Russian Law Journal

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Vol 8, No 2 (2020)
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4-27 983

Terrorism is defined as coordinated attacks aimed at arousing feelings of terror against a group of people. In contrast to war, acts of terrorism are not subject to the rules of war such as the time of execution that is always sudden and the target of casualties that are random and often are civilians. Terrorism is increasingly becoming a scourge for modern civilization. The nature of the actions, actors, strategic goals, motivations, expected and achieved results, Terrorism targets and methods are now increasingly widespread and varied. So it is increasingly clear that terror is not a form of ordinary destructive violence, but it is a crime against human peace and security. In order to prevent and combat Terrorism, since long before the occurrence of events classified as a form of Terrorism occurred in the world, international and regional communities and various countries have attempted criminal policies accompanied by systematic and comprehensive criminalization of categorized acts as Terrorism. Under the provisions of the 12 convention includes the main protocol rules adopted by the United Nations. These international agreements principally regulate norms including the responsibility of the state in addressing the problem of terrorism with all countries including the ASEAN region and the Russian Federation declaring to fight terrorism. Russia itself as one of the two world superpowers which is seen as having a strong military is considered strategic for ASEAN to establish cooperation in the field of security and defense in the fight against terrorism. Through collaboration agreement and ratification of terrorism regulations in their respective countries, both the ASEAN region and the Russian Federation are expected to prevent further terrorism in their respective regions.

28-48 1301

Democratic constitutional order is occasionally threatened by anti-democratic forces, and thus, requires special protection. The concept of militant democracy has been developed to provide adequate defensive mechanisms. In this article, we discuss positive aspects of their application, but also highlight the risks of abusing these defensive mechanisms. Essentially, the problems are associated with narrowing the political space and favouring the dominant political force. Fragile democracies, including Russia, are particularly vulnerable to such exposure. A targeted study of Russian legislation and the caselaw of the Constitutional Court of the Russian Federation has allowed us to identify the prerequisites for effective implementation of the doctrine of self-defence in line with the principles of constitutionalism.

49-78 1308

In the first part of the article, the business model of “work on demand” in Russia is described, and the nature and functions of platform providers with particular reference to labour disputes concerning the classification of platform workers are analysed. Furthermore, the author discusses options concerning the labour protection of platform workers. Taking into account that workers on demand are classified as self-employed in case law and in practice, the second part of this article reflects implications for tax and social law. Particular attention is paid to the tax holidays of 2017–2019 and the tax on professional income. Hereby the access to social protection for self-employed persons in general, and for those self-employed who use privileged tax regimes in particular, is analysed. In the light of these reflections, the false incentives of the tax on professional income are investigated. Finally, some conclusions are offered, to explain the interrelationship between labour, social and tax law. Coordination of legislative measures and reforms in labour law, in social law and in tax law is seen as a way to improve the situation of workers on demand.

79-103 764

Russian system of alternative disputes resolution has experienced relevant development over the last few years. On December 2015, the Russian President signed two laws, which entered into force on 1 September 2016 and substantially reshaped the legal framework for arbitration in the Russian Federation. These are the Federal Law on Arbitration and the Federal Law on Amending Certain Legislative Acts, which introduced amendments to various laws including International Commercial Arbitration Law, Arbitrazh (Commercial) Procedural Code and Civil Procedural Code. The present article provides a comment on the key changes introduced by the said reform, compared to the previous state-of-play. Special attention has been given to the validity of the arbitration agreement, the arbitrability of international disputes and the denial of enforcement of an arbitral award for matters of public policy. Starting from the evolution of the Russian Supreme Court’s approach to the ground for refusal of enforcement of an international award, the article discusses the recent judgments of the Russian courts in relation to the enforcement of an arbitral award to identify the lights and shadows of the international arbitration system in Russia.


104-119 600

The author claims that the concept of human rights arose on European soil as a result of certain cultural, political, and economic factors. Its primary base is formed by Christian ideas, secularized with the dissolution of feudalism and the spread of capitalism. In particular, this concept synthesized the Christian ideas of God’s likeness of man and the omnipresence of God: being god-like, man, like God, may be present in all things, though not in all at once. The main beneficiary was the bourgeoisie, who used personal rights to destroy feudal institutions, political rights to establish control over the state, and economic and social rights to mitigate class contradictions and distract their opponents. The religious origin of rights is the key to understanding their important features such as the absence of logical basis for human rights; helplessness of the law in front of acts that undermine the foundations of order and are marked as acts of self-realization; extraordinary diversity of rights, etc. There are several directions of human rights criticism (conservative, moderateliberal, Marxist and Christian). All of them assume that human rights neither adequately reflect human nature, nor take into account some of its aspects. Indeed, man is not only an individual seeking to choose, but also a member of a collective who needs a recognition (conservatism); a being alienated from labor and racial life (Marxism); a believer seeking to avoid sin (early Christianity) and obedient to divine will (Islam); a being who suffers from constant suffering and seeks to be saved from it (Buddhism); a victim of civilization, oppressed by the flow of information and the need for constant choice This inadequacy entails a destructive effect: the concept of rights creates a monochrome picture, on which, the human existence is reduced to act of will; gives rise to logical contradictions; destroys reality, monopolizing the axiological basis of cooperation; is used as a tool of submission and domination; creates an absolute justa causa; alienates from existence and forms the basis for other levels of the mythological structure. The history of human rights is not complete: It seems that today humanity is on the eve of fundamental transformations, whose content and final result are difficult to predict.

120-143 1130

In 2020, the current federal targeted program for the development of the judicial system will expire. It is therefore necessary to sum up preliminary results and consider the activities of the next set of programs for the judicial sector. For the past 18 years, the Russian government has not made public the results of these programs, or discussed findings with the legal community. These programs are developed behind closed doors without any consideration given to the academic community, to public opinion or to the concept of sustainable development: the rule of law and access to court. This academic article aims at identifying ongoing issues in the Russian judicial system and legal proceedings by defining and understanding the term “Development” and to provide a comparison and analysis of the Russian Federation federal targeted programs as well as the concept of sustainable development: the principles of strategic planning and the concept of a unified standard for the provision of public services by the government. An analysis of Russian legislation, and specifically legislation related to the Russian judicial system, leads to the conclusion that there lacks a true understanding of the term “Development,” and therefore the government can refer to nearly anything as being “development,” when in reality it is not. Due to this lack of recognition of the problems within the Russian judiciary system, these issues will likely not be addressed in the next federal target program for the development of the judicial system. With this in mind, the author attempts to recommend several proposals which may be helpful in the creation of the new program for the development of the judicial system which will be in effect until 2030.

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