DOI: 10.7256/2306-9899.2015.1.13392

Abstract: This article reviews the legal principles of the organization and activities of the Eurasian Economic Union, the key positions of the Agreement on the European Economic Area that regulate the issues of the foreign trade, macroeconomic, and currency policies, as well as the relations in the area of energy, taxation, intellectual property, and work migration. This work also examines the authorities of the European Economic Union, hierarchy of the normative legal sources that regulate the work of the Union depending on their legal power, as well as underlines the specifics of the structuring and functionality of the key directions of economic work in relation to the ratification of the member states of the Agreement on the European Economic Area. The most important aspects of implementations of dispositions of norms of the Agreement are being analyzed. The conclusions of this article can be useful to the law enforcement agencies, students, post-graduate students, and all persons interested in the questions of jurisprudence.  

DOI: 10.7256/2306-9899.2016.2.18986

Abstract: The rule of law principle is widely recognized as a public good, meanwhile its implementation faces substantial barriers. Authors explore such barriers with regard to the Eurasian Economic Union and among them outline the problem of Eurasian Economic Commission’s competence and effect of its legal instruments, the issues relating to legitimacy of EAEU system of bodies lacking people representation institutions, and lack of machinery of members states’ laws and regulation harmonization. Engaging comparative method and a method of systematic analysis, the authors suggest using the experience of the EU, particularly in providing better accountability of its institutions to national parliaments, and introducing legal instruments which will ensure harmonization of laws, as well as enhance transparency in the process of rule-making and law enforcement of the Union’s acts. Demonstrating the examples from financial and environment protection spheres, the authors conclude that public policy practice in every member state may be reconciled with best standards in the Union as well as with the best global standards by means of international agreements and decisions of Union’s bodies. It will substantially improve the quality of public governance in the member-states.

DOI: 10.25136/2644-5514.2017.3.23177

Abstract: This article is dedicated to the Economic and Monetary Union of West Africa (UEMOA), history of its establishment, functionality, institutional structure, normative acts, as well its impact upon the national law of the organization’s member-states. The author thoroughly reviews various levels of interaction in the context of this union. The presence in such sub-regional organization of the secondary law testifies to the high level of integration processes. The conducted analysis of the work of UEMOA gives grounds for claiming that this organization is one of the most “advanced” not only in Africa, but also worldwide. The examined integration organization has an extensive institutional structure that includes the Court of Justice, Accounts Chamber, Central Bank of West African States, West African Development Bank; also is established the West African Accounting System, in the context of which formed the Guild of Auditors and Chartered Accountants, National Council of Accounting, Accredited Centers of Administration, West African Council of Accountants, Permanent Council on the questions of accounting profession. Such well-structured institutional system indicates the high level of development of the integration processes within the framework of the Union.

DOI: 10.25136/2644-5514.2019.3.29918

Abstract: This article examines the key measures of the project of building the Capital Markets Union (CMU), introduced in form of legislative proposals of the European Commission in accordance with provision of the Strategy on building CMU of 2015 and Midterm Review of 2017. The European Union is determined to reform the current regulatory acts in the sphere of financial services and introduce a number of new ones for regulating the areas that have not previously been the subject of attention for a European legislator. The author reviews the relevant reforms of the European Union that touch upon the Prospectus Directive, activity of insurance and investment companies, and financial instruments market. The author concludes that the important project of CMU aimed at realization of one of the key freedoms of domestic market – freedom of capital flow, is yet to be completed. Due to the dynamic development of financial markets in the European Union, substantiated particularly by the advancement of modern technologies, the implementation of the project of CMU attains a long-term character.  

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.

DOI: 10.25136/2644-5514.2020.1.31494

Abstract: The subject of this research is the process of establishment of the regime of Single Services Market of the EAEU, taking into account the approved algorithms with regards to the plans for liberalization of services marker by separate sectors, as well as prescribed by the law of the Union mechanisms of maintaining such regime that would allow removing barriers and limitations impeding its functionality. The author particularly examines the removal of barriers pertaining to trade in services via realization of the pacta sunt servanda principle; direct and indirect application of law of the Union by the national courts; work of the Court of the Eurasian Economic Union; development and implementation of the specialized mechanism of removing barriers and limitations impeding functionality of the Single Services Market. The research result consists in systematization of mechanisms that might be used to ensure compliance with the regime of Single Services Market. The author formulates recommendations on concluding the international agreement within the framework of EAEU, focused on regulation of administrative cooperation of the competent agencies of the member-states in terms of separate sectors of services, as well as regulation of the work of special commission authorized to consider requests of the services market participants, and deliver the binding for EAEU member-states decisions.

DOI: 10.25136/2644-5514.2021.4.36846

Abstract: The subject of this research is the legal policy of the European Union against counterfeiting in the conditions of functioning of the Digital Single Market. The goal is to determine the content and patterns of development of this policy from the perspective of combining traditional and innovative measures and initiatives aimed at prevention of trafficking of counterfeit goods in the digital environment. Special attention is given to the analysis of the key factors of formation formation of this policy, taking into account the implementation of the Strategy of the Digital Single Market. The author analyzes the dynamics of application of the organizational-legal mechanisms for combating counterfeiting, and the multi-stakeholder approach that lies beneath them. Separate section of the article is dedicated to establishment of the principles of using voluntary measures on prevention and suppression of the trafficking of counterfeit goods in the digital environment. The conclusion is made that the theoretical provisions indicating that the EU anti-counterfeit policy is aimed the development of supranational block of legal instruments related to the sphere of intellectual property law and customs regulation, and represents a system of comprehensive actions, each of which is implemented depending on the thematic agenda reflecting the strategic intentions for action. The author’s special contribution lies in determination of the patterns of transition towards the regime of responsibility of online platforms that allow posting the offers of counterfeit products. The novelty of this article consists in demonstrating the effective combination of non-legislative and legislative measures used on the supranational level for protecting intellectual property in the conditions of the development of digital environment.

DOI: 10.25136/2644-5514.2022.1.37236

Abstract: The subject of this research is the legal and cognate framework strategic aspects of the Eurasian Development Bank (EDB) as the key regional financial and investment institution that lend support to integration projects in the industrial sector in the countries of operations on a priority basis. The goal of this research lies in the conceptually systematization of the framework strategic and legal grounds of the  activity of the Eurasian Development Bank as the mechanism for the development of cooperation between EAEU member-states in the sphere of technological modernization of the economy and manufacturing of high-tech and science-driven products based on the cooperation projects with integration component. The author analyzes the instruments that are part of law of the Bank and determine its engagement in the integration processes in the industrial, agricultural and energy spheres, which suggest technological modernization. The conclusion us made that the current project and related analytical work of the EDB is in line with the trends of operation of the multilateral development banks, as well as correlated the requirement for increasing global competitiveness of the EAEU. The novelty of this research consists in comprehensive examination of the system of legal instruments aimed at implementation and strengthening of the potential of the Eurasian Development Bank as one of the mechanisms of industrial and technological integration within the EAEU. The author’s main contribution consists in argumentation of the position that overcoming systemic problems that persist in the activity  of the EDB, with the support of the national governments and national institutions of development, as well as active cooperation with the Eurasian Economic Commission, would most positively affect the intensification of the processes of industrial and technological cooperation and turning the EAEU into one of the most influential integration associations in modern world.

DOI: 10.25136/2644-5514.2018.1.23727

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.

DOI: 10.25136/2644-5514.2019.3.30177

Abstract: The organizational-legal forms the EU financial sector regulation are of paramount importance for the successful development not only in the indicated sphere, but the integration overall. The financial market reforms in the European Union lingered for over a decade, and was conducted gradually in accordance with the Lamfalussy, and followed by Larosière proposals that, in turn, became a challenge for testing in crisis circumstances the flexible legal mechanism, which framework was established in the previous decades. This article also touches upon the pivotal aspects of decision-making process in this field. The research methodology contains the general and specific scientific methods of analysis, synthesis, comparison, systemic approach, and historical method. The author underlines that the legal regulation mechanism of the EU financial sector during the implementation of Lamfalissy Plan was characterized with inclination towards the national regulation, while the established structures were oriented towards the creation of the single market for financial services in favorable conditions. The global economic crisis enhanced the tendency to strengthening the supranational control over the financial sector. The reform of Jacques de Larosière, conducted in the crises circumstances, was aimed at enlarging the role of the bodies of the European Union of the second and third pillar. It is concluded that the legal regulation of EU market for financial services is undergoing improvements. The flexibility of the current legal mechanism allows to find new development vectors in the conditions of multispeed integration, as well as overcome negative consequences of crisis events caused by the external factors.

DOI: 10.25136/2644-5514.2020.1.31123

Abstract: This article examines whether the framework of judicial discretion or commensurable doctrines of judicial respects found access to jurisdiction in the area of human rights of the three subregional courts created in the context of regional economic communities: Court of the Economic Community of West African States; East African Community Court; and Tribunal of Southern African Development Community. The author also examines the relevance of the rights of depletion of internal means of legal protection as a separate manifestation of subsidiarity in their judicial practice. The author briefly describes the key institutional parameters for each court, the role of procedural subsidiarity in form of depletion of the norm on internal means of legal protection, as well we presence or absence of substantial subsidiarity through formulation of the limits of judicial discretion. The presence of subsidiarity in form of the limits of judicial discretion is an important condition for further work of the courts of subregional economic communities in Africa on protection of human rights, since the presence of “judicial respect” with regards to the decisions of national court and political-legal decisions of the participating countries is a key to recognition and likelihood of execution of rulings of the courts of subregional economic communities on the territory of participating countries of the corresponding communities.

DOI: 10.25136/2644-5514.2021.2.35734

Abstract: This article explores the legal framework of the foreign policy of the Republic of Azerbaijan in the post-Soviet space. This topic gains special relevance on the background of changes in the regional distribution of potentials after the Second Karabakh War. The subject of this research is the main agreements signed by Azerbaijan with the CIS countries in a bilateral format, as well as within the organization. Emphasis is placed on the normative legal documents that form the foundation of foreign policy relations in the military-political, economic, energy, and transport sectors as the highest priority for the country. Special attention is given to the analysis of legal institutionalization of Azerbaijan's foreign policy in the post-Soviet space in conjunction with the evolution of foreign policy concept of the country. The article employs general dialectical, logical, historical and formal-legal methods for determining the key trends and characteristics of the legal framework of Azerbaijan's foreign policy. The scientific novelty consists in periodization of the development of legal framework of Azerbaijan’s foreign policy: the first period was under the Presidency of Ayaz Mutalibov and Abulfaz Elchibey, the third covers the period from the autumn of 1993 to the late 1990s, and the fourth is since 2000. The first period marks sporadic nature of Azerbaijan's relations with the CIS countries. During the second period, the country joined multilateral institutions that emerged in the post-Soviet space. The third stage is characterized by transition towards the development of bilateral relations with the CIS countries, and shifting away from multilateral approach. It is worth noting, that this research is focused namely on examination of the legal framework Azerbaijan's foreign policy, rather than the generally accepted in the Russian scientific literature political-legal approach, which considers the normative documents in the context of political processes.

DOI: 10.7256/2306-9899.2016.1.15237

Abstract: The author in detail considers institutional aspect of anti-corruption policy of member-states of the European Union. The special attention is paid to the legal prerequisites of creation of special agencies on counteractions of corruption at the national levels. Among the specialized services on counteraction of corruption existing now in many member-states of the European Union, the author conditionally allocates bodies for the prevention of corruption and bodies for fight against corruption crimes. Activity of the last is considered on the example of Austria, Belgium, Great Britain, Italy, Ireland, Spain, Latvia, Netherlands, Poland, and France. The research of law enforcement and other agencies with regards to the fight against corruption in member-states of the European Union was carried out on the basis of the comparative and legal method which allowed studying the general and specific regularities of anti-corruption policy of the certain states of the considered integration association. Options of the organization of bodies for fight against corruption in certain EU member-states differ in a variety. In some countries went on the way of expansion of functional obligations of the existing law enforcement agencies. In others – specialized prosecutor's offices and special services on fight against corruption are created. In parliaments of a number of the countries constantly operating commissions authorized to exercise control, investigation and verification of the relevant data on corruption are formed. In the countries with traditionally high point of an index of perception of corruption and insignificant scale of corruption crimes specialized law-enforcement services on fight against corruption are absent.

DOI: 10.7256/2306-9899.2013.2.5106

Abstract: The article concerns legal aspects of international cooperation and the EU policy in the sphere of protection of soils from various types of pollution. The study of these issues at an international level requires analysis of the key normative acts regulating the legal relations in this sphere.  The policy of the EU is also being discussed from the legal regulation standpoint, bearing in mind its main goal, which is prevention of worsening of soils.  The author notes that the legislation on condition and use of soil is not sufficiently developed both at the international and national level. There is no unified document on all soil-related aspects.  The author studies key international legal documents, statistical data, results of NGO work.   The article concerns improvement of soil protection both at the regional level (in the EU) and on an international level. However, some legal acts of the EU  prove that some efforts towards soil protection have been taken, or, at least, these acts are more developed than in other states and regional associations.

DOI: 10.7256/2306-9899.2014.1.11600

Abstract: The article concerns participation of the Russian Federation in the international organizations.  The author states that currently no regional organization to which Russia is a party, shows real moves towards real integration, not to mention supranationality.  The Eurasian Economic Community has not became an economic integration organization. It is prevented by constant disagreements among its participants and lack of respect to law, including the decisions of the EurAsEC itself.  As for the Customs Union, its executive bodies are scrupulously watched by the Member States and they do not play a role of an independent functional body serving solely the interests of an international organization.  The Shanghai Cooperation Organization has the most freedom, the forms of interaction among the bodies are not defined, there is no formal co-subordination, so each of them  is a small independent body for the institutional cooperation.  The decisions in all of the SCO bodies are made based upon consensus.  It means that each of the decisions is by its nature an international treaty.  The similar procedure exists in Collective Security Treaty Organization. Real legal regulation exists in the World Trade Organization, and Russia being a participant of this organization, is bound by the clearly formulated norms and rules which are agreed upon by all other participants. Participation in the WTO may not be simple for Russia, since the complicated dispute resolution procedures shall require high qualification of lawyers serving the interests of Russia.

DOI: 10.7256/2306-9899.2014.4.13182

Abstract: The article contains analysis of the nature of international integration, and, more specifically, integration of states. The object of studies involves the definition of integration (in its general scientific sence), main categories of integration, phenomenon of international integration, and integration of states in particular, forms of state integration, definition of qualities and characteristic features of state, including sovereignty as a natural quality of the state, as well as the process of obtaining the quality and quantity characteristics of a state by an integrated association. The method and methodological basis for the analysis involve dialectics in combination with the international legal and state legal approaches. The methodological basis makes this study different from other works in this sphere.  Its application has allowed to draw a conclusion that integration is a dialectic process of transiation from the united parts to a single whole, appearing as a results of the leap, which may result in such a whole.  The application of this conclusion to the sphere of international relations (state integration) has allowed the author to draw the conclusion that integration of states is a process of transition of a certain combination of states into a single state as a hypothetical result of such a process, providing the said combination with the qualities and values similar to ones of the state. This definition corresponds to the definition of international integration in its narrow interpretation,  which, speaking more broadly, allows to understand integration as a form of cooperation of a certain group of states, within which the said states jointly achieve their goals in various spheres of cooperation, allowing to bring these states closer to each other. Both theoretical and practical value may be found in the issue of contents of the process of quality and quantity definition of the state by an integrated association, since it allows to reveal the aspects of improvement of the state integration.

DOI: 10.25136/2644-5514.2017.2.23091

Abstract: Indian-Ocean Rim Association: history of development, institutional framework, and spheres of activity This article examines the international sub-regional organization – Indian-Ocean Rim Association, its institutional structure, history of establishment, impact upon national legislation of the member-states, key directions of activity, and projects. Cooperation of countries within the framework of the Indian-Ocean Rim Association was originally initiated due the need for resolving certain of issues (food shortage; provision of security; financial, energy, and environmental resources), and at current stage does not cover the general issues of economic integration, but rather touches upon the sectoral regional cooperation (for example, protection of ocean resources, etc.) realizes in the context of specialized programs, as well as in form of direct cooperation between the separate member-states. Efficiency of the work is limited by the low budget of the organization, which mostly consists of investments of the third parties (countries of the European Union and other international or regional organizations). Peculiarity of this sub-regional organization lies in the fact that since the moment of establishments of the Indian-Ocean Rim Association, it has always worked with the system of the United Nations, but the traditional partnership has developed only in recent years, which results in the work of the Association with almost all specialized institutions of the United Nations.

DOI: 10.25136/2644-5514.2018.1.25777

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.

DOI: 10.7256/2306-9899.2014.2.10941

Abstract: Topical tendencies of development of law and legal systems at the current stage of development are globalization, integration, and regionalization.  In the opinion of the author they cause transformations in law-making and legal practice at various levels.  It influences activization of the integration processes in the national legal systems, their interaction, functioning of the international law system, novel legal categories - regional legal systems, including those of European scale. For the purpose of this article the author applies a number of scientific research methods, namely, comparative legal method, historic method, systemic, structural functional method, sociological method, forecasting method, etc.  Globalization is a multi-level process, a complex of social matters, which evolution and change in time, making local problems go global.  At the same time regionalization (regionalism) is defined as the process for the formation of regional international systems, institutions and instruments.  As a result of their interaction, one may note formation of regional international law systems, which may be more efficient than international law, since they hold a somewhat intermediary position, being closer to the human being as a basic social value, territorial and other social communities, traditions, customs, existing legal systems, as well as management procedures, control for material and financial resources, responsibility issues.

DOI: 10.7256/2306-9899.2016.1.17957

Abstract: The subject of this research is the problems of convergence of the legislations of the EU member-states in the area of indirect taxation. The object is the mechanisms and peculiarities of legal regulation of the indirect taxation as one of the backbones of integration, particularly the value-added tax (VAT) and excises. The pointed out mechanisms are being examined on the example of FRG legislation and within the EU legal boundaries – the supranational principles and normative positions, which should not be contradicted by the national acts of any country out of the EU member-states. The author comes to a conclusion that preservation of formulations of the European guidelines in implementation into the national law, by general rule, prevents the emergence of contradictions between the national and European act, but even the verbal translation does not guarantee a unified interpretation and application of the newly introduced positions among the member-states. The emerging issues are being solved by means of thorough examination of the lexical essence of the words in different languages and introducing, if necessary, the additional definitions that function in the area of implementation of the positions of the European acts. In some cases the only possible source for legal regulation is the explanation of the EU Court of Justice.

DOI: 10.25136/2644-5514.2021.1.35273

Abstract: The subject of this research is the effect of international legal representations of good faith reflected in the EU law upon English contract law pertaining to apparent borrowing and interpretation of this doctrine during Britain’s membership of the European Union. The author reviews the content of representations of good faith in English contract law, as well as probable changes of these views under the influence of EU law. The author determines the similarities and differences in interpretation of this concept in English common law during Britain’s membership of the European Union. A number of European directives that regulate international public relations and international private relations in the European Union contain the requirement of fair business practice and compliance with the requirements of good faith. Although, these acts had supremacy over British national legislation, which left a mark on English legal doctrine. The main conclusions consist in the establishment of versatile nature of the international legal concept of good faith of the EU law and the effect of representations of this concept upon the views of British legal experts in the field of English contract law. The article presents the contrary viewpoints on the content of requirements of good faith in the EU law and their perception by English contract law on the practical and doctrinal levels. The author also reveals certain common features and fundamental differences in interpretation of good faith in the EU law based on the EU normative acts and decisions of the European Court of Justice, as well as in the British landmark decisions and normative acts that regulate contractual relations in England and Wales.

DOI: 10.25136/2644-5514.2019.3.30390

Abstract: The subject of this research is the unification of EU legislation with regards to protection of geographical indications and designation of origin of products due to increasing economic importance of these objects of intellectual property. Special attention is given to the analysis of basic policy of the Regulation of the European Parliament and the Council of the European Union of November 21, 2012 No. ¹ 1151/2012 “On quality schemes for agricultural products and foodstuffs”, as well as to examination of the initiatives on further harmonization of legal regulation at the EU level. The author applies the comparative law method for contrasting the legal framework of EU and EAEU. The scientific novelty is defined by the fact that legal protection of geographical indications and designation of origin of products in the European Union is viewed from the perspective of establishment of the Digital Single Market and advancement of electronic trading platform. The comparison of these intellectual property objects with trademarks allowed determining not only the significance of protecting economic interests, but also public interests. The author concludes that at the regional level the European Union has created the legal framework for effective protection of geographical origin of the agricultural and food products in terms of the intellectual property institutions. The author suggests amending the regional system with the new legal tools concerning the protection of geographical indications with regards to industrial goods.

DOI: 10.25136/2644-5514.2018.1.25794

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.

DOI: 10.25136/2644-5514.2019.1.29199

Abstract: The subject of this research is the peculiarities of normative regulation of genetically modified organism within the European legal framework. According to the World Health Organization, genetically modified organism (GMO) are considered those, which genetic material underwent substantial changes obtained by artificial means. Such types of changes do not occur naturally, for example, as a result of mating or natural recombination. The ethical framework concept, which serves as the foundation of normative regulation of GMO in the European legal space, for a great while was associated with promulgation of the fundamental principle of precaution; as well with the new attitude towards innovation activity – the culture of precaution, established in the European cultural space. In the course of this research, the author applied the comparative legal method with attraction of a number of sourced of the European law and international law, which allowed giving a sense of ethnical-axiological components that underlies the regulation of GMO. The influence of the principle of precaution upon the formation of modern policy in the area of regulation of genetically modified organisms is presented. A conclusion is made about the paradigm shift due to transition from the policy of precaution, aimed at constraint of the potential risks of scientific and technical development, towards the implementation of innovation principle, which goal is the advancement of innovations.

DOI: 10.25136/2644-5514.2021.4.37248

Abstract: The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

DOI: 10.7256/2306-9899.2014.2.11628

Abstract: The article concerns the concept of priority of the domestic policy of the EU over the foreign policy. It is stated that there is a tendency for widening the scope of the relevant competence of the EU institutions, however, there are still many unclairities in the normative basis. The author studies a number of decisions of the European Union Court of Justice, which has developed the so-called "external accompaniment", which means that when community law transfers to the institutions the competence for achievement of certain goals, the Community is competent to uptake international obligations, even if it does not have directly provided legal competence for it. The author evaluates various approaches of the European Union Court of Justice, including broad and narrow interpretations of the external competence of the European Union. The author also expresses a hypothesis that the concept of external accompaniment may be used for the opposite needs: legal substantiation of the foreign political competence may serve as a reason for the domestic obligation.

DOI: 10.25136/2644-5514.2019.2.29793

Abstract: This article explores the problems of terminological and organizational character, detected in the course of analysis of the three basic model law of the Commonwealth of Independent States (“On the State Border”, “On Border Security”, and “On Border Agencies”). Particular attention is given to proposals on the improvement of norms on regulation (elimination) of crisis situations at the outer borders of the Commonwealth, as they have not previously found reflection on the scientific or lawmaking initiatives, despite the dynamic change of situation in the border territory. Methodology contains the combination of general scientific methods, such as systemic analysis, generalization of scientific concepts and normative material. The main conclusions lies in proposals on the improvement of model legislation in the area of ensuring security in the border territory, expresses in clarification of the concept “crisis situations” and its demarcation from the related concepts. Crisis situations should become one of the types of legal regime, and the heads of the states receive the direct consolidation of authorities on responding to ongoing changes at the external borders of the Commonwealth, which require the application of collective forces of the CIS member-states.

DOI: 10.25136/2644-5514.2018.1.25866

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.

DOI: 10.7256/2306-9899.2013.3.402

Abstract: The article is devoted to the detailed analysis of the policy of the European Union in the sphere of forest protection. The author analyzes the key administration mechanisms and legislative acts of the EU Member States in this sphere.  She includes typology of forests in accordance with the normative legal acts of some European states, as well as analysis of their role in environmental and climatic balance in Europe. The author also analyzes seven information levels regarding forest resources, which exist in the European Union.  

DOI: 10.7256/2306-9899.2014.1.11637

Abstract: The author bases his studies upon the position that current public conscience includes a contradiction between the recognition of the need for the integration processes and institutionalization of such processes in international organization on one hand, and the worries for the lack of democracy in such organizations on the other hand.  The author wonders whether representative democracy is a suitable model for international structures, and if not, how democratic states may exist in a non-democratic world.  If integration cannot go along with democracy, should the further movement towards integration take place? Author points out the direct dependency between the integration level in an international organization and the possibilities to support democratic tendencies in its organization and activities.  It can clearly be seen, if one is to take the World Health Organization as an example, the main decisions are made at the levels of global and regional bureaucracy, and the organization becomes non-transparent for the global public opinion and impenetrable for the influence of non-governmental organizations.

DOI: 10.25136/2644-5514.2019.2.29830

Abstract: This article examines the separate aspects of educational policy of the European Union with the post-Soviet states. Attention is focused on the positive experience of cooperation between EU and Russian Federation in the indicated humanitarian sphere. The author underlines the political-legal factors that determine the EU commitment to such close international regional cooperation. The effectiveness of international contractual basis in the area of education is analyzed. The goal of research lies in comprehensive assessment of relationship between EU and post-Soviet states in the area of education as of current date. Methodology contains the elements of descriptive analysis, combined with the use of case study. The research is conducted on the basis of the program Erasmus+. The author comes to the conclusion that overall the cooperation carries a limited character; however, it retains great potential for development due to popularization of the experience of separate universities. The author also observes the significant dynamics on a number of indexes with regards to collaboration between the parties.

DOI: 10.25136/2644-5514.2018.3.27386

Abstract: The establishment of the single services market within the framework of integration institution anticipates the introduction of changes to the relationship between its member-states. Interaction of the EAEU member-states in terms of functioning of the single services market of research and development sector cannot be productive without the unified scientific infrastructure. Functioning of the single services market of EAEU research and development sector will inevitably lead to the need for changes in acting legislation, adoption of the corresponding national and transnational normative legal acts. The article is dedicated to examination of the legal framework of EAEU member-states regarding the enshrinement of the positions on the establishment of scientific infrastructure within the framework of formation of the single services market of research and development sector; the examples of regulation of the single market in terms of EU are provided. In the course of this work, the author determined that currently the scientific infrastructure of the EAEU member-states is fragmented; its separate structural elements are regulated differently in the EAEU member-states; there are discrepancies in the approaches of EAEU member-states towards reforming and development of the scientific-technical potential. The main conclusion lies in the relevancy for systematization of separate elements of the system that comprise the scientific infrastructure into a single block for the more efficient performance.

DOI: 10.25136/2644-5514.2020.3.33368

Abstract: This research is dedicated to the prospects for consolidation of the Ukrainians as a civil nation based on such resource as the European Integration. The author describes the theoretical aspects of national and state identity. Methodology leans on the parallel use of descriptive, comparative, and structural forms of analysis. The conclusion is made that European Integration currently manifests as one of the potential steps, which would allow eliminating the “retrospective orientation” of national and state identity of the Ukrainians, regulating the existing memorial conflicts, and forming a positive image of the future by alleviation of tension in the relations between the representatives of different ethnoses, regions and political orientations. Deepening of European Integration would contribute to not only consolidation of the European citizens as a nation, but also improve relationships of the official Kiev with the neighboring countries. Attention is focused on the analysis of attractiveness of European Integration for the Ukrainian citizens. A thought is advanced that one of the ways for enhancing integration processes with regards to Ukraine and the European Union is the creation of effective institutional mediation instruments on the national level. The author discusses the role of propaganda upon Ukrainian population against enhancement of the processes of European Integration. The article analyzes public opinion on political and socioeconomic policy of modern Ukraine.

DOI: 10.7256/2306-9899.2013.3.9061

Abstract: The article deals with questions of creation and development of the Union State – Russia – Belorus. Special attention is paid to problems of protection of social and labour rights of citizens of two countries. The author analyses the existing agreements and laws in this field as well as legal practice, reveals shortcomings in the system of social protection of labour migrants and points ways to overcome them. The role of the Union State in the integration processes on the post-Soviet territory is depicted

DOI: 10.25136/2644-5514.2022.3.38850

EDN: RIKRRX

Abstract: The historical development of the practice of applying restrictive measures (sanctions) has led to a transition from the idea of their application against States to the concept of their application against individual private law entities. The article examines the historical practice of applying sanctions against Russia and the prerequisites for their application against private law entities. The author gives a general description of the restrictive measures of the European Union used against third States and individuals. In addition, the article examines the specifics of the restrictive measures of the European Union that have been in force against Russia since 2014, taking into account their significant expansion that occurred after February 24, 2022. The legal regulation of the European Union, which establishes restrictive measures against the Russian Federation, was significantly expanded and revised after the announcement by the President of Russia about the beginning of a special military operation in Ukraine. As a result of the analysis of this regulation, the author comes to the conclusion that at the moment there is a hybrid sanctions regime in the European Union, when targeted sanctions against individuals are combined with comprehensive restrictive measures against a number of sectors of the Russian economy. The article also assesses the compliance of restrictive measures of the European Union with modern concepts of "smart" and "targeted" sanctions, which, according to the supporters, should reduce the negative humanitarian consequences of the use of restrictive measures. Despite the official statements of the European Union, the article presents arguments that allow us to conclude that in practice such "smart" and "targeted" sanctions are accompanied by indiscriminate comprehensive restrictions that apply not only to sanctioned persons, but also, in principle, to any Russian persons.

DOI: 10.25136/2644-5514.2023.2.40715

EDN: ZGEDJX

Abstract: In the modern financial capitalism the growing number of private and public goods tend to become a profit-making commodity, i.e. financial asset («financialization» & «commodification»). The latters do not leave aside the judicial protection of the rights and legitimate interests of citizens and legal entities. Nowadays, judicial and arbitration litigations represent abroad one of the most attractive areas of investment for potential investors. Judicial investment (third-party litigation funding) is also developing in Russia. The article examines the current state and prospects of legal regulation of judicial investment in the context of regional economic integration on the example of the proposal of the European Union (EU) Directive on the regulation of third-party litigation funding drafted by the European Parliament at the end of 2022 for the European Single Market. The research is based on historical and comparative legal methods in conjunction with other relevant scientific methods and an interdisciplinary approach. For the first time in Russian jurisprudence the article presents the appraisal of the prospects of legal regulation of judicial investment within the framework of regional integration organizations with common (single) market of goods, workforce, services, and capital. It is proposed to consider establishing standards for judicial investment at the level of the Eurasian Economic Union (EAEU), starting with third-party litigation funding of business disputes in common arbitration institute («EAEU international arbitration tribunal»), the creation of which is being discussed by the EAEU Member States and legal community.

DOI: 10.25136/2644-5514.2022.1.37674

Abstract: Within the framework of this article, an attempt is made to identify the most relevant trends in the field of improving supranational legal regulation of digital relations at the EU level. This has become the main goal of this study. To achieve this goal, relevant legal initiatives are analyzed in three main areas: within the framework of improving EU law in the field of cybersecurity and personal data protection; within the framework of the development of supranational regulation of digital (cloud) infrastructure; as well as within the framework of the formation of the legal framework for the creation of a single EU digital market. The object of the study was the social relations developing in the digital sphere at the supranational level within the framework of the European Union. The subject was proposals and initiatives to improve the supranational legal framework for regulating such public relations in modern conditions.    The scientific novelty of the study is that it is an attempt to comprehensively analyze the most relevant EU initiatives to improve the supranational legal framework for regulating public relations in the digital environment. In the Russian literature, the relevant processes have not yet been studied to the proper extent. Based on the results of the analysis, the conclusion is formulated that the current directions of improving the supranational legal regulation of the single digital space of the EU are represented by three main directions: 1) improvement of supranational regulation of the unified digital environment in terms of ensuring cybersecurity and personal data protection; 2) development of supranational legal foundations of a unified digital (cloud) infrastructure; 3) creation of supranational legal foundations of a single digital market.

DOI: 10.7256/2306-9899.2015.4.15262

Abstract: This article presents the detailed review of the institutional aspect of witness protection in member-states of the European Union. The special attention is given to the legal prerequisites of the organization of witness protection programs at the national levels. The work of national programs is considered on the examples of Austria, Germany, Italy, France, and Great Britain. In the structural sense, the witness protection program is conditionally divided by the author into two components: governing body (body of protection) and implementing agency (division of protection). Certain specifics in selection of witnesses for participation in the program and filing of application on inclusion in the program are noted. Options of interstate cooperation on witness protection and the coordinating role of Europol in this sphere are considered. Research of law enforcement and other agencies on protection of witnesses in the European Union member-states was carried out on the basis of the comparative and legal method, which allowed to study the general and specific regularities of the organization of appropriate programs in the certain states of the considered integration association. Scientific novelty of this research consists in author’s formulation of the key differences in the European approach towards understanding of witness protection program. The latter are perceived as a unique instrument for ensuring the safety of witnesses and support to criminal justice system as a whole. The author determines the perspective vectors of further development for the considered area of law-enforcement activity.

DOI: 10.7256/2306-9899.2013.1.592

Abstract: The main goal of this article is to single out specific features and tendencies of development of legal regulation in the sphere of professional qualification recognition in provision of services  in the European Union. Since recognition of professional qualification and qualification documents is one of the key forms of mutual recognition, the author discusses the issue of contents of mutual recognition institution.  Attention is paid to the existence of various doctrinal approaches to classification of mutual recognition. Based upon analysis of the EU secondary law and the practice of the Court of Justice of the European Union, the author evaluates the formation of the mechanism for regulation of the professional qualification recognition.  The article contains general characteristics of various attempts to harmonize the legislations of the EU Member States in the sphere of professional qualifications based upon the sectoral approach, minimum education standards and general system of mutual recognition, and their negative features.  Much attention is paid to the Directive 2005/36 on recognition of professional qualification from the standpoint of provision of services.

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.  

DOI: 10.7256/2306-9899.2015.2.14676

Abstract: This article analyzes the African Regional Intellectual Property Organization; created by English-speaking countries of Africa, it is considered the institutional framework; the story of its creation; the functioning of its institutions; and the impact of its activities on the national legislation of the Member States. The author concludes that the organization remains poorly integrated regional structure. Nevertheless, it should be noted that in its order can still identify a number of elements supranationality. For example, there is an institute, which has the right to issue patents in force in the territory of all Member States, as well as a body whose functions are quasi-judicial (Arbitration Chamber and the Office of ARIPO). Moreover, this part there is a general patent law. Of particular note is the task of harmonization and coordination of laws and the activities of the participating countries in the field of protection of industrial property.African Regional Intellectual Property Organization is a narrow profiled organization, since it applies only to the activities of intellectual property rights, and not the integration process in general, which are often related to, if not all, then most spheres of human life, society and the state. Action decisions of this organization may be suspended under the rule of law one of the Member States' national authorities of the State concerned.

DOI: 10.7256/2306-9899.2015.3.15150

Abstract: The subject of this research is the actively growing regime of regulation of relations between representatives of interests (lobbyists) and institutions of the European Union. A special attention is given to the novelties of the agreement between European Parliament and European Commission signed on April 15, 2014 on Transparency Register of organizations and self-employed individuals involved in development and realization of EU policy. The author highlights the problems faced by the European legislator in an attempt to regulate lobbying through the system of voluntary registration, as well as obstacles standing in the way of creating a mandatory registry based on the US model. The main conclusion of this research is detection of the problem in the legal foundation of creating an EU system of mandatory lobbyist registration, which consists in the lack of clear authority of the EU institutions to impose corresponding responsibilities upon private parties and organizations that are not part of the “European administration”. Due to this fact the author proposes several versions of solution to this problem, including use of the “doctrine of implied authority”.

DOI: 10.7256/2306-9899.2013.4.10072

Abstract: The author studies the sources of European law in their relation with the environmental law. The author provides detailed analysis of various acts of the EU bodies: primary law (founding treaties), unwritten primary law; directives and recommendations, environmental and political action plans. The acts are analyzed based on their nature, sphere of application and subjects. The author provides specific examples of various acts of European environmental law. In particular, the author considers that environmental political action plans are sources of European environmental law is spite of their non-normative nature. It is due to the fact that environmental political action plans provide for goals and priorities of environmental policy, include general descriptions of measures for a certain time span, they establish global connections and development tendencies, provide orientations, serve as prerequisites and preparation measures for the legislative measures at the Community level and specify them. Finally, the author makes a conclusion that forms of normative legal acts may be regarded as sufficient and efficient elements of law-making. However, their application in environmental law (and other branches of law) is mediated via many factors, and first of all via the environmental policy of the EU.