• Title/Summary/Keyword: Russian Law

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Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

A Study on the Korean Medical Institution's Strategies for Advancing into Free Port of Vladivostok (한국 의료기관의 블라디보스톡 자유항 진출에 관한 연구)

  • Shin, Tae Seop
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.221-255
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    • 2016
  • The Russian government enacted the 'Federal Law on the Free Port of Vladivostok' to improve the medical industry in the Far East in 2015. As a result, Korean medical institutions are increasingly interested in advancing into Free Port of Vladivostok. Increased demand for high-quality Korean medical services from Russian patients and the active government policy direction of the Russian government serve as strengths and opportunities for advancing into Free Port of Vladivostok. On the other hand, the legal imperfections caused by the delay in the establishment of sub-regulations for Federal Law on the Free Port of Vladivostok and the low reliability of the Russian government are both weaknesses and threats. Therefore, Korean medical institutions will need to carefully consider the timing of advancing into Free Port of Vladivostok by closely monitoring the process of establishing the sub-regulations of Federal Law on the Free Port of Vladivostok. And it is the most realistic model for Korean medical institutions to establish 'Professional clinic model linked with health screenings(1st stage model)'. The Korean government needs to conclude a 'MOU for Cooperation on Health and Medical Care between Korea and Russia' with the Russian government and should also carry out the 'Korean Minnesota Project'.

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A Methodology of Automated Analysis and Qualitative Assessment of Legislation and Court Decisions

  • Trofimov, Egor;Metsker, Oleg;Kopanitsa, Georgy
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.229-235
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    • 2022
  • This study aims to substantiate an interdisciplinary methodology for automated analysis and qualitative assessment of legislation and court decisions. The development of this kind of methodology will make it possible to fill a number of methodological gaps in various research areas, including law effectiveness assessment and legal monitoring. We have defined a methodology based on the interdisciplinary principles and tools. In general, it should be noted that even at the level of qualitative assessment made with the use of the methodology described above, the accumulation of knowledge about the relationship between legal objectives, indicators and computer methods of their identification can reduce the role of expert knowledge and subjective factor in the process of assessment, planning, forecasting and control over the state of legislation and law enforcement. Automation of intellectual processes becomes inevitable in a digital society, but, releasing experts from routine work, simultaneously reorients it to development of interdisciplinary methods and control over their application.

Russian and Foreign Experience in Implementing Departmental Control and Prosecutor's Supervision when Verifying Crime Reports

  • Ivanov, Dmitriy Aleksandrovich;Moskovtseva, Kristina Andreevna;Bui, Thien Thuong;Sheveleva, Kseniya Vladimirovna;Vetskaya, Svetlana Anatolyevna
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.299-303
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    • 2022
  • The article examines the stage of verification of a crime report from the standpoint of the need for its legislative regulation. Moreover, it investigates the international experience in this field. The existing procedural models are described in detail on the example of the neighboring and faraway countries. An analysis of the provisions of the current criminal procedure law of Russia and foreign experience allowed the authors to identify existing problems in the implementation of departmental control and prosecutorial supervision at the stage of verifying a crime report. The aim of the study is to develop theoretical provisions and recommendations regarding the implementation of departmental procedural control and prosecutorial supervision over the activities of the investigator during the verification of reports of crimes, based on the study of experience, both in Russia and in a number of countries of the near and far abroad, which could find their reflection in law enforcement practice, as well as aimed at improving the current criminal procedure legislation. The authors substantiated the theory that a detailed examination of the foreign procedural foundations of checking a crime report will allow us to form the most suitable model for checking a crime report for our state, taking into account all possible features and successfully implement it into the current criminal procedural law of the Russian Federation.

Differentiation of Legal Rules and Individualization of Court Decisions in Criminal, Administrative and Civil Cases: Identification and Assessment Methods

  • Egor, Trofimov;Oleg, Metsker;Georgy, Kopanitsa
    • International Journal of Computer Science & Network Security
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    • v.22 no.12
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    • pp.125-131
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    • 2022
  • The diversity and complexity of criminal, administrative and civil cases resolved by the courts makes it difficult to develop universal automated tools for the analysis and evaluation of justice. However, big data generated in the scope of justice gives hope that this problem will be resolved as soon as possible. The big data applying makes it possible to identify typical options for resolving cases, form detailed rules for the individualization of a court decision, and correlate these rules with an abstract provisions of law. This approach allows us to somewhat overcome the contradiction between the abstract and the concrete in law, to automate the analysis of justice and to model e-justice for scientific and practical purposes. The article presents the results of using dimension reduction, SHAP value, and p-value to identify, analyze and evaluate the individualization of justice and the differentiation of legal regulation. Processing and analysis of arrays of court decisions by computational methods make it possible to identify the typical views of courts on questions of fact and questions of law. This knowledge, obtained automatically, is promising for the scientific study of justice issues, the improvement of the prescriptions of the law and the probabilistic prediction of a court decision with a known set of facts.

Public Policy Exception under Russian Law as a Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards

  • Andreevskikh, Liliia;Park, Eun-ok
    • Journal of Arbitration Studies
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    • v.32 no.3
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    • pp.47-70
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    • 2022
  • This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

Comparative Analysis of Cosmic Radiation Exposure Dose Due to the Russian Detour Route

  • Hee-Bok Ahn;Jaeyoung Kwak;Junga Hwang
    • Journal of Astronomy and Space Sciences
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    • v.40 no.2
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    • pp.59-66
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    • 2023
  • Since the World Health Organization (WHO) officially announced a global pandemic on March 12, 2020, the aviation industry in the world has been experiencing difficulties for a long time. Meanwhile, the Ukraine war broke out in February, and from March 15, domestic airlines must operate air routes bypassing Russian airspace despite the longer flight time. Therefore, as the flight time increases, the cosmic radiation exposure dose of the crew members is also expected to increase. Here we compare the radiation exposure dose between the route doses for the eastern United States and Europe before and after the detour route usage. Through the comparison analysis, we tried to understand how cosmic radiation changes depending on the flight time and the latitude and which one contributes more. We expect that this study can be used for the policy update for the safety management of cosmic radiation for aircrews in Korea.

Principle of Proportionality of Contractual Penalty in Arbitral Awards in Russia

  • Eunok Park;Liliia Andreevskikh
    • Journal of Korea Trade
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    • v.27 no.1
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    • pp.176-191
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    • 2023
  • Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

A Comparative Study on the International Trade and Commercial Arbitration between Korea and Mongolia (한국과 몽골의 무역과 상사중재제도에 관한 비교연구)

  • YU, Byoung-Uk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.495-522
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    • 2016
  • The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

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On the Library Administrative Systems and Legislations in Russia (러시아의 도서관 행정.법제에 관한 고찰)

  • Yoon Hee-Yoon
    • Journal of Korean Library and Information Science Society
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    • v.35 no.3
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    • pp.23-40
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    • 2004
  • The purpose of this paper is to overview the administrative system and legislation of Russia's libraries with priority given to public library. After the breakup of the Soviet Union in 1991, Russia began to set up a new political, legal, and economic system. Russia has about 51,000 public libraries. Most towns and large villages have a public library As a rule, public libraries are unified in centralized systems coincident in their location with administrative regions. The great majority of public libraries are part of a network subordinated to the Ministry of Culture of the Russian Federation. Library legislation is an important guarantee of the success of library service. Two definitive federal laws were enacted in 1994, Library Law and Legal Deposit Copy Law. In 2001, the Russian Library Association adopted the Model Standard for Public Library. It has a recommendatory character and it is addressed to both librarians and local authorities.

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