Law and Politics - rubric INTEGRATION LAW AND SUPRANATIONAL UNIONS

Abstract: The article is devoted to the problem of customer protection in the sphere of specialized commercial practices, such as sale of goods and provision of services outside the entrepreneur’s office, distance sale and provision of services. Russian legal regulation in this sphere is quite fragmentary. The author attempts to provide concepts of improvement of the Russian legislation on customer protection based on historical and comparative legal analysis

Keywords: jurisprudence, customer, commerce, distance payment, Internet, information, agreement, directive, return, quality, contract

Abstract: International mergers of the companies of the EU states face a number of legal complications, which are due to the need for similarity and cumulative application of various legislations. This article includes study and analysis of the key provisions, specific features and the value of the 10th Directive, which is aimed to deal with the pluralism in the sphere of legal regulation of transnational mergers, and to destroy the obstacles to the integration tendencies and internationalization of the EU member states. Keywords: jurisprudence, corporate regulation, multinational corporations, value of harmonized norms on trans-border mergers in EU, economic integration, internationalization and concentration of capital, international mergers and acquisitions as forms of integration, international mergers of the companies of the EU member states, harmonization and coordination of corporate regulation in EU, Directive method of corporate regulation in EU, Directive on trans-border mergers of companies in EU, property interests of the third parties in international mergers in EU

Abstract: The issues of legal status of euro in the states, which are not part of the EU, but which unilaterally use euro as their currency (Montenegro, Andorra), as well as in the states, which have currency treaties with the EU (Vatican and San — Marino), and the oversea territories of the EU states are the objects of study in this article. Keywords: jurisprudence, European, Union, currency, Euro, currency, Vatican, Monaco, Andorra, Montenegro

Abstract: This article includes analysis of contents and goals of international acts and acts of the EU on the issue of ecological crime, including Recommendation of the Convention of October 4, 1998 and the Directives of the European Parliament and Council of November 26, 2008. The author characterizes the experience of scientific basis for the legislative solutions in this sphere, as well as Russian initiatives of the latest years, common goals and means of solving ecological crime problems in Europe and in the Russian Federation. Keywords: jurisprudence, biological variety, Directive, Convention, responsibility, instigation, crime, criminal law, ecology

Abstract: Recently, the study of the problems of the right to association is relevant not only from the point of view of national legislation, but also adopted international legal documents. The right to association, being one of the fundamental rights and freedoms of the individual in the system, finds its consolidation both in domestic and international law. In O.A. Kozhevnikov's article, this problem is considered from the standpoint of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Abstract: As the Director of the Institute of the Eastern-European Law of the Cologne University Angelica Nussberger notes, implementation of the European Convention on human rights in the Member States poses a challenge for any national legal system. Importantly, this challenge should not be seen as a goal to be achieved at some point, but rather, as a constant process of influence on traditional understanding and application of national law. This is especially so for the states, which ratified the Convention recently, so first 50 cases, of which Russia is a party, hold a special value for development of all spheres of Russian law.

Abstract: In this article Professor Zhalinsky studies the problems related to the legal construction of goals of criminal law under Article 2 of the Criminal Code of the Russian Federation. As he points out, it is of paramount importance that these goals are understood correctly by both the society and the government, duly developed and sufficient for the optimization of the criminal policy both in legislative and law-enforcement aspects, that these goals are supported by the people. The author studies a number of problems related to legislative reglamentation of the goals of criminal law, as well as their reflection in the law-enforcement practice, analyses their nature, its social and legal aspects.

Abstract: The Additional Protocol to the European Social Charter incorporates into it the system of collective complaints in order to make the control system more efficient by introduction of NGOs and shortening the time-span of procedures. This article includes the analysis of practice of review of collective complaints, and author also makes some predictions for the future.

Abstract: Both Russian and foreign criminal law literature pays much attention to the circumstances, which exclude criminality of activity. It can be explained by a number of matters, such as problems of international law, calling for the broader view on such matters… As the author points out, it is quite necessary to study the German criminal low doctrine in the circumstances mentioned above.

Abstract: As the author of this article points out, the problem of civil law deals with a foreign element lacks due theoretical approach, in spite of its importance. Legal regulation in this sphere seems fragmentary both in the international and national levels. This article pays special attention to the specific features of conclusion and execution of foreign economic deals.

Abstract: Analysis of the requirements to production, advertisiment, utilization of chemicals is quite topical nowadays. And since the Russian legislation in this sphere can hardly be called well-developed, in the opinion of the author, one could find use in studying achievements and short-comings of European legislators in this sphere.

Abstract: The author of this article provides legal analysis of legislation of the Federal Republic of Germany (including decisions of Federal Constitutional Court) and scientific works of German scholars, analyzes the issues of interaction of international and national law. This problem is solved by bringing into accord two systems of law of the same level. In German concept of international law, the scholars use theory of incorporation, teaching of necessary implementation of international contracts, theory of transformation. Based on scientific analysis and comparison the author establishes similarities and differences among positions of Russian lawyers and their German colleagues on these issues.

Keywords: jurisprudence, dualism, contract, implementation, incorporation, concept, monism, international, reception

Abstract: The study concerns the issue of formation of unified standard of copyright protection, the author then analyses legal regulation of copyright relations in the EU and in Russia.

Keywords: jurisprudence, author, directive, Union, author, author’s work, creation, originality, law, capability for protection

Abstract: The article is devoted to the legal aspects of cooperation of the EU and the developing states of Asia and Latin America. The author analyzes the key principles of such cooperation, as enshrined in the acts of the EU. The author shows the role of the key bodies of the EU in establishing the policy of support of the “third world” states.

Keywords: jurisprudence, international law, European law, law of international organizations, international economic law, law of international economic support, regional integration unions, the EU, developing states, principles of cooperation

Abstract: In March 2007 the European Council formulated the bases for the Energy Policy for Europe, and it pointed out that one of the aspect of the EU energy policy is complete formation of the inner market of electric energy and gas. During two years the European Commission held preparatory work and in July of 2009 the European Parliament and the Council of the EU accepted 5 legislative acts in order to complete the formation of the European inner energy market for electric energy and gas, and they came into force in March, 2011. The enforcement of the Third Legislative Package on energy policy means a total change (to the opposite) from the previously existing legal regime of vertical power companies in the EU shall certainly have legal, political and economic consequences for the activities of the Russian energy companies in the EU member states.

Keywords: jurisprudence, the EU, Russia, the third, legislative, package, power industry, law, politics.

Abstract: The purpose of introducing the Visa Information System is to establish procedures and conditions for the exchange of data between Member States on visas for short stays. Each Member State sends the Commission a list of competent authorities, whose employees are authorized to access, rectify, or delete data in the study of the VIS. In each Member State any person shall have the right to sue or file a complaint with the competent courts of this state, if he is denied access to data pertaining to his or the right to correct or delete the data. Further development and establishment of VIS requires the creation of a comprehensive legal framework.

Keywords: Yurisprudentsiya, sistema, realizatsiya, obmen, dannye, daktiloskopiya, razrabotka, kooperatsiya, sanktsii

DOI: 10.7256/2454-0706.2018.9.27382

Abstract: This article explores the formation of a unified agricultural policy in the EU, its legal bases, goals and organizational mechanism. A unified agricultural policy represents one of the oldest and most developed branch policies in the EU. Despite the decrease in the agrarian sector of the EU economy, there is still significant EU budget allocation for the agricultural policy. It is noted that the key vectors of this policy are the legal regulation of organization of the food markets for agricultural products, as well as organizational policymaking. The author highlights the fact that the work on forming a unified agricultural policy in the EU does not only lift the existing barriers, but it is also a joint effort that was formerly under exclusive jurisdiction of individual member-states. A conclusion is made that the large scale and rich legal base of the unified agricultural policy in the EU is comprised of acts of primary and secondary laws.

Keywords: EU, European economic area, agriculture, agricultural market, secondary law, agricultural policy, legal framework, EFTA, world economy, market economy

DOI: 10.7256/2454-0706.2013.7.7847

Abstract: The article is devoted to the problems of legislative guarantees of innovative economic development as a whole, and nanotechnologies in particular, within the frameworks of regional integration unions, developing general legal norms and unified rules for its members. Intensifying of the harmonization and unification processes in the economic law of the EU may be characterized by a new generation of directly applicable legal norms, guaranteeing the unified transformation of the EU Member State from the post-industrial economy to the innovation economy. In order to guarantee orderly and secure development of the innovative infrastructure the united Europe actively develops program documents, and financial treaties for the nano-technologies, provides for the allocation of financing of high-risk projects among the states and private investors, holds specialized studies on copyright regulation, social health guarantee, consumer protection, security of workers and environmental protection.

Keywords: jurisprudence, innovative economics, nano-technologies, regional integration unions, common economic and legal territory, general legal norms, framework programs, the European Union, integration law, innovative economic activities

DOI: 10.7256/2454-0706.2023.3.40094

Abstract: The subject of the study is the peculiarities of the regulation of the legal category "electric energy (power)" in international acts (regulatory and judicial). The object of the study is recognized as the international foundations of the legal regulation of the concept of "electric energy (power)", reflected in the sources of international law and in the decisions of international judicial bodies. The purpose of the scientific article is to substantiate the need to unify the norms of international law with a reflection of the generally recognized position regarding the concept of "electric energy (power)" and the formation of the author's vision of the definition of this term.The author examines in detail the positions regarding the understanding of this term in international acts of various international organizations and judicial instances, emphasizes the importance of international unification in this direction, expresses the author's position on the meaning of the dynamically developing spheres of activity and economy of each modern state. Each State is called upon not only to provide its citizens and their collective entities with electric power resources on a safe and uninterrupted basis, but also to implement these functions in international relations regulated by acts of international law. The importance of the unification of the concept of "electric energy (power)" as a tool for the approximation of the legislation of individual countries aimed at fst)" in the acts of international law is designed to ensure both energy security and the identity of national legal regulation by including in the sources of law to the maximum extent textually and essentially similar from a legal point of view categories and their definitions. A special contribution of the author is to conduct a detailed analysis of numerous acts of international law (normative, judicial), which include in their content the concept of "electric energy (power)", the characteristics of various positions, carrying out their comparative characteristics. The novelty of the research is reflected in the formation of an opinion regarding the understanding of the legal category "electric energy (power)", its reflection in the author's definition.

Keywords: definition, legal category, electric power industry, energy, energy supply, electric energy, acts of international courts, international organization, international law, regulation

DOI: 10.7256/2454-0706.2018.11.28009

Abstract: The object of this research is the integration bloc at the stage of the Customs Union and higher levels. The subject of this research is the political system of such union as a new type of political organization of the society. The focus of attention is the problem of determining the presence of political system within integration blocs. The author gives a conceptual insight into the nature of such political system, the process of their origination and development, as well what role is played by political actors in this process. An attempt is made to structuralize the system under consideration, as well as describe its key levels. The author examines the peculiarities of development of the political process. The accomplishments of Gabriel Almond’s structural-functional approach and David Easton’s systemic approach underlie the methodological foundation of this work. The political system of integration bloc is considered through the categories “entrance – exit – feedback”; the particular provisions of the theory of multilevel governance are applied. The author’s main contribution lies in identification of the key distinctions between the national and supranational political systems, determination and description of the levels of the latter, as well as exposition of the mechanism of political process. The acquired results advance the methodology of integrative research and comparative approach in political science overall, allowing to conduct the analysis of sustainability of political objects of supranational level, as well as the backbone for political forecasting.

Keywords: Integration, Multilevel governance theory, Regional integration, Methods of international intagration studies, Structural functionalism in integration blocks analysis, Political system of integration block, Political system, Structural Functionalism, Comparative studies methodology, Multilevel governance

DOI: 10.7256/2454-0706.2019.4.29351

Abstract: The subject of this research is the political, demographic, and socioeconomic processes taking place in the European Union. The analysis demonstrates that the strong clash between the Euro-integration and Euro-skeptical trends within theoretical discussions and at the level of policy implementation, manifests as the result of crisis of the Euro-Integration processes. Crucial significance attains the assessment of effectiveness and correspondence with realities of current development of the mechanism and patterns of interaction in the context of this integration community. The goal of this work lies in identification of the causes led to such type of crisis phenomena, as well as alternative ways of their overcoming. The following conclusions were made: the clash of various positions with regards to the expansion of EU boundaries and magnitude of Euro-integration leads to imbalance of political powers and growth of Euro-skepticism, which in turn, justifies the fluctuations in the EU strategic course; the existing difference in economic level of the EU member-states lead to escalation of disagreements in the overall EU economic policy; the fundamental differences are observed in the question of the division of powers between the EU communitarian bodies and national governments. Namely these three problems and methods of their solution represents conceptual alternatives to the development of the European Union. Without their fundamental resolution and reformatting of the institutions and policy of the European Union, further Euro-integration is doubtful.

Keywords: European Union enlargement, Member States, Euro-integration structures, crisis processes, Euro-skepticism, Euro-integration, European Union, European Union institutions, Fourth Industrial Revolution, forecasts

DOI: 10.7256/2454-0706.2014.1.10647

DOI: 10.7256/2454-0706.2014.1.52135

Abstract: The article is dedicated to the ratios of decisions of the Constitutional Court of the Russian Federation with the decisions of the EuroAsian Economic Community Court and to the analysis of the existing mechanism of the distribution of powers of state and supranational judicial control bodies on the issues of customs and ancillary rights. The analyzed theoretical model of the distribution of powers is compared with the actual working mechanism of distribution on the example of the already existing collisions. The competence of the Constitutional Court of the Russian Federation and that of the EuroAsian Economic Community Court are being considered; the collision aspects in the competence and activities of both judicial bodies are being identified. The analysis of the existing legal norms and the comparison with the existing practice of the judicial control of the customs regulations constitutes the methodology of the study. The legal acts of the EuroAsian Economic Community Court are an integral part of the system of the sources of public law of the Customs Union. They are binding, final and in a number of cases (for example, the decisions of the EuroAsian Economic Community Court in a particular case) are directly applicable acts. This analysis leads to the conclusion that with respect to legal acts within the EuroAsian Economic Community, the Constitutional Court can make an inspection only of the international treaties that did not come into effect. The international treaties that came into effect and the decisions of the Commission of the Customs Union and the ones of the EuroAsian Economic Community can be disputed only by the EuroAsian Economic Community Court. At the same time the legal acts of the Constitutional Court of the Russian Federation relating to the interpretation of the rules of the Customs Code of the Russian Federation have not lost their legal force and shall be applied with respect to the existing regulation of the customs relations that can lead to collisions of the decisions of the Constitutional Court of the Russian Federation and the EuroAsian Economic Community Court.

Keywords: Constitution of the Russian Federation, the Eurasian Economic Community, EurAsEC Court, international treaties, supranational authorities, judicial control, the Customs Union, decisions of the Constitutional Court, the Customs Code and Public Law.

Abstract: Despite the fact that the principle of flexibility was first introduced into the legal field of the European Union by the Amsterdam Treaty of 1997, it was formed long before that as a political principle, was voiced by leading European politicians and acquired various forms in their vision. Based on the study of the evolution of the political principle of flexibility, we can talk about the existence of various concepts of flexibility and, accordingly, distinguish several forms of such. Different researchers distinguish an uneven number of forms of flexibility: from three to six or more. In the article by G.R. Shakhutdinova, the basic concepts of flexibility are considered in more detail.

DOI: 10.7256/2454-0706.2018.3.25732

Abstract: The subject of this research is the legal regulation of electronic government within the framework of European law (law of the European Union). The article examines various initiatives, informative acts (development plans, concepts), as well as normative acts (by-laws, directives) that regulate different aspects of electronic (digital) interaction between the EU citizens and government authorities of the member-states and authorities of the European Union. The author reviews the key vectors, areas of legal regulation of e-government that fall within the jurisdiction of European Union. The article acknowledges the achievement in the area of legal regulation of e-government and separate aspects of legal regulation of the indicated questions at the European level. The scientific novelty consists in analysis of the set of normative, consultation, and policy acts of the European Union with regards to electronic government. The author determines the key directions, fields of development of the European legislation pertinent to regulation of various aspects of digital interaction between the citizens, government authorities, and authorities of the European Union. It is claimed that the main emphasis of the European law is put on the development of the elements of e-government that ensure the growth of single market, which particularly manifest in legal regulation in terms of the European law: digital exchange of customs documents; identification procedures (digital signature); resolution of commercial disputes in digital regime.

Keywords: concept, telecommunication means of communication, the Internet, authorities, prospects, digital interaction, E-government, development prospects, European Union, normative act

DOI: 10.7256/2454-0706.2018.4.26122

Abstract: The subject of this research is the legislation of institutions of the European Union in the area of development of the European Energy Union. The object of this research is the documents of institutions of the European Union: European Commission’s Third Report on the State of the Energy Union; Decision on establishment of the information exchange mechanism regarding the intergovernmental agreements and non-binding documents between the EU member-states and the third countries in the area of energy; and the measure on ensuring security to gas supply to the European Parliament of the Council of the European Union. Special attention is given to examination of the regulation of documents dedicated to the improvement of energy efficiency of the economies and reduction of dependency of the EU member-states on the import of energy products from the third countries. The main conclusion consists in the statement that the European Union continues forming the political legal foundation for the Russia-European Union relations in the area of energy. The scientific novelty lies in examination of regulations regarding the three levels of crisis situations, caused by the disruption of gas supplies to the EU member-states; the first of which is the level of early prevention, second – level of informing, and third – level of emergency situation. The author’s main contribution is the determination of danger to Russia, which can be inflicted by the application of legal norms of the European Union in the area of energy.

Keywords: Decision, Communication, European Parliament, Council of the EU, European Commission, EU Member States, European Union, Regulation, energy, solidarity

Abstract: Successfully fighting money-laundering is absolutely necessary for the free development of international commerce. In order to make this fight more effective, more and more states should be included into it. This article by I.A. Ilkiv is devoted to perspectives of international cooperation in this sphere…

DOI: 10.7256/2454-0706.2024.1.69385

Abstract: The subject of the study is the political and legal processes of the formation of the common financial market of the EAEU, the processes of harmonization of legislation on banking and insurance services, as well as legislation on the securities market. The article examines the regulatory and conceptual foundations of the common financial market of the EAEU, draws parallels with similar processes in the European Union ("Lamfaloussi process", "Larosiere Process"). The concept of the formation of the common financial market of the EAEU in 2019 is analyzed in detail, its key components are highlighted. The emphasis is placed on the prospects of creating a supranational regulatory and supervisory authority as a necessary element of the emerging common market, some potential problems along this path are highlighted ("multi-speed integration", political differences), and the importance of taking into account the processes of digital transformation of financial services in the formation of a common market is pointed out. Research methods – analysis, synthesis, comparative legal (comparative) analysis, problem-chronological approach, as well as analysis of official documents. The scientific novelty of the article is determined by the relevance and constant dynamics of legal regulation of financial integration issues in the EAEU, elements of comparative legal analysis of models for building a common financial market of integration associations. The article analyzes the EAEU regulations and reports on the progress of building a common financial market, provides a comparison on a number of parameters of financial integration between the EAEU and the EU, and complements the theoretical definition of the term "common financial market". Based on the data obtained, the most promising directions for building a common financial market are recommended (digitalization of banking services, possible transition to a single currency, options for creating a supranational supervisory and regulatory mechanism in the financial sector), some problems and obstacles to the formation of a common financial market are identified.

Keywords: financial integration, investitions, insurance services, banking services market, financial services, EAEU, eurasian integration, internal market, financial market, European Union

Abstract: Variety of forms of government within the multi-tier European structure shows how a state becomes “fractured”, while part of its functions is passed to the European community as a whole, to some specific EU states, whose actions cause consequences for the EU as a whole, and also to some public bodies and NGOs. It also means new forms of management within the multi-level procedure, in particular, with reference to the issue of competence. This article touches upon the constitutional-legal aspects of distribution of responsibility and norm-creating powers in the sphere of government, and also includes a review of existing forms of government.

Abstract: Rights of the Russian-speaking minority in the Baltic states are, plainly speaking, in a catastrophical situation, and this fact has a special meaning, considering the membership of the Baltic states in the EU and the Counsil of Europe. Since one of the key spheres of activity of the Council of Europe is protection of human rights, it seems reasonable to apply existing mechanisms of this intergovernmental organization in order to protect the Russian-speaking minority…

DOI: 10.7256/2454-0706.2018.8.27183

Abstract: This article is dedicated to examination of hoe the modern codified legal system of the state of Romano-Germanic legal family correlates with the case law system of Great Britain. The author analyzes some common and distinct aspects of Anglo-Saxon and Romano-Germanic legal systems, as well as studies the shared experience and means that helped both systems to reach similar solutions for mutual problems. Comparative analysis of the corresponding legal systems is conducted with consideration of the current United Kingdom’s membership in the European Union, as well as the future Brexit. The article starts with the description of issues of the current legal space of the European Union, and then analyzes the core of the differences between Anglo-Saxon and Romano-Germanic legal systems. Relevance of this research is substantiated by the UK’s withdrawal from the European Union. The author also explores the problems both sides are facing as a result of Brexit. For many years, the European Union assisted the convergence of Anglo-Saxon and Romano-Germanic law. However, currently Brexit leaves Ireland and Cyprus as the only two countries with Anglo-Saxon legal system in the European Union, which in turn, can lead gravitate the EU legislation towards Romano-Germanic legal family, with low consideration of the principle of Anglo-Saxon system of law.

Keywords: codification, precedent, common law, civil law, Brexit, European Union, law, United Kingdom, statute, code of law

Abstract: In accordance with the Art. 6 of the Criminal Code of the Russian Federation criminal prosecution is recognized as one of the means and elements of criminal legal procedure. This article is devoted to studying the nature of criminal prosecution, its forms and kinds. It also contains analysis of positions of key scholars and legal practitioners in this field, such as A.M. Larin, S.V. Viktorsky, M.S. Strogovich, M.P. Kan, A.G. Haliulin, O.D. Zhuk. Authors pay attention to various problems, related to recognition of criminal prosecution as an institution of Russian criminal law.

DOI: 10.7256/2454-0706.2017.12.19360

Abstract: This article explores the relations between the regional trade agreements (RTAs) signed within the framework of the WTO or by WTO. To examine the object of relationship between RTAs and WTO, the subjects of the research are the regime of most favoured nation (MFN), regional trade agreements, as well as the legal nature of the WTO and responsibilities it sets. The author creates a visual example to demonstrate how countries violate the regime of MFN using RTAs. The work explores the practice of the Dispute Settlement Body of the WTO on this issue, as well as provides theoretical substantiation on why signing RTAs does not mean violating the law of WTO de lege lata. Theoretical conclusions of some of the research leads the author to conclude that regional trade agreements represent lex posterior or lex specialis with regards to responsibility of the states before WTO.

Keywords: GATS, GATT, most favoured nation treatment, World trade organization, Regional trade agreements, WTO law, WTO Appellate body, State obligations, Contractual model, Constitutional model

Abstract: O. Y. Kosova's article is devoted to the right to receive social and financial support and role of the state in ensuring support of its citizens on welfare. In this article one can find the study of the international legal standards, legal mechanisms and particular methods of legal reglamentation of the social relations regarding social and financial support of this category of citizens. Author also provides analysis of a number of issues regarding alimony payments.

Abstract: This article by E.S. Alisievich contains analysis of the interpretation practice of the European Court of Human Rights. This practice is of key importance for understanding of the guarantees of rights and freedoms of people in accordance with the European Convention on human rights.

Abstract: The category of public subjective rights was probably known to the scholastics of the Spanish school, and from them it transferred into the Protestant theology. However, it was George Ellinek in late XIX century, who for the first time developed this category into a whole concept. His concept clearly had in its background the doctrine of his renowned contemporary Paul Laband…

Abstract: While studying the legal theory and judicial practice of the Western states in the sphere of inviolability of the private life, one should note the broader approach to this concept compared to the Russian Federation. For our legal tradition it is more typical to include various aspects of this right to other rights and freedoms of an individual, such as right to freedom, freedom of speech, freedom of conscience. At the same time in our practice many important aspects of the right to inviolability of private life remain outside the scope of this right, and at times, outside of the scope of legal protection all together.

Abstract: The trade policy of the European Union causes much interest in Russia for the obvious reasons: the economical ties between the EU and Russia have lately became very strong. This article by I.B. Gordanov contains the analysis of the basic documents of the EU related to the issues, as well as of practice of the Court of the EC. Author then comes to a conclusion that EU successfully strenghtens its positions in the relations with the other countries and international economic organization via its policy.

Abstract: This article, which was written by the Judge of the Federal Constitutional Court of the Federal Republic of Germany G. Lubbe-Wolff together with V. Hellmann, is devoted to the topical problems of theory and practice of execution of sentences (within the context of deprivation of freedom) in Germany, and it contains a detailed analysis of position, rights and duties of prisoners under the German law. In addition the authors review the problems of deprivation of freedom applied to the youth, which, as the authors contend, may soon become an issue at the Federal Constitutional Court of the Federal Republic of Germany.

Abstract: The adoption of the Treaty establishing a Constitution for Europe has once again spurred discussions around the so-called principle of flexibility in the European Union. In the text of the Agreement, the term "advanced cooperation" is used to designate it. Advanced cooperation within the European Union is the in-depth integration of a certain number of member States of the European Union in any field using the institutions, procedures and mechanisms of the Union, open to all other member States of the Union…

Abstract: Existing models of interaction between the ombudsmen and the judicial systesms of the Baltic States are of interest from both the theoretical and the practical standpoint. This article reviews these issues, while taking into account the experience of other states of the world and the views of legal scholars…

Abstract: As a result of heated debate the Governments of the EU Member States stopped trying to rehabilitate the European Consttution. Instead they now offer the Correction Agreement. The goal of this article is to evaluate the influence of above-mentioned events on the judicial system of the European Union as a whole…

Abstract: Y.V. Samovich’s artricle is devoted to evaluation of Russian legislation and practice on the limitation of person’s right for judicial protection in correlation with the practice of the European court of human rights, and the article contains examples of specific cases. As the author notes, correlation shows the value of the harmonious approach to the issue…

DOI: 10.7256/2454-0706.2020.7.33203

Abstract: This article is dedicated to the question of regionalization. The authors note that regions begin to play a more important role in the local and global political processes. Special attention is given to the “old” and “new” regionalism. The application of comparative method alongside the method of analysis and synthesis allowed determining the characteristic features of the two types of regionalism. If the “old” regionalism suggests a complicated system of relationships on different levels, partial transfer of state sovereignty, the peculiarities of “new” regionalism include the rejection of bureaucratic supranational institutions, equality of participants, and opportunity to be a member of other organizations. The article also describes the attributed to Russian and Near Eastern regionalisms. The problem of choosing the model of Russian regionalism is determined by the need for development of such value within the political culture as federalism. Despite repeated attempts, Near Eastern regionalism remains underdeveloped, which is substantiated by the simmering conflicts, ongoing wars, as well as external interference to the domestic affairs of other states. The scientific novelty consists in the comprehensive coverage of theoretical aspects of regionalism and comparison of its types. The authors conclude that the potential of “new” regionalism should be used for settlement the issues of regional (growing into global) character.

Keywords: European Union, transregionalism, new regionalism, old regionalism, regionalism, regionalization, region, ASEAN, Russia, Middle East

Abstract: The problems of formation and development of ecological law at all levels - international, national, inter-state and regional - cause interest of legal scholars and practitioners of all states. This article includes review of the book “European Convention and Future of European Environmental Law”, published in 2003 by Europa Law Publishing.

DOI: 10.7256/2454-0706.2015.2.8854

Abstract: Activation of the Eurointegrational processes, reforms within most of the European countries in the area of local self-governance and regional development and their cooperation on various levels determines the coming together of territorial communities, their authorities and government officials, associations of the branches of local self-governance, etc. The result of implementing programs such as “Europe of Regions” and “Europe of Communities” evidently became the forming of the European system of local and regional self-governance, which can be defined as a combination of the main structural elements, subjects and forms of implementation of the local and regional self-governance, through which the European countries, their territorial communities, local and regional branches of authority, population, as well as international organizations (Council of Europe, EU, OSCE, BSEC) ensure the realization of right to self-governance, related functions, and carry out the set responsibilities. The article analyzes the methods of creation of such system, the principles, bases and subjects, legal-contractual and institutional mechanisms of ensuring and implementing this system. In author’s opinion, the legalization of its existence lies in the European Municipal Law, which is simultaneously characterized by the features of international law, supranational, as well as internal national law.

Keywords: Systems of self-governance, Regional self-governance, Principles, Terriotorial communities, Associations, Euroregions , Municipal law, Regional development, Transboundary cooperation, Charter

DOI: 10.7256/2454-0706.2015.2.52367

Keywords: Systems of self-governance, Regional self-governance, Principles, Terriotorial communities, Associations, Euroregions, Municipal law, Regional development, Transboundary cooperation, Charter.

DOI: 10.7256/2454-0706.2013.2.51922

Abstract: The author of this article provides political comparative analysis of such integration unions as the EEC, the CIS and the EU. He proves that currently the EEC and the Customs Union are the most developed integration projects, and they have a real chance to achieve impressive results on the CIS territory. Currently the EEC and its five participants form an unique integration formation, which has some principal differences from both the CIS and the EU, therefore, comparisons of these formations are either superficial, or based on formal similarity in some respects.

Keywords: political science, the EEC, the CIS, the EU, integration, customs, union, analysis, unity, project.

DOI: 10.7256/2454-0706.2013.2.51923

Abstract: This article is devoted to the practice of the European Court of Human Rights on the cases on violations of Art. 8 of the European Convention on Human Rights and Basic Freedoms, namely, to the guarantees of rights for respect of family life. The deportation of migrants by the national governments of the Member States of the Council of Europe often leads to violation of the above-mentioned right, which may lead to the address of a person to the ECHR. The author provides brief analysis on the position of the European Court of Human Rights, the guiding principles towards the evaluation of activities of national governments, as well as the existing legal basis for the interpretation of Art. 8 of the European Convention.

Keywords: jurisprudence, the European Court, the European Convention, Art. 8, migrants, deportation, rights, violation, family, protection.

DOI: 10.7256/2454-0706.2014.3.10977

DOI: 10.7256/2454-0706.2014.3.52162

Abstract: The topicality of the article is due to the fact that Eurointegration in the Eastern Europe is especially topical today, and it is among the main daily news due to the events in the Ukraine. The role of Moldavia in the modern Eurointegration processes in the Eastern European territory is one of the most important points of the large-scale program of the European Union on strengthening its influence in the Eastern boundaries, and it also serves as a practical example of the “Eastern Partnership” program. The article is devoted to the initiating of the Treaty of Association between Moldavia and the European Union. The author analyzes the results of the Vilnius Summit and the prerequisites for the modern democratization in Moldavia. The goal of the article is to show the nature of the ongoing political process in Moldavia and to give a forecast for the future situation. The article includes a detailed analysis of the formation of the Romanianism in Moldavia and its influence upon the political processes in Moldavia, as well as the political process in Moldavia, which lead to the initiation of the Treaty of Association with the European Union. The scientific novelty of this article is in the analysis of the events, which took place quite recently, with the reference to the new topical materials and documents, allowing to provide a more complete picture of the events in Moldavia. The topic of Moldavian Eurointegration is not sufficiently studied. Currently there not many publications on this issues, especially those concerning the information of the latest events.

Keywords: Moldavia, the USSR, European cooperation, the Eastern Partnership, riots, geopolitical interest, Romania, association, initiating a treaty, the EU.

DOI: 10.7256/2454-0706.2015.3.14673

Abstract: Issues of global integration and regionalization are becoming more and more relevant. There is a large number of regional institutions located across different continents, dealing with various aspects of integration. A special place among them take the organizations that work within the legal sphere. This article focuses on the Inter-African Conference on Social Insurance, the main activity of which is to harmonize the laws of the member-states in the field of social insurance. Inter-African Conference on Social Insurance is a narrow profile African regional organizations operating within the framework of the franc zone states. This article describes the history of its creation, functioning issues, institutional structure, the regulations developed thereunder, as well as the impact that it has upon the national law of the member-states and the aspects of integration in the field of migrant workers’ rights on a regional scale.

Keywords: international obligations, secondary law, intagration, worker's rights, social insurance, national law, supranational law, regional law, international law, international contracts

DOI: 10.7256/2454-0706.2015.3.52378

Keywords: international obligations, secondary law, intagration, social insurance, national law, supranational law, regional law, international law, international contracts

DOI: 10.7256/2454-0706.2015.3.14601

Abstract: This work focuses on the protection of population from infectious diseases in Europe, including modern approaches to infection control in the European Union. Plague, smallpox, cholera and other infectious diseases followed European history for centuries, killing millions of people. This forced the people to seek out solutions, often intuitive methods of countering the effects of the diseases. Many of these methods later turn mandatory and converted into anti-epidemic measures, some of which are still widely used today. The genesis of these measures in Europe, as well as modern legal aspects of fighting against infectious diseases in the European Union is in the focus of this article. The research methodology is based on the use of general theoretical methods, including logical generalization, analysis, and special legal methods, including formal-legal method. In this article, the author for the first time investigates development of the law of the European Union on regulatory control of communicable diseases in historical retrospective, and describes the actual content of relevant regulations of the EU. Many of the acts cited in this work have never been translated into Russian or analyzed in the Russian legal literature before. The author analyzes the content of these legal norms and draws conclusions about EU's current system for countering threats of biological origin.

Keywords: bioterrorism, disease control, epidemiologic surveillance, sanitary well-being, infectious disease, European law, European Union, biosecurity, World Health Organization, Ebola virus

DOI: 10.7256/2454-0706.2015.3.52379

Keywords: bioterrorism, disease control, epidemiologic surveillance, sanitary well-being, infectious disease, European law, European Union, biosecurity, World Health Organization, Ebola virus

DOI: 10.7256/2454-0706.2013.3.51936

Abstract: The article is devoted to the ideas, primary landmarks of the uniting strategy in the North America, with the due attention paid to the NAFTA economic block. The factors, which facilitated integration are viewed by the author, taking the relations between the USA and Canada. Much attention is paid to the factors, which influenced the integration at the current time, and the author provides a perspective overview for the future. Attention is paid to the relations between the NAFTA and the EU, the Mercosur, and other results of the uniting strategy in the American continent (such as the ALADI, the ALCA, etc.). The goal of the study is to show the patterns of development of the integration processes in the North America. The author uses comparative legal method, as well as historical, dialectic methods, and specialized scientific methods.

Keywords: jurisprudence, North American, integration, NAFTA, the USA, Mexico, ALCA, Mercosur, the All-American zone, free trade.

DOI: 10.7256/2454-0706.2016.4.15129

Abstract: The subject of this research is the system of voluntary registration of organizations and sole proprietors engaged in development and realization of the EU policy and working with the European Parliament and the European Commission. The author examines the principles of registration of lobbyists, the structure and sphere of activity of the transparency register, the rules applied towards registrants, measures of encouragement of registration, as well as measures implemented for violations of the code of conduct, contained in the current interinstitutional agreement in comparison to its predecessor. The author analyzes the legal acts passed by the European Parliament and European Commission aimed at regulation of relations between the special interests representatives and EU officials. The scientific novelty of this research consists in the fact that the interinstitutional agreement, passed by the European Parliament on April 15 of 2014, has not been the subject of study of Russian researchers until now. At the same time, the positions contained within this agreement, as well as opinions and comments of interested parties in the regulation of lobbying on the EU level, testifies to the gradual shift of the European means of regulation of these relations towards the American model, the embodiment of which is the American Lobbying Disclosure Act.

Keywords: Interinstitutional agreement, lobbyist, special interests representative, interested party, lobbying, European Commission, European Parliament, European Union, transparency register, code of conduct

DOI: 10.7256/2454-0706.2016.4.52616

DOI: 10.7256/2454-0706.2016.4.18567

Abstract: The subject of this research is the corporate laws of the BRICS countries. The problematics of this association in Brazil, Russia, India, China, and South Africa lately attracts a higher number of financial experts, scholars, and politicians. But this article contains results of a solution to a principally different issue. Having compiled and analyzed modern scientific material and current corporate legislation of the BRICS countries in the area of corporate contractual associations, the author carefully examines such aspects of the topic as the functionality and order of general and limited partnerships in the countries in question. The scientific novelty of this research is defined by the fact that this work in essence represents a first diverse, systemic and comprehensive research of the issues of legal regulation of the activities of contractual forms of business within the BRICS countries, conducted using modern scientific legal material, including materials from law enforcement.

Keywords: contractual associations, Brazil, China, SAR, India, Russia, BRICS, business , partnership, limited partnership

DOI: 10.7256/2454-0706.2016.4.52617

Keywords: contractual associations, Brazil, China, SAR, India, Russia, BRICS, business, partnership, limited partnership

DOI: 10.7256/2454-0706.2015.4.14497

Abstract: This article is dedicated to the research of the global integration processes with participation of Russia, including the sphere of international commerce. The object of the research is the activity of Russia within such organizations as WTO and Customs Union, which requires research on the issues of adopting the rules of foreign trade to the social and economic conditions of country’s development, taking into account the environmental component of this development. The special relevance lies in the expansion of the issues related to the development of legal regulation of industrial activity, financial and landing provisions of this activity, and insuring the economic security of Russia under the conditions of its membership in the WTO and Customs Union. It is necessary to recommend the legislator to devise adequate mechanisms for state regulation within the current situation in Russia.

Keywords: mechanisms of regulation, foreign organizations, foreign economic activity, economic policy, food security, health of humans, protection of life, technical regulations, internationale trade, regulation of industrial activity

DOI: 10.7256/2454-0706.2015.4.52399

Abstract: The article is devoted to the analysis of legal positions of the ECHR in sphere of protection of human rights of persons with mental diseases. Based on the analysis of the precedents it is established that the general paradigm, which predefi nes the logic of the legal approaches of the ECHR to this issue is the following: the persons with mental diseases require special protection from the state and additional procedural guarantees due to their vulnerable states. The author studied the approaches of the Court towards the legality of for involuntary hospitalization, and deprivation of legal capacity, which are most wide-spread and serious cases of interference into the life of persons, who have mental diseases. Then the author generalizes and formulates the criteria, which the ECRH applies, when establishing the facts of violations of the Convention towards the category of people, which was described above. The article includes some thoughts on improvement of the Russian legislation in this sphere.

Keywords: jurisprudence, the ECHR, the European Court of Human Rights, The European Convention of Human Rights, psychiatry, hospitalization, lack of legal capacity, legal capacity, health, illness, disease.

DOI: 10.7256/2454-0706.2013.7.52011

Keywords: jurisprudence, innovative economics, nanotechnologies, regional integration unions, common economic and legal territory, general legal norms, framework programs, the European Union, integration law, innovative economic activities.

Abstract: The article is devoted to the key landmarks of the formation of the energy law of the EU. It is stated that the energy law of the EU is a complex sphere of law, which is complex and multi-faceted. The accent is on the studies of normative basis for the energy law of the EU, this branch is studied as a number of sub-branches, such as legal regulation of oil energy, gas energy, electric energy, renewable sources of energy, energy effi ciency and nuclear energy.

Keywords: jurisprudence, energy law of the EU, the branch of law, complex branch of law, historical development, oil and gas energy, electric energy, renewable sources of energy, energy effi ciency, nuclear energy.

Abstract: The legal status of asylum-seekers in EU is analyzed in this article. Much attention is paid to the legal basis laying down minimum standards for the reception of asylum seekers. The conditions of establishment and functioning of the Common European Asylum System are analyzed. Signifi cant attention is paid to the criteria and mechanisms for determining the Member State, which is responsible for examining an asylum application lodged in one of the Member States by a third-country national. The article also concerns minimum standards on procedures in Member States for granting and withdrawing refugee status and minimum standards for giving temporary protection in the event of a mass infl ux of displaced persons.

Keywords: third-country national; Refugee; asylum; asylum-seeker; common European asylum system; conditions fo

DOI: 10.7256/2454-0706.2016.8.16644

Abstract: The subject of this article is the activity of the European expert analytical centers, which attracts substantiated academic interest in the area of applied and theoretical research. The relevance lies in the questions associated with the functional responsibilities of similar centers, their sponsorship, presence or absence of the ideological component, and most importantly, level of their influence upon the process of domestic and foreign policy decision-making. In the conditions of complicated circumstances in Russia-Europe relations, a more adequate understanding of the latent mechanisms of functioning of the European policy seems necessary. Due to this fact, the authors note the need for an in-depth analysis of the forms and active work of the EU oriented expert analytical centers. The authors made the following conclusions based on the analysis of the EU oriented expert analytical centers: in general, the increase of the number of expert centers complies with the extension of European integration and expansion of control; as a rule, the research of the analytical centers, correspond with the EU political realities and its impact upon the domestic legislation alongside the increased awareness of actions. The analytical centers located in Brussels and oriented exclusively towards EU were established at the time when EU member-states agreed to rejuvenate the European project, finish the internal market, and revisit the possibility of the economic and currency union. Naturally, the national expert analytical centers located in the EU member-states began developing more sequential versions of the research programs on the EU topic. It is evident that the national centers have captured the rising opportunity to affect the all-European political agenda and reacted with the activation of their own work.

Keywords: decision-making process, political planning, lobbying, political technologies, political process, political expertise, analytical institutions , political forecast, political analysis, political elite

DOI: 10.7256/2454-0706.2016.8.52684

Keywords: decision-making process, political planning, lobbying, political technologies, political process, political expertise, analytical institutions, political forecast, political analysis, political elite

DOI: 10.7256/2454-0706.2016.9.19901

Abstract: The subject of this scientific-empirical analysis is the legal support of the national legislative activity in the Republic of Belarus, Republic of Kazakhstan, and Russian Federation, as well as contemporary experience of preparation of legislative bills used in international organizations. In the interests of research the author determines and substantiates the techniques and methods of the legislative work conducted by the Eurasian Economic Commission for the purposes of using the integrational potential of the member-state of the Eurasian Economic Union and competitive advantages of each of these members acting as the interested partners in the unified customs territory. The author addresses the issues of “supranational” lawmaking, determined the characteristic content properties of the delegation of authority by the states in the interests of efficient use of the integrational potential of the cooperating states, and also examines the possibilities of national legislations of Belarus, Kazakhstan, and Russia on ensuring their participation in the lawmaking activity of the integration unions. The author proposes referring to the experience of the legal and methodological support of the joint activity of the state on formation of law of the intergovernmental union proven within the European Union.

Keywords: Legal technique, Lawmaking, National legislation, Intergovernmental integration, International lawmaking, Republic of Belarus, Republic of Kazakhstan, Russian Federation , Eurasian Economic Commission, Eurasian Economic Union

DOI: 10.7256/2454-0706.2016.9.52695

Keywords: Legal technique, Lawmaking, National legislation, Intergovernmental integration, International lawmaking, Republic of Belarus, Republic of Kazakhstan, Russian Federation, Eurasian Economic Commission, Eurasian Economic Union

Abstract: The relations between the EU and the Russian Federation in the sphere of energy are based on two legal pillars. The multipartisan legal base is an EU – initiated agreement to the Energy Charter, which Russia had signed (as well as the Protocol on the issue of energy effi ciency and ecological aspects) in 1994, and it used to apply it till 2009 (including 2009). Having notifi ed the other parties on its refusal to be a member state, Russia noted that it is willing to use positive results of the agreement and discuss its modernization. The position of the EU is to insist on application of the agreement. In 2007 the EU and Russia agreed on further negotiations on the new agreement, which shall include a chapter on regulation of relations in the sphere of energy, and it is currently the 12th round of negotiations.

Keywords: jurisprudence, Russia, the EU, law, politics, contract, agreement, energy, power industry, negotiations.

Abstract: The authors evaluate the most topical issue of energy law of any modern legal order, that is the interaction of energy law and environmental law. Taking the EU legislation as an example, the authors evaluate the changes which the energy law undertakes under the infl uence of the environmental law. The authors analyze the issues of legal regulation of energy effi ciency, fi ghting global warming, development of the renewable sources of energy, development of environmentally clean technologies, lowering carbon dioxide emission and other issues in the European law.

Keywords: jurisprudence, the European law, the energy law, the environmental law, environmental protection, energy effi ciency, fi ghting global warming, development of the renewable sources of energy, development of environmentally clean technologies, lowering carbon dioxide emission

Abstract: The article is devoted to the experience of cooperation of the EU with the states of Africa, Asia and Latin America. The author studies the modern approach to the relations of the EU within the framework of the globalization policy of facilitation of development, he pays attention to international legal aspects of such relations.

Keywords: jurisprudence, international law, the European law, law of international organizations, international cooperation, law of international economic aid, the EU, developing states, regional integration unions, principles of cooperation.

Abstract: The Lisbon Treaty, which amended the treaties establishing the EU and the EC Treaties, was signed on December 13, 2007 and it came into force on December 1, 2009. This treaty was a cornerstone to the legal grounds of the activities of the Member States of the EU and the energy companies in the inner energy market of the EU, as well as to the relations of the EU with the leading producing states and transit states for energy carriers, including Russia and the newly independent states. The EC Treaty, which after being renamed by the Lisbon Treaty, became called the Treaty on the Functioning of the EU, for the fi rst time included new 5 articles and the Declaration, which are devoted either fully to energy issues, or include energy-related provisions.

Keywords: Jurisprudence, law, European Union, the founding, the agreement, the institutions, the Council, the European Commission, European Parliament, the Energy

Abstract: Mechanisms of cooperation of the justice bodies of the EU states have been subjected to suffi cient changes. Initially classic cooperation was defi ned as cooperation of states in the sphere of criminal justice. Later on the cooperation included direct cooperation of the justice bodies. Currently the cooperation among the justice bodies of the member states came to a new level and includes partial integration of legal and judicial systems, so it is qualifi ed among the legal scholars as cooperation based on mutual recognition of judicial decisions.

Keywords: jurisprudence, the European law, mutual recognition of judicial decisions, justice bodies of the EU members, Directives, cadre solutions, convention law, advanced cooperation, classic (inter-government) cooperation, judicial law.

DOI: 10.7256/2454-0706.2013.10.9534

DOI: 10.7256/2454-0706.2013.10.52063

Abstract: The specific feature of the modern global order is the transfer or disease incidence from infectious to non-infectious pathology, which is much due to a number of risk factors, one of which is unhealthy diet. Since the changes in the diet are due to global cultural processes, attempts to solve this problem at a national level faces considerable difficulties. That is why, the European Union actively pays attention to healthy diet and nutrition. The goal of this article is analyze legal and organizational measures taken at the Community level in order to make the diet of the population healthier. The article includes detailed analysis of priority directions of the EU policy in the sphere of healthy nutrition, including consumer information, access to healthy choice, support of physical activities, and attention to priority groups. The author studies main legal and political documents, as well as legal and health cared doctrines, including opinions of legal scholars and health care officials on this issue.

Keywords: medicine, the European law, health cared, health, nutrition, the European Union, healthy diet, healthy nutrition, noninfectious diseases, prophylactics.

Abstract: Since the achievements of the cell biology are novel for all of the legal systems of the states in the world, the analysis of the foreign experience of its regulation are of much practical and theoretical interest. The experience of the EU is especially valuable, since the EU is one of the leaders in the sphere of development of cell therapy, and it possesses quite a specifi c legal system. This article is devoted to the analysis of the EU experience in this sphere. The author analyzes topical community legislation, which regulates the procedure of access of advanced medications into the market, specifi c features of classifi cation of such products and requirements to them. Based on the analysis, the author comes to the conclusion on the need to optimize the legal regulation in this sphere in the Russian Federation.

Keywords: jurisprudence, cells, tissues, bio-security, effi ciency, the European Union, studies, research, treatment, bio-materials, technologies.

DOI: 10.7256/2454-0706.2016.11.12559

Abstract: The subject of this research is the legal grounds of protection of the objects of intellectual property by the Customs Union agencies. The author examines the problem of correlation between the international and national legislation of the countries regarding the questions of transfer of the goods containing the results of intellectual property. The work compares the order of implementation of measures on protection of the intellectual property objects within the framework of the registry deliveries control by ex officio, as well as realization of verification measures after the release of goods. The author analyzes the administrative legislation of three countries pertaining to the questions of expiration of statute of limitations for customs law violation. The method of comparative jurisprudence is implemented for analyzing the positions of legislation of the Customs Union member-states regarding the questions of protection of the intellectual property objects. Majority of the norms, which regulate that protection of the intellectual property objects by the customs agencies, is contained in the national legislation of the Customs Union member-states. The author believes that there is a need to unify legislation in the area of administrative accountability for violation of rights upon the objects of intellectual property, introduce it at the supranational level, as well as set a three-year term of limitations on this matter.

Keywords: Unification of administrative legislation, Customs Code , Protection of intellectual property, Control after the release, Customs Union member-states, Customs agencies, World Trade Organization, Ex officio, Intellectual property, Customs Union

DOI: 10.7256/2454-0706.2016.11.52729

Keywords: Unification of administrative legislation, Customs Code, Protection of intellectual property, Control after the release, Customs Union member-states, Customs agencies, World Trade Organization, Ex officio, Intellectual property, Customs Union

Abstract: The article includes analysis of organization of cooperation between judicial bodies of the EU member states in the sphere of criminal justice. The author reviews the institutions of the European law, which facilitate the ties among the judicial and investigative bodies of the Member States, as well as the key element of such cooperation – the Eurojust.

Keywords: jurisprudence, European law, combined investigative groups, the European judicial network, the Eurojust. The magistrates on relations, judicial bodies of the EU Member States, law-enforcement bodies of the Member States, European Law, cooperation.

DOI: 10.7256/2454-0706.2015.12.17307

Abstract: This article examines the models of choice of law regulation of contracts involving consumers, while separately studying the model chosen by Russian and European legislators. The work explains the notions of passive and active consumers, and reflects the specificity of contract regulation with participation of both of these types of consumers. Based on the analysis of the norms and doctrines, the author determines a number of practical and theoretical problems, thus raising the issue of possibility of the cumulative application of protective imperative norms of several legal orders. It is yet unclear who initiates the application of imperative norms of the country of residence of the consumer – the consumer or the ex officio court. In addition to that, the author raises the question of exactly which imperative norms are subject to application – only those that directly pertain to consumer protection, or any imperative norms of the consumer’s country of residence. Another practical issue is the need for the professional side to consider and know the legislation on consumer protection of all countries in which they conduct business, which carries additional expenses for small and medium business, forcing it out of the international retail market.

DOI: 10.7256/2454-0706.2015.12.52555

Keywords: passive consumers, active consumers, international trade, consumer protection, mandatory norms, party autonomy, European Union, choice of law, consumer agreement, targeted activity

DOI: 10.7256/2454-0706.2014.12.13523

DOI: 10.7256/2454-0706.2014.12.52322

Abstract: The subject of this research is the complex of the legal norms, which were developed in the process of work of the Council of Europe and regulate social relations pertaining to the donation of blood and its components. This work analyzes the recommendations enacted by the Committee of Ministers of the Council of Europe on the various aspects of donation of blood and its components, the biggest part of which has not been translated into the Russian language until now; it also includes the key decisions of the Council of Europe on the human rights related to this topic. The Council of Europe became the first international organization that focused its attention on the issues of blood donation. The Convention for the Protection of Human Rights and Fundamental Freedoms, which acts as the juridical foundation of the human right advocacy of the Council of Europe, does not contain positions that would directly regulate the issues of donorship. This gap however, was later filled by the decisions of the Committee of Ministers, as well as the legal precedents of the European Court of Human Rights. This work is the first to analyze these documents, which allows forming the perception on the spectrum of norms of the Council of Europe that regulate the issues of blood donation.

Keywords: Medical law, biomedical law, blood donation, European law, international law, Council of Europe, Committee of Ministers, European Court of Human Rights, HIV, biosafety.

DOI: 10.7256/2454-0706.2014.12.14003

DOI: 10.7256/2454-0706.2014.12.52323

Abstract: Under the conditions of changing of the unipolar world integrative processes that define the whole process of globalization and regionalization attain a special meaning. At the same time, it is the regionalization and not the globalization that can lead to the establishment of the multipolar world. Based on the historical method of cognition, the author comes to a conclusion that regional communities existed across the whole period of the existence of mankind, and the integrative processes became the intrinsic part of the evolution. Regional integration represents a quite complicated synergetic phenomenon; the author analyzes the concept, types, and classifications of the regional integration, which are stated in the doctrine; classification of the integrative processes within the legislation is being formulated. At the current stage, taking into consideration the integrative processes within the Eurasian region and the creation of the Eurasian Economic Union, forming of the Eurasian law is an inevitable component of the international regional law. This article structures the concept, subject, sources, methods, and principles of the international regional law as a branch of international law; it also reviews the institutionalized and legislative aspects of the Eurasian integration, and substantiates the forming of the Eurasian branch of the legislation and the processes of forming the Eurasian law as sub-branch of international law and scientific and educational disciplines.

Keywords: Eurasian law, integration, regionalization, globalization, legislative system, legislative integration, economic integration, social integration, military– political integration, Eurasian Economic Union.

DOI: 10.7256/2454-0706.2014.12.14004

DOI: 10.7256/2454-0706.2014.12.52324

Abstract: This article presents the functions of the European Commission for the Efficiency of Justice, its purpose, nature and organizational foundations. The mechanism of functioning of the Commission and its structure are being researched. The normative legal acts of the Council of Europe are being reviewed in the article. The author examines certain aspects of functioning of the Commission, as well as describes its cooperation with other branches of the Council of Europe and member states of the Council of the Council of Europe. The author emphasizes that the Commission possesses the analytical and recommendation functions that are used in the cooperation with other member states of the Council of Europe. Separate documents on the Council of Europe and the Commission in particular, along with the results of their work are being analyzed. The author also notes that the key function of the Commission consists in the assistance of implementation of the European standards pertaining to the justice and law enforcement of the member countries.