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Publications of Gorian Ella
Administrative and municipal law, 2020-4
Gorian E. - Critical information infrastructure of the Peoples Republic of China: peculiarities of legal regulation in the area of ensuring information security of the financial-banking sector pp. 45-57

DOI:
10.7256/2454-0595.2020.4.32878

Abstract: The object of this research is the legal relations emerging in regulation of critical information infrastructure with regards to ensuring information security of the financial-banking sector of the People’s Republic of China. Characteristic is given to the Law on Cybersecurity, acting and developing draft bills of the People’s Republic of China in the area of security of critical information infrastructure. The author examines the peculiarities of regulation of relations in the sphere of critical information infrastructure and their role in ensuring cybersecurity of financial-banking sector. Factors affecting formation of the national mechanism of ensuring security of critical information infrastructure are determined. For the purpose of acquiring most accurate scientific results, the author applies legal-dogmatic approach, hermeneutic and synergetic methods of scientific cognition. Despite the numerous existing and developing sources of legal regulation of critical information infrastructure, the normative mechanism of ensuring its security is characterized by interrelatedness, and reflects overall character of the regime of China’s digital policy. The Law on Cybersecurity of the People’s Republic of China establishes the general norms, as well as draft bills – special norms; and the standards contain high-tech methodical recommendations that allow clarifying possible ambiguity of general and special norms. However, even within the limits of this mechanism is observed a partial overlap of responsibilities, including in the financial-banking sector, which complicates the process of identification of objects and determination of subjects of critical information infrastructure. Establishment of the mechanism is also perplexed by the need of simultaneous achievement of goals in the spheres of national security and economy, particularly in opposition during talks with the United States, which promotes policy of economic expansion onto China’s market, using tariff and nontariff measures as the levers of pressure.
Administrative and municipal law, 2020-3
Gorian E. - Cybersecurity law of the Peoples Republic of China as a key instrument for ensuring information security of the banking and finance system pp. 47-55

DOI:
10.7256/2454-0595.2020.3.32677

Abstract: The object of this research is the legal relations that emerge in ensuring informations security of the banking and finance system of the People’s Republic of China. The work characterizes China’s cybersecurity law, which was enacted in 2017. The author determines the key positions of this statutory act that establishes the foundation for national institutional and normative-legislative mechanism of ensuring information security of the banking and finance sectors as objects of critical information infrastructure. China’s cybersecurity law represents a fundamental piece of legislation that defines the principles, mechanisms and order of ensuring information security. It defines critical information infrastructure through nomenclature of the sectors and indication of criteria for designation of one or another sector as critical information infrastructure. The banking and finance sector meets such criteria, thus ensuring its information security is based on the general positions of this legislation. The law determines the regime of protection of personal data, as well as obligations of network carriers that are included into the institutional mechanism of provision of cybersecurity. All aforementioned facts make China’s cybersecurity law a key legislative instrument of the mechanism of ensuring information security of the banking and finance system.
Administrative and municipal law, 2020-1
Gorian E. - Singapore state strategy on development of intellectual property: normative-legal and institutional aspects pp. 10-21

DOI:
10.7256/2454-0595.2020.1.31490

Abstract: The objects of this research is the relations emerging in implementation of state strategy on development of intellectual property in Singapore. The work expounds the significance of normative-legal and institutional elements of state mechanism of protection of intellectual rights in realization of the strategy, The author highlights the key aspects of implementation of the strategy on transforming Singapore into a hub of intellectual property in Asia that determine the coordinative role of the state in this process. Research is conducted on the Intellectual Property Hub Master Plan of 2013, forming the content of state strategy for development of intellectual property in Singapore. The Singapore’s Intellectual Property Hub Master Plan intends close cooperation and interaction between all institutional elements of national mechanism of protection of intellectual rights. The normative framework for implementation of this plan consists in the legislation, which employs international standards in the area of intellectual property. Singapore’s state development strategy is aimed at attaining the leading position in the region and the world by creating the system of alternative settlement of disputes, qualitative and quantitative strengthening of the pull of specialists in the sphere of intellectual property, involvement of private sector, connecting the state to international bases and systems, reexamination of tax breaks and preferences, as well as stimulation of scientific research and proliferation of the experience of strategic planning.
Administrative and municipal law, 2019-5
Gorian E. - Developing Russia's Legal Mechanism of Cybersecurity: Choose a 'Special Path' or Follow International Trends? pp. 29-43

DOI:
10.7256/2454-0595.2019.5.30140

Abstract: The object of the research is the relations arising in the process of improving the national legal mechanism of cybersecurity insurance with new cyber threats coming out these days. Goryan analyzes peculiarities of Russian laws and institutional mechanisms of information security and describes the role and influence of the Russian Federation on the development of the international system of information computer technology security. Goryan analyzes and evaluates the law on 'autonomous' Internet as well as the law on localization of data according to international trends and information security standards. In the course of the research Goryan has applied general research methods (systems structural approach, formal law method and hermeneutical method) and special legal research methods (comparative law and formal law methods). The Russian Federation is the key actor in the development of international system of information computer technology security. Development of Russian legal mechanism of cybersecurity follows the pattern typical for many countries of the world. According to the author, the 'autonomous Internet' model is worthy of declared target and potential threats are expected and may be eliminated by the tools available. The Russian model of data localization within national jurisdiction is a normal response to cyber threats and is aimed at reduction of potential risks none of the country is safe from, even the countries that are believed to have the best mechanism of cyber security (Singapore for instance). In the lon-term perspective itis recommended for Russian legislator to consider potential use of measures similar to those that have been recently applied by the USA, Australia and Great Britain to strengthen requirements for imported equipment, especially amid intense development of 5G generation networks.
Administrative and municipal law, 2019-4
Gorian E., Barannik I.N. - Provision of Information Security in the Financial Sector As Part of Implementation of National Program 'Digital Economics of the Russian Federation' pp. 27-40

DOI:
10.7256/2454-0595.2019.4.29911

Abstract: The object of the research is the relations that arise in the process of implementation of National Program 'Digital Economics', in particular, provision of information security in Russia's financial system. The researchers define the role of state financial regulatory authority in implementation of the aforesaid program taking into account special features of such financial regulatory authority's legal status. They also analyze key documents that constitute regulatory mechanisms of information security in Russia's financial and banking systems. The authors describe particular activities of Information Security competence center and prove the need to appoint the Bank of Russia as such competence center. In the course of their research the authors have used general research methods (structural-functional and hermeneutical) and special research methods (formal law and history of law methods). According to the authors, despite a serious constitutional legal status and practical experience in provision of security at financial institutions, National program 'Digital Economics of the Russian Federation' does not use potential of the financial regulatory authority to the full extent, even though objectives to be achieved by the competence center are of state nature and thus should be performed by a competent authority. As a proof and logical outcome of declaring an impmortant role of financial regulatory authority, the government must appoint the Bank of Russia as the competence center for the federal project 'Digital Economics' because this financial regulatory authority has all necessary organizational and legal competences and material resources (FinCERT). 
Administrative and municipal law, 2018-11
Gorian E. - Identification of Critical Information Infrastructure Facilities in the Russian Federation and Singapore: Comparative Law Aspect pp. 44-56

DOI:
10.7256/2454-0595.2018.11.28211

Abstract: The object of the research is the relations that may arise in the process of the identification of the critical information infrastructure facilities for safety reasons. Goryan analyzes the main constituent elements of the legal mechanisms of the critical information infrastructure identification in the Russian Federation and Singapore. He describes the legal status of competent actors and the procedure of the critical information infrastructure identification. The researcher defines both similarities and differences in the legal regulation of the identification process as well as drawbacks and benefits of the mechanisms of critical information infrastructure identification. He also makes suggestions on how to improve the current Russia's regulation mechanism. To achieve better and more valid results, the author has applied a number of general research methods (structured systems approach, formal law and hermeneutical analysis) and special research methods (comparative law and formal law methods). As a result of his research, Goryan emphasizes the need to eliminate the drawbacks of the Russian mechanism of the critical information infrastructure identification using the experience of Singapore and clarifying the prcedure of categorization of critical information infrastructure facilities, extension of powers and appeal of actions (decisions) of a competent actor (Federal Service for Technical and Export Control). 
Administrative and municipal law, 2018-9
Gorian E. - Institutional Mechanisms of Ensuring the Critical Information Infrastructure Safety in the Russian Federation and Singapore: Comparative Law Analysis pp. 49-60

DOI:
10.7256/2454-0595.2018.9.27762

Abstract: The object of the research is the relations arising in the process of using the national legal mechanism of cybersafety. The subject of the research is the particular legal acts that are issued in the sphere of regulation of critical information infrastructure safety in the Russian Federation and Singapore as well as international standards therein. The author of the article examines institutional mechanisms of ensuring the safety of the critical information infrastructure and analyzes law-making and law-enforcement processes in the sphere of information security. Goryan outlines drawbacks and benefits of the aforesaid national mechanisms and offers suggestions on how to improve the Russian mechanism. In order to obtain valid research results, the author has applied a number of general research methods (structured system analysis, formal law and hermeneutical methods) and special research methods (comparative law and formal law analysis). From the point of view of international standards, the Russian Federation and Singapore demonstrate a relatively high level of critical information infrastructure safety. The drawback of the Russian law is the fact that there is no legal regulation of the process of information network identification as objects and organisations of critical information infrastructure. The peculiar feathre of the Russian mechanism is the multiple number of actors that ensure the critical information infrastructure safety unlike the Singapore mechanism that has only one department. However, the Russian mechanism has such advantanges as the involvement of the service that has special forces and competences as well as procedural means to make a fast reponse to cyber attacks. As a result, the author concludes that there is a need to study and perhaps legally enforce such instruments of critical information infrastructure safety as training and audit of critical information infrastructure actors as it is done in Singapore. 
Security Issues, 2018-6
Gorian E. - Cooperation Between Russia and in the Field of Cybersecurity: Intermediary Results and Areas for Further Development pp. 56-70

DOI:
10.25136/2409-7543.2018.6.28360

Abstract: The object of the research is the relations that may arise during cooperation between the Russian Federation and Association of Southeast Asian Nations in the field of cypersecurity. The author describes legal and institutional mechanisms of such cooperation in the fields of security and cybersecurity and defines the role of the leading states of the region in the development of the architecture of international relations, describes areas of their foreign policy and analyzes the nature of the cooperation between the Russian Federation and ASEAN in the fields of information security, prospects of such relations taking into account historical, political and economic factors. In order to obtain more valid results, the author has applied a set of general research methods (system structural, formal law and hermeneutical methods) and special research methods (comparative law and historical law). The cooperation between Russia and ASEAN in the field of cyberspace is neccesary to be improved for the benefit of Russia, in particular, through arranging economic and trade relation in the sector of information technologies, qualitative and quantitative reinforcement of the cooperation between CERT-teams, and development of bilateral intergovernmental and nongovernmental connections with the leading states of the region. 
Financial Law and Management, 2018-2
Gorian E. - The Role of the Financial Regulatory Authority in Cybersecurity Provision: Experience of Singapore pp. 25-38

DOI:
10.7256/2454-0765.2018.2.27704

Abstract: The object of the research is the relations that may arise in the process of cybersecurity provision. Based on the example of Singapore, the center of financial and economic life of the Southeast Asia, Goryan defines the role of the financial regulatory authority, Monetary Authority of Singapore (MAS), in the provision of cybersecurity of the financial and banking sectors. The author describes peculiarities of the legal status of MAS that determine the coordination role in the institutional mechanism of cybersecurity provision. He also studies the key documents of MAS as the grounds for the legal mechanism of cybersecurity provision in Singapore. In order to receive the most valid results, the author has applied a set of general research methods (structured systems approach, formal law method and hermeneutical method) and special research methods (comparative law and formal law methods). The monetary and financial management of Singapore covers such aspects of security as confidentiality and privacy of information by issuing special acts and mandatory regulations for financial institutions. There is a draft law on cyber hygiene that would be mandatory for all financial institutions and define mandatory safety requirements for financial services. Non-observance of these regulations would result in revocation of a license. Organisational and legal mechanisms are actively used, too, such as the Agency of Cybersecurity of Singapore, research institutions and heads of cybersecurity departments at major financial enterprises and banks of the world. All this defines the key role of the financial regulatory authority in the provision of information security of the financial and banking sectors. 
Administrative and municipal law, 2017-12
Gorian E., Netrusov Y. - Perspectives for Implementing Part 1 of Article 6.21 of The Code of the Russian Federation on Administrative Offences in Relation to the Decisions of The European Court on Human Rights of June 20, 2017 Regarding the Case 'Baev and Others against the Russian Federation' (Complaints 67667/09, 44092/12, 56717/12) pp. 34-47

DOI:
10.7256/2454-0595.2017.12.24819

Abstract: The authors of this article analyze the problems and perspectives of implementing provisions of the Russian law prohibiting propaganda of non-traditional sexual relations relations to the underaged taking into account decisions made by The European Court of Human Rights. The authors touch upon approaches and arguments of international and national judicial authorities and analyze judicial practice o fRussian courts on implementing the provisions of The European Court on Human Rights on restriction of rights and discrimination. The authors deine drawbacks of the Russian law prohibiting propaganda of non-traditional sexual relations to the underaged. The methodological basis of the research includes system-structure, formal-logical and hermeneutical methods. Special law methods used by the authors included cmparative law and formal law methods. Based on the authors, Russian Federation courts tend to ignore arguments of The European Court on Human Rights and demonstrate a conservative approach appealing to traditional values and religious morals while ignoring scientifically proved facts. The European Court on Human Rights' approach is based on facts about society's development and modernization of social relations as well as scientifically proved data. The term 'non-traditional sexual relations' used by the Russian legislation is also very contradictory and not defined by the law in full which makes it difficult to implement the provisions of the law and violates the principle of legal certainty. The decision would be to exclude the provisions prohibiting propaganda of non-traditional sexual relations to the underaged from the shere of law. 
Administrative and municipal law, 2017-11
Gorian E. - Peculiarities of government control in the labour sphere in the companies of the residents of the free port of Vladivostok pp. 11-20

DOI:
10.7256/2454-0595.2017.11.24701

Abstract: The research subject is the peculiarities of government control in the labour sphere in the companies of the residents of the free port of Vladivostok. The specificity of the legal regime of the free port of Vladivostok, characterized by decreasing the redundant control of the government bodies and the possibility of employing migrants without quotas and limitations, defines the risk of employer’s abuses in the labour sphere. The purpose of the research is to define contradictions in the international regulation of the activities of labour inspections and the legislation on the free port of Vladivostok, and to develop their solutions. To acquire the most reliable scientific results, the author uses general scientific methods (system-structural, formal-logical and hermeneutical) and specific legal methods (comparative-legal and formal-legal). These methods are used as a complex. The author concludes that the legislation about the free port of Vladivostok doesn’t conform to international obligations of the Russian Federation in the sphere of control over labour inspections. The revealed contradictions can hamper the performance of its functions by a labour inspection in the companies of the residents of the free port of Vladivostok. The author offers two ways two solve this problem. In the first case it is necessary to make changes in the corresponding subordinate acts. Otherwise, law enforcing subjects should ignore the provisions of the legislation on the free port of Vladivostok contradicting the Labour Inspection Convention. 
Administrative and municipal law, 2017-10
Gorian E., Horian K. - Formation of the Russian concept of environmental law: response to the modern challenges pp. 24-40

DOI:
10.7256/2454-0595.2017.10.24360

Abstract: The article studies the development of the Russian concept of environmental law within the modern international concept of environmental protection and management in the context of inherent and continuous process of environmental protection for the purpose of sustainable development. The authors define the key challenges influencing the content of the Russian concept of environmental law: the level of legal culture of society and individuals, inharmonious coexistence of society and nature, lack of motivation of the participants of environmental legal relations, political nature of international cooperation, disregard to scientific knowledge and technologies. To obtain reliable scientific results, the authors use the range of general scientific (system structural, formal-logical and hermeneutical) and specific (historical-legal, comparative-legal and formal legal) methods and the sociocultural method of scientific cognition. The authors conclude about the possibility of operative response of the concept of environmental law to the modern challenges, and define economic factors of such a response. The prevailing ideas form the factual Russian concept of environmental law, which is characterized by consumptive, barbaric nature. To correct this situation, the authors suggest giving more attention to the formation of a high level of legal and environmental culture of citizens: consistent and system work should be done to improve legal education of individuals and society as a whole. The state should have a leading role in this process – elaborating the system of incentives able to promote lawful behavior of individuals and forming their motivation by increasing the level of legal culture. 
Administrative and municipal law, 2017-9
Gorian E. - The role of local governments of Japan in ensuring the rights of the Ainu people pp. 20-31

DOI:
10.7256/2454-0595.2017.9.23990

Abstract: The research subject is the provision of rights of indigenous people by local governments in Japan. The author analyzes the legal mechanism of ensuring the rights of the Ainu people. The article considers such aspects of the problem as the formalization of the legal status of the Ainu people, the peculiarities of local governments in Japan, their functions and competences. The author gives attention to the interaction between social organizations and local governments in the sphere of ensuring the rights of the Ainu people. The author studies the peculiarities of provision of their rights in different regions of Japan. To acquire reliable scientific results, the author uses the set of general scientific methods (system-structural, formal-logical and hermeneutic) and specific legal methods (historical-legal, comparative-legal and formal-legal). Local governments play the key role in ensuring the rights of the people of Ainu in Japan. In the result of the local government reform and decentralization of the authority, local governments in Japan have a wide scope of competence in local issues, including almost all spheres of life of individuals and communities. Therefore, local governments are directly in charge of ensuring the rights of the Ainu people in the spheres of education, culture, social security and employment. Therefore, the legal mechanism of ensuring the rights of the Ainu in Japan is decentralized and local. Local governments implement local initiatives of social organizations of the Ainu taking into account social situation in the regions. 
Administrative and municipal law, 2017-7
Gorian E. - Topical issues of implementation of international standards of the work of labour inspections by the Russian Federation pp. 39-56

DOI:
10.7256/2454-0595.2017.7.23696

Abstract: The research object is relations in the sphere of work of labour inspections. Russia has implemented one of the three existing conventions containing international labour standards regulating the work of labour inspections. Labour inspections can’t effectively fulfil international labour standards if they don’t study and apply subsidiary provisions related to the topical issues of today: regulation of migrants’ labour, gender discrimination, child labour exploitation including the worst its forms; struggle against HIV/AIDS; informal employment, etc. To acquire the most reliable scientific results, the author uses the set of general scientific (system-structural, formal-logical and hermeneutical approaches) and specific legal methods of cognition (comparative-legal and formal-legal methods). These methods are used as a whole. The analysis of Russian legislation allows the author to conclude about formalization and specification of international labour standards in the sphere under study. But in order to fulfill its duties, a labour inspection should take into account subsidiary sources of international law, which specify standards, contain information about successful foreign experience and the ways and methods of solving topical social problems. Until recently, labour inspectors had to control the observance of labour legislation only in the formal sector of the economy; however, the involvement of the great majority of population into informal economy, which is wide spread in developing countries or developed countries in the state of economic crisis, including Russia, causes the necessity to reconsider the existing approaches. In the context of the modern economy, labour inspections have to be more initiative in goal-setting and cooperation with employers and employees actively helping them to achieve these goals. Labour inspections have to be involved in elaboration and fulfillment of plans and campaigns and in the process of evaluation of the results achieved. Prevention has to be a priority instead of compensation. Current Russian legislation allows labour inspectors to combine the methods of consulting and coercion and use technical solutions, thus significantly broadening the standards established by the 1947 Labour Inspection Convention (No 81), involving all the interested parties (entrepreneurs’ organizations and employees) into the process of social dialogue. 
Administrative and municipal law, 2017-6
Gorian E. - Adaptation of migrant domestic workers as a means of guaranteeing national security: international tendencies and the experience of Canada pp. 50-64

DOI:
10.7256/2454-0595.2017.6.23496

Abstract: The research subject is international tendencies and national mechanisms of guaranteeing the rights of migrant domestic workers in the context of their adaptation to new social relations for national security protection. Migrant domestic workers are the most vulnerable category of labor migrants, which is explained both by their gender and by the peculiarities of their work. Multiple exploitation (by employers, families and the state of origin), isolation determined by the specificity of work (especially connected with home care), complicated family relations – these factors have negative impact on psychological and physical condition of migrant domestic workers, increasing the risk of negative influence of asocial persons, formation or aggravation of mental diseases. To acquire the most reliable scientific results, the author uses the set of general scientific methods (system-structural, formal-logical, hermeneutical approaches) and specific methods of legal cognition (comparative-legal and formal-legal methods). Taking into account the specificity of the research subject, the author applies the interdisciplinary approach based on sociological data. The impossibility to realize public supervision in the sphere of migration and protection of labor, low level of legal culture and religion-based legal consciousness of most migrant domestic workers are the factors of their involvement in extremist (terrorist) activities. Therefore, it is critically important to implement the state policy aimed at adaptation and involvement of migrant domestic workers in social relation using the activities of social organizations, cultural and national centers, labor unions, etc. It is necessary to as soon as possible ratify the Convention No 189, containing minimum labor standards for migrant domestic workers, and, taking into account the experience of Canada, successfully realizing the Live-in Caregiver Program, to develop a state program of adaptation of migrants with regard to the peculiarities of work of migrant domestic workers. 
Administrative and municipal law, 2017-5
Gorian E. - Labor inspection in a legal mechanism of the struggle against child labor: international standards pp. 9-21

DOI:
10.7256/2454-0595.2017.5.22854

Abstract: The research object is the struggle against child labor. The author outlines the peculiarities of a legal mechanism of child labor elimination via the involvement of employers and their associations, social organizations and labor unions. The author studies international recommendations and the tendencies of involvement of labor inspectors, and the aspects of their interaction with employers and labor unions in the mechanism of child labor prevention. The author emphasizes the coordinating role of international organizations in the elimination of child labor, particularly in informal sectors of the economy. To acquire the most reliable scientific results, the author uses the range of general scientific methods (system-structural, formal-logical and hermeneutical) and specific legal methods of cognition (comparative-legal and formal-legal). They are used as a complex. Labor inspectors play a significant role in the elimination of child labor. They are entitled to hold inspections and oblige employers to meet international standards in child labor elimination. Nowadays, the role of labor inspectors has transformed from a merely controlling to coordinative. They can make tangible contribution to the elimination of child labor in informal sectors of the economy. The tripartism principle, typical for the international regulation of labor, is being implemented with the help of labor inspectors.
Administrative and municipal law, 2017-4
Gorian E. - Labor inspection in the legal mechanism of enforcement of rights of migrant workers in the context of the struggle against HIV/AIDS pp. 77-90

DOI:
10.7256/2454-0595.2017.4.22846

Abstract: The article studies social relations emerging in the process of enforcement of rights of migrant workers in the context of the struggle against HIV/AIDS. The author outlines the peculiarities of the legal mechanism of enforcement of their rights: active involvement of employers and their organization, social organizations and labor unions. The author studies international recommendations and tendencies of participation of labor inspectors, and the aspects of their interaction with employers and labor unions in the mechanism of enforcement of rights of migrant workers in the struggle against HIV/AIDS. The author emphasizes the coordinating role of labor inspections in enforcement of rights of migrant workers by employers and labor unions. To acquire the most reliable scientific results, the author uses the set of general scientific methods (system-structural, formal-logical and hermeneutical) and specific research methods (comparative-legal and formal-legal). These methods are used in complex. Labor inspectors play a special role in enforcement of rights of migrant workers in the struggle against HIV/AIDS. Their influence and force of conviction promote the development and introduction of special programs in companies; they are authorized to organize inspections and to oblige employers to observe international standards of the struggle against HIV/AIDS. At the present moment, the role of labor inspectors has transformed from the merely controlling to coordinating. They can play a significant role in enforcement of rights of workers involved in informal economy. The activities of labor inspectors lead to the implementation of the tripartism principle, typical for the regulation of labor by means of educational programs and courses for employers and employees. 
Security Issues, 2017-2
Gorian E. - In memory of V.F. Antipenko (23.01.1949 19.01.2017) pp. 104-110

DOI:
10.7256/2409-7543.2017.2.22799

Abstract: The piece is in memory of an international law scholar, the founder of a new scientific direction – international criminology - and the new scientific school, Vladimir Fedorovich Antipenko. The paper describes the process of formation and development of the departmental scientific school, actualization of its scientific idea of formalization of the international criminological methods in international legal law-making and law improvement, first of all, in the sphere of the struggle against terrorism and other international crimes. The author gives attention to the fruitful cooperation within this school of the representatives of three generations of Russian international legal science: the older, the medium and the younger. The research methodology is based on the historical-genetic and comparative-psychological methods, which help study the appearance, formation and development of the scientific school. The results of V.F. Antipenko’s scientific work are the model of terrorist asymmetry and the concept of the state anti-terrorist system, which have led to the discovery and testing of the new independent direction of criminology – international criminology. Based on the experience of researching international terrorism, the author reasons the specificity of the object, the system of methods and the instruments of international criminology. With account of low efficiency of the existing anti-terrorist norms of international law, the author proves that criminology doesn’t cover the determination and the reasons of international crimes, forming in the area of global processes and determined by the shortcomings of the global order. It has negative impact on the reality of international legal norms and, consequently, on the effectiveness of international struggle against terrorism.
Modern Education, 2017-2
Gorian E. - Socratic Method in the legal clinical education: problems and prospects of application pp. 102-113

DOI:
10.25136/2409-8736.2017.2.23142

Abstract: The author examines the problems and prospects of application of the Socratic Method in legal clinical education. Legal clinical education plays an important role in professional training of lawyer, imparting practical skills to the use of theoretical knowledge in practical activity. Lack of continuity in methodological support of the educational activity in Russia results in the low practice-oriented outcome of legal training of the graduates. The implementation of Socratic Method allows formulating the required by the academic standard cultural and professional competencies. The author underlines the need for a qualitative methodological support of the legal clinical education. Socratic Method, used by the leading legal schools of the world, obtains a new meaning due to scientific technical progress and constant changes in the legal systems: the knowledge outdate within the year or several month; thus, legal education under the circumstances faces the task of not just “imparting” the knowledge onto minds of the students, but rather the skills for accumulating the new knowledge, as well critical thinking skills. The problems of implementation of the Socratic Method consist in difficulties of subjective and objective character. In first case, it implies the absence of the system of advanced methodological training of educators working in legal clinical education. In second case, it is the unpreparedness of students to independent thinking, orientation towards the opinion of educators, inability to defend their point of view, and lack of critical thinking skills. In the long term, there is a need to become familiar with the leading methodological practices of the foreign legal schools, as well as implement them into the system of Russian legal clinical education, taking into account its specificity.
Legal Studies, 2016-12
Gorian E. - The protection of rights of migrant women, working in the household sector, in the Russian Federation pp. 74-87

DOI:
10.7256/2409-7136.2016.12.1995

Abstract: The research object is the protection of rights of migrant women, working in the household sector. The author analyzes the categories of working migrants and defines the weak spots of legal regulation of the relations they are involved in. Special attention is given to the international legal standards of the protection of rights of working migrants and the foreign experience in this sphere. The author outlines the characteristics of housework, complicating the protection of rights of migrant women. The article studies the institutional mechanisms of the protection of rights of migrant women, defines the shortcomings of normative regulation of labour relations. The complexity of the problem conditions the research methodology, that includes the historical-legal, hermeneutical and culturological methods. The mechanisms of protection of rights of migrant women, working in the household sector in the Russian Federation, are far from perfect. The solution of the mentioned problems can be found in the simplification of labour legislation, the development of the standard-form labour contract, the activation of non-governmental associations, the improvement of cooperation of the authorities with national communities and religious organizations. 
Legal Studies, 2016-11
Gorian E. - Employers and trade unions within the legal mechanism of protection of rights of women migrants in the context of struggle against HIV/AIDS: international standards and foreign experience pp. 28-44

DOI:
10.7256/2409-7136.2016.11.2016

Abstract: The research object is the relations, emerging in the process of ensuring the rights of women migrants in the context of struggle against HIV/AIDS. The author outlines the peculiarities of the legal mechanism of protection of the rights of women migrants in the context of struggle against HIV/AIDS: in the active involvement of employers and their organizations, social organizations and trade unions. The author studies the international tendencies of interaction between employers and trade unions and every particular role of each of the mentioned actors within this mechanism. The study emphasizes the coordinating role of international organizations in the protection of rights of women migrants by employers and trade unions. In order to obtain the most reliable scientific results, the author applies the range of general scientific methods (system-structural, formal-logical and hermeneutical) and special legal methods of cognition (comparative-legal and formal-legal). These methods are used as a single complex. Employers and trade unions play a special role in the provision of rights of women migrants in the context of struggle against HIV/AIDS. They determine the observance of the non-discrimination and gender equality principles at work. Multinational companies have activated their work, aimed at the protection of employees’ rights, including those of women migrants, in the sphere of HIV/AIDS for economic reasons: customers prefer buying the products, produced by the companies, which don’t violate human rights; the realization of programs, aimed at HIV/AIDS prevention, reduces the expenses on diseased workers. The active role is played by employers’ associations – business coalitions, which develop joint programs for HIV/AIDS prevention. Being focused on human rights, trade unions actively protect the rights of employees using the existing instruments: educational programs and courses and the representation of employees’ rights before the employers. The International Labor Organization ensures cooperation between employers and trade unions, using the three-party meetings mechanism. Collective talks between the employer and the trade union are the important institution of protection of rights of women migrants which promotes the consolidation of obligations of the employer to the employee in the sphere of struggle against HIV/AIDS in collective agreements and the anti-HIV/AIDS policy. 
Legal Studies, 2016-10
Gorian E. - Russias HIV/AIDS prevention concept: adherence to international standards or a special historical path? pp. 22-49

DOI:
10.7256/2409-7136.2016.10.2022

Abstract: The research object is social relations in the sphere of HIV/AIDS prevention in the Russian Federation. The authors analyze international standards, which should form the basic concept of this infection understanding. The authors study Russian legislation ensuring the guarantees of rights of persons living with HIV. Attention is paid to the judicial practice of the European Court of Human Rights, reflecting the advanced ideas of ensuring rights of persons living with HIV. In order to obtain the most faithful scientific results, the authors apply general scientific methods (system-structural, formal-logical and hermeneutical) and special methods of jurisprudence (comparative-legal and formal-legal). These methods are used as a complex. Russian HIV/AIDS prevention concept is conservative and consists in the declaration of the priority of traditional forms of social relations. Federal legislation is gradually moving towards liberalization of the status of persons living with HIV and extension of their rights. But discrimination against persons living in homosexual unions, consisting in the rejection of their right to family life in the sense of resolutions of ECtHR and mobility rights, is still taking place. The legislator’s disregard to the recent scientific researches, both Russian and foreign, which had proved the possibility of leading an active social and professional life by persons living with HIV, restricts their right to adoption (guardianship, etc.). In the result of the absence of the state educational program of sexual and reproductive health, schoolchildren and youth are not sufficiently informed about HIV and the ways of its prevention; this situation leads to stigmatization and spreading HIV among this population category.
Legal Studies, 2016-9
Gorian E. - Sex education within the system of international legal guarantees of human rights and freedoms pp. 75-94

DOI:
10.7256/2409-7136.2016.9.20240

Abstract: The research object is social relations in the sphere of human rights and freedoms ensuring. The author studies international legal instruments providing the right to sex education as a personal rights and freedoms guarantee. Sex education is considered as a guarantee of children’s, girls, women’s and migrants’ rights protection. The author emphasizes the role of sex education for combating HIV/AIDS, outlines the necessity to apply the comprehensive approach to education based on the understanding of sexuality as a sphere of human potential. The author studies the role of a corporate sector and social, particularly, religious, organizations for ensuring sex education as a human rights and freedoms guarantee.The author applies the set of general scientific methods (system-structural, formal-logical and hermeneutical) and special methods of jurisprudence (comparative-legal and formal-legal). They are used as a complex. The author comes to the following conclusions. Each person possesses the right to sex education regardless of his or her age and sex, and women and children have special guarantees of its enjoyment due to their vulnerability. International standards provide for an active cooperation of state bodies, the society, educational institutions and parents in the implementation of this right. Sex education is aimed at guaranteeing a whole range of human rights and freedoms, the violation of which leads to teenage pregnancies, infant and maternal mortality, gender violence, sexual exploitation and the spread of HIV. International sex education standards are developed with the involvement of internationally recognized experts in various fields of science (medicine, psychology, pedagogics, sociology, statistics, etc.) with the help of evidence-based methods making them an effective instrument of human rights ensuring. 
Legal Studies, 2016-8
Gorian E. - Female Genital Mutilation (FGM) eradication: international legal standards implementation in national legislation pp. 38-54

DOI:
10.7256/2409-7136.2016.8.19613

Abstract: The research subject is the set of international mechanisms of protection of children and women against violence. The author studies the history of recognition and statutorization of female genital mutilation as a damaging and intolerable practice, infringing women’s and children’s rights. The author studies the normative and institutional international mechanism of combating FGM. Special attention is paid to the factors, hampering the eradication of mutilating practices: migration processes and justification of religious and traditional reasonability. The article studies the foreign experience of combating FGM. In order to obtain reliable scientific results, the author consistently applies general scientific methods (analysis, synthesis, the system-structural and formal-logical methods) and special methods of jurisprudence (comparative-legal and historical-legal methods). The author reasons the necessity to sign and ratify the 2011 Council of Europe Convention on prevention and combating violence against women and domestic violence. The author emphasizes the importance of creation of a national legal mechanism of protection of women’s and children’s rights against all forms of violence which should include normative and institutional elements, ideologically and culturally interconnected. The article substantiates the importance of support for religious views and legal education, condemning and denying prejudice, traditions and other practices, based on the idea of inferiority or supremacy of one of the genders, stereotypical roles of males and females and those damaging children’s health. 
Administrative and municipal law, 2016-8
Gorian E. - On particular issues of application of the customs procedure of a free customs zone and customs control on the territory of the free port of Vladivostok

DOI:
10.7256/2454-0595.2016.8.19791

Abstract: The research subject includes the provisions of national legislation regulating the free customs zone in and customs control over the free port of Vladivostok. The author studies the doctrinal groundwork and foreign legislation in this sphere. Due to the novelty of such a legal regime in Primorsky krai, there is no law enforcement practice which could help reveal the shortcomings of legal regulation, but the author considers the aspect of normative stipulation of the requirements to the territory on which the free customs zone procedure and customs control is applied. The research methodology is conditioned by the research object and tasks and includes the methods of analysis and synthesis, deduction and induction, the comparative-legal and historical-legal methods. These methods are used as a system. The author states the necessity of strict normative regulation of application of a free customs zone procedure and customs control on the territory of the free port of Vladivostok related to territorial requirements. This conclusion is based on the study of the experience of the USA and the porto franco zone functioning in the Far East in the 19th – 20th centuries. 
International Law, 2016-4
Gorian E. - Struggle against violence toward women in Russia: adherence to international standards or appeal to cultural traditions? pp. 11-26

DOI:
10.7256/2306-9899.2016.4.18682

Abstract: The author examines the causes of inefficiency of the national mechanisms of protection of human rights, particularly regarding the struggle against violence towards women. The article gives characteristic to the change in the concept of women’s rights over the last two centuries within the legal science and legislation of Russia. Special attention is given to Russia’s obligations in this area, namely pertaining to taking steps towards changes in social and cultural models of men and women behavior in order to achieve elimination of prejudices and abolition of customs and other practices, which are based on the idea of inadequacy and supremacy of one of the genders or stereotypes about their roles.  The low level of legal culture in Russia along with the insufficient secularization of legal relations is one of the reasons of inadequacy of protection of human rights. The existing, institutionally formed mechanisms of protection of human rights are inactive due to the absence of will of authorized officials, through which the legal consciousness is being expressed. As a result, even the ratified by the Russian Federation international agreements are unobservant due to the human factor, because the law enforcement agencies place the subjectively perceived by them traditions, religious or cultural norms over the norms of law sanctioned by the state. Russia’s trend not to comply with the formulated by international community standards in the area of human rights due the cultural traditions testifies to the potential possibility of the country to never reach the proclaimed in the Main Law high ideals – become a true democratic and legal state.
International Law and International Organizations, 2016-4
Gorian E. - Protection of womens rights employed in the free economic zones: international standards and foreign experience

DOI:
10.7256/2454-0633.2016.4.20009

Abstract: The object of this research is the relations pertaining to protection of the women’s labor rights in the free economic zones. The author explores the international legal and national mechanisms of ensuring the international labor standards. Attention is given to the work of international nongovernmental organizations and multinational corporations in this field. The author examines the models of individual responsibility, as well as joint responsibility of the multinational corporation before the employees in developing countries. The experience of US impact upon the developing countries regarding the protection of international labor standards is being analyzed. The latest trends testify to the more active participation of multinational corporations in protection of the rights of employees at the work places mostly located throughout the free economic zones. The difficulties are created directly by the countries, on the territories of which the factories are located – corruption, flawed legal and institutional mechanisms, lack of political will towards resolution of the issues hinder the ratification and further implementation of the international labor standards. Trade agreements with the developed countries, which contain special clauses regarding the interdependence between compliance with the international labor standards and provision of trade preferences, serve as the most efficient means of compulsion of the states to fulfill their international obligations. 
International Law and International Organizations, 2016-3
Gorian E. - International legal and national mechanisms of ensuring the rights of the migrant housewives

DOI:
10.7256/2454-0633.2016.3.20032

Abstract: The object of this research is the relations emerging in ensuring the rights of the migrant housewives. The author analyzes the international legal and national mechanisms of ensuring of the rights of migrant housewives, as well as determine the vulnerable aspects in the legal regulation of relations with their participation. Special attention is given to the international labor standards of provision of the rights of the migrant housewives, as well as foreign experience on this matter. The characteristic of housework, which define the complexity of providing the right of the female migrants, are being highlighted. The author explores the institutional mechanisms of ensuring the rights of the female migrants, as well as reveals the flaws of the normative regulation of labor relations. The international labor standards set the minimal volume of rights that musts me provided by each state. In the developed countries, the national mechanisms of ensuring the rights of the migrant housewives include the labor unions and public organizations of religious and cultural nature. The important guarantee of ensuring the rights of the female migrants is the developed by the labor unions typical labor agreement that stipulates the specificity of the housework.
International Law, 2016-3
Gorian E. - The international-legal mechanism of ensuring the rights of migrant women regarding the struggle against HIV/AIDS pp. 1-18

DOI:
10.7256/2306-9899.2016.3.20160

Abstract: The object of this research is the relations emerging in ensuring the rights of migrant women in the context of fighting HIV/AIDS. The author highlights the peculiarities of the international-legal mechanism of providing the rights of migrant women in the aforementioned aspect, as well as gives special attention to the normative and institutional mechanisms. The main principle of the international-legal mechanism that consists in the principle of nondiscrimination is underlined. The specificity of the examined mechanism lies in the active involvement of the employers and their organizations alongside the public organization and labor unions. The normative mechanism is presented for the most part by the norms of soft law; the imperative norms are contained in the number of special conventions dedicated to work migration, protection of the rights of women, children, and people with disabilities. The institutional mechanism is presented by the international governmental and nongovernmental organizations, international judicial authorities, public organizations, labor unions, and multinational corporations. The author underlines the need in development of the international convention devoted to the protection of rights of the HIV-infected individuals, which will include all of the vulnerable categories of population (women, children, handicaps, and migrants) and contain the minimal standards of provision of their rights, obligatory for all of the participants.
Administrative and municipal law, 2015-12
Gorian E. - Theoretical and practical problems of anti-corruption expertise of the legislation (case of the Federal Law of 13.07.2015 On the free port of Vladivostok

DOI:
10.7256/2454-0595.2015.12.17041

Abstract: The object of the research is a range of theoretical and practical problems of anti-corruption expertise of normative legal acts and draft laws. The subject of the research is the Federal Law “On the free port of Vladivostok” regulating the issues of creation and functioning of the special economic zone. The author examines the law’s provisions establishing the legal status of the authorized federal body, the observation council, the management company and the residents of the free port of Vladivostok, and assesses their susceptibility to corruption. The author applies the methodology of anti-corruption expertise introduced by the current Russian legislation. The specificity of the research determines the use of the systems analysis, the formal logical method and the comparative-legal method. The author concludes that it is necessary to extend the list of corruptogenic factors used in the methodology of anti-corruption expertise by adding such factors as the existence of provisions about the liability of authorized bodies and realization of the state interests. The Federal Law “On the free port of Vladivostok” contains a large number of corruptogenic factors which provide opportunities for abuse by potential corruptionists leaving them unpunished. 
Administrative and municipal law, 2015-11
Gorian E. - Foreign-trade zones program in the USA: national concept of the institution of a special economic zone

DOI:
10.7256/2454-0595.2015.11.16753

Abstract: The author discusses the national concept of a special economic zone (foreign-trade zone) in the USA. Special attention is paid to the preconditions of development and implementation of a uniform model of special economic zones on the state level. The author analyzes the main factors which have influenced the change of the concept and lead to the dramatic increase of popularity of foreign-trade zones among the participants of foreign-trade activity. The author characterizes both normative and institutional mechanisms of implementation of the concept of a special economic zone, paying special attention to the so-called policy of neutrality of the US Customs and Border Service. Along with the general and special scientific methods of cognition the author applies the comparative-legal method which allows the author to carry out both a synchronous and a multilayer comparison: normative and functional. The author concludes that a successful functioning of the foreign-trade zones program in the USA can be explained by the simplicity of the procedure of their creation. The key factor of the efficiency of foreign-trade zones in the USA is the attention of the legislative authority. The annual congressional hearings of this problem allow the legislators to efficiently react to the changes in the world economy, the external and internal trade, and the population employment. 
Administrative and municipal law, 2015-10
Gorian E. - Formation of subzones of special economic zones in the USA

DOI:
10.7256/2454-0595.2015.10.16480

Abstract: The subject of the research is a subzone of a special economic zone in the USA. The model of a special economic zone in the USA has been improving for 80 years, and it is one of the best in the world. The institution of a subzone is of a special scientific and practical interest since it gives the opportunity to apply this regime not only to a territory, but also to an enterprise (industrial complex). The author studies one of the main judicial precedents which had defined the main features of a subzone and influenced their widespread use in the USA. Along with general and specific methods of scientific cognition, the author applies the comparative-legal method which allows defining the main features of this institution, typical for different legal systems. The necessity to discuss the possibility of use of subzones is undoubtful since the existing Russian model of a special economic zone doesn’t provide the opportunity to take an active position in the global economic system. The author suggests using the American model as an example. As the subzone’s status is granted mainly to enterprises (industrial complexes), any enterprise which is not a part of a special economic zone can use the preferences and privileges of a “common” special economic zone and develop production. This issue should be studied and considered not only from the viewpoint of foreign economic activity regulation, but also from the viewpoint of administrative, municipal and customs law. 
Law and Politics, 2015-4
Gorian E. - The prospects of creating a special economic zone free port of Vladivostok: comparative legal analysis

DOI:
10.7256/2454-0706.2015.4.14786

Abstract: The author analyzes the project of Federal law "On the free port of Vladivostok" in light of the economic zones provided by the Russian legislation, with special regime that corresponds to the Federal Law of the United States. The author point out the flaws within the legal regulation of the economic zones of the Russian Federation, and proposes consideration of the positive experience of the foreign countries. The low economic efficiency of the currently existing zones and the corruption component of their functioning casts doubt on the possibility of creation of a special economic zone (free port, porto franco) in the Primorsky Krai. The main conclusion of the conducted research is the fact that the present legislation on special economic zones does not account for participation of the Russian Federation in the international trade agreements within the framework of the World Trade Organization and other organizations. Using the positive experience of the foreign countries would allow avoiding financial, public and governmental, as well as management and reputation losses. Placement of the Special Economic Zones (SEZ) is possible not only around the sea ports, but also on the land of the country at the crossing of major transport flows. The stated above testifies to the need for reforming the legislation with consideration of the present results of the functioning of the economic zones, foreign experience and its further unification taking into account the concept that has been devised and confirmed on the government level, which would place the government and public interest at the core of the purpose for creating such zones.
International Law, 2015-4
Gorian E., Netrusov Y. - Representation of state interests in the International Court of Justice: procedural aspects pp. 87-102

DOI:
10.7256/2306-9899.2015.4.16226

Abstract: The subject of this research is the aspects of the procedural protection of state interests in the International Court of Justice and the role of lawyers in the legal process. The article examines the role of advocacy in the resolution of international disputes at the international courts; requirements for individuals that represent states in the International Court of Justice; key aspects of written and oral proceeding in the International Court of Justice. The authors point out the necessity to prepare future specialists in the area of international law with emphasis on the practical application of the acquired knowledge. In order to effectively represent the state interests in the International Court of Justice, it is necessary to consider the procedural peculiarities aimed at comprehensive, objective examination of the positions of the parties involved in the case. The state must have a fundamental approach towards preparation of their specialists, take into account the scientific and professional potential, as well as the practical experience of the individuals called to represent the state in the international judicial and arbitration institutions.
International Law, 2015-3
Gorian E. - Islamic concept of human rights and progressive development of international law pp. 91-101

DOI:
10.7256/2306-9899.2015.3.16216

Abstract: The subject of this research is the fundamental ideas and principles of Islam, which form the theory of human rights contained in both, its sources (Quran, Sunnah, Ijtihad, etc.), as well as in international legal acts of regional nature. The purpose of this work is to assess the possibility of Islam’s effect upon the progressive development of international law, which depends first and foremost on the civilizational peculiarities of the subjects that influence the ability and nature of cooperation in resolution of global problems faced by humanity. The main conclusions of the conducted research confirm the need to use culturological specificity of the world’s legal systems, including Islamic, in the future progressive development of international law. The author substantiates this position by the growing role in supporting international legal order of nations representing cultures, which due to historical reasons could not impact the development of norms and institutions of international law at the beginning of its formation.
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