The emergence and use of advanced technologies in today’s commerce has gradually grown into habitual practice, and the introduction of more modern weapons including UAVs to military operations is hardly a new challenge in the history of armed conflicts. The interim research results concerning attitudes to drone usage have highlighted a number of contradictions in national and international law and policies and revealed a certain inconsistency in the respondents’ attitudes partially caused by the different width of Overton windows devoted to drone expansion in the two countries, as well as by the use of the socio-cognitive tools currently changing the national attitudes and value systems as part of the national mentalities. The research has highlighted a number of contradictions that proved to be more profession-specific, age and gender-specific.

The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space makes several unique contributions to the literature. First and foremost, most of the current literature is in either economics or politics, with only a secondary focus on legal and institutional matters. Secondly, and consequently, the book is accessible and relevant to readers both ‘inside’ and ‘outside’ the boundaries of the Eurasian area: not only geographical boundaries, but also legal, geopolitical, geoeconomic, cultural, and, indeed, disciplinary boundaries. Drawing on international, transnational, and comparative legal scholarship, this rich volume offers the insights by a plethora of leading international scholars in economics, institutional theory, area studies, international relations, global political economy, political science, and sociology. The contributors come from four corners of the globe, including Asia, Europe, and North America.

This fifty-eighth volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the ICTR in the years 2013-2014. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

The book is the result of an extensive research conducted by professors of five academic institutions from Brazil, Russia, India, China and South Africa - the BRICS countries. The purpose of this work is to analyze the anti-corruption and anti-money laundering legislation in each of these countries, showing the similarities and differencies in terms of domestic legal frames and the international guidelines.

This book covers the challenges posed by digitalisation of labour markets in different countries of the world (a number of EU counties, Russia, Belarus, India, Arab countries and China). The authors address such aspects of digitalisation as: (1) the impact of new technologies in the labour market; (2) the impact of new technologies in the employees’ private life; and (3) the impact of new technologies on the labour process. 

The book contains 19 national reports and a comparative legal analysis of the legal regulations on the procedure of genome editing on the human germline. It is worked out which shared values ​​the different legal systems connect and which differences exist. On this basis, it is examined whether an international regulation of the topic is possible and how it could be designed. In addition, it will be examined to what extent the regulations of other countries can serve as a model for German legislation.

Working Title: From Corporate Social Responsibility to Corporate Social Liability

Subtitle: A Socio-Legal Study of Corporate Liability in Global Value Chains

Series: N/A 

 

The proposed ‘Overview’ is a practical tool that should simplify the use of existing standards and guidelines for designing, implementing and evaluating anti-corruption compliance programmes. The Overview considers the principles, standards and recommendations from major international organizations and bodies, including UNODC, World Bank, OECD, ICC, ISO.

Besides of standards and guidelines on anti-corruption compliance, relevant provisions from the Financial Action Task Force’s (FATF’s) anti-money laundering/countering financing of terrorism standards and guidelines on identification of third parties, beneficial owners, politically exposed persons (PEPs), risk assessment, and suspicious transactions were taken into account.

The digital economy is gradually gaining traction through a variety of recent technological developments, including the introduction of the Internet of things, artificial intelligence and markets for data. This innovative book contains contributions from leading competition law scholars who map out and investigate the anti-competitive effects that are developing in the digital economy.

The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.

The monograph will cover topics on Internet governance and human rights in international law, evolution of the national human rights law in context of the information society and development of the Internet, the right of access to information as a fundamental constitutional right in information society, E-government as a guarantee of the constitutional rights and freedoms, and international experience of Internet use in implementation of constitutional rights. Special part will consider issues of realization of specific constitutional rights and freedoms.

In this monograph, readers will understand the regulatory framework of the Internet, be able to find legal problems in the implementation of constitutional rights and freedoms on the Internet, and learn how to use online sources to justify its position on the issue under consideration.

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.

As a tribute to their academic teacher and to further his interests, the students of Prof. Dr. Laurent Waelkens collected fifteen scholarly contributions on ius commune graeco-romanum, written by academics from eleven different countries, mainly but not exclusively from Eastern Europe. The book consists of three main parts. In the first part, four authors focus on the Graeco-Roman law in the Roman Empire itself. In the second part, five contributions concern the influence of Graeco-Roman law outside of the Byzantine Empire. The six contributions of the third and final part study the impact of the Western ius commune tradition on Eastern European countries. Thus, the volume highlights the continued importance of the study of Roman law for the understanding of our common pan-European legal heritage.

The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept  - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.

This book is the result of the 5th edition of the Seminar on International and Comparative Labour Law, organized, under my direction, by Ca’ Foscari University of Venice and the International Society for Labour and Social Security Law in Venice (7-11 May 2018). The Seminar was entirely dedicated to the topic “The Role of the State and Industrial Relations” and during the Young Scholars Session organized at the conclusion of the Seminar, chaired by Prof. Stefano Bellomo, several young Phd Students and Research Fellows, which actively participated to the call for paper launched by the ISLSSL, came from all over the world to discuss about the industrial relations system and about the role of the State, adopting different perspectives: national, European and supranational.

A number of recent events in the last decade have renewed interest in Russian discourses on international law. This book evaluates and presents a contemporary analysis of Russian discourses on international law from various perspectives, including sociological, theoretical, political and philosophical. The aim is to identify how Russian interacts with international law, the reasons behind such interactions, and how such interactions compare with the general practice of international law. It also examines whether legal culture and other phenomena can justify Russia's interaction in international law. Russian Discourses on International Law explains Russia's interpretation of international law thrugh the lens of both leading western scholars and contemporary western-based Russian scholars. It will be of value to international law scholars looking for a better understanding of Russia's behaviour in international legal relations, law and society, foreign policy, and domestic application of international law. Further, those in fields such as sociology, politics, pholosophy, or general graduate students, lawyers, think tanks, government departments, and specialised Russian studies programmes will find this book helpful.

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 Working Paper focuses on possible impacts of related technologies, such as machine learning and autonomous vehicles, on international relations and society. The authors also examine the ethical and legal aspects of the use of AI technologies. The present Working Paper of the Russian International Affairs Council (RIAC) includes analytical materials prepared by experts in the field of artificial intelligence, machine learning and autonomous system, as well as by lawyers and sociologists. The materials presented here are intended to contribute to the public dialogue on issues of artificial intelligence and the possible consequences of using this technology.

This Article seeks to examine the idea of ‘protection’ which was developed in 19th century positivist legal thought in the attempt to expand the imperial interests of European nations during the colonial period. In particular, this Article unfolds how the notion of protectorate was subtly implemented by British rule with the aim to subjugate the Kingdom of Kandy in Sri Lanka in 1815. The British Empire took advantage of the internal disputes existing between the Sinhalese Kandyan aristocrats and the King (originally from South India) for imperial reasons.

Internet technology makes digital value transactions between anonymous individuals possible, but leaves unanswered the question of how to resolve disputes between unidentified parties. Blockchain dispute resolution platforms provide a response to this problem. In the social dispute resolution systems for blockchain currently in use, pseudo anonymous jurors can resolve disputes between pseudo anonymous parties. This paper presents Kleros as the most illustrative blockchain dispute resolution platform BDRP. To describe the features of the Kleros dispute resolution platform and the qualification of jurors, this research employs an online dispute resolution survey of both the jurors and stakeholders of the Kleros platform. This study raises important questions about key elements of procedural justice in resolution platforms for blockchain disputes. The research underlines the pros and cons of dispute resolution for crowdsourced blockchain and contributes to the further development of online dispute resolution systems. It tests the wisdom of the crowd as the core attribute of the resolution process in crowdsource disputes. Crowdsource mass dispute resolution, coupled with cooperative jurors and blockchain technology, could ensure greater effectiveness and fairness of the dispute resolution process, especially the adjudication of online small claims disputes.

The article provides an overview of the Islamic finance market in Russia. It accumulated data on 30+ Islamic finance institutions and products launched between 2010 and 2019, including discontinued ones. The range includes banks, non-banking microfinance institutions, mutual investment funds, housing cooperatives, investment companies and others. The article provides the author’s assessment of the market size and its dynamics between 2011 and 2019. It analyzes the range of Islamic finance products rendered by the market players, including the industry break down of certain Islamic finance companies. The article summarizes the results of the survey, conducted among the owners and managers of the Islamic finance institutions. It shows the range of opinions regarding the lack of market special regulation and elicits factors influencing the market and impeding its development. The main legal and tax hurdles for the Islamic finance market, in Russia, are analyzed. The results show that the market is still not mature and lacks internal competition. The geographical reach of Islamic financial services is limited. Despite the lack of Islamic banking law, the market size is comparable to that of Kazakhstan. The lack of market regulation is a negative side that holds back the potential newcomers and clients, and, on the contrary, the relative market freedom allows the existing companies to experiment and make use of the emerging niche segment. There is an acute necessity of a tax-friendly regime for murabaha financing and mudaraba-based investment accounts, and a level playing field concerning the mechanisms of state subsidies. Among potential solutions that could contribute to the market development is the creation of a self-regulatory organization that could establish internal standards, develop liquidity management tools and create a proper mediation of arbitrage system, as well as organize takaful funds. Based on the analysis, the author makes a forecast for further market development.

In his monograph The Burden of the Empire. The Administrative Policy of Russia in Central Asia. Second Half of the 19th Century, D. V. Vasilyev analyses imperial Russian policy in the region, focusing on the administration of the steppe provinces and Russian Turkestan between 1865 and 1891. This approach allows the author to observe the evolution of views of the central and regional authorities responsible for the administration of these regions and compare broader imperial policy. The monograph is innovative, as it provides a parallel examination of Russian policy in the steppe provinces and in Russian Turkestan, with the author analysing draft regulations in chronological order. The measures taken to adapt the administrative system in both regions are considered at specific stages of their development. Vasilyev refers to new archival materials, which should be of interest both to researchers of the imperial Russian policy in Central Asia and specialists in the administrative and legal history of the Russian state. Careful and comprehensive analysis of the sources offers the reader an informed perspective on these documents and makes it possible to trace specific aspects and changes in imperial policy.

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. 

Accession of Russia and Kazakhstan to the World Trade Organization (WTO) constitutes a landmark event in the history of this organization, especially in relation to trade in energy, in general, and trade in electricity, in particular. As a result, the role of the WTO in regulating trade in electricity has increasingly grown. However, the Treaty on the Eurasian Economic Union, a treaty that binds both Russia and Kazakhstan, necessitates additional regulation for trade in electricity, concurrent with law of the WTO. Recently, this treaty was amended by the Protocol on Common Electricity Market on 1 July 2019. As a result, compatibility issues between the rules of the WTO and the Eurasian Economic Union arise. This article concludes that the law of the WTO can be relevant to trade in electricity between Member States of the Eurasian Economic Union and third countries because of the specific place of the rules of the WTO under the Eurasian Economic Union legal order.

Nowadays the growth of courts’ caseload is usual for most jurisdictions. However, post-socialist countries have extremely high rates of caseload. Authors prove that main reason of such caseload is more ineffectiveness of legal system and court organization as well as unjustified access to justice. This article focuses on the indisputable and small cases in Russian courts. The court system is overloaded as a result of necessity to engage in non-targeted activities. Thus, the judicial system is largely idle to the detriment of its primary purpose.

The pandemic is a watershed event that has prompted both an evaluation of the achievements of information and communications technology (ICT) and also a re-evaluation of the prospects for developing social processes compatible with ICT. Much has been already been accomplished in Russia and throughout the world. But in the current pandemic, telemedicine is facing new challenges. This article discusses the state of the art in telemedicine and the prospects for its development in the changing conditions wrought by the pandemic. Examples are provided of the solutions that telemedicine can offer in such a difficult period, and the risks due to widespread use of telemedicine are analyzed. The impact of telemedicine is extensive with consequences for technology, management, and law. This article is a multidisciplinary study of telemedicine from the perspective of management and law. The article examines how telemedicine technologies have been implemented and developed, the obstacles to telemedicine’s advance in various countries, and the legislative frameworks that governs it. The article’s interdisciplinary study is based on an integrated methodology which combines: a formal logical approach to analysis of the legislation concerning telemedicine; a comparison of the development of telemedicine across several countries; and a sociological method to identify the attitude of Russian medical staff toward telemedicine and its impact. Although telemedicine has been developed and regulated separately by each country, there are general development trends, such as collection and analysis of electronic health records (EHR), devices and systems to simplify communication between doctors and with chronically ill patients, and others. Legislation is one of the significant barriers to the development of telemedicine in different countries. However, the pandemic has been a catalyst for legislative change, and it is precisely those changes that will eliminate the key problem in telemedicine that beset Russia where telemedicine now resembles separate pieces in a puzzle.

This paper evaluates current food commodity trading from the Shariah point of view, which is particularly relevant for the MENA region. It focuses on futures contracts as the main instrument for grain trading and analyzes the traders’ activities. Through a qualitative and multifaceted approach, the paper accumulates and evaluates the suggestions for 15 Shariah-based alternatives to futures by contemporary researchers. Sukuk, commodity funds and takaful programs are among potential structures that could be developed and broadly implemented. The research compares the current criticism of futures markets with the opinions of Islamic scholars and researchers, as well as Shariah standards. The paper also evaluates several recent suggestions by researchers to raise the efficiency of the international commodity trading market for the sake of food security. The results show that there is space for cooperation taking into account Islamic financial principles and conventional commodity exchange regulations, in combining existing best practices of the latter and the rulings of the former in engineering a sounder system of grain trading for the benefit of market players and the end consumers. This would require a joint effort and support from exchanges, standard-setting bodies, and regulators. Among the areas of cooperation are the approach towards corners (ihtikar), squeezes, speculation (gharar, maysir, and najash), and defining the border between reasonable and excess speculation; financial architecture using new technologies in developing a commodity trading contract conforming to the Shariah regulations and the exchange requirements. There is a need to develop the ideas for global food contracts and grain reserve systems, and to test the contracts based on existing exchanges.

This paper revisits the traditional trade-off between privacy and security, which underpins the compatibility of general and indiscriminate mass surveillance with international human rights instruments, and extends the orthodox patterns of legal argumentation using interdisciplinary knowledge, which is able to nurture, and to be translated into, the language of International Human Rights Law. In search of new resources and a second wind for the overburdened legal concept of privacy, this research combines a positivistic legal perspective with knowledge from sociologically framed surveillance studies, political theory, behavioral economics, and computer science, and deals with the threats and responses thereto from this epistemological standpoint. The first of three threats singled out in the paper—the ‘securitization’ of the danger of terrorism—is treated through embedding the effectiveness of predictive algorithms to the proportionality test. A consensus of ‘Big Brothers’ to use mass surveillance tools as the second threat is considered using constitutional theory and the bridge of the ‘democratic society’ component included in some international human rights instruments to transpose issues of fair representation to the standard of review. The third threat is the shift of social norms towards the permissibility of being watched. Resources to cope with this challenge can be found in the complementation of an individual reading of privacy as a right and a value by a collective one, which follows a primarily socio-economic trend to consider privacy as a public good.

This paper contributes to the understanding of why states resort to ‘good old’ sanctions to meet the relatively new threat of cyber intrusions and whether this type of response is a forced measure or an effective tool to halt, prevent and punish attacking states. The tools of analysis used in this paper are legal positivism, and political and economic theories, including Mancur Olson’s theory of groups, Francesco Giumelli’s analytical framework for sanction assessment, cost-benefit analysis and game theory. The authors address the effectiveness of sanctions as a reaction to cyber-enabled activities through the lens of regulation introduced in the US and the EU, which are the most developed counter-cyber sanction regimes, analyzing publicly known cases of cyber-related sanctions.

The article provides an overview of the Islamic finance market in Russia. It accumulated data on 30+ Islamic finance institutions and products launched between 2010 and 2019, including discontinued ones. The range includes banks, non-banking microfinance institutions, mutual investment funds, housing cooperatives, investment companies and others. The article provides the author’s assessment of the market size and its dynamics between 2011 and 2019. It analyzes the range of Islamic finance products rendered by the market players, including the industry break down of certain Islamic finance companies. The article summarizes the results of the survey, conducted among the owners and managers of the Islamic finance institutions. It shows the range of opinions regarding the lack of market special regulation and elicits factors influencing the market and impeding its development. The main legal and tax hurdles for the Islamic finance market, in Russia, are analyzed. The results show that the market is still not mature and lacks internal competition. The geographical reach of Islamic financial services is limited. Despite the lack of Islamic banking law, the market size is comparable to that of Kazakhstan. The lack of market regulation is a negative side that holds back the potential newcomers and clients, and, on the contrary, the relative market freedom allows the existing companies to experiment and make use of the emerging niche segment. There is an acute necessity of a tax-friendly regime for murabaha financing and mudaraba-based investment accounts, and a level playing field concerning the mechanisms of state subsidies. Among potential solutions that could contribute to the market development is the creation of a self-regulatory organization that could establish internal standards, develop liquidity management tools and create a proper mediation of arbitrage system, as well as organize takaful funds. Based on the analysis, the author makes a forecast for further market development.

This paper examines one of the most important concepts of intestate succession – inheritance by right of representation. The following analysis is based on civil law in Russia and France. The paper provides an overview of the meaning and the role of the right of representation, determines those who can inherit by right of representation under the Russian and French civil codes as well as the grounds for succession; examines the limitations on inheritance by right of representation under civil law in both states; identifies the legal nature of the rights of the representing heirs. Specific attention is paid to the issue of representation of the parent who is the commorient of the decedent. As a result of the comparative study, the author makes proposals on the improvement of the concept of inheritance by right of representation in Russia and France.

This study investigates the involvement of the Court of Justice of the European Union (CJEU) in the development of the common foreign and security policy (CFSP) after the Treaty of Lisbon. The preliminary results reveal that the competence of the CJEU in CFSP is limited because EU member states (MS) avoid extending the principle of direct effect and other acquis of the CJEU in this field. On the basis of the integration through law concept it has been demonstrated that the CJEU (in the realm of rulings as provided by the Treaties) can rule in a way that would almost certainly have an impact on how CFSP is being implemented. This paper provides a reconstruction of the case law in the field and the prospects for integration through legal development.

This article investigates issues related to a unique experiment carried out in Russia in unifying the collection of all obligatory payments. It analyzes the legal aspects of this approach and presents the variety of methods for collecting such payments. Notions of budget revenue and sources of revenue are considered. Special attention is paid to the forms and practices of tax farming and other obligatory payments. The article concludes that the budget legislation actually specifies various fiscal charges as sources of budget revenue. The real source of public revenue are the assets and resources making up the national wealth. Historical examples show that despite the generally accepted denial, tax farming is a normal method and can be applied along with the state monopoly and tax administration. The cases when tax farming is transformed into a state monopoly or excise and vice versa are not rare. Tax farming, which has continued to this day, is also referred to as parafiscal charges or quasi taxes.

This article concentrates on two recent judgments issued by the European Court of Human Rights (ECHR) Chambers, on Centrum för Rättvisa v. Sweden and Big Brother Watch and Others v. the United Kingdom, which expressly acknowledged that mass surveillance per se does not violate the Convention on the Protection of Human Rights and Fundamental Freedoms. These judgments have been recently referred to the Grand Chamber, thus giving hope that the approach taken in respect of the launch of mass interception of communications and metadata has a chance to be revisited.  The author reveals whether this approach follows from the jurisprudence of the ECHR, how plausible the argumentation of this court is and how legalization for the bulk interception of data relates to the stance taken by the ECJ, which until that time was dealing with questions of the protection of the right to respect for private life and personal data using the general paths initially paved by the ECHR. The article discloses what precise content in terms of the protection of right to respect for private life lies behind the main findings on the compatibility of bulk interception per se with the Convention on the Protection of Human Rights and Fundamental Freedoms, namely, in which part this court has refused to examine the measures undertaken by states in compliance with Article 8 and in which parts it has strengthened (or relaxed) already inferred criteria. Finally, taking into account the current position of the ECHR at this crossroads, the article dwells on causes that influenced the decisions of its Chambers.

The paper presents a comparative legal study of compliance regulation in the areas of AML/CFT and anti-corruption. The main question is whether existing expirience of AML/CFT complaince regulation can/should be considered in the anti-corruption field. The author identifies distinctive features of two different approaches to regulation and the challenges arizing from these, and then analyzes the role of international soft law, national laws and regulations, and compliance programmes of multinational companies.

In this article, we attempt to trace the semantic changes two key concepts of the Modern period - fundamental law and constitution underwent at the 18th century and investigates how these European concepts were adapted and used in the Russian political language. The concept of the constitution and fundamental laws in eighteenth-century political discourse had differing connotations: while the constitution was used mainly to describe the form of government, the concept of fundamental laws referred to historically developing legal traditions which have been adopted as norms of political law. The most radical vision of constitution in the 18th century went further than identify it with the fundamental law, demanding that the latter should enshrine the principles of civil rights and liberties of the Nation, and the legal guarantees thereof. However, this radical view, arising at the end of the century, was far from universal, and the discussion around various understandings of this concept was still to continue for many years.  

The human factor is always decisive in social development. The role of active behavior and above all economic behavior is obvious. However, there are some difficulties: the law regulates predominantly "external" behavior; psychology covers interests, motives, will, emotions.   This paper analyzes individuals’ interests and motives in economics. Coherence and contradictions of the labor interests are investigated on the basis of a survey made in several organizations. The rank of interests (economic, professional, career, group, corporate, territorial, and common civil) in the dependence of labor group type (shareholders, top managers, line managers, employees) is formed.  

The study analyses the EU Internal market from a dynamic and a contextual perspective, taking into account, not just the normative changes brought by the intense legislative and judicial activity in this area, but also the important economic and technological transformations that have largely altered the structure of the global economy in the last two to three decades. These could, in my view, challenge the first principles upon which the EU economic integration process and, in particular the “single market” idea, is based. This “updating” of the Internal market project is essential if one is to critically reflect on the role and the specificity of the EU integration process, in the context of the broader globalization movement. The first part of the paper introduces the “neo-functionalist” perspective, which has largely influenced the EU economic integration process, from its incipiency, and explores its theoretical linkages with trade theory (the law of one price), thus presenting the fundamental tenets of positive EU Internal market law. The second part delves into the subsequent mutation of the economic integration ideal towards the more modular and scalar concept of “regulatory convergence”. Opening the black box of economic integration will lead us to analyse its transformation, as a result of a paradigm shift currently occurring in the organization of the global process of economic production, with the development of global value chains, and the important role of technology, in particular the Internet, in promoting economic integration not through law, but through code. The study predicts that addressing more systematically the effect of both private and public obstacles to trade should take centre-stage if one is to opt for a more holistic and dynamic perspective in analysing the process of economic integration. A more extensive intervention of the competition law tool and other regulatory initiatives against private restrictions to trade is therefore to be expected in the future, these areas of law taking a more prevalent part in the EU Internal market law compass. The study discusses in some detail the recent legislative and jurisprudential developments with regard to geo-blocking and geo-filtering practices. The last part of the study provides some concluding thoughts on the need for the EU Internal market concept to be updated and raises some questions with regard to its ontology in the context of a globalized economy.

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The Europeanization of legal scholarship and legal education facilitates the emergence of comparative legal science as a promising new tool to discover similarities and differences between two or more jurisdictions and their past development. Yet, the specific methodology of such studies is still not clear. Some legal historians hold that comparative legal history does not or should not have its own methodology other than that of comparative law. Others warn against imposing a contemporary agenda and toolbox on legal history. The author of this article aims to clarify this debate by examining the prospect of applying one of the most popular methods of comparative law – the functional method – to the domain of legal history. On the basis of several examples from the European legal past he claims that examining the functions (the social purpose) of legal norms can help legal historians in three ways: first, to determine the objects of comparison and the sources of analysis, despite the variety of verbal shortcuts (the initial stage of research); second, to analyse legal norms from the perspective of solving social problems in the past – to study the 'law in action'; and third, to arrange the results of the research according to meaningful criteria at the final stage.

Comparative legal history is a fashionable new discipline which aims at a better understanding of the law's past by comparing similarities and differences of legal phenomena in two or more jurisdictions beyond the limits of national legal histories. Despite its popularity in Europe, it still lacks comparative projects that cover both Western and Eastern areas of the Continent, not least because the methodology of such comparison requires proper consideration and cannot be simply copied from comparative law or national legal histories. The present article evaluates the applicability of the dominant method of today's comparative law (the functional one) in the domain of the general contract law of the first codifications in the major jurisdictions of Continental Europe (Austria, France, Germany, Russia) during the 'long 19th century'. This subject matter is chosen by way of example as a 'legal cross-road' of legal concepts and models, more susceptible to changes, innovations, borrowings, and closely linked to social needs. In the main part of the article, it is argued that the adaptation of the functional method to the needs of comparison in legal history becomes plausible due to at least two factors. First, comparatists mitigated the rigid assumptions of the 'classical' functionalism of the 20th century (rejecting its privileged status and purely functional perception of law, irrebuttable presumptions of similarity and unification of compared legal systems etc.). Second, many legal historians, like the drafters of the first civil codes in Western and Eastern Europe, also believe that law is more than minimally connected to social problems and manifests itself primarily through its actual application. On the basis of such premises, the author of this article discusses potential benefits and limitations of researching general contract law in the selected jurisdictions with the functional method. At the preparatory (descriptive) stage, it can be useful to assure comparability of contract law in the selected civil codes, to identify omissions in the codified general rules on contracts, and to arrange legal provisions around practically relevant issues. At the stage of analysis, functionalism can be coupled with teleological interpretation of legal norms to enable us to understand better the link between the application of the legal rules, their legal purposes, and the practical social problems serving as tertium comparationis for all the compared jurisdictions. A sketch of such an analysis in the final part of the article allows to conclude that a research with the help of the functional method narrows our perception of law as a cultural phenomenon and breaks the inner doctrinal logic, but in return, it offers a starting point for a much needed dialogue of legal historians with a wider legal community.

The Russian Constitutional Court (RCC) has over time developed a practice of adopting so-called “positive dismissals” (Pozitivnoe Opredelenie) which complements (but also undermines) the existent formal procedure of only delivering decisions on merits with Rulings (Postanovlenie). The paper explores the uses of this peculiar practice. I show that Positive Dismissals are used by the Court to overcome the rigidity of the formal procedure where this is necessary for reasons of intraorganizational or political expediency. To do that I construct and analyze quantitatively a unique comprehensive dataset of all decisions handed down by the RCC roughly in the first two decades of its existence (1995-2015, N=22334). I show that “positive dismissals” are used whenever the case is deemed too important to be simply dismissed (for example, if it is submitted by a powerful petitioner), or when the Court cannot dismiss a case but wants to keep low profile to avoid political risks (for example, with the politically salient cases during election years).

In different countries of the world the place of religion in education differs. In most of the European countries teaching of religion in public (or state-funded) school exists in one form or another. In Russia religious education can be received by the student at his or her own discretion or at discretion of the parents in the religious educational establishment. Education in public (state and municipal) organizations engaged in educational activity has a strictly secular nature. This principle is implemented in the Russian legislation and practice is most visible in disputes arising at the crossroad of religion and education as resolved by Russian courts. The most disputed issues concern the regulation of school uniform and the teaching of subjects ‘Fundamentals of Religious cultures and secular ethics’ and ‘Fundamentals of spiritual and moral culture of Russian nations’ as a compulsory subject in public schools. The court practice on the issue keeps developing, but it's analysis shows that the secular nature of education in Russia is not so undoubted as it may seem.  

The Bayer/Monsanto merger forms part of the recent wave of mega-mergers that has transformed the structure of the factors of production segments of the global food value chain in recent decades. If it is approved, it will lead to the creation of a tight oligopoly of three multinationals that will control almost 2/3 of the global production in seeds and agro-chems, as well as the valuable Big Data and IT platforms that are crucial for “smart farming”. This high level of concentration will undoubtedly lead to price rises for seeds and pesticides, the increase of the technological and economic dependence of farmers on a few global integrated one-stop shop platforms, the reduction of independent centres of innovation activity in the industry and consequently of innovation, due to reduced competition. More importantly, this merger is about control of the global food value chains as well as of the direction of the innovative effort in this industry in the next few decades. Recent technological advances enable us to envision a future away from the agro-chem model of agricultural production, with the adoption of a production model that is respectful of the environment and biodiversity, and also providing smallholders more opportunities to increase their revenue and the independence to invest in innovative ways of farming. By ensuring that the global food value chain remains tightly controlled by three mega-corporations (and their integrated platforms), the recent merger wave in this industry will lead to entrench the market power of the dominant players for the decades to come and to freeze the innovative effort to R&D that is compatible with the business model of the incumbents.