DOI: 10.7256/2454-0633.2017.4.25064

Abstract: The subject of this research is the provisions of the normative legal acts of the Eurasian Economic Union member (EAEU) states that regulate the scientific research activity, as well as the provisions of the EAEU that maintain the liberalization of services market for the purpose of creating of the unified market for services in the indicated sector alongside other sectors. Particular attention is given to the determination of factors that raise barriers and restrict access for the representatives of the EAEU member states to services within the framework of the sectors of services in the area of research and development and implementation of its results. The author also examines the practice of other integration institutions (EU) and approaches of the international organizations Organization for Economic Co-operation and Development (OECD). A conclusion is made about the need for harmonization of the conceptual apparatus applied in the legislations of the EAEU member states about the research and development activity, as well as implementation of mechanism aimed at the removal of barriers and restrictions regardless of approval or disapproval of the conceptual equivalence within this sector.

DOI: 10.7256/2454-0633.2017.4.25100

Abstract: The subject of this research is the legal standards of the Eurasian Economic Union that contain administrative requirements and procedures in different areas, as well as securing the status of authorities of the Union. The indicated provisions are examined from the perspective of correlation with the established system of the Russian administrative legislation and cooperation. Attention is given to the scientific-theoretical representations regarding the interrelation and cooperation of the international, integration and national law applicable to regulation of the administrative-legal relations. The author explores the relevant foreign experience on the example of the European Union. The following conclusions were made in the course of this research: 1) in the process of Eurasian integration, regulation of the substantial part of administrative and related public legal relations in economic sphere, including the administrative procedures of public administration and private actors, shifts from the national level towards the level of integration law; 2) the Eurasian Economic Commission has acquired the features of a distinct supranational body of public administration that enters into direct legal relations with the private actors; 3) the law of the Union observes the formation of “quasi-administrative responsibility” and “quasi-administrative justice”. The article is first to advance a hypothesis on the development of administrative law of the Eurasian Economic Union within the framework of the system of integration law.

DOI: 10.7256/2454-0633.2017.4.25118

Abstract: This article analyzes the provisions of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea of 2003 and additional protocols regarding the information exchange between the contracting parties, as well as about the ensuring public access to information on the status of marine environment of the Caspian. Particularly, the author examines the principles of accessibility of information pertinent to the pollution of marine environment of the Caspian Sea, consolidated in the Convention. Special attention is given to the principle of public participation reflected in the Convention along with the Rio Declaration of 1992 and Aarhus Convention of 1998. The author also reviews the national strategies of public participation. The conclusion is made that based on the provisions of the Convention and its additional protocols pertinent to the exchange of information, follows that the contracting parties provide to each other not only the information on the pollution of the marine environment of the Caspian Sea, but also the emergency situations and other data necessary for cooperation of the parties for the purpose of protection, preservation, and restoration of the marine environment. The involvement of public into resolving the environmental issues in terms of the Convention will allow increasing the information awareness of society, strengthen its role in control over the Caspian environment, and overall, encourage the efficiency of the adopted decisions.

DOI: 10.7256/2454-0633.2017.4.25054

Abstract: The subject of this research is the norms of the constituent agreements of the European Union, concluded by the EU member-states since 1992. The object is the Article J.4, Declaration of the Western European Union of the Treaty on European Union; Article J.7 of the Treaty of Amsterdam; Declaration on the European Policy and Defense, and Defense of the Treaty of Nice; Articles 28 A – 28 E, Article 188 R, Protocol on Permanent Structured Cooperation, established by the Article 28 A of the Treaty of Lisbon. The author examines the institutionalization of the European Defense Agency, which activity is aimed at the creation of financial and technical base for conducting the general security and defense policy of the European Union. Special attention is given to consideration of the legal base of cooperation of the European Union with NATO in the military political sphere. The main conclusion lies in the fact that the norms of primary law of the European Union form the basis of its activity in the area of security and defense. The author’s main contribution is that this article represents an integral, unified by the common idea innovation case study, which conclusions carry a great practical importance for establishment of the defense policy of Russia with regards to the EU member-states and EU overall. The scientific novelty is define by the fact that European Union was endowed with the defense function through adoption of the Treaty of Lisbon that establishes the general security and defense policy.

DOI: 10.7256/2454-0633.2017.4.23898

Abstract: This article is dedicated to the problem of termination of the UK membership in the European Union (Brexit) and its implications on economic and political relations between the parties. The importance of Brexit is viewed in the context of legal regulation of the derivatives, which transactions are the intrinsic part of financial markets, as well as comprise a significant percentage of UK’s GDP. Currently, the future of the bilateral relations remains uncertain, and the extent of the negative consequences depends on the final format of cooperation selected by London and Brussels. The author identifies the four most probable models of cooperation with different levels of political and economic integration. The legal mechanism of Brexis along with its impact upon the derivatives market is insufficiently studied in the Russian science. The results of this work can be applies by the scholars specialized on the questions regarding Brexit, relationship between UK and EU, as well as valuable for the researchers of the integration and supranational formations.