DOI: 10.7256/2454-0633.2016.2.18418

Abstract: The subject of this research is such aspect of the work of the World Intellectual Property Organization (WIPO) as “patents and transfer of technologies”. The author carefully examines the direct and implied competence of the organization in this area of international cooperation. A special attention is given to the specificity of the work of WIPO in the sphere of patent system in its national and international dimensions in the aspect of this influence upon the international transfer of technologies. The author also analyzes the projection work of this organization in the area of patents, which affects transfer of technologies in the transboundary aspect.  The article also presents the detailed research of WIPO policy in the area of industrial property, which suggests agreement of interests of developed and developing countries with regards to protection of industrial property and patent right, dualistically impacting accessibility of technologies. The main conclusion consists in substantiation of connection between the WIPO policy in the area of development of law of industrial property and patent system on one hand, and positioning of this organization as a development institution aimed at easing access to technologies – on the other. The scientific novelty of this research lies in the fact that the author justified the thesis on the new paradigm that is used by this organization in their work, which being driven by its own development agenda, is lately aimed not only at assistance in access to technologies for developing nations, but at turning the international technological transfer towards assistance with formation of national technological potential in developing countries.

Keywords: TRIPS Agreement, patent information, technological platform, patent system, green technology, capacity building, technology transfer, technology, developing countries, industrial property

DOI: 10.7256/2454-0633.2016.2.67874

Abstract: The subject of this research is such aspect of the work of the World Intellectual Property Organization (WIPO) as “patents and transfer of technologies”. The author carefully examines the direct and implied competence of the organization in this area of international cooperation. A special attention is given to the specificity of the work of WIPO in the sphere of patent system in its national and international dimensions in the aspect of this influence upon the international transfer of technologies. The author also analyzes the projection work of this organization in the area of patents, which affects transfer of technologies in the transboundary aspect.  The article also presents the detailed research of WIPO policy in the area of industrial property, which suggests agreement of interests of developed and developing countries with regards to protection of industrial property and patent right, dualistically impacting accessibility of technologies. The main conclusion consists in substantiation of connection between the WIPO policy in the area of development of law of industrial property and patent system on one hand, and positioning of this organization as a development institution aimed at easing access to technologies – on the other. The scientific novelty of this research lies in the fact that the author justified the thesis on the new paradigm that is used by this organization in their work, which being driven by its own development agenda, is lately aimed not only at assistance in access to technologies for developing nations, but at turning the international technological transfer towards assistance with formation of national technological potential in developing countries.

Keywords: TRIPS Agreement, patent information, technological platform, patent system, green technology, capacity building, technology transfer, technology, developing countries, industrial property

DOI: 10.7256/2454-0633.2016.2.67875

Abstract: The paper presents a commentary on Article 90 of the Additional Protocol to the Geneva Conventions of 1949 and relating to the Protection of Victims of International Armed Conflicts, 1977. The author made a detailed analysis of the legal regulation of the organization and functioning of the International Humanitarian Fact-Finding Commission. Details covered the formation, composition, competence, grounds of competence, the procedure and some other aspects of the functioning of the Commission. The author gave special consideration to the opportunity to investigate the violations committed during non-international armed conflicts, as well as the right to provide good offices. During the course of this research the author used the following methods: dialectical, analytical, synthetic, functional, systematic, legalistic and comparative. To date, the Commission is inactive. A key reason is the contradiction between its legal characteristics and purpose of the operation. Conceived as a mechanism to ensure the implementation of international humanitarian law, the Commission, however, is a part of the system of settlement of disputes. Its functions are more appropriate to Grotian model of international obligations, rather than to Kantian one. It operates in the interests of individual conflicting states, rather than in the interest of the whole international community. The Commission is able to ensure the implementation of international humanitarian law insofar as the parties to the conflict take measures in relation to each other on the basis of its report. Other countries and international organizations remain outside this process. The author suggested some solutions of the problem.

Keywords: Geneva Convention, International Humanitarian Fact-Finding Commission, Ensuring legal order, International investigation, International disputes resolution, International humanitarian law, Investigative commission, Serious violations, Kunduz airstrike, Good deeds

DOI: 10.7256/2454-0633.2016.2.67876

Abstract: The subject of this research is the institution of ensuring protection of the participants of an armed conflict as a generally recognized institution of modern international law. In the conditions of the established international legal prohibition of war and prevention of threat of force or its application, the institution of ensuring protection of the participants of an armed conflict act as the protector of legal security of private parties during an open armed conflict. As soon as an armed conflict has emerged, the modern international law provides legal protection of all involved private parties through the institution of ensuring protection of the participants of an armed conflict. The author makes the following conclusions: according to the objective indexes of its existence, the institution of protected individuals, as it subjectively demonstrates itself within the framework of international humanitarian law, carries a character that is integral in its form and complete in its nature. The general concept here consists in presentation of a complex of subjective rights (on protection by international law) as a response to the demand for obedience to the norms of international humanitarian law. As in any other branch of law, incompliance with set responsibilities activates legal responsibility of the corresponding figures. The parameters of rights of the subjects of the protected group are justified by the right to humane treatment; respect, honor, and dignity; defense and aid; protection.

Keywords: Participant of an armed conflict, Supremacy of law, UN Millennium Declaration, Protection of human rights, UN Charter, Armed conflict, Right to life, Protected individuals, Modern world order, International normative system

DOI: 10.7256/2454-0633.2016.2.17346

Abstract: The paper presents a commentary on Article 90 of the Additional Protocol to the Geneva Conventions of 1949 and relating to the Protection of Victims of International Armed Conflicts, 1977. The author made a detailed analysis of the legal regulation of the organization and functioning of the International Humanitarian Fact-Finding Commission. Details covered the formation, composition, competence, grounds of competence, the procedure and some other aspects of the functioning of the Commission. The author gave special consideration to the opportunity to investigate the violations committed during non-international armed conflicts, as well as the right to provide good offices. During the course of this research the author used the following methods: dialectical, analytical, synthetic, functional, systematic, legalistic and comparative. To date, the Commission is inactive. A key reason is the contradiction between its legal characteristics and purpose of the operation. Conceived as a mechanism to ensure the implementation of international humanitarian law, the Commission, however, is a part of the system of settlement of disputes. Its functions are more appropriate to Grotian model of international obligations, rather than to Kantian one. It operates in the interests of individual conflicting states, rather than in the interest of the whole international community. The Commission is able to ensure the implementation of international humanitarian law insofar as the parties to the conflict take measures in relation to each other on the basis of its report. Other countries and international organizations remain outside this process. The author suggested some solutions of the problem.

Keywords: Geneva Convention, International Humanitarian Fact-Finding Commission, Ensuring legal order , International investigation, International disputes resolution, International humanitarian law, Investigative commission, Serious violations, Kunduz airstrike, Good deeds

DOI: 10.7256/2454-0633.2016.2.17464

Abstract: The subject of this research is the institution of ensuring protection of the participants of an armed conflict as a generally recognized institution of modern international law. In the conditions of the established international legal prohibition of war and prevention of threat of force or its application, the institution of ensuring protection of the participants of an armed conflict act as the protector of legal security of private parties during an open armed conflict. As soon as an armed conflict has emerged, the modern international law provides legal protection of all involved private parties through the institution of ensuring protection of the participants of an armed conflict. The author makes the following conclusions: according to the objective indexes of its existence, the institution of protected individuals, as it subjectively demonstrates itself within the framework of international humanitarian law, carries a character that is integral in its form and complete in its nature. The general concept here consists in presentation of a complex of subjective rights (on protection by international law) as a response to the demand for obedience to the norms of international humanitarian law. As in any other branch of law, incompliance with set responsibilities activates legal responsibility of the corresponding figures. The parameters of rights of the subjects of the protected group are justified by the right to humane treatment; respect, honor, and dignity; defense and aid; protection.

Keywords: Participant of an armed conflict, Supremacy of law, UN Millennium Declaration, Protection of human rights, UN Charter, Armed conflict, Right to life, Protected individuals, Modern world order, International normative system

DOI: 10.7256/2454-0633.2016.2.17378

Abstract:   This article draws attention to the fact that due to the scale and dynamism of the flowing of political and legal processes in Russia, as well as development of the information technology, information systems, and telecommunications networks, including the Internet, the nature and practice of cultural institutions is changing. Today's digital formats increase their importance in the global information space. Special attention is given to the virtual museums as objects of world cultural virtual environment, which hold a worthy place in the global information society. The author shows the role of the state as guarantor of the legislative framework in the development and promotion of digital cultural heritage including virtual museums, both nationally and internationally. In this article the author puts the emphasis on the importance of international legal instruments of UNESCO as a foundation for formation on the normative legal acts of the Russian legislation in the sphere of preservation, availability, and information security of the digital heritage in general, and digital cultural heritage of the Russian Federation in particular. As conclusions the author draws the attention of legal scholars and experts to the following issues: absence of national legislation and legal regulation in the sphere of preservation and conservation of digital cultural heritage in general and the virtual museum in particular; legal definitions; technical regulations; national and international standards for digital cultural heritage.  

Keywords: UNESCO, Digital heritage, Digital heritage, Virtual museum, Information society, Russian Federation, International legislation, National legislation, Legal definitions, Information security

DOI: 10.7256/2454-0633.2016.2.67877

Abstract:   This article draws attention to the fact that due to the scale and dynamism of the flowing of political and legal processes in Russia, as well as development of the information technology, information systems, and telecommunications networks, including the Internet, the nature and practice of cultural institutions is changing. Today's digital formats increase their importance in the global information space. Special attention is given to the virtual museums as objects of world cultural virtual environment, which hold a worthy place in the global information society. The author shows the role of the state as guarantor of the legislative framework in the development and promotion of digital cultural heritage including virtual museums, both nationally and internationally. In this article the author puts the emphasis on the importance of international legal instruments of UNESCO as a foundation for formation on the normative legal acts of the Russian legislation in the sphere of preservation, availability, and information security of the digital heritage in general, and digital cultural heritage of the Russian Federation in particular. As conclusions the author draws the attention of legal scholars and experts to the following issues: absence of national legislation and legal regulation in the sphere of preservation and conservation of digital cultural heritage in general and the virtual museum in particular; legal definitions; technical regulations; national and international standards for digital cultural heritage.  

Keywords: UNESCO, Digital heritage, Digital heritage, Virtual museum, Information society, Russian Federation, International legislation, National legislation, Legal definitions, Information security

DOI: 10.7256/2454-0633.2016.2.17082

Abstract: This article elucidates the prospects for posing tax questions in the transboundary bankruptcy cases on the examples of the BRICS countries. We will formulate the main collisions in comparison of the sequence of tax requirements in state law of the BRICS countries, assess the situation of direct involvement of the state in bankruptcy cases in another country, and establish paths for overcoming the issues arising in the process. The author defines the theoretical foundations of the influence and cooperation of the fiscal demands of a state with similar fiscal interests of another state. The author explores approaches of the BRICS countries towards the category of public demands and correlation with the concept of mandatory payment. The article substantiates the disagreements of national legislation on priority of satisfaction of demands of the creditors in some of the BRICS countries. The presented material can be useful for researchers of international private law and international tax law in dealing with cases of transboundary bankruptcy.

Keywords: Transboundary bankruptcy, Transboundary failure, Tax questions, Lex fori concursus, Obligatory payment, Competitiveness of foreign requirements , Conflict of foreign requirements, Equality of rights, Financial rehabilitation, Principle mutuality

DOI: 10.7256/2454-0633.2016.2.67878

Abstract: This article elucidates the prospects for posing tax questions in the transboundary bankruptcy cases on the examples of the BRICS countries. We will formulate the main collisions in comparison of the sequence of tax requirements in state law of the BRICS countries, assess the situation of direct involvement of the state in bankruptcy cases in another country, and establish paths for overcoming the issues arising in the process. The author defines the theoretical foundations of the influence and cooperation of the fiscal demands of a state with similar fiscal interests of another state. The author explores approaches of the BRICS countries towards the category of public demands and correlation with the concept of mandatory payment. The article substantiates the disagreements of national legislation on priority of satisfaction of demands of the creditors in some of the BRICS countries. The presented material can be useful for researchers of international private law and international tax law in dealing with cases of transboundary bankruptcy.

Keywords: Transboundary bankruptcy, Transboundary failure, Tax questions, Lex fori concursus, Obligatory payment, Competitiveness of foreign requirements, Conflict of foreign requirements, Equality of rights, Financial rehabilitation, Principle mutuality

DOI: 10.7256/2454-0633.2016.2.17239

Abstract: The subject of the research is to examine the features of qualifications on the national legislation of Germany, Spain, Italy, France and the Czech Republic in terms of conflict of national and international jurisdictions, as well as the analysis of common problems for these countries the definition of fraudulent activity. Particular attention is paid to the issue of collisions of jurisdiction choosing and fraud, based on differences of national jurisdictions as the main source of differences in the classification of fraud in the securities markets. To analyze empirically researched modern features of the development of national and international stock markets, the most defining characteristics of fraudulent activity in the field of securities turnover in Germany, Spain, Italy, France and the Czech Republic. As a result, a common approach highlighted in qualifying securities fraud (materiality, criminal intent, manipulation of securities), as well as problems that are currently dealt with in the courts of the countries studied, including in higher courts. Problematic issues are to determine the jurisdiction of concluded transaction, the revision of the jurisdiction in case of suspicion of fraud and the question of the definition of "securities". The scientific novelty of the work is determined by the lack of a definition of certain aspects of qualification fraud in the securities market in the legislation of Germany, Spain, Italy, France and the Czech Republic, despite the development of the stock market in these countries and the regulation of matters of international institutions (primarily EU institutions). Experience of resolving these problems, especially in a conflict of jurisdictions, has important theoretical and practical significance, especially for the Russian legal thought in the context of the intensification of international trials involving economic crimes.

Keywords: Fraudulence , Bond market, Stock market, Germany, France, Italy, Spain, Czech Republic, Jurisdiction, Qualification

DOI: 10.7256/2454-0633.2016.2.67879

Abstract: The subject of the research is to examine the features of qualifications on the national legislation of Germany, Spain, Italy, France and the Czech Republic in terms of conflict of national and international jurisdictions, as well as the analysis of common problems for these countries the definition of fraudulent activity. Particular attention is paid to the issue of collisions of jurisdiction choosing and fraud, based on differences of national jurisdictions as the main source of differences in the classification of fraud in the securities markets. To analyze empirically researched modern features of the development of national and international stock markets, the most defining characteristics of fraudulent activity in the field of securities turnover in Germany, Spain, Italy, France and the Czech Republic. As a result, a common approach highlighted in qualifying securities fraud (materiality, criminal intent, manipulation of securities), as well as problems that are currently dealt with in the courts of the countries studied, including in higher courts. Problematic issues are to determine the jurisdiction of concluded transaction, the revision of the jurisdiction in case of suspicion of fraud and the question of the definition of "securities". The scientific novelty of the work is determined by the lack of a definition of certain aspects of qualification fraud in the securities market in the legislation of Germany, Spain, Italy, France and the Czech Republic, despite the development of the stock market in these countries and the regulation of matters of international institutions (primarily EU institutions). Experience of resolving these problems, especially in a conflict of jurisdictions, has important theoretical and practical significance, especially for the Russian legal thought in the context of the intensification of international trials involving economic crimes.

Keywords: Fraudulence, Bond market, Stock market, Germany, France, Italy, Spain, Czech Republic, Jurisdiction, Qualification

DOI: 10.7256/2454-0633.2016.2.17557

Abstract:   The object of this research is the organization and work of the International Federation of Consulting Engineers (FIDIC) on creation and support of the professional standards in the area of engineering construction activity, including the establishment of norms and rules of professional ethics, principles of sustainable development, etc. The subject of this research is the work of the International Federation of Consulting Engineers on creation of standard contracts for performance of work and provision of services in the area of international investment construction projects, which represent generalization of business practices. The main conclusion consists in the fact that the work of FIDIC on systematization of business practices used in the field of investment construction activity is not a unification or harmonization of law, but rather represents a special, independent mechanism of converging national legal systems.  

Keywords: Representation contract, Partnership contract, Service contract, Construction contract, Investment construction activity, Standard contracts, Business practices, Harmonization of law, Unification of law, FIDIC

DOI: 10.7256/2454-0633.2016.2.67880

Abstract:   The object of this research is the organization and work of the International Federation of Consulting Engineers (FIDIC) on creation and support of the professional standards in the area of engineering construction activity, including the establishment of norms and rules of professional ethics, principles of sustainable development, etc. The subject of this research is the work of the International Federation of Consulting Engineers on creation of standard contracts for performance of work and provision of services in the area of international investment construction projects, which represent generalization of business practices. The main conclusion consists in the fact that the work of FIDIC on systematization of business practices used in the field of investment construction activity is not a unification or harmonization of law, but rather represents a special, independent mechanism of converging national legal systems.  

Keywords: Representation contract, Partnership contract, Service contract, Construction contract, Investment construction activity, Standard contracts, Business practices, Harmonization of law, Unification of law, FIDIC

DOI: 10.7256/2454-0633.2016.2.16851

Abstract: The paper reveals the parameters of the international legal position of the Russian Federation in the universal system of international criminal justice. Within the stated commitment of the Russian Federation, the Rule of Law Rule of Law (Declaration of Millennium 2000., World Summit Outcome, 2005). According to international legal significance of involvement of the Russian state, a permanent member of the Security Council of the United Nations in the global process in the maintenance of international law and order. Taking into account the role of the designated law of international judicial institutions as the authorities to ensure the rights in the work place is detected, the role and importance of involvement of the Russian Federation in the case of the maintenance of international justice in general and the international criminal justice system in particular. The general parameters of involvement of the International Court of the United Nations as the principal judicial organ of the United Nations (Article 92 of the UN Charter) and the International Criminal Court in its capacity as the body of international criminal justice in the taped format institutsionno- legal contribution of the Russian Federation in the mode of maintaining the rule of law Rule of Law in international relations. In this aspect, ensuring international justice in all aspects of its actual legal significance is indicated as a consistent foreign policy of the Russian Federation.

Keywords: Human rights, Criminal justice , International cooperation, International protection, International Criminal Court, Legal regulation, International law, International criminal justice , Universal system, Russian Federation

DOI: 10.7256/2454-0633.2016.2.67881

Abstract: The paper reveals the parameters of the international legal position of the Russian Federation in the universal system of international criminal justice. Within the stated commitment of the Russian Federation, the Rule of Law Rule of Law (Declaration of Millennium 2000., World Summit Outcome, 2005). According to international legal significance of involvement of the Russian state, a permanent member of the Security Council of the United Nations in the global process in the maintenance of international law and order. Taking into account the role of the designated law of international judicial institutions as the authorities to ensure the rights in the work place is detected, the role and importance of involvement of the Russian Federation in the case of the maintenance of international justice in general and the international criminal justice system in particular. The general parameters of involvement of the International Court of the United Nations as the principal judicial organ of the United Nations (Article 92 of the UN Charter) and the International Criminal Court in its capacity as the body of international criminal justice in the taped format institutsionno- legal contribution of the Russian Federation in the mode of maintaining the rule of law Rule of Law in international relations. In this aspect, ensuring international justice in all aspects of its actual legal significance is indicated as a consistent foreign policy of the Russian Federation.

Keywords: Human rights, Criminal justice, International cooperation, International protection, International Criminal Court, Legal regulation, International law, International criminal justice, Universal system, Russian Federation

DOI: 10.7256/2454-0633.2016.2.16856

Abstract: This work demonstrates the place of the institution of responsibility by the EU law within the universal legal system of responsibility of the member-states of the global community. The author examines issues of responsibility from the perspective of the general principle of international law (Article 38 (1) of the Statute of the International Court of Justice), which provides the regime of full reimbursement of damages, as well as the instrument of international law such as restitutio in integrum, which author views as a general requirement of law and justice. The author substantiates the need to transfer the general requirements of international law on the issues of responsibility of the states based on the Rule of Law to the level of supranational and national law. Naturally, such principle of international responsibility as full restitution would seem to be a general requirement of the institution of responsibility of the universal system of international responsibility by the EU law as a part of the international normative order. Through the course of the research the author was able to establish that the institution of responsibility by the law of the European Union forms an integral part of the universal system of international responsibility of states within the general parameters of the global community.

Keywords: International court, Law enforcement activity, Legal regulation, International responsibility, International law, International responsibility of the states, Universal system , EU law, Institution of state responsibility, International normative order

DOI: 10.7256/2454-0633.2016.2.67882

Abstract: This work demonstrates the place of the institution of responsibility by the EU law within the universal legal system of responsibility of the member-states of the global community. The author examines issues of responsibility from the perspective of the general principle of international law (Article 38 (1) of the Statute of the International Court of Justice), which provides the regime of full reimbursement of damages, as well as the instrument of international law such as restitutio in integrum, which author views as a general requirement of law and justice. The author substantiates the need to transfer the general requirements of international law on the issues of responsibility of the states based on the Rule of Law to the level of supranational and national law. Naturally, such principle of international responsibility as full restitution would seem to be a general requirement of the institution of responsibility of the universal system of international responsibility by the EU law as a part of the international normative order. Through the course of the research the author was able to establish that the institution of responsibility by the law of the European Union forms an integral part of the universal system of international responsibility of states within the general parameters of the global community.

Keywords: International court, Law enforcement activity, Legal regulation, International responsibility, International law, International responsibility of the states, Universal system, EU law, Institution of state responsibility, International normative order