HUMAN RIGHTS
INTRODUCTION. The right to fair remuneration is one of the fundamental human rights. Legal norms on the establishment of a sufficient minimum wage are enshrined in the provisions of important international acts of the universal and regional levels. Currently, the Russian Federation bears international legal obligations under the International Covenant on Economic, Social and Cultural Rights, which secured the right of all workers to remuneration that would ensure a satisfactory existence for them and their family members (Article 7). This article examines the compliance of the minimum wage established in the Russian Federation with international labour standards.
MATERIALS AND METHODS. In preparing this article, documents and information materials were analyzed that contain the criteria used by international organizations (United Nations, International Labour Organization, Council of Europe, European Union, Organization for Economic Co-operation and Development) to assess the adequacy of the minimum wage. Special attention is paid to the group of criteria formed by the Committee of Experts on the Application of Conventions and Recommendations, related to the needs of workers and their families, through which the amount of minimum wages in the member states of the International Labour Organization is determined. Statistical data on minimum wages in the European Union and the Eurasian Economic Union are given. The acts of the national law of the Russian Federation on the establishment of the minimum wage are investigated. It also analyzes the statistical data of Rosstat on the average and median wages in our country. When writing this article, both general scientific (methods of formal logic) and special legal (formal legal, comparative legal) and other (statistical) methods of scientific knowledge were used.
RESEARCH RESULTS. An analysis of the materials used in the preparation of this article showed that international organizations and their supervisory bodies do not indicate the need for the state to comply with a certain procedure for calculating the minimum wage, but only focus on its sufficient amount, which is an acceptable percentage of the average and (or) median earnings. It is noted that over the past few years, the procedure for calculating the minimum wage in Russia has undergone several reforms (a brief description of these changes is given). The results of the study allow us to talk about the need to further increase the minimum wage in our country.
DISCUSSION AND CONCLUSIONS. In conclusion, it is noted that actions are being taken in the Russian Federation to increase the wages of workers, however, the Russian minimum wage is currently insufficient (does not comply with international labour standards). It is noted that the practical realization of the conclusions of the Committee on Economic, Social and Cultural Rights regarding Art. 7 of the International Covenant on Economic, Social and Cultural Rights, would have a positive impact on ensuring the effective exercise of the right of workers to a fair remuneration for work, which could guarantee them and their families a decent standard of living. In addition, attention is drawn to the desirability of following the recommendations of the International Labour Organization to assess the adequacy of the minimum wage established in our country, as well as the possibility of ratifying the Minimum Wage Fixing Convention (No. 131) by the Russian Federation. It emphasizes the expediency of fixing the gradual following to the establishment of the ratio of the minimum wage to the average wage in the amount of at least 50 % or returning to the use of the median wage as a criterion, setting the ratio of the minimum wage to the median wage in the amount of at least 60 % as a clear guideline state policy aimed at ensuring compliance with international obligations in the implementation of the constitutional guarantee provided for in Paragraph 5 of Art. 75 of the Constitution of the Russian Federation.
LAW OF INTERNATIONAL ORGANIZATIONS
INTRODUCTION. The Eurasian Economic Union has been in existence for more than 8 years and during this time has achieved certain successes in economic integration. However, in order to continue progressive development, constant work is required to improve the institutional structure, including the reform of Eurasian Economic Commission (hereinafter referred to as the EEC), by using the experience of the European Union (hereinafter referred to as the EU). In this article explores the Eurasian Economic Commission’s right to apply to the Court of Justice of the EAEU.
MATERIALS AND METHODS. This study uses the works of both Russian and foreign specialists in the field of European law and EAEU law, as well as analyses of the EU and EAEU legal acts. General scientific methods of knowledge - analysis, synthesis, induction and deduction - were used during the study. Special legal methods - formal-legal, technical-legal, the method of legal analogy, as well as the comparative legal method - were also used in the work.
RESEARCH RESULTS. As follows from the analysis of the law enforcement practice of the EEC, almost every year during the monitoring of the implementation of the Union law by the member states, the Commission reveals various violations of the integration legal order, most often concerning the obligations in the field of the EAEU internal market. Based on the results of monitoring, the Commission sends notifications to member states in the form of decisions, which the member states are obliged to implement, but in the future the Commission cannot influence them if they do not implement the Commission's decision. Thus, the Eurasian Economic Commission, as a regulatory body of the Union, at this stage of development of Eurasian integration does not have enough power to perform the tasks assigned to it by the Treaty on the Eurasian Economic Union and other legal acts. In this connection, it is necessary to amend the legal acts governing the activities of the EEC, in particular to give the Commission the right to appeal to the EAEU Court on cases of non-compliance by member states with the prescriptions of the law of the Union. At the same time, it is important to note that the European Commission (hereinafter – the EC) has the relevant right, which allows it to more effectively perform the tasks assigned to it by the EU constituent treaties – this, in turn, allows the EAEU to adopt the positive features of the EC functioning, thereby improving the activities of the Eurasian Economic Commission.
DISCUSSION AND CONCLUSIONS. As part of the research, the authors analyse the legal status of the EEC, its powers, the grounds for the Commission's application to the EAEU Court, the competence of the EAEU Court, as well as the prospects of the EEC's right to apply to the Court of EAEU. The authors conduct a brief comparative legal analysis of the powers of the Eurasian Economic Commission and the European Commission, as well as the competence of the European Court of Justice and the Court of EAEU. The main problem is highlighted - the lack of EEC's competence to apply to the Court of EAEU to resolve a dispute. As a result of the study, it is proposed to grant the Commission the right to apply to the Court, as well as expand the competence of the EAEU Court.
INTERNATIONAL ECONOMIC LAW
INTRODUCTION. The ISDA Master Agreement is possibly the most authoritative cross-border contractual standard in the world of financial markets. It also serves as an example for the local transactional documentation drafters in various countries to regulate the conclusion and performance of over-the-counter derivatives transactions by means of bilateral contracts. However, international master agreements for derivatives and other financial products are not limited to the templates produced by International Swaps and Derivatives Association (ISDA). Foreign Exchange Committee (FXC) suggests a remarkable alternative to the documents maintained by this powerful industry club as far as transactions with foreign currency are concerned.
MATERIALS AND METHODS. International Foreign Exchange and Currency Option Master Agreement (IFXCO) and other FXC master agreements served as primary sources of the present article. Its methodological base is represented by general scientific methods (analysis, synthesis, induction, deduction) as well as specific legal research methods. In particular, formal legal method was employed for the literal interpretation of the provisions of FXC standard documentation, historical method was invoked to describe the evolution of standard FXC templates, while comparative legal method was used to undertake a comparative analysis of insolvency laws where appropriate.
RESEARCH RESULTS. The article gives a general overview of master agreements in financial markets to put FXC documentation into a broader context of standard contracts publication in financial markets. The analysis of FXC master agreements is carried out through conclusion and performance of FX transactions as well as risk mitigation mechanisms analysis such as close-out netting and collateral. Moreover, the article covers governing law and enforceability issues as well as puts FXC documentation into Russian legal context. Although Russian court, with a high degree of probability, will recognize the choice of governing law made by the parties to the relevant master agreement published by FXC, the enforceability of collateral and close-out netting provisions amidst the bankruptcy of a Russian entity is not secured due to non-recognition of FXC documentation by the Russian authorities.
DISCUSSION AND CONCLUSIONS. Author comes to conclusion that despite FXC master agreements are not able to compete with ISDA documentation. However, they are popular with certain financial institutions active in foreign exchange markets. To facilitate the development of Russian financial market the list of recognized master agreements should be broadened by addition of documentation produced by FXC. Arguably, it is necessary to amend these provisions and make them compliant with UNIDROIT as well for the purposes of transactions with banks from the countries considered “friendly” to Russia.
INTERNATIONAL PRIVATE LAW
INTRODUCTION. The principle of jura novit arbiter or jura novit tribunus is an analogue of the doctrine of jura novit curia in international arbitration proceedings which is free from the peculiarities of national laws. The significance of its application in international arbitration lies in the powers of an arbitral tribunal to participate in ascertaining the content of the applicable law. Given the features of international arbitration, material limitations are put on the jura novit arbiter principle in order to protect the rights and interests of disputing parties. However, limitations have both positive and negative legal effects.
MATERIALS AND METHODS. The authors researched the provisions of international treaties, case law of tribunals and state courts demonstrating the scope of the arbitrator’s discretionary powers and the effects of its limitation, as well as the works of Russian and foreign scholars. The methodological basis of the research includes general scientific and special methods.
RESEARCH RESULTS. The analyses of international treaties and case law led to the elaboration of the list of the main limits of the jura novit arbiter application. The study examined the issues in the relationship between jura novit arbiter and other principles aimed at narrowing the scope of its functioning.
DISCUSSION AND CONCLUSIONS. The results of the analysis allow to draw the following conclusions. First, there are three major constraints put on the arbitrators' discretion: 1) ne ultra petita (not beyond the request), 2) due process in terms of a right to be heard and the foreseeability test, 3) expediency and efficiency of arbitral proceedings. Secondly, the limitation of the principle is a double-edged sword: on the one hand, it ensures legal certainty and predictability of an arbitral proceeding and its outcome, secures the rights and interests of the parties. On the other hand, the aforementioned limitations reveal also some downsides: there is no clear guidance on identifying conditions under which the ne ultra petita principle does not serve as a boundary of the jura novit arbiter principle; the "foreseeability" is an evaluative concept; and the imbalance between expediency and efficiency principles and jura novit arbiter may give rise to concerns about the established content of the applicable law.
HISTORY OF INTERNATIONAL LAW
INTRODUCTION: The expansion of the community of states with independence of former European colonies in Latin America was a new historical fact that contributed to the evolution of international law. On the basis of Latin American doctrinal thought and international diplomatic practice the principles enshrined today in universal international legal acts were proclaimed. International law is often viewed from a Eurocentric point of view, with such a position little attention is paid to the influence of Latin American doctrine on the development of international law at the universal level. Therefore, it seems appropriate to highlight the question - in a historical retrospective - about the contribution of Latin American states to the formation of international law and international legal consciousness.
MATERIALS AND METHODS: The materials for the study were the international legal norms of universal and regional nature, the works of national and Latin American scientists. When writing the article, general and particular scientific methods were used, namely, deduction and induction, analysis and synthesis, the historical method.
RESEARCH RESULTS: The article reveals the origins of the doctrines of international law developed by Latin American authoritative international lawyers, state and political figures in the XIX-XX centuries. These doctrines had a significant impact on the formation and development of international law not only in the Latin American region, but also in the world as a whole, influenced the development of positions of Latin American states in the international arena.
DISCUSSION AND CONCLUSIONS: The article substantiates the conclusion that it is necessary to consider modern international law, taking into account the significant contribution of Latin American states to its evolution at the universal level; reveals the interconnection of the principles in the doctrines of Latin American lawyers and state figures that were included in the system of international law at the universal level.
INTERNATIONAL CRIMINAL LAW
INTRODUCTION. Over the past two decades, the Western bloc has intensified pressure on Russian Federation through attempts to expand its area of influence as well as to interfere in the domestic affairs of Eastern Europe countries. Russia's response to what it perceives as a threat to its interests has been met with recourse to all available means, including international criminal justice. This paper proposes the identification of legal proceedings brought in the last decade before the International Criminal Court and critically examines the possibility of triggering domestic jurisdictions against Russian or Ukrainian citizens associated with Russia, in order to assess the legality of the ongoing actions and the solutions that international law presents.
MATERIALS AND METHODS. This paper first gives a brief overview of international justice cases started in the last decade against the Russian Federation and persons allegedly associated to Russian interests. It will then go on to focus the analysis exclusively on international criminal justice aspects, which are of interest because of the potential friction they may cause for international peace and security. Highlighting previous international courts decisions as well as the evolution of customary law, the fourth chapter is concerned with the activity of the International Criminal Court worldwide and the attempts made by the Western bloc to expand the jurisdiction of the Hague-based court in order to increase pressure over countries out of Western countries sphere of influence. After an inroad into the particular features and dangers of the principle of universal jurisdiction, the last two sections will explore the peaceful means to settle international disputes as well as the final thoughts on the main focus of this study.
RESEARCH RESULTS. Having in mind customary international law, the inherent nature of treaty law and decisions derived from international judicial bodies, campaigns launched against the Russian Federation before criminal courts, regardless of whether they are national courts or they have an international mandate resulting from international treaties, are more able to aggravate the tension between Russia and the Western bloc than to settle any specific dispute between these two sides.
DISCUSSION AND CONCLUSIONS. The results in this paper indicate that any unilateral attempt developed by a State or a group of States to pursue a campaign against third States and persons outside the UN environment in order to bring any of them to face justice under a specific group of States’ values and principles is deemed unlawful. Therefore, such State or group of States are only able to settle disputes through options that are less likely to increase the level of threat against international peace and security.
ISSN 2619-0893 (Online)