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Question at hand
Sazonova K.L. - International law and Ukrainian conflict: what was, what will be, and what the heart shall find its rest in. pp. 1-15


Abstract: The Ukrainian crisis has been the subject of much discussion in the latest months. A large amount of information is provided, and the special attention is paid to the international legal aspects of the situation. At the same times, the references to the international law are being rather frivolous and they lack clear substantiation.  Such references with rather relative understanding of the situation serve as grounds for speculations with international legal categories and terms. It seems necessary to clarify international stereotypes regarding international legal aspects of the Ukrainian events, which have formed in the latest months in the information zones both in Russia and abroad. The article uses materials and comments of both Russian and foreign international law scholars and politicians regarding the Ukrainian conflict within the framework of international law.  The article may be divided into two relative parts. Firstly, the author generalizes the most popular techniques for the speculations with the term "international law" in the information sphere in the latest months. Then, the article provides legal evaluation of the six most popular international law theses regarding Ukraine and Crimea situation.  Additionally, the author discusses the possible influence of the Ukrainian events on the further development of international law. 
Abashidze A.Kh. - Current problems and paradoxes in the interstate relations and role of international law in their solution pp. 1-16


Abstract: The characteristic feature of the current stage of development of humanity is globalization, which affects all spheres of human life. Scientists are talking about the impact of globalization upon the sovereignty of states and, therefore, the revision of such legal categories as lawfulness, legitimacy and constitutionalism. There is also noticed discrepancy in understanding of the essence of globalization and its consequences, both positive and negative, for international relations. The international community, represented by its global control organizations cannot find the ways and means for overcoming the issues of global nature. The article explores the scope of contemporary problems in interstate relations and the importance of international law in their solution. The United Nations proved its capability to be a center for agreeing the actions of sovereign states, as well as manifest as a universal instrument of collective security. It has no alternative under the circumstances when the key role in resolution of various issues of international relations is assigned to the sovereign states. Thus, there is drawn unambiguous conclusion: the UN member-states must demonstrate the political will in order to “transform” the United Nations into a more efficient organization that meets the demands of current development in the context of the increasingly intertwined world.
Sagdeeva L.V. - Compulsory license as the limitation on exclusive rights pp. 17-30


Abstract: All subjective civil rights are susceptible to limitations, especially it is relevant for the institution of “intellectual property”, in which the desire to ensure compromise between the interests of an author (rights holder) and the interests of society, engaged in free access to the results of intellectual work for the purpose of  cultural and technological development, is manifested most vividly. One of the results of balancing the interests within the intellectual property law, have become the constant expansion of various restrictions and limitations, primarily of the property rights of the authors (rights holders). This article discusses the questions of restrictions of the subjective civil rights applicable to exclusive right on the example of issuing a compulsory license. The author reviews the acting legislation of the Russian Federation and foreign countries. The following conclusions were made: all subjective civil rights are susceptible to limitations, which is especially topical for the institution of “intellectual property”; restrictions and limitations of right (free use, exhaustion, compulsory license, and rights of “prior and posterior” use) must be proven and cannot be subjected to extensive interpretation. A national patent law system concerning the granting of compulsory licenses is determined with reference to various objects of exclusive rights. The issue of compulsory licenses is possible in respect to the interests of private entities and public formations, including the purposes of healthcare and health protection that is particularly relevant for the developing countries. The compulsory license in the Institution of Intellectual property has similarities with the servitude as limitation of property rights, and is considered by the author as the limitation, rather than restriction of exclusive right.
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