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International law and national law
Babin B.V. - International Legal Grounds for Access to Justice for Indigenous Peoples in Crimea pp. 1-31

DOI:
10.7256/2306-9899.2014.3.12550

Abstract: Article researches the situation, connected with providing the access to justice for indigenous peoples that have the historic native land in the Crimea. Politic and legal processes that let this problem to become actual in conditions of interstate conflict are watched at. Legal and organizational mechanisms of realizing the individual and collective rights of indigenous peoples in Crimea are determined at. The positions of interested states are compared at, grounds of international organizations’ and global structures’ approaches are lighted in. Components of right of indigenous peoples on justice are detailed; their realization for indigenous peoples of Crimea becomes too actual now. Author uses the formal legal, comparative and hermeneutic approaches for analysis the normative basis in a complex; political science, sociologic and statistic methods are used also. Problem of access for indigenous peoples to justice in conditions of the interstate conflict in researched in a world practice in first time. Author develops the propositions addressed to UN connecting to the providing of the right of indigenous peoples to justice in the Crimea. He proved the duty of the international monitoring of those processes. Role of the UN Declaration on the Rights of Indigenous Peoples is determined; the duty for both states to implement it for providing access to justice in Crimea is proved at. Materials of article were used by author in his report to the UN Expert Mechanisms on the Rights of Indigenous Peoples on its 7th session, 2014.
Komarov A.A. - On criminal jurisdiction of Russia in the Internet applicable to acts according to the Article 159.6 of the Criminal Code of the Russian Federation pp. 1-10

DOI:
10.7256/2306-9899.2016.4.18002

Abstract: The subject of this research is the principles of  the function of Russian national law and foreign countries, as well as the issues that emerge in resolution of collision of jurisdictions of two states with various legal systems. The global Internet is viewed as the peculiar field of function of the legal norms, which introduces its specificity intro the problem of demarcation of the criminal justice of several countries. Due to this fact, this article analyzes various approaches towards the determination of the limits of action of the criminal jurisdiction of Russia in the global Internet. For solution of the set tasks, the author used the comparative-legal method, initially applying the grouping based on the affiliation to various legal systems of the world, as well as the method of analogy for transferring the effective methods of legal regulation from the private international law into the public (criminal) law. The main conclusion of this research consists in the concept of combination of principles on demarcation of the criminal jurisdiction of several state, which is based on separate principles of the function of the private international law, used for resolution of the commercial disputes in the Internet. The author is first to test practically all of the known principles of the private law applicable to fraud, committed through Internet, which allowed efficiently solving the task at hand.
Khusyainov T.M. - The specifics of implementation of the norms of the “Framework Agreement on Telework” into the labor law of Belgium pp. 9-18

DOI:
10.7256/2306-9899.2015.1.13596

Abstract: This work reviews the process of implementation of the norms of the “Framework Agreement on Telework” and the forming of national labor legislation of Belgium in the field of legal regulation of Internet-based work. Despite the rapidly growing interest towards the new forms and types of work including those that are based on the Internet technologies, the progress of the labor legislation, specifically the norms of labor law in the area of regulation of the Internet-based work in Belgium, is very insignificant at this stage and requires a lot more attention from the researches. This work defines the particular aspects and current stage of implementation of the “Framework Agreement on Telework” into the national labor law of Belgium in comparison to the other countries of the European Union. It underlines the substantial role played by the Supranational Law in the forming of Belgian legislation in the area of regulation of the Internet-based work.
Goryan E.V. - Struggle against violence toward women in Russia: adherence to international standards or appeal to cultural traditions? pp. 11-26

DOI:
10.7256/2306-9899.2016.4.18682

Abstract: The author examines the causes of inefficiency of the national mechanisms of protection of human rights, particularly regarding the struggle against violence towards women. The article gives characteristic to the change in the concept of women’s rights over the last two centuries within the legal science and legislation of Russia. Special attention is given to Russia’s obligations in this area, namely pertaining to taking steps towards changes in social and cultural models of men and women behavior in order to achieve elimination of prejudices and abolition of customs and other practices, which are based on the idea of inadequacy and supremacy of one of the genders or stereotypes about their roles.  The low level of legal culture in Russia along with the insufficient secularization of legal relations is one of the reasons of inadequacy of protection of human rights. The existing, institutionally formed mechanisms of protection of human rights are inactive due to the absence of will of authorized officials, through which the legal consciousness is being expressed. As a result, even the ratified by the Russian Federation international agreements are unobservant due to the human factor, because the law enforcement agencies place the subjectively perceived by them traditions, religious or cultural norms over the norms of law sanctioned by the state. Russia’s trend not to comply with the formulated by international community standards in the area of human rights due the cultural traditions testifies to the potential possibility of the country to never reach the proclaimed in the Main Law high ideals – become a true democratic and legal state.
Vinogradova P.A. - The principles and norms of international law as the basis of jurisdiction of the Russian judicial authorities pp. 14-25

DOI:
10.7256/2306-9899.2016.2.18860

Abstract: The subject of this research is the questions of jurisdiction of disputes to the judicial authorities of the Russian Federation. The main goal of this work is the examination of jurisdictional elements of the judicial branch. One of the factors of approaching jurisdiction of one or another court is the presence of circumstances conducing fairness of judgment. The choice of jurisdiction is substantiated by recognition of the authority of the resolution court by the participants of the process. It is also affected by the definition of criteria, which allow comparing the subject of the dispute with the questions attributed to the jurisdiction of national authorities, as well as the conditions for its resolution of international institutions. A subsidiary role of the intergovernmental authorities on the protection of human rights It is generally recognized. Codification of such role within the international law allowed demarcating the competency of the national and international judicial institutions. At the same time, it was followed by various interpretation of this role, as well as by the excessive interference into the domestic affairs of the sovereign states. The results of this research allow the author to substantiate a thesis on correspondence of the authority of the branches of judicial power of the Russian Federation on questions pertaining to state political system with the principles and norms of international law.  
Mozhuga V.V. - Specifics of the hierarchical dependency of the sources of public law of the modern Russia in the context of forming the Eurasian Economic Community pp. 19-28

DOI:
10.7256/2306-9899.2015.1.13962

Abstract: The subject of this research is the hierarchical dependency of the sources of public law in the modern Russia and its influence on the changes in Russia’s structure in light of the integrational cooperation. An analysis is conducted on the approaches to the forming of hierarchical subordination of the sources of public law within the classic theory of law, as well as the current stage. A special emphasis is made on the influence of international acts that compose the contractual foundation of the Customs Union of Russia, Belarus, and Kazakhstan, as well as the emergence of sources of public law of international legal acts of direct effect within the system. The author structures a concept of creating a hierarchical system of sources of public law, determining the defining factors and legal forms of expression of this system taking into account the effect of international law.
Vinogradova P.A. - Legal grounds of application in court procedure of the jurisdictional immunities principles of a foreign state pp. 19-25

DOI:
10.7256/2306-9899.2017.1.18470

Abstract: The subject of this article is examination of the question of realization of the principles of jurisdictional immunities of a foreign state, as well as possibilities of attraction of private public institution towards the lawsuit based on private law. The goal of this work consists in the analysis of jurisdictional immunities concepts, provisions of international treaties in this field, and practice of various states regarding its restriction. The results of the review of the questions at hand allow generalizing the requirements of Russian legislation in the area of limitation of the jurisdictional immunities of a foreign state and legal grounds for its application in considering the disputes in the Russian courts. The scientific novelty is substantiated by the upcoming changes in the aforementioned area of legal regulation in Russia. The Federal Law No. 297-FZ  of November 3, 2015 “On the Jurisdictional Immunity of a Foreign State and Foreign State’s Property in the Russian Federation” alongside the Federal Law No. 393-FZ of December 29, 2015 “On Amending Certain Legislative Acts of the Russian Federation due to the Adoption of Federal Law On Jurisdictional Immunity of a Foreign State and a Foreign State’s Property in the Russian Federation” have become effective since January 1, 2016.
Fardeeva I.N. - The Role of the Russian Federation Constituents in Cross-Border Cooperation with the European Union pp. 26-35
Abstract: Cross-border cooperation is a new trend in development of trade and economic relations of Russia. The author of the article underlines the special role of the Russian Federation constituents in cross-border cooperation with the European Union member states. Based on the author, such cooperation can be even called the 'trans regional' cooperation. However, no matter how important this cooperation is, it is still not legally fixed. Based on the Cross-Border Cooperation Conception, the author shows which definition of cross-border cooperation can be used by law makers. 
Komarov A.A. - Universal jurisdiction of criminal law pertaining to crimes committed through Internet pp. 26-37

DOI:
10.7256/2306-9899.2016.2.19355

Abstract: The subject of this research is the combination of theoretical ideas about the limits of power of criminal law in accordance with the universal principle. This work analyses the main postulates of this principle with application to the realities of the past and modernity; critically evaluates the legal formulations selected by legislator in order to restrict the boundaries (peculiarities) of power of the aforementioned principle; as well as examines the prospects of adaptation of its positions towards the crimes committed through the Internet. For achieving the set goal, the author formulated several tasks which have been solved by the analysis of the existing doctrinal positions in the area of Russian and foreign criminal law. The main conclusion consists in the fact that the universal jurisdiction is the most used mechanism for the proper establishment of criminal responsibility for cybercrimes. The expansion of an object field of the international criminal law can become a required element necessary for implementation of the universal principle of criminal law.
Komarov A.A. - Jurisdiction of transnational cybercrimes in the system of common law pp. 26-37

DOI:
10.7256/2306-9899.2017.1.20270

Abstract: The object of this article is the system of common low in the part that contains the legal institution of operation of criminal law in the legal space. Due to the specificity of common law, the subject of this article consists not just in the norms of the written (statutory) law, but also the judicial precedent that reveal the peculiarity of operation of the criminal law in the legal space. In this work, the area of scientific search is limited by the criminal legislation of two countries that most vividly reflects the historical essence alongside the features of common law: the United States and Great Britain. The work also touches upon the legislations of the countries of common law, which have the codified criminal legislation: Canada, Australia, and others. The scientific novelty consists in the fact that the analogous research are carried out not that often and until present day did not examine the questions of operation of the criminal law in the Internet. Therefore, the author for the first time has acquired a new, scientifically important result regarding the attitudes of the foreign legal experts in this sphere towards the previously conducted research pertaining to the Russian legislation. Multiple positions of the British and American legislation have been translated into the Russian language for the first time, as well as interpreted in terms of our research, which allowed formulating the specific practical conclusions.
Logvinova I.V. - Grounds and limits of legal regulation of constituents of the Russian Federation in the area of international relations pp. 31-44

DOI:
10.25136/2306-9899.2017.2.22688

Abstract: The subject of this research is the grounds and limits of legal regulation of constituents of the Russian Federation in the area of realization of international activity. Norms of the Constitution of the Russian Federation established the criteria for allocation of competencies and authorities without specification of the notions and content of the international and foreign economic relations. This is namely why there is a need for examination of an entire list of questions. The author turns to analyzing the normative legal acts of the federal and regional level that regulate international and foreign economic relations of the Russian regions. The scientific novelty of this work is defined by the fact that there is a lack of comprehensive scientific works that allow revealing the question of legal regulation of the international activity of constituents of the Russian Federation, which holds special importance in the context of deeper understanding of the problem of demarcation of competencies and authorities in the Russian Federation. In conclusion, the author determines the grounds of legal regulation of the constituents of Federation in the area at hand, identified a number of contradictions, as well as proposed measures on improving the normative legal acts of federal and regional level.
Gidirim V.A. - The concept of "beneficiary ownership" in the international taxation. pp. 32-192

DOI:
10.7256/2306-9899.2014.3.10812

Abstract: The concept of beneficiary ownership is among the most debatable concepts in the modern theory of international tax law. Initially the term beneficiary owner has appeared in the trust law of the Great Britain in order to distinguish between the person having basic economic profits from property or trust income and a formal owner of property. However, later this concept was transferred into the international tax law, and it became a popular norm against unlawful use of treaties against double taxation (treaty shopping). The third type of concept of beneficiary owner belongs to the spheres of administrative and financial law, and it is connected to the issues of disclosure of a final beneficiary in a corporate structure.  The issue of recognizing a person as a beneficiary owner is a subject to both scientific discussions and serious disputes in the legal practice of the latest decades, including administrative and judicial practice in the states with developed economies. The absence of clear criteria for defining this term and presence of insoluble contradictions in its interpretation make the position of taxpayers involved in international economic activities even more difficult. These contradictions may not be regarded as being resolved at the moment when this article is written even after the additional interpretations by the OECD Tax Committee in 2012. The practical issue of beneficiary ownership of income is especially topical in the corporate structures of multinational corporations when using intermediary companies, having functions of holdings or subholdings, as well as functions of ownership and use of intellectual property, sub-licensing and transit (back-to-back) finaning within the group. The problem of beneficiary ownership also became especialy topical in the Russian Federation lately in the context of state initiatives on de-offshoring and attempts to limit abuse of international tax treaties. This article concerns theoretical aspects of the concept of beneficiary ownership of income for the purpose of application of tax convention. Special attention is paid to the value of this term in the national law of the states as an instrument of fighting against the tax agreements, interpretation of the beneficiary ownership for the purpose of international treaties and its application in the international judicial practice. Currently interpretation and application of the concept of beneficiary ownership in the international taxation is vague and contradictory. These contradictions may not be regarded as being resolved at the moment when this article is written even after the additional interpretations by the OECD Tax Committee in 2012. The author for the first time in the Russian tax literature attempts to generalize the existing views on the issues of application of this concept in the international taxation. 
Khusyainov T.M. - Regulation of the Internet employment in the legislation of Italy: influence upon the national and supranational law pp. 34-41

DOI:
10.7256/2306-9899.2016.1.16321

Abstract: This article examines the process of formation of the national labor legislation of Italy in the area of legal regulation of Internet employment and the influence of the supranational labor law upon it – “European Framework Agreement on Telework”. Despite the fast growing interest of the modern researchers towards the new forms and types of employment, including those that are based on the Internet technologies, the elaboration of the foreign and European labor legislation (namely the norm of labor law in the era of regulation of the Internet employment in Italy) is currently insufficient and requires more detailed attention from the scholars. Within the framework of this work the author determines the peculiarities of implementation of the “European Framework Agreement on Telework” into the national labor law of Italy, as well as underlines the level of implementation in comparison with some other countries of the European Union. The role of the national and supranational law in the establishment of the Italian labor law in the area of the Internet employment regulation is being defined.
Logvinova I.V. - Types of international cooperation of the constituents of federative states pp. 38-46

DOI:
10.7256/2306-9899.2017.1.21991

Abstract: The subject of this article is the types of international cooperation of the constituents of federative states. Russia is a federation, in which the federal center and the constituents of the Russian Federation consider the international connections as potential for mutually beneficial collaboration with the foreign partners; the experience of other countries can also be applied due to the actively developing foreign communications. For determination of the types of such cooperation, their legal grounds, and control on the part of the federal center, the author explored multiple legal sources of international and domestic law, as well as the specific regional practice of realization of the international connections. The examined topic is relevant due to the lack of comprehensive scientific works that allow identifying the forms of international cooperation of the constituents of federative states alongside their efficiency under the modern geopolitical circumstances. As a result, the author determines such forms of cooperation on the regional level, defines the limits of the possible participation of constituents of various federative states in the international activity.
Smirnova E.S. - The problem of stay of the foreign citizens in the state territory and the issues regarding their security guarantees. pp. 39-66

DOI:
10.7256/2306-9899.2013.2.676

Abstract: The article concerns international legal cooperation in the sphere of the human rights, which is aimed towards  legalizing of the refugee status from the standpoint of the history of the last decade of XX century.  The author shows the perspectives of cooperation among the different states and regions on this sphere. She also studies the development of Russian national law on  refugee status and its  correspondence with the international legal standards. It is stated that the maintenance of migration problems requires cooperation among the Eurasian states.  She studies the legislation of the foreign states and its compliance with the legal norms, as well as the UN documents on refugee status, and on migration on international and regional levels. The author states that migration problems are currently among the key security issues at national, regional and international levels.  Due to this fact, she offers to search for coordinated solutions at national, regional (with the frameworks of the European Union and the Council of Europe) and universal levels.  
Gidirim V.A. - Taxation of controlled foreign companies: the international practice. pp. 42-140

DOI:
10.7256/2306-9899.2014.4.10986

Abstract: Multinational companies resident in the states with high taxes, wishing to lower the tax burden in the group of companies as a whole, become involved in the complex international tax planning. They have two goals: on one hand to lower the source taxes at the investment states, and on the other hand to lower the income tax in state of their residency. The latter is a complex of activities for the diversion of income from the states, where the profit is earned to the third party states (also called intermediary states), where the profits are accumulated and then distributed in the state, where the investor is situated. The third party states may be offshore jurisdctions and states with favourable holding regimes. The state of residency of an investor does not wish to accept this situation as it is, and it is interested in legislative limitations to such practices.  The state of residency of the investor (e.g. a multinational company or a wealthy individual) is interested in counteractions against the attempts of such a resident to gain maximum delay in taxation of incomes earned. Such a delay is possible by so-called "parking" of passive incomes in the foreign jurisdictions with low taxes without distribution of such incomes into the state of residency of a resident. The resident state may achieve it by various taxation mechanisms for the non-distributed incomes of foreign controlled companies (well0known as CFC (Controlled Foreign Company) rules). In this article the author studies the CFC rules, which exist and are applied for decades by now in the states with high taxes, first of all, in the OECD states. The studies include defining the spheres of application of such norms, means of identification of foreign companies, whose tax basis should be included into the taxable basis of the parent company, the procedure for calculation of the tax basis, popular exceptions, as well as the modern international practices of developed states in this sphere. Currently the Russian tax legislation provides virtually no anti-avoidance norms, preventing the above-mentioned practices for the transfer of the tax basis abroad. However,   after the Budget Address of the President of the Russian Federation in December of 2013, the Ministry of Finances of the Russian Federation has announced its intention to introduce the rules similar to CFC, that is, the norms on controlled foreign companies, into the Russian tax legislation. In this article for the first time in the Russian legal science the author provides comprehensive analysis of the CFC rules, which are popular abroad. In this sense the contents of the article may provide the interested readers with the necessary context, within which the Russian tax rules on CFC shall be developed and further applied. 
Belkovets L.P. - First steps of the Soviet diplomacy (from the history of the Russian legislation of diplomatic law) pp. 42-79

DOI:
10.7256/2306-9899.2016.1.17122

Abstract: The subject of this research is the process of establishment in the Soviet Russia of the diplomatic and consular law. The author thoroughly examines such aspects of the topic as setting the foreign policy tasks, organization of foreign policy department, ranks, functions, rights and privileges of the diplomatic representatives; it is demonstrated how the new Russian embassies and missions were establishing overseas. One of the storylines became the history of the Russian consular law and the Soviet consular practice. Special attention is given to the legislative base, which regulates the organization of consulates of the foreign states in new Russia. The Soviet State from the first steps has been forming friendly relations with the surrounding world, and developed its own political line on the international arena. Russian legislation and the early diplomatic practice became one of the most important basis for recognition the new Russia (USSR) by the foreign nations, as well as for the establishment of the economic and diplomatic relationships between them.
Kurbanov R.A. - Eurasian law in law system of the Russian Federation pp. 45-65

DOI:
10.25136/2306-9899.2017.2.23145

Abstract: At present time, the transition to multipolarity and failure of the idea of unipolar world is an undisputable fact. Under such circumstances, the regional integration process acquire special importance, becoming an intrinsic part of evolution. Due to the intensified geopolitical competition, rapid creation of the new regional economic, social, military political, and legal spaces alongside the multi-format organizations, Russia inevitably faces the task of reconsideration and correlation of the existing directions of regional cooperation, development of the new multi-vector policy, primarily in the Eurasian space. Crucial role in the process of achieving the set goals belongs to law, which manifests as a regulator of the relations at the national and multinational levels. In such context, the universal concept of Eurasian law is the key instrument that reflects various aspect in development of the integration process in Eurasian region. The article represents the author’s concept of formation of the Eurasian law based on the analysis of doctrinal approaches that reveal the theoretical legal grounds, genesis, main features and peculiarities of the Eurasian law as a part of international law. The development of Eurasian law will undoubtedly conduce the promotion and propaganda of Eurasian values around the world and increase of the role of Eurasian pole on the international arena.
Shinkaretskaya G.G. - Legal means of protection of the interests of the state from infringements by an international organization. pp. 46-63

DOI:
10.7256/2306-9899.2014.2.11640

Abstract: The article contains analysis of the capabilities of the state or its courts for challenging the acts of international organizations. If the interests of the state as such are violated, it uses organs of an organization or international judicial procedures. The tendency for challenging the activities of such an organization in the national court in cases, when the rights of citizens or legal entities are violated, is developing. However, the principle of immunity often precludes such challenges.The author draws a conclusion that the attitude of national courts towards the acts of international organizations generally does not depend upon the attitude of state towards introduction of the international law into its legal system. The national courts generally recognize authonomy of the two systems, and sometimes they apply the same approach to the international law and to the application of foreign law.  National courts have not yet developed an unified approach towards the immunity of the international organization and the need to take it into account  when challenging the decisions of such an organization. The following approach is noted: while the request for review of the act of the international organization is not the same matter with the claim to this organization, where the immunity should apply at the full scale, still immunity should be considered.  Nevertheless, there is recognition for the fact that formally following the idea of immunity may lead to negative consequences to the people searching for justice.
Mozhuga V.V. - Place of international treaties within the system of public law of the Russian Federation. Specific features of hierarchical dependency of various international treaties within the EurAsEC framework. pp. 63-86

DOI:
10.7256/2306-9899.2014.1.10614

Abstract: The study is devoted to the theoretical problems of hierarchical dependency of the sources of international law within the framework of public legislation of a state and their correlation with the Constitution of the Russian Federation. International treaties play an important role in the formation and functioning  of the international regulation system of public law in the modern Russia.  They regulate more and more intensive cooperation of states in various spheres.  Currently the Russian Federation is a party to about 20 000 functioning international treaties.  The first part of the article contains analysis of hte classification bases for recognizing which hierarchical level a certain international treaty belongs to. The second part describes the situation, which was formed in public law regulation of customs legal relations. The methodological basis for the study is legal analysis of legislative norms regulating the place of international treaties within the legal system of the Russian Federation.  International public treaties, including international treaties in the sphere of customs law, form an inalienable part of the Russian legislation.  They are sources of Russian law, and they also influence development of the entire system of law, conclusion of mutually profitable international treaties results in the development of favorable economic and political relations among the states. At the same time various direction of international treaties and their inclusion into different hierarchical levels according to different bases for classification creates significant problems in legal practice.
Babin B.V. - The right to development as a global right: international and national dimensions. pp. 67-84

DOI:
10.7256/2306-9899.2013.2.5108

Abstract: The article includes analysis of the categories of development, right to development and sustainable development within the framework of international relations. The comparison between the said categoreis and international program acts and regulators allows one to state that these phenomena are interconnected.  The article contains references to regulatory support of development, right to development and sustainable development in the international treaties, declarations and program acts of the UN.  It is pointed out that the right to development is an integral part of both human rights and the rights of peoples, and it requires a collective bearer (subject).  It is proven that the nations taking part in international relations (as well as indigenous nations) are bearers of the right to development. It is pointed out that implementation of rights to development and sustainable development requires both the international cooperation and implementation of international program regulators in the national legal systems.  It is recognized that responsibility of states for the implementation of right to development presupposes the need for program regulation of sustainable development in international law and constitutional law, the author also shows the negative features of existing practice.
Kuz'mina Yu.A. - Some specific features regarding practice of the European Court of Human Rights in cases against the Russian Federation. pp. 68-87

DOI:
10.7256/2306-9899.2013.3.2424

Abstract: The article contains a brief overview of the decisions  of the European Court of Human Rights in cases against the Russian Federation in the period from 1998 to 2008. The author makes a conclusion on the influence of the European precedent law on the Russian legal system and its shortcomings in the sphere of human rights protection. She also describes the causes for refusals to take some cases against Russia, points out political decisions of the ECHR.
Danilova N.V., Karimova S.A. - Environmental Impact Assessment: implementation of international legal acts into Russian legislation pp. 110-121

DOI:
10.7256/2306-9899.2015.2.14154

Abstract: The subject of this research is the issues of improving one of the most important preventive tools in the field of the environment - Environmental impact assessment. Currently, there is a need to ratify Convention on Environmental Impact Assessment into Russian legislation. This will allow to implement into Russian legislation a positive international legal experience in this field and boost the development of national legislation. However, the implementation of international legal requirements should take into account the significant differences between the European and Russian models of environmental assessment. It is noted that the main difference between the Russian model of EIA consist in its close relationship with the ecological expertise. In fact EIA is considered by Russian law as an auxiliary procedure that precedes the ecological expertise, while the latter is given binding legal value. It is concluded that the ratification of Convention on Environmental Impact Assessment in a Transboundary Context must inevitably push lawmakers to change the concept of EIA in Russia. The ratification of the Convention would bring with it a greater public participation in the environmental assessment procedures. It will also make necessary to determine what types of plans and programs can cause significant environmental consequences, which authorities are authorized to conduct a strategic assessment of plans and programs of any level - federal, regional or local - will be subject to evaluation.
Gidirim V.A. - The principle of company residency in the international tax law. pp. 123-170

DOI:
10.7256/2306-9899.2013.1.427

Abstract: The article provides detailed analysis of the modern theory of tax residence, which is used by the developed tax systems of the foreign states. This concept is absent in the Russian tax legislation, which is a significant gap in the tax regulation of economic activity and it gives way for tax evasion. The Ministry of Finances of the Russian Federation announced the need to introduce this concept into the Tax Code of the Russian Federation in accordance with its "Key Directions for the Tax Policy in the period from 2013 to 2015". Due to this fact this article is quite topical within the framework of upcoming legislative changes. The article includes not only theoretical bases for the tax residency concept for legal entities, but also analysis of judicial practices of various states, which use it, as well as some critical comments in part of adequacy of its application in the modern high technology international economy at the age of electronic commerce.  The article may be of interest to all those interested in the problems of modern tax policy.
Krasnova K.A. - Problems of implementation of anticorruption norms within the member-states of the European Union pp. 128-141

DOI:
10.7256/2306-9899.2015.3.15487

Abstract: This article presents a detailed review of the criminal legal aspect of the fight against corruption within the EU member-states. A special attention is given to the implementation of the international legal norms of the United Nations Convention against Corruption into national criminal legislation. The criminal legal norms on responsibility for abuse of power are being reviewed on the example of the criminal laws of Belgium, Germany, Spain, Italy, Latvia, Netherlands, France, and Estonia. The criminal legal norms on responsibility for illegal enrichment are being reviewed on the example of the criminal laws of Belgium, Denmark, Ireland, and France. Examination of the criminal legislation of the EU member-states was conducted based on the comparative legal method, which allowed studying the general and specific regularities in establishment of criminal responsibility for abuse of official position and illegal enrichment in separate countries of the integrational union in question. The scientific novelty consists in the original formulation of the trends of development of the modern criminal legislation within the member-states of the European Union on responsibility for crimes of corruption: first, the broadening of the subject structure of persons guilty of committing a crime of corruption, and second, expanding the criminal legal protection onto private sector.
Razumov Yu.A. - Some specific constitutional legal features of implementation of international legal norms in the military sphere in the foreign states. pp. 171-183

DOI:
10.7256/2306-9899.2013.1.684

Abstract: Evaluation of the issues regarding interaction between international and nationallaw in the military sphere is helpful for theoretical understanding of the issues of state security guarantees from internal and external threats, national security, preservation of state sovereignty and territorial integrity of the Russian Federation in the legal field.  An especially topical aspect concerns implementation of norms of international law in the foreign states. The scientific novelty of the article is due to distinguishing constitutional norms of foreign states in the military sphere.  Evaluation of the foreign experience in the sphere of constitutional law regulation of interaction between international and national law in the military sphere may be of assistance for the understanding of the primary causes of certain events during interactions or tensions among the states.  It seems especially important when concluding international treaties, since it allows for correct accentuation of the issues regarding implementation of treaty provisions.  In the modern world much attention is paid to the national legal implementation, since it serves as a guarantee of performance of international law obligations by the states, in spite of political character of many decisions regarding internal and foreign policies of states.
Solov'eva T.V. - On the lack of unified normatively provided procedure for the enforcement of the Decisions of the European Court of Human Rights. pp. 184-200

DOI:
10.7256/2306-9899.2013.4.2507

Abstract: This article is devoted to the problem of enforcement of the decisions of the European Court of Human Rights. The author provides analysis of the norms regulating enforcement of the decisions, when the responsible subject is the state. The author studies various acts of the Russian state, evaluating their conformity with the international legal obligations of the Russian Federation, analyzing the provisions on the payment of compensation to the victims requiring provision of state funds for their payment.  The author shows a number of contradictions between the Russian legislation and the international law obligations of the European Court of Human Rights. The author considers that currently there is only one normative legal act in Russia, which provides sufficiently detailed regulation of enforcement of the decisions of the European Court of Human Rights in part of monetary compensation, and this act is the Budget Code of the Russian Federation. The conclusion is made on the need to pass a normative legal act, which would provide for a detailed procedure for the enforcement of the decisions of the European Court of Human Rights in part of enforcement of individual and general measures.
Kurbanov R.A. - Structure of sector and the issues of international legal regulation of the energy industry of the North American states. pp. 201-228

DOI:
10.7256/2306-9899.2013.4.11026

Abstract: The article contains analysis of legal regulation of the energy sector of the North American states - the USA, Canada and Mexico. The author analyzes the key stages and tendencies of development of the energy sector in these states after signing the Agreement for the formation of the North American Free Trade Area and the North American Agreement on Environmental Cooperation. The author analyzed the input of the Organization of the American States into the development of the North American energy markets. The analysis allowed to draw a number of conclusions.  At the current stage of its development the mutual dependency of the consumer state (the USA) and producing states  (Canada, Mexico) is regulated via regional and sub-regional norms, including NAFTA,  which serves as a basis for the legal guarantees in the relations among these states, and as a prerequisite for the harmonization of national legislations in the sphere of energy. At the current stage of development, one may speak of the existence of international (regional and sub-regional) basess for the North American energy market, uniting hte markets of the USA, Canada and Mexico.
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