DOI: 10.7256/2454-0633.2019.2.29970

Abstract: The recognition of public-private partnership as one of the methods for achieving sustainable development goals shifted its regulation to the category of common interests of the states. The subject of this research is the institutional form of international cooperation in the area of public-private partnership, characterized by involvement of multiple international organizations that have regulatory effect upon the relations in this sphere. The results of such impact are quite significant, but at the same time lower than real capacity. Critical assessment along with analysis of the trends and limitations in exercising of regulatory function of international organizations in the area of public-private partnership appear relevant. Application of the methods of comparative analysis, as well as document and social networks analysis, allow forming the conceptual basis for determining the role of international organizations in regulating public-private partnership, problems of their interaction and prospect of future international cooperation in this sphere. The key role of international organizations in the area of public-private partnership consists in influencing the national peacebuilding processes of the states in the area of public-private partnership by unification and harmonization of corresponding legislation and facilitating the process of creating the customary rules of international law in the sphere of public-private partnership. It also implies in transformation of the concept of public-private partnership. The results of regulatory effect of international organizations with regards to public-private partnership are not necessarily identical, as the functions of international organizations on regulating public-private partnership have its limitations, substantiated either by the objective factors of the development of international cooperation in the area of public-private partnership, or mostly by the provisions of constitutive acts of these organizations. The method of overcoming such issues can become the transformation of regulatory function of international organizations and modification of the instruments for its implementation or creation of new ones.

DOI: 10.7256/2454-0633.2019.2.30107

Abstract: The subject of this research is the documents accepted in 2018 in the European Union regulating the requirements to utilization of products made of artificial materials, including the disposable products and fishing gear (draft directive and its substantiation, pan-European strategy). The European Union recognizes the growing threat of marine pollution, harm to living resources of the sea, as well as human health due to consumption of seafood products, decrease in the volume of extracted marine bioresources, and other negative consequences of the extensive usage of plastics (inexpensive, easily transported, but hard to collect, process and dispose wastes); as well as proposes the corresponding solution measures. Familiarization with the assignments of the directive and arguments for its adoption, set forth in Rationale prepared by the European Commission, would contribute to solution of one of the most urgent issues in the area of preventing environmental pollution (primarily the World Ocean) on a global and regional scale, including Russia that still did not pass the Federal Law “On Packaging Wastes”, the system of waste sorting and recycling, lags behind the practice of the developed countries in complete recycling of disposable products. Otherwise, the accumulated wastes produce toxic effect upon the surface and ground waters, soil, air, human health, environmental security of the population and territories.

DOI: 10.7256/2454-0633.2019.2.29986

Abstract: The subject of this research is the public relations on international cooperation in the context of UN program for disaster risk reduction. The object of this research is the structure of the United nations responsible for implementation of measures on forecasting and response to disasters, as well as liquidation of their consequences. The goal lies in giving characteristics to the activity of UN multidirectional institutional mechanism that maintains international cooperation with regards to protection against various types of disasters. The author analyzes the establishment of this structure, its saturation with diverse functions, realignment and activities. The article presents the opinions of multiple scholars and experts, as well as author’s independent conclusions on the advantages and disadvantages of the structure of the UN. The author underlines presence of the system of structural elements with different legal status in the context of UN, involved, within their competence, in the mechanism for protection against various types of disasters. The conducted analysis reveals flaws in its functionality, however, the system helps reducing consequences of disasters. The scientific novelty consists in the comprehensive analysis of formation of the system, its functionality and cooperation with other international institutions; while other similar works usually consider only one or several structural elements of the system, or provide critical assessment of its current activity.

DOI: 10.7256/2454-0633.2019.2.29711

Abstract: The goal of this comparative-legal research is the determination of similarities and differences in regulatory change management of the key parameters of international investment construction project, which implies quantitative and qualitative changes of the quality of project product, project budget and implementation timeline. The object of this research is the change management procedure in the investment construction project with participation of Russian and foreign legal entities. The subject is the terms of standard contracts of International Federation of Consulting Engineers (FIDIC) and norms of the Civil Code of the Russian Federation. The following conclusions were achieved: 1) Determination of fundamental differences between the FIDIC contracts and norms of civil legislation: the first are based on the principles and practice of project management, whole the latter on the pacta sunt servanda principles and freedom of contract; the first are aimed at ensuring optimality (quickness, flexibility) of decision-making and control over the activity of project participants, while the latter – at ensuring sustainability of contractual links and equality of the parties; 2) FIDIC contracts are aimed at ensuring and protection of client’s interests, while the norms of the Civil Code of the Russian Federation, which regulate the relations of construction contract, lean towards protecting contractor’s interests; 3) The result of subordination of the relations of construction contract, emerged on the basis of FIDIC standard contracts, to the Russian substantive law, would become the impossibility of implementation of certain change management procedures, which may complicate control over the contractor’s work, as well as reduce the efficiency of project’s adjustment to the changes in its external and internal environment.  

DOI: 10.7256/2454-0633.2019.2.30166

Abstract: The goal of this research is the analysis of the practice of the European Court of Human Rights on the use of human genome information and biomaterials. In the course of the study, the author describes the three category associated with determination of requirements to collection, utilization, and storage of human biomaterials. The article examines the question of observance the respondent governments of civil rights in the area of obtaining person’s agreement for donation of tissue and organs right after death along with the agreement of his immediate family, agreement for collection and utilization of DNA materials in establishment of natural relation of people, scientific research on the topic, as well as ensuring confidentiality of genome information about a person. The author reviews the question of developing differentiation approach towards the collection and storage of genetic information and samples with regards to persons convicted of crimes depending on their degree, as well as persons whose criminal prosecution ended in acquittal or dismissal of charges. The main conclusions lies in determination of general trends and rules applied by the European Court of Human Rights in hearing of complaints with regards to collection, utilization and storage of human genetic information and biomaterials. It is noted the despite the affiliation of the examined legislation to a particular state, it corresponds with the key regulations of international acts in the area of respecting human and civil rights to personal and private life, justly balancing private and public interests.