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MAIN PAGE > Journal "International Law" > Contents of Issue № 04/2019
Contents of Issue № 04/2019
Integrational law and supernational associations
Shugurov M.V. - Modernization paradigm of EU copyright law in the context of digital economy pp. 1-26

DOI:
10.25136/2644-5514.2019.4.30788

Abstract: The subject of this research is the conceptual grounds of modernization of the EU copyright in the conditions of digitalization of the economy that specify logics of the ongoing reforms in this sphere. The author elaborates on the characteristics of the overall state of misbalance of EU copyright law, as well as the analysis of its technogenic causes. Special attention is turned to the involvedness of reformatory efforts on adaptation of copyrights and related rights into a broader context of the policy of formation of the Digital Single Market within the framework of EU digital agenda. The main conclusion of this research lies in the thesis that the modernization paradigm of EU copyright law represents a synthesis of fundamental approaches, goals and values. Firstly, it suggests finding balance between the protection of rights and interests of the right holders on one hand, and simplifying the user access to the protected content in cross-boundary aspect on the other. Secondly, it vectors towards harmonization of economic growth and cultural development. Thirdly, the modernization of copyright law from the strategic perspective is viewed as a method of defusing social tension between the various groups of interests. The scientific novelty of this work consists in substation of possibilities of the transition of information society to a whole new level based on digitalization of the copyright law.
International law and national law
Shinkaretskaya G.G., Rednikova T.V. - The impact of international organizations with regards to human genome studies upon the legislative development of foreign countries pp. 27-34

DOI:
10.25136/2644-5514.2019.4.30942

Abstract: The subject of this research is the norms of international law regulating the questions of study and modification of human genome, as well as their impact upon the development of national legislation of various countries. The authors analyze the law enforcement practice of the European Court on Human Rights, which arrived at certain decisions considering the provisions of international legal acts in the area of genome research, particularly the Oviedo Convention. The article describes the existing in international community approaches to legal regulation of reproductive human cloning and its potential transformations. Based on the conducted comparative analysis of legal approaches to regulation of genome research on the international level along with their impact upon the formation of national legislation in this field, the authors come to the following conclusions: the international legal acts steer the government towards the formation of legal policy in the area of genome research, and creation of the national normative acts that on one hand do not unduly impede the further advancement of the scientific progress, and on the other would resolve the attendant problems of ethical, legal and social character, as well as adhere to human rights. It is recommended to continue formulating the legal and ethical questions in the field of genome research on the international level, comprehensively assessing the risks and variety of the existing problems.
Skobina E.A., Rozhkova N.A. - Correlation of international and national legal regulation in the process of extradition of foreign citizens from the territory of the Russian Federation pp. 35-49

DOI:
10.25136/2644-5514.2019.4.31455

Abstract: This article explores the peculiarities of legal technique in application of the norms of international law using the example of the analysis of court decisions, lawfulness and validity of decisions of the Prosecutor’s Office on extradition of a foreign citizen from the territory of the Russian Federation. The subject of this research is the norms of international and Russian law aimed at implementation of provisions on extradition of foreign citizen who have committed offences and hiding out in the Russian Federation; court decisions on the foreigners’ appeal against the action of the Prosecutor’s Office regarding the application of extradition law. The goal of this work lies in determination of trends in the process of extradition of foreign citizens. For revealing the legal technique approaches towards delivering decisions on extradition, the authors analyze the text of court decisions of the various authorities, delivered by the Supreme Court of the Russian Federation and general jurisdiction courts over the period from 2014 to 2018. The field of application of research results is the international law and criminal procedure law of the Russian Federation related to the questions of extradition. The scientific novelty consists is summarizing the case law of the Russian Federation for the past five years in the area of international cooperation on the questions of extradition and fulfilling international obligations of the Russian Federation, as well as the international standards in the sphere of protection of personal rights and freedoms. It is proven that the application of the norms of international law in resolving cases on extradition of foreign citizens from the territory of the Russian Federation ensure diligent fulfillment of international agreements of the Russian Federation containing its responsibilities in the sphere of extradition.
Question at hand
Fomina L.Y. - International standards of personal data protection in the conditions of information society pp. 50-59

DOI:
10.25136/2644-5514.2019.4.31828

Abstract: This article is dedicated to the international standards of personal data protection in the conditions of information society. The author examines the international regulation on the questions of personal data protection, as well as the separate aspects of its implementation in the Russian law; analyzes the concept of personal data in accordance with the existing international act and documents in this sphere. The study also considers the key requirements that must be complied with in processing of personal data based on the existing international acts and documents, as well as responsibilities of the state aimed at ensuring their compliance. The rights and responsibilities of the subjects of legal relations emerging due to personal data protection are revealed. The author underlines the possibility of applicability of international norm protecting the private sphere to the protection of personal data, as well as distribution of the norms and recommendations onto the states that are not their members, along with citizens and organizations of such countries. The conclusion is made on the broad understanding of personal data in accordance with the existing international norms, primarily the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, signed in 1981; need for demarcation of the pseudo-minimized and anonymous data; compliance with the minimum general requirements to the processing of personal data, and behavior of the subjects of such legal relations.
Development of separate branches of international public law
Lozhkovoi P.N. - Challenges of improving legal regime of remote probing of Earth from space pp. 60-68

DOI:
10.25136/2644-5514.2019.4.31163

Abstract: Remote probing of Earth from space is rapidly developing. This field has a range of problems hindering the efficient implementation of such type of space activity. The absence of an interstate special normative act leads to the fact that the relations between the producers and users of data, obtained in the process of probing, are most often regulated by private companies. Some customs of such regulations currently form in the United States and the European Union. However, the number of global space powers is growing and requires due legal unification. The article provides recommendation, namely with regards to legal regulation of compensation for damage in case of conducting remote probing. The author underlines the relevance for elaboration of legal norms regulating access and usage of data acquired in the course of probing. The article also covers the questions of commercial use of information obtained as a result of space activity.
Kitsmarishvili D.E. - The concept, subject and role of international debt law within the system of international economic law pp. 69-80

DOI:
10.25136/2644-5514.2019.4.31355

Abstract: This article analyzes the concept, subject and role of international debt law (IDL) within the system of international economic law; examines the specificity of the subject of IDL; classifies legal relations falling under the subject of international debt law; lists special regulatory principles of the international debt legal relations. The author also examines the question of interrelation between IDL and international credit law, international; budget law, law on international economic aid, and developmental law. In conclusion, the author formulates the definition of IDL, which implies the set of international legal principles regulating the relations: with regards to defaulted (overdue) sovereign debt; debt restructuring (discharge); financial control over fulfilling debt obligations of the countries; debt succession and redemption (including resolution of debt disputes): as well as with regards to anti-crisis “debt” relief. The international debt law is viewed as an institution of one of the sub-branches of international economic law – the international financial law. As an independent institution, the international financial law closely interacts with the international budget law, law on international economic aid, as well as international developmental law.
Integrational law and supernational associations
Zakharov E. - Potential application of the experience of creation and functionality of the European platform of scientific cooperation within the framework of establishment of the EAEU single services market in the field of scientific research pp. 81-94

DOI:
10.25136/2644-5514.2019.4.30988

Abstract:  The subject of this research is the legal framework of the EAEU member-states with regards to legislation on science, and the Treaty on the Eurasian Economic Union for incorporation of single, within EAEU, platform of scientific cooperation for successful functioning of the uniform scientific infrastructure in the context of establishment of the EAEU single services market in the field of scientific research.  The EU legislation on the matter is analyzed. Based on the research results, the author draws the conclusion that at the present stage the creation of the single supranational platform of scientific cooperation in EAEU depends on elimination of certain discrepancies in legislation of the EAEU member-states, and experience of the European Union on establishment of the single platform of scientific cooperation may be applied by the EAEU member-states considering the existing legal framework in form of the Treaty of the Eurasian Economic Union.  
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