Shugurov M.V. —
The EAEU Member States and the Green Climate Fund: prospects for coordinated cooperation in the field of climate finance
// International Law and International Organizations. – 2024. – ¹ 2.
– P. 12 - 50.
DOI: 10.7256/2454-0633.2024.2.71516
URL: https://en.e-notabene.ru/mpmag/article_71516.html
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Abstract: The subject of the study is the system of relations between the EAEU member states and the Green Climate Fund in the field of financial support for climate programs and projects. The purpose of the study is to substantiate the model of coordinated interaction between the EAEU member states and the Green Climate Fund as one of the directions of the Union's climate agenda. The study demonstrated that several EAEU member states (Kyrgyzstan, Kazakhstan and Armenia) are actively implementing programs and projects supported by the Fund, which not only relate to various sectors, but also to the formation of a mature climate policy of these states. This group of States is at the stage of transition to a mature institutional phase of interaction with the fund. The author examines in detail the climate policy and the state of climate finance in these states. It has been established that another group of EAEU states (Russia and Belarus) do not participate in the Foundation's projects, but maintain specific relations with it. The methodological base of the research includes the following methods and approaches: historical and comparative methods, a systematic approach, a method of discursive analysis, a predictive method. The main conclusion of the study is that despite the difference in relations between the EAEU states and the Fund as a whole, the Union's climate agenda involves interaction with the Fund at the integration level as an international track for positioning the Union. The essence of this track is to expand integration into interaction with the global climate finance system in general and its individual structures in particular. The novelty of the study lies in the fact that for the first time in a comparative way, at the level of a thorough and comprehensive scientific study, an analysis of the interaction of the EAEU states with the Fund was carried out. It has been established that the CCF, at the level of supported programs and projects, not only contributes to the improvement of the climate policy of the member states, but also contributes to the development of the base of climate technologies in the Eurasian space. The contribution of the article to the subject area of research is the prediction of the Fund's importance in the implementation of the EAEU climate agenda and support for integration climate projects.
Shugurov M.V., Pechatnova Y.V. —
The sanctions regimes of Germany and Great Britain in the field of international scientific cooperation with the participation of Russia: the political and legal nature and consequences
// International Law. – 2023. – ¹ 4.
– P. 1 - 35.
DOI: 10.25136/2644-5514.2023.4.44106
URL: https://en.e-notabene.ru/wl/article_44106.html
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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.
Shugurov M.V. —
International scientific and technical cooperation with Russia's participation in the space sphere under sanctions: results and prospects
// Politics and Society. – 2023. – ¹ 4.
– P. 14 - 35.
DOI: 10.7256/2454-0684.2023.4.69123
URL: https://en.e-notabene.ru/psmag/article_69123.html
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Abstract: The article analyzes the anti-Russian sanctions regime imposed by Europe and the United States in the field of space cooperation. As a result, space became involved in a geopolitical confrontation, which was not observed during the Cold War. The purpose of the article is to understand the features and consequences of the sanctions regime in relation to international scientific and economic cooperation with Russia's participation in the space sphere. The article claims that the sanctions regime in the space sphere of international cooperation is characterized by specifics. It consists in supplementing Western sanctions with measures that Russia has taken on its part to withdraw from some international scientific and technical projects. Special attention was paid to the study of the negative consequences of sanctions, which consist in complicating the synergy of efforts so necessary to make a cardinal breakthrough in the space sphere in the interests of all mankind. General scientific methods of analysis and synthesis, abstraction and generalization were used. This made it possible to move from diverse empirical data to theoretical generalizations about the nature and models of sanctions regimes against the Russian space industry and space science. In addition to this, a comparative approach was used, as well as a modeling method and a forecasting method. The novelty of the study lies in the fact that in it the event analysis of the confrontation in the context of the "sanctions – counter-sanctions" bundle is built in the context of the theory of sanctions in the field of science and technology. In addition, the problems of Western sanctions in relation to Russia's participation in international cooperation are shown against the background of an objective trend of fragmentation of international cooperation in the field of space.
The main conclusion of the work is the position on the radicalism of Europe in severing ties with Russia and the cautious approach of the United States. It is demonstrated that considering the current situation through the prism of the concept of scientific and technical isolation of Russia in the space sphere is an exaggeration. The study showed that the damage caused by sanctions and counter-sanctions in relation to the Russian space industry, as well as in relation to world cosmonautics and space science is not catastrophic. At the same time, the current situation stimulates Russia's proactive scientific and technical policy at the national and international levels.
Shugurov M.V. —
The European Union's sanctions regime against Russian science
// International Law and International Organizations. – 2023. – ¹ 4.
– P. 22 - 45.
DOI: 10.7256/2454-0633.2023.4.69177
URL: https://en.e-notabene.ru/mpmag/article_69177.html
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Abstract: Unprecedented unilateral restrictive measures against Russia's participation in international scientific and technical cooperation (scientific sanctions) have become an integral part of the modern European sanctions policy. The subject of the article is the EU sanctions regime against Russian science, which implements an appropriate policy aimed at ending the participation of Russian scientific institutions and organizations in projects implemented within the framework of EU scientific programs. The purpose of the article is to reveal the content and model of the EU sanctions regime against Russian science. The hypothesis of the study is the position that the model of the sectoral sanctions regime under consideration combines general and specific points. The article argues that the specified sectoral sanctions regime of the EU is autonomous in nature and does not represent something derived from scientific sanctions imposed by member States. General scientific methods of analysis and synthesis, abstraction and generalization were used. This made it possible to move from diverse empirical data to theoretical generalizations about the nature and model of the EU sanctions regime against Russian science. In addition, historical and comparative approaches were used, as well as a modeling method. The article substantiates the conclusion about the contradictory nature of the value and legal foundations of this regime, which is reflected in the lack of unity of views of European expert circles regarding the degree of rupture of scientific ties with Russia. The author substantiates that the massive and, by historical standards, sudden introduction of scientific sanctions in 2022, forming a special sanctions regime, is not the result of certain difficulties that occurred earlier in Russian-European scientific cooperation. On the contrary, it is a systematically motivated destruction of the bridges of scientific diplomacy created after the Cold War. A negative consequence of the functioning of this regime was a decrease in the degree of internationalization of Russian science and its ability to contribute not only to solving applied problems of national socio-economic development, but also to solving global problems of our time. The novelty of the study lies in the fact that for the first time in the scientific literature, structural subsystems of the EU scientific sanctions regime are identified, as well as their additional identification features are characterized.
Shugurov M.V., Kolodub G.V. —
CERN's sanctions regime against Russian science: nature, features and consequences
// World Politics. – 2023. – ¹ 4.
– P. 32 - 56.
DOI: 10.25136/2409-8671.2023.4.69270
URL: https://en.e-notabene.ru/wi/article_69270.html
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Abstract: The subject of the article is the process of forming the CERN sanctions regime regarding Russia's participation in global scientific megaprojects in the field of theoretical physics. The purpose of the article is to reveal the content and organizational mechanism of CERN sanctions aimed at ending institutional cooperation with Russia. The objectives of the study include determining the algorithm of the long-term bilateral strategic partnership between Russia and CERN; revealing the grounds and logic of CERN's unilateral termination of promising cooperation with Russia, as well as predicting the negative consequences of sanctions. The authors pay special attention to testing the research hypothesis that CERN's anti–Russian sanctions policy is based on a combination of, on the one hand, politicized principles, and, on the other, extreme prudence, which resulted in the "stretching" of the measures taken over time and their focus on taking into account the current geopolitical situation. This indicates the incompleteness of the transition from the logic of scientific diplomacy to the rigid logic of sanctions, which makes it possible to predict the preservation of some elements of scientific diplomacy in relations between CERN and Russia. The methodological base of the research includes traditional methods and approaches (analysis and synthesis, abstraction and generalization; modeling; forecasting; the general scientific principle of dialectical development; a systematic approach), as well as new methods (meta-analysis, discursive analysis, stochastic factor analysis). It is concluded that CERN's sanctions policy, based on an appeal to value motivations, is characterized by flexible consideration of the current geopolitical situation and the gradual nature of the restrictive measures taken. The research hypothesis about the preservation of a certain potential of scientific diplomacy in relations between CERN and Russia has been confirmed in the work. This is reflected in the continuation of cooperation and fulfillment of obligations under existing bilateral agreements. It is proved that, by their nature, CERN sanctions belong to an independent category of sanctions against Russian science, which are imposed by international structures operating in the field of megascience. The novelty of the research lies in the actualization of the need to develop a special direction of Russian scientific and technical policy aimed at mitigating the consequences of sanctions complications in relations with international organizational structures in the field of megascience.
Shugurov M.V., Mozzhilin S.I. —
Understanding the Religious-Mystical Experience within the Framework of Analytical Psychology: Refraction of the Universalist Paradigm
// Philosophical Thought. – 2023. – ¹ 2.
– P. 64 - 101.
DOI: 10.25136/2409-8728.2023.2.39749
URL: https://en.e-notabene.ru/fr/article_39749.html
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Abstract: The subject of the research is the approach of analytical psychology to understanding the content and meaning of mystical experience represented by religious and esoteric traditions. The purpose of the presented article is to reveal the content, directions and results of the conceptualization of religious-mystical experience within the framework of the psychological theory of religion characteristic of analytical psychology, as well as the justification of the universalist paradigm as the basis of this conceptualization. The authors consider in detail the mystical aspects of both analytical psychology itself and the psychological theory of religion formulated within its framework. Special attention is paid to the role of individual mystical and religious experiences of C.G. Jung himself as the empirical basis of this theory. The main conclusions are the theoretical provisions that, unlike religious studies, analytical psychology, involving theology and new religious movements in dialogue, aims to solve the practical problem of resolving the spiritual crisis of modernity on the basis of a new interpretation of mental health achieved with the help of appropriate psychoanalytic practices leading a person to revive his mystical experience, which has a syncretic and trans-confessional nature. A special contribution of the research is the substantiation of the position that the approach of analytical psychology to the phenomenon of religious-mystical experience correlates with the universalist paradigm in religious studies, according to which all mystical traditions, both religious and non-religious, contain certain invariants. A generalization is formulated according to which the result of the implementation of this kind of universalism on the part of analytical psychology was the erosion of the classical Christian mystical tradition, at least its Western Christian version, which led to the replacement of the latter with new mystical practices in line with new religious movements.
Shugurov M.V. —
Political and Legal Mechanisms of Interaction between the EAEU and its Member States and UNIDO in the Scientific, Echnical, Industrial and technological Spheres
// International Law and International Organizations. – 2022. – ¹ 4.
– P. 34 - 81.
DOI: 10.7256/2454-0633.2022.4.39227
URL: https://en.e-notabene.ru/mpmag/article_39227.html
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Abstract: The subject of the study is the international legal cooperation of the EAEU and its member states, on the one hand, and UNIDO, on the other, in the scientific, technical, industrial and technological spheres in the context of the challenges of the Fourth Industrial Revolution. The purpose of the article is to determine the content of the political and legal mechanisms of cooperation between the EAEU and its member states with UNIDO, represented by political, organizational, legal and regulatory legal instruments. The relevance of the article is determined by the fact that, taking into account the development of industry against the background of modern challenges, there is an objective need for cooperation with international organizations operating in the industrial sphere and having knowledge and experience in promoting industrial development and updating the technological base. As a result of the conducted research, the relevance of cooperation between the EAEU and its member states with UNIDO in the scientific, technical, industrial and technological spheres is substantiated in the light of the strategic guidelines of the EAEU and its states in the field of reindustrialization. The author revealed the content of the political and legal mechanism of interaction of the EAEU member states with UNIDO and at the same time determined the specifics of the content of the political and legal mechanism of interaction between the EAEU and UNIDO. The novelty of the research lies both in the systematization of data on the international legal cooperation of the EAEU and UNIDO in the scientific, technical, industrial and technological spheres, and in the development of proposals for improving its political and legal mechanism, which is not only theoretical, but also practical.
Shugurov M.V. —
The Eurasian Development Bank as a mechanism of scientific and technological integration within the framework of EAEU: legal aspects
// International Law. – 2022. – ¹ 1.
– P. 1 - 28.
DOI: 10.25136/2644-5514.2022.1.37236
URL: https://en.e-notabene.ru/wl/article_37236.html
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Abstract: The subject of this research is the legal and cognate framework strategic aspects of the Eurasian Development Bank (EDB) as the key regional financial and investment institution that lend support to integration projects in the industrial sector in the countries of operations on a priority basis. The goal of this research lies in the conceptually systematization of the framework strategic and legal grounds of the activity of the Eurasian Development Bank as the mechanism for the development of cooperation between EAEU member-states in the sphere of technological modernization of the economy and manufacturing of high-tech and science-driven products based on the cooperation projects with integration component. The author analyzes the instruments that are part of law of the Bank and determine its engagement in the integration processes in the industrial, agricultural and energy spheres, which suggest technological modernization. The conclusion us made that the current project and related analytical work of the EDB is in line with the trends of operation of the multilateral development banks, as well as correlated the requirement for increasing global competitiveness of the EAEU. The novelty of this research consists in comprehensive examination of the system of legal instruments aimed at implementation and strengthening of the potential of the Eurasian Development Bank as one of the mechanisms of industrial and technological integration within the EAEU. The author’s main contribution consists in argumentation of the position that overcoming systemic problems that persist in the activity of the EDB, with the support of the national governments and national institutions of development, as well as active cooperation with the Eurasian Economic Commission, would most positively affect the intensification of the processes of industrial and technological cooperation and turning the EAEU into one of the most influential integration associations in modern world.
Shugurov M.V., Duplinskaya Y.M. —
Apophatic model of the philosophy of religion of S. L. Frank and Christian religious-mystical experience: fundamentals and results of interdisciplinary synthesis
// Philosophical Thought. – 2022. – ¹ 1.
– P. 34 - 72.
DOI: 10.25136/2409-8728.2022.1.37431
URL: https://en.e-notabene.ru/fr/article_37431.html
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Abstract: The subject of this research is the approach of S. L. Frank towards the study of the religious-mystical experience of Christianity based on the conceptual matrix of "wise ignorance" and phenomenological method, which underlies the metaphysical system in his philosophy of religion. The authors examine in the specificity of philosophical mysticism of S. L. Frank and points of its intersection with the Christian religious-mystical experience. The unfolding of phenomenological approach to in-depth layers of the religious-mystical experience of Christianity means the functionality of philosophical reflection within the universal paradigm of Christianity, and thus, the characteristic archetype of religious-mystical experience. Special attention is given to the role of individual mystical-religious experiences of the philosopher and their rational categorization in creating his philosophical system. The main conclusions lie in theoretical provisions that Frank's philosophy of religion, outlined by him as a philosophical mystical theology, became the platform for the apophatic model of "wise ignorance", which led to theoretical reflection of the profound layers of not only mystical-philosophical, but also the religious-mystical experience of Christianity. The authors’ contribution lies in substantiation of the statement that the peculiarity of mystical-theological phenomenology of S. L. Frank is that it represents a version of contemplative mysticism and cannot be viewed as a special philosophical reflection on the diversity of Christian mysticism and the model of Christian mystical theology, which in no way detracts from the interdisciplinary nature of generalizations of the philosopher. The novelty of this article consists in explication of the philosophy of religion of S. L. Frank as a system of conceptual representations, which based on the model of apophatic "sophisticated ignorance", reflects the essential component (archetype) of the Christian religious-mystical experience underlying its diversity and divergence.
Shugurov M.V. —
Legal policy of the European Union against counterfeiting in the conditions of Digital Single Market
// International Law. – 2021. – ¹ 4.
– P. 1 - 28.
DOI: 10.25136/2644-5514.2021.4.36846
URL: https://en.e-notabene.ru/wl/article_36846.html
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Abstract: The subject of this research is the legal policy of the European Union against counterfeiting in the conditions of functioning of the Digital Single Market. The goal is to determine the content and patterns of development of this policy from the perspective of combining traditional and innovative measures and initiatives aimed at prevention of trafficking of counterfeit goods in the digital environment. Special attention is given to the analysis of the key factors of formation formation of this policy, taking into account the implementation of the Strategy of the Digital Single Market. The author analyzes the dynamics of application of the organizational-legal mechanisms for combating counterfeiting, and the multi-stakeholder approach that lies beneath them. Separate section of the article is dedicated to establishment of the principles of using voluntary measures on prevention and suppression of the trafficking of counterfeit goods in the digital environment. The conclusion is made that the theoretical provisions indicating that the EU anti-counterfeit policy is aimed the development of supranational block of legal instruments related to the sphere of intellectual property law and customs regulation, and represents a system of comprehensive actions, each of which is implemented depending on the thematic agenda reflecting the strategic intentions for action. The author’s special contribution lies in determination of the patterns of transition towards the regime of responsibility of online platforms that allow posting the offers of counterfeit products. The novelty of this article consists in demonstrating the effective combination of non-legislative and legislative measures used on the supranational level for protecting intellectual property in the conditions of the development of digital environment.
Shugurov M.V. —
Industrial and technological cooperation in pharmaceutical sector within the framework of EAEU: development of the model of legal regulation
// International Law and International Organizations. – 2021. – ¹ 4.
– P. 89 - 125.
DOI: 10.7256/2454-0633.2021.4.37154
URL: https://en.e-notabene.ru/mpmag/article_37154.html
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Abstract: The subject of the study is the legal aspects of the development of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector aimed at ensuring import substitution and going global through reinforcement of export potential. The goal of this article lies in elaboration of the conceptual model of legal regulation of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector. The author explores the global challenges faced by the pharmaceutical sector of the EAEU countries, framework regulation of its technological modernization on the national level, questions of formation of the system of strategic and legal grounds of industrial and technological modernization of the sector within EAEU, as well as the mechanisms which legal regulation would contribute to building the technological and industrial capacity. The conclusion is made that the legal model of industrial and technological integration in pharmaceutical sector is represented by the structured system of legal grounds that reflects the structure of the legal structure of EAEU and is similar to the legal models of other vectors of industrial and technological integration. It implies the combination of international treaty framework and provisions contained the legislative acts of the EAEU. The novelty of this work lies in comprehensive analysis of legal issues of theoretical and applied nature that emerge in the process of this vector of integration. The author’s special contribution consists in modeling the legal space of sectoral integration and forecasting the trajectory of its further development.
Shugurov M.V. —
Industrial and scientific-technological integration of the EAEU member-states in the area of remote sensing of the Earth: legal and program framework
// International Law and International Organizations. – 2021. – ¹ 2.
– P. 1 - 42.
DOI: 10.7256/2454-0633.2021.2.35403
URL: https://en.e-notabene.ru/mpmag/article_35403.html
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Abstract: The subject of this research is the legal framework for scientific-technological and industrial cooperation of the EAEU member-states in the area of remote sensing of the Earth, reflected in the provisions of international agreements and acts of the Union bodies. Emphasis is placed on the analysis of the legal nature of the EAEU transnational program for the creation of an integrated remote sensing system, characterized by the author as a promising organizational legal instrument for cooperation and integration. Special attention is given to the factors of its successful implementation. The research is conducted in the context of theoretical and practical aspects of strategic integration of the EAEU in the space sector. The novelty consists in substantiation of the fact that in the conditions of specific state of legal regulation of cooperation of the EAEU member-states in the space sector, the leading role in the mid-term perspective would be played by program control. In turn, it would contribute to the systematic development of general, as well as special legal framework for cooperation in the space sector. The author’s main contribution consists in pursuing correlation between the system of legal and program framework for cooperation in the area of remote sensing of the Earth and the legal model of EAEU, as well as the legal model of scientific-technological and industrial integration.
Shugurov M.V. —
Trends and prospects for the development of regional scientific and technological integration in the context of EAEU Digital Agenda: political-legal framework
// Law and Politics. – 2020. – ¹ 9.
– P. 119 - 142.
DOI: 10.7256/2454-0706.2020.9.43363
URL: https://en.e-notabene.ru/lamag/article_43363.html
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Abstract: The subject of this article is trends and avenues for the digital transformation of scientific and technological, as well as innovation cooperation of the EAEU member-states. Systematic research is conducted on the changes in its content within political-legal framework of implementation of Digital Agenda of the Eurasian Economic Union. The author reveals the new challenges of EAEU policy in the area of science, technology and innovations, as well as ecosystem questions of scientific and technological integration in the context of transition towards the Industry 4.0. The key instruments of digitalization of scientific and technological integration are presented by the digital platforms and communication, which form the shared digital scientific and technological space of EAEU. The conclusion is made that the formation of a “digital” union and its accession into the era of industry 4.0. largely depends on the level of digital transformation of scientific and technological integration. The author’s special contribution consists in the statement that the solution of large-scale task on creation of ecosystem of digital scientific, technological and innovative space based on functionality of the corresponding institutions and digital infrastructure objects represents a new aspect of cooperation, which suggests further development of strategic and legal grounds of the aforementioned sectoral digital transformation. The explored by the author vector of development of scientific and technological integration may serve as the methodological framework for a set of measures established by the Chapter “Territory of Innovations” of the Declaration on Further Development of Integration Processes within the Eurasian Economic Union of December 2018, with emphasis on the implementation of EAEU Digital Agenda.
Shugurov M.V. —
New era of uncertainties: COVID-19 and its impact on Brazil
// Politics and Society. – 2020. – ¹ 4.
– P. 50 - 81.
DOI: 10.7256/2454-0684.2020.4.34137
URL: https://en.e-notabene.ru/psmag/article_34137.html
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Abstract: This article is aimed at the analysis of social and economic consequences on the novel COVID-19 in Brazil. Brazil has faced multiple problems in fighting pandemic that negatively affected millions of people around the world. The goal of this research lies in determination of the problems that were illuminated by the pandemic in Brazilian society. Analysis is conducted on the consequence of pandemic for Brazil, namely with regards to minorities that rely on the government aid, and the system of public healthcare overall. The article also indicates the mistakes made by the current authorities during pandemic, when due to lack of organization, multiple institutions could not render basic help to reduce the consequences of the chaotic situation faced by the country. As the largest country in South America, Brazil struggled the most in the region; therefore, studying the impact of COVID-19 upon the socioeconomic system of the country is a relevant topic. The article explores the official database and media materials to acquire information on the responsive measures of the government in such sectors as employment, education and healthcare. The scientific novelty consists in the comprehensive analysis of information that demonstrate the impact of pandemic upon the lives of millions of people in Brazil.
Shugurov M.V., Shugurova I.V. —
Scientific and educational integration of the EAEU as a factor of technological modernization: legal and organizational questions
// International Law and International Organizations. – 2020. – ¹ 3.
– P. 37 - 68.
DOI: 10.7256/2454-0633.2020.3.34167
URL: https://en.e-notabene.ru/mpmag/article_34167.html
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Abstract:
The subject of this article is the state and prospects of integration of the EAEU member-states in the scientific and educational sphere, as well as the level of its curriculum-strategic, organizational and legal support. The authors gradually explore the problematic of professional competences in the conditions of transition to Industry 4.0, including the competencies of scientific and technical staff, the formation of which is currently shifting onto the center of scientific and technological cooperation. Special attention is given to the analysis of the dimension of compliance of national legislations of the EAEU member-states in the area of legal regulation of their international cooperation with regards to of education and science. Special examination was conducted on the state of institutional support of the scientific and educational integration. The novelty of this work consists in the conceptual substantiation of scientific and educational integration as fundamental aspect of scientific and technological integration, which is aimed at ensuring technological modernization of the economy. The authors address the key issues of the objective agenda of scientific and educational integration, as well as substantiate the need for establishment of the shared space for EAEU member-states in the area of science, education, technology and innovations. The main conclusion lies in the statement that successful cooperation between the EAEU member-states in the indicated sphere suggests not only the development of the institutional framework, but also the need for development of EAEU legislation in the area of scientific and educational cooperation, which is possible only in case of inclusion of scientific and educational questions into the integration agenda. This may find reflection in elaboration of the specific framework for strategic regulation, as well as in inclusion of the corresponding provisions Into the Treaty on Eurasian Economic Union, which can be extended to the special Protocol or a separate international agreement. All of the listed above is directly or reversely related to alignment of national policies of the member-states and harmonization of national legislations.
Shugurov M.V. —
Modernization paradigm of EU copyright law in the context of digital economy
// International Law. – 2019. – ¹ 4.
– P. 1 - 26.
DOI: 10.25136/2644-5514.2019.4.30788
URL: https://en.e-notabene.ru/wl/article_30788.html
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Abstract: The subject of this research is the conceptual grounds of modernization of the EU copyright in the conditions of digitalization of the economy that specify logics of the ongoing reforms in this sphere. The author elaborates on the characteristics of the overall state of misbalance of EU copyright law, as well as the analysis of its technogenic causes. Special attention is turned to the involvedness of reformatory efforts on adaptation of copyrights and related rights into a broader context of the policy of formation of the Digital Single Market within the framework of EU digital agenda. The main conclusion of this research lies in the thesis that the modernization paradigm of EU copyright law represents a synthesis of fundamental approaches, goals and values. Firstly, it suggests finding balance between the protection of rights and interests of the right holders on one hand, and simplifying the user access to the protected content in cross-boundary aspect on the other. Secondly, it vectors towards harmonization of economic growth and cultural development. Thirdly, the modernization of copyright law from the strategic perspective is viewed as a method of defusing social tension between the various groups of interests. The scientific novelty of this work consists in substation of possibilities of the transition of information society to a whole new level based on digitalization of the copyright law.
Shugurov M.V. —
Activity of the Global Environment Facility in facilitation of international transfer of climate technologies: legal and program-strategic framework
// International Law and International Organizations. – 2019. – ¹ 4.
– P. 16 - 43.
DOI: 10.7256/2454-0633.2019.4.31805
URL: https://en.e-notabene.ru/mpmag/article_31805.html
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Abstract: The subject of this research is the international legal and program-strategic framework of activity of the Global Environment Facility (GEF) in promoting the international transfer of climate technologies through the support of projects and programs in the context of global climate regime. Attention is focused on the description of the activity of GEF as operating entity of financial mechanism in United Nations Framework Convention on Climate Change that facilitates execution of the international legal obligations on technologies transfer enshrined therein. Attention is paid to characteristics of the acts of “soft” international law, as well as the role of program and strategic instruments that specify the vector of this field of activity of GEF. The conclusion is made that the existing ramified regulatory base allows the Global Environment Facility to promote the transfer of climate technologies and increase its efficiency. The author is first within the national literature to systematically describe the scale of the activity of GEF in the area of international transfer of climate technologies and its regulatory framework. The novelty consists in revealing the comprehensive nature of such facilitation, which consists in combination of financial and technical support.
Shugurov M.V. —
EAEU: integration dynamics in the sphere of intellectual property within the context of digital transformations
// International Law and International Organizations. – 2019. – ¹ 3.
– P. 1 - 23.
DOI: 10.7256/2454-0633.2019.3.30405
URL: https://en.e-notabene.ru/mpmag/article_30405.html
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Abstract: The subject of this research is the development of integration cooperation between the EAEU member-states in the area of protection, management and commercialization of the rights to intellectual property through the prism of formation of the regional intellectual property law of this international organization. The author describes the characteristics of intellectual property as one of the vectors of integration, as well as analyzes the results of integration processes in this sphere achieved over the period from 2014 to 2019. Special attention is turned to revealing the prospects for such cooperation within the framework of implementation of digital agenda. Analysis of the dynamics of integration processes is based on the principle of development, as well as system-structural approach. The historical-legal along with the formal-dogmatic method allowed reveling the content of legal results of the first quinquennial stage of integration. The main conclusion lies in the conceptual provision that currently the integration of EAEU member-states in the sphere of intellectual property is substantiated by the relevance for responding to global challenges, one of which is digitalization of the economy and various fields of social life. The author’s main contribution into studying of integration processes in the sphere of regional space of international property law is defined by conceptualization of the development of integration processes with regards to intellectual property from the perspective of its expansion, as well as advancement of new priorities in the conditions of digital transformation. The scientific novelty lies in substantiation of the prospects of using digital technologies for managing the life cycle elements of the rights to intellectual property as a potential object of cooperation in the format of integration.
Shugurov M.V. —
International political legal mechanism of switching to the models of rational consumption and production: new framework for technology transfer
// International Law. – 2018. – ¹ 4.
– P. 1 - 23.
DOI: 10.25136/2644-5514.2018.4.26918
URL: https://en.e-notabene.ru/wl/article_26918.html
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Abstract: The subject of this research is the decennial framework of the program on rational models of consumption and production as a mechanism that allows integrating the international transferring of environmentally friendly technologies into the framework of social ideal stipulated by the agenda in the area of sustainable development until 2030. The author gives the detailed characteristic to the models of rational consumption and production as the foundation for sustainable development, traces their formulation and development in the context of global political process in the area of sustainable development, and most importantly, analyzes their impact on the determination of goals of the international legal regulation of technologies, including the need for overcoming the technology gap. In the course of this research the author applied the comparative legal method that allows establishing the link between the international political documents and legislative acts in the area of ensuring the transition to sustainable development and assistance in technology transfer. The main conclusion lies in the statement that the decennial framework represent the mechanism for reaching the goal of sustainable development No. 12, which creates the conceptual space for the scope of political obligations in the sphere of international technology transfer. The scientific novelty lies in substantiation of the fact that the examined mechanism of international cooperation allows integrating the transfer of “sustainable” technologies into the context of realization of the social ideal, which suggests the universal implementation of the rational models of consumption and production.
Shugurov M.V. —
World Bank: assistance to knowledge distribution and technology transfer for the purpose of sustainable development
// International Law. – 2018. – ¹ 2.
– P. 1 - 15.
DOI: 10.25136/2644-5514.2018.2.26901
URL: https://en.e-notabene.ru/wl/article_26901.html
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Abstract: The subject of this research is the activity of World Bank in the area of knowledge distribution and technologies essential for ensuing the transition to sustainable development. The author carefully analyzes the transformation of agenda of the World Bank’s activity due to inclusion of policy objectives stipulated by the Agenda for Sustainable Development for the period until 2030, along with the tasks 17.6-17.8 providing the activation of international cooperation regarding the development and transfer of environmentally friendly technologies. The systemic approach allows demonstrating the assistance to development and transfer of knowledge and technologies as an independent subsystem in terms of the common thematic space of operation of the World Bank. The comparative legal method determined the specificity of the World Bank’s mandate in the area of knowledge distribution and technology transfer in comparison with other international organizations. The dogmatic legal method was applies for examination of the bases of implementation of political commitments on development and transfer of technologies. The author concludes that the assistance of World Bank in development and transfer of technologies for the purpose of sustainable development is realized in two forms: the first one is the distribution of knowledge about the new technologies, as well as the mechanism of their transfer, which contributes to capacity building in the field of technology transfer as a ling of innovative cycle; the second one is the assistance to the world economic development (trade, investments) that creates a favorable climate for distribution of the “sustainable” technologies. The scientific novelty consists in demonstration of the vectors of World Bank’s activity on interlinking the scientific progress and the sustainable development.
Shugurov M.V. —
International law regime of technology transfers for support of sustainable farming: content and strategic foundations (within the frameworks of the scientific project No. 17-03-00400 supported by Russian Foundation for Basic Research)
// International Law. – 2017. – ¹ 4.
– P. 31 - 53.
DOI: 10.25136/2644-5514.2017.4.24274
URL: https://en.e-notabene.ru/wl/article_24274.html
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Abstract: The object of this research is the international legal grounds of international technology transfers that ensure the shift of the agriculture towards the trajectory of sustainable development. The author examines the combination of general issues of international character, upon the solution of which is aimed the international legal regulation of technological cooperation of the states. The article also meticulously reviews the provisions of the framework international documents of political legal character, that are directly or invertedly associated with the international agreements that establish the regime of transfer of the agricultural technologies in the context of achieving the goals of sustainable development. A significant place in this study belongs to the analysis of the varieties of transferred technologies, as well as demonstration of the actual mechanisms that can lead the cooperation of the states and all interested partied to the efficient execution of the international legal obligations in the examined sphere. The scientific novelty lies in the system disclosure of the international legal norms and mechanism that comprise the content of the international legal regime of technology transfers, as well as determination of its complex character. The author concludes that despite the certain fragmentarity, such regime depends on the synergetic execution of the international legal obligations pertinent to the other means of ensuring the sustainable development – financing, formation of potential, and development of global trade.
Shugurov M.V. —
Correlation between law and human rights: philosophical legal understanding
// Law and Politics. – 2017. – ¹ 3.
– P. 46 - 61.
DOI: 10.7256/2454-0706.2017.3.22130
URL: https://en.e-notabene.ru/lpmag/article_22130.html
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Abstract: The subject of this research is the dynamic of correlation between the law as one of the fundamental normative system and the phenomenon of human rights and freedoms. Such dynamic is subject to the philosophical legal analysis, considering the specificity of philosophical legal knowledge. At the same time, the research is conducted at the intersection of the general philosophy of law and philosophy of human rights. The author carefully examines the possible models of their interaction – conflicts and harmonious. Special attention is given to clarification of the trends in development of law, as well as trends in development of human rights under the existing circumstances as a mandatory requirement for the reasonable and objective analysis of the aforementioned interrelation. As the starting point, the article applies generalizations formulated within the framework of the philosophy of human rights. Systemic analysis of the correlation between the law and human rights suggested to be considered as independent thematic space of the philosophy of law and philosophy of human rights that complements and enriches the list of fundamental questions of the philosophy and theory of law (correlation between law and morality, law and society, etc.). The scientific novelty lies in the fact that this research is the first to propose a multi-aspect approach towards the correlation between law and human rights as a separate philosophical legal issue, which amplifies such traditional questions of the philosophy of human rights, as the source of rights, their normative contents, philosophical substantiation, etc. The author concludes that the condition of the legitimacy of law consists in its compliance with the human rights, which in turn, must adhere not just to the principles of law, but also the principles, ideals, and values of the morality. The analyzed correlation was viewed through the currently relevant dichotomy of “universalism and relativism”.
Shugurov M.V. —
International transfer of technology in the sphere of sustainable forest management: international legal principles (the work is supported by the Russian Foundation for Basic Research, project No 17-03-00400)
// Agriculture. – 2017. – ¹ 3.
– P. 9 - 32.
DOI: 10.7256/2453-8809.2017.3.23719
URL: https://en.e-notabene.ru/sh/article_23719.html
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Abstract: The research subject is the set of international legal obligations in the sphere of international cooperation in transfer of technologies for sustainable forest management in the context of realization of the sustainable development strategy. The author considers the general system problems of sustainable forest management and the problems faced by developing countries, particularly – the need to form and develop technological potential, which helps harmonize economic, ecological and social dimensions of development. Special attention is given to the development of international politics in the sphere of transfer of eco-friendly technologies in forest management. It is based on international legal obligations contained in international program strategical sources and agreements. The author proves that intersectoral nature of international forest policy is its peculiarity. It determines the peculiarities of international transfer of the related technologies. The research methodology is based on the system approach, which helps reconstruct the diverse set of international legal principles of international transfer of forest technologies. These principles solve the problems of transition to sustainable use of forests. Besides, the author uses the principle of historicism, which helps study the evolution of policy of international transfer of technology in the forest sector. The author uses the comparative method to analyze the specificity the international regime of transfer of forest technologies compared to the international transfer of technology in other sectors included in the sustainable development agenda. The scientific novelty of the work consists in the analysis of international legal principles of international politics in transfer of forest technologies. The author’s special contribution is the conclusion about the need to focus on the issues of scientific research and development and transfer within the International Arrangement on Forests and especially the UN Forum on Forests. The author emphasizes the importance of convergence of new technologies, on the one hand, and the traditional knowledge of indigenous people, on the other.
Shugurov M.V. —
Correlation between law and human rights: philosophical legal understanding
// Law and Politics. – 2017. – ¹ 3.
– P. 46 - 61.
DOI: 10.7256/2454-0706.2017.3.43037
URL: https://en.e-notabene.ru/lamag/article_43037.html
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Abstract: The subject of this research is the dynamic of correlation between the law as one of the fundamental normative system and the phenomenon of human rights and freedoms. Such dynamic is subject to the philosophical legal analysis, considering the specificity of philosophical legal knowledge. At the same time, the research is conducted at the intersection of the general philosophy of law and philosophy of human rights. The author carefully examines the possible models of their interaction – conflicts and harmonious. Special attention is given to clarification of the trends in development of law, as well as trends in development of human rights under the existing circumstances as a mandatory requirement for the reasonable and objective analysis of the aforementioned interrelation. As the starting point, the article applies generalizations formulated within the framework of the philosophy of human rights. Systemic analysis of the correlation between the law and human rights suggested to be considered as independent thematic space of the philosophy of law and philosophy of human rights that complements and enriches the list of fundamental questions of the philosophy and theory of law (correlation between law and morality, law and society, etc.). The scientific novelty lies in the fact that this research is the first to propose a multi-aspect approach towards the correlation between law and human rights as a separate philosophical legal issue, which amplifies such traditional questions of the philosophy of human rights, as the source of rights, their normative contents, philosophical substantiation, etc. The author concludes that the condition of the legitimacy of law consists in its compliance with the human rights, which in turn, must adhere not just to the principles of law, but also the principles, ideals, and values of the morality. The analyzed correlation was viewed through the currently relevant dichotomy of “universalism and relativism”.
Shugurov M.V. —
Metamorphoses of freedom in the context of spiritual crisis
// Philosophy and Culture. – 2016. – ¹ 6.
– P. 851 - 864.
DOI: 10.7256/2454-0757.2016.6.17568
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Abstract: The subject of this research is a detailed analysis of the correlation between such fundamental philosophical categories as freedom and spirituality with regards to the situation of post-modernity. The author carefully examines the understanding of spirituality as a dynamic and multi-vector process of sense-making. The article suggest considering freedom in the mode of its authenticity, namely as a spiritual being, cognized in light of the highest meanings and values. The author simultaneously conducted an analysis of the manifesting in the present sociocultural situation tendency of descending sense-making, which leads to a crisis of spirituality, and therefore, culture. The result of these processes consists in deformation of the free choice that leads to decline in the freedom and spirituality. As a resource for escaping the state of unbalance between the freedom and spirituality, the author consider the potential of philosophizing that can predict the results of a negative free choice, as well as detect a possibility of human’s sense maturation. The author’s contribution into the research of the topic of correlation between freedom and spirituality became the extrapolation of conclusions on dramatic effect of a free sense-making upon the modern sociocultural situation, often described in the terms of crisis. The author explains that the outbursts of antiquity in the modern society are justified by inauthentic mode of human self-substantiation or self-understanding as a foreign to this world being. This is evident in the project of modernity and inherited by post-modernity. The main conclusion consists in the attempts to find possible ways of neutralizing the seductions by the semantic transgression in its path of establishment of a new model of interpersonal and intercultural communications.
Shugurov M.V. —
The phenomenon of philosophical legal knowledge: prospects of cognition
// Philosophy and Culture. – 2016. – ¹ 4.
– P. 576 - 592.
DOI: 10.7256/2454-0757.2016.4.17198
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Abstract: The subject of this research is the nature and specificity of the philosophical legal knowledge. The author comprehensively examines this knowledge through the prism of determination of the disciplinary status of the philosophy of law, its place among other scientific disciplines studying law. Special attention is given to the justification of highlighting within the philosophy of law of such section as metaphilosophy of law, oriented towards the reflexive study of the theoretical nature of such knowledge and carrying the worldview and practical importance. The article presents a thorough analysis of the interdisciplinary character of the philosophical legal knowledge, and the criteria of its distinction from the philosophical knowledge itself and the legal knowledge. The nature of the philosophical legal knowledge is revealed in the context of specificity of the socio-humanitarian knowledge and cognition. The author’s main contribution consists in the further advancement of the ideas on the philosophy of law as universal level of theoretical legal knowledge. The scientific novelty lies in the demonstration of necessity of the philosophical legal knowledge under the conditions of current changes within law, human life and society in the context of globalization. The author expresses an idea that the factor of determination of the researched knowledge is the spiritual peculiarities of the national legal systems and cultures.
Shugurov M.V. —
Activity of the World Intellectual Property Organization (WIPO) in the area of international transfer of technologies: directions and priorities
// International Law and International Organizations. – 2016. – ¹ 2.
– P. 144 - 165.
DOI: 10.7256/2454-0633.2016.2.18418
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Abstract: The subject of this research is such aspect of the work of the World Intellectual Property Organization (WIPO) as “patents and transfer of technologies”. The author carefully examines the direct and implied competence of the organization in this area of international cooperation. A special attention is given to the specificity of the work of WIPO in the sphere of patent system in its national and international dimensions in the aspect of this influence upon the international transfer of technologies. The author also analyzes the projection work of this organization in the area of patents, which affects transfer of technologies in the transboundary aspect. The article also presents the detailed research of WIPO policy in the area of industrial property, which suggests agreement of interests of developed and developing countries with regards to protection of industrial property and patent right, dualistically impacting accessibility of technologies. The main conclusion consists in substantiation of connection between the WIPO policy in the area of development of law of industrial property and patent system on one hand, and positioning of this organization as a development institution aimed at easing access to technologies – on the other. The scientific novelty of this research lies in the fact that the author justified the thesis on the new paradigm that is used by this organization in their work, which being driven by its own development agenda, is lately aimed not only at assistance in access to technologies for developing nations, but at turning the international technological transfer towards assistance with formation of national technological potential in developing countries.
Shugurov M.V. —
Internationally recognized human rights in the global strategy of sustainable development
// Law and Politics. – 2016. – ¹ 1.
– P. 97 - 106.
DOI: 10.7256/2454-0706.2016.1.17110
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Abstract: The subject of this research is the formation of the human rights dimension of the global transition towards sustainable development. The author thoroughly follows the evolution of recognition of the significance of human rights for sustainable development within international documents of strategic nature and international multilateral treaties. Great attention is given to the analysis of the principle of the depth of sustainable development and the imperative character of inclusion of all people without exception. Among the main conclusions of this research is the substantiation of the position that human rights cannot be united only with the social dimension of sustainable development, since they penetrate all aspects of the latter. The scientific novelty consist in the substantiated conclusion with the regards to formation of the fourth dimension of sustainable development, such as support of cultural diversity, which also in turn involves the human rights and liberties in the area of culture into the human rights foundation of sustainable development.
Shugurov M.V. —
Internationally recognized human rights in the global strategy of sustainable development
// Law and Politics. – 2016. – ¹ 1.
– P. 97 - 106.
DOI: 10.7256/2454-0706.2016.1.42885
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Abstract: The subject of this research is the formation of the human rights dimension of the global transition towards sustainable development. The author thoroughly follows the evolution of recognition of the significance of human rights for sustainable development within international documents of strategic nature and international multilateral treaties. Great attention is given to the analysis of the principle of the depth of sustainable development and the imperative character of inclusion of all people without exception. Among the main conclusions of this research is the substantiation of the position that human rights cannot be united only with the social dimension of sustainable development, since they penetrate all aspects of the latter. The scientific novelty consist in the substantiated conclusion with the regards to formation of the fourth dimension of sustainable development, such as support of cultural diversity, which also in turn involves the human rights and liberties in the area of culture into the human rights foundation of sustainable development.
Shugurov M.V. —
The questions of protection of intellectual property rights with regards to transferable technologies within multilateral environmental treaties
// Law and Politics. – 2015. – ¹ 10.
– P. 1406 - 1420.
DOI: 10.7256/2454-0706.2015.10.15296
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Abstract: The subject of this research is the analysis of the regulation of protection of intellectual property rights within international treaties and political legal documents pertaining to international environmental law, which is currently the component of the so-called international law for sustainable development. The author examines the debatable issues associated with the modern understanding of the effects of protection of intellectual rights, especially patent laws for international transfer and diffusion of technologies, especially “green” technologies. A special attention is given to the analysis of regulation of protection of exclusive rights for transferable technologies within the framework of the Rio de Janeiro conventions, as well as the similar issues at the level of “soft” international law in the area of sustainable development. A focus is made on the study of the positions of developed and developing countries on the issue of nature and the necessary level of protection of patent rights in the process of international transfer of technologies, which is mainly aimed at aiding developing countries in forming their own scientific-technological and innovational potential. The author’s contribution into the research of this topic is the systemic analysis of the position of environmental conventions from the perspective of their collisions with the positions of international law on intellectual property. Among the main conclusions of the conducted research is the acknowledgement of the dual effect of the protection of intellectual property rights upon the achievement of the goals of international transfer of technologies.
Shugurov M.V. —
Issues of Providing High Social Status to Scientific Workers: International-Legal and National-Legal Aspects
// Politics and Society. – 2015. – ¹ 10.
– P. 1403 - 1426.
DOI: 10.7256/2454-0684.2015.10.16426
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Abstract: The subject of the research is social position of scientific workers in the circumstances of modern scientific-technological and innovative development of the society. Special attention is paid to the justification of the necessity for the “creators” of scientific and technical progress to reach high social status as a factor of the enhancement of the role of science in contemporary society. The author demonstrates that all states that conduct active scientific and technological policy are facing this issue. This problem can be resolved due to regulation of legal status of scientific workers within the framework of national legislation based on international legal standards. In this connection the article thoroughly examines the system of international legal standards regarding the legal position of scientific workers. The author analyses the documents that belong to international “hard” and “soft” law, demonstrating the advantages of regulation of the elements of such status on the level of advisory acts. Special attention is paid to the analysis of the directions of enhancing social status of the scientific workers with the help of legal policy in the field of improvement of legal regulation of informational, labour and socioeconomic rights of the representatives of this professional group. Methodologically the research is based on the understanding of social status in modern social philosophy and sociology. Apart from that, the author considers legal status as a condition for the provision of social status, as well as the unity of rights and duties. At the same time, the duties are said to root not only in participation of scientific workers in labour relations, but also in their ethical responsibility towards society and individuals. The main contribution of the author to the study of the topic is the consideration of the meaning of international legal standards of the legal status of scientific workers as a basis for the harmonisation of regulation of their social status on the national level, which is especially important in the conditions of globalisation of scientific and technological as well as innovative development. The novelty of the study lies in the understanding of such major element of the legal status of scientific workers as the freedom of research, as a responsible freedom. The main conclusion of the article is the justification of the modernisation trends of the legal status of the scientific workers based on renewed international standards, which are the reference points for tis direction of scientific and technological policy of the states.
Shugurov M.V. —
The questions of protection of intellectual property rights with regards to transferable technologies within multilateral environmental treaties
// Law and Politics. – 2015. – ¹ 10.
– P. 1406 - 1420.
DOI: 10.7256/2454-0706.2015.10.42761
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Abstract: The subject of this research is the analysis of the regulation of protection of intellectual property rights within international treaties and political legal documents pertaining to international environmental law, which is currently the component of the so-called international law for sustainable development. The author examines the debatable issues associated with the modern understanding of the effects of protection of intellectual rights, especially patent laws for international transfer and diffusion of technologies, especially “green” technologies. A special attention is given to the analysis of regulation of protection of exclusive rights for transferable technologies within the framework of the Rio de Janeiro conventions, as well as the similar issues at the level of “soft” international law in the area of sustainable development. A focus is made on the study of the positions of developed and developing countries on the issue of nature and the necessary level of protection of patent rights in the process of international transfer of technologies, which is mainly aimed at aiding developing countries in forming their own scientific-technological and innovational potential. The author’s contribution into the research of this topic is the systemic analysis of the position of environmental conventions from the perspective of their collisions with the positions of international law on intellectual property. Among the main conclusions of the conducted research is the acknowledgement of the dual effect of the protection of intellectual property rights upon the achievement of the goals of international transfer of technologies.
Shugurov M.V. —
Key directions of legal education transformation in the context of the European Higher Education Area
// Legal Studies. – 2015. – ¹ 6.
– P. 69 - 106.
DOI: 10.7256/2409-7136.2015.6.14835
URL: https://en.e-notabene.ru/lr/article_14835.html
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Abstract: The subject of the research is the analysis of the influence of the European Higher Education Area principles on the modernization of content and forms of legal education in European states, including Russia. The author analyzes the documents forming the guidelines of evolution of education in the framework of the Bologna process. Special attention is also paid to the changes which in terms of globalization affect law, the legal profession, and higher legal education. Moreover, the author studies the guidelines and motives of the European higher legal education area formation which in terms of transnationalization of social relations lead to the appearance of common standards in the training of jurists aimed at their adaptation to a broadening labor market. As a methodological base the author uses the dialectics of the general and particular which is extrapolated on the sphere of legal education in the conditions of regional integration. Another methodological base is the axiological approach which allows understanding the changes in the world-view dimension of the modern legal education. The main conclusion of the study lies in the understanding of correlation between fundamental and applied aspects in the process of training of jurists. The author demonstrates the basic principles of legal education modernization formed of the principles of mobility and student-orientedness. Special contribution of the author is the conclusion that legal education is becoming the key factor of the formation of the society on the principle of rule of law.
Shugurov M.V. —
TRIPS Agreement, international transfer of technologies and the consequences of the tougher laws on protection of intellectual property
// International Law and International Organizations. – 2015. – ¹ 4.
– P. 405 - 436.
DOI: 10.7256/2454-0633.2015.4.16007
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Abstract: The subject of this research is the content and consequences of the execution of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) upon the international transfer of technologies into developing countries. The author gives a detailed attention to the issues arising in protection of rights to the transfer technologies, predominantly the patent rights, in the process of transfer and diffusion of various technologies. The article also analyzes the logic of international efforts on protection of intellectual property prior to the TRIPS agreement. The author gives a detailed examination to the content of Articles 7 and 8, which provide balance between the rights and interests of the copyright holders on one side, and the rights and interests of the users on the other. This research addresses the issue of transfer of technologies to the less developed countries in light of the Article 66.2 of the TRIPS agreement. The main conclusions of the conducted research are the positions on the ambiguous nature of the effect of TRIPS upon the international transfer of technologies. Moreover, this conclusion is concretized pertaining to various groups of countries. The author’s contribution into the research of this topic is the systemic analysis of the place of rights of intellectual property within the international exchange of technological achievements.
Shugurov M.V. —
Modern philosophy of the legal education: challenging globalization
// Law and Politics. – 2015. – ¹ 3.
– P. 411 - 428.
DOI: 10.7256/2454-0706.2015.3.13279
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Abstract: This article is dedicated to the analysis of the foundations and tendencies of modernization of the professional legal education that is defined by the vectors of development of law under the conditions of globalization. The author refers to the fundamental issues of the modern legal education through the prism of legal globalistics. These positions are the basis for rethinking the purpose and the point of legal profession in the modern society, which defines the limits of politics in the area of reform of the content and institutional aspects of legal education. A substantial part of this research includes the illumination of the integrational processes within the European education system as a whole, and the European field of legal education. The conducted analysis is directly linked to the research of the possible paths of development of the legal education system in Russia. The methodological foundation of the analysis consists in the understanding of the philosophy of modern legal education as more general approaches and principles that establish the purpose for the legal profession on both, national and international levels. The author bases the conclusion on the notion that increasing the role of law under the conditions of globalization suggests the forming of a new format of professional legal education that would solidify the value of law.
Shugurov M.V. —
International legal cooperation in the area of human rights and liberties: pluralism of doctrinal foundations
// International Law. – 2015. – ¹ 3.
– P. 1 - 90.
DOI: 10.7256/2306-9899.2015.3.16062
URL: https://en.e-notabene.ru/wl/article_16062.html
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Abstract: The subject of this research is the idealistic processes within the conceptual dimension of international legal cooperation in the area of human rights. The author explores the experience of doctrinal conventionalism in a bipolar world. A special attention is given to the analysis of discussions regarding the source of the human rights and liberties – human dignity – within international legal perspective. The author analyzes the institution of resolution of disputes on interpretation of the positions of international conventions on human rights as an instrument of introduction of definiteness into the international legal positions and optimization of international cooperation. Among the main conclusions is the position on the need to harmonize the diverse doctrinal positions as a necessary condition for improving the efficiency of international legal cooperation in the area of ensuring protection and respect of the internationally recognized human rights and liberties. The scientific novelty consists in the substantiation of the need for actors of international legal defense community to give more attention to the transition towards consensually agreed upon pluralism of different concepts of human rights, which is needed in order to strengthen the internationally recognized human rights as a foundation for sustainable development.
Shugurov M.V. —
Modern philosophy of the legal education: challenging globalization
// Law and Politics. – 2015. – ¹ 3.
– P. 411 - 428.
DOI: 10.7256/2454-0706.2015.3.42657
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Abstract: This article is dedicated to the analysis of the foundations and tendencies of modernization of the professional legal education that is defined by the vectors of development of law under the conditions of globalization. The author refers to the fundamental issues of the modern legal education through the prism of legal globalistics. These positions are the basis for rethinking the purpose and the point of legal profession in the modern society, which defines the limits of politics in the area of reform of the content and institutional aspects of legal education. A substantial part of this research includes the illumination of the integrational processes within the European education system as a whole, and the European field of legal education. The conducted analysis is directly linked to the research of the possible paths of development of the legal education system in Russia. The methodological foundation of the analysis consists in the understanding of the philosophy of modern legal education as more general approaches and principles that establish the purpose for the legal profession on both, national and international levels. The author bases the conclusion on the notion that increasing the role of law under the conditions of globalization suggests the forming of a new format of professional legal education that would solidify the value of law.
Shugurov M.V. —
The effects of modern scientific progress upon the international legal regulation of transfers of technology to ensure stable development
// International Law. – 2015. – ¹ 2.
– P. 53 - 90.
DOI: 10.7256/2306-9899.2015.2.14771
URL: https://en.e-notabene.ru/wl/article_14771.html
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Abstract: This article is dedicated to the research of the questions of development of international scientific-technological collaboration in the process of realizing the globally accepted strategy of achieving stable development. The author gives special attention to the issues of transferring technology in order to achieve the goal of stable development and analyzes the corresponding positions of multilateral agreements in the area of international environmental law. A portion of the article also examines the issues of conceptual nature, specifically the need for a new model of international scientific-technological collaboration that would correspond to the scientific-technological progress relevant to a stable development. In this context the author raises the issues of optimization of cooperation between developed and developing countries in order to reach a mutual stable development. The article also demonstrates the success of developing countries in integrating into international flow of “green” technologies. The author formulates a conclusion that the success in moving towards a stable development on the global scale depends on the effective realization of the positions within conventions and agreements on environmental protection.
Shugurov M.V. —
// Philosophy and Culture. – 2015. – ¹ 1.
– P. 116 - 133.
DOI: 10.7256/2454-0757.2015.1.13240
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Shugurov M.V. —
// Politics and Society. – 2015. – ¹ 1.
– P. 43 - 58.
DOI: 10.7256/2454-0684.2015.1.14012
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Shugurov M.V. —
// Law and Politics. – 2014. – ¹ 8.
– P. 1173 - 1187.
DOI: 10.7256/2454-0706.2014.8.12325
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Shugurov M.V. —
// Law and Politics. – 2014. – ¹ 8.
– P. 1173 - 1187.
DOI: 10.7256/2454-0706.2014.8.42475
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Shugurov M.V. —
// Administrative and municipal law. – 2014. – ¹ 7.
– P. 646 - 664.
DOI: 10.7256/2454-0595.2014.7.12294
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Shugurov M.V. —
// International Law and International Organizations. – 2014. – ¹ 2.
– P. 194 - 214.
DOI: 10.7256/2454-0633.2014.2.12045
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Shugurov M.V. —
// Philosophy and Culture. – 2013. – ¹ 10.
– P. 1353 - 1367.
DOI: 10.7256/2454-0757.2013.10.9473
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Shugurov M.V. —
// Law and Politics. – 2013. – ¹ 8.
– P. 1032 - 1046.
DOI: 10.7256/2454-0706.2013.8.9066
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Shugurov M.V. —
// Law and Politics. – 2013. – ¹ 8.
– P. 1032 - 1046.
DOI: 10.7256/2454-0706.2013.8.42283
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Shugurov M.V. —
// Politics and Society. – 2013. – ¹ 7.
– P. 915 - 923.
DOI: 10.7256/2454-0684.2013.7.9063
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Shugurov M.V. —
// International Law and International Organizations. – 2013. – ¹ 3.
– P. 309 - 322.
DOI: 10.7256/2454-0633.2013.3.9048
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Shugurov M.V. —
// Law and Politics. – 2012. – ¹ 12.
DOI: 10.7256/2454-0706.2012.12.6723
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Shugurov M.V. —
// Law and Politics. – 2012. – ¹ 12.
DOI: 10.7256/2454-0706.2012.12.42113
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Shugurov M.V. —
// Philosophy and Culture. – 2012. – ¹ 9.
DOI: 10.7256/2454-0757.2012.9.6556
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