Reference:
Molchanov N.A., Trubacheva K.I..
Podkhody k primeneniyu printsipov mezhdunarodnogo prava v novykh geopoliticheskikh usloviyakh
// Actual problems of Russian law. – 2014. – ¹ 6.
– P. 1254-1261.
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Abstract:
Keywords: Evropeiskii Soyuz, Ustav OON, mezhdunarodnye otnosheniya, printsipy mezhdunarodnogo prava, mezhdunarodnoe pravo, samoopredelenie narodov, gosudarstvennyi suverenitet
References:
Koutrakos P. EU international relations law, Oxford: Oregon, 2006.
Trybus M. European security law. Oxford University Press, 2006.
Pravo Evropeiskogo Soyuza. 4e izdanie. Uchebnik. Uglublennyi kurs. Tom 2 / Pod red. S.Yu. Kashkina. M.,2013.
Pravo Evropeiskogo Soyuza. 4e izdanie. Uchebnik. Uglublennyi kurs. Tom 1 / Pod red. S.Yu. Kashkina. M., 2013.
Reference:
Arabey, E.S..
Specialized bodies of the European Union in the
sphere of customer protection
// Actual problems of Russian law. – 2014. – ¹ 5.
– P. 953-958.
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Abstract: The article “Specialized bodies of the European Union in the sphere of customer protection” is devoted
to the analysis of the activities of the institutions and bodies of the European Union in the sphere of customer
protection. In this article the author analyzes the activities of the institutions of the European Union: the European
Commission, the European Parliament, and the Council, which are aimed at the implementation of the
competence of the European Union in the sphere of customer protection. Within each of these institutions,
the author singles out the structural divisions, which are responsible for the implementation of competence of
the EU in the sphere of customer protection, analyzing their legal status and the range of their competence.
The author also includes brief analysis of the activities of institutions and bodies of the European Union within
the framework of comitology. In addition to the activities of the institutions and their structural divisions
the article includes analysis of the bodies of the European Union bodies: ECOSOC, the European Food Safety
Authority. The author provides analysis of the activities of the EU bodies and institutions, implementing the
competence of the EU in the sphere of consumer protection. Finally, the author draws a conclusion on the
presence of the developed system of institutions and bodies implementing the competence of the European
Union in the sphere of customer protection and on the combination of legislative norms regulating activities
and institutions of the EU in the sphere of customer protection.
Keywords: customer protection, the EU law, institutions, bodies, the European Commission, General Directorate, customer, competence, comitology, executive agency.
References:
Kashkin S.Yu. Pravo Evropeyskogo Soyuza. 3-e izdanie. Izdatel'stvo "Prospekt", M., 2013.
Herwig C.H. Hofmann,Gerard C. Rowe,Alexander H. Tür. Administrative Law and Policy of the European Union. Oxford University Press, 2011.
Entin L. M. Razdelenie vlastey: Opyt sovremennykh gosudarstv. Yurid. lit., M., 1995.
Reference:
Dvenadtsatova, T.I..
Final stage of creating a common energy market
of the EU: when strictness is a formula for success
// Actual problems of Russian law. – 2014. – ¹ 5.
– P. 959-969.
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Abstract: The article concerns the practice of the European Commission and the Court of Justice of the EU on
implementation of the “Energy Package” (mainly, the Third Energy Package) in order to point out the primary
role of the Commission and the Court of Justice of the EU in the formation of the united energy market of the
EU at its final stage. The author aims to show how the Commission in close cooperation with the Court of
Justice of the EU uses the coercive means towards states and companies so that they fulfill their obligations in
the power industry sphere. The author provides detailed descriptions of the number of cases against energy
companies or the EU Member States, which were initiated by the Commission, and some of them made it into
the Court of Justice. The conclusion is drawn that it is the strict approach of the European Commission and
principal position of the Court of Justice of the EU in the sphere of interpretation of the provisions of the EU
legislation in the sphere of power industry that guarantee the success of the formula for the formation of the
internal energy market of the EU in 2014.
Keywords: the European Union, TEP, implementation, competition, energy market, the European Commission, the Third Energy Package, liberalization, the EU Member States, the energy companies.
References:
Nicolò Sartori 'The European Commission vs. Gazprom: An Issue of Fair Competition or a Foreign Policy Quarrel?'//Instituto Affari Internazionali working papers 13 | 03 – January 2013/ISSN 2280-4331
Ispolinov A.S., Dvenadtsatova T.I. Sozdanie edinogo energeticheskogo rynka v ES: tikhaya revolyutsiya s gromkimi posledstviyami//Baltiyskiy region. 2013. ¹2. URL:http://cyberleninka.ru/article/n/sozdanie-edinogo-energeticheskogo-rynka-es-tihaya-revolyutsiya-s-gromkimi-posledstviyami.
Mel'nikova S.I. Dva goda somnitel'nogo sushchestvovaniya Tret'ego Energopaketa ES//http://www.eriras.ru/files/s-melnikova-dva-goda-somnitelnogo-sushhestvovaniya-tretego-energopaketa-es.pdf.01
Reference:
Trubacheva, K.N..
The legal fundamentals of the relations between the
European Union and the Republic of Belarus
// Actual problems of Russian law. – 2014. – ¹ 5.
– P. 970-974.
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Abstract: The European policy of good neighborliness relations is the special system of formation of international
relations between the EU and the third party states, which is an inalienable part of the foreign policy
of the EU. The legal basis for the EU policy of good neighborliness is formed by the so-called “hybrid agreements”,
which are concluded by the EU and the third party states. The said “hybrid agreements” have direct
influence upon the legal systems of both the EU and the third party state. Based on the above, the Court of
Justice of the EU has recognized them as inalienable part of the legal system of the EU. The methodological
basis for the studies was formed with both the general scientific methods for the cognition of the objective
reality and the special methods and means, characteristic for the legal sciences: dialectic, historical, structural
– legal, logical deduction and induction, systemic approach, etc. There was also need for the special
legal cognition methods, including comparative legal method, method of strategic evaluation, structural
legal method and statistical method. The scientific novelty and the conclusions of the article represent an
attempt to systematize and analyze the experience of the EU in the sphere of formation, regulation and
keeping a specific type of relationship with the Republic of Belarus. Special attention is paid to the analysis
of the legal provisions for the competence of the EU in the sphere of external activities toward the third
party states, the main directions of the regulation in this sphere. The novelty of the work is reflected in the
attempt of the author to uncover the existing shortcomings of the normative legal basis regulating the relations
between the EU and the Republic of Belarus.
Keywords: the European Union, the international relations, good neighborliness policy, hybrid agreement, the EU Treaty, the Eastern Partnership, the Republic of Belarus, the Third Party States, state, law.
References:
Koutrakos P. EU international relations law, Oxford: Oregon, 2006.
Trybus M. European security law. Oxford University Press, 2006.
Evropeyskiy Soyuz: osnovopolagayushchie akty v redaktsii Lissabonskogo dogovora s kommentariem / pod red. S.Yu. Kashkina. M.: Infra-M, 2008.
Kalinichenko P.A. Rossiya i Evropeyskiy Soyuz: dvustoronnyaya normativnaya baza vzaimootnosheniy. M.: Elit, 2011.
Pravo Evropeyskogo Soyuza. 4e izdanie. Uchebnik / Pod red. S.Yu. Kashkina. – M.: Yurayt, 2013.
Reference:
Mitrokhina, A.H..
Evolution of development of the European space
policy (legal aspects)
// Actual problems of Russian law. – 2014. – ¹ 2.
– P. 281-286.
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Abstract: The goal of the article is to describe historical legal aspects of development of the European space
policy. The historical legal aspect of the European space policy includes four stages of development: 1)
1950s – 1964 when the national space programs of the Western European states were formed; 2) 1964-
2003 when the unified European bodies for the space purposes were formed; 3) 2003-2007 when the relations
between the European Union and the European Space Agency; 4) 2007 till current period, when the
“new European space policy “was formed within the framework of the Lisbon treaty. It should be noted that
the Lisbon treaty played a key role in the development of the European space policy, distinguishing it as a
separate sphere. The persistent characteristic feature of the European space policy is its direction at the
civilian aspects of studies and use of space, and it is only in the late years, when the European space policy
started directing more attention towards the guarantees of international and regional security. In the last
sixty years there was a colossal development of the European space policy: from the development of space
activities at the national level in the Western European states to the formation of the European organization
with the special competence in the sphere of study and use of space, which currently holds leading positions
in the world, and the ESA has a goal to become an EU agency in the future.
Keywords: the European Union, the European Space Agency, the European Space Policy, the European space law, the Lisbon Treaty, the stages of development, evolution, the ESA, the EU, the ESA and the Russian Federation
References:
Andreev M. V., Biryukov P. N., Valeev R. M. i dr. Mezhdunarodnoe pravo. Osobennaya chast': ucheb-nik dlya vuzov. M., 2010.
Mezhdunarodnoe publichnoe pravo: uchebnik / Otv. red. Bekyashev K. A. M., 2005. – 784 s.
Kashkin S. Yu., Kalinichenko P. A., Chetverikov A. O. Vvedenie v pravo Evropey skogo Soyuza: uchebnik. M., 2010. – 464 s.
Evropeyskiy Soyuz: osnovopolagayushchie akty v redaktsii Lissabonskogo dogovora s kommen-tariyami / Otv. red. S. Yu. Kashkin M., 2008. – 698 s.
Fonten Paskal'. Evropa v 12 urokakh. M., 2006. – 63 s.
Dr. W. Brado. The European Space Agency: Example of a Successful Regional Cooperation // Journal of Space Law. Vol. 13. ¹2. P. 169-174.
Vago J., Gardini B., Kminek G., Baglioni P. ExoMars // ESA bulletin 126, May 2006. P. 17-23
Reference:
Kalinichenko, P.A., Mikhailova, S.A..
Evolution of the EU norms and standards in the sphere
of recognition and enforcement of the decisions on civil
cases
// Actual problems of Russian law. – 2014. – ¹ 1.
– P. 125-136.
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Abstract: This study is devoted to the evolution of normative provisions in the sphere of recognition and
enforcement of judicial decisions on civil cases, as developed in the European Union, which is an integration
organization of 28 European states. From the methodological standpoint, this article uses dialectic
method, historic legal and comparative legal methods based upon a systemic approach. The scientific
novelty of the study is defined by the fact that currently the EU has a broad competence in the sphere
of cooperation of judicial bodies of the Member States in civil, trade and family cases, as well as in the
issues of unification of civil procedural norms, as provided for by the Treaty on the Functioning of the
European Union among the provisions on the formation of the territory of freedom, security and justice
based upon the goals provided for by the paragraph 2 of the Art. 3 of the European Union Treaty.
The conclusions are the following. The modern mechanism of judicial protection in civil cases in the
EU passed several evolutionary stages in its development. At the first stage, which took place in 1960s
the European Communities employed solely international legal means for harmonizing the legislation of
the Member States in the sphere of jurisdiction, recognition and enforcement of judicial decision. The
second stage of development of judicial protection mechanism in the civil cases at the European level
started when the Amsterdam Treaty of 1999 came into force, and it is notable for the change in the
legal instruments employed by the European Union. It was a period of a substantive reform of the very
legal basis for the system of recognition and enforcement of judicial decisions at the European level. In
2000 the Brussels Convention I was substituted for the Brussels Regulation I. Finally, the modern stage
of development of the mechanism of judicial protection in the civil cases in the European law is characterized
with the development of the system based upon the combination of international legal and
European legal instruments for the harmonization of civil procedural law of the Member States. The
Lugano Convention (by the Lugano Convention II) and the Brussels Regulation I (Regulation N. 44/2001).
Keywords: the European Union, civil judicial procedure, harmonization, law, Brussels Regulation I, evolution, the EU, the Brussels Convention I, freedom, security, justice, the Lugano Convention II.
References:
Grazhdanskoe protsessual'noe pravo zarubezhnykh stran: Ucheb. 2-e izd., pererab. i dop. M: Pro-spekt, 2004.-S. 512.
Kalinichenko P.A. Evropeyskaya assotsiatsiya svobodnoy torgovli: pravovoy status i otnoshe-niya s Rossiey // Zakony Rossii: opyt, analiz, praktika. 2013. ¹ 2.-S. 24-27.
Mikhaylova S.A. Pravovoe regulirovanie sotrudnichestva sudebnykh organov po grazhdanskim, torgovym i semeynym delam v ramkakh Evropeyskogo Soyuza: diss. ... kand. yurid. nauk. M., 2012.-S. 161.
Chetverikov A.O. Normativnaya model' liberalizatsii transgranichnykh otnosheniy v prave Evropeyskogo Soyuza: pravovye formy i obshchie printsipy sozdaniya prostranstva bez vnu-trennikh granits v ramkakh ES. M. 2011.-S. 232.
Briggs. A., Rees. P., Civil Jurisdiction and Judgments. London: Informa UK Ltd. 2009-P. 534.
European Commentaries on Private International Law, Brussels I Regulation / Eds. U. Magnus, P. Mankowski. Sellier. Munchen: European Law Publishers.2007-P. 682.
Kruger T. Civil jurisdiction rules of E
Reference:
Arabey, E.A..
The definition of “consumer”
in the law of the European Union
// Actual problems of Russian law. – 2013. – ¹ 12.
– P. 1634-1640.
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Abstract: The article on definition of “consumer” in the European Union law concerns analysis of legal norms,
judicial practice and legal doctrine concerning this issue. The author provides analysis of a historic aspect of
formation of the term “customer” in the EU law. The author then points out plurality of definitions of “customer”
in the legislations of the EU, as well as the use of similar terms, such as “passenger”, “patient”. The
article analyzes characteristic features of a customer and customer deals, provides examples of the practice
of the Court of Justice of the European Union, which influenced the formation of the term “customer” and
classification of customer deals. The author also analyzes the differences in the approaches towards the term
“customer” in the national legislations of the EU Member States and in the supranational legislation of the
European Union. Finally, the author draws a conclusion on the substantial elements of the term “customer” in
the EU law and customer deals in the law of the EU.
Keywords: customer protection, customer deal, customer, passenger, patient, the law of the European Union, Directive, buyer, the Court of Justice of the European Union, physical person.
References:
Bourgoignie T. and Trubek T. Consumer Law, Common Market and Federalism // Berlin: De Gruyter, 1987 p. vi
Hondius E. The Notion of Consumer: European Union versus Member States. // Sydney Law Review, 2006 [28:89]
Reference:
Chetverikov, A.O..
Legal aspects of bilateral integration
of European states in the sphere
of international security guarantees:
the example of Franco-German Brigade
// Actual problems of Russian law. – 2013. – ¹ 8.
– P. 1031-1040.
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Abstract: The article is devoted to the analysis of legal status of a unique military formation, which was formed
on a bilateral basis by two largest EU Member States — the Franco-German Brigade. The author discusses the
general patterns of legal regulation of bilateral integration of the modern states in military and other spheres,
historical prerequisites and stages of Franco-German military cooperation, order of formation and functioning
of the Franco-German brigade, its inner structure and mechanism of its use in peace-making and other
military operations.
Keywords: jurisprudence, integration, national security, the European Union, military construction, the Franco- German Brigade, NATO, defense, the Eurocorps, military cooperation.
References:
Reference:
Kashkin, S.Y., Slepak, V.Y..
Organization mechanism for
the military operations
of the European Union as a guarantee
of national security
of the EU Member States
// Actual problems of Russian law. – 2013. – ¹ 7.
– P. 864-868.
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Abstract: The article includes analysis of the organization mechanism of the EU military operation, which is regarded
as a guaranteeing mechanism for the security of the EU Member States. The NATO mechanism or the
military staff of the «framework nation» (of one of the Member States) are often used. The authors provide
detailed analysis of the EU Military Committee and the EU Military Staff, the system of rapid reaction force.
The authors also provide detailed analysis of the novel features of control over military operations after the Lisbon Treaty, as well as of the components of the personal status of the military personnel. Then the authors
draw conclusions on specific features of organization of military operations In the EU.
Keywords: jurisprudence, national security, organization mechanism, military operations, contingent management, the NATO mechanisms, the framework nation, the EU Military Staff, the status of the armed forces, tactical groups.
References:
Reference:
Chetverikov, A.V..
The European Gendarmerie
as a new instrument for the protection
of national and international security
of the European Union member states
// Actual problems of Russian law. – 2013. – ¹ 7.
– P. 869-877.
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Abstract: The article is devoted to the legal bases of Integration of military police forces of the EU states (the national
gendarmerie forces), which resulted In the European Gendarmerie Forces. The article Includes analysis
of the historical prerequisites, stages of formation of the EGF and their current legal status, which Is based on
the Treaty establishing the EGF of October 18, 2007, which came into force on June 1, 2012. Much attention is
paid to the inner structure of the EGF, the order of their use for the peace-making operation, as well as interactions
between the EGF and the EU, and other universal and regional international organizations.
Keywords: jurisprudence, national security, European integration, the European Union, the gendarmerie, the peace-making, the common foreign policy and the EU security policy, army, police, the International Non- Governmental Organizations.
References:
Reference:
Kashkin, S.Y., Slepak, V.Y..
The key directions
of the Common Security
and Defense Policy as guarantees
of national security
of the EU Member States
// Actual problems of Russian law. – 2013. – ¹ 5.
– P. 614-618.
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Abstract: The article is devoted to the analysis of the Common Security and Defense Policy of the European
Union, which gains more and more standing lately. Its goal is to present this policy in an objective and contemporary
way in the light of the amendments by the Lisbon Treaty, which came into force in the end of 2009.
It shows the newest processes in the sphere of military and political integration in the EU, which are too often
left outside the scope of scientific studies. The authors evaluate the gradual formation of the united defense
system in the EU. They study the specific directions of military and political cooperation of the EU Member
States, their goals and mechanisms of legal regulation. They show the ways and means for the dispute resolution
and crisis management, application of military potential and the use of the so-called «soft force» by the
EU. The article also concerns the treaties among the EU Member States in this sphere, formation of the tactical
groups and activities of various missions. The analysis of civil operation in addition to military abilities of the
EU is also of interest for the authors of this article.
Keywords: jurisprudence, national security, CSDP, strategy, crisis situations, regulation, tactical group, civil operation, military potentials, Petersberg Tasks.
References: