scholarly journals Digital technologies: the state and prospects of legal regulation in the Russian Federation and the Republic of Moldova (International round table overview)

2021 ◽  
pp. 173-181
Author(s):  
Gheorghe Avornic ◽  
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Serghei Chucha ◽  
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...  

The overview contains the theses of the presentations of the participants of the international round table „Digital Technologies: the state and prospects of legal regulation in the Russian Federation and the Republic of Moldova”, held on April 12, 2021 by parners from the Republic of Moldova as the International Union of Lawyers, University of European Political and Economic studies „Constantin Stere”, the Union of Lawyers of the Republic of Moldova and the Interdisciplinary Center for Legal Research in the field of Labor Law and Social Security Law of the Institute of State and Law of the Russian Academy of Sciences. The discussion was attended by employees of the interdisciplinary Center, representatives of different areas of science in Russia and Moldova (lawyers, sociologists, historians, philosophers, psychologists) and different branches of law such as theory and history of state and law, philosophy of law, constitutional law, labor law and social security law, civil law and civil procedure, family law, etc. The participants of the round table focused on the conditions, prerequisites and prospects for the legal regulation of digital technologies in the context of changing the economic model of society. The problems discussed are usually at the intersection of different branches of law, economics, psychology and sociology, and are intersectoral and interdisciplinary in nature. Only an integraled approach to their solution allows us to achieve real practical results in optimizing the regulation of the respective relations.

Author(s):  
Yuliya Chernenilova

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.


2021 ◽  
pp. 177-192
Author(s):  
Nicole BODISHTEANU

The author considers main external and internal factors of the formation of the Eurasian track in foreign policy of the Republic of Moldova from 2009 to 2020. Among main internal factors of the development of the Eurasian (as opposed to European) track of foreign policy, the author singles out: 1) coming to power of the pro-Russian president I. Dodon; 2) current orientation of the economy on the market of the CIS countries; 3) pro-Western parliamentary contingent and representatives of the Party of Action and Solidarity led by M. Sandu, who, on the contrary, helps to blur this track. Among external factors, the author does put an accent on: 1) the influence of the Ukrainian crisis on public opinion of Moldovan citizens towards Western institutions, and as a result, the growing popularity of the «pro-Russian» foreign policy direction; 2) «soft power» of the Russian Federation, mostly concentrated on a common language (Russian) and cultural values (literature, historical past, etc.); 3) willingness of Eurasian partners (mainly the Russian Federation) to provide assistance in crisis situations at no cost, unlike European and Western institutions, which traditionally indicate a number of democratic transformations in the recipient country as one of the conditions for providing assistance. The author comes to the conclusion that the Eurasian track of the foreign policy of the Republic of Moldova is still in its «infancy», but it has great potential and promises interesting prospects for a small state with a favorable geographical position, located at the crossroads of the most important transport routes between the West and the East.


Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
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Oksana A. Kursova ◽  

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.


Author(s):  
Oleh Kozachuk ◽  
Grigore Vasilescu

The article examines the issues of counteracting the hybrid aggression of the Russian Federation in the countries of the Eastern Partnership. It is stated that European Union has been implementing the Eastern Partnership policy for more than ten years. This implementation has been a resounding success for all, without exception, the six target states. Ukraine, the Republic of Moldova and Georgia have advanced much more in their European aspirations. However, this does not stop the Russian Federation from further positioning all the states that were once part of the USSR as a sphere of its ultimate influence. Russia is also producing rivalry with the EU for influencing all, without exception, the Eastern Partnership states and even the EU. An overview of academic research analyzing the resilience of the EU in the face of Russia in the context of its impact on the Eastern Partnership countries is set out in this article. Some approaches have been used to define the EU as a “normative power” and Russia’s controversial policy towards neighbouring countries. The examination of the works described in the article concludes that the Russian Federation continues to regard neighbouring states as its sphere of influence, particularly Ukraine, Moldova, and Georgia. Moscow considers any attempt by a third party to interfere as an intrusion on its unique field of power. As can be observed from the investigated sources, Russia’s activities are scarcely diplomatic or focused on global democratic norms. In its Eastern Partnership strategy, the EU, on the other hand, utilizes values as a guideline. Simultaneously, Ukraine, the Republic of Moldova, and Georgia must demand immediate modifications to the Eastern Partnership policy. The potential of EU membership, in particular, must be appropriately explained by Brussels.


2021 ◽  
pp. 220-228
Author(s):  
O.L. Alferov ◽  

This review analyzes the experience of Russia and a number of foreign countries in implementing digital technologies in public administration, and describes the main regulatory legal acts adopted at the three stages of the formation of the information society in the Russian Federation. The focus is on the problems of legal regulation of the digitalization of public authorities.


Author(s):  
E. B. Chernobrovkina

The article explores the dialectic of determining the legal status of cryptocurrencies. Digital technologies are considered specifically for their application in the financial sector. The features of the use of digital technologies in various countries of the world are analyzed. Due to the variability of the legal regulation of digital technologies, the complex nature of their implementation is noted, which is not reduced to a simultaneous behavioral act. It is concluded that there is no universal way to sell cryptocurrencies in the financial market. The analysis of existing scientific approaches to understanding the concept of cryptocurrency, bitcoin is carried out.The article examines the digital technologies used in the financial sector, which include virtual currencies and — like their kind of cryptocurrency. The cryptocurrency status is not defined, however, there is the prospect of normative fixing it on the territory of the Russian Federation.


Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva

The article is devoted to the problems of development of legislation which determines the procedure of the constitutional proceedings, the procedural status and terms of participants’ activity in the Russian Federation and in the Republic of Belarus. Constitutional justice is a relatively new Institute in a legal system of Russia and other former Soviet republics. Conditions for its formation in the former Soviet Union have common as well as specific features. The comparison of the place and role of the constitutional court in system of public authorities and the procedural legal regulation of the constitutional justice is of obvious scientific and practical interest now because a clear, systematic regulation is very important for creating the conditions to allow objectively and comprehensively examine and resolve the constitutional conflict. Highlighting the characteristic features of the Federal constitutional law «On the constitutional Court of the Russian Federation» and the Law of the Republic of Belarus «On constitutional proceedings», the author comes to the conclusion about the necessity of development and specifying of the activity of the Constitutional Court of the Russian Federation by improving the using of traditional procedural-legal institutions taking into account the unique status of the highest judicial body of the constitutional control.


2020 ◽  
Vol 208 ◽  
pp. 06004
Author(s):  
Vitali Maksimeniuk ◽  
Roza Timakova

The article considers theoretical aspects of a most important contemporary issue, i.e. modern approaches to sustainable tourism. The study shows the main relationships of the phenomenon with sustainable economic and social development. The research results in identification of the essential characteristics (signs) of sustainable tourism, i.e. for the legal regulation purposes. The concept of “sustainable tourism” for deliberate influence of the state on public relations in tourism using special legal means and methods was defined. The conclusions may improve the current regulatory framework of the Russian Federation and the Republic of Belarus. Changes and additions to the national laws on tourism are suggested and justified. They relate to introduction of the definition of the concept of “sustainable tourism” and inclusion of the principle of sustainable tourism development.


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