Law and order
Reference:
Smirnova M.S., Listratov I.V.
Analysis of Violations of the Labor Rights of Citizens in the Remote Working Organization
// Law and Politics.
2023. ¹ 3.
P. 1-12.
DOI: 10.7256/2454-0706.2023.3.40036 EDN: AHMALX URL: https://en.nbpublish.com/library_read_article.php?id=40036
Abstract:
The subject of the research in the article is the labor relations between employees and employers in the remote format of labor organization. The article deals with the issues of legal regulation of social and labor mobility during the transition to remote working. The survey of the economically active part of the population revealed the degree of prevalence of this phenomenon and the main violations of labor legislation faced by citizens working in a remote format. The author investigates various violations of the rights and legitimate interests of subjects in this area, examines their nature, frequency and causes. The analysis of the legal aspects of the protection of the violated rights of workers performing the labor function remotely is carried out, the main changes that have been made to the legislation since the beginning of the pandemic are considered, the prospects for further development of this area of public relations are determined. As a result of the study, the main violations of the labor rights of citizens were identified. The most common problem faced by citizens when switching to remote work is the lack of equipment and other resources necessary for the performance of professional functions. The second significant problem is the presence of significant overwork, in third place are legal violations in the execution of an employment contract. Less common is a reduction in the level of wages, unjustified imposition of disciplinary penalties or dismissal. The paper focuses on the fact that the modern process of law-making and law enforcement should be aimed at minimizing violations of labor rights. This cannot be achieved without improving the legal culture of citizens.
Keywords:
employee interests, labor legislation, employment contract, employer, labor function, remote employment, remote worker, labor rights, violation, labor relations
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Korovin E.S.
Regulation of the Concept of "Electric Energy Power" in Acts of International Law and Decisions of International Judicial Instances
// Law and Politics.
2023. ¹ 3.
P. 13-24.
DOI: 10.7256/2454-0706.2023.3.40094 EDN: NQJGTA URL: https://en.nbpublish.com/library_read_article.php?id=40094
Abstract:
The subject of the study is the peculiarities of the regulation of the legal category "electric energy (power)" in international acts (regulatory and judicial). The object of the study is recognized as the international foundations of the legal regulation of the concept of "electric energy (power)", reflected in the sources of international law and in the decisions of international judicial bodies. The purpose of the scientific article is to substantiate the need to unify the norms of international law with a reflection of the generally recognized position regarding the concept of "electric energy (power)" and the formation of the author's vision of the definition of this term.The author examines in detail the positions regarding the understanding of this term in international acts of various international organizations and judicial instances, emphasizes the importance of international unification in this direction, expresses the author's position on the meaning of the dynamically developing spheres of activity and economy of each modern state. Each State is called upon not only to provide its citizens and their collective entities with electric power resources on a safe and uninterrupted basis, but also to implement these functions in international relations regulated by acts of international law. The importance of the unification of the concept of "electric energy (power)" as a tool for the approximation of the legislation of individual countries aimed at fst)" in the acts of international law is designed to ensure both energy security and the identity of national legal regulation by including in the sources of law to the maximum extent textually and essentially similar from a legal point of view categories and their definitions. A special contribution of the author is to conduct a detailed analysis of numerous acts of international law (normative, judicial), which include in their content the concept of "electric energy (power)", the characteristics of various positions, carrying out their comparative characteristics. The novelty of the research is reflected in the formation of an opinion regarding the understanding of the legal category "electric energy (power)", its reflection in the author's definition.
Keywords:
definition, legal category, electric power industry, energy, energy supply, electric energy, acts of international courts, international organization, international law, regulation
Theory
Reference:
Rudakova S.V.
Types of Pre-Trial Form of Criminal Procedure Appeal
// Law and Politics.
2023. ¹ 3.
P. 25-40.
DOI: 10.7256/2454-0706.2023.3.40408 EDN: MTSIYS URL: https://en.nbpublish.com/library_read_article.php?id=40408
Abstract:
Criminal procedural appeal is one of the main ways of exercising the rights of all participants in criminal proceedings. This right is included in the procedural status of almost every participant and can be exercised exclusively within the framework of legal relations. The relevance of the research topic is emphasized by the fact that the content of the criminal procedure law allows us to assert that the entire scope of appeal is heterogeneous in its characteristics, which leads to different approaches in determining the forms of appeal. The purpose of this work is to designate and put forward for a wide scientific discussion the problem related to the definition of the system and certain types of appeal in pre-trial criminal proceedings and to propose author's approaches to its solution. On the basis of traditional methods of scientific research, methods of obtaining, studying and evaluating information of a theoretical, legislative and practical nature: dialectics, analysis (functional, systemic, logical), synthesis, generalization, modeling, comparative legal, a scientifically based idea of the types of pre-trial criminal procedural appeal, differing in essential characteristics. According to the results of the study, it was found that in the pre-trial form of appeal, which is applied independently, it is distinguished by its self-sufficiency, independence, isolation and specificity of means: several types are distinguished: universal; internal; limited; secondary; subsequent. The author believes that these types as a whole form a system of pre-trial form of criminal procedure appeal.
Keywords:
secondary, limited, universal, type, system, pre-trial proceedings, appeal, criminal proceedings, subsequent, domestic
State institutions and legal systems
Reference:
Chetverikov A.
Anti-ESG standards: law and practice (elements of foreign experience)
// Law and Politics.
2023. ¹ 3.
P. 41-56.
DOI: 10.7256/2454-0706.2023.3.40452 EDN: PYUIVM URL: https://en.nbpublish.com/library_read_article.php?id=40452
Abstract:
Subject Matter: The preservation of the environment for future generations and the achievement of other «sustainable development» goals consented by all the states within the the UN have given birth in the XXI century to the «Environmental, Social and Governance (ESG)» standards, which are increasingly used with respect to either grant financial support to business entities. However, the introduction of ESG standards is accompanied by a number of negative consequences (an increase of the regulatory burden on business etc.), which led to a movement towards the consolidation of the opposite anti-ESG standards. The article explores the anti-ESG standards principally basing on the example of legal systems of the USA States, where they are introduced into parliamentary and subordinate legislation. Methods: The research was conducted using classical general scientific and special legal methods of cognition (historical, systemic, formal, etc.) in conjunction with an interdisciplinary approach (appraisal of legal phenomena in view of economic and political factors). Novelty: The article is the first attempt in Russian legal science to analyze, systematize and evaluate the essence and significance of anti-ESG standards in foreign legislation and law enforcement practice. Conclusions: Nowadays the American federalism is facing the legal competition between «pro-ESG» and «anti-ESG» rules at the States’ level. The results of this competition is worth monitoring in Russia and other countries in order to develop their own approaches to the legal regulation of sustainable development including ESG (or anti-ESG) standards.
Keywords:
greenwashing, sustainable development, USA, regulatory burden, non-financial reporting, anti-boycott laws, administrative burden, ESG, federalism, legal competition
XXI century International law
Reference:
Soloveva A.S.
Regulation of the human right to a fair trial in the norms of international law and domestic acts of individual countries (comparative legal analysis)
// Law and Politics.
2023. ¹ 3.
P. 57-70.
DOI: 10.7256/2454-0706.2023.3.40457 EDN: RMSEQA URL: https://en.nbpublish.com/library_read_article.php?id=40457
Abstract:
The object of the research is interstate relations arising within the framework of ensuring the human right to a fair trial. The subject of the research is universal and regional international legal acts in the field of human rights protection, as well as domestic acts. Using the example of national constitutions and criminal procedure codes (acts), the features of the implementation of the right to a fair trial in the internal acts of individual States are considered. Within the framework of a comparative legal analysis of the provisions of international and domestic acts, it is revealed to what extent individual countries implement the provisions of international treaties to which they are parties to consolidate the right to a fair trial. The main conclusion of the research is to determine the options for securing the right to a fair trial in the internal acts of States (by establishing its constituent elements; indirectly; in a general manner, without subject fixation). The influence of international legal norms on domestic acts in terms of unification of national legal regulation in the issue of securing the right to a fair trial is determined. The novelty of the research lies in the substantive analysis of the implementation of the provisions of international treaties in terms of the right to a fair trial by individual States within the framework of constitutions and criminal procedure codes (acts).
Keywords:
domestic acts, international legal acts, ratio, implementation, criminal proceedings, fair trial, protection of human rights, human rights, constitutions, criminal procedure codes