DOI: 10.7256/2454-0706.2019.6.29829

Abstract: The subject of this research is the national program “Digital Economy” and the federal project “Digital Technologies”. The object of this research is the problem of integration of digital technologies, particularly “crosscutting technologies” into industrial sector, as well as the ways for its solution. The author carefully examines such aspects of the topic as the structure of national program “Digital Economy” and the structure of federal project “Digital Technologies”; as well as considers the functionality and competences of one of the platform of cooperation between business and government – Autonomous non-commercial organization “Digital Economy”. The scientific novelty of this work lies in demonstrating the methods of implementation of “crosscutting” technologies in the industrial sector, namely the use of the “Internet of Things” technology in the field of military and civilian production for cost reduction and improving the efficiency of the production process.

DOI: 10.7256/2454-0706.2019.6.30023

Abstract: This article deals with two topics: the relation in social area, connecting science and practice; as well as situation and issues in the sphere of restorative justice. The author demonstrates that social action and social nature have gone through three main stages within social science: natural scientific, humanitarian and technological (the latter interpretation belongs to the author) understanding. It is also illustrated that restorative justice is formed as a type of social technology, distinguishing two plans within it – sociocultural factors and humanitarian vector. The research discusses the issues emerging in restorative justice, as well as the ways for their solution. Methodology includes target setting, situational and comparative analysis, genesis of social knowledge, typological analysis, and conceptualization. As a result, the author was able to analyze the evolution in social science of representations about social action and social nature; formulate a hypothesis that restorative justice develops as the oriented towards humanitarian values social technology; examine the related issues and ways for their solution.

DOI: 10.7256/2454-0706.2019.6.29907

Abstract: Based on the analysis of a number of documents (Biotechnology Development Policy of 2007; Law No.9279 of May 14, 1996 “On the Industrial Property”, revised in 2001),implementation of several projects of São Paulo Research Foundation (FAPESP), this article examines the experience of development of biotechnologies in one of the BRICS countries – Brazil. It strongly depends on the international legal regime of biotechnologies; thus, when Brazil joined WTO in 1995, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) became obligatory, although the provisions significantly differed from the current at the moment legislation in the area of intellectual property of Brazil. The author explores the issues it caused from the perspective of the American practice of settlement that is foreign for both, Russia and Brazil. The scientific novelty lies in a comprehensive analysis from the standpoint of law on intellectual property of Brazil’s approach to organizational and legal arrangement of biotechnology development in the context of international legal regime created by TRIPS, with consideration of the American experience. It is concluded that the provisions of the acting Biotechnology Development Policy of 2007 testifies to the fact that the Brazilian government understands the need to enhance protection of intellectual property for the development of biotechnological sector.

DOI: 10.7256/2454-0706.2019.6.29959

Abstract: This article is dedicated to the problem of protection of environmental rights within the practice of the European Court of Human Rights in accordance with the Article 8 of the Convention on Human Rights and Fundamental Freedoms, ensuring the right to respect of private and family life. The author reviews the practice of protection of environmental rights not only with regards to pollution, but also other types of negative impact upon the environment, including potential risks. The research analyzes the criteria of protection of environmental rights and conditions for permissibility of government’s interference within the framework of implementation of the Article 8 of the Convention on Human Rights and Fundamental Freedoms. The author examines the practice of the European Court of Human Rights in the area of application of the Article 8 of the Convention on Human Rights and Fundamental Freedoms in relation to ensuring environmental rights. The author acknowledges the possibility of its application in terms of immediate impact upon private life, family of an individual who reached a certain minimal level. The conclusions are made on permissibility of restricting environmental rights with presence of relevant legislation, legitimate purpose, necessity in a democratic society, as well as government’s positive obligations with regards to taking appropriate measures towards their factual implementation.

DOI: 10.7256/2454-0706.2019.6.29992

Abstract: The object of this research is some relevant problems of prosecutor’s involvements in examination of criminal cases by the courts. The subject of this research is the materials of prosecutorial and judicial practice, as well as the existing legislation of the Russian Federation. Currently, the participation of prosecutors in examination of criminal cases cannot be referred to as the absolute duty in the work of the National Prosecutor's Office. Therefore, the autho0r determines the problems of subjective and objective character. Human factor can be regarded as the first group: the inappropriate organization of work of the prosecutor’s office or its structural department on ensuring prosecutors’ participation in examination of criminal cases by the courts, as well as the insufficient experience of prosecutors and neglectful attitude to their duties. The second group implies the inadequacies of certain provisions of the existing Federal Law “On the Prosecutor's Office of the Russian Federation”, including those contradicting the Criminal Procedural Code of the Russian Federation. The author underlines the urgent need for their solution, as well as proposes the original methods to overcome them. Special attention is given to education and self-education of the prosecutors, and bringing the provisions of the Articles 36 – 38 of the Federal Law On the Prosecutor's Office of the Russian Federation” in compliance with the norms of the Criminal Procedural Code of the Russian Federation.

DOI: 10.7256/2454-0706.2019.6.29958

Abstract: The subject of this research is the trends in the sphere of theoretical and organization-tactical bases of usage of intellectual systems in judicial graphology. The object of this research is the question of implementation of intellectual systems in judicial graphology. The author substantiates the need for application of the new method and strategies of expert examination of the object of handwriting; specifies the place of intellectual systems within the system of modelling approaches used in graphology; formulates the definition of intellectual system of automated support of scientific research in judicial graphology, as well as subject, goals, and objects of such research. The main conclusions lie in the verified theoretical and organization-tactical bases of usage of intellectual systems in graphoanalysis of signatures. The author’s special contribution into this study is defined by the fact that the intellectual system of automated support of scientific research has not been previously applied in judicial graphology. The scientific novelty consists in the fact that until recently the place of intellectual systems within the system of modelling approaches has not been determined. Along with this, the theoretical and organization-tactical bases of usage of such instrument in graphoanalysis of signatures have not been properly established, considering the absence of similar research on this topic.

DOI: 10.7256/2454-0706.2019.6.29836

Abstract: The subject of this research is the relations deriving from the currency and cross-currency interest rate swap. The goal lies in determination of the civil law nature of the indicated swap contracts. For achieving the set goal, the author examines such characteristics of the currency and cross-currency interest rate swap, as the terms of agreement, peculiarities of obligations created by an agreement, specificity of rights and responsibilities of the parties to an agreement, as well as peculiarities of conclusion of such agreements. Based on the aforementioned aspect, the author conduct the civil law qualification of the agreements, comparing them with the agreements familiar to the Civil Code of the Russian Federation. The conclusion is made that both, currency and cross-currency interest rate swap are not the independent defined or non-defined civil law agreements, but rather represent a package contract incorporating all terms of such agreements as purchase and sale, barter, and wagering. Currency swap, according to which the foreign currency is subject to be purchased with funds, includes two purchase and sale agreements; while if other foreign currency is subject to transfer for another foreign currency, it would require two barter agreements. The cross-currency interest rate swap, in addition to two purchase and sale agreements or two barter agreements, also includes a wagering agreement, according to which the parties are obligated to pay money depending on the changes in the indexes of basic asset. These conclusions serve as the scientific novelty.