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MAIN PAGE > Journal "International Law" > Contents of Issue № 01/2018
Contents of Issue № 01/2018
Question at hand
Korol'kova E.E. - The right to use force and the work of private military and security contractors in armed conflicts pp. 1-7

DOI:
10.25136/2306-9899.2018.1.25464

Abstract: This article analyzed the interpretation of generally recognized principles of international law, such as the principle of sovereign equality of the states, principle of refraining from the threat or use of force in international relations, principle of non-intervention into internal affairs of other states in realization of the foreign policy. Using the example of the United States, in is demonstrated how with assistance of the private military and security contractors  hired by the government for participation in the armed conflicts, they intervene into the internal affairs of other state, violating the aforementioned principles of international law. The author suggests to introduce the norm on assignment to the government of the actions of the private military and security contractors into the project of international convention on the work of private military and security contractors; prohibit the transnational corporations and other legal and private entities to hire them for realization of the tasks associated with the use of force in the armed conflict zone; establish the hiring mechanism for the private military and security contractors for execution of tasks in the foreign state territory exceptionally in accordance with the agreement of the receiving state.
Integrational law and supernational associations
Kriger A.M. - Legal regulation of credit default swaps in the European Union pp. 8-18

DOI:
10.25136/2306-9899.2018.1.23727

Abstract: The object of this article is the legal relations that emerge in conclusion of transactions with the credit default swaps. The subject of this article is the combination of legal norms that regulate the peculiarities of conclusion of transactions with credit default swaps in the European Union, the concept of this financial derivative, and its impact upon the global financial crisis of 2007-2009. The credit default swaps (CDS) were initially introduced in the mid 1990’s in the United States for the purpose of hedging the risks of corporations; however, within a short period of time, CDS have become the most popular financial derivatives in the world. The unconscionable and excessive application of CDS played a fatal role in the evolvement of world financial crisis of 2007-2009. In response, the world leaders initiated the elaboration of legal regulation of CDS. The European Commission was responsible for the preparation of the reform in the EU. In 2012 have been adopted the first documents regarding the CDS regulation. The current CDS legal framework is based on the requirements for providing information on certain transactions to the competent authorities of the European Union, adherence to the transparency regime and undergoing the central counteragent clearing processing. The question of legal regulation of CDS in the European Union is relatively new to the Russian science and have not yet received a sufficient coverage. The relevance of this work is defined by the high impact of the indicated financial derivatives upon the global economy. Considering the immense volumes of CDS world market and the popularity of this financial derivative, the materials can be used in formulation of the analogous regulations in the Russian legislation, as well as realization of commercial activity on the financial market.
Ryzhov V.B. - Cooperation of EU member-states in the area of ensuring inviolacy of the human genome pp. 19-27

DOI:
10.25136/2306-9899.2018.1.25777

Abstract: This article examines the aspects of the social-legal, ethical, religious and other type that determine the current status and prospects of cooperation of the EU member-states in the area of ensuring inviolacy of the human genome that is his distinct code. Most relevant are the following issues: creation of the appropriate legal grounds for therapeutical cloning of separate cells for the purpose of providing help to terminally ill patients; prohibition of reproductive of other illegal cloning; identification of boundaries of admissibility of using the data of genetic engineering in fighting crime. The article provides the analysis of the basic international legal acts and U normative acts that regulate the questions of personal and physical integrity of a human due to the use of new biomedical technologies, considering the increasing feasibility of intervening into human life. The author underlines the need for meticulous examination of the probable misuse of the achievements of scientific progress for the purpose of protection of human health, as well as indicates the promising directions of the expansion of cooperation between the European states in this field.
Zakharov E. - Functionality of the single market of scientific research services in EAEU and EU: comparative legal analysis pp. 28-34

DOI:
10.25136/2306-9899.2018.1.25794

Abstract: The process of transnational integration usually affects all spheres of social life. Expressing a desire to enter one or another integration institution, the state de facto undertakes obligations on establishment of such legal regime on its territory that is similar or the same as the legal regime of regulation of the adjacent branches of economic and social sphere in life of the other member-stated of the corresponding integration institution. The article is dedicated to the analysis of the international treaty framework of EAEU, legislation of EAEU member-states and EU legislation regarding the development pf the single marker of scientific research services, as well as barriers that impede the liberalization of services in the sector of scientific research works in EAEU. Based on the example of integration institution formed in the post-Soviet space – the Eurasian Economic Union in comparison with the European Union, are viewed the aspects of development and functionality of the service rendering market, namely services in the sector of the scientific research works. The article describes certain barriers that must be eliminated for the appropriate order of operation of the single market of scientific research services in EAEU, as well as the potential ways of solution based on the EU experience. The process of realization of plans on liberalization of services and creation of the single market of services in EAEU, must be implemented with compliance of the key principles of EAEU leaning on the best international practices, taking into account the political-economic specificities of EAEU and timely identification and elimination of the existing and potential barriers and gaps in regulation and functionality of such market.
Kasyanov R.A., Begicheva K.Y. - Impact of the new EU rules on activity of the professional parties of third-world countries: analysis of MiFID II and MiFIR pp. 35-42

DOI:
10.25136/2306-9899.2018.1.25866

Abstract: The law of the European Union always strongly affected the activity of corporations outside of the Union, and to a certain extent served as an example for the “third-world countries”, in other words, states that are not part of the EU. Currently, special relevance and importance acquires the regulation of the financial market. Result of the large-scale reform of the European Union in the area of finances, which was finally implemented in January of 2018, became the MiFID II “Markets in Financial Instruments Directive” and MiFIR “Markets in Financial Instruments Regulation”. The authors examine the indicated legal acts that generalize and complement the requirements specified for the corporations from the third-world countries. The article applies the dialectical and systemic methods of cognition, as well as the comparative and formal legal methods that allowed to meticulously analyze the law of Russian and EU in the area of regulation of the market of financial services. It is underlined that the European Union established certain norms for the corporation of the third-world countries that realize their activity in the EU or cooperate with the legal entities of the European Union. The commencement of MiFID II and MiFIR significantly matters for the professional parties registered outside of EU. At the same time, it is important whether or not the legal regime of the third-world country is recognized as equivalent to the EU acts.
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