DOI: 10.7256/2454-0633.2019.4.31279

Abstract: The subject of this research is the description of theoretical and practical issues associated with implementation of the results of the United Nations peacekeeping activity into the national legislation based on the analysis of the regulatory and legal acts of the Republic of Belarus, as well as the norms and principles of international law. The authors attempted to conduct a legal analysis of the processes of implementation of the decrees  United Nations Security Council  in the Republic of Belarus, identify their flaws, and propose the original vision of remedy for the situation, including provision of the particular legislative proposals aimed at streamlining the implementation of the decrees United Nations Security Council in the countries. The article analyzes, classifies and compare the problematic issues related to implementation of the decrees of the United Nations Security Council into the national legislation of the Republic of Belarus for future examination from both, theoretical and practical perspectives. Although there are plenty of scientific articles dedicated to this problematic, all of them carry unsystematic character.  There comprehensive study on the matter has not been previously conducted. At this time, the mechanism of implementation of the at the international and regional level, the mechanism of implementation of regulations issued by the bodies of international organizations into the national legislation carrying mandatory or recommendatory character is yet to be developed at both, international and regional levels.

DOI: 10.7256/2454-0633.2019.4.30808

Abstract: The subject of this research is the international legal regulation of migration within the framework of activity of the United Nations (UN) and International Organization for Migration (IOM). The ongoing in the world community fundamental changes associated with the scientific and technological progress, strengthening of globalization and rationalization, cause migration waves. The dynamics of international migration is traced by multiple international organizations, the key role among which belongs to UN and IOM. Taking into account the events that took place in the first quarter of the XXI century, the examination of mechanism of international legal regulation within the framework of activity of the United Nations and International Organization for Migration becomes relevant. The scientific novelty consists in the need for substantiating the urgency of the problems of international migration, as well as the ways to resolve it. The international legal regulation of migration within the framework of UN and IOM is an intrinsic element in the current international relations. Emphasis is made on the formation of tolerant attitude to migrants and proliferation of the ideas of multiculturalism within information space.

DOI: 10.7256/2454-0633.2019.4.31805

Abstract: The subject of this research is the international legal and program-strategic framework of activity of the Global Environment Facility (GEF) in promoting the international transfer of climate technologies through the support of projects and programs in the context of global climate regime. Attention is focused on the description of the activity of GEF as operating entity of financial mechanism in United Nations Framework Convention on Climate Change that facilitates execution of the international legal obligations on technologies transfer enshrined therein. Attention is paid to characteristics of the acts of “soft” international law, as well as the role of program and strategic instruments that specify the vector of this field of activity of GEF. The conclusion is made that the existing ramified regulatory base allows the Global Environment Facility to promote the transfer of climate technologies and increase its efficiency. The author is first within the national literature to systematically describe the scale of the activity of GEF in the area of international transfer of climate technologies and its regulatory framework. The novelty consists in revealing the comprehensive nature of such facilitation, which consists in combination of financial and technical support.

DOI: 10.7256/2454-0633.2019.4.31340

Abstract: This article examines the peculiarities of resolving the complicated questions associated with relations regulated by private international law through legal mechanisms that are at the disposal of the integrated institution – the European Union. It is demonstrated that use of means of harmonization and unification – rules and directives – facilitate regulation in the conflict of jurisdictions (on the questions of mutual recognition and execution of court decisions), conflict of laws (with regards to the choice of applicable law to contractual and non-contractual obligations, family and hereditary relations), substantive regulation of relations complicated by a foreign element. Methodology contains the sources of the European Union Law – constituent agreements, rules and directives in French language as the language of the theory of private international law. The analysis of EU legislative acts demonstrated that the most significant problems in all areas of private international law have been resolved in a positive way: enshrinement of the principle of mutual recognition and execution of court decisions; establishment of the general and subsidiary conflict of laws principles for the various types of private law relations, considering the latest scientific trends of private international law and comparative-legal experience; establishment of groundwork for harmonization of private law of the EU member-states. The authors also underline the inadequacy of regulation on the separate questions of private international law (qualification). Recommendation is made regarding the experience of the European Union in the context of potential development of law of the European Economic Community in the indicated sphere.  

DOI: 10.7256/2454-0633.2019.4.31840

Abstract: The subject of this article is the analysis of the key provision of law of the European Union and national legislation of its member-states in the area of protection of trade secret. The author examines the strategies of harmonization of legal protection of trade secret on the supranational level, which allow ensuring conditions for the development of domestic market and transboundary trade activities through overcoming the fragmentation of legal regulation. Emphasis is made on the analysis of provisions of the Directive (EU) 2016/943 on unification of the definition of trade secret and stipulation of the general measures for its protection. Methodological framework is comprised of the general methods of cognition – analysis, synthesis, generalization, abstraction. As a special scientific method the author applied dogmatic method, which allowed revealing the content of novelties contained in the Directive (EU) 2016/943. Comparative legal method was applied in comparing the Agreement on Trade-Related Aspects of Intellectual Property Rights, Directive 2016/943, as well as the law of EAEU. The conclusion is made that trade secret plays an important role in the development of digital economy. The author’s contribution lies in determination of the pattern demonstrating that the use of digital technologies in all spheres of activities directly affects the methods of protection of trade secret, as well as the ways of its unauthorized acquisition, use or disclosure. The novelty this work consists in substantiation of the impact of harmonization of legal protection of trade secret in the European Union upon gradual development of scientific research and commercialization of innovations, which complies with the key direction of the activity on implementation of the Digital Single Market strategy.

DOI: 10.7256/2454-0633.2019.4.31876

Abstract: This article is dedicated to examination of the questions of bioethics and biomedicine in the context of protection of the right to respect for one's private and family life in practice of the European Court of Human Rights. The author explores the international legal regulation of the questions of bioethics and biomedicine, practice of the European Court of Human Rights within the framework of the Article 8 of Convention on the Protection of Human Rights and Fundamental Freedoms with regards to the topic, potential implementation of the corresponding norms and legal provisions in the Russian juridical practice. The conclusion is made on applicability of the Article 8 8 of Convention on the Protection of Human Rights and Fundamental Freedoms to particular problems related to the sphere of bioethics and biomedicine, including the use of the assisted reproductive technologies and transplanting. The author analyzes the problem of demarcation between private and family life in the context of the protection of rights relating to bioethics and biomedicine, and the corresponding criteria formulated by the European Court on Human Rights. The conducted research claims the possibility of government’s interference into the right to respect of one’s private and family life within the framework of the sphere of bioethics and biomedicine in accordance with the general criteria of its admissibility; dedicating particular attention to determination of boundaries of the margin of state discretion; and finding the balance of interests among various entities.

DOI: 10.7256/2454-0633.2019.4.29394

Abstract: Public international law and private international law represent two different legal systems. Their interrelation is traced in the practice of two reputable international courts – the Permanent Court of International Justice and the International Court of Justice. The author highlights the four most distinct cases of reference of international courts to the private international law: when there is a lacunae in the public international law, which may be filled through reference to the private international law; when the parties request the Court to fall back upon interpretation of the agreement on private international law prior to resolving the issue of public international law; when the public-legal principles and responsibilities of the parties derive directly from the domestic legislative acts regulating the private-legal questions; when the Court is asked to establish whether or not the execution of national legislation violates the norms of public international law.