DOI: 10.7256/2454-0633.2018.4.27705

Abstract: This publication is dedicated to the analysis of discussions and results of the First United Nations Conference on Space Law and Policy, which was held in Moscow on September 11-13, 2018 under the aegis of the United Nations Office for Outer Space Affairs – UNOOSA and the Government of the Russian Federation. The agenda consisted of the most topical questions that require the elaboration of agreed solutions for ensuring the reliable, safe and peaceful use of outer space at the benefit of entire humanity. The author analyzes the expert positions on such questions as ensuring security of space activities and outer space; prevention of the emergence of “space trash” and elimination of its consequences; exploration and development of space resources; management of space traffic. It is demonstrated that the forum held in Moscow gave incentives and instruments for further development of international cooperation for the speedy settlement of topical issues on space activities, as well as defined the key trends of continuous development of the international and national space law and policy. The author underlines the transition from the theoretical legal disputes regarding the fundamental admissibility of commercial extraction of extraterrestrial resources towards the practical search for potential model of the corresponding political legal regime, which would meet the interests of all UN member-states.

DOI: 10.7256/2454-0633.2018.4.28392

Abstract: This article is dedicated to the problem of protection of right to respect for private and family life in the European Union law. The author examines the legal regulation and content of right to respect for private and family life in the European Union in conjunction with rule of law with the Council of Europe. The author considers the interpretation of corresponding rules in practice of the European Court of Human Rights and Court of Justice of the European Union, correlation of the right to respect for private and family life with the right to protection of personal data. The article analyzes the provisions of the Charter of Fundamental Rights of the European Union and Convention for the Protection of Human Rights and Fundamental Freedoms dedicated to protection of private and family life, as well as their interaction within the European Union Law. The corresponding rules of European Convention for Protection of Human Rights and Fundamental Freedoms are recognized by the European Union Law in determining the content of the law under consideration, but without EU Court’s prioritization of it within the current EU law enforcement.  In the European Union law, the right to protection of personal data is allocated as an independent right guaranteed alongside the right to respect for private and family life, which differs from the approaches established in the Council of Europe law.  

DOI: 10.7256/2454-0633.2018.4.27597

Abstract: The concept of climate protection was created upon the initiative of environmental scholars and legal experts of multiple countries, supported by the forward-minded politicians, introduced to public consciousness, implemented in the extensive legislative acts of the international environmental law, by the governments and public associations. The consequences of climate change are evident for the planet. However, the opposition of climate protection refuse to discharge their obligations on reducing the emissions of greenhouse gas and other harmful substance into the atmosphere, which cumulatively lead to the global warming effect, formation of ozone holes and other negative aftermath for the environment and peoples’ health. Besides the analysis of regulations of the Paris Agreements, the authors examine the core international legislative acts that served as a prerequisite for its adoption; explore the mechanism for implementation of Paris Agreement in the decisions passed in the 22nd and 23rd UN Climate Conferences, political views of separate countries, and legal regulation of this question in the Russian legislation. The Russian foreign policy concept stipulates the provision of environmental security and counteraction of climate change through formulation of the scientifically substantiated approaches towards preservation of favorable environment and expansion of cooperation with all countries for meeting the demands of the current and future generations. It is noted that despite the implemented measures on preventing the possible and resolving the already existing environmental-legal conflicts between the states, regions, environmental aspects and businesses that emerge in the area of climate protection, there is a possibility of aggravation of relations between the parties with regards to reducing the emissions of greenhouse gases.  

DOI: 10.7256/2454-0633.2018.4.27869

Abstract: The subject of this research is the problems of legal support of the activity of Collective Rapid Reaction Force of the Collective Security Treaty Organization, which the author defines as the internal contradiction and discord of the current normative base in the area of collective security of the organization. These include the imperfections of the conceptual-categorical apparatus, disruption in logic of structuring legal framework, terminological substitution, tautology, administrative anachronism, and a number of others. The goal of this work lies in substantiation of suggestions and recommendations aimed at improvement of mechanism of legal regulation of the collective security system in the format of Collective Security Treaty Organization. The scientific novelty of the publication consists in the original proposals with regards to improvement of the regulatory framework in the area of the activity of Collective Rapid Reaction Force. The results can serve as a legislative initiative for the Parliamentary Assembly of Collective Security Treaty Organization.

DOI: 10.7256/2454-0633.2018.4.27523

Abstract: Ratification by the Russian Federation of the Convention for the Protection of Human Rights and Fundamental Freedoms drafted in 1950 allowed distributing the implementation of international standards with regards to treating the convicts in the territory of Russian Federation. The decisions of the European Court of Human Rights attained the role of substantial factor influencing the penal policy in Russia. The author examines the question about the status of precedents of the European Court of Human Rights, their practical application considering the opinions of the Constitutional Court of the Russian Federation, namely the restriction of suffrage for the persons in detention. The article analyzes the problems of enforcement of the separate court rulings of the European Court of Human Rights; as well as the implementation of decisions of the European Court of Human Rights considering the Court Order of the Constitutional Court of the Russian Federated of 04.19.2016 No. 12-P. As a result, the following conclusions were made: the decisions of the European Court of Human Rights are aimed at protection of interests of the persons in detention, affect the penal policy in the Russian Federation, as well as influence the humanization of laws and law enforcement practice by introducing amendments into the current penal legislation.