International Law - rubric International law and national law

Abstract: Article researches the situation, connected with providing the access to justice for indigenous peoples that have the historic native land in the Crimea. Politic and legal processes that let this problem to become actual in conditions of interstate conflict are watched at. Legal and organizational mechanisms of realizing the individual and collective rights of indigenous peoples in Crimea are determined at. The positions of interested states are compared at, grounds of international organizations’ and global structures’ approaches are lighted in. Components of right of indigenous peoples on justice are detailed; their realization for indigenous peoples of Crimea becomes too actual now. Author uses the formal legal, comparative and hermeneutic approaches for analysis the normative basis in a complex; political science, sociologic and statistic methods are used also. Problem of access for indigenous peoples to justice in conditions of the interstate conflict in researched in a world practice in first time. Author develops the propositions addressed to UN connecting to the providing of the right of indigenous peoples to justice in the Crimea. He proved the duty of the international monitoring of those processes. Role of the UN Declaration on the Rights of Indigenous Peoples is determined; the duty for both states to implement it for providing access to justice in Crimea is proved at. Materials of article were used by author in his report to the UN Expert Mechanisms on the Rights of Indigenous Peoples on its 7th session, 2014.

DOI: 10.7256/2306-9899.2016.4.18002

Abstract: The subject of this research is the principles of the function of Russian national law and foreign countries, as well as the issues that emerge in resolution of collision of jurisdictions of two states with various legal systems. The global Internet is viewed as the peculiar field of function of the legal norms, which introduces its specificity intro the problem of demarcation of the criminal justice of several countries. Due to this fact, this article analyzes various approaches towards the determination of the limits of action of the criminal jurisdiction of Russia in the global Internet. For solution of the set tasks, the author used the comparative-legal method, initially applying the grouping based on the affiliation to various legal systems of the world, as well as the method of analogy for transferring the effective methods of legal regulation from the private international law into the public (criminal) law. The main conclusion of this research consists in the concept of combination of principles on demarcation of the criminal jurisdiction of several state, which is based on separate principles of the function of the private international law, used for resolution of the commercial disputes in the Internet. The author is first to test practically all of the known principles of the private law applicable to fraud, committed through Internet, which allowed efficiently solving the task at hand.

DOI: 10.25136/2644-5514.2019.2.29545

Abstract: This research is dedicated to the specificities of territorial application of criminal jurisdiction. The author reveals the concepts of territoriality, extraterritoriality, and extraterritoriality of jurisdiction; demonstrates whether the various types of criminal jurisdiction (prescriptive criminal substantive or procedural jurisdiction, law enforcement criminal jurisdiction) can be applied territorially, extraterritorially, or distributed extraterritorially. The article demonstrated the details of particular manifestations of territorial application of criminal jurisdiction: national criminal and criminal procedural law abroad; proceedings via realization of the forms of international cooperation in the field of criminal justice. In the course of this study, the author determines that the territorial application of prescriptive criminal substantive jurisdiction is full, while the extraterritorial is impossible due to the concept of protection of sovereign interest. The extraterritorial distribution of law enforcement criminal jurisdiction as the process of delegation of competence is realized primarily via legal aid in criminal cases. The application of prescriptive criminal procedural jurisdiction of the requesting country is extraterritorial; moreover, it is cumulative with the territorial application of jurisdiction of the requesting country in its priority, and formally dissolutive within the framework of application of the latter.

DOI: 10.25136/2644-5514.2020.2.32458

Abstract: From the perspective of doctrines, legislation (such as civil codes), judicial and other practices, this article examines the rights and obligations of the broker and client in a nrokerage contracts in the countries of the Eurasian Economic Union. The author particularly explores certain obligations of the broker that invoke ambiguous interpretation: obligations of the broker on carrying out client’s assignment; on prevention of the conflict of interests in fulfilment of his professional activity in the stock market; on accounting of client’s funds on a special brokerage account, etc. The scientific novelty consists in comprehensive analysis of the selected circle of questions based on the material of EAEU member-states. The research results consists in determination of the theoretical and practical problems in execution of rights and obligations of the broker and his client on the stock market; formulation of recommendations on the improvement of legal regulation and harmonization of legislation of EAEU member-states in this regard.

DOI: 10.25136/2644-5514.2020.4.34370

Abstract: The development of cryptocurrency markets make the investors to seek for most convenient jurisdictions from the perspective of legal regulation. The countries commonly associated with the developed financial legal systems are often fasten attention. One of such financial hubs is Switzerland, which just starts to form the approaches towards creation of legal regime for operations with virtual assets. The subject of this research is the Swiss legal acts in area of securities, licensing, taxes related to regulation of cryptocurrency, as well as reports of the supervisory authorities for Swiss financial market on the matter. The object of this research is the legal framework for regulation of mining activity. The authors examine the rules dedicated ti the questions of licensing of the activity related to operations with different types of tokens. Special attention is given to the question of taxation of the income received from operations with cryptocurrencies. The author’s special contribution consists in comprehensive analysis of foreign sources presented on the three European languages. Having analyzed the legislation of Switzerland, the conclusion is made that similar to many developed countries, Switzerland has not created a complex regulation of operations with cryptocurrencies. At the same time, the normative acts that regulate certain aspects of circulation of crypto assets, such as fund raising in terms of tokens distribution and taxation have been adopted. Regulation of crypto assets often depends on the qualification of different types of tokens, in other words, their regime is consigned to the operations with such assets that are most similar to the corresponding type. The increase of operations with crypto assets will soon inevitably result in creation of a more accurate legal regime

DOI: 10.25136/2644-5514.2021.1.34903

Abstract: The subject of this article is the theoretical and practical aspects of application of the experience of other countries of the modern world (from the perspective of the concept) in the process of raising the effectiveness of social welfare system of the Russian Federation as a whole, and the system of training social workers in particular. Since the late XX century, key difference of the current stage of global development, and namely of international law is the gradual shift of legal norms and political practice away from the traditional concepts of economic, social and humanistic policy, which for a long time formed the fundamental discourses of the domestic and international social life. The author states the fact on the need accelerate inclusion of the Russian Federation into the global social cont1ext on both, theoretical and practical levels. Reception of the norms of international law, especially of humanistic nature, historically contributed to the improvement of legal systems of the so-called counties of “catch-up development”; in a certain way, the Russian Federation can also be attributed to this group. On the one hand, Russia has a rich tradition of creating the norms of perfect social legislation (including a fairly effective system of training social workers), whole on the other hand, in recent years we can observe the processes of “erosion” of social rights of the citizens.

DOI: 10.25136/2644-5514.2021.3.35859

Abstract: This article is dedicated to the analysis of legal framework of Azerbaijan – EU relations in the energy sector. The relevance of this topic in recent months is substantiated by change in geopolitical realities of the South Caucasus Region, and discussions on unblocking economic and transport communications that intensified after the Second Nagorno-Karabakh Conflict. The region is an interlink between Asia and Europe; and Azerbaijan, being an exporter of oil and natural gas, is an important energy partner of the European Union. The flip of political situation in the region in the nearest future would change not only the energy relations between the countries of the region, but also EU and EAEU members-states. The subject of this research is the bilateral agreements, memoranda and joint declarations adopted by the parties in 30 years since reestablishment of the independence of Azerbaijan. Special attention is given to the vectors of cooperation of the parties both pertaining to extraction and transit of energy resources from South Caucasus and Central Asia. The author employs general dialectical, logical, historical, descriptive, formal-legal approach methods of research methods to determine the key trends and characteristics of the legal framework of Azerbaijan – EU relations in the energy sector. The scientific novelty of lies in the analysis of normative legal framework of cooperation in the energy sector beyond the context of general political and economic relations, as well as in outlining the peculiarities of legal framework of such cooperation. The conclusion is made that the cooperation between the two parties in the energy sector leans on the framework rather than binding legal agreement, which allows both parties to develop relations in the energy sector as mutually beneficial projects based on the market principles.

DOI: 10.25136/2644-5514.2022.4.38713

Abstract: The article is devoted to the relevance of improving the legal foundations of conservation and the need to popularize World Natural Heritage sites. The key problems of legislative regulation of their protection are analyzed in a comparative context with the legal model of protection of cultural heritage objects. Based on an analytical study of legislation on environmental protection and cultural heritage objects, conclusions are drawn about the impossibility of classifying Lake Baikal and its tributaries as specially protected water bodies and especially valuable cultural heritage objects. This puts the unique ecological value of the lake included in the World Natural Heritage list in an unequal position with other, including less valuable introductory objects located in specially protected natural areas. The described situation in the field of protection of Lake Baikal is typical for the vast majority of all natural objects included in the World Natural Heritage List. The absence of a separate legal regulation of this sphere indicates the insufficiency of a purposeful domestic policy regarding the preservation of World Natural Heritage sites. The author substantiates the need for an in-depth analysis of legal models that contribute to strengthening the protection of these objects in order to create a special legal regulation of their protection activities. In addition, the author notes the importance of conducting further research on the issues discussed in this article, and also expresses the opinion that it is necessary to continue the study.

DOI: 10.25136/2644-5514.2023.4.44106

Abstract: The article undertakes a political and legal analysis of the complications in the scientific and technical cooperation of Russia with Germany and Great Britain. Particular attention is paid to the identification of the subjects of the introduction of anti-Russian sanctions regimes, as well as the substantive characteristics of the varieties of unilateral restrictive measures in the field of scientific cooperation. The authors dwell in detail on the disclosure of the correlation of legal and asiological aspects of the introduction of sanctions restrictions. It was important to compare the sanctions regimes of Germany and Great Britain in terms of the dynamics, subject composition and content of unilateral restrictive measures. The study proves that the invasion of foreign policy interests by Germany and Great Britain into bilateral international scientific cooperation means the decline of the former era of scientific diplomacy. The main conclusion of the work is the provision that the suspension of cooperation with Russia in the scientific field does not result from violations by our country of its legal obligations in the field of bilateral international scientific cooperation. The gap in cooperation at the institutional level is supplemented by the assumption of informal scientific communication. But overly politicized demands for the continuation of this cooperation violate the right to freedom of scientific research. The novelty of the study lies in the fact that for the first time in the framework of the subject area of research of scientific sanctions in a comparative way and in the context of modern theoretical developments, the content of the anti-Russian sanctions regimes of Germany and Great Britain, which are among Russia's main partners in the field of international scientific and technical cooperation, was revealed.

DOI: 10.7256/2306-9899.2015.1.13596

Abstract: This work reviews the process of implementation of the norms of the “Framework Agreement on Telework” and the forming of national labor legislation of Belgium in the field of legal regulation of Internet-based work. Despite the rapidly growing interest towards the new forms and types of work including those that are based on the Internet technologies, the progress of the labor legislation, specifically the norms of labor law in the area of regulation of the Internet-based work in Belgium, is very insignificant at this stage and requires a lot more attention from the researches. This work defines the particular aspects and current stage of implementation of the “Framework Agreement on Telework” into the national labor law of Belgium in comparison to the other countries of the European Union. It underlines the substantial role played by the Supranational Law in the forming of Belgian legislation in the area of regulation of the Internet-based work.

DOI: 10.7256/2306-9899.2016.4.18682

Abstract: The author examines the causes of inefficiency of the national mechanisms of protection of human rights, particularly regarding the struggle against violence towards women. The article gives characteristic to the change in the concept of women’s rights over the last two centuries within the legal science and legislation of Russia. Special attention is given to Russia’s obligations in this area, namely pertaining to taking steps towards changes in social and cultural models of men and women behavior in order to achieve elimination of prejudices and abolition of customs and other practices, which are based on the idea of inadequacy and supremacy of one of the genders or stereotypes about their roles. The low level of legal culture in Russia along with the insufficient secularization of legal relations is one of the reasons of inadequacy of protection of human rights. The existing, institutionally formed mechanisms of protection of human rights are inactive due to the absence of will of authorized officials, through which the legal consciousness is being expressed. As a result, even the ratified by the Russian Federation international agreements are unobservant due to the human factor, because the law enforcement agencies place the subjectively perceived by them traditions, religious or cultural norms over the norms of law sanctioned by the state. Russia’s trend not to comply with the formulated by international community standards in the area of human rights due the cultural traditions testifies to the potential possibility of the country to never reach the proclaimed in the Main Law high ideals – become a true democratic and legal state.

DOI: 10.25136/2644-5514.2020.4.34727

Abstract: This article reflects certain results of the research conducted within the framework of implementation of the scientific project No.0-011-00168, supported by the Russian Foundation for Basic Research, dedicated to comprehensive analysis of the international legal regimes for the protection of Lake Baikal. Emphasis is placed on the protection regime of the world heritage, realized on the basis of the cognominal convention. Recognition of the role played by the mechanisms for protection of the World Heritage in conservation of the unique ecosystem of Lake Baikal, the authors note that within the framework of Convention concerning the Protection of the World Cultural and Natural Heritage there are promising mechanisms that are currently did not receive due reflection with regards to protection of the lake. Such instruments include the list of world heritage sites that are under a threat; development of the plan for maintaining the world heritage site; strategic environmental assessment of planned activity that may negatively impact the site. The conclusion is made on the need for implementation of the following international legal mechanisms with regards to protection of Lake Baikal: inclusion of Lake Baikal into the list of world heritage sites that are under the threat, upon the initiative of the Russian Federation in case of construction of hydroengineering structures by Mongolia on the Selenga River without taking into account the priorities for preservation of the lake ecosystem; elaboration of the plan for protection of Lake Baikal as the world heritage site. The author also underlines the need to develop the plan that would become the means for harmonization of various legal regimes that ensure protection of the Lake Baikal. Attention given to the approaches towards assessing the impact upon the environment existing within the system of protection of world heritage. It is suggested to consider the recommendations of the International Union for Conservation of Nature and Natural Resources to conduct such assessment on World Heritage sites.

DOI: 10.25136/2644-5514.2020.3.33527

Abstract: This article examines the image of the Arctic Region as a large geopolitical actor with clear division of the zone of political influence of modern countries. The article reviews the negative aspects of lobbying for the interests of separate countries, which impact situation in the region, as well as negative consequences substantiated by the absence of standardized international legislative regulation of security regime and presence of external actors in the region. Within the framework of this study, the authors carried out a legal and economic analysis of the current geopolitical situation, as well as existing aspects of normative regulation of this branch in the region, as well as concluded on the possibility of joint development of the bottom of the Arctic shelf and realization of projects in the sphere of natural resource management of the Arctic Region. The scientific novelty consists in a brief, but in-depth substantiation of typical characteristics of the current system of international relations, as well as in the complex analysis of significance of the Arctic region on the agenda of world politics, and determination of “Arctic policy” as a separate vector in strategy of the leading countries of the world. The authors consider legal characteristics and existing approaches towards determination of legal status of the Arctic territories, which vary in different political-legal traditions. United Nations Convention on the Law of the Sea of 1982 is the framework document that serves as the basis of national justification of claims in the Arctic Region. The main conclusion consists in the description of the existing conflict of laws, which can be overcome successfully only in terms of mutual, joint, fruitful cooperation of the key political actors that are involved or have political aspirations in the Arctic Region.

DOI: 10.7256/2306-9899.2016.2.18860

Abstract: The subject of this research is the questions of jurisdiction of disputes to the judicial authorities of the Russian Federation. The main goal of this work is the examination of jurisdictional elements of the judicial branch. One of the factors of approaching jurisdiction of one or another court is the presence of circumstances conducing fairness of judgment. The choice of jurisdiction is substantiated by recognition of the authority of the resolution court by the participants of the process. It is also affected by the definition of criteria, which allow comparing the subject of the dispute with the questions attributed to the jurisdiction of national authorities, as well as the conditions for its resolution of international institutions. A subsidiary role of the intergovernmental authorities on the protection of human rights It is generally recognized. Codification of such role within the international law allowed demarcating the competency of the national and international judicial institutions. At the same time, it was followed by various interpretation of this role, as well as by the excessive interference into the domestic affairs of the sovereign states. The results of this research allow the author to substantiate a thesis on correspondence of the authority of the branches of judicial power of the Russian Federation on questions pertaining to state political system with the principles and norms of international law.

DOI: 10.25136/2644-5514.2019.2.29646

Abstract: The unlawful relocation of a child to another country does not always entails his return to the country of ordinary residence. One of the reasons of refusal to return is “child’s adjustment to the new environment”; however, neither the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, nor Russian legislation reveals this term. There is no unanimity of vies in the judicial and doctrinal interpretation. Therefore, the problems emerge in application of the aforementioned Convention. Based on the analysis of regulations of the European Court on Human Rights, as well as case law of Italy, Russia and other countries, the author makes an attempt to determine the qualifying features of the concept of “child’s adjustment to the new environment”. The article substantiates the need for its new practical interpretation, including the characteristics of the outside actor of “new environment” (society) and the analysis of inner component (the family, in which a child lives prior to relocation). The conclusion is made on the necessity to adopt an additional protocol to the Convention, which contains the criteria allowing the national courts to unambiguously interpret the term under consideration. After the termination of one-year adaptation period, the child’s interests are not always respected, therefore, in the new additional protocol, the author suggests envisaging the right of both parties involved to request the court to establish the fact of adjustment of a minor child to the new environment earlier than the fixed period. A uniform mechanism must be developed for solving the difficulties of practical implementation of court decisions.

DOI: 10.25136/2644-5514.2019.3.30153

Abstract: The subject of this research is the analysis of the regulations of the Chapter 2, Article 13 of the adopted in 1980 Hague Convention on the Civil Aspects of International Child Abduction pertinent to taking into account child’s opinion in judicial consideration of the question on child’s return to the country of habitual residence. The object of this research is the relations established in the context of settling cross-border disputes on protection of custody and visitation rights. The author underlines the flaws in regulations that determine child’s opinion. Special attention is given to the position of the European Court on Human Rights, courts of Russia and Italy. The article formulates recommendations on improving legislation of the Russian Federation aimed at implementation of norms of the Convention. The main research objective lies in the analysis of the legal, theoretical and practical aspects of determining and consideration of child’s opinion, who has been unlawfully relocated to another county and retained therein. The scientific novelty consists in comprehensive examination of the regulations of Chapter 2, Article 13 of 1980 the Convention, known for the ambiguous approaches towards interpretation and application: the terms “child’s objection”, “child’s opinion” and “child’s consent” are not identical, which needs to be reflected in the Russian legislation; child’s opinion should be taken into account at the stage of judicial consideration, as well as enforcement of court decision pertinent to return of a child to the country of habitual residence; establishment of minimum age of 7 years old, upon attainment of which the courts are obligate to find out child’s opinion in settling cross-border disputes based on regulations of the 1980 Convention.

DOI: 10.25136/2644-5514.2021.3.36518

Abstract: The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.

DOI: 10.25136/2644-5514.2017.4.24451

Abstract: All subjective civil rights are susceptible to limitations, especially it is relevant for the institution of “intellectual property”, in which the desire to ensure compromise between the interests of an author (rights holder) and the interests of society, engaged in free access to the results of intellectual work for the purpose of cultural and technological development, is manifested most vividly. One of the results of balancing the interests within the intellectual property law, have become the constant expansion of various restrictions and limitations, primarily of the property rights of the authors (rights holders). This article discusses the questions of restrictions of the subjective civil rights applicable to exclusive right on the example of issuing a compulsory license. The author reviews the acting legislation of the Russian Federation and foreign countries. The following conclusions were made: all subjective civil rights are susceptible to limitations, which is especially topical for the institution of “intellectual property”; restrictions and limitations of right (free use, exhaustion, compulsory license, and rights of “prior and posterior” use) must be proven and cannot be subjected to extensive interpretation. A national patent law system concerning the granting of compulsory licenses is determined with reference to various objects of exclusive rights. The issue of compulsory licenses is possible in respect to the interests of private entities and public formations, including the purposes of healthcare and health protection that is particularly relevant for the developing countries. The compulsory license in the Institution of Intellectual property has similarities with the servitude as limitation of property rights, and is considered by the author as the limitation, rather than restriction of exclusive right.

DOI: 10.7256/2306-9899.2015.1.13962

Abstract: The subject of this research is the hierarchical dependency of the sources of public law in the modern Russia and its influence on the changes in Russia’s structure in light of the integrational cooperation. An analysis is conducted on the approaches to the forming of hierarchical subordination of the sources of public law within the classic theory of law, as well as the current stage. A special emphasis is made on the influence of international acts that compose the contractual foundation of the Customs Union of Russia, Belarus, and Kazakhstan, as well as the emergence of sources of public law of international legal acts of direct effect within the system. The author structures a concept of creating a hierarchical system of sources of public law, determining the defining factors and legal forms of expression of this system taking into account the effect of international law.

DOI: 10.7256/2306-9899.2017.1.18470

Abstract: The subject of this article is examination of the question of realization of the principles of jurisdictional immunities of a foreign state, as well as possibilities of attraction of private public institution towards the lawsuit based on private law. The goal of this work consists in the analysis of jurisdictional immunities concepts, provisions of international treaties in this field, and practice of various states regarding its restriction. The results of the review of the questions at hand allow generalizing the requirements of Russian legislation in the area of limitation of the jurisdictional immunities of a foreign state and legal grounds for its application in considering the disputes in the Russian courts. The scientific novelty is substantiated by the upcoming changes in the aforementioned area of legal regulation in Russia. The Federal Law No. 297-FZ of November 3, 2015 “On the Jurisdictional Immunity of a Foreign State and Foreign State’s Property in the Russian Federation” alongside the Federal Law No. 393-FZ of December 29, 2015 “On Amending Certain Legislative Acts of the Russian Federation due to the Adoption of Federal Law On Jurisdictional Immunity of a Foreign State and a Foreign State’s Property in the Russian Federation” have become effective since January 1, 2016.

DOI: 10.25136/2644-5514.2023.2.40420

Abstract: Foreign investments play a crucial role in overcoming the economic crisis in individual States, especially if such a crisis is systemic in nature, and domestic entities lack resources that could be attracted to the economy. In this case, foreign investment is often the only way to restore the normal development of the socio-economic sphere. At the same time, in crisis situations, foreign investors themselves require special protection, which in this case are exposed not only to commercial risk (such risk is "normal", and no one is responsible to the investor for it), but also to "political" risk (which is usually inextricably linked with economic), if, for example, an economic crisis leads to a revolution, a coup, or simply a tightening of economic policy, within the framework of which enterprises are nationalized, including those created at the expense of foreign investment. The currently existing international legal mechanisms, primarily insurance of "political" risk, do not solve the problem due to the fact that it is difficult for insurance companies to receive compensation from sovereign states by way of subrogation. Thus, the importance of national legislation increases - the norms of which should form the investment attractiveness of the state and give foreign investors confidence in protecting their rights even in a situation of economic crisis, for example, in Russia tax benefits are provided for foreign investors in case of adverse changes in the tax burden (the institute of "tax stability") in accordance with Article 9 of the Federal Law "On foreign investments".

DOI: 10.25136/2644-5514.2018.4.27808

Abstract: The subject of this research is the interpretation of the concepts of good faith and the related concept of fair dealing in the area of international law and domestic law of the United States. The author examines not only the content of these concepts by the international legal category and American law, but also attempts to find similarities and differences in understanding of these concepts. The principle of good faith is has become mainstream in the law of the United States, which is common to the countries of general law. At the same time, multiple international conventions that regulate both, the private international relations and public international relations, in its text contain the requirement on good faith and fair dealing. The main conclusion lies in determination of the structural nature of the principle of good faith as an international legal concept in international law, as well as description of the content of good faith accepted in the law of the United States. The author underlines the inconsistencies in the content of good faith in the American law at the doctrinal level and the level of judicial practice. The article covers the role of good faith and fair dealing in regulating legal relations in the United States. Moreover, the author identifies certain common features and crucial differences betweeb understanding of good faith in the international law based on the conventions ratified in the United States and understanding of good faith in the American law.

Abstract: Cross-border cooperation is a new trend in development of trade and economic relations of Russia. The author of the article underlines the special role of the Russian Federation constituents in cross-border cooperation with the European Union member states. Based on the author, such cooperation can be even called the 'trans regional' cooperation. However, no matter how important this cooperation is, it is still not legally fixed. Based on the Cross-Border Cooperation Conception, the author shows which definition of cross-border cooperation can be used by law makers.

DOI: 10.7256/2306-9899.2016.2.19355

Abstract: The subject of this research is the combination of theoretical ideas about the limits of power of criminal law in accordance with the universal principle. This work analyses the main postulates of this principle with application to the realities of the past and modernity; critically evaluates the legal formulations selected by legislator in order to restrict the boundaries (peculiarities) of power of the aforementioned principle; as well as examines the prospects of adaptation of its positions towards the crimes committed through the Internet. For achieving the set goal, the author formulated several tasks which have been solved by the analysis of the existing doctrinal positions in the area of Russian and foreign criminal law. The main conclusion consists in the fact that the universal jurisdiction is the most used mechanism for the proper establishment of criminal responsibility for cybercrimes. The expansion of an object field of the international criminal law can become a required element necessary for implementation of the universal principle of criminal law.

DOI: 10.7256/2306-9899.2017.1.20270

Abstract: The object of this article is the system of common low in the part that contains the legal institution of operation of criminal law in the legal space. Due to the specificity of common law, the subject of this article consists not just in the norms of the written (statutory) law, but also the judicial precedent that reveal the peculiarity of operation of the criminal law in the legal space. In this work, the area of scientific search is limited by the criminal legislation of two countries that most vividly reflects the historical essence alongside the features of common law: the United States and Great Britain. The work also touches upon the legislations of the countries of common law, which have the codified criminal legislation: Canada, Australia, and others. The scientific novelty consists in the fact that the analogous research are carried out not that often and until present day did not examine the questions of operation of the criminal law in the Internet. Therefore, the author for the first time has acquired a new, scientifically important result regarding the attitudes of the foreign legal experts in this sphere towards the previously conducted research pertaining to the Russian legislation. Multiple positions of the British and American legislation have been translated into the Russian language for the first time, as well as interpreted in terms of our research, which allowed formulating the specific practical conclusions.

DOI: 10.25136/2644-5514.2019.4.30942

Abstract: The subject of this research is the norms of international law regulating the questions of study and modification of human genome, as well as their impact upon the development of national legislation of various countries. The authors analyze the law enforcement practice of the European Court on Human Rights, which arrived at certain decisions considering the provisions of international legal acts in the area of genome research, particularly the Oviedo Convention. The article describes the existing in international community approaches to legal regulation of reproductive human cloning and its potential transformations. Based on the conducted comparative analysis of legal approaches to regulation of genome research on the international level along with their impact upon the formation of national legislation in this field, the authors come to the following conclusions: the international legal acts steer the government towards the formation of legal policy in the area of genome research, and creation of the national normative acts that on one hand do not unduly impede the further advancement of the scientific progress, and on the other would resolve the attendant problems of ethical, legal and social character, as well as adhere to human rights. It is recommended to continue formulating the legal and ethical questions in the field of genome research on the international level, comprehensively assessing the risks and variety of the existing problems.

DOI: 10.25136/2644-5514.2023.1.39908

Abstract: The subject of the study is dual nationality or bipatrism as a result of bilateral cooperation of states on issues of nationality. International legal cooperation of states on issues of nationality, in particular dual and multiple nationalities, is implemented through the conventional mechanism, that is, through the conclusion of bilateral and multilateral treaties. Treaty settlement of problems caused by the status of bi- and polypatrism is currently the most effective tool, because domestic norms, due to their unilateral action, are not able to fully respond to the newly emerging phenomena of interstate communication, among which the most urgent are the issues of nationality, in particular dual and multiple nationality. The author examines the differences between the terms "multiple nationality" and "dual nationality" on the basis of international agreements, in connection with which the conclusion is made about the lack of similarity in the content of these terms due to different legal regulation. The author analyzes the treaty practice on issues of dual nationality on the example of bilateral agreements. The author gives a modern classification of treaties on dual and multiple nationality, reflecting the current approaches of the states to these phenomena. The author concludes that despite the large number of bilateral agreements it is necessary to develop a new universal approach to the international legal regulation of multiple and dual nationality, which would reflect the current practice of legal regulation of bi- and polypatrism.

DOI: 10.25136/2644-5514.2023.3.43476

Abstract: The purpose of this article is to analyze the legal acts that make up the legal basis for the construction and operation of the main oil export pipeline "Baku-Tbilisi-Ceyhan", passing through the territory of such states of the region as Azerbaijan, Georgia and Turkey. These legal acts involve two types of agreements. The first type is international treaties that are made between the countries in the region. The second type is host government agreements that are made between the governments of the states and operational partners. The methodological basis of the study is the following theoretical methods of cognition: analysis, synthesis, induction, deduction, analogy, as well as special methods of cognition of legal phenomena and processes: comparative legal and formal legal. The article reveals the main elements of the Agreement between the Republic of Azerbaijan, Georgia and the Republic of Turkey relating to the transportation of petroleum via the territories of the Republic of Azerbaijan, Georgia and the Republic of Turkey through the Baku-Tbilisi-Ceyhan main export pipeline and the Agreement between Kazakhstan and Azerbaijan on supporting and facilitating the transportation of oil from the Republic Kazakhstan through the Caspian Sea and the territory of the Republic of Azerbaijan to international markets through the Baku-Tbilisi-Ceyhan pipeline, which ensured the connection of Kazakhstan to this oil pipeline. According to the author, the applied mechanism for regulating the construction and operation of an international pipeline project by acts of a public law and private law nature is effective, since it allows considering the interests of entities of various statuses interested in the project implementation: states and operational partners (investors).

DOI: 10.25136/2644-5514.2017.2.22688

Abstract: The subject of this research is the grounds and limits of legal regulation of constituents of the Russian Federation in the area of realization of international activity. Norms of the Constitution of the Russian Federation established the criteria for allocation of competencies and authorities without specification of the notions and content of the international and foreign economic relations. This is namely why there is a need for examination of an entire list of questions. The author turns to analyzing the normative legal acts of the federal and regional level that regulate international and foreign economic relations of the Russian regions. The scientific novelty of this work is defined by the fact that there is a lack of comprehensive scientific works that allow revealing the question of legal regulation of the international activity of constituents of the Russian Federation, which holds special importance in the context of deeper understanding of the problem of demarcation of competencies and authorities in the Russian Federation. In conclusion, the author determines the grounds of legal regulation of the constituents of Federation in the area at hand, identified a number of contradictions, as well as proposed measures on improving the normative legal acts of federal and regional level.

DOI: 10.7256/2306-9899.2014.3.10812

Abstract: The concept of beneficiary ownership is among the most debatable concepts in the modern theory of international tax law. Initially the term beneficiary owner has appeared in the trust law of the Great Britain in order to distinguish between the person having basic economic profits from property or trust income and a formal owner of property. However, later this concept was transferred into the international tax law, and it became a popular norm against unlawful use of treaties against double taxation (treaty shopping). The third type of concept of beneficiary owner belongs to the spheres of administrative and financial law, and it is connected to the issues of disclosure of a final beneficiary in a corporate structure. The issue of recognizing a person as a beneficiary owner is a subject to both scientific discussions and serious disputes in the legal practice of the latest decades, including administrative and judicial practice in the states with developed economies. The absence of clear criteria for defining this term and presence of insoluble contradictions in its interpretation make the position of taxpayers involved in international economic activities even more difficult. These contradictions may not be regarded as being resolved at the moment when this article is written even after the additional interpretations by the OECD Tax Committee in 2012. The practical issue of beneficiary ownership of income is especially topical in the corporate structures of multinational corporations when using intermediary companies, having functions of holdings or subholdings, as well as functions of ownership and use of intellectual property, sub-licensing and transit (back-to-back) finaning within the group. The problem of beneficiary ownership also became especialy topical in the Russian Federation lately in the context of state initiatives on de-offshoring and attempts to limit abuse of international tax treaties. This article concerns theoretical aspects of the concept of beneficiary ownership of income for the purpose of application of tax convention. Special attention is paid to the value of this term in the national law of the states as an instrument of fighting against the tax agreements, interpretation of the beneficiary ownership for the purpose of international treaties and its application in the international judicial practice. Currently interpretation and application of the concept of beneficiary ownership in the international taxation is vague and contradictory. These contradictions may not be regarded as being resolved at the moment when this article is written even after the additional interpretations by the OECD Tax Committee in 2012. The author for the first time in the Russian tax literature attempts to generalize the existing views on the issues of application of this concept in the international taxation.

DOI: 10.7256/2306-9899.2016.1.16321

Abstract: This article examines the process of formation of the national labor legislation of Italy in the area of legal regulation of Internet employment and the influence of the supranational labor law upon it – “European Framework Agreement on Telework”. Despite the fast growing interest of the modern researchers towards the new forms and types of employment, including those that are based on the Internet technologies, the elaboration of the foreign and European labor legislation (namely the norm of labor law in the era of regulation of the Internet employment in Italy) is currently insufficient and requires more detailed attention from the scholars. Within the framework of this work the author determines the peculiarities of implementation of the “European Framework Agreement on Telework” into the national labor law of Italy, as well as underlines the level of implementation in comparison with some other countries of the European Union. The role of the national and supranational law in the establishment of the Italian labor law in the area of the Internet employment regulation is being defined.

DOI: 10.25136/2644-5514.2019.4.31455

Abstract: This article explores the peculiarities of legal technique in application of the norms of international law using the example of the analysis of court decisions, lawfulness and validity of decisions of the Prosecutor’s Office on extradition of a foreign citizen from the territory of the Russian Federation. The subject of this research is the norms of international and Russian law aimed at implementation of provisions on extradition of foreign citizen who have committed offences and hiding out in the Russian Federation; court decisions on the foreigners’ appeal against the action of the Prosecutor’s Office regarding the application of extradition law. The goal of this work lies in determination of trends in the process of extradition of foreign citizens. For revealing the legal technique approaches towards delivering decisions on extradition, the authors analyze the text of court decisions of the various authorities, delivered by the Supreme Court of the Russian Federation and general jurisdiction courts over the period from 2014 to 2018. The field of application of research results is the international law and criminal procedure law of the Russian Federation related to the questions of extradition. The scientific novelty consists is summarizing the case law of the Russian Federation for the past five years in the area of international cooperation on the questions of extradition and fulfilling international obligations of the Russian Federation, as well as the international standards in the sphere of protection of personal rights and freedoms. It is proven that the application of the norms of international law in resolving cases on extradition of foreign citizens from the territory of the Russian Federation ensure diligent fulfillment of international agreements of the Russian Federation containing its responsibilities in the sphere of extradition.

DOI: 10.7256/2306-9899.2017.1.21991

Abstract: The subject of this article is the types of international cooperation of the constituents of federative states. Russia is a federation, in which the federal center and the constituents of the Russian Federation consider the international connections as potential for mutually beneficial collaboration with the foreign partners; the experience of other countries can also be applied due to the actively developing foreign communications. For determination of the types of such cooperation, their legal grounds, and control on the part of the federal center, the author explored multiple legal sources of international and domestic law, as well as the specific regional practice of realization of the international connections. The examined topic is relevant due to the lack of comprehensive scientific works that allow identifying the forms of international cooperation of the constituents of federative states alongside their efficiency under the modern geopolitical circumstances. As a result, the author determines such forms of cooperation on the regional level, defines the limits of the possible participation of constituents of various federative states in the international activity.

DOI: 10.7256/2306-9899.2013.2.676

Abstract: The article concerns international legal cooperation in the sphere of the human rights, which is aimed towards legalizing of the refugee status from the standpoint of the history of the last decade of XX century. The author shows the perspectives of cooperation among the different states and regions on this sphere. She also studies the development of Russian national law on refugee status and its correspondence with the international legal standards. It is stated that the maintenance of migration problems requires cooperation among the Eurasian states. She studies the legislation of the foreign states and its compliance with the legal norms, as well as the UN documents on refugee status, and on migration on international and regional levels. The author states that migration problems are currently among the key security issues at national, regional and international levels. Due to this fact, she offers to search for coordinated solutions at national, regional (with the frameworks of the European Union and the Council of Europe) and universal levels.

DOI: 10.25136/2644-5514.2022.2.37681

Abstract: The subject of the study is the norms of the national law of the Russian Federation on the protection and preservation of languages, as well as the norms and principles of international law in this area. The object of the research of this article is the relations in the field of legal regulation of the protection and preservation of the languages of indigenous peoples and local communities. Based on comparative legal, formal legal and systematic research methods, the article presents an analysis of the legal foundations of language policy in Russia, as well as the provisions of international legal acts in the field of the protection of the languages of indigenous peoples and local communities, namely: the Declaration of Principles of International Cultural Cooperation of 1966, the UN Declaration on the Principles of International Law of 1970., The European Convention on Human Rights of 1950, the European Charter of Regional or National Minority Languages of 1992, as well as PACE resolutions and recommendations. The novelty of this study lies in the fact that the authors conducted a comprehensive analysis of the modern legal foundations of language policy in Russia. In the article, the authors consider in detail the concepts of "national minorities" and "cultural values" in accordance with the national legislation of the Russian Federation and international legal acts. The authors come to the conclusion that the Russian historical experience and modern practice of preserving the languages of national minorities, as well as the legal mechanism for the protection of languages provided for by the Constitution of the Russian Federation and other normative legal acts, in many ways surpasses the mechanism provided for by the European Charter. Thus, the exclusion of Russia from the Council of Europe will not negatively affect their protection and preservation within our state.

DOI: 10.7256/2306-9899.2014.4.10986

Abstract: Multinational companies resident in the states with high taxes, wishing to lower the tax burden in the group of companies as a whole, become involved in the complex international tax planning. They have two goals: on one hand to lower the source taxes at the investment states, and on the other hand to lower the income tax in state of their residency. The latter is a complex of activities for the diversion of income from the states, where the profit is earned to the third party states (also called intermediary states), where the profits are accumulated and then distributed in the state, where the investor is situated. The third party states may be offshore jurisdctions and states with favourable holding regimes. The state of residency of an investor does not wish to accept this situation as it is, and it is interested in legislative limitations to such practices. The state of residency of the investor (e.g. a multinational company or a wealthy individual) is interested in counteractions against the attempts of such a resident to gain maximum delay in taxation of incomes earned. Such a delay is possible by so-called "parking" of passive incomes in the foreign jurisdictions with low taxes without distribution of such incomes into the state of residency of a resident. The resident state may achieve it by various taxation mechanisms for the non-distributed incomes of foreign controlled companies (well0known as CFC (Controlled Foreign Company) rules). In this article the author studies the CFC rules, which exist and are applied for decades by now in the states with high taxes, first of all, in the OECD states. The studies include defining the spheres of application of such norms, means of identification of foreign companies, whose tax basis should be included into the taxable basis of the parent company, the procedure for calculation of the tax basis, popular exceptions, as well as the modern international practices of developed states in this sphere. Currently the Russian tax legislation provides virtually no anti-avoidance norms, preventing the above-mentioned practices for the transfer of the tax basis abroad. However, after the Budget Address of the President of the Russian Federation in December of 2013, the Ministry of Finances of the Russian Federation has announced its intention to introduce the rules similar to CFC, that is, the norms on controlled foreign companies, into the Russian tax legislation. In this article for the first time in the Russian legal science the author provides comprehensive analysis of the CFC rules, which are popular abroad. In this sense the contents of the article may provide the interested readers with the necessary context, within which the Russian tax rules on CFC shall be developed and further applied.

DOI: 10.7256/2306-9899.2016.1.17122

Abstract: The subject of this research is the process of establishment in the Soviet Russia of the diplomatic and consular law. The author thoroughly examines such aspects of the topic as setting the foreign policy tasks, organization of foreign policy department, ranks, functions, rights and privileges of the diplomatic representatives; it is demonstrated how the new Russian embassies and missions were establishing overseas. One of the storylines became the history of the Russian consular law and the Soviet consular practice. Special attention is given to the legislative base, which regulates the organization of consulates of the foreign states in new Russia. The Soviet State from the first steps has been forming friendly relations with the surrounding world, and developed its own political line on the international arena. Russian legislation and the early diplomatic practice became one of the most important basis for recognition the new Russia (USSR) by the foreign nations, as well as for the establishment of the economic and diplomatic relationships between them.

DOI: 10.25136/2644-5514.2020.4.33123

Abstract: This article is dedicated to the analysis of extrajudicial mechanisms of consideration of complaints – OECD National Contact Points. The object of this research is the activity of OECD National Contact Points, while the subject of is the dispute resolution procedure therein. The goal of this research consist in carrying out efficiency assessment of OECD National Contact Points as legal remedy for the persons suffered from the activity of transnational corporations. The work consists of the three parts. The first part provides brief description of the activity of transnational corporations and the concept of corporate liability for violation of human rights. The second part is dedicated to the analysis of dispute resolution procedure within the National Contact Points. The third part analyzes the effectiveness of National Contact Points as legal remedy. The author comes to the following conclusions and recommendations: due to the differences in the structure, financing, and human resources, National Contact Points of certain countries appear to be more effective than of the others. The effectiveness largely depends on the level of economic development of the OECD member-state, financing, and competences of mediators. Therefore, the National Contact Points of the developed countries represent the effective legal remedy, while in the developing countries, the parties suffered from entrepreneurial activity face barriers that impede exercising their right to effective legal remedy. The set of organizational and legal measures cans serve as the solution to the existing problems. Namely, the conclusion of bilateral agreements between the developed and developing countries on rendering legal aid and exchange of mediators is essential. The author also recommends establishing corporate liability on the domestic levee in form of fines and other sanctions for refusal of transnational corporation to comply with the decision of the National Contact Points. The provision with recommendation on consolidation of such liability should be introduced into OECD Guidelines for Multinational Enterprises.

DOI: 10.25136/2644-5514.2022.3.38691

Abstract: The article presents an analysis of the practice of protecting World Natural Heritage sites "Manovo-Gounda-Saint-Floris National Park" (Central African Republic) and "National Parks on Lake Turkana" (Kenya). The most typical problems for African States in the preservation of unique natural sites are noted, the legal positions of the World Heritage Committee on the implementation of international obligations for the preservation of World Natural Heritage sites are considered, in which such problems are legally reflected. The problems of finding sources of financing for environmental protection activities in African countries, as well as the lack of human resources to ensure effective management of World Natural Heritage sites are highlighted. The approaches of the World Heritage Committee to the implementation of projects for the construction of hydroelectric power plants affecting the ecosystem of Lake Turkana are considered. The novelty of this work is predetermined by the shortage of specialized studies devoted to the fulfillment by foreign states of international obligations to protect world natural heritage sites in domestic legal science. The analysis of the experience of protecting World Natural Heritage sites in African countries allows us to summarize the conclusions significant for the Russian practice of protecting World Heritage sites, extrapolate them to the problems of protecting the World Heritage site "Lake Baikal", as well as formulate new proposals and approaches to improving environmental policy in this area. Noting the important role of the World Heritage Convention in the development of hydropower, there is an obvious need for the early formation of an international regulatory framework with border foreign states.

DOI: 10.25136/2644-5514.2017.2.23145

Abstract: At present time, the transition to multipolarity and failure of the idea of unipolar world is an undisputable fact. Under such circumstances, the regional integration process acquire special importance, becoming an intrinsic part of evolution. Due to the intensified geopolitical competition, rapid creation of the new regional economic, social, military political, and legal spaces alongside the multi-format organizations, Russia inevitably faces the task of reconsideration and correlation of the existing directions of regional cooperation, development of the new multi-vector policy, primarily in the Eurasian space. Crucial role in the process of achieving the set goals belongs to law, which manifests as a regulator of the relations at the national and multinational levels. In such context, the universal concept of Eurasian law is the key instrument that reflects various aspect in development of the integration process in Eurasian region. The article represents the author’s concept of formation of the Eurasian law based on the analysis of doctrinal approaches that reveal the theoretical legal grounds, genesis, main features and peculiarities of the Eurasian law as a part of international law. The development of Eurasian law will undoubtedly conduce the promotion and propaganda of Eurasian values around the world and increase of the role of Eurasian pole on the international arena.

DOI: 10.7256/2306-9899.2014.2.11640

Abstract: The article contains analysis of the capabilities of the state or its courts for challenging the acts of international organizations. If the interests of the state as such are violated, it uses organs of an organization or international judicial procedures. The tendency for challenging the activities of such an organization in the national court in cases, when the rights of citizens or legal entities are violated, is developing. However, the principle of immunity often precludes such challenges. The author draws a conclusion that the attitude of national courts towards the acts of international organizations generally does not depend upon the attitude of state towards introduction of the international law into its legal system. The national courts generally recognize authonomy of the two systems, and sometimes they apply the same approach to the international law and to the application of foreign law. National courts have not yet developed an unified approach towards the immunity of the international organization and the need to take it into account when challenging the decisions of such an organization. The following approach is noted: while the request for review of the act of the international organization is not the same matter with the claim to this organization, where the immunity should apply at the full scale, still immunity should be considered. Nevertheless, there is recognition for the fact that formally following the idea of immunity may lead to negative consequences to the people searching for justice.

DOI: 10.25136/2644-5514.2022.4.39236

Abstract: The purpose of this article is to present an analysis of the main approaches to the problem of protecting genetic information at the international and national levels. The author presented an overview of international acts on genetic information protection, as well as an overview of the positions of the ECtHR on the issue under consideration, author also conducted a comparative analysis of national approaches to the legal regulation of this area on the example of different countries (USA, France, Israel, Russia). There are two main forms of genetic data protection. The first is the protection of genetic data through medical data, biometric data, personal data in general, through the right to privacy. The second is the protection of genetic data through specialized rules on the confidentiality of genetic information. It is concluded that at the international level the protection of genetic information is carried out more effectively by general human rights protection treaties (in particular, the ECHR) through a broad interpretation of the right to privacy and some other rights. The Universal Declaration on the Human Genome and Human Rights of 1997 and the International Declaration on Human Genetic Data of 2003 do not ensure the execution of their provisions and do not establish a control mechanism due to their recommendatory nature, but perform an important "guiding" function. They reveal possible methods of regulation and protection of genetic data by states, establish standards, following which states can effectively organize legal regulation in this area. At the national level establishment of special legal norms for genetic data seems to be appropriate and more effective, because allow to refer directly on the violation of the regimes for the use of genetic data in the courts. In this case, there is no need to prove genetic information as biometric, also unlike the legal regimes where genetic information protects through the rules on medical secrecy, a situation of medical treatment is not necessary.

DOI: 10.25136/2644-5514.2021.3.36132

Abstract: The subject of this research is the materials of prosecutorial and judicial practice, as well as the norms of the current legislation of the Russian Federation, including international treaties of the Russian Federation. The object of this research is the extradition verification as the established by legislation legal means of the prosecutor aimed at detecting violations of the Constitution of the Russian Federation and laws effective in the territory of the Russian Federation, including international treaties of the Russian Federation and generally accepted principles of international law, human and civil rights and freedoms, factors and conditions that contribute to such violations, and responsible parties in the context of resolving the question of extradition of foreign citizens and stateless persons from the Russian Federation or establishing the absence of indicated violations. Special attention is given to the concept, peculiarities, structure and content of extradition prosecutorial verification. The author supports the opinion of some scholars on the need to adopt foreign experience (namely of the Republic of Kazakhstan and Ukraine), as well as specify in the Criminal Procedure Code of the Russian Federation the normative definition of the term “extradition check verification” and particular procedural actions of the prosecutor that constitute such verifications. The conclusion is made that the snap poll procedure for the detainee should be considered the initial (organizational and preparatory) stage of the extradition verification; there are gaps in normative regulation of the snap poll procedure, which may cause difficulties in practice of the prosecutors of the lower echelon of prosecutorial system of the Russian Federation, who are entrusted to take part in international cooperation. The author underlines the need for mandatory correction of all the flaws, and offers the original perspective on their elimination.

DOI: 10.25136/2644-5514.2022.1.37654

Abstract: This article examines the international legal aspect and comparative characteristics of the development of information security in Russia and the countries of the world. The definition, forms, types and characteristics of various aspects and aspects of information security of information systems are revealed. Subject, object and conceptual possibilities of information security. The article is devoted to the legal regulation of information security in international cooperation. A detailed analysis of international regulatory legal acts that consolidate the foundations of information security has been carried out. The main directions of development of Russian and foreign legislation in the field of information security and the role of international bodies in ensuring information security are considered. The author concludes that the issue of improving the legal provision of information security in the field of international cooperation is clearly evidenced by the intensification of state cooperation within the framework of regional associations in the field of information security, as well as the conclusion of a number of international agreements and the adoption of joint statements in this area. In accordance with the current legislation, the article defines the level and degree of information protection. The emphasis is on the latest changes in legislation on information, information technologies as a set of measures to prevent unauthorized use, abuse, changes in information, facts, data in the historical and legal aspect of ensuring information security of information systems.

DOI: 10.25136/2644-5514.2018.2.26498

Abstract: This article discusses the topic of ensuring the European standards in delivering justice in the Russian civil procedure due to proclamation in practice of the European Court of Human Rights of the requirement of the “equality of arms” of procedural opponents that are an intrinsic element of the fair trial. The indicated problematic gains special relevant for the post-Soviet Russia in light of the attempts made by a legislator over the two recent decades aimed at enhancing competitiveness of the framework in the civil and arbitration proceedings. The author analyzes the rules on disclosure of evidence (Chapters 3 and 4 of the Article 65 of the Arbitration Procedure Code of the Russian Federation) and “implied recognition” (Chapter 3.1 of the Article 70 of the Arbitration Procedure Code of the Russian Federation). A conclusion is made that the specified institutions demonstrate the unsuccessful attempt of a legislator on strengthening the private-legal fundamentals in arbitration procedure in the spirit of European standards of delivering justice. The scientific novelty lies in the assessment of the fundamental procedural institutions through the prism of the international legal standards.

DOI: 10.25136/2644-5514.2020.1.30245

Abstract: The subject of this article is the process of implementation of UN international agreements on the questions of space activity into the national legislation of EU member-states. The author leans on the fact that considering the insignificant volume of national space legislation passed in the EU member-states, as well as differences of legal framework in regulation of space activity, the actors of space activity can shift their space activity into the countries with more favorable space legislation. For the purpose of prevention of this trend, on the EU level there is a trend on unification and harmonization of legislation and policy in the area of space activity. The conclusion is made on the different approach and disaccord in the practice of implementation of the norms of international agreements into the national space legislation. Particularly, in the national space legislation of the EU member-states, there are differences in exercising state control over the activity of nongovernmental legal entities, namely in the procedures of obtaining a permit for realization of space activity by the actors of space activity outside the national borders. There is also discrepancy in the questions of licensing of space activity: different requirements for license acquisition and terms of application processing, as well as various national authorities executing the function of licensing of space activity. Approaches also vary with regards to the questions of responsibility for the harm inflicted by space object, so is the practice of creation the national register of space objects launched by the states.

DOI: 10.7256/2306-9899.2014.1.10614

Abstract: The study is devoted to the theoretical problems of hierarchical dependency of the sources of international law within the framework of public legislation of a state and their correlation with the Constitution of the Russian Federation. International treaties play an important role in the formation and functioning of the international regulation system of public law in the modern Russia. They regulate more and more intensive cooperation of states in various spheres. Currently the Russian Federation is a party to about 20 000 functioning international treaties. The first part of the article contains analysis of hte classification bases for recognizing which hierarchical level a certain international treaty belongs to. The second part describes the situation, which was formed in public law regulation of customs legal relations. The methodological basis for the study is legal analysis of legislative norms regulating the place of international treaties within the legal system of the Russian Federation. International public treaties, including international treaties in the sphere of customs law, form an inalienable part of the Russian legislation. They are sources of Russian law, and they also influence development of the entire system of law, conclusion of mutually profitable international treaties results in the development of favorable economic and political relations among the states. At the same time various direction of international treaties and their inclusion into different hierarchical levels according to different bases for classification creates significant problems in legal practice.

DOI: 10.25136/2644-5514.2017.4.23720

Abstract: The subject of this research is the legal institution of compensation for violation of a right to speedy trial. The object is the social relations emerging in terms of resolution of the issues regarding the award of compensation for violation of a right to speedy trial. The author examines the questions of peculiarities of implementation of the legal regulation of one or another institution, considering the specificities of the legal system of the state. Special attention is given to the characteristics of hearing cases within the law enforcement practice of the European Court of Human Rights and Russian courts in settlement of issues regarding the award of compensation for violation of a right to speedy trial. The main conclusion of the conducted research consists in the need for expanding the list of evaluation criteria within the Russian procedural legislation for the purpose of development of the legal institution of protection of the right to speedy trial to the full extent, taking into account the existing evaluation criteria within the practice of the European Court of Human Rights.

DOI: 10.25136/2644-5514.2022.3.37054

Abstract: The subject of the research in the article is the issue of the prohibition of the activities of Interpol on the political, military, religious or racial nature of interference (persecution) of persons on the international wanted list or involved in global criminal activity, on the basis of Article 3 of the Statute of the International Criminal Police Organization (Interpol). In the context of the application of this article, the establishment of the boundaries of possible interference (prosecution) of these persons, according to the principles of international law. The author has carried out a comparative legal analysis of international legal acts regulating the provisions on restricting the actions of international bodies on the basis of political, military, religious and racial persecution.The main conclusions of this study are the establishment of the boundaries of possible persecution of persons who are on the international wanted list and involved in global crime and hiding from justice behind the wall of international principles for the protection of human rights and freedoms (prohibition of persecution on religious, racial, political and other characteristics).The author classifies the categories of crimes for which the provisions of Article 3 of the Charter apply, and also identifies exceptions from these categories based on the characteristics of criminal law. The basis of the conducted research is the method of comparative legal analysis of normative legal acts, which allowed us to deduce some patterns, the application of international law, the protection of human rights and freedoms from criminally punishable signs of an act.

DOI: 10.7256/2306-9899.2013.2.5108

Abstract: The article includes analysis of the categories of development, right to development and sustainable development within the framework of international relations. The comparison between the said categoreis and international program acts and regulators allows one to state that these phenomena are interconnected. The article contains references to regulatory support of development, right to development and sustainable development in the international treaties, declarations and program acts of the UN. It is pointed out that the right to development is an integral part of both human rights and the rights of peoples, and it requires a collective bearer (subject). It is proven that the nations taking part in international relations (as well as indigenous nations) are bearers of the right to development. It is pointed out that implementation of rights to development and sustainable development requires both the international cooperation and implementation of international program regulators in the national legal systems. It is recognized that responsibility of states for the implementation of right to development presupposes the need for program regulation of sustainable development in international law and constitutional law, the author also shows the negative features of existing practice.

DOI: 10.7256/2306-9899.2013.3.2424

Abstract: The article contains a brief overview of the decisions of the European Court of Human Rights in cases against the Russian Federation in the period from 1998 to 2008. The author makes a conclusion on the influence of the European precedent law on the Russian legal system and its shortcomings in the sphere of human rights protection. She also describes the causes for refusals to take some cases against Russia, points out political decisions of the ECHR.

DOI: 10.25136/2644-5514.2023.1.38177

Abstract: The subject of the study is the materials of prosecutorial practice, as well as the norms of current laws and international legal acts of the Russian Federation. The object of research in the article is some current topical problems of the participation of the Russian Prosecutor's Office in international cooperation. According to the authors, at present, the activity of prosecutors in the field under consideration cannot be called a perfect line of activity of the domestic prosecutor's office. The problems of subjective (lack of necessary practical experience of participation in international cooperation among individual prosecutors) and objective (shortcomings in legal regulation, scientific and theoretical shortcomings, the geopolitical situation in the world, and others) are investigated. Based on the results of the study of these problems, the necessity of their mandatory solution is emphasized and the author's vision of some complex ways to overcome them is proposed. At the same time, the authors propose to pay special attention to improving the regulatory framework, continuing the diplomatic policy of the Prosecutor General's Office of the Russian Federation on concluding bilateral agreements with the competent authorities of foreign states on cooperation in the criminal procedure sphere and in cases of administrative offenses, as well as preparing appropriate educational and methodological and scientific literature developed by scientists of the University of the Prosecutor's Office of the Russian Federation and other law schools, and some other measures.

DOI: 10.25136/2644-5514.2023.4.69029

Abstract: This article is devoted to the study of certain issues of international and domestic sports legal relations, and, above all, to the analysis of the concepts of "constitutional citizenship" and "sports citizenship". The issues of naturalization of athletes, compensation for the costs of their upbringing by the federation that naturalized them are very complicated. In the modern world, the role of sport in public relations continues to increase, which entails the need for high-quality legal regulation of this sphere of public relations. The study of the issues identified by the authors and the formulation of proposals with practical application is of particular relevance and, especially, in the context of the complication of these legal relations by the legally ambiguous geopolitical processes taking place in the interstate system. Through the methods of analysis, synthesis and a systematic approach, the process of studying normative legal acts and legal doctrines takes place. The use of the comparison method makes possible to assess the prospects of applying doctrinal judgments regarding the further codification of international law in the field of sports. The main conclusions of the study are the following: - currently there are significant gaps in the field of legal regulation of legal relations involving professional athletes; - in the field of national and international legal regulation of sports citizenship issues, there is a certain connection, as well as differences in the concepts of "constitutional citizenship" and "sports citizenship"; - it is necessary to implement a new codification of the norms of general international law, a more complete involvement of the mechanism of regional law-making; - a full and high-quality implementation of national rule-making activities in the field of sports legal relations, complicated by a foreign element, is required. The scientific novelty of the research consist in the fact that the authors of the article have made conceptual proposals that can be applied in real life during the implementation of the law enforcement process in the field of sports. Special emphasis was placed on the need to comply with the norms governing the issues of sports citizenship to modern realities, since mass migration in the world contributes to the growth of the number of people receiving new both constitutional and sports citizenship, which results in the events that we can observe in both the field of general state policy and in the field of professional sports.

DOI: 10.25136/2644-5514.2023.4.44165

Abstract: This article is devoted to current problems of protecting the right of the state to use state symbols (anthem, flag) within the framework of international sports and other events. The subject of the research is to consider the right to perform the national anthem, display the national flag and other symbols through the prism of the state’s intellectual property. The current position of the Russian Federation on the international sports and political arena raises the question for the legal community of the need for legislative regulation of the state's intellectual property rights to state symbols. The authors analyzed the current positions of international organizations in the field of sports regarding the participation of athletes from the Russian Federation in international sports events. The subject of the study is also international legal acts related to the holding of international sporting events and regulations of international sports organizations and federations (IOC, FIFA, UEFA). The legal system, both at the national and international levels, should be structured in such a way that international sports organizations do not have the right to ban the performance of the national anthem and the using of the national flag by a country participating in international sports competitions, because such a ban is a violation of the state's right to identity. The bans imposed by foreign organizations and judicial institutions on the Russian Federation as sanctions are presented by the international community as a compromise for the admission of Russian athletes to participate in international sports competitions in a neutral status, however, from a legal point of view, this approach requires reconsideration. The authors proposed amendments to a number of regulatory legal acts of the Russian Federation: the Constitution of the Russian Federation, the Civil Code of the Russian Federation.

DOI: 10.7256/2306-9899.2015.2.14154

Abstract: The subject of this research is the issues of improving one of the most important preventive tools in the field of the environment - Environmental impact assessment. Currently, there is a need to ratify Convention on Environmental Impact Assessment into Russian legislation. This will allow to implement into Russian legislation a positive international legal experience in this field and boost the development of national legislation. However, the implementation of international legal requirements should take into account the significant differences between the European and Russian models of environmental assessment. It is noted that the main difference between the Russian model of EIA consist in its close relationship with the ecological expertise. In fact EIA is considered by Russian law as an auxiliary procedure that precedes the ecological expertise, while the latter is given binding legal value. It is concluded that the ratification of Convention on Environmental Impact Assessment in a Transboundary Context must inevitably push lawmakers to change the concept of EIA in Russia. The ratification of the Convention would bring with it a greater public participation in the environmental assessment procedures. It will also make necessary to determine what types of plans and programs can cause significant environmental consequences, which authorities are authorized to conduct a strategic assessment of plans and programs of any level - federal, regional or local - will be subject to evaluation.

DOI: 10.7256/2306-9899.2013.1.427

Abstract: The article provides detailed analysis of the modern theory of tax residence, which is used by the developed tax systems of the foreign states. This concept is absent in the Russian tax legislation, which is a significant gap in the tax regulation of economic activity and it gives way for tax evasion. The Ministry of Finances of the Russian Federation announced the need to introduce this concept into the Tax Code of the Russian Federation in accordance with its "Key Directions for the Tax Policy in the period from 2013 to 2015". Due to this fact this article is quite topical within the framework of upcoming legislative changes. The article includes not only theoretical bases for the tax residency concept for legal entities, but also analysis of judicial practices of various states, which use it, as well as some critical comments in part of adequacy of its application in the modern high technology international economy at the age of electronic commerce. The article may be of interest to all those interested in the problems of modern tax policy.

DOI: 10.7256/2306-9899.2015.3.15487

Abstract: This article presents a detailed review of the criminal legal aspect of the fight against corruption within the EU member-states. A special attention is given to the implementation of the international legal norms of the United Nations Convention against Corruption into national criminal legislation. The criminal legal norms on responsibility for abuse of power are being reviewed on the example of the criminal laws of Belgium, Germany, Spain, Italy, Latvia, Netherlands, France, and Estonia. The criminal legal norms on responsibility for illegal enrichment are being reviewed on the example of the criminal laws of Belgium, Denmark, Ireland, and France. Examination of the criminal legislation of the EU member-states was conducted based on the comparative legal method, which allowed studying the general and specific regularities in establishment of criminal responsibility for abuse of official position and illegal enrichment in separate countries of the integrational union in question. The scientific novelty consists in the original formulation of the trends of development of the modern criminal legislation within the member-states of the European Union on responsibility for crimes of corruption: first, the broadening of the subject structure of persons guilty of committing a crime of corruption, and second, expanding the criminal legal protection onto private sector.

DOI: 10.7256/2306-9899.2013.1.684

Abstract: Evaluation of the issues regarding interaction between international and nationallaw in the military sphere is helpful for theoretical understanding of the issues of state security guarantees from internal and external threats, national security, preservation of state sovereignty and territorial integrity of the Russian Federation in the legal field. An especially topical aspect concerns implementation of norms of international law in the foreign states. The scientific novelty of the article is due to distinguishing constitutional norms of foreign states in the military sphere. Evaluation of the foreign experience in the sphere of constitutional law regulation of interaction between international and national law in the military sphere may be of assistance for the understanding of the primary causes of certain events during interactions or tensions among the states. It seems especially important when concluding international treaties, since it allows for correct accentuation of the issues regarding implementation of treaty provisions. In the modern world much attention is paid to the national legal implementation, since it serves as a guarantee of performance of international law obligations by the states, in spite of political character of many decisions regarding internal and foreign policies of states.

DOI: 10.7256/2306-9899.2013.4.2507

Abstract: This article is devoted to the problem of enforcement of the decisions of the European Court of Human Rights. The author provides analysis of the norms regulating enforcement of the decisions, when the responsible subject is the state. The author studies various acts of the Russian state, evaluating their conformity with the international legal obligations of the Russian Federation, analyzing the provisions on the payment of compensation to the victims requiring provision of state funds for their payment. The author shows a number of contradictions between the Russian legislation and the international law obligations of the European Court of Human Rights. The author considers that currently there is only one normative legal act in Russia, which provides sufficiently detailed regulation of enforcement of the decisions of the European Court of Human Rights in part of monetary compensation, and this act is the Budget Code of the Russian Federation. The conclusion is made on the need to pass a normative legal act, which would provide for a detailed procedure for the enforcement of the decisions of the European Court of Human Rights in part of enforcement of individual and general measures.

DOI: 10.7256/2306-9899.2013.4.11026

Abstract: The article contains analysis of legal regulation of the energy sector of the North American states - the USA, Canada and Mexico. The author analyzes the key stages and tendencies of development of the energy sector in these states after signing the Agreement for the formation of the North American Free Trade Area and the North American Agreement on Environmental Cooperation. The author analyzed the input of the Organization of the American States into the development of the North American energy markets. The analysis allowed to draw a number of conclusions. At the current stage of its development the mutual dependency of the consumer state (the USA) and producing states (Canada, Mexico) is regulated via regional and sub-regional norms, including NAFTA, which serves as a basis for the legal guarantees in the relations among these states, and as a prerequisite for the harmonization of national legislations in the sphere of energy. At the current stage of development, one may speak of the existence of international (regional and sub-regional) basess for the North American energy market, uniting hte markets of the USA, Canada and Mexico.