Rights In Russia Research Articles

Историко-правовой анализ развития отечественного законодательства о недвижимом имуществе

The article analyzes the formation and development of the institution of property law in Russian civil law, which began with the analysis of the main sources of both pre-revolutionary and Soviet law. The methods of comparative legal and historical-legal analysis were applied in the work to compare the order of legal regulation of relations of the right to immovable property in different historical periods. During the analysis of the emergence of the institution of ownership of real estate at various stages of the country’s development, new approaches to its theoretical understanding have been identified, which confirms the importance of legislative consolidation of this institution. The conducted research allows us to assert that the legislative consolidation of property rights in Russia has passed a long period of development, starting with the awareness of the concept of «property».

Pre-trial procedures in disputes on the protection of intellectual rights

Pre-trial conflict resolution procedures do not cease to be in demand, and the development of their legal regulation does not lose its relevance. Disputes on protecting intellectual rights are no exception, and most countries have established special pre-trial procedures. However, specific difficulties emerge when applying the legal norms related to pre-trial conflict resolution procedures in disputes on the protection of intellectual rights, which can be clearly demonstrated while studying the Russian experience using the mentioned pre-trial procedures. The paper aims to analyze and define the peculiarities of pre-trial procedures in disputes on protecting intellectual rights in Russia. Using systemic approach, as well as comparative legal and formal legal analysis allowed author to define the peculiarities of pre-trial procedures in disputes on the protection of intellectual rights in the Russian Federation: special requirement on the mandatory pre-trial claim procedure is a departure from the general approach, according to which such procedure is required for disputes arising from transactions or unjust enrichment, and is probably due to the complexity of these disputes; in the administrative pre-trial procedure of dispute examination in the Chamber of Patent Disputes the parties have a wide enough set of procedural rights and opportunities, and the procedure is quite close to the judicial procedure, and in some respects even exceeds it.

Legal Regulation of Parallel Import in the States of the Eurasian Region

The article is devoted to the problem of regulating parallel imports in the countries of the Eurasian region, which is significant in the conditions of the modern world economy. The relevance of this issue is related to the economic sanctions applied to such states of the Eurasian region as the Russian Federation and the Republic of Belarus. The legal regulation of issues of protection of intellectual property rights in Russia, Belarus, Kazakhstan, China, and Azerbaijan is analyzed. Special attention is paid to the consideration of the practice of the Constitutional Court of the Russian Federation, as well as legal acts regulating the rights of both copyright holders and importers and consumers, who are subject to the consequences of certain decisions of copyright holders who do not consent to the import of goods into different states.Aim. Research of the legal regulation of the institution of parallel imports in the states of the Eurasian region in the context of economic sanctions.Tasks. Analysis of regulations governing the protection of intellectual property rights in the states of the Eurasian region, research of the main directions of parallel imports in the states of the Eurasian region, as well as identification of the main legal problems associated with the legalization of parallel imports in the region.Methods. Comparative legal and cross-temporal analysis of international and national regulations in the field of antitrust, copyright and customs law, as well as the study and analysis of general scientific literature and the formation of one’s own conclusions during the research.Results. As a rule, the states of the Eurasian region have established the national principle of exhaustion of rights to a trademark, and the international principle is used as an exception for certain groups of goods. The legalization of parallel imports raises several formal questions about the compliance of permission to import without the consent of the copyright holder with the international obligations of various states.Conclusions. In connection with the introduction of economic sanctions against some states of the Eurasian region, parallel imports are an effective mechanism for protecting the domestic market from abuses by copyright holders who unreasonably deny importers the right to distribute goods. Also, one of the methods to neutralize the consequences of sanctions regulation is to use the markets of other countries in the Eurasian region, which do not directly prohibit parallel imports.

Cost of Expulsion, Dissent and Human Rights in Russia

Abstract With Russia outside the Council of Europe, the possibilities for successful litigation against the state by Russian citizens have become limited. In more ways than one, Russians made the Strasbourg court their own. Russia was among the states with the most applications against it. At the same time, victims of Russia’s abuses, dissenters, and human rights defenders were among the ECtHR’s main beneficiaries. Despite Russia’s mixed record of compliance, the Court provided a singular avenue for accountability, and served as a catalyst for domestic mobilization. Expulsion appears to have accelerated authoritarian decline. Although it is hard to know how much stronger respect for human rights would have been had Russia remained, in the absence of European Court, human rights in Russia face massive challenges. The cost of expulsion raises questions about how human rights institutions should balance institutional legitimacy and condemnation of states with responsibility to the people living within them.

Exhaustion of rights and parallel import: legal assessment from the point of view of security

In the context of external challenges and threats, integration and digitalization of the economy, attention is growing to the issues of exhaustion of rights or parallel imports. The article considers the issues of exhaustion of exclusive rights to intellectual property objects from the point of view of ensuring security.The object of the study is the model of exhaustion of exclusive intellectual property rights in Russia, its features from the point of view of ensuring various types and levels of security. Based on the proposed periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, the author examines the formed model of exhaustion of intellectual property rights, highlights its features, identifies options for its scientific justification from the standpoint of ensuring national security in the context of internal and external threats.Methods of systemic, historical and institutional analysis, formal logical and comparative legal methods were used. The author proposes a periodization of the legal regulation of exhaustion of rights in Russia in the context of Eurasian economic integration, a classification of participants in legal relations directly or indirectly involved in the mechanisms of creation, use and turnover of intellectual property rights. Attention is drawn to three aspects of the mechanism of exhaustion of rights that has developed and is developing in Russia: the conceptual apparatus of the mechanism, the complexity and multilevel nature of the security provided by it and the mobile nature of the mechanism of exhaustion of rights. Conclusion are drawn that in modern Russia the established model of exhaustion of rights, combining elements of regional and international principles of exhaustion, can be considered as a way to counteract sanctions pressure, measures to protect domestic copyright holders, producers and consumers, measures to support the domestic economy, conditions for the formation and strengthening of technological sovereignty. It is proved that the established correlation of various models of exhaustion of rights in Russia reflects the dominance of aspects of national security protection, the strengthening of economic components of intellectual property rights protection.

PROBLEMS OF CIVIL REGULATION OF THE USE OF DIGITAL RIGHTS IN VENTURE INVESTMENT

The purpose of the research. The article examines the features of the legal regulation of the circulation of utilitarian digital rights in Russia in the field of venture investment in order to identify ways to intensify the use of this tool to attract financing for innovative projects. Results. An analysis of the legislation of the Russian Federation on the circulation of digital rights was carried out, and it was concluded that the potential for using these assets in venture investment is not realized in practice, since the law prohibits the issuance and circulation of utilitarian digital rights that establish the obligation to transfer property subject to state registration. In particular, this entails the impossibility of issuing utilitarian digital rights tied to the transfer of rights to objects of patent law. It is noted that there are currently infrastructure solutions that in the future may serve as the basis for expanding the use of digital rights in venture investment, if legal barriers are eliminated and in the case of mandatory connection to the information system in which the issuance of utilitarian digital rights is carried out, authorized registration bodies and legislative regulation of the procedure for the exchange of information between participants in such a system and registration authorities. It is concluded that in the field of intellectual property, the RCIS.RF system could serve as an organizational and technological basis for the implementation of these proposals, subject to the removal of legal barriers.

Mechanism for the protection of social security rights in Russia and some EAEU countries

The welfare State should ensure the functioning of the mechanism for the protection of social security rights. The adoption of a codified act in the field of social security is one of the important issues of systematization and establishment of benefits, guarantees in this area, the development of a common approach to the protection of social security rights. An analysis of the legislative experience of the EAEU countries regarding the codification of this legislation, as well as mechanisms for the protection of such rights, can serve as a basis for the development of the Russian Code. The study of the legislative provisions regulating the activities of the social protection inspector in the Republic of Kazakhstan can serve as a basis for optimizing legislation in this area in the Russian Federation and the implementation of regulations on the powers of the social protection inspector.

Виртуальные (цифровые) лица

The article is devoted to the virtual digital persons which often replace the traditional natural or legal persons in the WWW. It creates the problem of correlation between the first and the latter which can not be ignored by the law. According to the Civil Code anonymous activity is highly restricted. Acquisition of rights under the name of another person is, as a rule, prohibited. Meanwhile, under public law rules the anonymous activity is recongnised more widely. So the rule of the Civil Code needs correction. Virtual digital person may be an image (a copy) of a certain person (traditional natural or legal person) or a fictitious one. Сopyright law knows such a notion as the character in a work of art, literature, etc. The latter and the notion of virtual digital person partly coincide. Quite often virtual digital persons are created and used in the Internet by persons not possessing the image which is reproduced. Therefore, the problem of defending the right to personal image in the WWW arises. It requires amendments in the regulation of personal non-property rights in Russia.

Криптограф. Заметки для ненаписанных биографий Чехова

The article is based on the analysis of A.P. Chekhov’s play The Three Sisters. It is executed according to “newly discovered circumstances”, in other words, based on the facts that were not taken into account before: from the subtleties of the passage of time in the play to the legal features of status rights in Russia in the late 19th — early 20th century. The undertaken analysis allows us to assert that the conventional view on the play can be corrected, since it generates an inadequate perception and interpretation of The Three Sisters. This is the main conflict of the first part of the article. The second part presents the thesis that the new data in The Three Sisters allow us to go beyond the text itself and look at the life circumstances of the author and, perhaps, his entire work from a different, somewhat unexpected angle. Chekhov’s stories and plays were traditionally regarded as casts of the socio-political realities of Russia in the 1880s-1890s, practically devoid of such a feature as literary play. To show and prove the unsoundness of such a view, some “newly discovered circumstances” from The Three Sisters are extrapolated to the biography of the author of the play. This allows us to ask legitimate questions concerning not only the life but also the modus operandi of the author of The Three Sisters and to conclude that the conventional narrative of Chekhov’s life, where he is traditionally defined as “a self-made intellectual”, is falling apart and requires rethinking.

Russian and Foreign Experience of Functioning of the Institute of the Commissioner for Human Rights (Ombudsman): Issues of Improving Legal Regulation

Improving the mechanism for the protection of human and civil rights and freedoms is a constant task for the legislator in any state. In scientific research, when analyzing existing Russian legislation, law enforcement practice, foreign experience, researchers justify the need to adjust Russian legislation and law enforcement. Some proposals are further reflected in the legislation. New challenges to the Russian state and society require additional measures to improve the activities of human rights commissioners (ombudsmen). These persons actively participate in the implementation of the human rights state function. The purpose of the study is to identify the features of legal regulation and the functioning of the Federal Commissioner for Human Rights in Russia, the implementation of its functions, and the determination of the most acceptable scientific views on improving its status, taking into account modern Russian realities and positive foreign experience. The methodological basis of the study was general scientific methods, as well as special legal methods of cognition, special importance is attached to the comparative legal method. We concluded that the recognition by the human rights commissioners (ombudsmen) of an important place in the state extrajudicial mechanism for the protection of human rights is not without grounds. When changing legal norms, it is necessary to take into account that the functionality of these persons is limited due to the specifics of their status, as well as the subsidiary of their role in protecting human and civil rights and freedoms. These persons contribute to the restoration of the violated right mainly through interaction with public authorities. Consequently, proposals to empower the Commissioner for Human Rights in the Russian Federation with unusual functions should be assessed for acceptability from the standpoint of the specifics of its status and the importance of ombudsmen in the Russian human rights mechanism.

The Central Bank of the Russian Federation and human rights in Russia

In the article, based on the norms of the Constitution of the Russian Federation and the Federal Law "On the Central Bank of the Russian Federation (Bank of Russia)", the legal position of the Bank of Russia is considered and the author's definition of this organization formed by the state is proposed. As a result of the analysis of these regulatory legal acts, it was established that the acts of the Bank of Russia restricting the rights and freedoms of a person and citizen in the Russian Federation regarding the use of their property are issued in violation of constitutional norms and the norms of the federal law regulating its activities. It is revealed that in the Russian Federation there is no state body that monitors (supervises) the observance by the Central Bank of the Russian Federation of human and civil rights and freedoms. In conclusion, in order to correct the current situation, which allows the Bank of Russia to make decisions that illegally restrict the rights and freedoms of a person and citizen in the Russian Federation, proposals for changing the legislation are formulated. The novelty of the presented research consists in an attempt to determine the organizational and legal form of the Central Bank of the Russian Federation, based on legislative norms that are not taken into account by other authors, as well as to determine the legality of decisions taken by the Bank of Russia that restrict the rights and freedoms of man and citizen in the Russian Federation

Formation of the principle of respect for human rights in Europe, its connection with international and national security

The article deals with the formation process, the current state and perspectives of the relationship between states that do not respect human rights and basic freedoms. Such states pose a danger to the stable development of international relations and fruitful cooperation between states, and ultimately to international peace and security.
 The modern world is characterized by the fact that the expansion of human and citizen rights occurs as a result of the development of norms of both national and international law. This bilateral process helps mutual enrichment of legislation and allows raising the bar of human rights to a new level.
 Speaking of security, the world still ignores the real protection of human rights, replacing it with a formal one.
 The principle of respect for human rights has a direct and inverse relationship with international and national security: states that systematically abuse human rights are recognized as initiators of aggression. And external aggression itself contradicts the interests of both the aggressor state itself and its population. Aggression entails the application of serious international sanctions, which will hit its citizens hard, in particular, and will also entail a serious restriction of civil rights.
 And vice versa: an improvement in the situation in the field of human rights protection reduces the probability of an aggressive war.
 The refusal of a separate state to fulfill the requirements of the corresponding principles of respect for human rights does not cancel their importance for international and national security, and does not eliminate the negative consequences that such a refusal would entail.
 The attack of the Russian Federation led to serious and massive violations of human rights and international humanitarian law, which had catastrophic consequences for the exercise of almost all human rights in Ukraine. But over the past two decades, the Russian authorities have systematically violated and restricted basic freedoms within their own state, closed down independent mass media, and banned peaceful protests in the country. And the war in Ukraine entails a further deterioration of the state of human rights in Russia: now a new iron curtain is being lowered there, behind which the authorities oppose the exercise of civil rights and a free and independent civil society.

Проблемные аспекты судебной защиты прав собственников жилых помещений при переселении из аварийного жилья в Российской Федерации

Introduction. One of the most relevant and at the same time problematic areas of protection of housing rights in Russia is the protection of the rights of citizens during relocation from dilapidated and unsafe housing. The resettlement from the uninhabitable housing stock is one of the most important areas of the social policy of the Russian Federation. At the same time, the process of resettlement of citizens does not always and not in all subjects of the Russian Federation proceed without conflict and in compliance with the requirements of federal legislation. The rights of citizens are often violated by local governments responsible for their resettlement, which forces them to resort to judicial and other legal protection procedures. Theoretical analysis. The introduction of amendments to the Housing Code of the Russian Federation in terms of the introduction of part 8.2 of article 32 created legal uncertainty in understanding the development of housing legal relations over time and the content of the principle of retroactive effect of the law. In practice, this has led to numerous litigations between local governments, that insist on the need for direct application of this rule, and citizens who have acquired ownership of residential premises in houses recognized as unsafe and have lost the right to receive new housing instead of uninhabitable. Empirical analysis. It was revealed that the courts of the first appeal and cassation instances, when considering the same category of cases, apply the norms of part 8.2 of article 32 of the Housing Code of the Russian Federation in different ways. In some cases, the courts took the side of local governments, defining housing relations as continuing in time, others defended the positions of citizens who appealed to the facts of acquiring housing and including them in regional departmental resettlement programs before the relevant changes to housing legislation were made. An important role in eliminating uncertainty in judicial practice was played by the Supreme Court of the Russian Federation, which, by its decision, confirmed the correctness of the positions of citizens. Results. The authors proposed the directions for improving the current housing legislation, which, according to their opinion, will ensure, among other things, the observance and protection of the rights of citizens.

Business and Human Rights in Russia: Emerging or Merging?

Abstract The increasing focus on business and human rights (BHR) in civil society and policymaking has not been matched by research on corporate actions to respect and protect human rights. The lack of research on BHR is especially acute outside of Western Europe and Anglo-centric contexts. This paper seeks to investigate how the largest Russian firms conceptualize and fulfil their human rights obligations under the UN Guiding Principles and the extent to which internationalization of those firms may have impacted these behaviours. I use a unique dataset created from a sample made of the 100 largest firms listed on the Moscow Stock Exchange. Using the theoretical construct of institutional conflict, I find that cross-listing on other stock exchanges and the extent to which firms frame their broader social responsibility issues as ‘sustainability’ or ‘sustainable development’ rather than ‘corporate social responsibility’ has a substantial impact on firm attention to human rights. While this attention is encouraging, firm disclosure of actions taken to mitigate against violations and protect human rights is extremely limited and the strength of domestic institutional pressures has resulted in very little firm action in the face of the extreme and widespread human rights violations being committed in Ukraine by Russia.

Digital Rights as Objects of Civil Rights in Russia

Following a comprehensive study and analysis of theoretical provisions and private law regulation, the author identifies specific features of the definition of digital rights as an object of civil rights and assesses the emergence of the new concept of «digital rights» for domestic civil law in the legislation. Particular attention is given to the wording of the concept of digital rights contained in the Civil Code of the Russian Federation. The main problems that gave rise to numerous discussions in the science of civil law regarding the legal definition of digital rights are identified. Attention is drawn to the fact that, according to the current civil legislation of the Russian Federation, digital rights include only those that are directly named as such in the law. Following a systematic analysis of the current legislation and doctrinal provisions in the area under study, the author concludes that the transferability of digital rights is limited. The adopted federal laws on attracting investments using investment platforms and on digital financial assets are considered, utilitarian digital rights and digital rights that relate to digital financial assets are analyzed. Attention is also given to other problems that arise as a result of the modernization of civil law regulation of public relations in the field of digital rights, for example, regarding the contradictions in the terminology used by the legislator that give rise to numerous discussions (in particular, «information systems» when defining the category «digital rights»), and possible mechanisms to overcome them. The conclusion is made about the importance of the appearance in the domestic civil legislation of norms on digital rights, indicating the desire of the legislator to respond in a timely manner to the challenges of the transforming digital reality, which will serve as a necessary prerequisite for further regulation of civil law relations that are rapidly changing under its influence.

Complex Legal Lives: Separated Muslim Women’s Financial Rights in Russia (1750s–1820s)

This article seeks to recover the financial rights of separated women living in the Muslim communities of Russia’s Volga-Ural region in the eighteenth and early nineteenth centuries. It argues that by the 1780s–1820s, separated Muslim women were guaranteed certain rights and powers over their marital finances and personal property. These rights emerged out of a complex plural legal landscape created by the Volga-Ural region’s complicated religious and political history in the late medieval and early modern periods. By the end of the eighteenth century, separated Muslim women could claim certain financial rights under both Islamic law and Russian civil law, but had to pursue different kinds of claims through different legal systems. The legal landscape and practices that evolved in relation to separated women’s rights during the early modern period became formalized and institutionalized in the nineteenth century and persisted until the collapse of the Russian empire.

From Orthodox Christianity to “Jewish Law”: Unusual Conversion in the Russian Empire of the Early 19th Century

This article is a piece of microhistorical research of a court case investigating religious conversion in Russia in the 1820s. It presents the story of an Orthodox Christian girl who adopted ”Jewish law” and married a Jewish man. The article attempts to define the background and peculiarities of the conversion and clarify the context in which this was taking place. The work uses various methods: narrative, comparative, contextual analysis, text interpretation, etc. Analysis of the court case establishes that the girl’s change of faith was the result of: (1) close contacts with the Jews and lack of social ties within the Christian community; (2) poverty and extremely low social status; (3) lack of “religious capital”. Jewish social assistance practices, ways to legalize a new status, finding a job, and personal freedom turned out to be attractive to the serf woman. The novelty of this study involves the introduction of a previously unknown archival source representing a very rare phenomenon of conversion to Judaism in imperial Russia. In addition, the article presents the paradoxical case of an attempt at re-socialization by transitioning from the dominant confession to the faith of a religious minority and integration into a community whose rights in Russia were heavily curtailed.

A Subsoil use rights in Russia: from origins to modern times

The article considers subsoil use rights in Russia, starting from their origins and ending with modern problems. The authors conduct a comprehensive analysis of laws governing the formation, alteration, and termination of subsoil use rights, as well as the relevant scientific literature and law enforcement practice on this issue, identifying several urgent issues and suggesting ways to solve them. The study is based on the work of authorized bodies that control the activities of subsoil users, discussion of draft laws, generalization of modern judicial and arbitration practice, licensing, and other materials. The regulatory framework was formed by laws and other legal acts of pre-revolutionary Russia, the USSR, the Russian Federation, and constituent entities of the Russian Federation and international legislation regulating subsoil use relations.

Equality is not Equal to Justice: on the Issue of Confrontation in the Protection of the Rights of Women and Men

The paper examines the scholarly experience of understanding the equality of constitutional and socioeconomic rights and obligations of citizens in Russia, elucidates approaches to the definition of men’s rights as legal and social categories, understanding and substantiating gender inequality in relation to men and women. The author has carried out a critical analysis of publications devoted to the problem of infringement of men’s rights in Russia. The author has studied the origins of the scientific formulation of the problem of discrimination against men, its manifestations in the legal field of the Russian Federation. It has been established that some researches represent men and women as rivals in the struggle for rights, determine the problem one-sidedly and unconstructively, devalue achievements in the struggle for women’s rights, contrast both the rights and duties of men and women in general and exaggerated manifestations of discrimination against men by legislatively established privileges of women. Listing the problems of discrimination against men, some authors use weak argumentation that defies criticism. The author states that posing the problem in this way is counterproductive for achieving the general well-being of the Russian population. It is argued that the problems of infringement of someone’s rights should be solved through constructive dialogue and should be aimed at achieving common goals, but not by spreading discriminatory practices to the opposite gender.

RETRACTED ARTICLE: Mechanisms for protecting children’s rights and the role of psychological services in the juvenile justice system of Russia against the background of international practices

BackgroundThe study examines children’s rights as a social and legal institution, adapting to the modern context, associated with new views on the psychology of the child and his legal personality. In addition, the study raises the question of the role of medical psychology and psychological practice in the juvenile justice system of Russia from the point of view of the foundations of legal regulation. The research outlines the problems of the implementation of the protection of children’s rights in Russia and suggestions for the legislative improvement of the mechanism. Through the use of the interpretative approach, the United Nations Convention on the Rights of the Child is considered as a source of soft law, requiring pluralization of practice pursuant to international rules.ResultsThe comparison of the two key approaches to the Convention, the dual status of the child and the public/private dilemma, is a basis for studying current problems in Russia through discourses on rights of a child. The comparison highlights the limitations and peculiarities common to both Russia and foreign states clarifying possible strategies for improving the implementation of rights of a child in different countries. The article examines the current legislation, which sets incentives for the development of the juvenile justice system. The foreign experience has been analyzed and the possibility of its implementation into the national legal system has been considered. It was the legal norms that the research was based on. The analytical framework of the study relies on both qualitative and quantitative methodologies. The aim of the current research is to analyze the degree of protection of children’s rights in Russia, as well as the system of juvenile justice. This required the assessment of the current political and cultural context, as well as the moral aspect that affects the development of the mechanism for protecting children’s rights in Russia.ConclusionsThe practical significance of the research carried out implies the possibility of using the results obtained in the development of legislative acts in the field of protecting the rights of children and the juvenile justice system.