played an important role in the colonial empire of the United Kingdom, and its importance
only intensified under the conditions of decolonization and the Cold War, which was
demonstrated by the first visit in the colonial history of the country of the British leader of
H. Macmillan to Africa south of the Sahara in February 1960 (“Year of Africa”) and drawing
attention to the future of the continent in connection with the acquisition of sovereign
status by the colonies. However, after this tour, the weakening of Britain’s ties with the
continent in the trade, economic, political and other spheres gradually began to occur, and
only after the Brexit referendum on June 23, 2016, the UK announced a reset of relations
within the loud slogan and foreign policy line “Global Britain”. In August 2018, Prime
Minister T. May made a large-scale visit to the key countries of Tropical Africa, similar to
H. Macmillan’s trip in terms of numbers, status and intentions, on the eve of the completion
of a series of negotiations with the European Union and the country’s withdrawal
from it. In addition to analyzing two of the British leaders’ trips, the article raises important
contemporary questions about the incompleteness of decolonization, the future of
development policy, and the overall prospects for the UK’s relationship with sub-Saharan
Africa. Attention is also paid to the economic aspects of interaction between the parties
and the updated priorities of Britain in the context of the pandemic and the challenges of
European and global security under the influence of a new configuration of the system of
international relations
New economic geography: Thirty years later
No full textIn the past three decades, many analytical and quantitative models have been developed that
seek to explain the inequalities in the spatial distribution of wealth and people, from international
and regional to urban. We show that a number of theoretical and empirical works
have shaped the New Economic Geography, whose framework is defined by general equilibrium
models, heterogeneity, and microeconomic data of quantitative models. Early theoretical
work focused on stylized analytical models that made empirical research difficult. The transition
to empirical research required a revision of the canonical assumptions that are used in the
basic models. Quantitative models focus mainly on applied issues of spatial economics with
significant public policy implications. Quantitative models validate the results of analytical
models using classic micro-foundations borrowed from urban and transport economies. The
challenge for the New Economic Geography is an interdisciplinary dialogue with institutional
economics, economic sociology, and endogenous growth theory to explore the problems of
institutional heterogeneity and inequality of opportunity. In fact, we can talk about the fusion
of disciplines, which will allow us to apply the provisions of the New Economic Geography to
the analysis of historical, geographical and other modes of functioning of institutions.The study was carried out with the financial support of the Russian Science Foundation within the
framework of the scientific project No. 22-28-20358
A Regularized Asymptotic Solution of the Cauchy Problem for the Nonhomogeneous Schroedinger Equation in the Quasiclassical Approximation in the Presence of a "strong" Turning Point of the Limit Operator
No full textThe article is devoted to the development of the regularization method by S.A. Lomov on singularly perturbed problems in the presence of spectral singularities of the limit operator. In particular, a regularized asymptotic solution is constructed for the singularly perturbed inhomogeneous Cauchy problem that arises in the quasiclassical approximation in the Schroedinger equation in the coordinate representation. The potential energy profile chosen in the paper leads to a singularity in the spectrum of the limit operator in the form of a turning point. Based on the ideas of asymptotic integration of problems with unstable spectrum, S.A. Lomov and A.G. Eliseev, it is indicated how and from what considerations regularizing functions and additional regularizing operators should be introduced, the formalism of the regularization method for the indicated type of singularity is described in detail, this algorithm is substantiated, and an asymptotic solution of any order with respect to a small parameter is constructed.The work by supported by the Russian Ministery of Education and Science
(ProjectFSWF-2023-0012)
Moral metaphysics as philosophy of culture in Tu Weiming’s Boston Сonfucianism
No full textNew Confucianism is a philosophical movement which seeks to combine Confucian tradition
with Western philosophical thoughts. The idea appeared to some extent due to ideological
motives. For instance, New Confucian Mou Zongsan formulated the concept of moral metaphysics,
which was supposed to compete with Kantian transcendentalism. Moral metaphysics
is further developed by Mou Zongsan’s follower Tu Weiming, who belongs to Boston school
of New Confucianism. His moral metaphysics is essentially different from that of Mou Zongsan.
It is based on the notion of “self-enlightenment” (cheng). It presents an idea that in some
cases interpretation can serve as a research method and be more precise than analysis. The
focus of investigation is not the way how something first emerged and developed, but how
it was examined and interpreted afterwards. In other words, the key to understanding is the
“second birth” of things which happens during the interpretation. But to interpret correctly,
we should possess the full knowledge of “ourselves”. However, “oneself ” also turns out to be
not a separate body subject to analysis, but an aggregation of interpretations offered by others.
The drawn conclusion is that everything exists only when it has an opportunity to interpret
oneself during interaction. And in this sense “self-enlightenment”, according to Tu Weiming,
is a “certain form of metaphysics”. This article, however, suggests narrowing this conclusion to
cultural existence. Unlike Mou Zongsan, Tu Weiming does not intend to prove that the Chinese
philosophical thinking is better than the Western one. We can view his moral metaphysics
as a certain type of philosophy of culture. It does not offer a precise analytical approach,
but it does present a certain pattern of thought, which deals with embracing the form of one’s
cultural existence
