Counter-sanctions regulation: comparative legal analysis (Russia and China)

Abstract

A new legal regulation is being formed in the Russian Federation related to unprecedented anti-Russian sanctions. International sanctions against Russia not only became an impetus for the development of legal institutions of Russian law, but also forced to turn to foreign anti-sanctions experience of such regulation. Under these conditions, a new legal institution of Russian law is being formed – the institute of counter-sanctions (sanctions) regulation. This process is taking place against the background of growing ties between Russia and China. At the same time, in both countries, counter-sanctions regulation is at the stage of formation. In this regard, it is relevant to conduct a comparative legal analysis, identify common and different characteristics of legislation, which will allow us to form proposals for improving Chinese and Russian counter-sanctions regulation. The author applies both philosophical and general scientific methods of cognition (analysis and synthesis, induction and deduction, critical and dialectical methods) and methods specific directly to legal science (structural-logical, formal-legal, comparative-legal). The key difference between the Chinese approach to the formation of a counter-sanctions system is its focus on prohibiting compliance with the sanctions of foreign states. There is no such prohibition in Russian regulation (but several similar bills have been submitted to the legislature for consideration) and the legislative emphasis is on protecting the country and individuals from unfriendly actions of foreign states. Although the Chinese counter-sanctions regulation differs from the Russian one, it has a number of common features with it. Also, Russian regulation is more advanced and transparent in terms of mechanisms for the introduction and control of counter-sanctions. The undeniable advantage of Russian counter-sanctions regulation is undoubtedly its official consolidation within the framework of the legal system, while in China a significant part of the sanctions are outside the official legal regulation and are located in the plane of political decisions on the country's trade policy.