Abstract: The article focuses on the problems of legal and organizational issues associated with international legal counteraction of corruption in the social sphere. The author carried out a detailed theoretical and legal analysis of international legal means of combating corruption in the social sphere with universal legal positions. Discusses the author's position regarding the notion of international-legal counteraction to corruption. The main attention is paid to development of methods and methodology of international legal regulation of countering corruption in the social sphere. The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the process of the study were used General philosophical, theoretical, General philosophical methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditionally legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The main conclusion drawn from the results of the study, is that at present to ensure law and order in the social sphere it is necessary to improve the legal anti-corruption measures in the social sphere. The main contribution made by the authors in this article is the necessity of implementation of international legal standards for combating corruption in the social sphere. The novelty of the article lies in development of proposals for the development of forms and methods of fighting corruption and creating legal and institutional guarantees of legality in the social sphere.

Keywords: Counteraction, Responsibility, Crime, Means, System, Social, Sphere, Corruption, Law, Standard

DOI: 10.7256/2454-0633.2016.4.68439

Keywords: Counteraction, Responsibility, Crime, Means, System, Social, Sphere, Corruption, Law, Standard

DOI: 10.7256/2454-0633.2016.4.20618

Abstract: The author examined the questions and expressed his original thoughts regarding the legal issues of maritime traffic in the Bering Strait zone, considering the practice of ensuring its security. The subject of the research is the legal relations in the area of seafaring applicable to the Bering Strait legal regime. The article thoroughly reviews such questions as the analysis of legislation of the littoral states, regulation of seafaring, and safety of maritime traffic. The main emphasis is made on examination of the main navigation routs that can ensure the security in maritime traffic due to the increase of seafaring intensity in the Chukchi Sea. The scientific novelty is substantiate by the fact of absence of similar works on this matter in the Russian specialized literature. The relevance is justified by the need to introduction of the new legal and organizational measures aimed at ensuring security in seafaring in straits considering the possible increase of the intensity of seafaring, which is being forecasted based on the use of the Northeast Passage.

Keywords: safety of natural maritime landscapes, legal regime of the maritime spaces, straits legal status, social-environmental issues, traffic control, safety of navigation, Sea law, Bering strait, control of sea traffic, Arctic merchant navigation

DOI: 10.7256/2454-0633.2016.4.68440

DOI: 10.7256/2454-0633.2016.4.19021

Abstract: The object of this research is the formation and development of the PRIMA connection factor aimed at regulation of the relations associated with the transboundary transaction of the bonds. Currently, there is no single contentious approach for resolution of such issues. The national substantive law and/or conflict of laws is most often implemented in practice. The formulated in 2000’s contentious principle of PRIMA, including its modifications, suggested by the Hague Convention on securities, is in need for further improvements and is not currently applied by the participants of the stock market. In absence of a single approach, the risk of invalidity of, for example, law selected by the parties in the aforementioned relations is rather high. The main goal of this work consist in determination of which law will be implemented for the regulation of certain relations. Due to the fact that conflict of laws method is capable to distinguish the applicable law, although the specific disposition, hypothesis or sanction of legal relation will be contained in the substantive norms of the selected in correspondences with the conflict of laws method of legal order, the author use the substantive legal method in this research. The main result of this work lies in the analysis of various options of the connection element PRIMA, determination of its positive and negative aspects (including the risks associated with the use of one or another option), as well as future direction of the development for regulation of the assigned area of relations.

Keywords: Directive , Conflict of laws, European Law, transboundary stocks, indirect holding system, stock market, Hague Convention, Securities, International Private Law, PRIMA approach

DOI: 10.7256/2454-0633.2016.4.68441

Keywords: Directive, Conflict of laws, European Law, transboundary stocks, indirect holding system, stock market, Hague Convention, Securities, International Private Law, PRIMA approach

DOI: 10.7256/2454-0633.2016.4.17849

Abstract: The author thoroughly examines such aspects of the topic as the interaction of law and politics in establishment of the institution of citizenship in modern world, as well as the global trends towards signing by the state of the international legal conventions aimed at protection of human rights. The subject of this article is the relation of states regarding the allocation to an individual of the political legal connection with society and the government demonstrates the level of development of the democracy in a specific country. Special attention is given to the questions of interdependence between the national and international law, which is the best indicator of priority of state interest in establishment of the legislative policy of a certain nation. The regional international relations in this case serve as a factor of the unity of states in solution of the problems of population. The main conclusion consists in the thesis about the need for strengthening of the transnational connections regarding all aspects of the protection of human rights. The legal component of this activity of the state obligates the legislator to consider the legal experience of other countries and regions, as well as existing recommendations of UN on this matter. The interdependence between the normative legal acts of all levels must contribute into the formation of high quality legislation.

Keywords: Prospect, Contract, Agreement, Interaction, Integration, Cooperation, Citizenship, Law, Politics, State

DOI: 10.7256/2454-0633.2016.4.68442

Keywords: Prospect, Contract, Agreement, Interaction, Integration, Cooperation, Citizenship, Law, Politics, State

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.

Keywords: trade treaty, nongovernmental organization, multinational corporation, free economic zones, international labour standards, human rights, Trade Union, national mechanism, international mechanism, decent joob

DOI: 10.7256/2454-0633.2016.4.68443

DOI: 10.7256/2454-0633.2016.4.20844

Abstract: The subject of this research is the views of the Russian and foreign community upon the International Criminal Tribunal for the former Yugoslavia (ICTY). The authors analyze the problematic aspects of its activity of legal and political character. The article examines the contribution of the Tribunal into the development of international criminal law and procedure, participation of the Tribunal in post-conflict reconciliation in the Balkans, involvement of ICTY in the integration process of the countries of Western Balkans into the European Union, as well as such issues as complication of processes and remoteness of the Tribunal from the Western Balkan countries. The main method of this research lies in comparison of the Russian and foreign communities during the International Criminal Tribunal for the former Yugoslavia. The ICTY experience allows determining the key problems in the area on international criminal justice and the ways for their solution. The analysis of the views of Russian and foreign experts demonstrates that the negative sides of the international criminal processes must be considered by international community in establishment of similar institutions in future.

Keywords: international humanitarian law, United Nations, experts opinion, tribunals, international criminal justice, ICTY, International Criminal Law, international community, post-conflict resolution, Western Balkans

DOI: 10.7256/2454-0633.2016.4.68444

DOI: 10.7256/2454-0633.2016.4.20610

Abstract: This article examines the questions of formation of the domestic energy market in the European Union from the perspective of standards and spheres of public regulation on the level of the union, as well as EU member-states. The author thoroughly examines the legal aspects of establishment and the function of the single regulatory body in the area of energy in EU member-states, as well as the functions and powers of the Agency for the Cooperation of Energy Regulators (ACER). Based on the analysis of the international legal acts along with the work of international law actors, with implementation of the historical approach, the author explores the legal aspects of formation of the new institutions and regulatory public authorities in the energy field. Majority of the researchers as the key novelty of the EU “third energy package” note the requirement on separation of assets of the vertically integrated corporations. At the same time, in the author’s opinion, the most important aspects consists in establishment of the supranational field body in energy sphere, to which the EU member-state have granted certain authority.

Keywords: Wholesale Energy Market, ACER, supranational regulatory authority, domestic energy market, European Union, National regulatory authority, Third energy package, Separation of the assets, Public regulation , Energy

DOI: 10.7256/2454-0633.2016.4.68445

DOI: 10.7256/2454-0633.2016.4.21112

Abstract: This article presents the analysis of subsidiarity as the principle containing the dual – political and legal nature. Thus, special attention is given to the questions of judicial and political control over compliance with the principle of subsidiarity in EU legislative activity regarding the questions that are not referred to as of its explicit competence, and primarily, the topic its joint competence with the member-states. In the first part of the article, the author analyzed the practice of the Court of Justice of the European Union on the case on violation of the principle of subsidiarity by the supranational institutions. In the second part, the author examines the practice of application of the principle of subsidiarity in the EU legislative process within the framework of the so-called subsidiary control mechanism and its procedures of the “yellow” and “orange” cards, initiated by the EU member-states national parliaments. The scientific novelty consists in the position that the principle of subsidiarity is being viewed in the context of EU legislative activity not only from the perspective of political means aimed at protection of the national legislative prerogatives, but also from the perspective of legal limitation of realization of the supranational regulatory prerogatives, possessing jurisdictional power. The article assesses the efficiency of the work of subsidiarity as political (through the subsidiary control mechanism), as well as legal (through the court case hearing) principle. The author expresses an opinion on possibility of implementation of the principle of subsidiarity as the principle that limits the realization of supranational regulatory prerogative in Russia, where the problem of excessiveness activeness of the federal legislator in regulation of the questions of joint competence does not lose its relevance since 2000’s.

Keywords: yellow card, subsidiarity control mechanism, national parliaments, regulatory prerogatives, shared competence, subsidiarity principle, European Union, Court of Justice of the European Union, Russian Federation, cooperative federalism

DOI: 10.7256/2454-0633.2016.4.68446

DOI: 10.7256/2454-0633.2016.4.20385

Abstract: The work “Diffusion of Responsibility in International Law” edited by the prominent scholar and professor of Public International Law at University of Amsterdam, member of the Permanent Court of Arbitration, president of the European Society of International Law André Nollkaemper represents a research on international responsibility in the context of problematic of the shared responsibility and criteria of its distribution. The publication present theoretical and practical interest for the international legal experts, scholars, students and post-graduate students, and others interested in the problems of international law and international relations. Examination of the normative grounds of the questions of international responsibility (Article of the UN Commission of International Law on responsibility of the states for international illegal activity, and project of Articles on responsibility of international organizations) leads to the conclusion on their incapability to resolve the most complicated practical questions, which emerge in commission of the illegal actions by the international organizations. The authors attempt to find substantiation to the criteria of distribution of responsibility in such areas as political theory, philosophy, economics, and particularly the criterion of fairness.

Keywords: International responsibility, Distribution of responsibility, André Nollkaemper, International Law Commission, Responsibility of the states, Responsibility of the international organizations, Concept of international responsibility, Shared responsibility, Principles of shared responsibility, Progressive development

DOI: 10.7256/2454-0633.2016.4.68447