Law and Politics - rubric Transnational interests

Abstract: Development and intensification of international cooperation lead to larger and larger number of agrements and contracts. One cannot exclude the situation, when the obligations of a state under one international convention do not quite fall within the framework of its obligations under other convention. All of this shows us the problem of correlation and interaction of norms of international conventions.This problem is especially topical in regard to the economical cooperation and economical integration of the states. Keywords: international cooperation, economical integration, economical cooperation, international conventions and agreement

Abstract: In this article by M. Dorfman, one may find the general characteristics of how Israeli law defines the matter of extradition of criminals, and the author also provides a rather detailed study of legal aspects of extradition from Israel to the Russian Federation, giving a number of examples of particular judicial cases, which took place in Israeli courts starting with the year 2000…

Abstract: From the moment of its formation the intellectual property law developed as complex system, which included mostly international legal norms, which in turn defined the key issues of legal regulation in order to create a universal international legal regulation regime. This article by V.A. Nikiforov addresses the topical problems of harmonization of the national legislations in this sphere within the framework of the Agrement of Trade Related Aspects, of Intellectual Property Rights, Including Trade in Counterfeit Goods – TRIPS and other international conventions…

Abstract: The constituent subjects of the Russian Federation try to establish their own provisions for the regulation of relations concerning the presence of foreign citizens on their territories. What is their practice and is it in accordance with international and constitutional standards?

Abstract: No state can fully develop without foreign economic relations. Having understood the urgent need for development in this sphere, from the 1991 on the Russian Federation took new legal measures in order to regulate its foreign economic activities, taking into account both international and Russian experience. The main goal of formation of the legal means of regulation of the foreign economic activity is to ensure the national interests in this sphere.

Abstract: The current negative tendencies in the international relations, together with inability of the UN to provide adequate and timely reaction to there tendencies, provide the basis for the need to form new regional organizations and unions in order to guarantee the stability on a particular territory. The Shanghai Cooperation Organization is one of the organizations, which was formed to deal with these challenges and threats. What is the relationship between the SCO and the USA?

Abstract: Sources (forms) of law embody rights and freedoms of an individual and a citizen, ensure their reality for all the people, their independence of the opinions of particular subjects of law, their legal protection. E.S. Kananykina’s article is devoted to analysis of customs, laws and other sources of law, which, as the author notes, are not just the means for the recognition of existing law, but rather one of the necessary factors of lawmaking. The author also studies correlation of law and morals, law and custom, etc. The article contains the study of legal positions of a number of phylosophers, devoted to the issues of sources (forms) of law.

Abstract: As the authors note, in spite of the presence of anti-offshore measures in the modern international law, it is quite clear that international offshore business is a reality of modern international economy, which is an evidence of competetiveness of national economies and tax systems in the sphere of lowering the tax burden and attracting investments. It is likely that in the future the offshore finance centers shall be developing, rather than decreasing…

Abstract: It is predicted that by 2050 the population of Russia shall fall by 30 per cent and shall be about 101,9 million people, which, in turn may cause serious problems for Russia, since the population of the neighboring states shall only grow, and the problems may include great migration pressure. At the same time in order to retain stable population Russia should annually accept about 500 000 immigrants. What is to be done to ensure security of Russia in this aspect?

Abstract: This article by V.M.Bykov includes critical analysis of changes in the status and powers of the Prosecutor within the framework of preliminary investigation under the latest changes in the Criminal Procedural Code of the Russian Federation.

Abstract: The Golden Standard is the monetary system, which takes gold as an universal equivalent, and includes golden coins as well as paper money in the turnover, and the paper money may be exchanged for gold based on a solid rate. The goal of this article is analysis of the system of international operations at the Golden Standard period.

Abstract: As the author of this article points out, the Russian economy and civil society have to respond to the challenges of globalization. The place of Russia in the post-industrial world would depend not only on prices on raw materials, but rather on its ability to generate and efficiently implement unique technologies and innovations, which also calls for changes in the existing social and economical policy.

Abstract: This article is devoted to a number of issues, related to the trans-border bankruptcy. The author analyze the general theoretical problems of international competition law, provide detailed study of national legal regulation and international legal regulation of bankruptcy

Keywords: jurisprudence, law, bankruptcy, competition, procedure, liquidator, manager, law, contract

Abstract: Development of integration processes in the world economy causes Russia to be more and more deeply involved into the international trade relations. That is why it is necessary to evaluate legal regulation of competition in the US and the EU law. The article includes analysis of anti-dumping legislation at the international level, which helps the author in the complex evaluation of the problem of legal regulation of competition.

Keywords: jurisprudence, competition, dumping, anti-dumping legislation, material harm, commercial activity, competitive sphere, globalization, foreign economic activity, market of goods

Abstract: The article is devoted to the international legal nature of responsibility of the states for the harmful consequences of legal activities. Much attention is paid to the various aspects of the problem of codification of material responsibility within the context of new state of global scientific, technological and innovation development. The author then comes to a conclusion that there’s need to codify the international legal regulation of scientific, technological and information turnover, related to the situations of trans-border harm and prevention of such harm.

Keywords: jurisprudence, law, responsibility, harm, trans-border, compensation, prevention, offence, jurisdiction, risk

DOI: 10.7256/2454-0706.2022.4.37909

Abstract: The subject of the study is the legal relations that develop between the participants of a corporate agreement with a foreign element. Due to the specifics of this type of contract, not all types of foreign element lead to a cross-border nature, moreover, the amount of a person's participation in the authorized capital of a corporation matters. The issues of changes in the applicable law leading to the impossibility of execution of the corporate contract and the ways in which it is possible to protect the parties from these adverse consequences are investigated. The article analyzes the consequences of the special "volatility" of a corporate contract, which consists in the fact that it is more susceptible to various changes in the foreign element, in particular, related to the exit of a foreign participant from the corporation, the relocation of the corporation, the redomicilation procedure. The methodological basis of the research is the universal dialectical, logical, formal-legal, hermeneutic research methods. The comparative legal method was also used by involving the practice of conflict-of-laws regulation of the countries of the common system of law and Germany. The novelty of the study lies in the fact that mechanisms have been developed to maintain the balance of interests of the parties to a corporate contract with changes in applicable law, the consequences of relocation and redomicilation of the corporation have been determined, a proposal has been put forward on the amount of the participation share of a foreign participant necessary for the recognition of the contract as cross-border. The main conclusions are the following provisions: when determining the cross-border nature of a corporate contract, it is necessary to apply both a legal and an economic approach; the best way to level the risks of changes in applicable law is a conditional choice of applicable law; to determine the materiality of a foreign element, it is necessary to be guided by the norms of corporate legislation on dependent companies; relocation and redomicilation do not lead to a change in the conflict of laws choice of applicable law.

Keywords: conflicting choices, participants of the corporate agreement, personal law, redomicile, relocation, foreign element, corporate statute, shareholder agreement, cross-border corporate agreement, corporate agreement

DOI: 10.7256/2454-0706.2019.2.28930

Abstract: This article examines the general approaches (direct or portfolio investment, signing concessionary agreements) and particular aspects of the investment cooperation between Russian and China in form of investing into the objects of production and infrastructure in the territory of the Russian Far East, based on the fact that currently the development of these territories is one of the top priorities of the Russian Federation. The author provides the examples of “live” investment projects and investment contracts in the area under consideration; and also underlines the factors impeding such cooperation. The scientific novelty is substantiated by the approach, within the framework of which the attention is given to the problematic aspects of Russia-China investment cooperation from the standpoint of methods and prospects of their solution for the advancement of the Russian Far East. It is demonstrated that Russia-China cooperation has the potential, as well as the history; however, the actual steps depend of the intentions of both parties.

Keywords: infrastructure facility, production facility, concession agreement, portfolio investments, direct investments, investment cooperation, Russia, China, Far East, energy carriers

DOI: 10.7256/2454-0706.2019.2.29000

Abstract: The subject of this research is the regulations of U. S Foreign Corrupt Practices Act of 1977, other acts and official documents of the President of the United States, U.S. Congress, U. S. Securities and Exchange Commission, as well as the United Nations, Organization for Economic Cooperation and Development, International Chamber of Commerce. The author also examines the arguments expressed by the politicians and scholars in the 1970’s – early 1980’s with regards to the Law on Foreign Corruption Practice of 1977. The article analyzes the U. S. Foreign Corrupt Practices Act of 1977 (FCPA) for determining the essence of the established criminal law and administrative rules. The research is conducted in the context of the global anticorruption initiatives and international processes of the 1970’s. The author demonstrates the conceptual and chronological correlation between the domestic lawmaking practice and international anticorruption initiatives of the United States of the 1970’s, aimed at counteracting corruption of the transnational corporations in developing countries.

Keywords: FCPA, international commercial transactions, bribery, illicit payments, transnational corporations, corruption, UN, OECD, ICC, developing countries

Abstract: According to the estimations provided by the Ministry of Economic Development and Commerce of the Russian Federation the losses due to the anti-dumping measures on Russian uranium products is about 175 million US dollars. At the same time part of the income from uranium sales in the USA comes to the state budget, being about 20% of non-tax incoming funds. This article contains detailed characteristics of anti-dumping measures against Russian uranium products in the USA, as well history of the issue.

DOI: 10.7256/2454-0706.2017.1.21596

Abstract: This article is dedicated to the contemporary approaches towards political regulation of the international activity of modern multinational corporations on the institutional level. The object of this research is the international activity of multinational corporations, while the subject is the forms and methods of regulation of their international activity. The goal of this work consists in the attempt to characterize the existing form and methods of regulation of the international activity of multinational corporations (MNCs), as well as assess their efficiency. The author turns attention to the role of the United Nations Conference on Trade and Development (UNCTAD) in regulation of the international activity of multinational corporations, as well as peculiarities of application of the norms and positions of the “Behavioral Code of MNCs” and “Global Compact” of the United Nations. A conclusion is made that the existing forms and methods of normative legal regulation of the modern MNCs are not sufficiently effective, because the majority of them is reduced to encouragement of MNCs towards signing with the nation states of the so-called agreements and contracts, which usually carry a declarative character. At the same time, the voluntarily accepted by the multinational corporations, responsibilities are not mandatory in practice, but rather completely depend on free will of the owners of MNCs. Most of such contracts and agreements (for example, the “Behavioral Code of MNCs”) do not contain sanctions for violation of the norms, and as a result, international mechanism of their application is not expressed, which makes the aforementioned norms recommendatory. This, in turn, leads to the fact that the modern MNCs, with regards to international affairs, avoid control of their activity by the nation states and intergovernmental international organizations.

Keywords: diplomacy, international relations, global instability, world politics, global information space, geopolitics, interests, state, sequrity, risks

Abstract: After the breakup of the Soviet Union and formation of 15 independent states within its territory the problem of international cooperation in the sphere of power industry and its normative regulation became extremely topical. So, from the point of view of cooperation and due balance among the power industries of various states, it is rather interesting to study the cooperation between the international regional power industry organization – The Power Industry Council of the CIS and other similar organizations, as well as the transnational power companies.

Abstract: Traditional criminal evidence classification divides evidence into two categories: original and derivative. The goal of this publication is to provide reasoning for additional categories of classification of criminalistic information, and typifying the methods of decoding accordingly. Author offers to single out “mixed” sources, which can be found in cases, when universal means of fixation and multi-step transformation of signal are used (for example, in case of processing a digital picture, while changing its colors, etc). Author also studies the problem of typifying the methods of decoding, singles out three main types, evaluates various methods.

Abstract: Constant growth of importance of international economic organization in the process of formation of international legal norms forms new problems to be studies by legal scholars, such as which forms of participation of international economic organizations in international legislative process are the most effective, how their competence should be widened, and what are the borders of their “implied competence” and “immanent competence”…M.S. Popov studies these problems in his article.

Abstract: In this article N.Y. Erpyleva reviews the sources of the international commercial law, nature and forms of international commercial contracts, their key provisions, responsibility of the parties for breach of contract in accordance with the Vienna Convention of 1980 (CISG), types of contracts in accordance with the INCOTERMS 2000. The article also contains analysis of court practice and arbitration practice in the sphere of the international commercial law.

Abstract: The very atmosphere of the after-war Germany called for nationalistic ideas based on the revenge for the loss in the war. This article is devoted to the study of the complex of ideas, which came into being and existed in Weimar Germany (and also in the years of Nazi power), and was related to restoring the ideological and political potential of the country after the war. Author comes to a conclusion that conservative revolutionaries came very close to the national-socialism, and only a thin line was between them and the anti-human ideology of the “thousand years old reich”.

Abstract: No state can function efficiently without well-balanced financial relations. Well-balanced financial relations, in turn, call for adequate provisions on financial responsibility. Author of this article studies positions of a number of authors related to this issue, elaborates on how the goals of financial responsibility are reflected in the Russian legislation, offers her own classification of the goals of financial responsibility.

Abstract: Globalization processes influence individuals and peoples, states and civilizations, and it is no surprise that globalization becomes one of the most topical issues in many social sciences. The author of this article expresses her own position on how globalization shows itself in political and legal spheres, explains how the new phenomena of global (world) power come into being, how they are influenced by cultural and civilization factors, and most of all by role of the Western civilization, reviews the role of the Western concept of the human rights and of “global law”.

Abstract: This article is devoted to the problems of implementing the international legal norms on human rights in the Republic of Yemen. The author studies both the general theoretical issues and analyzes the practice and national legislation on this issue.

Abstract: In relations related to production sharing agreements, the powers of the State as a subject of ownership of the subsoil are closely intertwined with its prerogatives of a public authority, a sovereign guarantor and defender of the subsoil, ensuring their inalienable, inalienable nature, their safety and rational use. As a result, elements of public law relations related to the special regime of subsurface use inevitably fall into the orbit of the production sharing agreement, become an integral part of the agreement along with the civil relations of the parties.

Abstract: One of the ways to ensure the long-term strategic interests of Russia may be the so-called “gas cartel”, and its various perspectives literally “exploded” the political discourse in 2006. This article concerns itself with both the history of the issue and the possible vectors of its development. One of the issues concerned would be the possibilty to use the gas cartel as a political pressure instrument… Such a possibility is recognized both by the Russian and the Western political elites alike.

Abstract: The new international maritime law and the French doctrine on territorial sea developed in close relaton. The position of France in this sphere is particularly interesting, since it reflects the tendencies concerning both the position of nation states at the international conventiosn, and the individual interests of France, as a state, which actively uses sea and its resources.

Abstract: This article by S.N. Novikova is devoted to analysis of topical issues of cooperation of the NIS countries in the sphere of power industry. As the author notes, based on the example of the NIS, one may speak of new legal bonds between the states, which voluntarily accept international obligations and transfer part of their sovereign rights to the international power industry organization.

Abstract: Securing land interests of investors plays an important role on stabilizing foreign investments in the Russian Federation. It especially concerns the non-agricultural sphere, where the land serves as a basis for various objects of the deals with the foregn investors…

DOI: 10.7256/2454-0706.2015.4.14665

Abstract: The subject of this research is the categories of foreign investments and foreign investor within international investment law of Russia and Moldova through the prism of three levels of legal regulation – national legislation, bilateral, and multilateral international agreements. Although it is based upon the widely used legal constructs and instruments, the national legislation, which regulates international investments, within the framework of conceptual construct can significantly differ between the country that is the recipient of foreign investments, and the country of the origin of a foreign investor. This situation is very characteristic of Russia’s and Moldova’s legislation that are both current participants of the key integrational process taking place across the post-Soviet space within the framework of CIS. The main conclusions of the conducted research consist in determination of the similar traits and differences within the legal regulation of Russia and Moldova pertaining to the categories of foreign investments (including concepts, types, and forms of investments) and foreign investor (including legal entities, and private parties), reviewed through the prism of the normative acts of international organizations of economic integration.

Keywords: investing, national legislation, international agreement, foreign investor, foreign investments, international investment law, partnerships, branch, subsidiary, investment fund

DOI: 10.7256/2454-0706.2015.4.52397

Keywords: investing, national legislation, international agreement, foreign investor, foreign investments, international investment law, partnerships, branch, subsidiary, investment fund

DOI: 10.7256/2454-0706.2013.4.51959

Abstract: This article is devoted to the organizational and legal forms of tarns-border capital flow within the Russian banking system. The author shows that the main organizational and legal forms of presence of the foreign banking capital in the Russian Federation are representative offices of banks and participation in the capital of the Russian credit organization. In the latter case, one a specific subject appears, which is a credit organization with foreign investments. Foreign credit organizations open their representative offices and participate in the capital of the Russian credit organizations with the foreign investments by permission. The author notes that the main speci fic feature of the modern regulation of participation of the foreign credit organizations in the banking system of Russia is a direct prohibition of the filial offices of foreign banks in the Russian Federation. The author studies trans-border participation of the Russian credit organizations in the banking systems of foreign states, which is implemented in the organizational legal forms of representative offices (subject to notification), filial offices of Russian credit organizations abroad (subject to permission), and participation in the registered capital of the subsidiary bank, which is a non-resident credit organization (subject to permission).

Keywords: jurisprudence, bank, filial office, representative office, organization, investment, trans-border, capital, regulation, supervision.

Abstract: This article is devoted to the evaluation of the normative legal bases for the regulation of international carriage of passengers. Within the framework of this article the authors have detailed analysis of national legal and international legal regulation of carriage of passengers in various types of transportation: that is by automobile, air, marine and railway transportation.

Keywords: jurisprudence, law, transportation, carriage, passenger, luggage, contract, custom, legislation, transport, responsibility.

DOI: 10.7256/2454-0706.2013.4.51960

Abstract: The issue of qualification in international private law is fundamental. The doctrine of international private law provides that qualification is complicated due to the specific features of the international private law itself. In turn, complicated character of qualification of non-contractual trans-border obligations by the author is due to the absence of legitimate definition of noncontractual obligations, non-uniform character of this type of obligations, and appearance of new types. In XXI century the qualification of non-contractual trans-border obligations in Russia and in Spain has evolved. For example, in Spain there are provisions for the autonomous qualification of non-contractual trans-border obligations. In Russia the general quali- fication rules under the lex fori have not changed. However, based upon the Draft for the Amendments to the Civil Code of the Russian Federation some types of non-contractual transborder obligation (obligations based on inß iction of harm, obligations based on bad faith negotiations on conclusion of contract and unjust enrichment) due to their close relation may be classified as contractual obligations. Evolution of qualification of non-contractual obligations in the Russian Federation were inß uenced by the following tendencies: the development of the Russian legislation (in particular, Part VI “International Private Law” of the Civil Code of the Russian Federation), as well as the tendency for the harmonization of the Russian conß ict of laws norms with the conß ict of laws norms of the EU. In Spain evolution on this matter was based upon the uni- fication of non-contractual trans-border obligations in the EU under the EU Rome II Regulation.

Keywords: jurisprudence, qualification, interpretation, evolution, definition, obligations, law, harmonization, legislation, tendencies.

DOI: 10.7256/2454-0706.2016.6.10458

Abstract: In the modern world one of the biggest problems with the forests of the African continent is deforestation. According to the latest research, Africa holds a second place in the world in deforestation. The problem of deforestation is being examined in combination with the consequences of climate change. The author focuses not only on the traditional approaches towards use of forest resources, but also legal regulation of rational use and sustainable development of forests. The author also explores the prospects of development of environmental tourism in a number of countries of the African continent. This work presents the analysis of the main causes for the mass deforestation and a significant decrease in the forestation of the African continent. Traditionally, the state of forest land is assessed on the example of the nations of Fennoscandia, Canada, and the United States. The author’s attempt to analyze the development of the forestry of Africa allows us to become familiar with the traditions and customs of the indigenous people, who use the forest for their everyday life, as well as allows us to evaluate the efficiency of the measures undertaken by the states of the African continent on rational use and sustainable development of the forests.

Keywords: Forest lands, Forestry department, Indigenous people, Environmental tourism, Non-wood products, National forests, Forest fires, Community zones, Traditional use of forests, International forestry research

DOI: 10.7256/2454-0706.2016.6.52646

DOI: 10.7256/2454-0706.2014.8.12325

DOI: 10.7256/2454-0706.2014.8.52246

Abstract: The article is devoted to evaluating evolution of the activities of the Group 8 (G8) in the sphere of protection of intellectual property. The author consequently follows the evolution of the G8 regarding these issues from 1988, noting appearance of novel nuances, based upon the documents issued by the G8. Special attention is paid to the activities of the specialized structural divisions formed by the group, such as the Intellectual Property Expert Group. From the point of view of the author 2007 was a key year for the change, when the issues of intellectual property were recognized among the focal points of activities of G8, rather than being just facultative issues. As a result the format of Heiligendamm L’Aquila Process (HAP) was formed, and within its framework the issues of protection of intellectual property rights were united with the issues of fighting counterfeit and pirated products. The article provides analysis of involvement of the G5 (the group of most influential developing states) into the discussion of the issues of necessity to consequently comply with the intellectual property rights. In addition the author shows applied work within the framework of the Group, making a conclusion in the high level of implementation of the political obligations. As a methodological basis for the analysis of position of G8 states the author uses understanding of its collective function as a supplier of global public good. In addition, the author views the activities of the group on further development of intellectual property as means for providing additional guarantees, rather than substituting the activities of existing international organizations in this sphere. Novelty of the article is due to the complex analysis of the positions of the Group on the issues of value of intellectual property protection in the conditions of globalization of innovative development. The author substantiates the conclusion that the position of G8 to a great extent defines the growing strictness of the protection of intellectual property rights, which serves as a basis for the transition from the TRIPS standards to the TRIPS-plus standards, and these standards do not fully correspond to the positioning of intellectual property institution as means of achieving global development targets, including those in the sphere of innovative development.

Keywords: Group 8, globalization, innovative development, intellectual property, counterfeit, developing states, political dialog, global goods, Internet, information society.

Abstract: This article includes analysis of key elements of the institutional normative mechanism of international civil process as a key object of international procedural law together with the international commercial arbitration. The international procedural law is a branch of international private law, which is formed with the norms of national legislations and international conventions, which regulate procedural relations including the foreign element, that is, the international procedural relations. The object of international civil procedural law is the procedural relations in the process of international commercial disputes at the state courts. The key elements of international civil process, which are subject to detailed analysis from both the standpoint of national and international law, are judicial jurisdiction over international commercial disputes, application of injunctions on civil and trade-related cases with a foreign element, provision of international legal help, including recognition and enforcement of foreign judicial decisions.

Keywords: jurisprudence, law, order, agreement, convention, process, claimant, respondent, court, decision, appeal.

DOI: 10.7256/2454-0706.2014.11.13035

DOI: 10.7256/2454-0706.2014.11.52300

Abstract: This article is dedicated to the issue of non-compliance with the current international law by all the member-nations regarding the situation in Ukraine between December 2013 and March 2014. The author focuses on the policy of non-intervention into the internal affairs of a country, right of self-determination, territorial integrity and the criteria for a lawful secession. Analyses is conducted on the actions of the participants are through the prism of decisions of the International Court of Justice about the violations of the precepts, positions of Russian and foreign researchers, opinions of the European Court judges on the human rights and International Court of Justice, as well as addresses by the heads of state. The author argues the necessity to uphold and develop international law by all nations, study and promote secession institution for the purpose of maintaining international security, balance in international relations, control the internal disintegration processes and protect the fundamental human rights.

Keywords: Secession, disintegration, Ukraine, effectiveness, international law, interference, territorial integrity, referendum, Crimea.

Abstract: This article includes the key elements of the institutional and normative mechanism of the international civil process as a key object of the international procedural law, together with the international commercial arbitration. The international procedural law is a branch of the international private law, which is formed with the norms of national legislation and international treaties, which regulate procedural relations with a foreign element, that is the international procedural relations. The object of international civil procedural law is the procedural relations regarding the international commercial disputes in the state courts of different states. The key elements of the international civil process are analyzed in this article from the point of view both the national legislation and the international treaties (both bilateral and multilateral). They include court jurisdiction on international commercial disputes, application of injunctions on civil cases and trade cases with a foreign element, provision of international legal aid, including recognition and implementation of the foreign judicial decisions.