• 제목/요약/키워드: Russian Law

검색결과 34건 처리시간 0.019초

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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    • 제22권7호
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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.

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

  • 신태섭
    • 의료법학
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    • 제17권2호
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    • pp.221-255
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    • 2016
  • 러시아 정부는 2015년 극동지역 의료산업 개선을 위해서 "블라디보스톡 자유항에 관한 연방법"을 제정한바 있다. 그 결과 한국 의료기관들의 블라디보스톡 자유항 진출에 대한 관심이 증대되고 있다. 수준 높은 한국 의료서비스에 대한 러시아 환자의 수요 증가와 러시아 정부의 적극적인 정책 방향은 블라디보스톡 자유항 진출에 있어서 강점과 기회로써 작용한다. 반면에 자유항법의 하위규정 제정 지연으로 인한 법적 불완전성과 러시아 정부의 낮은 신뢰도는 약점과 위협으로 대두된다. 이에 한국 의료기관은 자유항법의 하위규정의 제정 과정을 면밀히 모니터링 함으로써 진출 시기를 신중히 검토할 필요가 있겠다. 그리고 '검진 연계 전문클리닉 모델(1단계 모델)'을 구축하여 진출하는 것이 가장 현실성 높은 모델이라 할 수 있겠다. 또한 한국 정부는 정부차원에서 '한 러 보건의료 협력 MOU'를 체결하고, 러시아 내 우호적인 여건 조성을 위하여 '한국형 미네소타 프로젝트' 수행이 요구된다.

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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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    • 제22권11호
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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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    • 제22권8호
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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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    • 제22권12호
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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
    • 한국중재학회지:중재연구
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    • 제32권3호
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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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    • 제40권2호
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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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    • 제27권1호
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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.

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

  • 유병욱
    • 무역상무연구
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    • 제69권
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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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러시아의 도서관 행정.법제에 관한 고찰 (On the Library Administrative Systems and Legislations in Russia)

  • 윤희윤
    • 한국도서관정보학회지
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    • 제35권3호
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    • pp.23-40
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    • 2004
  • 이 연구는 국내에서 전혀 논급되지 않은 러시아의 도서관 행정체계와 법제를 고찰하는데 목적이 있다. 1991년 소비에트연방이 붕괴된 이후, 러시아는 새로운 정치적, 법적, 경제적 시스템을 도입하기 시작하였다. 현재 러시아에는 약 51,000개의 공공도서관이 있으며, 대체로 행정구역을 중심으로 중앙집중적 시스템으로 운영되고 있다. 연방정부의 도서관 주무부처는 문화부이며, 1994년에 핵심법제인 ‘도서관법’과 ‘납본법’을 제정하였다. 그리고 2001년에는 러시아도서관협회가 ‘공공도서관 모델기준’을 공표하였으며, 사서집단과 지방행정청이 이를 준용하고 있다.

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