Reference:
Ovchinnikov S.N., Atamanchuk V.V..
Problems of the effectiveness of international cooperation of the Customs authorities of the Russian Federation in the law enforcement sphere
// Law and Politics. – 2022. – № 10.
– P. 49-56.
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Abstract: The article is devoted to the analysis of current international legal problems of international cooperation of the customs authorities of the Russian Federation in the law enforcement sphere. The paper analyzes the performance indicators of the Federal Customs Service of Russia in the law enforcement sphere during 2013-2021. As can be seen from the official statistics of the customs authorities of the Russian Federation, the share of indicators achieved using various forms of legal assistance is extremely small against the background of general indicators. At the same time, the quantitative effectiveness of the use of these methods remains, and even a slight increase is observed, however, against the background of an even greater increase in overall indicators, the share of results achieved with the use of forms of legal assistance has fallen significantly. Such a situation testifies to the insufficiently effective development of international customs cooperation in the law enforcement sphere and indicates the presence of significant unresolved problems in this area.
The preservation and improvement of quantitative indicators of efficiency with a huge decline in the share among the general indicators, which indicates the insufficiently effective development of international customs cooperation in the law enforcement sphere, has been revealed. As a solution to the problem, recommendations on improving strategic documents defining the legal policy of the Russian Federation in the field of customs service development are presented. Taking into account the expansion of the tasks of international cooperation in the customs sphere, it seems advisable to expand the geography of this cooperation by prioritizing interaction with the customs services of the EAEU, BRICS, SCO member states - in this case, the geography of international customs cooperation will coincide with the priority areas of international cooperation of the Russian Federation as a whole, which, with the help of the existing legal and technical base of these organizations that will quickly create suitable conditions for international cooperation of customs authorities, including in the field of law enforcement.
Keywords: Shanghai Cooperation Organization, Eurasian Economic Union, controlled delivery, effectiveness of law enforcement activities, Federal Customs Service, customs authorities, law enforcement activities, international customs cooperation, BRICS, international treaties
References:
Otchet ob ispolnenii Publichnoj deklaracii celej i zadach FTS na 2020 god. Prilozhenie k itogovomu dokladu o rezul'tatah i osnovnyh napravleniyah deyatel'nosti FTS Rossii v 2020 godu, opublikovan 18.02.2021, versiya ot 11.03.2021. C. 114-118. URL: https://customs.gov.ru/activity/results/itogovye-doklady-o-rezul-tatax-deyatel-nosti/document/268607.
Rezul'taty pravoohranitel'noj deyatel'nosti podrazdelenij Federal'noj tamozhennoj sluzhby – oficial'nyj sajt FTS RF. URL: https://customs.gov.ru/activity/pravooxranitel-naya-deyatel-nost-/informacziya-glavnogo-upravleniya-po-bor-be-s-kontrabandoj.
Legostaev S.V. Ocenka effektivnosti pravoohranitel'noj deyatel'nosti // Evrazijskij yuridicheskij zhurnal. 2020. № 11 (150). S.380-382.
Makarova I.G. Sovremennye metody ocenki effektivnosti deyatel'nosti tamozhennyh organov // Nauka i praktika. 2017. № 1 (25). S. 89-92.
Gokinaeva I. A., Agapova A. V. Sovershenstvovanie osnovnyh napravlenij mezhdunarodnogo tamozhennogo sotrudnichestva // Zhurnal pravovyh i e
Reference:
Ditsevich Y.B., Yurkovskii A.V..
On the Issue of the Peculiarities of the Formation and Modernization of the State Environmental Policy of the Russian Federation and the People's Republic of China
// Law and Politics. – 2022. – № 10.
– P. 23-37.
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Abstract: This article discusses aspects of solving environmental protection problems and outlines issues characterizing the interaction between the Russian Federation and the People's Republic of China. An assessment is given on the adoption of legislation for both states and joint coordinated measures aimed at reducing and eliminating negative trends associated with environmental degradation in Russia and China. The features of the Russian Federation and the People's Republic of China's influence on state environmental policies on environmental issues are described. The analysis of the state of legality in enforcing environmental legislation and the effectiveness of legal means used in implementing prosecutorial supervision in this area is carried out. Empirical, statistical, and scientific information is provided on how the prosecutor's offices of the Russian Federation and the People's Republic of China participate in the formation of methods and tools of national environmental policies that are of a state nature and carry out their activities mainly in legal forms using complex mechanisms of legal regulation. The proposed article compares the concepts of sustainable development in force in Russia and the People's Republic of China based on generally recognized environmental standards by the international community, which have been ratified in the legislation of the countries under consideration, and analyzes the problems and areas of improvement of Russian and Chinese environmental legislation.
Keywords: prosecutor's supervision, prosecutorial response measures, cooperation, exchange of experience, environmental legislation, activities of environmental authorities, environmental policy, People's Republic of China, Russian Federation, environment
References:
Bogolyubov, S. A. (2016). Correlation of environmental policies of Russia and other states. Environmental Law, 4, p. 23.
"World Conservation Strategy: Conservation of Vital Resources for Sustainable Development" (World Conservation Strategy: Living Resource Conservation for Sustainable Development); "Transforming our World: the 2030 Agenda for Sustainable Development (Transforming our world: the 2030 Agenda for Sustainable Development); "World Strategy Nature Conservation: Conservation of vital resources for sustainable Development" (World Conservation Strategy: Living Resource Conservation for Sustainable Development), etc.
Transforming our world: the 2030 Agenda for Sustainable Development. https://www.un.org/sustainabledevelopment/ru/about/development-agenda / (accessed: 05/21/2022)
Environmental protection in China (White Paper). https://www.fmprc.gov.cn/rus/ziliao/zt/zfbps/t25319.shtml (accessed: 05/21/2022).
The Constitution of the People’s Republic o
Reference:
Ovchinnikov S.N., Atamanchuk V.V..
International Treaties on Legal Assistance in Law Enforcement Activities of the Customs Authorities of the Russian Federation
// Law and Politics. – 2022. – № 2.
– P. 30-39.
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Abstract: The most important task of the customs authorities of the Russian Federation is to protect national security, prevent, detect and suppress crimes and administrative offenses, cooperate with customs and other competent authorities of foreign states, international organizations dealing with customs issues. One of the means of solving this problem is international treaties on mutual assistance in customs matters. The article considers the state of international legal regulation of law enforcement activities of the customs authorities of the Russian Federation by international treaties on legal assistance. Using formal legal and comparative legal methods, the relevant international treaties in which the Russian Federation participates are analyzed. В В The forms of legal assistance used in international cooperation in law enforcement activities of the Federal Customs Service are highlighted. The system of legal aid treaties under study is heterogeneous in its structure and does not cover relations with all States with which this cooperation may be necessary. As a solution to the problem, the systematization of international acts regulating issues of international cooperation of customs authorities in the law enforcement sphere is presented and proposals are presented to the legislator: to conclude agreements with those states with which an agreement on mutual legal assistance in criminal and administrative matters has already been concluded, but no agreement on mutual assistance in customs matters has been concluded.
Keywords: FCS of Russia, Shanghai Cooperation Organization, Eurasian Economic Union, Kyoto Convention, Nairobi Convention, customs authorities, law enforcement activities, legal assistance, international customs cooperation, Tashkent Agreement
References:
Otchet ob ispolnenii Publichnoj deklaracii celej i zadach FTS na 2020 god. Prilozhenie k itogovomu dokladu o rezul'tatah i osnovnyh napravleniyah deyatel'nosti FTS Rossii v 2020 godu. URL: https://customs.gov.ru/activity/results/itogovye-doklady-o-rezul-tatax-deyatel-nosti/document/268607 (data obrashcheniya 10.01.2022).
Itogovyj doklad o rezul'tatah i osnovnyh napravleniyah deyatel'nosti FTS Rossii v 2020 godu. https://customs.gov.ru/activity/results/itogovye-doklady-o-rezul-tatax-deyatel-nosti/document/268607 (data obrashcheniya 10.01.2022).
Ovchinnikov S.N. Mezhdunarodno-pravovye aspekty tamozhennoj politiki // Pravovaya politika i pravovaya zhizn'. 2013. № 2. S. 91-95.
Mezhdunarodnaya konvenciya o vzaimnom administrativnom sodejstvii v predotvrashchenii, rassledovanii i presechenii tamozhennyh pravonarushenij (Najrobi, 9 iyunya 1977 goda). http://www.wcoomd.org/-/media/wco/public/ru/pdf/about-us/legal-instruments/conventions-and-agreements/nairobi/nairobi-convention_rus.pdf?la=ru-RU (data obr
Reference:
Shinkaretskaya G.G., Rednikova T.V..
Correlation of rights and interests of the circumpolar and other states in the use of the Arctic region
// Law and Politics. – 2022. – № 1.
– P. 12-22.
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Abstract: The severe natural conditions of the Arctic have impeded the economic development of the region for centuries. The norm for the recognition of special rights of circumpolar states to establish their own legal order in the region was established as a result of international custom. The application the generally accepted United Nations Convention on the Law of the Sea allowed the Arctic countries to establish the own zones of jurisdiction, which enables the extraction of natural living and mineral resources. Such jurisdiction was also extended to shipping routes that require constant maintenance and significant investments; thus the shipping routes are close to acquiring the status of canals. However, the climate warming and ice melt have turned the Arctic from the isolated region with limited geopolitical and geoeconomic significance to the next frontier of opportunities for the world’s countries. There is currently no single all-encompassing treaty on the use of the Arctic. The legal order consists of the regional and subregional agreements, national legislation, and soft law. The circumpolar states actively and extensively used the provisions of the United Nations Convention on the Law of the Sea (1982) for establishing the limits and legal regime of the zones of own jurisdiction in the Arctic Ocean. In May 2008, five Arctic coastal states signed the so-called Ilulissat Declaration, acclaiming the current trends in the development of legal order in the Arctic. For ensuring the political, economic interests of the Arctic states in the region, as well as global security and protection of regional environmental sensitive to detrimental effects, it is necessary to develop a uniform position of the coastal states on the entirety of regional problems in view of the growing activity of the non-Artic states that declare their national interests in the Arctic region.
Keywords: international law, national interests, Arctic states, marine transport routes, Arctic, international agreements, global warming, legal regime, environmental protection, ice melting
References:
Howard R. The Arctic gold rush: the new race for tomorrow’s natural resources. London and New York: Continuum, 2009. 259 p
Stuart B. Kaye (2004), ‘Territorial Sea Baselines Along Ice-Covered Coasts: International Practice and Limits of the Law of the Sea’, Ocean Development and International Law, 35, 75–102.
Dzhunusova D.N. Sovremennyi mezhdunarodno-pravovoi rezhim Severnogo Ledovitogo okeana i pribrezhnykh morei // Aktual'nye problemy ekonomiki i prava. 2012. № 1. S. 303-311
Corfu Channel (UK v. Alb.), Judgment, 1949 I.C.J. Rep. 4, 28 (Apr. 9).
Anglo-Norwegian Fisheries, U.K. v. Norway, Order, 1951 I.C.J. 117 (Jan. 18)
Reference:
Skaridov A..
Limitation of liability for maritime claims in civil law of the People's Republic of China
// Law and Politics. – 2021. – № 7.
– P. 59-71.
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Abstract: This article reviews the relevant issue of civil law regulation in the sphere of freight transportation. China is seeking for new safe routes for freight transportation to the European market, including sea routes, giving preference to the Northern Silk Road. The subject of this research is the comprehension of individual provisions of the Chinese legislation that are specific to both Russian and international law. The object of this research is the determination of peculiarities of the law of the sea, namely the question of limitation of liability for maritime claims in civil law of the People's Republic of China. Special attention is given to the aspect of harmonization of the norms of the Civil Code of the People's Republic of China and the Merchant Shipping Code the Russian Federation in this issue. The acquired results demonstrate the shared interest of the two countries lies in the routes of the Northern Sea Road, which actualizes the problem of harmonization of legislation. The government of the Russian Federation and the People’s Republic of China declare the need for harmonization of legal norms that regulate merchant shipping. Leaning on one of the normative fragments related to joint maritime operations along the routes of the Northern Silk Road, the author concludes that further development of cooperation and expansion of the list of bilateral issues of normative legal regulation in this sphere requires a collective plan aimed at harmonization of legislation based on the Treaty of Good-Neighborliness and Friendly Cooperation between the People's Republic of China and the Russian Federation.
Keywords: chinese civil law, maritime silk road, sea transportation, maritime claims, limitation of liability, Northern Sea Route, merchant shipping code, carriage of goods by sea, China, civil liability
References:
Wu H., Han L. Legal issues arising under the direct action framework in relation to oil pollution damage. Chapter 9 // Maritime Law in China / Edited J. Hjalmarsson, J. Zhang.-London, 2016. – 312 p.
Han L., Wei K. Law and practice of civil liability insurance for ship-source oil pollution damage in China. Chapter 11 // Insurance Law in China / Edited J.Hjalmarsson, D.Huang.-London, 2015. – 428 p.
Pham Van Tan, Civil liability for oil pollution damage caused by ships: Chinese legal system and reference to Vietnam // Cogent Business & Management. Published online: 18.12.2019. [Elektronnyi resurs] URL: https://doi.org/10.1080/23311975.2019.1699285 (data obrashcheniya 25.06.2021)
Wang Hui, Civil liability for Marine oil pollution damage: a comparative and economic study of the international, US and the Chinese compensation regime.-Rotterdam: Erasmus univ. Rotterdam, 2011. – 347 p.
Limitation of liability for maritime claims in China-New judicial interpretation comes into force // Gard News 200 N
Reference:
Trofimov E.V..
International cooperation in the area of corruption prevention: global trends and Russian prospects in the international legal policy
// Law and Politics. – 2020. – № 9.
– P. 105-118.
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Abstract: The subject of this research is the international relations associated with the development of cooperation in the area of corruption prevention, and the national legal policy of the countries s in this sphere established since the 1970s to the present day. The article determines the trends in development of international cooperation in the area of corruption prevention, reconstructs the dynamics of international legal policy with consideration of the produced subsequent real effect, as well as analyzes the origination of corresponding international initiatives as the crucial factor in their advancement. The article provides periodization of the process of establishment and development of international cooperation in area of corruption prevention: the first stage (1970 – early 1980s) is characterized by the negotiation process oriented towards creation of international normative legal regulation, but appeared to be inefficient in the situation of international tension and collision of interests; the second stage (late 1980s – 2005) is characterized by the transformation of ideology of the international anti-corruption cooperation, which implies conventional-institutional approach towards international cooperation; the third stage (2005 – present) is marked by the transition towards institutional-procedural mechanism of cooperation. The conclusion is made that the promising victors of international cooperation of the Russian Federation consists in implementation of extraterritorial legal instruments for preventing corruption and adoption of the institutional-procedural approach with essential formal compliance with the international anti-corruption standards.
Keywords: intergovernmental organizations, legal policy, globalization, anti-corruption, international cooperation, Russia, USA, UN, OECD, GRECO
References:
Kashirkina A. A. Antikorruptsionnye standarty OESR: ponyatie i napravleniya implementatsii // Zhurnal rossiyskogo prava. 2013. № 10. S. 76–88.
Fifth evaluation round: Preventing corruption and promoting integrity in central governments (top executive functions) and law enforcement agencies: Evaluation report: Iceland: Adopted by GRECO at its at its 79th Plenary Meeting, Strasbourg, March 23, 2018): Public GrecoEval5Rep(2017)4. URL: https://rm.coe.int/fifth-evaluation-round-preventing-corruption-and-promoting-integrity-i/16807b8218 (data obrashcheniya: 01.09.2020).
Tsirin A. M., Truntsevskiy Yu. V., Seval'nev V. V. Rol' Gruppy gosudarstv protiv korruptsii (GRECO) v implementatsii mezhdunarodnykh antikorruptsionnykh standartov v natsional'noe pravo stran-uchastnikov // Vestnik Nizhegorodskoy akademii MVD Rossii. 2018. № 1 (41). S. 208–215.
Trofimov E. V. Organizatsiya ekonomicheskogo sotrudnichestva i razvitiya (OESR) i regional'nye organizatsii v protsesse globalizatsii mezhdunarodnogo antikorruptsionnogo regulirovaniya (1989–2003 gg
Reference:
Kuznetsova V., Kargovskaia E..
Legal regulation of relations between Spain and Russia in the area of adoption of Russian children by Spanish citizens
// Law and Politics. – 2020. – № 8.
– P. 85-93.
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Abstract: This article conducts the analysis of legal regulation of relations between the Kingdom of Spain and the Russian Federation with regards to adoption of Russian children by Spanish citizens. The authors examine the history of development of bilateral Russian-Spanish cooperation; legal normative base, and procedure for the adoption of Russian orphans in the Russian and Spanish legislation. Statistical data is provided on the trends in adoption of Russian orphans by citizens of the Kingdom of Spain. The article employs the following methods of scientific research: historical, comparative-legal, statistical, and systemic analysis. The relevance of the selected topic is substantiated by the fact the for many years Spain demonstrates consistent interest in this question, ranking second among other countries that adopt children from the Russian Federation. At the same time, the legal and bureaucratic framework for realization of Russian-Spanish cooperation in this field requires improvements. The authors conclude that although the number of adopted Russian orphans by Spanish citizens has dropped in recent years, it is necessary to continue cooperation in this field by improving the existing legislation.
Keywords: orphans, legislation, international adoption, regulatory framework, international cooperation, child rights, citizen, state, Spain, Russia
References:
González S. A. Adopción internacional y sociedad multicultural [International adoption and multicultural society] // Cursos de Derecho Internacional de Vitoria Gastéiz [Courses on International Law of Vitoria Gastéiz].-1998.-№. 1. pp. 175-211.
Ofitsialnyi sait Eleny Mizulinoi [Official website of Elena Mizulina]. URL: http://www.elenamizulina.ru (Accessed on: 08.05.2020)
Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry. URL: https://www.hcch.net/en/instruments/conventions/full-text/?cid=69 (Accessed on: 10.05.2020)
Dogovor mezhdu Rossiiskoi Federatsiei i Korolevstvom Ispaniia o sotrudnichestve v oblasti usynovleniia (udochereniia) detei [Agreement between the Russian Federation and the Kingdom of Spain on cooperation in the field of adoption of children]. URL: http://docs.cntd.ru/document/420218889 (Accessed on: 09.05.2020)
González S. A. Matrimonio entre personas del mismo sexo y doctrina de la DGRN: una lectura más cr&#
Reference:
Kovalev A.A..
U.S. Arctic policy: the agenda of 2019
// Law and Politics. – 2020. – № 1.
– P. 25-37.
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Abstract: This article explores the key stages of the development of U.S. policy with regards to Arctic Region. The goal is set to outline the fundamental interests of the United States in the Arctic, as well as analyze the actions aimed at their achievement. The article examines the main priorities in U.S. Arctic policy, namely the protection and preservation of resources and ecosystem in the Arctic Region, scientific study of climatic changes, peculiarities of economic development of Alaska, and national security interests of the state. The questions of interaction of Arctic states with regards to defense cooperation become increasingly relevant. Consideration of the mid-term and long-term prospects of U.S. Arctic policy allowed the author focusing attention on the news aspects of U.S. government actions. Maritime capabilities of the United States in the Arctic waters are views in the context of modern tendencies. The author attempted to trace the prospects for expansion of U.S. influence in the Arctic Region based on the current agenda of 2019.
Keywords: the continental shelf of the Arctic, northern sea route, Arctic coastal States, USA, NATO, Arctic, international relations, international security, security, Arctic Council
References:
Schmitt E. Russia Bolsters Its Submarine Fleet as Tensions With US Rise // New York Times / [Elektronnyy resurs] URL: http://www.nytimes.com/2016/04/21/world/europe/russia-bolsters-submarine-fleet-and-tensionswith-us-rise.html?_r=1
Report to Congress on Arctic Operations and the Northwest Passage // US Department of Defense / [Elektronnyy resurs] URL: http://www.defense.gov/Portals/1/Documents/pubs/Tab_A_Arctic_Report_Public.pdf
Papp R. Statement of Admiral Robert J. Papp, Jr. Special Representative for the Arctic U.S. Department of State Before the Committee on Foreign Affairs // [Elektronnyy resurs] URL:http://docs.house.gov/meetings/FA/FA14/20151117/104201/HHRG-114-FA14-Wstate-PappR-20151117.pdf
O’Rourke R. Coast Guard Polar Icebreaker Modernization: Background and Issues for Congress // Congressional Research Service / [Elektronnyy resurs] URL: https://www.fas.org/sgp/crs/weapons/RL34391.pdf
Nelsen A. Shell Has Frozen its Arctic Oil Drilling – But its Still Hungry For Fossil Fuels // The Guard
Reference:
Lisauskaite V.V..
Humanitarian cooperation in the area of protection against disasters and center of disaster response – “soft power” in advancement of Russia’s interests abroad
// Law and Politics. – 2019. – № 8.
– P. 101-118.
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Abstract: The subject of this research is the establishment and promotion of the international humanitarian centers as the means of “soft power” for creating a positive image of Russian in Eastern Europe and Transcaucasia. The author meticulously examines the peculiarities of the institution of “soft power”, as well as its application techniques. One of the recent is the humanitarian cooperation realizes by the Russian Federation in form of institutional international cooperation of the specially designed centers that provide humanitarian aid and other assistance in the area of protection against disasters. Special attention is given to the activity of the Russian-Serbian Humanitarian Center, its legal and political status, foreign policy issues encountered by the partnering countries. The scientific novelty is defined by the fact that the international humanitarian centers became the subject of interdisciplinary research for the first time. The author describes them as the international law institutions on one hand, and the state’s “soft power” strategy on the other. Humanitarian cooperation itself is rarely analyzed in the context of fulfilling foreign policy interests of the country. The author underlines the following facts: the importance of application of the various “soft power” techniques for creating the country’s image and advancing its foreign policy; use of humanitarian cooperation in the area of protection against disasters in this context as one of the effective methods; despite the existing opposition of Western countries, the further implementation and promotion of the activity of humanitarian centers is necessary.
Keywords: international centre, image of the state, foraign policy, humanitarian centre, international cooperation, protaction of disasters, humanitarian cooperation, soft power, humanitarian assistance, foraign policy interests
References:
Alekseeva T. «Myagkaya sila» v teorii i praktike mezhdunarodnykh otnosheniy. Politicheskoe prostranstvo i sotsial'noe vremya: identichnost' i povsednevnost' v strukture zhiznennogo mira. 2016. S. 5 - 21.
Nye J., Wang Jisi. The Rise of China’s Soft Power and its Implications for the U.S. / Power and Restraint: a shared Vision for the U.S. - China Relationship. Eds. R. Rosecrance, Gu Guoliang. N.Y. 2009. P. 23 – 24.
Karasin G.B. Interv'yu stats-sekretarya – zamestitelya Ministra inostrannykh del Rossii G.B. Karasina zhurnalu «Svobodnaya mysl'». 2010. №12 [Elektronnyy resurs]. URL : http://www.mid.ru/bdomp/brp_4.nsf/6a5f93a96aa86373c3256fd00540599/25c601b45628acd4c3257824002b6fe4!OpenDocument (data obrashcheniya 25.03. 2018 g.)
Nye J. The future of power. New York: Public Affairs. 2011. P. 84.
Zaryanov E.P. Myagkaya sila kak kharakternyy priznak politicheskogo vliyaniya velikoy derzhavy v usloviyakh mnogopolyarnogo mira // Mirovaya politika. – 2015. – № 1. – S. 89 - 122. DOI: 10.7256/2306-4226.2015.1.12649 URL: https://nbpublish.c
Reference:
Shugurova I.V..
Political law questions of formation of the regional innovation system of EAEU member-states in the conditions of digitalization of economy
// Law and Politics. – 2019. – № 8.
– P. 18-40.
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Abstract: The subject of this research is the EAEU policy in the area of innovation development aimed at solving the task of formation of the regional innovation system in the context of implementation of the digital economy agenda. The author focuses on the correlation between the aforementioned policy and cooperation of the EAEU member-states in establishing the right to intellectual property. Special attention is given to the analysis of possible algorithms of the formation of regional innovation system and usage potential of the digital platforms. The also author underlines that all member-states should witch to unified policy in this sphere. Application of the comparative-legal method allowed to compare the legal framework for ensuring innovation development in the conditions of digital economy in EU and EAEU with consideration of the growing role of the right to intellectual property in these processes. The scientific novelty consists in the following: the questions of EAEU legislation in the area of the right to intellectual property are presented in light of cooperation on the convergence of innovation development of the EAEU member-states in terms of implementation of the strategy of digitalization of economy. The key conclusion of the conducted research consists in the statements that the content of EAEU strategies in the area of intellectual property and innovation development should reflect the measures on formation of the regional innovation system, considering digitalization of law and intellectual property systems.
Keywords: regional integration, clusters, EAEU, regional innovation system, digital agenda, digital technologies, intellectual property, innovation infrustructure, European union, legal policy
References:
Gruppa Vsemirnogo Banka. Tsifrovaya povestka Evraziyskogo ekonomicheskogo soyuza do 2025 g.: perspektivy i rekomendatsii. Obzor. M.: EEK, 2017. 30 s.
Kartskhiya A. Tsifrovoy imperativ: novye tekhnologii sozdayut novuyu real'nost' // Intellektual'naya sobstvennost'. Avtorskoe pravo i smezhnye prava. 2017. № 8. S. 17–26.
Forum «Tsifrovaya povestka v epokhu globalizatsii 2.0. Innovatsionnaya ekosistema Evrazii» (Almaty, 1 fevralya 2019 g.). URL: https://www.eurasiancommission.org/ru/nae/event/Pages/28-01-2019.aspx (data obrashcheniya: 15.04.2019).
Vystuplenie D.A. Medvedeva na plenarnoy sessii foruma «Tsifrovaya povestka v epokhu globalizatsii 2.0. Innovatsionnaya ekosistema Evrazii». URL: https://governmetn.ru/news/35588/ (data obrashcheniya: 19.06.2019).
Popenko A.V. Razvitie innovatsionnoy politiki v Rossii // Pravo i politika. 2019. № 5. S. 18–23.
Strelkova I.A. Tsifrovaya ekonomika: novye vozmozhnosti i ugrozy dlya razvitiya mirovogo khozyaystva // Ekonomika. Nalogi. Pravo. 2018 № 2. S. 18–26.
Itogovyy dokument: Rekomendatsii uchastn
Reference:
Kasyanov R.A., Golovanov A.S..
International monitoring of elections. Practice of OSCE and Council of Europe
// Law and Politics. – 2018. – № 3.
– P. 22-31.
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Abstract: This article is dedicated to the problem that is especially relevant for Russia at the moment. In March of 2018, presidential elections will be held in Russia, and in September – the direct elections of the heads of 17 subjects of Federation, including Moscow mayoral election. In the conditions of aggravation of relations with the West, the results of elections will compel special attention of foreign observers, including possible doubts in legitimacy of decision made by Russians. International monitoring at the elections allows forming a clear idea on the elections. The goal of this article is to reveal the importance of international monitoring of national election. The author also solves other tasks associated with revelation of historical facts, development of the institution of international monitoring of elections; as well as demonstrates the role and specificity of the works of OSCE and Council of Europe. The article examines a number of aspects that have not been previously discussed in the works of Russian authors. It is noted that the international monitoring has become a traditional form of control over the elections held at the various levels. The author makes generalizing conclusions and provides recommendations that can be considered in future organization of the national, regional, and local elections.
Keywords: European law, international law, international elections, CSTO, CIS, Council of Europe, OSCE, foreign policy, domestic policy, international organizations
References:
Venice Commission/OSCE/ODIHR Joint Guidelines for Preventing and Responding to the Misuse of Administrative Resources During Electoral Processes (14 March 2016), CDL — AD(2016)004.
Resolution 409 (2016). Revision of the Rules and Procedures of the Congress debated and adopted by the Congress at its 31st session on 21 October 2016 and revised at its 32ns session on 30 March 2017. Resolution 418 (2017).
Resolution 307 (2010). REV2 Procedures for monitoring the obligations and commitments entered into by the Council of Europe member states in respect of their ratification of the European Charter of Local Self-Government (ETS No. 122) debated and adopted by the Congress on 30 October 2013, 2nd sitting (see Document CG(25)13 explanatory memorandum), rapporteur: Lars O. Molin, Sweden (L, EPP/CCE).
Resolution 353 (2013). Congress post-monitoring and post-observation of elections: developing political dialogue Debated and adopted by the Congress on 20 March 2013, 2nd Sitting (see Document CG(24)7, explanator
Reference:
Kolomeitseva N.A., Kochubei O.I..
BRICS: institutional potential of Russian in implementation of the Asia-Pacific political vector
// Law and Politics. – 2018. – № 3.
– P. 32-38.
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Abstract: The object of this research is the activation of the Asia-Pacific political vector of Russia. The East development plan declared by the President in 2013 alongside the foreign policy turn of the Russian Federation towards the East due to the current crises of the system of international relations, created the additional prerequisites for close integration of the Russian Federation and its Far Eastern subjects with the Pacific Rim countries. The authors assume that the activity of the Russian Federation within the framework of the international institution of BRICS, which membership Russia has for over a decade, falls within the concept of modern eastern policy of Russia. For revealing the institutional potential of Russia for realization of its “eastern” political vector through BRICS, the authors analyze the participation of Russia in the integration processes in the East, as well as the interests of the key players of the “five”. The scientific novelty lies in application of the complementarity approach of BRICS mechanism and pursuance of its leading actors, including Russian Federation, towards realization of the “eastern” foreign policy vector. The researchers believe that in the conditions of global tension, the institutional potential of BRICS will encourage Russia’s integration into the Pacific Rim.
Keywords: institutes, international relations system, actors, federal policy, foreign policy, international integration, Asia Pacific, BRICS, transformation, processes
References:
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Titarenko M. L. O roli i znachenii otnosheniy mezhdu RF i KNR v kontekste osnovnykh osobennostey sovremennoy mezhdunarodnoy obstanovki // Problemy Dal'nego Vostoka. 2010. №1.
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Reference:
Volokh V.A., Voronina N.A..
On the question of dual citizenship
// Law and Politics. – 2018. – № 1.
– P. 39-47.
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Abstract: The object of this research is the international and domestic legal regulation in the area of dual citizenship. The subject is the dual citizenship. The issue of dual citizenship is currently relevant not only for Russian Federation, but also many other countries. The current models of legal regulation of dual citizenship greatly differ from country to country, without meeting the needs of the individual in the modern world and causing many collisions in the legal systems. The authors analyze international law and national models of regulation of the question of dual citizenship, primarily from the positions of human rights. The novelty of this research partially consists in account of the latest trends in domestic policy of a number of countries on the question of dual citizenship. The work reveals the peculiarities of the legal regulation of dual citizenship within the framework of integrated union states. Special attention is given to the evolution of legislation in Russia. The authors conclude that in the modern world of agitated global political processes, the issues resulting from simultaneous belonging to different legal systems due to citizenship require modernization of approaches to the established models of legal regulation and development of clear definitions in both international and domestic laws.
Keywords: convention, human rights, obtaining citizenship, migration, legislation, dual citizenship, citizenship, state, treaty, law
References:
Byulleten' mezhdunarodnykh dogovorov. 1996. № 6. S. 11.
Zdes' i dalee ispol'zovany materialy Konsul'skogo departamenta MID Rossii.
Kartashkin V.A. Problemy regulirovaniya grazhdanstva i prav cheloveka v mezhdunarodnom prave i v zakonodatel'stve nekotorykh stran mira. Moskovskiy tsentr Karnegi. Fond Karnegi za mezhdunarodnyy mir. – M.:, 1995 g. S. 11.
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Reference:
Tlostnakov A.A..
Foreign policy legitimation of political power in the de facto states
// Law and Politics. – 2017. – № 11.
– P. 53-60.
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Abstract: The subject of this research is the methods of foreign policy legitimation of political power in the post-Soviet de facto states. The object of this research is the foreign policy activity of the aforementioned political-territorial entities. Special attention is given to the description and analysis of the political (opening of embassies and representative establishments; creation of alternative international organizations), economic (establishment of economic ties with other countries; participation on international forums and exhibitions), as well as cultural (promotion of brand of the de facto state using the instruments of cultural diplomacy) instruments of the foreign policy legitimation. The topic at hand is insufficiently studied and of practical relevance because the political processes in the de facto states and their further institutionalization strongly affect the relations between countries within the region. The author comes to a conclusion that the presence or absence of a vast foreign diaspora produce substantial impact upon the character and scale of the foreign policy legitimation of political power in the de facto states.
Keywords: South Ossetia, Abkhazia, representative establishment, embassy, diaspora, political power, legitimation of power, de facto state, Nagorno-Karabakh, Transnistria
References:
Helman Gerald, Ratner Steven. Saving Failed States // Foreing policy. 1992-1993. №89. P. 3-20.
Pegg S. International Society and the De Facto State. Aldershot: Ashgate, 1998. P. 308.
Medzhitov M. E. Legitimatsiya gosudarstvennoy vlasti kak problema sovremennoy politicheskoy praktiki // Uchenye zapiski Tavricheskogo natsional'nogo universiteta im. V. I. Vernadskogo, Tom 24 (63), №3-4. S. 164-170.
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Yuzhnaya Osetiya sekonomila deneg na posol'stve v Nikaragua URL: http://www.mk.ru/politics/2011/08/31/619263-yuzhnaya-osetiya-sekonomila-deneg-na-posolstve-v-nikaragua.html (data obrashcheniya 06.11.2017)
Postoyannye predstavitel'stva URL: http://www.nkr.am/ru/permanent-representations/104/ (data obrashcheniya 30.10.2017).
Kh'yuitt: yazyk – osnova, bez nego nel'zya sokhranit' samobytnost' abkhazov URL: http://sputnik-abkhazia.ru/analytics/20151111/1016263454.html (data obrashcheniya 25.10.2017)
Kitay rass
Reference:
Belikova K.M..
Legal position of companies engaged in business activities in China. What you need to know when establishing a company?
// Law and Politics. – 2017. – № 5.
– P. 27-41.
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Abstract: The subject matter of this article comprises legal aspects of different kinds of companies engaged in business activities in one of the BRICS countries and the partner of Russia – China, from the perspective of preference of doing business the work characterizes main features of each of the countries. This research includes the most important facets of their functions, from establishment to liquidation. Special attention is paid to the question of issue and characteristics of the shares, the rights and obligations of the parties, as well as the order of functions of the administration. From this position the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusions of the study are, in particular, provisions according to which it iss established that national peculiarities of legal framework of activities of business companies in China are manifested in the conditions of formation of the authorized capital (the timing, amounts and types of payment, including payments at the time of registration), in the terms permitted by law to their participants; in the definition of the laws with regard to the quorum of the General meetings and number of votes for adoption of their decisions; in the composition, competence and responsibility of the Board of Directors and Supervisory Board; in the requirement of PRC law to establish companies and ensure the work of the Communist Party and Trade Unions; in the procedure of liquidation that requires uniform implementation stages. The results presented in this article are the source of relevant and up to date information about the existing law of one of the fastest growing countries in the world, and thus can be useful for practitioners with ties to China, as well as law enforcement bodies in Russia. It also serves as a source of valuable information that enriches the domestic private law.
Keywords: articles of Association, corporate management structure, establishment of a company, issue of shares, business companies, China, BRICS, reorganization, liquidation, business
References:
Belikova K.M. Sliyaniya i prisoedineniya v ES. // Konkurentsiya i rynok. – Mart 2011. – № 1(49). – S. 8-13.
Belikova K.M., Inshakova A.O. Rol' direktivnogo metoda ES v regulirovanii voprosov sliyaniya, pogloshcheniya i razdeleniya kompaniy. // Sovremennoe pravo. – 2010.-№ 11. – S. 140-144.
Belikova K.M. Kontrol' za reorganizatsiey yuridicheskikh lits v forme sliyaniy i prisoedinenii v prave stran MERKOSUR. // Zhurnal zarubezhnogo zakonodatel'stva i sravnitel'nogo pravovedeniya. – 2009. – Vtoroy vypusk (№ 17). – S. 47-55.
Ioffe O.S. Pravosub'ektnost' sotsialisticheskikh organizatsiy. // Izbrannye trudy po grazhdanskomu pravu: Iz istorii tsivilisticheskoy mysli. Grazhdanskoe pravootnoshenie. Kritika teorii «khozyaystvennogo prava». 2-e izd., ispr. – M.: «Statut», 2003.-S. 297-333.
Ifraimov V.Yu. Khozyaystvennye tovarishchestva i obshchestva v stranakh BRIKS: opyt Rossii, Kitaya i Yuzhnoy Afriki. // Advokat. 2013. № 10. S. 44-51.
Belikova K.M. Zashchita prav rabotnikov predpriyatiy, vkhodyashchikh v gruppu, v stranakh Latinskoy Ameriki. // Zakonodatel's
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