Abstract: The article concerns international legal aspects of criminal responsibility of legal entities regarding Russia. Having signed a number of international treaties, the Russian Federation has accepted an obligation to introduce criminal responsibility for legal entities, which calls for significant amendments into the national criminal code. The bodies of international organizations also have accepted documents, requiring significant amendments of the criminal law of the Russian Federation. However, till the current time there are no amendments in this sphere in the Criminal Code of the Russian Federation. When writing an article the author used the methods of comparative legal studies, comparison and comprehensive analysis of the texts of normative legal acts. The topic of the research is not very popular in the legal science, and the Russian legal scholars are generally skeptical towards the idea of criminal responsibility of the legal entities. It is obvious that with some time the criminal responsibility of legal entities shall be reflected in the criminal legislation of Russia. That is why, it seems rational to study the foreign experience in order to reveal the best model of criminal responsibility for the legal entities.

Keywords: criminal responsibility, legal entities, implementation of the norms of international law, transnational crime, GRECO, transformation, international law, fighting corruption, international criminal law, money- laundering.

Abstract: Novel different nature of modern armed conflicts sets new goals for the international law, including the sphere of international legal protection of cultural property. The article includes analysis of whether the coalition for the protection of Iraqi cultural property acted in compliance or not in compliance with the modern international law in 2003-2011. The author used comparative legal, historical, inductive and deductive methods in her work. The first part of the article is devoted to the obligations of the parties under the relevant treaties and customary international law. The author establishes the arguments according to which non-ratification of the Hague Convention For the Protection of Cultural Property of 1954 does not diminish the obligations to protect the cultural property of Iraq due to the norms of customary international humanitarian law. The second part of the article includes analysis of efficiency of the national legal measures adopted by the USA In order to fight consequences of marauding in Iraq. The author evaluates a number of national American acts, such as General Order A1, Republic of Iraq Antiquities Law, Implementation of the Convention For the Protection of Cultural Property Act. It is established that while a number of measures, such as import limitation corresponded to the critical situation regarding Iraqi artifacts, such measures were either taken too late, or were not sufficient due to non-ratification by the USA of some key provisions of international legal instruments for the protection of cultural objects.

Keywords: jurisprudence, cultural property, international law, the Hague Convention of 1954, Iraq, USA, import limitations, marauding, art, museum.

Abstract: The article contains analysis of the issues of correlation of the World Trade Organization (WTO) law with the common International law within the framework of international responsibility law. The author supports a point of view that norms of international common law on responsibility of the states, as codified by the International Law Commission of the UN in the Articles on State Responsibility for Internationally Wrongful Acts of 2001, are applicable to the relationships within the WTO framework. The WTO law, being an autonomous legal regime within the general framework of international law, contains a number of special rules and procedures regulating contents and implementation of responsibility for violation of the obligations in the WTO. However, in all cases when the WTO law provides otherwise, the general principles of international law should apply. Moreover, these principles are used to interpret and define the contents of special rules and procedures in the WTO law, such as counter-measures.

Keywords: common international law, international responsibility, the WTO law, fragmenting international law, counter-measures, restitution, compensation, proportionality, autonomous regimes, lex specialis.

Abstract: In this article for the first time in the Russian international law doctrine, the author analyzes the issues of responsibility of international organizations in the national courts. The author provides large amount of judicial practice by both international and national courts, which shows the need to limit the immunity of international organizations in order guarantee the rights of individuals for the judicial protection, as enshrined by various international legal documents. The article includes detailed analysis of positions of Russian and foreign legal scholars on this problem. The author then offers a concept for the so-called alternative means of dispute resolution (administrative tribunals of international organizations, arbitration) as a possible option for applying the limitations to the immunity of international organizations in the national courts. Such a healthy evolution of approaches is aimed to guarantee the access to justice. At the same time, the authors point out that in the absence of adequate alternative mechanisms for the legal protection, the states may breach their international obligations in the sphere of human rights.

Keywords: jurisprudence, international organizations, responsibility, the International Court of Justice, the EU Court, the European Court of Human Rights, the national courts, alternative dispute resolutions means, administrative tribunals, arbitration.

Abstract: In March of 2011, the European Court of Human Rights has made its judgment on the case of Kiyutin versus Russia (complaint n. 2700/10) where the court has found a violation of rights to personal and family life due to the implementation of the Russian legal norms on deporting a foreign citizen on a ground of him being HIV-infected. In this decision the ECHR did not just apply the articles of the Convention to the claimant’s situation, taking into account the interpretation of norms outside the scope of membership in the European Convention on Human Rights, referring to the UN program on HIV/AIDS, International Organization for Migration and UN High Commissioner for Human Rights. In spite of the fact that the Political Declaration on HIV/AIDS provides that within the framework of prophylactic measures against the spread of the disease domestic legislation should apply in specific states, the same document provides for termination of the national legislative norms limiting the freedom of movement of HIV-infected persons. The Russian legislation provides for the deportation of HIVinfected foreign citizens, which is due to a number of factors (territorial, amount of medical aid to the category of HIV-infected persons). Striving to conform to the humane policy and principles towards HIV-infected persons, the Constitutional Court of the Russian Federation held that the courts may take into account such criteria as health condition, family, and place of work and dwelling of a person subject to deportation. Analysis of the current legislation and legal practice allows to draw a conclusion on the balance between the migration legislation requirements aimed to expose persons unlawfully residing In Russia and the obligations to provide medical aid to the HIV-infected foreign citizens by application of a specific procedure for the individualized commission-based decision-making on whether it is desirable for a person to remain in a state, following the humane positions, democratic principles and guarantees, which follow from the provisions of the Constitution of the Russian Federation and the international treaties to which the Russian Federation is a party.

Keywords: jurisprudence, ECHR, the Constitutional Court of the Russian Federation, deporting, HIV-infection, political declaration on HIV/AIDS, Kiyutin vs. Russia, legal certainty, the UN, the pilot judgment.

Abstract: In this article the author analyzes the problems regarding the Russian education reforms after the Russian Federation has joined the General Agreement on Trade in Services, and the following constitutional legal problems regarding implementation of rights of citizens to education. The cause of the above-mentioned problem is opening the Russian market of educational services to foreign companies, as provided for in the Treaty. In particular, the author discusses contents, goals and principles of the GATS in accordance with the topic in question; she singles out the means for the provision of educational services, and specific obligations of Russia in the sphere of educational services. The article includes analysis of each specific types of provision of services for a certain educational level. The author also studies the international experience of commercialization of educational services, as well as constitutional legal regulation of Russia joining GATS. The article includes comprehensive analysis of positive and negative features for the reform of the system of Russian education due to Russia’s joining the WTO.

Keywords: constitutional law, WTO, GATS, educational services, specific obligations, education reform, export of services, transborder education, market of services, national regime.

Abstract: It is noted in the article that regularly the right to implement especially dangerous types of activity is usually provided by the state to the state enterprises or private persons under control of the states. The author analyzes the problem of responsibility of states for the fulfillment of guarantees regarding absence of harm to the environment of other states and regions outside the national jurisdiction due to the risky activities within their jurisdiction. The author singles out two main principles (regimes), on which international responsibility may be based: responsibility based upon the proven guilt of a person, and objective responsibility. The author discusses various points of view on which regime should apply when the harm to environment is caused by private companies acting under the state control. It is noted in the article that opinions of the scholars on preferable regimes of responsibility under the international law and their application are divided. The author supports the position that the general standard of international responsibility for the unlawful act in the presence of proven guilt of the person should be amended by inclusion of the special regime of responsibility in this sphere under which strict responsibility for the harm may be applied.

Keywords: pollution, harm, environment, responsibility of states, international law, jurisprudence, guilt, strict responsibility, dangerous activity.

Abstract: It is for us yet to understand and comprehend the lessons taught to us by the Fukushima catastrophe, which is second in danger only to the Chernobyl catastrophe. However, while this catastrophe did not have considerable trans-border effects and it took place in a state which is not a party to any treaty on compensation of nuclear (atomic) harm, one can make some conclusions, which are relevant for the development of international legal mechanisms of responsibility for the nuclear harm.

Keywords: jurisprudence, nuclear, harm, international, responsibility, compensation, nuclear, atomic, harm, international, compensation, energy industry, APS «Fukushima-1».

Abstract: The Russian legislation and legal literature lack the clearly formulated list of principles of international private law, while the scrupulous analysis of legislation and legal practice shows, that the regulation of private law relations with a foreign element requires such relations to comply with a number of basic rules. The principles of international private law, as singled out by most modern authors, have various natures. It seems reasonable to divide them into two groups: 1) the principles, which establish the possibility and necessity of application of foreign law and limits to its application; 2) the principles, establishing the choice of law, when resolving a specific conflict of laws problem (conflict of laws regulation principles). The first group of principles includes the principle of application of foreign law, the principle of equality of national law of various states, the principle of protection of the domestic legal order. The second group of principles includes the principle of the autonomy of will of parties, territorial principle, and the principle of the closest connection. It seems reasonable to pass a law «On the Bases of International Private Law» in which the provisions on its principles should be included.

Keywords: jurisprudence, international, private, law, principles, classification, conflict of laws, regulation, foreign, legislation.

Abstract: This article concerns the problems of lawfulness of the provision of the legal construction of the foreign contract law, which have no analogues in the Russian law (such as potestative and mixed conditions, option, guarantees, assurances, pre-evaluated losses), as means of protection of rights from violations in the trans-border leasing contracts. The article includes analysis of the difficulties, which the Russian courts have, when dealing with the cases concerning violations of non-typical conditions of the trans-border leasing contracts, the author provides the means for overcoming the difficulties and gaps in legal regulation of theses provision, she studies the influence of foreign contractual clauses on the Russian civil law. The conclusions of the author are based upon the novel provisions of the Civil Code of the Russian Federation, as provided for the in the draft Federal Law «On Amendments to the Parts 1,2,3,4 of the Civil Code of the Russian Federation», judicial practice and foreign law.

Keywords: jurisprudence, leasing, contract, court, legislation, claims, arbitration, novelties, conflict of laws, norms.

Abstract: The article is devoted to the problem of implementation of the individual and general measures aimed to implement the decisions of the European Court of Human Rights within the Russian legal system. Much attention is paid to the general measures, by which the norm-making power of the ECHR is implemented. The author regards as general measures direct application of the legal positions of the ECHR by the Russian courts in specific cases, as well as implementation of these legal position into the system of normative legal acts of the Russian Federation. The article includes analysis of the factors preventing the fully efficient implementation of general measures under the decisions of the ECHR in Russia. Evaluation of the national legal acts, defining the status of the decisions of ECHR in Russia brings the author to a conclusion that currently there is no clear and complex legal regulation in this sphere. That is why the author offers to pass a new normative legal act, which would regulate all of the aspects of the actions of domestic state bodies in accordance with the decisions of the European Court of Human Rights.

Keywords: jurisprudence, decisions, the European Court of Human Rights, positions, system, precedent, implementation, decrees, legislation.

Abstract: The article regards the issues on finding the states responsible for the violations in the process of financing the projects from the European Bank for Reconstruction and Development. The EBRD, being one of the key regional financial institutions, provides credits for various projects, which are aimed on the development of the economies of the Member States. Usually several parties participated in such projects, they provide finances and implement these projects, or facilitate their implementation. The disputes, which arise in the process of such project implementation, call for the efficient dispute resolution mechanism. In order to meet these requirements the Project Complaint Mechanism (formerly the Independent Resource Mechanism) was formed. It is aimed to facilitate resolution of the disputes regarding implementation of the project, and to work with the complaints on violations of the EBRD norms. While the issues of bringing states to responsibility are not within the scope of its primary goals, the issue of holding states responsible for the violations of norms of international law appear in its practice regularly.

Keywords: jurisprudence, responsibility, states, the Project Complaint Mechanism, the EBRD, international dispute, financing, international organizations, due evaluation, international financial law, international environmental law.

Abstract: Regulation of the investment activities in the legal field is quite topical, since the Russian Federation is currently is a WTO Member State. The membership in the WTO requires amendments into the Russian legislation. This article is devoted to the issues of legal regulation of treaties on dividing products and national automobile industry, as well as obligations of Russia to amend and to bring its investment legislation in these spheres into accordance with the WTO treaties. Based on the comparison of the current legal norms and the provisions of the WTO treaties, the authors managed to show that, while Russia has already fulfilled its obligation in the sphere of division of products, as for the investments into the national automobile industry, Russia just allowed for some investment benefits, and established that it shall start consultations on the measures in that sphere in accordance with the requirements of the WTO no later than in 2016.

Keywords: jurisprudence, investments, WTO, treaty, division, products, report, industry, automobile, localization.

Abstract: The agricultural sector of economy is a strategically important sphere of state regulation, and its legal regulation is quite multi-faceted. Development of the trade policy which would on one hand create transparent and clear norms for the importer, and on the other hand would support the national agricultural producers under the WTO norms forms an important part of the membership requirements for the Russian Federation in the WTO. This article is devoted to the key aspects of the legal regulation of legal regulation in the sphere of agriculture under the conditions of the membership of the Russian Federation in the WTO. The authors analyze the WTO Treaties in this sphere, as well as specific features of the obligations in the sphere of tariffs and customs, phyto-sanitary control and domestic support of agricultural sector. Having compared the norms of the international treaties and the current domestic legislation, the authors comes to the conclusion that there is need to introduce some amendments into the normative legal base in the sphere of agriculture during the transition period under the Protocol on joining the WTO.

Keywords: jurisprudence, WTO, agricultural, treaty, export, harmonization, tariff, quote, negotiations, import.

Abstract: The key provisions of this article are devoted to the analysis of the norms of the European law on the application of norms on unilateral refusal by one party to fulfill its obligations in the insurance contracts. The comparative analysis is made based on materials on two states: the Great Britain and Germany. Much attention is paid to the correlation between the grounds for the right of the party to avoid performance unilaterally under the contracts and the lack of due performance of contractual obligations by the other party.

Keywords: jurisprudence, the European law, the insurance contract, refusal to fulfill obligations, grounds for the right of one party to avoid performance under the contract.

Abstract: The article is devoted to the issues of the jurisdiction of the English court, taking the case on the dispute, arising from the international sale of goods. The goal of this article is to find out the cases, in which a Russian company may be called to an English court as a respondent in a contract-based claim. The author analyze the English procedural norms on bringing to court a foreign company, both when it is within the English territorial jurisdiction (if this company has a filial office or other business activity in England), and when it is not. Much attention is paid to the connecting factors, such as conclusion of contracts in the English territory, violation of contract in the territory of England, etc.), which allow the English court to have competence in a case against a respondent, which is situated outside the English jurisdiction. The author deals with the meanings of these connecting factors under the English law (such as when the contract shall be deemed to be violated within the jurisdiction of the English court, etc.)

Keywords: jurisprudence, England, court, claim, international, contract, sale, writ, company.