Preview

Journal of Law and Administration

Advanced search
Vol 18, No 2 (2022)
View or download the full issue PDF (Russian)

LAW IN THE PRESENT-DAY WORLD

3-13 334
Abstract

Introduction. The article considers issues and factors related to the inclusion of the norms of the main international acts on occupational safety and health in the structure of the fundamental international principles at work. The importance of the developed labour protection system for ensuring the safety and health of workers, protecting decent working conditions is shown. Attention is drawn to the international acts adopted during the century, that promote occupational safety and health, as well as to the trends and prospects for international legal regulation of occupational safety and health promotion. The necessity of interaction between the state and social partners in legal reform and the formation of a culture of labour protection is pointed out.

Materials and methods. The system-historical, structural and comparative analysis of safety standards, health protection and working conditions reflected in the conventions and recommendations of the International Labour Organization, in the acts of other international organizations, Russian legal sources, informational and legal practice is carried out.

Research results. The position of the principle of ensuring safety and healthy working conditions in the historically established system of fundamental principles of international labour law is shown, its main content is reflected, the fundamental international acts including its norms, the specifics of the mechanism of their implementation, the outlined prospects for further international legal assistance to the development of safety, hygiene, industrial environment and occupational safety culture are indicated.

Discussion and conclusion. The inclusion of safe and healthy working conditions in the structure of the fundamental principles of international labour law focuses on further improvement of Russian labour legislation by means of additional consolidation in the Labour Code of the Russian Federation of this principle in the basic principles of labour legislation with an indication of its main content, inclusion into the basic terms, legislatively fixed, the concept of "culture of labour protection", additions to the activities carried out by the employer, measures for information and explanatory work and conducting competitions on occupational safety and health in the workplace. It is appropriate to consolidate the normative provisions on the culture of labour protection in the regional legislation of the subjects of the Russian Federation and in the legal acts of social partnership in agreements concluded at various levels of management as well as in collective agreements.

14-21 428
Abstract

Introduction. The article discusses the controversial issues of teaching future lawyers new digital technologies used in law, shows various models of their development and application in practice, as well as the problems of improving curricula in order to intelligently combine traditional legal disciplines and new subjects in the process of teaching, designed to form students' basic knowledge and skills in the field of legal technologies, business, data analysis and security, the ability to collaborate and apply knowledge in different disciplines, etc. The author analyzes various points of view of Russian and foreign researchers on the challenges of transformation of legal education in the context of digitalization, on the modern profile of a lawyer and elements of the "roadmap" of technological innovations introduced into legal education.

Materials and methods. The methodological basis of the study was the following general scientific and special methods of cognition of legal phenomena and processes in the field of jurisprudence, digital law and the organization of education in a higher legal educational institution: the method of analysis; the method of synthesis of socio-legal phenomena; comparative legal method; formal logical method; forecasting method Research results. As a result of the analysis, it was revealed that at the state level it is necessary to develop a strategy for the development of digital technologies in legal educational institutions; to determine which disciplines future lawyers should study today, which forms and methods of mastering digital technologies should have priority in the next decade.

Discussion and conclusions. The results of the research contribute to the development of the emerging science of digital law and the organization of legal education in order to master new digital technologies used in legal activities in the educational process.

ADMINISTRATION: CHALLENGES AND PROSPECTS

22-33 429
Abstract

Introduction. Legislative regulation of foreign trade operations in the United States is the responsibility of the federal authorities. The Office of the United States Trade Representative (USTR) has primary responsibility for developing and coordinating US policy on international trade, commodities, and direct investment, and overseeing trade negotiations with other countries. The priorities of managing the activities of the Office on the part of the Democratic administration of John Biden reveal the main direction of the international economic policy of the United States at the present stage.

Materials and methods. In preparing the article, the method of structural-functional, comparative analysis, expert, statistical, formal-logical, systemic methods, and the comparative-historical approach of a comprehensive interdisciplinary study of empirical data were used, which in modern conditions allows a well-known rethinking of approaches to assessing the mechanisms of public administration of foreign trade activities of leading countries world, in particular the United States, to form a vision that meets the requirements of the time of the most optimal ways to implement this form of regulation of foreign economic policy.

Results of the research. The Joe Biden administration's approach to using the Office of the US Trade Representative to further the United States' expansionist foreign economic aspirations is indicative of a general shift in focus from opening up new markets to pursuing "worker-centric" trade policies that seek to use the tools of international trade ties to maintain dominance. US position in world politics and the global economy. The study of the current system of state regulation of foreign trade in the United States makes it possible to identify the main priorities, goals and methods of building the country's foreign economic activity in line with the international policy pursued by the democratic administration of J. Biden, aimed at maintaining the dominant role of the United States within the unipolar world, to answer the question of how effectively such a system can actually help achieve the goals of official Washington in today's radically transforming world order.

Discussion and Conclusion. The methods of state administration of trade policy by the democratic administration of J. Biden, identified in the work, using the potential of a special federal body for the development, coordination, implementation and monitoring of the entire complex of foreign economic relations of the country - the Office of the US Trade Representative - reveal the mechanism of functioning of the system of state management of the foreign economic policy of the United States in the framework of the implementation Washington's strategic goals in the international arena.

34-45 271
Abstract

Introduction. The large-scale tasks faced by the state in the process of building its democratic, legal foundations in accordance with the Constitution of the Russian Federation required the legislative establishment and development of the conceptual foundations of the public service system as a tool for implementing plans in the field of state construction and improving the effectiveness of anti-corruption measures.

The basic principles of the functioning of the civil service were defined by the Concept of Reforming the Civil Service System of the Russian Federation (2001). Among them, for the first time, the principle of ethical behavior of civil servants was included. This determined the importance and relevance of the task of public service ethicization as one of the anti-corruption factors, which should have been further developed in subsequent legal acts regulating the functioning of the public service and reflected in the implementation of the decisions taken.

Materials and methods. In order to study the degree of implementation of measures aimed at the etization of the civil service, overcoming the "lack of morality" of its personnel corps and the formation of a system of management of moral relations in the civil service, legislative acts regulating the management of the system of moral relations in the civil service, compliance with the requirements for the official behavior of civil servants of the Russian Federation and municipal employees, prevention and settlement of conflicts of interest in the state and municipal service are analyzed, professional development of civil servants. The methodological basis of the study was the universal method of cognition - dialectics, general scientific methods: analysis, synthesis, deduction and induction, comparative legal, systemic, formal logical and other methods.

Research result. The results of the study. The analysis of legal regulations regulating the moral aspects of the functioning of the civil service of the Russian Federation as a whole and the structures created in federal state bodies and state bodies of the subjects of the Federation, as well as in municipal bodies, ensuring compliance with the requirements for the official behavior of civil servants, conflict of interest settlement and prevention of corruption and other offenses, allowed us to establish that the palliative nature of measures to ensure the implementation of the provisions of legislation, in many ways, it devalues their importance, deprives them of their effectiveness and negatively affects both the level of non-decreasing corruption in the country and the degree of trust of citizens in state and municipal government.

Discussion and Conclusion. The palliative nature of solving the tasks contained in the legislation on the civil service of the Russian Federation, revealed during the analysis of a number of legal acts, still leaves unresolved the urgent tasks of implementing the mission of the civil service, moral improvement of its personnel, which negatively affects the level of trust of citizens in the authorities and the degree of effectiveness of combating corruption in public administration.

46-57 296
Abstract

Introduction. The purpose of this study is to analyze changes in the socially oriented activities of the largest Russian companies in 2019-2021 in the context of the COVID-19 pandemic in order to find an answer to the question of how the pandemic affected the implementation of ESG strategies by Russian businesses.

Materials and methods. Lukoil, Uralkali, ROSNEFT, SIBUR, Russian Railways, Aeroflot and PhosAgro were chosen as representative cases, which was due to the leadership of these companies in the Indices of the Russian Union of Industrialists and Entrepreneurs for 2020 "Responsibility and openness" and "Vector of sustainable development". Leading positions in these ratings allow us to assert a high degree of social responsibility of these representatives of large businesses, which, first of all, implies a strategy for the mutually beneficial development of companies and the environment in which they work.

Research results. Based on the non-financial reports the authors come to the conclusion that even before pandemic the Russian big companies were more focused on the social sphere, and now as a result of the new conditions this trends are significantly more vivid. On the other hand, companies from different industries show various ESG strategies that surprisingly are not correlated with financial losses from pandemic.

Discussion and conclusion. Speaking about the impact of the pandemic on the priorities of the companies, it should be noted that in resource-oriented companies, the priorities have not changed much. Rather, it is about a change in the direction of increasing the share of social goals. This trend is especially noticeable in Rosneft and Sibur. And nonoil companies have significantly reduced the total amount of funds allocated to finance the sustainable development goals. The situation in transport companies is quite different. In all the cases considered, a radical turn towards socially oriented programs is obvious.



Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)