scholarly journals Constitutional Legal Framework of Local Government in Russia and South Africa

2021 ◽  
Vol 8 (1) ◽  
pp. 35-62
Author(s):  
R. Aliev
Keyword(s):  
South Africa ◽  
Local Government ◽  
General System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fundamental Difference ◽  
Public Authority ◽  
Brics Countries ◽  
Legal Nature ◽  
Constitutional Reforms

The article examines certain issues relating to the constitutional and legal regulation of local self-government in Russia and South Africa in the context of their cooperation within the partnership of the BRICS countries, as well as the constitutional reforms of local self-government carried out in these states. It is noted that, despite the fundamental difference in the historical prerequisites for their implementation, the constitutional and legal approaches to determining the legal nature of local self-government and identifying its status in the general system of public authority in these countries have similar features. This circumstance, according to the author, indicates the potential for a convergence of the systems of legal regulation of these countries and actualizes the need to exchange experience in legal regulation in this area in order to solve similar problems of development of local self-government.

scholarly journals Industrial and scientific-technological integration of the EAEU member-states in the area of remote sensing of the Earth: legal and program framework

2021 ◽  
pp. 1-42
Author(s):  
Mark Vladimirovich Shugurov
Keyword(s):  
Remote Sensing ◽  
Legal Framework ◽  
Legal Regulation ◽  
Successful Implementation ◽  
Member States ◽  
Strategic Integration ◽  
Leading Role ◽  
The Earth ◽  
Legal Nature ◽  
Legal Model

The subject of this research is the legal framework for scientific-technological and industrial cooperation of the EAEU member-states in the area of remote sensing of the Earth, reflected in the provisions of international agreements and acts of the Union bodies. Emphasis is placed on the analysis of the legal nature of the EAEU transnational program for the creation of an integrated remote sensing system, characterized by the author as a promising organizational legal instrument for cooperation and integration. Special attention is given to the factors of its successful implementation. The research is conducted in the context of theoretical and practical aspects of strategic integration of the EAEU in the space sector. The novelty consists in substantiation of the fact that in the conditions of specific state of legal regulation of cooperation of the EAEU member-states in the space sector, the leading role in the mid-term perspective would be played by program control. In turn, it would contribute to the systematic development of general, as well as special legal framework for cooperation in the space sector. The author’s main contribution consists in pursuing correlation between the system of legal and program framework for cooperation in the area of remote sensing of the Earth and the legal model of EAEU, as well as the legal model of scientific-technological and industrial integration.

scholarly journals LEGAL NATURE OF THE TERM OF PRECIOUS STONES IN FORENSIC EXAMINATION: PROBLEMS AND WAYS FOR THEIR RESOLUTION

2020 ◽  
Vol 22 (2) ◽  
Author(s):  
P. Baranov ◽  
R. Kirin ◽  
S. Shevchenko
Keyword(s):  
Forensic Science ◽  
Practical Interest ◽  
Legal Framework ◽  
Legal Regulation ◽  
Rights Protection ◽  
Forensic Examination ◽  
Legal Nature ◽  
Regulation Of Activity ◽  
And Control ◽  
Precious Stones

The article addresses general issues of applying the regulatory adopted term “precious stones” regarding forensic examination practice in Ukraine, including in the field of subsurface resources management and gemological evaluation of jewelery. It is shown that domestic legal framework requires to introduce a separate law on gemstones circulation taking into account general principles of property valuation and consumer rights protection. The Article Purpose is to formulate an author’s contribution to the analysis of problems connected with disclosure of gemstones legal nature in the field of forensic science and the development of proposals for their possible overcoming. The necessity in special legal regulation of activity on mining, production, use, storage of gemstones and manufactures thereof, forensic examination and control over operations with it, is defined by intensity of its circulation as well as by the character of legal objects: their rarity in nature, high cost, easy falsification, and, consequently, by increased attention from fraudsters and criminals. The current situation demands to adopt corresponding regulatory measures aimed at ensuring valuables economic use, protecting gemstone consumers from fraud, preventing the use of valuables while legalizing acquired illegally funds. According to the authors, the article outlines three components of which legal nature of a stone is formed in forensic science: 1) the meaning content in which the term “precious stones” is used in gemological legislation; 2) criteria which are the basis of gemstones classification; 3) unambiguity and clarity of definitions associated with gemstones in forensic legislation. The term “gemstones” in forensic science has subsidiary meaning, since in this case the stone cost should possess a dominant meaning as an object of forensic gemological analysis. Existing gemological classifications are not of modern scientific and practical interest, as the lack of a gemstone cost indicator makes them declarative in terms of forensic science. Forensic gemological analysis should be guided by the requirements of gemological, forensic and procedural branches of legislation, and precious stones acting as its object should be considered as property (goods) which is characterized by specific signs of a physical, economic and legal nature as well as an identifier.

Interaction of notions «state power» and «local self-government»

2020 ◽  
Vol 2020 (1) ◽  
pp. 61-65
Author(s):  
Yuliya Skripkina ◽  
Natalia Korsikova
Keyword(s):  
Local Government ◽  
State Power ◽  
Public Authority ◽  
Legal Basis ◽  
Common Features ◽  
Regulatory Documents ◽  
Legal Assessment ◽  
Legal Nature ◽  
The Difference ◽  
Constitutional System

The article is devoted to the constitutional aspect of state power in cooperation with the same phenomenon as local government. The legal assessment of local government is given, taking into account the peculiarities of modern Russia. The article analyzes the differences between local government and local government, focusing on the signs of self-government. A brief description of local government as a form of democracy and the basis of the constitutional system is given. The scientific experience of studying local government, as well as its complex political and legal nature and social. Signs of local self-government that exist in an inextricable relationship between themselves are considered. The implementation of public authority in the form of local government is disclosed and a number of common features are identified that bring it closer to state power. Monitoring of the main regulatory documents that determine the legal basis in this area. The difference between local government and state power is analyzed. The importance of the constitutional independence of local government in relation to state power is emphasized.

SOME ASPECTS OF LEGAL AND MORAL & ETHICAL BASIS OF EUTHANASIA IN INDIA AND SOUTH AFRICA (EXPERIENCE OF THE BRICS COUNTRIES)

2020 ◽  
Vol 10 (4) ◽  
pp. 76-84
Author(s):  
KSENIA BELIKOVA ◽  
Keyword(s):  
South Africa ◽  
South African ◽  
Scientific Information ◽  
Legal Framework ◽  
Practical Significance ◽  
Anglo Saxon ◽  
Ethical Problems ◽  
Partial Similarity ◽  
Brics Countries ◽  
Ethical Basis

This article is aimed at identifying of legal framework and ethical problems of euthanasia in two of the five BRICS countries belonging to the Anglo-Saxon system of law - India and South Africa. In this format, the article analyzes the approaches of these countries that create patterns of admissibility of euthanasia, its potential and ethical and legal basis for today, based on analytical reflections on the information gathered from sources and literature from the list of sources and literature. The relevance of this research is due to the fact that a number of approaches to legislation and the judicial acts under study can be useful in finding answers to similar questions related to euthanasia on our, Russian legal order. The analyzed ethical and legal experience is reflected both in historical (1986, 1996, 2011) and in new (2015, 2018) judicial acts. Thus, this study serves to fill the existing gap. The author’s results are presented in the identified partial similarity of approaches based on adherence to the Anglo-Saxon system of law, and differences in the understanding of the grounds for the permissibility of euthanasia. The theoretical and practical significance of the results obtained is determined by the fact that Russian readers will be provided with up-to-date scientific information about the state of the Indian and South African approaches in the field under study, which in practical terms will contribute to understanding the gap (or lack thereof) with the approaches of Russian researchers and practitioners (lawyers, etc.).

scholarly journals The Ecosystem of Cryptocurrency as an Object of Civil Rights in BRICS Countries

2020 ◽  
Vol 7 (2) ◽  
pp. 37-65 ◽  
Author(s):  
N. Dulatova ◽  
Abd Hakim Abd Razak
Keyword(s):  
Civil Rights ◽  
Electronic System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Property Right ◽  
Insurance Companies ◽  
Customs Union ◽  
Virtual Currency ◽  
Digital Currency ◽  
Brics Countries

The article presents a comparative legal analysis of the modern legal regulation of the multidimensionality of digital electronic currency in BRICS countries. It assesses the possibility of civil circulation of a digital property right as an economic and legal segment without clear legal regulation. It analyzes the judicial practice related to confidentiality, acquisition, and trading of virtual currency. The article justifies the ability to integrate a single digital currency – CRYPTOBRICS, a single equivalent for all payments in the form of cryptocurrency within the framework of BRICS for settlements and increase in the trade exchange volume on these international platforms. This will provide for the legalization and consolidation of the legal framework of cryptocurrency within the context of objects of civil rights, allowing BRICS members to become regulatory leaders in the field of digital assets. We formulated a proposal to create an international agreement defining the parameters of the digital currency issue based on blockchain technology for interstate transactions, which allows the BRICS counties to establish the next stage of their mutual integration for the free trade zone and the customs union. Unifying the civil circulation of cryptocurrency and using the platform of modern non-monetary digital circulation as our foundation, we concluded that BTC can be classified as a type of digital property right. The article justified the theoretical definition of digital property right in the form of cryptocurrency as a resource stored in a device or electronic system which allows the end user to complete transactions using virtual currency and denominated in another payment unit, as opposed to currencies issued by sovereign states. We suggested that insurance companies be insured against all possible risks associated with cryptocurrency circulation and cybersecurity as a civil measure to protect the order of intangible digital codes – cryptocurrencies.

scholarly journals Security of rights to intellectual property created in joint activity within the framework of bilateral agreements between Russia and BRICS countries on the scientific and technical cooperation

2019 ◽  
pp. 38-47 ◽  
Author(s):  
Maryam Abdurakhmanovna Akhmadova
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Russian Federation ◽  
Legal Protection ◽  
Legal Regulation ◽  
Service Development ◽  
Technical Cooperation ◽  
Bilateral Agreements ◽  
Brics Countries ◽  
The Russian Federation

The subject of this research is the international acts in the area of scientific and technical cooperation of the BRICS countries – bilateral agreements between the Governments of the Russian Federation and Brazil (2007), Russian Federation and India (1994), Russian Federation and China (1992), Russian Federation and South Africa (2014), and others pertaining to protection and security of rights to intellectual property. Attention is focused on the problematic moments in legal regulation of the “preceding” and “created” within the framework of these acts of intellectual property, including the questions of dispute settlement between the parties, the order of allocation of rights to service development and compensation for them, structure and content of separate contracts concluded in accordance with the indicated agreements, etc. The scientific novelty consists in articulation of the problem and approaches towards its research. The author comes to the conclusion on the sufficient elaboration of the bilateral agreements between the Russian Federation, India and China, which is viewed as a crucial factor in the development of further cooperation in this area for the purpose of ensuring of economic modernization of these countries on the innovative basis. However, the cooperation between Brazil and South Africa is not well developed, therefore the leadership of these countries does not take measures on development and signing of intergovernmental protocol to the Agreement between the Russian Federation and Brazil, called to regulate mainly the questions of legal protection of intellectual property, which manifests as the factor hampering the development of cooperation.

scholarly journals DIGITAL FINANCIAL ASSETS: SEGMENTS AND PROSPECTS OF LEGAL REGULATION IN THE BRICS COUNTRIES

2019 ◽  
Vol 6 (4) ◽  
pp. 95-113
Author(s):  
I. Sarnakov
Keyword(s):  
World Economy ◽  
Current Trend ◽  
Legal Regulation ◽  
The State ◽  
Financial Assets ◽  
Brics Countries ◽  
Legal Nature ◽  
The World ◽  
State Of Affairs

In the environment of the current trend towards digitalization of the world economy, the issue of the legal regulation of the institute of digital financial assets as well as the activity relating to the generation of these assets is of considerable interest. As practice shows, individual countries face the situation where these assets are already turning over, but there is still no legal regulation. This state of affairs may give rise to cases of illegal turnover of financial assets and fraud in this sphere. Presently, the geopolitical map on digitalization of the economy is fragmented. Some countries have recognized and legalized the turnover of digital financial assets, others have so far not adopted an unambiguous attitude with respect to this new institute, while a third group of countries has not even recognized their legal nature nor their very existence. This ambiguity raises many issues relating to the legitimacy of digital financial assets and the feasibility of the introduction of this new financial product. The article analyzes the state of the legal regulation of the institute of digital financial assets in the BRICS countries, considers the standpoints of legislators and scientists on the legal nature of these financial assets.

scholarly journals BRICS: Legal Nature and Principles of Cooperation

2020 ◽  
Vol 1 (12) ◽  
pp. 123-133
Author(s):  
L. P. Anufrieva
Keyword(s):  
South Africa ◽  
International Law ◽  
Economic Life ◽  
International Organization ◽  
International Institution ◽  
Brics Countries ◽  
Legal Nature ◽  
The Status ◽  
Relationship Of ◽  
The Relationship

BRICS is a relatively new phenomenon in modern international political and economic life, gaining momentum and attracting more and more lawyers’ attention. The central issues in this case are, firstly, the legal nature of the group of five states itself — Brazil, Russia, India, China and South Africa, and secondly, the place, nature, content of the principles on which international cooperation of this entity is based. Accordingly, the paper considers these issues through the prism of theoretical analysis from the standpoint of international legal science, in which the identification of the legal nature of the interaction of the BRICS countries is not only a prerequisite, but also, in essence, the foundation for solving the problem of legal qualification of the principles of cooperation between them. Thus, it answers the question on the relationship of the latter with other principles in the system of international law. For this purpose, the study adopts two alternative options: the status of an international institution if it is established that BRICS has features of an international organization or integration association; and its recognition as a paraorganization if none of such features exist.

The Need for Legal Framework to Regulate Franchising in Palestine

2017 ◽  
Vol 6 (2) ◽  
pp. 206-225
Author(s):  
Amir Khalil
Keyword(s):  
International Business ◽  
Crucial Role ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Nature

Franchising has become one of the premier vehicles for international business expansion and the fastest growing way of playing a crucial role in international commercial transactions. Franchising is already practiced in Palestine; however, there is an ambiguity as to the legal nature of franchising work in Palestine and it is not directly regulated by the Palestinian legislature. This article examines the need for a coherent legal regulation of franchising work in Palestine.

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