DOI: 10.7256/2454-0706.2019.7.29922

Abstract: This article examines the questions of the force of patent law in one of the BRICS countries – Brazil, with regards to pharmaceutical products prior and after Brazil’s membership in WTO (TRIPS) in light of a number of regulatory and judicial acts and technicality in the area of healthcare, provision of population with medications, and protection of industrial property rights (Constitution of 1988, Law No. 9.279 of May 14, 1996 “On the Industrial Property”, Law No. 8.080/90 on creation of the Unified Healthcare System (SUS), Ordinance No. 3.916/98 establishing National policy on Pharmaceuticals, Government Decree No. 2.577/06 “National Program for Exceptional Medicines”, court decisions, and others). The research analyzes the issues towards free access to medications, prohibited in Brazil by patent law, since its entry to World Trade Organization, as well as the ways for their solution. The scientific novelty consists in the comprehensive analysis from the perspective of the intellectual property right of Brazil’s approaches to organizational-legal support of the development of pharmaceutical sector in the context of TRIPS agreements and necessity to ensure population’s constitutional right to health services and essential medicines. The conclusion is made that the current policy is aimed at achieving the existing prior to WTO membership balance of private and public interests via implementation of a set of compensation mechanisms (negotiations on price reduction by pharmaceutical companies, obligatory licensing, introduction of the Program “National Pharmacology of Brazil”.

DOI: 10.7256/2454-0706.2019.7.30205

Abstract: The subject of this research is the citizens’ opportunity to exercise their rights via using modern information technologies. The article examines the peculiarities associated with enjoyment of civil rights to social protection. The author carefully analyze the questions of implementation of the Unified State Information System for Social protection and Unified Portal of Public and Municipal Services; their usage potential by the citizens in the area of social protection and development prospects. Special attention is given to implementation of electronic interaction between citizens and social protection bodies of the subjects of Russian Federation. The scientific novelty lies in the comprehensive study of legal issues pertinent to citizens’ exercise of their rights to social protection via using information technologies and systems. Among most significant results obtained in this research is the formulation of proposals on the improvement of current legislation in the area of exercising, as well as the established law enforcement practice.

DOI: 10.7256/2454-0706.2019.7.29499

Abstract: The subject of this research is the non-random variability of dermatoglyphic characteristic of sampling analyzed in forecasting criminalistics. The last decades’ research result testify to the specificity of fingerprint patterns of the persons prone to deviant and addictive behavior as compared to the control groups. However, the characteristics of control sampling are not completely random. Part of the people always elude from volunteer participation in the study and fingerprinting due to the reasons of psychological nature, first and foremost related to their individual dermatoglyphic profile. The research established 50 different dermatoglyphic patterns in 18 various ethnic groups. It is demonstrated that the participants who have been examined last differ greatly from the first volunteers by higher frequency of occurrence of the simple typical whorls; perhaps, they are also less psychologically motivated and emotionally disturbed. Samplings formed on the principles of volunteer participation of the respondents are comparable to each other only in case of exerting equal psychological pressure upon the potential participants. Such may be applied as control samplings in analyzing the samplings consisting of persons subjected to mandatory fingerprinting (alleged offenders, convicts).

DOI: 10.7256/2454-0706.2019.7.27987

Abstract: The subject of this research is the non-random variability of dermatoglyphic characteristic of sampling analyzed in forecasting criminalistics. The last decades’ research result testify to the specificity of fingerprint patterns of the persons prone to deviant and addictive behavior as compared to the control groups. However, the characteristics of control sampling are not completely random. Part of the people always elude from volunteer participation in the study and fingerprinting due to the reasons of psychological nature, first and foremost related to their individual dermatoglyphic profile. The research established 50 different dermatoglyphic patterns in 18 various ethnic groups. It is demonstrated that the participants who have been examined last differ greatly from the first volunteers by higher frequency of occurrence of the simple typical whorls; perhaps, they are also less psychologically motivated and emotionally disturbed. Samplings formed on the principles of volunteer participation of the respondents are comparable to each other only in case of exerting equal psychological pressure upon the potential participants. Such may be applied as control samplings in analyzing the samplings consisting of persons subjected to mandatory fingerprinting (alleged offenders, convicts).

DOI: 10.7256/2454-0706.2019.7.30254

Abstract: The subject of this article is the civil law relations associated with contract dispute by entities defined by law (parties, other and third persons). Currently, the civil legislation provides right to challenge a contract and application of consequences of its invalidity to parties of the contract and other parties. Moreover, in certain cases, a contract can be challenged in the interests of third parties by specially authorized subjects. Scientific literature does not contain comprehensive research on the aforementioned parties, which justifies the relevance of their examination. The results of this work consist in the formulation of complete perception of parties legally authorized to contest a contract according to the Article 166 of the Civil Code of the Russian Federation. The conclusion made in this work can be used in further research in the area of void contract. This article is the first complex analysis on the parties of void contract, other and third parties, which substantiate the scientific novelty of the formulated conclusions within.

DOI: 10.7256/2454-0706.2019.7.30099

Abstract: The subject of this research is the relations derived from swap agreement. The goal of this work lies in determining civil law nature of swap and its types, namely: the credit default, currency, interest rate, and cross-currency interest rate swaps. For achieving the set goal, the author examines such characteristics of swap as the terms of contract, peculiarities of obligations, and specificity of rights and responsibilities of parties of the agreement. These aspects served as the basis for civil law qualification of the agreements under consideration, realized via comparison with the familiar to civil legislation agreement structures. The conclusion is made that the credit default swap depending on the focus is either a purchase and sale agreement, or non-defined contract, or wagering contracts, or preliminary agreement, or an option for concluding a contract. Currency swap is a complex agreement that includes either two purchase and sale agreements, or two barter agreements. Interest rate swap is the wagering contract. While cross-currency interest rate swap is also a complex agreements that combines either two purchase and sale agreements or barter agreement and wagering contract. The presented conclusions meet the criteria of scientific novelty.