EUROPEAN AND ASIAN LAW REVIEW

LEGAL TECHNIQUE, CRITERIA AND METHODS OF THE BULGARIAN LEGISLATOR WHEN FORMULATING SANCTIONS IN THE CRIMINAL CODE

Georgieva, N.

Статья обзорная

This article is aimed at studying the problems of criminal law-making when determining sanctions in the Criminal Code of the Republic of Bulgaria. The theoretical basis of these problems includes legal aspects on the following issues: a) functional connection between the disposition and sanctions in the structure of the criminal law provision; b) legal technique, criteria and methods of the Bulgarian legislator when formulating sanctions in the Criminal Code; c) need to modernize the foundations of the criminal law in connection with the determination of sanctions of legal provisions.

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CIVILISTICS AS AN INTERNATIONAL PHENOMENON

Gongalo, B. M. & Novikova, N. A.

Статья

The definition of the value of law, including private law, is currently quite a relevant and significant issue both from philosophical (theoretical) and practical points of view, since recognition of the law’s value will help to improve legal control over social relations and, therefore, will encourage social and national development in a progressive vein. The purpose of the research in the framework of this article is to define the functional role of civilistics regarding its functional purpose in the context of control exerted over various areas of social life on a world-wide scale. A systemic functional approach is used as the definitive research method that allows studying functions of private law in the context of the axiological approach. Aside from the abovementioned approach, other scientific methods of inquiry were used in the course of the research, including a legal hermeneutics approach. Over the course of the research, the authors have come to the conclusion that civilistics as a category is a multidimensional one, while proving that civilistics constitutes the greatest accomplishment not of a certain nation, but of all of humanity, since it serves as an all-purpose controller of social relations, in the life of society and the state.

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INTERACTION AND COMPETITION OF LEGAL SYSTEMS: A STUDY OF CIVIL PROCEDURE

Yarkov, V. V., Branovitskii, K. L. & Dolganichev, V. V.

Статья

The long outlined process of globalization interferes not only with the economy, politics, and ecology but with law directly as well. Regarding globalization in the field of law, we use such terms as rapprochement, unification, and harmonization. That said, generally, the abovementioned terms are intended to denote the process of creating something shared, of a similar meaning. Conventionally, these processes can be observed in the framework of various integration associations. The opposite phenomenon is a competition of legal systems that provide for the establishment of the best conditions for social and economic development. The same is true for civil procedure as well. At the same time, in recent years, an interesting trend has emerged – competition within integration associations. This paper is the first attempt to show the aforementio- ned trend in the field of civil procedure. The authors note that this trend can be traced both in the EU (in the context of Brexit) and in the EAEU (in the context of establishing the Astana International Financial Centre and the AIFC Court). The paper analyzes the consequences of these actions in view of their impact on integration associations and a more detailed exploration of the legal status of the AIFC Court and its jurisdiction in this regard. Based on the research, the authors draw the conclusion that increased competition in the field of civil jurisdiction does not have to weaken integration associations, it can even enable further rapprochement

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CONSTITUTIONAL FRAMEWORK TRANSFORMATION TO REINFORCE INTERETHNIC ACCORD

Salikov, M. S. & Kalinina, E. G.

Статья

This paper explores constitutional reforms that occurred in Russia and some countries of the Euro-Asian Region aimed at interethnic accord solidification and protection on the way to national unity among other things; it also reveals terminological ambiguity in the field of interethnic relations. The following methods are used: a technical legal method, a systems analysis method, synthesis and test methods are used in the research. The main results of constitutional transformations in the field of interethnic relations are reconsidered in the paper; national and international acts that enable interethnic accord solidification are analyzed; the value of interethnic accord solidification is established; certain legislation defects preventing harmonization of interethnic relations are revealed. The authors state the following results: 1) two approaches to the term ‘interethnic’ have been illustrated; 2) various practices of terminology application have been demonstrated based on regulatory acts and documents; 3) the main results of Russia’s 2020 constitutional reform and constitutional reforms in the field of interethnic relations made in other countries have been provided; 4) the analysis of regulatory enforcement in the field of interethnic accord has been conducted; 5) the role of interethnic accord as a constitutional and universal human value for social and economic development of the state has been explained.

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LABOR ON ONLINE PLATFORMS: THEORETICAL AND PRACTICAL ISSUES

Shesteryakova, I. V. & Shesteryakov, I. A.

Статья

Labor on online platforms has increasingly gained momentum in the recent years. However, there are still disputes regarding the nature of the established relations, such as whether such relations should be considered employer-employee, self-employed, civil law, etc. Foreign courts are recognizing these relations as labor relations more and more often, but the courts of the Russian Federation do not see it that way. As a result, workers on online platforms are still lack guarantees and benefits provided by labor law standards. The use of online labor has gained momentum particularly in the context of the COVID-19 pandemic. However, this is not only connected with development of delivery services or taxis. This area also includes IT work such as web design, financial consulting, social media marketing, handling documentation, administration, creative professions, blogging, teaching online, medical work, etc. This format of employment provides the opportunity to combine work with family duties, looking after children or parents, staying at home, and working in the most convenient time. Also, this work format provides the employer with extra opportunities for business expansion and cost savings such as saving on office rental costs, utility bills, etc. However, online work blurs the lines between work time and time for rest, puts the observation and guarantee of health and safety requirements, standards of social assistance and social security of workers under question.

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SYSTEMATICITY AS A WAY TO INTERNATIONALIZE THE DIRECTION OF CRIMINAL LAW IN RUSSIA

Kozachenko, I. Ya. & Melyukhanova, Е. Е.

Статья

The paper provides the rationale for systematicity of phenomena (processes) that serves (can serve) as a way to internationalize the direction of criminal law in Russia. The research methodology includes using historical, sociological, axiological, and logical methods of comparative legal studies that allows expanding the subject matter of research significantly. However, due to the specificity of the research, structured system analysis and functional analysis are used as the main methods. The accomplishment of the objectives set by the authors allowed them to be convinced that the internationalization of Russian law (just like the law of any other country) is not only possible but necessary in a number of cases. This fact is substantiated by the multipolar world order that also reigns in the criminal world, where the development vector has rapidly changed from unipolar to multipolar in the context of recent events. Internationalization of the measures countering such crimes as, for instance, illegal traffic, slave traffic, kidnapping, acts of terrorism, etc. can be taken as an example. Countering any of these crimes as well as any other similar crimes is more than one country can manage, particularly, when the country is less developed or dependent. In this context, efficacy can only be achieved through consolidated and highly organized unity of many countries, which in turn, is impossible without proper international efforts of many countries of the world or – in many cases – of their majority.

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