This chapter compares the Russian national legislation on online freedom of expression with the Council of Europe’s (CoE) legal standards on this issue to investigate the extent to which the Russian legislation has been consistent with the CoE vision. The chapter first examines the CoE perspective, including the European Court of Human Rights case law and non-binding documents of the other main CoE institutions. It then analyses the Russian national legislation and the perspectives of the highest Russian courts. The chapter compares the CoE and Russian legal visions of key principles in the governance of online freedom of expression, the new notion of media, editorial responsibility for users’ comments, the right to anonymity, and the protection of journalists from surveillance. The chapter concludes that the Russian legislation on online freedom of expression needs a considerable revision to comply with the CoE standards and suggests that Internet companies and international organisations should drive this process.
This article examines the recent media reform in Turkmenistan and argues that the purpose newly enacted media legislation was to present the illusion of democratic change in the country.
This article examines the intellectual genealogy of a central tenet of contemporary nationalist discourse in Tajikistan, namely, the Aryan myth as the idea of the Tajiks’ Aryan descent. The origins of this myth are dis- covered in Late Imperial Russia. Over the rst decades of the twentieth century, through the early Soviet period, the Tajik Aryan myth would transform from a narrative legitimizing Russian imperial rule to a myth of Tajik national identity. The article shows how Tajikistan’s imagining and formation as a nation-state was inextricably linked to the Aryan myth and to the way it was articulated by imperial scholars-turned-Soviet oriental- ists, such as Aleksandr Aleksandrovich Semenov (1873–1958). Taking the microhistorical perspective of a single life allows the author to highlight the local Central Asian dynamics of the complex imperial situation that paved the way to and accompanied Bolshevik nationalities policy. As a scholar with a certain political weight, Semenov managed to exploit the leeway for action in accordance with his own research interests (rather than acting as a mere instrument of the imperial and Soviet regimes in Central Asia). Consequently, the article argues that the process of delimiting borders and identities in 1920s Central Asia was in uenced not only by Moscow-based Bolsheviks and leading Central Asian Muslim political gures but also by Russian orientalists as distinctive historical actors.
The efficiency approach, as advocated by the Chicago School in particular, only provides a very narrow approach to competition law analysis that relies on the preferences of consumers. This approach remains especially insufficient for the regulation of firms that provide citizens with politically relevant news and information. In times of digitisation, citizens increasingly rely on news disseminated by Internet intermediaries such as Facebook, Twitter or Google for making political decisions. Such firms design their business models and their algorithms for selecting the news according to a purely economic rationale. Yet recent research indicates that dissemination of news through social platforms in particular has a negative impact on the democratic process by favouring the dissemination of false factual statements, fake news and unverifiable conspiracy theories within closed communities and, ultimately, leads to radicalisation and a division of society along political and ideological lines. Experience based on the Brexit referendum in the UK and the recent presidential elections in the US highlights the ability of populist political movements to abuse the business rationale of Internet intermediaries and the functioning of their algorithms in order to win popular votes with their ‘post-truth politics’. This article relies on competition law principles to discuss future approaches to regulating the market for political ideas at the interface of competition law and media law in the new digital age. Based on constitutional considerations the article rests on the assumption that media markets should not only provide news that responds best to the psychological predispositions and subjective beliefs of the individual citizen, but also provide correct information and diversity of opinion as a basis for making informed democratic decisions.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/