A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
EXPERT OPINION
Problems of digital identification have become relevant due to the COVID-19 pandemic, but at the same time, digital identification is a prerequisite for the sustainable development of countries in a digital society. Law regulates the use of information technology in identification of individuals. This article analyzes the experience of solving digital identification problems, ensuring the protection of biometric personal data in the Russian Federation and the European Union. Forms of verification, digital identity authentication (identification) by means of authentication are consideredin this article as well. The European Union has adopted the eIDAS Electronic Identification Regulation, which defines the requirements and criteria for technical means of protecting information and generating electronic signatures. The study revealed that Estonia has the most developed national identification card system (ID-cards) in the world. The article considersthe problems related to the issue and proposes regulatory measures aimed at the digital identification procedure and formation of a digital profile.
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. Новейшие направления развития современного права
The General Agreement on Tariffs and Trade (GATT), an outcome of Bretton Woods Conference, was a trade pact to pursue the objective of free trade in goods. The 8th Uruguay Round of GATT negotiations launched in Punta Del Este in 1986 went well beyond trade in goods and extended to trade in areas like intellectual property, investment and services, resulting in agreements such as TRIPS, TRIMS and GATS. GATS, The General Agreement on Trade in Services, internationalized trade in services and gave a momentum to international trade in services, including healthcare services. The Agreement specifies the four modes of supply of services, one of these being consumption abroad. In this mode a consumer who needs services moves to the country offering the service as in the case of a student going overseas for higher education or a person seeking medical treatment in a foreign country. The GATS gave a boost to medical tourism in some Asian countries such as Indonesia, Malaysia, Philippines, Singapore, Thailand and India.
This Paper after distinguishing medical tourism from health/wellness tourism, traces the growth of medical tourism in Asian countries and points out the factors contributing to this growth. It then specifically highlights the reasons why India has become the preferred destination for medical tourism. What follows is a critical analysis of the opportunities and challenges posed by medical tourism for India. It concludes by opining that internationalization of healthcare services in India should not be at the cost of health injustice to the Indians, especially for those who need health justice the most!
VECTOR OF LEGAL SCIENCE. Transformation of Law: Civil, Family and Civil Procedure Perspective
Each of the 50 states of the United States has its own legislation governing marriage and notarization. While, at times, this situation leads to lack of uniformity and to confusion, it has the advantage that individual states may move ahead with experiments in transformation of the law to adapt to new conditions. This talk will discuss two such experiments in two different US states: (1) that of Utah County in the State of Utah in allowing remote online marriage and (2) that of the state of Virginia in allowing remote online notarization. The Utah experiment was designed to deal with the coronavirus-based difficulties of having the participants in a marriage ceremony present in the same location. The Virginia experiment, in contrast begin in 2012, and reflects the ongoing competition between stages to offer a favorable milieu for commercial and other transactions.
Every phenomenon or custom has a societal history attached to it, how it develops, how it becomes suitable to people in universal and why it continues even now. There are various traditions and customs, which thwart people from realizing that bride trafficking, is a crime. History speaks about various instances of traditions and customs which are similar to the crime of bride trafficking but because they are time immoral they have got certain level of acceptance by different societies. The custom, traditions and usages bring acceptability to any practice even per se the practice is illegal and same we can find in case of Bride price tradition.
The COVID-19 pandemic that has spread the whole world and the restrictive measures taken to combat it have had an unprecedented impact on all aspects of modern society, including cross-border family relations, and, in particular, situations of international child abduction.
One of the most difficult question is the possibility of justifying the refusal to return a child taken to the territory of another country by one parent without the consent of the other, referring to the existence of a grave risk to his life and health (In the context of subparagraph “b”, paragraph 1 of Article 13 of the Hague Convention on the Civil Aspects of International Child Abduction) — the treat of his infliction with a new coronavirus COVID-19 pandemic in the process of his return to the country of habitual residence or a complex epidemiological situation in this country.
In this regard, the author tries to answer this question, taking into account the official interpretation of the provisions of the Convention, as well as judicial acts issued by courts of various states. Based on the analysis, the author comes to the conclusion that it is impossible to justify the refusal to return the child by referring to the COVID-19 pandemic.
The success gained worldwide by Alternative Dispute Resolution methods prompts a number of reflections on their pros and cons. Certainly, ADR schemes have the positive effect of reducing the caseload weighing down on courts, but, at the same time, they can undermine the role played by public justice, a role that is pivotal within the organization of legal systems abiding by the rule of law. This essay covers the consequences of the growing development of ADR for the effectiveness of our public system of civil and commercial justice and conveys the concerns of its author for the increasing privatization of dispute resolution and for the future of public justice. The main question of this work is the following: is the present enthusiasm for ADR schemes advancing the cause of civil justice or, to the contrary, it is a phenomenon that, in the long run, could undermine the role of jurisdiction?
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. Зарубежный опыт правового регулирования экономической деятельности
Morality is incorporated into contract law under the influence of the common law and clauses containing commitments and obligations of an ethical nature are now part of the requirements in the drafting of commercial contracts. That raises questions about the strength of ethical rules in contracts. The incorporation of these rules into French contractual practice has followed a historical evolution, certainly rapid but nevertheless not devoid of questions and difficulties, particularly of a cultural nature. The scope of these clauses and their effectiveness in the business world also deserve to be qualified.
European Union law has largely harmonized the legislation of the Member States on public procurement. At the same time, the provisions of the EU law on liability to procurement participants are less detailed and specific than other provisions of EU procurement law. Some clarifications can be found in the Court of justice’s jurisprudence. EU case law establishes legal tests to assess the possibility of finding the member state accountable for violation of the provisions of Union legal acts, including for violation of procurement legislation, and also formulates a number of general requirements for national legislation in terms of recovery of losses caused by violation of the rights of procurement participants. In particular, it is not allowed to make the possibility of recovering losses dependent on the presence of fault in the actions of the customer, the need to vest the contractor the right to seek compensation not only for actual loss but also for loss of profit plus interest, etc. However, the scope of EU procurement law is limited only to issues of establishing grounds of liability, but does not cover the procedural aspects applicable to claims and actions filed by economic operators, which are subject to national legal norms.
VECTOR OF LEGAL SCIENCE. Sciences of the criminal cycle
The issue of the use of intelligence (or also operational-search) information in criminal proceedings is currently relatively little researched and developed. We think that this is also because intelligence and operational search are associated with secrecy and a certain aura of “mystery” for the general public and, to some extent, for the majority of the professional legal community. The role of the intelligence services in the times of socialist Czechoslovakia also plays a role, and a significant one.
Addressing current security challenges associated with manifestations of international terrorism, extremism and organized crime requires the acceptance of new, even non-traditional, approaches by law enforcement agencies. In this paper, we present our opinion regarding the extent of the possible use of intelligence (or operational search) information in criminal proceedings.
The article provides an analysis of the norms on legal aid and advocacy in relation with criminal procedure regulation. The positive aspects of clarifying the legal status of a witness who has the right to defense, expanding the powers of a lawyer in criminal proceedings, including the possibility of conducting an independent interview, as well as the right of the defense party to get acquainted with a large volume of documents, are noted. Revealed significant contradictions. inconsistency of the norms of law with some principles of the criminal procedure, as well as conflicts of certain prescriptions. The research results are as follows. It is required to eliminate the excessive semantic load of some norms regarding the witness who has the right to defense. Excessive detailing limits the range of implementation of the lawyer’s powers The results of the survey play the role of a preliminary conversation due to the unclear procedural nature of the survey as a means of proof, the unstable evidentiary value of the means of fixation. This makes it possible to equate the results of a survey conducted by a lawyer, drawn up in the form of a survey report, to other documents.
We consider it possible for a lawyer to interview a clergyman and attach its results to a criminal case, because the respondent has a different procedural status — a person who presumably possesses information related to a criminal case, but not a witness. Also, this action is not an interrogation in its full sense.
The rights of the accused are significantly infringed if he is absolutely deprived of the opportunity to familiarize himself with the list of witnesses for the prosecution, together with the indictment, before the start of the trial. The provisions of the law do not exclude such a situation, but, with a high degree of probability, allow it.
VECTOR OF LEGAL SCIENCE. Legal development of the modern world: main directions and problems
The paper presents an overview of the conventional, constitutional and legislative context in which class actions are working in three Latin American countries: Argentina, Chile and Brazil. First of all, the article will consider the conventional level of class actions regulation within the framework of the Inter-American human rights system. The introduction of class actions in the constitutions will be analyzed subsequently. The article also will deal with legislation amendments necessary to ensure the protection of thee rights in the context of class actions and the most relevant latest developments in the field, identifying recent procedural reforms and drafts on the matter.
REVIEWS
The article is a review of the monograph “Actual problems of Law and Economics from the perspective of interdisciplinary scientific research as a form of international cooperation”, which was prepared for the IV International Legal Forum “Modern Problems of Law and Economics in Europe and Asia” on September 11—16, 2021, which was held at the Kutafin Moscow State Law University. The monograph is a comprehensive scientific work reflecting modern and current trends in the development of law and economics. Scientists from Europe and Asia took part in the work, the relevance of the scientific monograph is its interdisciplinary nature and the depth of comparative legal analysis. The book can be recommended to teachers, graduate students and law students, diplomatic workers and researchers, practicing lawyers and civil servants.
The review concerns the monograph «Chinese State Owned Enterprises and EU Merger Control», which analyzes the features of mergers and acquisitions in the European Union, with the participation of state-owned enterprises from the PRC. Main attention is paid to how the author of this monograph analyzes the influence of the Communist Party of China and the State-owned Assets Supervision and Administration Commission of the State Council on the corporate governance of Chinese state-owned companies.
The article is a review of the monographic study “Law in the context of global climate change”, prepared by the author’s team under the scientific editorship of Professor V. V. Blazheev and Professor M. A. Egorova. In which the problems of legal regulation of environmental safety and environmental protection, the development of law and economics, constitutional and legal regulation of the protection of human and civil rights and freedoms, international legal regulation of climate change, risks and threats to public safety, the introduction of digital technologies and global climate policy and energy are considered.
CLOSING REMARKS BY THE EXECUTIVE EDITOR OF THE ISSUE
INTERNATIONAL COOPERATION OFFICE BOOKSHELF 2021
DIGEST OF THE FACULTY ACTIVITIES
POST SCRIPTUM
ISSN 2782-6163 (Online)