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Regular version of the site
Of all publications in the section: 9
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Article
Gavrilova O. BRICS Law Journal. 2020. Vol. 7. No. 3. P. 4-28.

These days, the world and every country in it are faced with the task of ensuring food security for people. It’s of current interest also for the BRICS countries. The ability to access genetic information and materials for seed production depends on intellectual property regimes. A lack of access to them is a main barrier for contribution in the development of plant varieties. This situation leads to dependence on obtaining hybrid varieties from foreign companies, which poses a threat to food security. It seems that to ensure freedom of research priorities there is a need to provide an opportunity to commercialize new breeding achievements resulting from such discoveries. Correct policymaking also includes the issue of regulating the situation when a patent and a certi cate of ownership of the new plant variety are issued to di erent persons or companies. Capturing in legislation the breeders’ exception is necessary for the use of the patented invention in the frame of creating, discovering and developing a new plant variety. The biodiversity of seeds is a high stakes matter especially for the developing countries, where there are many challenges for smallholder farmers. The guarantee of the farmers’ right to use the saved seeds on their own farms and to exchange such seeds between themselves may be one of the aspects of food security as it is a base of the traditional agriculture economy in some countries, where smallholder farmers play a signi cant agricultural role. Also the position and scope of farmers’ rights and privileges, based on legislation and, especially, on judicial cases, shows a side of independence on international corporations in the agricultural sector.

Added: Oct 12, 2020
Article
Markuntsov S. A. BRICS Law Journal. 2018. Vol. V. No. 4. P. 90-113.

This article explores and compares the changes in the criminal legislation of Russia

and China. The author will first examine the history of the development of the criminal

legislation of the two countries, identifying their common and distinguishing features

in the process. The author will then compare the basic provisions and structure of

the criminal codes of Russia and China as objects of comparative legal research. This

article further analyzes the scale, direction and dynamics of changes in the provisions

contained in the General and Special parts of the criminal codes of the two countries,

in detail. It is concluded that the scale and speed of changes in the Criminal Code of

the Russian Federation, is far greater compared to the changes in the Criminal Code of

the People’s Republic of China, based on various indicators. The author gives general

recommendations to the Russian legislator as far as the consideration of scientific

developments goes.

Added: Dec 24, 2018
Article
Molodyko K. BRICS Law Journal. 2020. Vol. 7. No. 4. P. 67-84.

Currently, there is a need for reform of global monetary circulation and credit, which in a sense has stalled. The key is to restore the connection between monetary circulation and real production. In the first part of this study, I provide a brief analysis of the catastrophic consequences that the current design of reserve currencies has led to for the world economy. At the same time, the transition from the dollar to other reserve currencies operating on the same principles, the ethos of which is now being actively promoted in the West, will not improve the situation. In the second part, I demonstrate the efforts being made to de-dollarize settlements by both the BRICS, the EU, and the EAEU countries. The third part shows the successful historical experience of the transferable ruble as an international currency that functioned in 1960-1980 on non-discriminatory principles within the Council for Mutual Economic Assistance (CMEA). In the fourth part, the international currencies already functioning in the world are described, as well as some existing proposals for the introduction of new international currencies. I argue that reliable physical access to reserves in basic food and medicines in controlled warehouses is becoming a matter of great importance. The transition is necessary from the ideology of reserve currencies to the ideology of reserves of critical goods. Such an incentive of a new BRICS currency on the demand side will be food and healthcare security. On the supply side, for all states that have established a currency, there should be a clear vision of how they can develop their exports using this currency. In order to secure currency, such goods must be pledged to international BRICS warehouses that correspond to the main export directions of the project countries and/or are critical for their import. These are basic foods such as grains, then medicines, fuel and energy resources, and metals. 

Added: Nov 25, 2020
Article
Vladimir Malyaev. BRICS Law Journal. 2017. Vol. IV. No. 3. P. 62-80.

In countries with a large Muslim population who are not willing to trust their savings to traditional banks, as well as a significant number of Muslim entrepreneurs who are not using the services of traditional banks, the creation of Islamic financial institutions can improve the efficiency of the financial market and accelerate its development. Russia is one of these countries. Islamic financial products can attract both Russian companies as well as traditional companies oriented to the observance of the Quran. While Russian legislation does not provide opportunities for the application of Islamic financial products, the issues of adaptation and the possibility of realising these projects in Russia are becoming very relevant. The aim of this paper is to present the results of a study devoted to the analysis of possibilities of the application of Islamic financial products in Russia.

Added: Oct 23, 2017
Article
Antonov M. BRICS Law Journal. 2015. Vol. 2. No. 1. P. 7-14.

The present paper deals with the theoretical question of how can be warranted unity of legal system in the perspective of building up a new legal order of the BRICS. The author draws on the contemporary theories considering various aspects of explanation and construction of law as of a logically united system. Among such aspects are logical unity of legal propositions, epistemological unity of the phenomena unified under the term ‘law,’ factual unity of societal regulation, axiological unity of a hierarchy of legal values, procedural unity of legal reasoning, synergetic unison. It is asserted that the idea of unity of law is not something conceptually monolithic and allows for different readings, none of which can claim to be exhaustive. The author suggests that the BRICS does not need follow the track of systematization of the legislation of the Member States and that creating agglomerations of legal texts from different legal orders of the Member States is an issue not for politician but rather for legal scholars who can construct and reconstruct legal texts, jointing and disjointing them in the view of practical needs of amelioration of legal technique. 

Added: Sep 14, 2015
Article
Makeeva E. Y., Mikhaleva I. BRICS Law Journal. 2019. Vol. IV. No. 1. P. 41-62.

The question as to whether tax rate influences capital structure remains unresolved, though the amount of research conducted on the issue grows every year. This question is particularly important for innovative companies for two reasons. First, R&D spending and the level of innovativeness among firms are crucial indicators of a country’s overall economic performance. The second reason is that tax incentive programs today are applied by governments with increasing frequency. There is a strong lack of tax rate influence on the capital structure of innovative companies and tax incentive programs impact on the debtto- equity ratio particularly. This research is intended to help fill this gap. The question as to the influence of tax rate as well as influence of R&D taxation programs on capital structure will be studied via the econometrics approach – that is, through panel regressions. The time frame to be considered is from 2012 until 2015. Four hypotheses connected with taxation influence on capital structure in BRIC countries were investigated. These hypotheses differ according to which indicator of the structure of capital is taken as the basis of the analysis. This investigation may be useful for governments or other analysts to estimate ETR influence on capital structure choice and assist in making a decision between increasing the tax rate (and thereby collect more taxes) versus stimulating companies to take on less debt and less risks. The results highlighted in this paper show an absence of significant impact vis-à-vis the tax rate on the capital structure and also indicate an absence of a significant impact of tax incentive programs on capital structure.

Added: Feb 20, 2019
Article
Alexeevskaya E., Treskina L. BRICS Law Journal. 2018. No. 3. P. 64-85.
Added: Oct 14, 2018
Article
Muravyeva M. G. BRICS Law Journal. 2016. Vol. 3. No. 1. P. 138-143.

Reviewed book: Corder Hugh, Veronica Federico, and Romano Orrù (eds.) The Quest for Constitutionalism: South Africa Since 1994 (Ashgate Publishing, Ltd. 2014).

Added: Jul 27, 2016
Article
Mikheeva I. V., Loginovа A. BRICS Law Journal. 2017. Vol. IV. No. 1. P. 84-99.

The stages of his reforming under the influence of requirements of the World Trade Organization are considered on the basis of the analysis of the Chinese legislation. Four stages of preparation of People's Republic of China for accession to WTO within which there was a transformation of legal system of China from 1982 to 2001 are allocated. The sources of the Chinese law making are presented and systematized as a basis of the economic legislation of the People's Republic of China at a stage of preparation of inclusion of China into the WTO. Attention is drawn to the peculiarity of the Chinese state power organization, in which there is no powers’ separation into three branches: legislative, executive and judicial. It has, in turn, allowed to mark out also feature of the economic sphere legal regulation in China connected with existence of such source of law in the People's Republic of China as the rules established by the Supreme National Court.To represent the dynamics of normative-legal regulation of foreign trade activities, China has used the system of dialectical and universal methods of knowledge; general scientific methods (induction and deduction) and techniques (analysis and synthesis); as well as a special method – formally-legal.Identified vectors of changes of legal support of domestic and foreign economic processes in China suggests the possibility to consider the experience of China in the promotion of Russia into the international trading community.

Added: Apr 3, 2017