DOI: 10.7256/2454-0633.2019.3.30405

Abstract: The subject of this research is the development of integration cooperation between the EAEU member-states in the area of protection, management and commercialization of the rights to intellectual property through the prism of formation of the regional intellectual property law of this international organization. The author describes the characteristics of intellectual property as one of the vectors of integration, as well as analyzes the results of integration processes in this sphere achieved over the period from 2014 to 2019. Special attention is turned to revealing the prospects for such cooperation within the framework of implementation of digital agenda. Analysis of the dynamics of integration processes is based on the principle of development, as well as system-structural approach. The historical-legal along with the formal-dogmatic method allowed reveling the content of legal results of the first quinquennial stage of integration. The main conclusion lies in the conceptual provision that currently the integration of EAEU member-states in the sphere of intellectual property is substantiated by the relevance for responding to global challenges, one of which is digitalization of the economy and various fields of social life. The author’s main contribution into studying of integration processes in the sphere of regional space of international property law is defined by conceptualization of the development of integration processes with regards to intellectual property from the perspective of its expansion, as well as advancement of new priorities in the conditions of digital transformation. The scientific novelty lies in substantiation of the prospects of using digital technologies for managing the life cycle elements of the rights to intellectual property as a potential object of cooperation in the format of integration.

DOI: 10.7256/2454-0633.2019.3.30269

Abstract: This article is dedicated to the problem of enforcement of decisions of the European Court of Human Rights (ECHR) in the Federal Republic of Germany. The author explores the experience of West Germany in settling the conflict between the national law and international treaty – the European Convention on Human Rights. Special attention is given to the analysis of positions of the Federal Republic of Germany related to the decisions of ECHR made in regard to other countries and constituting precedents in German courts, as well as mandatory for considering in the work of government bodies. The scientific novelty is defined by focusing on the previously uncovered by the Russian legal experts combination of relevant aspects of the enforcement of decisions by ECHR in Western Germany through the prism of the realities of Russian law. Being fluent in German language, the author used the original laws and regulations of the Federal Republic of Germany, as well as scientific literature in German language. The conclusion is made that by imparting the status of general law upon the European Convention on Human Rights, Germany still relies on priority of the norms of international law over the national legislation and compliance with the decisions of ECHR. The author recommends to incorporate the German practice, according to which for preventing the instances of violating Convention in the future, the government bodies of the Federal Republic of Germany must consider the directive of ECHR not only with regards to Germany, but also foreign countries, as the practice of the European Court of Human Rights accordant to the position of the Federal Constitutional Court of Germany constituents has precedential value.

DOI: 10.7256/2454-0633.2019.3.30654

Abstract: This article examines the question on the role of foreign investments within the system of international economic relations from the perspective of law. The author analyzes the main and auxiliary goals of an investor and the country-recipient of foreign investments and the country of origin of the investments. The legal-economic concept of “investment/foreign investment” is viewed considering the author’s opinion that investments as such are multifunctional. Different understanding in this regard underline the various aspects of the phenomenon; thereat, the legislators of different countries are guided by their teleological reasons, while representatives of the doctrine – by affiliation to one or another scientific specialty (or school). The scientific novelty lies in articulation of the problem, as well as the approaches towards its studying. The new data regarding the records and information on the role of foreign investments within the system of international economic relations are introduced into the Russian-language discourse. The conclusion is made that the foreign investments are characterizes by versatile functionality, expansion of which is substantiated by the needs of the country-recipient of investments along with the country of their origin.  

DOI: 10.7256/2454-0633.2019.3.30742

Abstract: The subject of this research is the international acts in the area of scientific and technical cooperation of the BRICS countries – bilateral agreements between the Governments of the Russian Federation and Brazil (2007), Russian Federation and India (1994), Russian Federation and China (1992), Russian Federation and South Africa (2014), and others pertaining to protection and security of rights to intellectual property. Attention is focused on the problematic moments in legal regulation of the “preceding” and “created” within the framework of these acts of intellectual property, including the questions of dispute settlement between the parties, the order of allocation of rights to service development and compensation for them, structure and content of separate contracts concluded in accordance with the indicated agreements, etc. The scientific novelty consists in articulation of the problem and approaches towards its research. The author comes to the conclusion on the sufficient elaboration of the bilateral agreements between the Russian Federation, India and China, which is viewed as a crucial factor in the development of further cooperation in this area for the purpose of ensuring of economic modernization of these countries on the innovative basis. However, the cooperation between Brazil and South Africa is not well developed, therefore the leadership of these countries does not take measures on development and signing of intergovernmental protocol to the Agreement between the Russian Federation and Brazil, called to regulate mainly the questions of legal protection of intellectual property, which manifests as the factor hampering the development of cooperation.

DOI: 10.7256/2454-0633.2019.3.29751

Abstract: The subject of this article is the problem of acceptance of the rulings rendered by subregional economic courts by the African Commission on Human and Peoples’ Rights. The research leans on the approaches towards the procedure of filing same cases in multiple international jurisdictions. Particular attention is paid to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights; as well as to the work of African Commission and African Court with regards to the problems of low efficiency in their interaction with the courts of subregional economic communities. The article demonstrates the existence of complex and contradictory problems, which solution affect the eventual fate of the courts of African subregional economic communities. The solution of these issues depends on reaching consensus with regards to acceptance of rulings rendered by subregional economic communities as final, as well as permission to file complaints to the African Court on Human and Peoples’ Rights for separate individuals.