Over the past decade, rapid integration of new computer systems and information technology takes place both in the State's and public authorities' activities, and in various social spheres. As of today, development and implementation of high technology and informatization process in various areas of social activities lead to drastic increase in the living standards of population. The healthcare sector is not an exception in this regard. Due to this, application of high technologies in medical activity including provision of medical care using telemedicine becomes particularly apparent. It is worth noting that European countries have a wealth of experience in using telemedicine, while Russia is still at the initial stage of creation and implementation of such information technologies in healthcare. Russian laws and regulations governing organization of telemedicine are still at the phase of discussion and approval. The purpose of this article is to consider problematic issues related to legal regulation of telemedicine both in foreign countries and in Russia, as well as to conclude whether solutions applied abroad to overcome legal gaps in telemedicine can be applied in Russia.
The coursebook is designed for undergraduate law students specializing in the following spheres of law: Russian law, International Law, Comparative Law, whose native language is other than English. The Level of English before starting the course is supposed to be not lower than B1-B2 according to the CEFR. The book is aimed at developing academic and professional English skills. In in other words, prospective students are supposed to learn the English language used in special contexts (academic and professional). Thus, the primary objective is not to explain the system of law (either domestic or foreign), but to teach students to critically analyze the material related to it and to communicate at the university level and inside the profession, where students need to be prepared to listen to lectures in English, read academic and legal texts, produce different types of texts (paragraph, summary, essay, case brief), do research and present its result (in oral and written form).
To achieve its objectives the book puts stress on academic, professional and communicative skills. The academic component is realized through mastering critical thinking skills, search for information skills, note-taking skills, comparing and contrasting skills. The professional component is realized through case studies, reading legal texts, genre writing. In accordance with students’ academic and research needs the book is provided with specific vocabulary for Russian legal realia and activities to practice it. Communicative skills are developed through pairwork, groupwork and teamwork activities. The illustrative examples have mostly been taken from the British National Corpus and the Corpus of Contemporary American English.
The book can be used both in class and individually. It can be suggested as an additional course book for first or second year students.
The number of conflicts in the world is increasing, as well as their intensity and fierceness. We see the trend of unfolding spiral of violence in the world and thus there is a pressing need to assess the underlying reasons of it. Challenges to a secure development of the world stem from political, economic and social issues that have long been ignored or have not been effectively dealt with by both policymakers and researchers. Likewise, both academic and policy responses to the unfolding global grievances and local ferocities are still one-sided in many cases, which causes ever more fighting and insurgence. This project aims to fill in existing lacunas in the area of understanding issues underlying the current global conflict trend, many of which have long been in the shadow of research and policy-analysis internationally. This book project sheds light on complicated and long-term issues, such as revival of authoritarianism, crucial transformation of peacekeeping concept, rising security and strategic issues of small states, as well as security challenges presented by\to new international grouping such as BRICS. An intentionally diverse scope of this project allows to bring along such issues as Islamophobia and the prospects for Christian-Muslim dialogue, the scope, essence and consequences of international sanctions to manage international disputes, as well as the issue of a failed state. The geographical scope of this project ranges from North Korea to Somalia, and from Russia to Brazil. This project aims to educate all interested in the underlying fundamental long-term reasons of current political conflicts worldwide and to provoke debate on many issues that are still considered “second priority level”, though they provide even stronger basis for the current conflict-prone situation in the world. This book project aims to satisfy the need of in-depth analysis and expertise on issues of international sanctions, revival of authoritarianism, failure of state, formation of new international organizations, changing essence of peacekeeping in conflict-prone areas and globally, new contexts for Muslim-Christian dialogue and it successes and failures, as well as lesser-known contexts of strategic choices of small states.
The authors: Francesco Giumelli, Mitchell Belfer, Hanna Shelest, Piskunova Natalia, Gracian Cimek, Yefimova Anna, Bekkin Renat, Solkin Victor, Sarah Rial, Esther Sule.
The book is devoted to problems of legislative, theoretical and judicial defining of subject of economic crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Contrary to the law's conception of trademarks, brands are used to indicate far more than source and/or quality. This volume begins the process of broadening the legal understanding of brands by explaining what brands are and how they function, how trademark and antitrust/competition law have misunderstood brands, and the implications of continuing to ignore the role brands play in business competition. This is the first book to engage with the topic from an interdisciplinary perspective, hence it will be a must-have for all those interested in the phenomenon of brands and how their function is recognized by the legal system. The book integrates both a competition and an intellectual property law dimension and explores the regulatory environment and case law in both Europe and the United States.
The fourth edition of this book has been entirely re-written, this time co-authored by Ioannis Lianos with the contribution of Paolo Siciliani. It includes substantially more material on the economics of competition law and integrates, for the first time, UK competition law materials and commentary. An additional new feature is greater introductory and analytical commentary, making this book suitable for use either as a stand-alone text and materials book, or as a book of materials to be used in conjunction with a second text. It will continue to be one of the best books for undergraduate and post-graduate students in competition law, providing them with the necessary critical understanding of the law, its social and economic context, and the necessary depth of analysis in order to provide them with the knowledge and tools they need for practising competition law. The materials have been completely updated to take into account recent developments in EU and UK competition law, including extracts from the leading cases of Cartes Bancaires, Intel, Lundbeck, Streetmap v Google, the most recent versions of the Block Exemption Regulations and the Europan Commission's and the UK Competition and Markets Authority (CMA) Guidance, recent UK and other National Competition Authorities (NCA) cases in digital markets, the recent European Commission's investigations against Google (Alphabet), recent merger cases and guidance and a detailed analysis of enforcement (including private enforcement, criminal enforcement and Alternative Dispute Resolution) and procedure in both the EU and UK competition law. The book also includes commentary on the implications of Brexit in competition law enforcement in the UK. Economic analysis is presented in a non-technical way so as to enable students without any background in economics to understand the economic content of the law and to be able to critically assess economic evidence often presented in competition law cases. The book is co-authored by an economist and constitutes the only textbook/casebook in the market with a balanced incorporation of both law and economics. Other sources of wisdom for competition law, such as economic sociology and business studies, are also referred to and analyzed. The bulk of the text is made up of analysis supplemented with extracts from Commission Decisions and decisions of NCAs (in particular the UK ones), Opinions of the Advocates General at the Court of Justice of the European Union (CJEU) and judgments of the CJEU and General Court. These are supplemented by extracts from EU legislation, and comments, notes and questions prepared by the authors for each important judgment or decision so as to enhance students' understanding of the economic and legal context of the specific case.
This On-Topic revisits the complex issues rising in the food sector and its value chain. Both the European Union and the US competition authorities have scrutinized relationships between food chain actors. The increasing market concentration raises new challenges for competition enforcement authorities dealing with the creation of new powerful actors at the distribution but also at the factor of production (input) levels. The concept of superior bargaining power has played a key role, sometimes criticised, in order to assess these relationships. The papers also discuss the critical intersection of competition law with public policy, with the aim to preserve sustainability, food safety and the stability of agricultural markets
Competition and the State analyzes the role of the state across a number of dimensions as it relates to competition law and policy across a number of dimensions. This book re-conceptualizes the interaction between competition law and government activities in light of the profound transformation of the conception of state action in recent years by looking to the challenges of privatization, new public management, and public-private partnerships. It then asks whether there is a substantive legal framework that might be put in place to address competition issues as they relate to the role of the state. Various chapters also provide case studies of national experiences. The volume also examines one of the most highly controversial policy issues within the competition and regulatory sphere—the role of competition law and policy in the financial sector.
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.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Russia provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.
Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Russia will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
quarter of a century has passed since the Constitution of the Russian Federation was adopted in 1993, yet the issue of the results and the prospects for constitutional transformation has not disappeared from the political agenda. For some, the Constitution signifies an ultimate break up with the communist past and a legal foundation for the advancement of the Russian society toward democracy and the rule of law; for the others, it is exactly the Constitution that is the culprit for the authoritarian trend that has prevailed, and for the sustained stagnation in Russia’s economic, social and political development. The author of this chapter is in the middle of these extreme viewpoints. He believes that the Constitution has truly played a pivotal role in Russia’s move toward democracy by establishing the basic principles of civil society and the rule of law, and in this respect, it remains of everlasting and paramount importance. Nevertheless, that does not mean that it should be utterly inaccessible for changes, especially given the elapsed time and the negative experience of the authoritarian transformation of the political regime, the amendments that were introduced between2008 and 2014, and the current objectives of the democratic movement. The rationale for changes is to return to the constitutional principles, reaffirm their initial democratic meaning by rejecting the excessive concentration of the Presidential power, the results of counter-reforms and the adulteration through legislative and regulatory compliance practices. Some of the proposed remedies aim to establish a new form of government (Presidential - Parliamentary), which would necessitate Constitutional amendments — adjustments that would regulate the separation of powers and redistribution of authority. Others seek to transform the system without changing the text of the Constitution through legislative reforms, judicial interpretation and the policy of law. Yet, the third approach prioritizes institutional reforms. Not everything in social development depends on the provisions of the law, political improvisation and practice can prove just as critical. In their cumulative entirety such initiatives can help avoid the two extremes: that of constitutional stagnation gravitating toward the bureaucratic asphyxiation, and that of constitutional populism which has a tendency to destabilize the political system. In its practical activities to transform the political regime, the opposition ought to remember the maximum repeatedly confirmed by experience, — the further a party is from power, the more radical tend to be its constitutional proposals. Conversely, empowered groups tend to be more moderate in their initiatives.
The book is devoted to the problems of Informational and Telecommunicational law, Copyright law, Electronic contracts.
This book is devoted to the international dispute resolution in various contexts.
Damages Claims for the Infringement of Competition Law provides a discussion of the emerging field of competition law damages and explores the important questions it raises about the use of the traditional tort law categories in an area of law that is heavily infused with economic analysis. The book combines a corrective justice perspective with an empirical and theoretical analysis of the practice of competition law damages in various jurisdictions in Europe. Rather than adopting the traditional economic analysis of law approach, the authors respect the autonomy of the fields of law and economics, while attempting to identify the areas of conflict that may emerge when economic concepts and categories are integrated in the legal system.
Die Sozialversicherung lebt auch von einer Mitwirkung der Arbeitgeber. Diese Mitwirkung hat bis heute nichts an ihrer Bedeutung verloren. In einigen westeuropäischen Ländern werden vielmehr die Arbeitgeber stärker als früher in die Pflicht genommen, etwa bei Arbeitsunfällen und der Entgeltfortzahlung. In der UdSSR besaßen die „Arbeitgeber“ von vornherein eine andere Stellung: Sie waren Teile des Staates und konnten daher jederzeit mit der Erfüllung sozialrechtlicher Aufgaben befasst werden. Ziel des Tagungsbandes ist es, zu untersuchen, wie sich die Rolle des Arbeitgebers im System der sozialen Sicherheit Russlands im Vergleich zur Situation in der UdSSR verändert hat. Welche rechtliche Verantwortung wird den Arbeitgebern heute zugeschrieben? Hängen sozialversicherungsrechtliche Ansprüche davon ab, dass der Arbeitgeber seine Pflichten nach dem Sozialversicherungsrecht und Arbeitsschutzrecht ordnungsgemäß erfüllt? Die Beantwortung dieser Fragen trägt ganz grundlegend zum Verständnis des russischen Sozialversicherungsrechts bei. Die Analyse der wesentlichen Aspekte des Themas aus russischer Sicht wird dann zusammenfassend aus deutscher Sicht eingeordnet und ergänzt.
Liberalism in Russia is one of the most complex, multifaced and, indeed, controversial phenomena in the history of political thought. Values and practices traditionally associated with Western liberalism—such as individual freedom, property rights, or the rule of law—have often emerged ambiguously in the Russian historical experience through different dimensions and combinations. Economic and political liberalism have often appeared disjointed, and liberal projects have been shaped by local circumstances, evolved in response to secular challenges and developed within often rapidly-changing institutional and international settings. This third volume of the Reset DOC “Russia Workshop” collects a selection of the Dimensions and Challenges of Russian Liberalism conference proceedings, providing a broad set of insights into the Russian liberal experience through a dialogue between past and present, and intellectual and empirical contextualization, involving historians, jurists, political scientists and theorists. The first part focuses on the Imperial period, analyzing the political philosophy and peculiarities of pre-revolutionary Russian liberalism, its relations with the rule of law (Pravovoe Gosudarstvo), and its institutionalization within the Constitutional Democratic Party (Kadets). The second part focuses on Soviet times, when liberal undercurrents emerged under the surface of the official Marxist-Leninist ideology. After Stalin’s death, the “thaw intelligentsia” of Soviet dissidents and human rights defenders represented a new liberal dimension in late Soviet history, while the reforms of Gorbachev’s “New Thinking” became a substitute for liberalism in the final decade of the USSR. The third part focuses on the “time of troubles” under the Yeltsin presidency, and assesses the impact of liberal values and ethics, the bureaucratic difficulties in adapting to change, and the paradoxes of liberal reforms during the transition to post-Soviet Russia. Despite Russian liberals having begun to draw lessons from previous failures, their project was severely challenged by the rise of Vladimir Putin. Hence, the fourth part focuses on the 2000s, when the liberal alternative in Russian politics confronted the ascendance of Putin, surviving in parts of Russian culture and in the mindset of technocrats and “system liberals”. Today, however, the Russian liberal project faces the limits of reform cycles of public administration, suffers from a lack of federalist attitude in politics and is externally challenged from an illiberal world order. All this asks us to consider: what is the likelihood of a “reboot” of Russian liberalism?
The right to do business in Russia is granted by the Constitution of the Russian Federation, which states that everyone shall have the right to freely use his or her abilities and property for entrepreneurial or any other economic activity not prohibited by the law. In the Russian Civil Code, business activity is understood as an independent activity, performed at one’s own risk, aimed at systematically deriving profit from the use of the property, the sale of commodities, the performance of work, or the rendering of services by the persons registered in this capacity in conformity with the law-established procedure.
Doing Corporate Business in Russia attempts to examine not only the theoretical aspects of Russian business procedures, but also the specific nature of their implementation. This book offers an examination of the process of establishing, functioning, and terminating various types of business corporations in the Russian Federation and gives readers a thorough understanding of business in Russia. It clarifies the legal features of management and interaction with contractors and public authorities. It also touches upon the issues of legal linguistics and its role in legal practice. Knowledge in this field enables the reader to get a sense of the correct interpretation of the content of legal documents, proper definitions of terms, and of the potential violations of the rights of business entities based on improper understanding of normative language.
The book will be useful to scientists and practicing lawyers, students, and anyone interested in the specifics of corporate business entities and the Russian business climate.
This book offers an in-depth analysis of several national case studies on family violence between the sixteenth and nineteenth centuries, using court records as their main source. It raises important questions for research on early modern Europe: the notion of absolute power; sovereignty and its applicability to familial power; the problem of violence and the possibility of its usage for conflict resolution both in public and private spaces; and the interconnection of gender and violence against women, reconsidered in the context of modern state formation as a public sphere and family building as a private sphere.
Contributors bring together detailed studies of domestic violence and spousal murder in Romania, England, and Russia, abduction and forced marriage in Poland, infanticide and violence against parents in Finland, and rape and violence against women in Germany. These case studies serve as the basis for a comparative analysis of forms, models, and patterns of violence within the family in the context of debates on political power, absolutism, and violence. They highlight changes towards unlimited violence by family patriarchs in European countries, in the context of the changing relationship between the state and its citizens. This book was originally published as a special issue of the Journal of the History of the Family.