Theory
Reference:
Khadyrov R.Y.
The Structure of Tajikistan's Political Space: the Party Dimension
// Law and Politics.
2023. ¹ 1.
P. 1-9.
DOI: 10.7256/2454-0706.2023.1.39683 EDN: FMBORI URL: https://en.nbpublish.com/library_read_article.php?id=39683
Abstract:
The purpose of the article is to reveal theoretical and methodological approaches and some results of the study of the structure of the multidimensional political space of Tajikistan and its party dimension. Theories and concepts of political space lead researchers to believe that it is much broader than the framework of the political system, more complex than its organization and institutional content, as it consists of a variety of legal, political, social fields and spatial dimensions. The author is sure that the category "political space" has theoretical, methodological and practical significance for understanding the structure of the political system, the specifics of the political process in the country under study. It is determined that the main factors of the post-Soviet transformation of the political space of Tajikistan are the Constitution, the legal field outlined by it and the power elites as the driving forces of this transformation. As a result, a specific party system has emerged, based on the institutions of political pluralism, multiparty system with the secondary influence of parties on the political process. These factors have shaped the structure and boundaries of the modern political space in which illiberal but formally democratic political institutions function. Determining the stability of the institutions of the political system of Tajikistan and the associated political space is an important and urgent task. This Central Asian country, friendly to Russia, is a co-founder of the SCO, a member of the CSTO and has a long border with Afghanistan, a constant source of military-political tension, religious and ethnic contradictions in the region. Therefore, understanding and taking into account the specifics of the institutional and legal organization and functioning of the party-political space is not only a scientific interest, but also a significant aspect of foreign policy and inter-party relations between Russia and Tajikistan.
Keywords:
differentiation of parties, parties, political system, opposition, the arrangement of parties, power elites, party dimension, political space, Tadjikistan, multiparty system
Jurisprudence
Reference:
Novikov V.S.
Succession of Multijurisdictional Estates: Conflict of Laws, Conflict of Jurisdictions and Substantive International Regulatory Treatment
// Law and Politics.
2023. ¹ 1.
P. 10-40.
DOI: 10.7256/2454-0706.2023.1.39669 EDN: DWWUYS URL: https://en.nbpublish.com/library_read_article.php?id=39669
Abstract:
An essential part of contemporary international civil law practice consists of matters concerning succession of multijurisdictional estates, which in turn accounts for the practical significance and relevance of the scientific study of the regulatory treatment of the respective matters. An understanding of the subject matter of conflict of laws and international civil procedure is essential to effective succession of international estates for clients who own assets in or otherwise have significant contacts with more than one jurisdiction. The primary focus of this article is to describe the approaches to resolving the most typical problems in the practice of succession of multijurisdictional estates on the basis of analysis of the legal doctrine, legislative enactments and case law of foreign jurisdictions. The author considers the approaches to solving the most typical problems of succession of multinational estates, in particular: the practical importance of the location of a testator's assets, the formal validity of testamentary dispositions, establishment of the true domicile of a person, the advantages and disadvantages of a single multijurisdictional will disposing of international property, etc. In the context of these problems the author analyses Regulation EU ¹ 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession; Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions; Convention of 25 November 1973 providing a Uniform Law on the Form of an International Will.
Keywords:
separate situs wills, place of habitual residence, renvoi, validity of testamentary dispositions, domicile, real estate, multijurisdictional will, multijurisdictional estate, conflict of jurisdictions, conflict of laws
Law and order
Reference:
Titorenko S.K.
Legal Regulation of Taxation of Cryptocurrency Turnover: A Comparative Legal Study of the Tax and Legal Regulation of the Republic of India and the Russian Federation
// Law and Politics.
2023. ¹ 1.
P. 41-47.
DOI: 10.7256/2454-0706.2023.1.39703 EDN: CATYXP URL: https://en.nbpublish.com/library_read_article.php?id=39703
Abstract:
The article discusses the features of the tax and legal regulation of cryptocurrencies in the Republic of India and the Russian Federation. A study of legal regulation and a study of the positions of legal scholars of the Republic of India, in terms of regulating the turnover of cryptocurrencies, as well as the experience of regulatory regulation of the turnover of cryptocurrencies in the Russian Federation. As a result of the study, the author identified a gap in the legal regulation of taxation of cryptocurrencies in the Russian Federation, in comparison with the legal regulation of the Republic of India. Public relations arising in connection with the turnover of cryptocurrencies are not regulated in any country of the world at the moment, including in terms of taxation of transactions using cryptocurrencies. In this connection, it is necessary to take into account the foreign experience of legal regulation of taxation of cryptocurrency turnover, including the Republic of India. The problem lies in the fact that amendments to the Tax Code of the Russian Federation have not been adopted at the moment, which would regulate the taxation of cryptocurrency turnover in the Russian Federation. To investigate the experience of legal regulation of taxation of cryptocurrencies of the Republic of India and to identify aspects that could be applied to form the legal regulation of taxation of turnover of cryptocurrencies in the Russian Federation. Previously, comparative legal research in this area has not been conducted.
Keywords:
utilitarian digital rights, digital currency, digital financial asset, token, blockchain, cryptocurrency, taxation, mining, staking, Republic of India
State institutions and legal systems
Reference:
Akhramkina K.A.
On the Implementation of the Principle of Dualism of Intellectual Law in Co-authorship
// Law and Politics.
2023. ¹ 1.
P. 48-63.
DOI: 10.7256/2454-0706.2023.1.39019 EDN: GXRQUX URL: https://en.nbpublish.com/library_read_article.php?id=39019
Abstract:
The relevance of the conducted research is conditioned by the absence of legislative stipulation of the procedure and criteria of evaluation of the creative contribution of co-authors in the single result of their creative activity, as well as by the inconsistency of some cited court arguments, including the impossibility to create a photograph by several authors. In fact, the legislative definition of the notion of co-authorship, given in art. 1258 of the Civil Code of Russian Federation, is not substantial and functional: it lacks the essential and distinctive features and does not reflect the essence of this phenomenon, which makes it difficult to determine the contribution of each author and to evaluate it. In this paper we explore the notion of co-authorship, both in terms of its semantic meaning and in terms of the creative process. Co-authorship is examined using the example of the creation of a photograph as an object of copyright. In fact, the subject of the study is the relationship of established co-creation in photography and exclusive rights to it. The methods of analysis, inductive and comparison with the legislation of foreign countries were used. The main attention is paid to the analysis of judicial practice in the settlement of disputes on the violation of exclusive rights to photographic images, judicial explanation concerning the co-authorship and other similar in nature relationships arising in the process of creating an intellectual creative product (photography). Conclusions are drawn on the relationship between court-established infringement of exclusive rights and the recognition of copyright, legal dualism as the relationship between exclusive and copyright in the court's recognition of co-authorship or lack thereof.
Keywords:
disposition of rights, creative contribution, photography, exclusive right, author's right, author's right, collaboration, duality principle, intellectual property law, co-authorship, civil law
Authority and management
Reference:
Ulyanov A.
Independent Assessment of Public Authority: Problems of Practical Implementation
// Law and Politics.
2023. ¹ 1.
P. 64-73.
DOI: 10.7256/2454-0706.2023.1.39271 EDN: HVJOSV URL: https://en.nbpublish.com/library_read_article.php?id=39271
Abstract:
In the Russian Federation, the effectiveness of public power and its institutions has been assessed relatively recently and not at all levels. Currently, the activities of senior officials and executive authorities of the regions of Russian Federation, local self-government bodies, the results and quality of public services, the activities of social organizations are subject to evaluation. However, questions arise about the achievement of the purpose of this activity, about the reflection of the introduced criteria and indicators of the influence of public authorities on the state of public life. From these problematic positions, the article examines the practice of independent evaluation as a form of public control over the activities of public authorities and organizations performing socially significant functions, examines domestic and foreign experience in creating expert analytical centers. As a result of the study, it was concluded that with the existing legal regulation of evaluating the effectiveness of public institutions, an integrated approach is not provided, which leads to a lack of a real assessment of their impact on social development. Independent evaluation is often compensated or replaced by other methods of evaluation, including quasi-evaluation, which, unlike expert evaluation, is reduced to a description of the collected data, and not to an analysis of the causes and consequences of managerial decision-making. The way out of the current situation of "quasi-evaluation" is seen in the formation of a conceptual framework for assessing the effectiveness of public power, which will require further modernization of federal legislation. An independent assessment in the modern constitutional and legal doctrine can and should be considered as a possible and necessary model of lawful behavior based on the interaction and solidarity of the individual, society and the state.
Keywords:
evaluating effectiveness, social control, social assessment, public opinion, public assessment, expert assessment, public control, public authority, independent assessment, civic society