Conflict: tools of stabilization
Reference:
Malfait M.M.
The Armenian duduk resounds in Artsakh
// Law and Politics.
2021. ¹ 1.
P. 1-11.
DOI: 10.7256/2454-0706.2021.1.34505 URL: https://en.nbpublish.com/library_read_article.php?id=34505
Abstract:
Throughout its history, Artsakh had to guard against the external threats of Neo-Ottomanism. At the present time it is especially relevant. September 27, 2020 marks escalation of the Armenian-Azerbaijani conflict over the disputed enclave of Nagorno-Karabakh – which means Artsakh in Armenian. This led to six weeks of cease fire, humanitarian disaster, which killed many people and destroyed cultural and religious heritage of Artsakh. The mountainous region is surrounded by Azerbaijani land, although populated by Armenians. Due to the political novelty of this issue, the author employed analytical and descriptive method. The acquired results demonstrate that the history repeats itself in Neo-Ottomanism, which has been a threat to Artsakh and Armenia since its emergence until the present day. In recent years, the concept of reunification with Armenia, as well as the independence of Artsakh, outlined the prospects for the future. The third solution to the conflict became the ceasefire agreement of 9 November 2020, nobly negotiated by Russia to save Armenia from military collapse. However, this solution is more painful than the status-quo. The main conclusion consists in the statement that the international community should be more vigilant and prevent the expansion of such threats.
Keywords:
diplomacy, neo-ottomanism, international law, history, Azerbaijan, Armenia, Nagorno-Karabakh, Artsakh, state recognition, terrorism
Question at hand
Reference:
Iurkevich M.A.
Should videoconference be elected over personal presence in criminal legal proceedings?
// Law and Politics.
2021. ¹ 1.
P. 12-22.
DOI: 10.7256/2454-0706.2021.1.34835 URL: https://en.nbpublish.com/library_read_article.php?id=34835
Abstract:
This article analyzes the conditions and legal ramifications of application of videoconference in various forms of criminal legal proceedings, highlighting practical issues emerging in arrangement of participation of parties in criminal proceedings via videoconference calls. As a product of digital technologies, videoconference is examined not only as a formal means of communication used by parties to a legal proceeding, but also as one of the means of exercising the right to a fair trial. The object of this research consists of communication and procedural relations arising between the parties to a legal proceeding with application videoconference. The subject of this research covers the entire complex of fairly recent norms for the Russian criminal procedural regulation governing application of videoconference on various stages of criminal proceedings on a case. The article contains practical recommendations by indicators that should be considered in determining optimal forms of participation in a criminal proceeding, as well as actions of parties that must be undertaken if during application of videoconference, the rights of the defendant are violated or the standards of fair trial are not being met. The article complies answers to the most topical questions on videoconference calls, taking into the consideration practical experience of the author, as well as relevant case law of the Russian courts and the European Court of Human Rights. The conclusion is made that application of videoconference is allowable in legal proceedings of the courts of first instance and courts of appeal in criminal cases heard in special order, cassation instance, supervisory instance, in execution of sentence, as well as within the framework of judicial control at pretrial stage in a criminal case, but only if procedural guarantees could be provided to all parties of the proceedings. In a trial by jury such technology is unacceptable.
Keywords:
witness safety, cancellation of sentence, remote interrogation, right to a fair trial, right to defense, video conferencing, Digitalization, multi-point conference, video technology, ECHR
Law and order
Reference:
Paukova Y.V.
On the need to reform the Institution of undesirability of stay (residence) of foreign citizens in Russia in the conditions of digitalization
// Law and Politics.
2021. ¹ 1.
P. 23-33.
DOI: 10.7256/2454-0706.2021.1.34942 URL: https://en.nbpublish.com/library_read_article.php?id=34942
Abstract:
The subject of this research is the legislative provisions on undesirability stay (residence) of foreign citizens and stateless persons in Russia, as well as the established law enforcement practice. The object this research is the social relations developed in the process of rendering decisions by the federal executive authorities on undesirability of stay (residence) and their enforcement. The goal of this work consists in formulation of recommendations on reforming the institution of undesirability of stay (residence) of foreign citizens and stateless persons in Russia in the conditions of digitalization of the government actions. The article examines the grounds for making decisions on undesirability of stay (residence) of foreign citizens in Russia, the powers of the departments, and the consequences of decisions made on foreign citizens and stateless persons. Substantiation is made on the need for changes in the grounds for decision-making on undesirability of stay (residence) of foreign citizens in Russia. The author proposes the development and implementation of the “Automated System of Migration Control” using the advanced computer technologies based on the “rating” of a foreign citizen or stateless person. Such system will determine the period for restricting entry with consideration of all circumstances pertaining to the individual and crimes they committed. It is recommended to legislate the possibility of annulment of a decision on undesirability of stay (if the grounds thereof no longer exist) or suspension (if, for example, a stateless person has been issued a “temporary identification document of a stateless person”).
Keywords:
administrative and legal regulation, reforming, migration, automated system, digitalization, stateless persons, deportation, foreign citizens, closure of entry, undesirability of stay
Human and state
Reference:
Ostapenko A.V.
Abuse of employment rights by pregnant women as a factor affecting the safety of economic activity
// Law and Politics.
2021. ¹ 1.
P. 34-48.
DOI: 10.7256/2454-0706.2021.1.33507 URL: https://en.nbpublish.com/library_read_article.php?id=33507
Abstract:
This article discusses such legal phenomenon as the abuse of employment rights in relation to maternity leave. The article analyzes the employment legislation, reveals the gaps in legal regulation of the issues of abuse of their right by pregnant employees. The author examines the most common practical instances of abuse of their right by pregnant employees: intentional withholding of information on pregnancy at the time of conclusion of an employment contract or termination of an employment contract for mercenary purposes, refusal of transferring to a position that excludes the hazardous activities and refusal take on such position after being released from the main activity. The author underlines the inequality of positions of the employee and the employer with regards to protection from abuse of the employment contract by the opposite party. It is established that the options of the employer to protect their interests are limited, while a pregnant woman is in a more favorable legal position. The scientific novelty of this research consists in comprehensive analysis of the gaps and contradictions in legislation, as well as the decisions of the Plenum of the Supreme Court of the Russian Federation in the sphere of regulation of inequitable conduct of pregnant employees. The author offers the mechanisms for countering the abuse of rights by pregnant employees, which are based on inclusion of the norms aimed at protection of the rights and interests of the employer into the local normative acts. The author also develops a range of proposals on the improvement of legislation for the purpose of restoring the balance between the rights and interests of the parties to the employment contract.
Keywords:
concealment of information, abuse of rights, termination of an employment contract, hiring, pregnant woman, employer, employee, labor rights, limits on the exercise of rights, dishonest actions of an employee
History of state and law
Reference:
Novikov O.A., Nadtochii I.O., Nikishin S.V.
Medieval “liberation theology” in the works of Theodore the Studite
// Law and Politics.
2021. ¹ 1.
P. 49-58.
DOI: 10.7256/2454-0706.2021.1.34832 URL: https://en.nbpublish.com/library_read_article.php?id=34832
Abstract:
The subject of this article is the political-legal ideas of the Byzantine philosopher, public figure and theologian Theodore the Studite. His life and activity were closely related with the policy of Byzantine Iconoclasm conducted in the VIII – IX centuries. The emperors of the Romans, in their struggle against the political and economic power of the Orthodox Church, used discrepancies in interpretation of one of the doctrinal questions of Christianity, which historically manifested as a “stumbling block” among the adherents of this religion. Western province of the Byzantine Empire were against the policy of “iconoclasm” and its monasticism, the prominent representative of this intellectual tradition of which (in the medieval understanding of the latter) was Theodore the Studite. The political-legal ideas of Theodore the Studite, unlike his theological views, are poorly studied in the Russian science. However, they have certain scientific value due to the uniqueness of views of the philosopher comparing to the works of contemporaries and the Byzantine political;-legal literature overall. In his polemical works of theological orientation, Theodore the Studite discusses the problems of the liberty of conscience, individual autonomy, human rights (in their medieval interpretation), boundaries of intrusion of public authorities in social life, etc. The ideas of the Byzantine philosopher represent one of the first attempts of apologetics of “democratic Christianity”.
Keywords:
concept, christianity, empire, philosophy, politics, power, church, state, phenomenon, discourse