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Russian Law Journal

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Vol 8, No 1 (2020)
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https://doi.org/10.17589/2309-8678-2020-8-1

Articles

4-24 1595
Abstract

The article is devoted to the consideration of the concept of commorientes in French and Russian inheritance law. The commorientes are individuals, entitled to inherit, reciprocally, to each other and considered to have died at the same moment, from the inheritance’s point of view. The commorientes do not inherit reciprocally. The work focuses on how French and Russian law determine the notion of commorientes. Inheritance rules, regarding the commorientes in France and Russian Federation from the beginning of the 19th century are analysed; subsequently, their current versions in force in the French Civil Code and the Russian Federation Civil Code are compared. Particular attention is paid to the issue of the time of the inheritance opening. In the Russian legislation this issue has not been unambiguously resolved for a long time. The article presents the evolution of the Russian and French rules on inheritance after the commorientes. In French law, presumptions of survival have been in effect for many years, allowing to determine the sequence of deaths of people who died as a result of the same event. The article contains the rules of the current legislation in France and in the Russian Federation, as well as suggestions for their improvement.

25-59 884
Abstract

The very idea of human reproductive rights seems challenging. For much of human history, they were not discussed seriously as being a part of the right to privacy, liberty, security, equality, health, and non-discrimination. The situation changed drastically in the 1990s with the development of reproductive technologies. These technologies do not only help infertile couples to conceive, they allow single men and women, no matter their status and sexual preferences, to have offspring of the same genetic origin. We can affirm that in the 21st century assisted reproductive technology (ART) has completely changed what it means to have a baby and to be a parent. Despite their benefits, reproductive technologies leave space for ethical and medical concerns. A few of the many issues raised by reproductive technologies include: the reproductive right to abortion, legal status of the human fetus, ethical aspects regarding the use and storage of embryos, sex selection, surrogacy and gamete donation, and the right and accessibility to medical sterilization. This article sets forth the existing ethical and human rights standards on these issues and illustrates the need for further development and clarity on balancing these rights and interests in the Russian Federation.

60-83 1758
Abstract

The present study investigates the amendments to the Constitution of the Russian Federation announced by the President of the Russian Federation Vladimir Putin during his annual speech addressed to the Federal Assembly on 15 January 2020. The research examines how the amendments may affect the social guarantees of the people of the Russian Federation, what role is dedicated to the bodies in the separation of powers, and why it is important to change the conditions for electing a candidate for Presidency. The approach is interdisciplinary and links Russian legal norms, applicable rules and human behavior. The main methods used in the research are analysis, comparative-legal, historical-legal and formal-legal methods. The study provides a legal and political picture of the context of modifications to the Constitution of the Russian Federation in 2020.

84-110 946
Abstract

This article argues about the importance of gathering written evidence (testimony) which, as a prototype of judicial deposition, may be regarded as an effective instrument for criminal procedure. The article incorporates the works of the British, German, and Russian theorists of the 19th century, and the legislative regulations of this period. Despite the fact that the concept of “judicial deposition” has only recently entered into practice in the new criminal procedure codes of post-Soviet states, its roots can be traced back to the 19th century English law. This paper focuses on the legislative regulations of the post-Soviet countries, in particular, the procedures set out in the new criminal procedure codes, including the novelties and peculiarities of the Draft Criminal Procedure Code of the Republic of Armenia. The authors have referred, in more detail, to the Criminal Procedure Code of the Republic of Armenia, which has substantial peculiarities. In this respect, the article presents the opinions of the experts on judicial deposition testimonies. Discussing the differences in the legislative regulations of several countries, this article, through a comparative analysis, points how different countries approach deposition of testimonies. Additionally, the article examines the fundamental differences between deposition testimonies and hearsay evidence.

Comments

111-137 1673
Abstract

The article covers key formats of interstate cooperation in the post-Soviet space. The authors conclude that the Eurasian Economic Union is the major integration project bringing together Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia. This research addresses various legal issues related to founding of the EAEU single financial services market with provisions and annexes of the EAEU Treaty studied. The EAEU meets challenges and creates legal and institutional framework for single financial services market within a relatively short timeframe. By 2025 both Supranational Eurasian financial regulator should be established and EAEU legislation on financial services should be harmonized. These tasks require international and national regulation experience. Therefore through the use of comparative analysis some advantages of the European Union law in the field of financial services market regulation are pointed out alongside with particular national legislation aspects of the EAEU member states in the similar or relative fields. Comparative analysis provides for determination of modern approaches to financial services market regulation in the EAEU and its member states, and allows to emphasize advantages and disadvantages of such regulation. Comparative analysis is applied to specifically investigate three subject areas of high relevance for global financial community: institutional forms of trade in financial instruments; organized trade in financial derivatives; organization of algorithmic and high-frequency algorithmic trading. Conclusion drawn is that the EU experience in the matters of financial markets regulation is of particular interest for the EAEU and its member states.

138-157 814
Abstract

Our perception of reality depends on multiple factors, including the language of communication and the culture adopted by civil society. With the development of digital technologies, the methods for transferring information, traditions and cultural code between participants in public relations have undergone drastic changes. The emergence of the “digital layer” between the human consciousness and the outside world has resulted in a shift in our perception of the world since we now view it through the prism of the digital space. The use of artificial intelligence and global cloud data in the daily life of society requires special consideration. Our interaction with cyberphysical systems has dramatically affected our perception of immediate reality. The synthesis of human cognition and artificial intelligence is leading to an amalgamation of material and cyberphysical spaces, as a result of which objects of the digital world acquire material value, whereas material objects (works of art, music, books, etc.) get transformed into a digital code. This article examines societal trends in the development of digital technologies at the fourth stage of the industrial revolution (Industry 4.0). Here, we review the possible interpretations of the concept of “digital relations” and characterize the participants in such relations. Furthermore, we analyze the factors affecting the legal awareness of an individual and identify the essential characteristics of cognition in a digital society. We also consider the challenges currently facing the State and evaluate the prospects for the development and regulation of digital relations.



ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)
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