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Legal Studies
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Publications of Eseva Elena Yur'evna
Politics and Society, 2016-5
Eseva E.Y. - Labor rights of foreign citizens in Russia

DOI:
10.7256/2454-0684.2016.5.12886

Abstract:  This article reviews the changes introduced into the Federal Law No. 92-FZ dated 05.07.2013 “On Road Traffic Safety” pertaining to the ban the ban on driving vehicles using foreign national or international driver’s licenses the ban on driving vehicles using foreign national or international driver’s licenses the ban on driving vehicles using foreign national or international driver’s licenseson driving vehicles using foreign national or international driver’s licenses when conducting professional activities. The author’s goals is to research whether these amendments are legal and do not violate the labor rights of human and citizen, specifically drivers, who have a foreign national or an international driver’s license issued by a foreign state. The author analyzes the legitimacy of introducing such amendments into the Federal Law “On Road Traffic Safety”, as well as examines the norms of the Russian legislation:  Constitution and Federal Laws, as well as correspondence of the amendments with the international law. The scientific novelty consists in the fact that the law was passed, but practically no one has conducted research on this topic. The author concludes that the changes to the Federal Law “On Road Traffic Safety” contradict the Constitution of the Russian Federation, and particularly the principle of supremacy of international law; it also does not correspond with the Vienna Convention on Road Traffic, thus the international law itself.  
Law and Politics, 2016-5
Eseva E.Y., Andriyanov V.N. - The rights of employers and employees. Collisions in the principle of equality

DOI:
10.7256/2454-0706.2016.5.14471

Abstract: This article examines the issue of the lack of rights of employers in the area of labor within the constitutional law of the Russian Federation. The Russian Constitution contains only the positions on the labor rights of the citizens as employees. But in the case where that same citizen ends up in the position where they employ someone, they find themselves in the vacuum of the constitutional law. Their rights as an employer are no longer guaranteed by the Constitution of the Russian Federation. Within the context of the principle of equality, which is the foundation of the Russian legal field, this position of employers seems unjust and discriminatory. The authors analyze the current legislation, including the norms of the Labor Code of the Russian Federation, as well as the norms of the Administrative Code of the Russian Federation. There is also a discussion on whether or not the employers need constitutional rights in the area of labor. The authors come to a conclusion that in order to realize the principle of equality proclaimed in Russia, it is necessary to include the positions on the rights for employers in the area of labor into the Constitution of the Russian Federation.
Administrative and municipal law, 2015-3
Eseva E.Y. - The Federal Law "On Road Traffic Safety" (version of 07.05.2013) in the context of the principle of international law supremacy

DOI:
10.7256/2454-0595.2015.3.13038

Abstract: The main issue of the article is the conformity of Russian legislation regulations with international law in the context of the basic principle of international law supremacy. The author considers the example of the new version of the Federal Law On Road Traffic Safety correspondence with Geneva Convention On Road Traffic, particularly, the provision not allowing the use of national driving license of other countries and international driving lisense ussued by other states in cases of commercial traffic. The author uses the comparative-legal method, the methods of comparison, description, the axiomatic method, analysis and synthesis. The importance of the research lies in its novelty, as it's the first scientific reseacrh on this problem since the adoption of amendments to the Federal Law On Road Traffic Safety. The article touches upon not only this particular law, but Russian national legislation in general in its correspondence with international law. 
Legal Studies, 2015-1
Eseva E.Y. - Russia and international law: collisions and perspectives pp. 16-21

DOI:
10.7256/2409-7136.2015.1.13810

Abstract: The article is devoted to consideration of the Russian legislation in the sphere of employment law of foreign nationals. The research is carried out on the example of a foreign national who has an international driving license issued by a foreign state and a profession of a driver, and tries to get a job of a driver in the Russian Federation. The article analyzes the existing regulations of the Russian labor and administrative law in this sphere in the context of their correlation with the regulations of international law, which had been ratified by the Russian Federation. The author uses the general scientific methods of cognition, such as the comparative method, the historical method, analysis and synthesis. The author reveals discrepancy between the regulations of the Russian law and the regulations of international law. In the conclusion the author offers two ways of solution of this problem: either bringing of the Russian legislation to conformity with the international one, or the Vienna Convention “On Road Traffic” denunciation. 
Law and Politics, 2014-3
Eseva E.Y. -

DOI:
10.7256/2454-0706.2014.3.5635

Abstract:
Law and Politics, 2013-13
Eseva E.Y. -

DOI:
10.7256/2454-0706.2013.13.8006

Abstract:
Law and Politics, 2012-4
Eseva E.Y. -
Abstract:
Legal Studies, 2012-2
Eseva E.Y. - Guarantees of impartiality of the Russian court. pp. 49-61
Abstract: The  article is devoted to the problem of implementation of the right of parties to challenge to remove the trial judge in a civil judicial proceedings. The modern Russian legislation in the sphere of implementation of the rights of citizens to judicial protection of their rights and freedoms, and the right to a fair and impartial trial was analyzed by the author. The institution of disqualification of a judge considered from the perspective of a functional vector, not as a formal standard, but rather as legal means for the proper and timely consideration and resolution of civil cases. The author is discussing irrationality and inefficiency of the institution in the modern civil procedure, and the need to amend legislation on the basis of universally recognized principles of international law.
Legal Studies, 2012-1
Eseva E.Y. - On the issue of separation of powers. pp. 21-34
Abstract: This article is devoted to the problem of implementiation of the principle of separation of powers in Russia at the present stage of development. The author analyzes the current Russian legislation regulating the position of the judiciary and judges. The practical functioning of the judicial system was considered, and the author  identified gaps in the legal field on this issue. The point is that today the judiciary is clearly not managing its primary function - containment and restriction of the legislative and executive authorities, the implementation of legal control over their activities, and there is a need to change the legislation of Russia on the basis of universally recognized principles of international law.
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