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Kutafin Law Review

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Vol 9, No 3 (2022)
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EDITORIAL

 
393-394 217

COUNTERING CLIMATE CHANGE

395-414 807
Abstract

A very important issue that needs to be addressed urgently across the globe is the issue of climate change. Nigeria as a country is not left out in the battle against climate change. One of the major things that results in the change in climate is the low level or inadequate laws governing activities which lead to climate change. The laws available are ineffective as the level of compliance with the existing laws is extremely low; ignorance on the part of Nigerians is another major issue as an average Nigerian is not aware that his/her day-to-day activities might result in a change in climatic condition. The concept of climate change is a concept in Nigeria that has received a bit of recognition but has not been addressed as it ought to be. This paper examines the effects of climate change on Nigerians and the Nigeria environment in its totality; it further makes an overview of the international conventions on climate change while evaluating the adoption of the international conventions by Nigeria. It examines the laws put in place by the Nigeria government in relation to environmental protection generally and further considers their effectiveness. It concludes that there is no solid legal framework to combat climate change in Nigeria and that the laws put in place to govern environmental protection in Nigeria are grossly inadequate. It protection in Nigeria are grossly inadequate. It recommends that new laws should as a matter of urgency be promulgated to tackle the menace of climate change in Nigeria.

415-436 309
Abstract

The purpose of the article is to research the legal issues of forest protection in the Russian Federation in the context of global climate change taking into account international obligations under the Paris Agreement 2015 and the Glasgow Leaders’ Declaration on Forests and Land Use 2021. The sources of the research are legislative and other regulatory legal acts in the field of forestry relations, environmental and natural resource law, etc.

The research methodology is based on scientific methods such as dialectical, logical, predictive, systems analysis, content analysis, as well as private scientific methods, such as statistical, technical and legal, comparative legal.

NOVELTIES IN THE NATIONAL LEGISLATION

437-465 726
Abstract

The development of digital technologies applied for electronic monitoring of employees, artificial intelligence systems and transition to remote employment have naturally lead to a change in the content of the employee’s right to privacy. The lack of generally binding international labor standards in the mentioned sphere creates prerequisites for the increasing role of local regulation and legitimation of judicial practice. The authors come to the conclusion that at the legislative level, not only the monitoring over the employee’s performance of labor functions, but also the process of dissemination and use of the data obtained in order to make other personnel decisions should be limited. The purpose of this research is to substantiate the assertion that in the context of digitalization it becomes necessary to consider the right of an employee to privacy as one of the fundamental principles of the legal regulation of labor relations.

466-485 284
Abstract

The authors analyze the main legal schools that have developed in Russian legal science, pointing out their features and shortcomings, and propose to consider the development of Russian economic legislation. Accordingly, the authors reveal possible scenarios for reforming the Russian economy analyzing its public and private sectors legal support, while noting the mixed sector of the economy that has developed in Russia, which also needs to be substantiated by the corresponding body of legislation. Attention is drawn to the reform of market legislation and the privatization of state property, with an indication of the objective laws violations within the legal regulation of the economy public sector. The authors substantiate the need to create a three-sectoral model of legal regulation of economic relations, which involves the formation of three separate arrays of legislation in the private, public and mixed sectors of the economy. It is supposed that they are justified within the framework of the methodology of the Theory of Economic Law, which is the main goal of this article.

COMPARATIVE LEGAL STUDIES

486-510 376
Abstract

The research deals with correcting the invalidity of procedures in the Jordanian Civil Procedures Law and the Egyptian Civil and Commercial Procedures Law. It highlights the status of the procedural invalidity and the mechanism of its correction. These conditions must be met to correct the procedural invalidity and the period specified by the Jordan and Egypt legislator to correct the invalid procedure. The study concluded several findings and recommendations, the most important of which is that the Jordanian legislator did not specify a period for correcting the invalid procedure and did not explicitly grant this right to the court in determining the period of correction, just as the Egyptian legislator did by granting the court the authority to specify the period for correction, and that the invalid procedure may be corrected, even if it pertains to the general system, as long as this correction has been made within the specified time.

511-543 321
Abstract

Enactment of new provisions of the Civil Code in the spring of 2022 on personal funds has increased the number of legally recognized instruments for management of property of others available in Russia (personal funds, investment funds of closed type and trust management agreements). This article reviews similarities between these three instruments and trusts formed under applicable laws of the United States and Canada. Such similarities suggest that certain legal mechanisms and approaches to legal issues developed in the United States and Canada should be taken into account for further development of the Russian law on personal funds and implementation of the law in practice. The article analyses certain aspects of the Russian legislation on management of property of others (legal status of each instrument, liability of the managers to the beneficiaries and liability of founders of personal funds for the obligations of such funds) and compares provisions of Russian law with relevant laws of the State of New York and the Province of Quebec.

544-563 361
Abstract

From a legal standpoint, the pr ocess of investigating crimes and the order of proceedings in a criminal case differ in different countries. However, there are points of convergence where the differences in legal systems are not so important. In the modern world, Latin proverb Jura novit curia postulates that judges cannot and should not have knowledge from other sciences. Therefore, lawyers of all countries use the help of persons with special (non-legal) knowledge. In Russia, only an investigator or a judge can appoint an expert examination to obtain an expert opinion. An accused and defense attorneys (mostly professional lawyers) can get an expert opinion. The procedural statuses of a specialist and an expert under the Russian procedural law do not coincide. However, the reports they provide are formally equivalent and they both can be used as evidence in a legal case. Having no special knowledge, the judge evaluates the conclusions made by the specialist and the expert. The judge can regard one conclusion as a proof, can accept or reject them. The specialist and the expert are obliged to make conclusions based on the results of the study within their competence. Polygraph examiners in the United States and Russia address this issue in different ways due to different approaches to the development of theoretical and applied areas of scientific research.

564-585 568
Abstract

The article deals with the problems arising in connection with the taxation of the digital economy, using the example of the proposals of the OECD and the EU on the introduction of a tax on digital services, as well as unilateral measures of national states in the area of taxation of the digital economy (on the example of the French digital tax). The main question for the study is whether unilateral measures imposing taxes on digital services represent a suitable solution to the tax problems that arise in connection with digitalization. Based on the analysis of current legislation and jurisprudence, the author concludes that provisions of the Tax Code of the Russian Federation on VAT and income tax do not allow to fully collect taxes on income of corporate groups that use digital business models when providing services related to Russian users. At the same time, Russian organizations that conduct similar activities face full tax burden, which allows us to conclude that Russian companies are discriminated against foreign companies. In this regard, it is advisable to consider the issue of taxation in Russia as the part of the profits extracted by foreign companies in the Russian market.

LEGAL EDUCATION

586-605 315
Abstract

This paper studies the law-related learning process at a state university and emphasises its peculiarities and special status. Certain law subjects offered at the Academy of the Police Force in Bratislava (Slovakia) are presented and the importance of legal education concerning the performance of the police service is stressed. The authors offer a brief overview of the assigned study fields and programs and list the law subjects that have a special place in the Police Academy training system. They share their practical knowledge and experience obtained while teaching selected law subjects. The paper has been developed within a national research project and the attention is given to selected attributes of the learning process — the police law — as its knowledge is crucial for the performance of police interventions. The paper underlines the legitimacy of obtaining law-related knowledge, which the Police Academy graduates will need in their future police career.



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ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)