Showing papers in "BRICS Law Journal in 2018"

Cryptocurrencies legal regulation

Abstract: This article evaluates the legal framework of cryptocurrency in various countries. The new currency instrument is abstract currencies. They are currencies in the sense that they can be exchanged peer-to-peer. They are representations of numbers, i.e. abstract objects. An abstract currency system is a self-enforcing system of property rights over an abstract instrument which gives its owners the freedom to use and the right to exclude others from using the instrument. Cryptocurrency or virtual currency is a cryptographically protected, decentralized digital currency used as a means of exchange. Due to the development of new technologies and innovations, the rate of use of virtual currency is rapidly increasing throughout the globe, replacing not only cash payments and payments by bank transfer, but also electronic cash payments. Among the best-known representatives of cryptocurrencies are Bitcoin, Litecoin and Ethereum. Legal scholars have not yet reached a consensus regarding the nature and legal status of virtual currency. Virtual currency possesses the nature of obligations righ ts as well as property rights, since it may be both a means of payment and a commodity. Depending on the country, the approach to cryptocurrencies may be different. Today there is already an international cryptocurrency community that does not have a single coordinating center. Only progressive jurisdiction and state regulation of cryptocurrency activity will allow the creation of the conditions that will ensure the implementation of legitimate and safe cryptocurrency relations.

State sovereignty and self-defence in cyberspace

Abstract: Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?

Fighting against money laundering

Abstract: в его статье утверждается создание новой концепции сдерживания, которая полезна для банков и государственных политиков для борьбы с элитной отмыванием денег. В документе предлагаются идеи, позволяющие улучшить наше понимание проблем коррупции, местных дел и отмывания денег. Эти идеи синтезируются из современного мышления и текущих исследований, принимая теорию заговора. Данные свидетельствуют о том, что схемы мошенничества с участием синдикатов коррупции стали неразрешимыми либо из-за влияния, то ли из-за влиятельных людей, вовлеченных в коррупционные скандалы, что затрудняет реализацию антикоррупционных положений. Поэтому, безусловно, необходимо предусмотреть предостережение и рассмотреть анализ структурных сил, которые выявляют логику преступных форм и поведения. В документе также отмечается, что установление законов о борьбе с отмыванием денег и создание агентств по борьбе с отмыванием денег (строгое соблюдение законов) могут эффективно предотвращать хищнические действия финансовых посредников в содействии методам отмывания денег. В совокупном анализе основной экономической модели преступности результаты исследования обеспечивают значительную поддержку ряда постулатов теории заговора о преступности. К ним относятся эффект сдерживания в отношении преступников, таких как недобросовестный местный бизнес-персонал, развратники и отмыватели денег. В совокупном анализе основной экономической модели преступности результаты исследования обеспечивают значительную поддержку ряда постулатов теории заговора о преступности. К ним относятся эффект сдерживания в отношении преступников, таких как недобросовестный местный бизнес-персонал, развратники и отмыватели денег. В совокупном анализе основной экономической модели преступности результаты исследования обеспечивают значительную поддержку ряда постулатов теории заговора о преступности. К ним относятся эффект сдерживания в отношении преступников, таких как недобросовестный местный бизнес-персонал, развратники и отмыватели денег.

Brics and developing countries legal experts forum: emergence of international coordination in economic and tax law

Abstract: BRICS and Developing Countries Legal Experts Forum: Emergence of International Coordination in Economic and Tax Law.

The establishment of legal rules as an element of the system of legal influence: an instrumental approach

Abstract: The author considers the essence of the establishment of legal rules as the will of the State that forms the structure of social relations. Based on an instrumental approach, the author examines the establishment of legal rules and the rules of law in their interaction with social activity, which allows subjects to “find themselves” in the legal system. Thus, the structures of public authorities, establishments and enterprises are created, their goals and order of activities are determined, as well as the competence and powers of officials, and legal statuses are secured; consequently, the participants, objects, terms of starting, changing and terminating legal relations concerning society are determined, too. Hence, the law influences the content of social relations, which is activity. In general, the results of the activities of individual and collective subjects of law reflect social relations, and social relations need legal regulation. At the same time, social relations may appear not only as activity, they may also appear in a passive form as legal statuses, social institutions. They are also regulated through legal rules, and in that case legal influence is carried out through the establishment of legal rules. It is able to predict the legal forms of subject activities through the establishment of legal rules. The author puts forward a legal definition of the establishment of legal rules as a purposeful influence on public relations, which is to regulate by means of legal rules. Distinctions of legal regulation from legal influence are established. The legal means expressing external factors in reference to the subject’s will correspond to the establishment of legal rules. However, by analyzing a list of normative acts we can conclude that legal means should be established more logically. It is necessary to consider the dialectics of relationships between purpose and means in the field of rulemaking processes, since dialectics is of a two-way determinative nature.

Legal education in the brics countries in the context of globalization: a comparative analysis

Abstract: Legal education in the contemporary world is changing. The main influences are linked to developments in transportation and communication and the enmeshing of diverse economies embraced by globalization. Law schools confront more mobile and more ambitious students who wish to experience different jurisdictional practices, to serve the increasingly global business community and to be more competitive. This research examines the modifications required in legal education as a result of globalization with specific reference to law schools in the BRICS countries of Brazil, Russia, India and China. Research on higher education, and legal education in particular, has been growing in recent years, yet there is still a gap in the study and comparison of the specifics of legal education within the BRICS countries. This research makes an attempt to analyze and contrast the current goals, objectives, structure and quality of higher legal education in Brazil, Russia, India and China. The specifics of law schools have been studied over the past twenty years in correlation with economic, cultural and education trends in BRICS and globally. Based on research literature, practitioner literature and legislative sources, this paper outlines common and special features of lawyer training in BRICS. The prime similarity of the legal education systems in BRICS are global education trends and the influence of the U.S. and UK education systems. Each BRICS country experienced an “explosion” in the popularity of legal education and, consequently, the urgent need to reform the education process in order to attain better quality and affordability. The result of these reforms, taking place in each country from 1950 to today, has become the growing differentiator of the educational institutions, turning them into “elite” and “mass” law schools. The facets of legal education in Brazil, Russia, India and China are attributed to their national policies as well as the historical development of the educational institutions and their perception of what specific lawyer skills and competencies are demanded by the legal market and national population. We conclude that the structure and quality of legal education as well as the requirements and monitoring tools vary in each country. These are dependent on several factors: the specific country’s ideology, its economic development, its proximity to an “Eastern” or “Western” model, its ability to learn from foreign education systems and its attempts at self-identification in the global educational space.

Anti-corruption in the briсs countries

Abstract: Corruption is a global challenge which may impact negatively on economic growth and sustainable development of the BRICS countries (Brazil, Russia, India, China and South Africa). All of these five countries have been held back by corruption, in varying ways, but their rising importance to the global economic system ensures the spotlight now shines brighter than ever on them. Yet some of the BRICS countries have handled the issue better than others. According to Transparency International’s Corruption Perception Index (2017), in the BRICS bloc of major emerging economies, South Africa is ranked the best (71st), followed by China (77th) and India (81st), with Brazil is 96th and Russia 135th out of 180 countries. These five nations support the strengthening of international cooperation against corruption, including through the BRICS Anti-Corruption Working Group, as well as on matters related to asset recovery and persons sought for corruption. This article provides a detailed analysis of anti-corruption legislation of four of the BRICS countries (Brazil, South Africa, China and India), as well as a brief overview of the efforts of these countries in the fight against corruption.

The transfer of intermediated securities and of the correspondent russian law term

Abstract: The recent reform of the Russian Civil Code (hereinafter RCC) has also considerably touched the regulation of uncertificated securities. Such issues as the legal nature, the protection of a bona fide purchaser and the transfer, including the creation of security interests were precised by the legislator in the Code. As for the transfer, we may affirm that this was one of the main points of the reform in respect of those securities. What about the Swiss legislation, we can also affirm that the disposition of the intermediated securities was one of the key elements of the Federal Intermediated Securities Act, also known as FISA. In this article we intend to analyze precisely the methods of transfer applicable to intermediated securities under Swiss law and compare them with those which are governed by the modified dispositions of the RCC. In order to finalize our analysis on that subject we will also touch some points raised in the previous article. Thus, the present work will be the consequent continuation of the discussion started in my previous article.

Experiences of legal integration and reception by the brics countries: five passengers in a boat (without a dog)

Abstract: This article assesses the problems and prospects of the development of cooperation among the BRICS countries’ in the sphere of law and the movement of these countries towards the creation of a common legal framework. The article presents a comparative analysis of the systems of law, including the cultural, historical, social and political contexts of their formation and development as well as the functioning of the systems in the conditions of the modern world. The article particularly focuses on the subject of a common philosophy of law for the BRICS countries that would allow not only to establish the interaction of such dissimilar partners in the legal sphere, but also to move towards a new model of legal interaction for the whole world that has embarked on the path of globalization. Special means allowing the assessment of the possibility of future legal integration and globalization based on a common philosophy of law are the traditions and values of the civilizations represented by the BRICS countries. The article suggests that the core of the civilizational and value- based identity of each BRICS partner consists in a set of ideas and interpretations of the notion of justice clearly manifested in the controversy with the theory and ideology of justice proposed by the initiators and leaders of globalization - the countries of the West led by the United States. The theory and ideology of justice promoted by the "Atlantists" is concisely formulated in the book "A Theory of Justice" by John Rawls. Therefore, the reaction to and discussion of such a theory by the philosophers and jurists from Russia, India and China allows determining the contours of the common philosophical and legal position of these countries as well as outlining its significance for the future of the BRICS countries and, perhaps, of the whole system of legal relations in a new globalizing world.

Trips flexibilities and india’s plant variety protection regime: the way forward

Abstract: Article 27.3(b) of the TRIPS Agreement provides that members shall provide for protection of plant varieties either by patents or by an effective sui generis protection or both. While WTO member countries can choose from among intellectual property strategies to protect plant varieties, they may not choose to exclude plant varieties from IP rights protection without facing trade sanctions from the WTO dispute resolution body. The open-ended language of the article creates a flexible standard of protection sympathetic to developing nations’ socio-economic priorities, provided that the effectiveness requirement is satisfied. This flexibility presents a range of possibilities from systems like the plant patent regime of the United States or specific variety protection systems of the European Union to the possibility of customized plant protection regimes suited to the needs of developing nations. India, while complying with the requirements of the TRIPS Agreement for the protection of plant varieties, enacted the Protection of Plant Varieties and Farmers’ Rights Act. The fundamental ideology of the PPVFR Act is to address India’s concerns about protecting the rights of small and marginal farming communities, while at the same time promoting plant breeding by vesting adequate IP rights protection which will boost further research and innovation in this field. This paper argues that as it is necessary to recognize and protect the rights of farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties, the PPVFR Act has maintained a balance between breeders’ rights and farmers’ rights. The PPVFR Act protects farmers’ rights to save, use, exchange and share all farm produce, including seeds that fall within the purview of the Act, and it provides protection of indigenous knowledge against unwary monetization.

National policy for academic mobility in russia and the brics countries: 20 years of the bologna process implementation

Abstract: The article analyses the Russian Federal Education Programmes from the aspect of their impact on student and academic staff mobility. The subject of the analysis is the programmes adopted for the period 2000 to 2020 and their implementation reports. A cluster of academic mobility forms compiled by the authors is based on two groups: academic staff and students. The forms of academic staff mobility have been identified as: (1) a migration flow: outward and incoming; and (2) purpose: teaching and research. The forms of student mobility have been identified as: (1) migration flow: outward and incoming; and (2) purpose: credit mobility and degree mobility. The cluster is based on the National Reports on the Implementation of the Bologna Process by different countries from 2012 to 2015 and the Russian Federal Education Programmes. The analysis finds that academic mobility in Russia has been an indicator of the development of education programmes for almost 20 years. During this period, the government’s approach to academic mobility has undergone a change from a simple reference as an expected result to the establishing of quantitative indicators. The four quantitative indicators of academic mobility have been in place since 2000. As a result of the analysis, the authors conclude that among the forms of student mobility the most developed is the incoming degree mobility of international students. The student outward credit mobility is the least developed of the four indicators. In the current situation, it is necessary to reform and liberalise the recognition of study abroad periods for Russian students. Without reform, it will be difficult to achieve the target set by the government to have 6 percent of students studying abroad for at least one semester by 2020. The data for 2016 show that only a few higher education institutions have approached the target. The authors also identify problems relating to academic staff mobility.

Safety assessment and liability regulations in the context of genetically modified food in the brics countries

Abstract: International trade of food products is expected to increase rapidly with the widespread introduction of genetically modified (GM) food. There will be greater participation of developing countries based on investment as well as research and development. Investment in research and development and commercial production of GM crops is high in Asia, particularly in India and China, but also in Latin American countries, such as Brazil, and on the African continent, especially in South Africa. Despite the merits, the introduction of GM foods in the world market has continued to raise public concerns touching upon health, legal, social, ethical and environmental issues. Especially, the issue of contamination is considered asignificant threat at many stages of development of GM food. Transboundary aspects and certain aspects of the components of the food safety system such as safety assessment, liability and redress are still not completely addressed. The present study is the systematic review of the extent of the development of legislation and institutional mechanisms in relation to safety assessment and liability mechanisms for regulating the emerging GM foods in the developing countries of BRICS. Additionally, the comparison of the components of national food safety systems of Brazil, Russia, India, China and South Africa reveals differences in policy and regulation in relation to GM food.

Combating crime with the help of criminalistics

Abstract: This comparative study examines the issue of combating crime with criminalistic methods. It focuses on the role and significance of criminalistics in the system of substantive and criminal procedural law as a science standing at the forefront of the fight against crime. The criminals and their offenses as well as the investigation of criminal cases and judicial proceedings are the objects of the analysis. The correlation between the criminal sciences and general trends in the development of a number of European and BRICS countries (with China as an example) has been emphasized. Joint research into the most pressing problems of combating crime is believed to improve the efficiency of law enforcement activities. From this perspective, there is a need to develop a universal framework of categories and concepts which will help to create a unified forensic area in Europe and the BRICS countries.

Recognition of indigenous peoples in access and benefit sharing (abs) legislation and policies of the parties to the nagoya protocol

Abstract: The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of indigenous peoples and local communities (ILCs) in accordance with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). States Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the prior informed consent of indigenous communities and their effective involvement in preparing mutually agreed terms before accessing genetic resources and associated traditional knowledge or utilizing them. Within the ambit of contemporary debates encompassing indigenous peoples’ right to self-determination, this paper examines the effectiveness of the percolation of the legal intent of international law into existing or evolving domestic laws, policies or administrative measures of the Parties on access and benefit sharing. Through an opinion survey of indigenous organizations and the competent national authorities of the Parties to the Convention on Biological Diversity (CBD), the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for the rights of indigenous communities are too inadequate to effectively implement the statutory provisions related to prior informed consent, mutually agreed terms and indigenous peoples’ free access to biological resources as envisaged in the Nagoya Protocol. As these bio-cultural rights of indigenous peoples are key to the conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS law and policies.

E-justice and information technologies in civil Procedure

Abstract: .

Transparency and confidentiality requirements in investment treaty arbitration

Abstract: he values of confidentiality and transparency are often invoked in the theory and practice of investment treaty arbitration. Transparency is considered to be one of the key aspects of good governance and corporate social responsibility. It includes the obligation of the host state to publish all the legal rules, regulations and other statutory requirements affecting investors. Confidentiality is considered the hallmark and unique feature of arbitration as a dispute resolution mechanism. However, it is difficult to balance these two values, in principle due to the difference in the various investment arbitration cases, as well as the high degree of public interest involved in such proceedings. The competing interests between transparency and confidentiality have significantly increased in the recent past, and the difficulty lies in drawing a medial line between them. There is also debate as to what extent non-disputing parties are allowed to participate in investment arbitration, and what the essential requirements are to admit them. It is in this connection that this article makes an in-depth analysis of how investment arbitration frameworks have approached the questions of transparency, confidentiality and amicus curiae participation over the years. The article assesses and explores similar issues within the International Convention on the settlement of investment disputes between States and nationals of other States, 1965 (ICSID), the North American Free Trade Agreement, 1994 (NAFTA) and the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, 1978. The study also makes a critical analysis of celebrated cases falling within each category. The article further elaborates the transparency requirements in the U.S. Model Bilateral Investment Treaty (BIT), 2012, and the recently adopted Indian Model BIT, 2015. The study is very significant because the United Nations has recently adopted the Convention on Transparency in Treaty-based InvestorState Arbitration, 2014 (Mauritius Convention), which ensures transparency and public accessibility to investor-state arbitration.

The international responsibilities of developed countries in adaptation to and mitigation of climate change: an ethical mandate

Abstract: This article asserts three propositions. First, climate change and/or global warming has (and will continue to have) qualitative differences in its nature and impact on rich and poor countries, thus demonstrating the imperative of adaptation to and mitigation of its effects. Second, the current international environmental regime is insufficient for sensible global distributive justice. What is more, in the absence of an adequate regime the world continues to ignore fundamental ethical issues and the immediate needs of climate-vulnerable countries. Third, the effective preservation of the environment necessitates that developed countries bear the (ethical) responsibility for meeting the costs associated with climate change, and urgently and unremittingly discharge their obligation to assist developing and/or least developed countries in adapting to and mitigating the impact of global warming.

The development Bank of BRiCS

Abstract: This paper takes aim at the international financial system through the lens of the New Development Bank of the BRICS countries with an analysis of the Bank’s impact and relevance vis-a-vis the system. The work compares the traditional characteristics of international development institutions such as the World Bank and financial entities directed by national authorities with international solutions such as the New Development Bank, whose goals are to boost the infrastructure and renewable energy sectors of its five member countries as well as those of other developing countries. The work lays out insightful data on foreign direct investment of BRICS, GDP growth analyses, imports and exports inside and outside the BRICS group for a clearer understanding of the companies and businesses involved in the group. The work highlights an outlook of investment and development engaged in this new form of South-South cooperation which has been created by BRICS.

Priorities and possible risks of the brics countries’ cooperation in science, technology and innovation

Abstract: The viewpoint of most countries towards participation in programs and projects of international science and technology cooperation (ISTC) is based on the fact that collaboration in research and development allows them to increase the efficiency of national research systems and accelerate the inflow of new knowledge and technologies. The BRICS countries share this viewpoint; however, their aspirations go further, extending their concerns and expectations to cooperation in the sphere of innovation. BRICS – the association of Brazil, Russia, India, China and South Africa – was established in June 2006 at the St. Petersburg economic forum (South Africa a participant since 2011). Its results in establishing frameworks for cooperation in many sectors of their economies including science, technology and innovation demonstrate an unusually rapid growth. The BRICS countries’ cooperation in science, technology and innovation started in 2014; since then, the five countries have carried out important steps in bringing together their practical approaches to science, technology and innovation cooperation. This article is devoted to an analysis of the dynamics of the BRICS countries’ cooperation in science, technology and innovation, and the possible risks and problems in the organization and implementation of joint projects. The need to go further in elaborating legal frameworks for international science, technology and innovation cooperation that would support the transition of their cooperation activities from science and technology to innovation is underlined.

Military intervention in the gambia: lessons from the ivory coast, liberia and sierra leone

Abstract: This article analyses the recent Economic Community of West African States (ECOWAS) military intervention in the Gambia, primarily focusing on possible legal bases for the enforcement action. It examines the political situation following the release of the election results and details the international response to the post-election situation in the Gambia. Among the legal bases assessed include United Nations Security Council authorisation of regional enforcement action under Chapter VIII of the U.N. Charter through Resolution 2337 (2017), intervention by invitation and consent through prior treaty. In so doing, the article also illuminates the plausibility that the ECOWAS military intervention may be considered as unilateral enforcement action, a point further stressed through an analysis of prior ECOWAS interventions, most notable, the interventions into Sierra Leone and Liberia. Moreover, the intervention in the Ivory Coast following the 2010-2011 post­election crisis is also examined in showcasing the situational similarities between those in the Ivory Coast and those in the Gambia. In so doing, the article inter alia, explores the international legal framework pertaining to the prohibition of the threat and use of force; analysing its nature as well as exceptions to it. Article 2(4) of the U.N. Charter, read together with Article 53, therefore form the backbone of the contribution.

“atomic law” or “nuclear law”? an academic discussion revisited

Abstract: The terms “atomic law” and “nuclear law” are regularly being (to a certain part as synonyms) used in both scientific and popular literature to refer to a body of legal norms, governing peaceful uses of nuclear energy and ionizing radiation, as provided by sources of international law (“international atomic law,” or “international nuclear law”), national legislation and a complex body of unbinding norms (soft law). Further, several other variations of these terms are also regularly used (such as “atomic energy law,” “nuclear energy law,” “international nuclear law,” “law of the atomic/nuclear energy,” etc.). This contribution aims to identify the origins of this terminological labyrinth and to deal with the perception of these terms in the legal scholarship. Further, this contribution deals with the recent perception of these terms in the legal science of major States, using nuclear energy for peaceful purposes. This article aims to clarify the existing terminology, which is to large extent being used in the literature without an appropriate explanation. The author pleads for a consequent use of the term “nuclear law” (droit nucleaire, yadernoe pravo, Nuklearrecht, derecho nuclear, diritto nucleare) and presents arguments for such conclusion.

The range of administrative justice specializations in russia and the other brics countries

Abstract: This article deals with the challenges concerning increasing administrative justice efficacy in Russia and other BRICS countries, where the specialized development of jurisdictional bodies is inconsistent and far from effective. The article analyzes the gaps and disputed aspects of administrative justice including the mechanisms for judicial administrative dispute resolution in the BRICS countries. The authors argue that the level of effectiveness of administrative justice vested in judicial procedures depends critically on the specialization of the administrative courts. This involves individual judges, separately operating permanent judges, judicial committees, mono-courts, independent administrative judicial systems incorporated into larger judicial systems within the courts of general jurisdiction, and separate and independent administrative and judicial systems. Even though the BRICS countries do not have a structured administrative judiciary, the retrospective and comparative analysis of their administrative justice jurisdiction and its most effective practices and mechanisms undertaken by the authors enables them to rethink the existing approach to resolving administrative cases via the judiciary. The aim of the article is to initiate the creation of an independent administrative court system organization in order to ensure better justice in the areas of social life including legal relations with executive bodies. Suggestions for the implementation of the specialization of the administrative judiciary in the Russian Federation are given. The authors, for the first time in Russian jurisprudence, propose a theoretical model of an independent, four-tiered specialized legal mechanism of administrative justice, which includes the interrelated factors of court organization, the judiciary and their legal status. The range of the four specialized tiers of the administrative judicial system is proposed. It is argued that they should include a systematic succession represented by lower courts, first instance lower courts, area courts and a Higher Administrative Court of the Russian Federation.

Prevent Environmental damage during armed conflict

Abstract: International humanitarian law consists of different rules that are used for protecting people and restricting the methods of warfare. The application of international humanitarian law is not only limited to the protection of victims related to armed conflicts during the outbreak of hostilities; however, it is also helpful for protecting the victims of these conflicts, including environment. The legal rules for the protection of environment in armed conflict also provide legal protection for the environment during the outbreak of hostilities. The study is divided into several sections, starting from environmental damage in the context of warfare. Afterward, the study discusses the importance of preventive measures in armed conflicts. Furthermore, the properties of prevention protection of environment are discussed including cultural property, engineering installations and protected areas near hospitals and safety zones. The study has shown positive consequences of preventive protection method in both the conduct and the outbreak of hostilities. A set of mechanisms or legal procedures is imposed under humanitarian conventions to provide preventive protection to the environment. The principles of humanitarian law have been developed and enforced through the actions of the Red Cross. However, proved nonetheless to be insufficient to prevent environmental destruction. Principally, the enforcement mechanisms hindered the effectiveness of the provisions. In contrast, several conditions for the possibility of registering cultural property in the international register of cultural should be encouraged based on special prevention mechanisms so that the humanitarian conventions can take serious considerations towards it.

Fundamental rights of peripheral constitutions: a new theoretical approach and the zika virus in brazil

Abstract: This essay proposes a new theoretical model directed towards the observation of fundamental rights present in the Constitutions of peripheral States. Parting from a critical revision of classic perspectives oriented by the dogmatic affirmation of fundamental rights and the institutional tradition derived from sociological observation, these rights perform a dual function. They are responsible for the structuring of normative expectations and, at the same time, they construct internal dogmatic limits within the system. Through the contributions of phenomenology and social systems theory, this model suggests autonomous spheres of fundamentality in contrast to the classical unity of fundamental rights. Furthermore, the balancing schemes are substituted for an internal “law of collision.” Conflict resolution undergoes a shift from the traditional method to the system’s reflexive pragmatics, contributing to the legal security and the democratic legitimacy of judicial review. Finally, it verifies how this theory could be applied to the advent of the Zika virus which affected Brazil from 2015 to 2017. As the Zika virus crisis involves different spheres of fundamentality, entailing a range of systems of law and therefore revealing different collision patterns, this essay demonstrates how this new approach could contribute to the control of solutions.

Crime as an object of inquiry in russian criminalistics aleksey bessonov

Abstract: This article deals with the definition of the subject and objects of modern Russian criminalistics. It is aimed at sensitizing world public opinion to the necessity of inquiry into the criminalistic essence of crime and encouraging criminalists to study new techniques of crime investigation in order to mitigate risks and reduce errors arising in the criminal investigation process. One of the main objects that is constantly undergoing research in Russian criminalistics is criminal activity. The subject of Russian criminalistics is the regularities of criminal activity. When investigating crimes scientists are interested in the information that allows the successful investigation of the crimes and determination of the offender. The information about different types of crimes, which is necessary for crime investigation, is accumulated in the criminalistic characteristic of crimes. The Criminalistic Characteristic of Crimes is a scientific theory of modern Russian criminalistics that makes it possible to fully examine the specific features of crimes of all kinds, i.e. the forensic nature (essence) of crime, the system of crime elements with their characteristics, and the relationship between those elements. In U.S. and European criminalistics, the regularities of criminal activity are not defined as an object of study of this science. Yet, in the U.S. and European countries criminal profilers investigating criminal cases study the criminal links between crimes to identify crime series and crimes committed by similar offenders (or to determine co-offenders).

The “justice index” is a step towards the implementation of the global goal 16 of the u.n. agenda

Abstract: This paper proposes a method for measuring sustainable development as a means of the implementation of the Global Goal 16 of the United Nations Agenda. This method is the primary attempt to quantify the quality of the rules of the judiciary and access to a court in order to monitor sustainable development in the area of justice. In the recent years, the U.N. drew attention to the fact that qualitative changes should be evaluated through quantitative indicators. The authors’ methodology is based on the fair trial standard formulated by the European Court of Human Rights based on the interpretation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the public services standard of the Russian Federation. This indexing method helps to assess the current level of legal guarantees in the rules of legal proceedings and draft legislation, and to establish their compliance with the fair trial principles. Indexing the access to justice has another positive effect – it helps to monitor the local situations and every level of the judicial system. Putting this method into practice will encourage avoidance of the adoption of bills that might reduce the level of legal guarantees and will assist attempts to monitor its dynamics. It could promote the introduction of effective procedures and better access to court, ensure the improved accountability of all public justice institutions at all levels and support overall societal wellbeing.