DOI: 10.7256/2454-0633.2017.1.21838

Abstract: The subject of this research is the historical process of formation of the Soviet and Russian legislation that regulates the property relations complicated by a foreign element, as well as establishment and development of the international legal grounds for cooperation with the foreign states for the purpose of implementation and protection of the property rights of citizens. Based on the analysis of historical experience and modern status of legal regulation of such legal relations, the article demonstrates the legal succession in this field, as well as presents the author's vision of the ways to improve the current civil legislation. Due to application of the sociocultural approach, the rights and freedoms of an individual in Soviet society were viewed as a set of values, the state's attitude to which was different at certain historical stages. The article is first within the Russian science of private international law alongside the civil law to describe the historical process of formation of the mechanisms of realization and protection of the citizens' property rights in the aspect of international legal cooperation, which is based on a comprehensive analysis of Soviet and Russian civil law, international treaties on legal assistance of the USSR and Russia, as well as the archive materials from the Archive of Foreign Policy of the Ministry of Foreign Affairs of Russia.

Keywords: international legal cooperation, Civil code, foundation of civil legislation, Constitution, property relations, international legal assistance, inheritance, Soviet Union, Russian Federation, legal cooperation

DOI: 10.7256/2454-0633.2017.1.68620

Abstract: The subject of this research is the historical process of formation of the Soviet and Russian legislation that regulates the property relations complicated by a foreign element, as well as establishment and development of the international legal grounds for cooperation with the foreign states for the purpose of implementation and protection of the property rights of citizens. Based on the analysis of historical experience and modern status of legal regulation of such legal relations, the article demonstrates the legal succession in this field, as well as presents the author's vision of the ways to improve the current civil legislation. Due to application of the sociocultural approach, the rights and freedoms of an individual in Soviet society were viewed as a set of values, the state's attitude to which was different at certain historical stages. The article is first within the Russian science of private international law alongside the civil law to describe the historical process of formation of the mechanisms of realization and protection of the citizens' property rights in the aspect of international legal cooperation, which is based on a comprehensive analysis of Soviet and Russian civil law, international treaties on legal assistance of the USSR and Russia, as well as the archive materials from the Archive of Foreign Policy of the Ministry of Foreign Affairs of Russia.

Keywords: international legal cooperation, Civil code, foundation of civil legislation, Constitution, property relations, international legal assistance, inheritance, Soviet Union, Russian Federation, legal cooperation

DOI: 10.7256/2454-0633.2017.1.20462

Abstract: This article examines various option of membership termination within the international organizations (disaffiliation of members from an international organization; compulsory termination of membership; forfeit of characteristics for continuation of membership by a state; dissolution of an international organization itself), as well as associated with them international legal issues (termination of membership without the corresponding positions in constitutional documents of the international organizations). The author also analyzes the existing practice, as well as provides certain propositions on this matter. Despite its relevance from the scientific perspective, the topic at hand is yet insufficiently studied within the international law. The available works do not consider the changes that took place in the international life, while this article is aimed at partially filling the existing gap. In conclusion, the author notes that in resolution of the questions of membership termination in the international organizations, it is important to address not only to the positions of constitutional documents of the international organizations, but also the norms of common international law.

Keywords: UN specialized agencies, UN, Dissolution of international organization, Suspension of membership, Exclusion, Disaffiliation, Sanction, Termination of membership, Constitutional documents, International organization

DOI: 10.7256/2454-0633.2017.1.68621

Abstract: This article examines various option of membership termination within the international organizations (disaffiliation of members from an international organization; compulsory termination of membership; forfeit of characteristics for continuation of membership by a state; dissolution of an international organization itself), as well as associated with them international legal issues (termination of membership without the corresponding positions in constitutional documents of the international organizations). The author also analyzes the existing practice, as well as provides certain propositions on this matter. Despite its relevance from the scientific perspective, the topic at hand is yet insufficiently studied within the international law. The available works do not consider the changes that took place in the international life, while this article is aimed at partially filling the existing gap. In conclusion, the author notes that in resolution of the questions of membership termination in the international organizations, it is important to address not only to the positions of constitutional documents of the international organizations, but also the norms of common international law.

Keywords: UN specialized agencies, UN, Dissolution of international organization, Suspension of membership, Exclusion, Disaffiliation, Sanction, Termination of membership, Constitutional documents, International organization

DOI: 10.7256/2454-0633.2017.1.22450

Abstract: The article is devoted to the international legal restriction of belligerent use of means of warfare, which are indiscriminate. Since, despite the active efforts of the global community, violations of one of the main principles of international humanitarian law - the principle of distinction - do not stop, the author gives an overview of the types of weapons that have indiscriminate effect: cluster munitions, incendiary weapons, anti-personnel mines and fuel-air explosives. The author also discloses the aspects of the activities of the United Nations and the International Committee of the Red Cross in the field of limiting the parties to an armed conflict in the choice of means of warfare that contradict the principle of distinction. As a methodological basis for research, the author used the method of system analysis and the comparative legal method. It is evident that there is a need to strengthen the provisions of treaties in the field of restriction of the belligerent use of indiscriminate means of warfare by making these provisions more universal, taking measures towards getting more states to accede treaties in this area, and strengthening their monitoring of compliance with their norms.

Keywords: incendiary weapons, cluster munitions, indiscriminate weapons, means of warfare, IHL, international humanitarian law, anti-personnel mines, fuel-air explosives, ICRC, armed conflict

DOI: 10.7256/2454-0633.2017.1.68622

Abstract: The article is devoted to the international legal restriction of belligerent use of means of warfare, which are indiscriminate. Since, despite the active efforts of the global community, violations of one of the main principles of international humanitarian law - the principle of distinction - do not stop, the author gives an overview of the types of weapons that have indiscriminate effect: cluster munitions, incendiary weapons, anti-personnel mines and fuel-air explosives. The author also discloses the aspects of the activities of the United Nations and the International Committee of the Red Cross in the field of limiting the parties to an armed conflict in the choice of means of warfare that contradict the principle of distinction. As a methodological basis for research, the author used the method of system analysis and the comparative legal method. It is evident that there is a need to strengthen the provisions of treaties in the field of restriction of the belligerent use of indiscriminate means of warfare by making these provisions more universal, taking measures towards getting more states to accede treaties in this area, and strengthening their monitoring of compliance with their norms.

Keywords: incendiary weapons, cluster munitions, indiscriminate weapons, means of warfare, IHL, international humanitarian law, anti-personnel mines, fuel-air explosives, ICRC, armed conflict

DOI: 10.7256/2454-0633.2017.1.20710

Abstract: The object of this article is the modern trends in development of the international information or digital security. The author considers the report of the United Nations Group of Governmental Experts on achievements in the field of information and telecommunications in 2015, documents of the Shanghai Cooperation Organization, the Collective Security Treaty Organization, as well as the Organization for Economic Cooperation and Development Recommendation on digital security risk management for economic and social prosperity in 2015. The author conducts a comparative analysis of the information security models established in Russian legislation and advanced by Russia in the UN, SCO, OCSTO, and the concept of digital security risk management of OECD. Taking into account the integration processes in the Eurasian Economic Union, formation of a unified digital space of the Eurasian Economic Commission, as well as the desire the EAEU member states to enter the OECD, it is necessary to ensure coordination between the existing mechanisms of information security and the OECD concept on digital security risk management. On the basis of comparative analysis, the author has developed proposals pertaining to the possible changes in the Russian information security legislation.

Keywords: United Nations, Collective Security Treaty Organization, international organisations, international law, information law, information security, integration, OECD, risk management, digital security

DOI: 10.7256/2454-0633.2017.1.68623

Abstract: The object of this article is the modern trends in development of the international information or digital security. The author considers the report of the United Nations Group of Governmental Experts on achievements in the field of information and telecommunications in 2015, documents of the Shanghai Cooperation Organization, the Collective Security Treaty Organization, as well as the Organization for Economic Cooperation and Development Recommendation on digital security risk management for economic and social prosperity in 2015. The author conducts a comparative analysis of the information security models established in Russian legislation and advanced by Russia in the UN, SCO, OCSTO, and the concept of digital security risk management of OECD. Taking into account the integration processes in the Eurasian Economic Union, formation of a unified digital space of the Eurasian Economic Commission, as well as the desire the EAEU member states to enter the OECD, it is necessary to ensure coordination between the existing mechanisms of information security and the OECD concept on digital security risk management. On the basis of comparative analysis, the author has developed proposals pertaining to the possible changes in the Russian information security legislation.

Keywords: United Nations, Collective Security Treaty Organization, international organisations, international law, information law, information security, integration, OECD, risk management, digital security

DOI: 10.7256/2454-0633.2017.1.21925

Abstract:   The subject of this research is the process of development and consolidation within the international documents of universalities in the field of human rights and freedoms. On the example of adoption of the International Pacts of 1966, the author examines the question of the search for compromise decisions by the participants of international relations under the circumstances of opposition between the states and various sociopolitical system. The article defines the role of USSR in development of these documents, as well as identifies the succession in the position regarding the universality of rights and freedoms set in the pacts. Certain modern aspects of implementation of the progressive positions of the International Pacts of 1966 are being analyzed. The conclusion is made on the importance of activity of the state that manifest as participants of the international process on formulization of universalities in the area of rights and freedoms. In addition to this, the author determines the current issues associates with implementation of positions of the pacts, including the foreign policy questions.  

Keywords: Implementation, Convention, Ratification, Federative article, International relations, International organization, Foreign policy , State, Human rights, International law

DOI: 10.7256/2454-0633.2017.1.68624

Abstract:   The subject of this research is the process of development and consolidation within the international documents of universalities in the field of human rights and freedoms. On the example of adoption of the International Pacts of 1966, the author examines the question of the search for compromise decisions by the participants of international relations under the circumstances of opposition between the states and various sociopolitical system. The article defines the role of USSR in development of these documents, as well as identifies the succession in the position regarding the universality of rights and freedoms set in the pacts. Certain modern aspects of implementation of the progressive positions of the International Pacts of 1966 are being analyzed. The conclusion is made on the importance of activity of the state that manifest as participants of the international process on formulization of universalities in the area of rights and freedoms. In addition to this, the author determines the current issues associates with implementation of positions of the pacts, including the foreign policy questions.  

Keywords: Implementation, Convention, Ratification, Federative article, International relations, International organization, Foreign policy, State, Human rights, International law

DOI: 10.7256/2454-0633.2017.1.68625

Abstract:  The subject of this research is the positions of the White Paper of overseas territories that regulation the institution of partnership as a form of interrelations of Great Britain with overseas territories. The political and territorial relations between Great Britain and the examined overseas territory is suggested to qualify as Unitarian with the elements of feudalism. The article also explores the positions of the Constitutional Order of the Turks and Caicos Islands of 2011 in part of regulation of the status of the Governor, Cabinet, and Legislature. The author underlines the a special place within the constitutional system of authorities of the overseas territory belongs to the representative of the British crown due to the powers that allow in compliance with the set by the Constitution conditions making the key decisions in the sphere of domestic policy of the island (Convocation of Cabinet, its resignation, dissolution of the House of Assembly , reserve lawmaking authorities, etc.). Thus, a significant role in formation and realization of the constitutional course belongs to the Prime Minister and House of Assembly . The work formulate the theses concerning the additional regulation of competency of the local public authorities of Turks and Caicos Islands and the Governor, specification of the content, order of organization, and carrying out of conciliation procedures, early dissolution of the House of Assembly, clarification of criteria of such decision-making. This work is one of the first to examine the partnership relations of Great Britain with its overseas territories from the constitutional legal positions. It reveals the constitutional legal status of Turks and Caicos Islands, analyzes the positions of the Constitutional Order of 2011 regarding the Governor, Cabinet, House of Assembly , as well as organizational order of their interaction.  

Keywords: House of Assembly, Cabinet, Governor, Monarch, Constitutional Order, partnership, Turks and Caicos, overseas territory, Great Britain, electoral law

DOI: 10.7256/2454-0633.2017.1.20373

Abstract:  The subject of this research is the positions of the White Paper of overseas territories that regulation the institution of partnership as a form of interrelations of Great Britain with overseas territories. The political and territorial relations between Great Britain and the examined overseas territory is suggested to qualify as Unitarian with the elements of feudalism. The article also explores the positions of the Constitutional Order of the Turks and Caicos Islands of 2011 in part of regulation of the status of the Governor, Cabinet, and Legislature. The author underlines the a special place within the constitutional system of authorities of the overseas territory belongs to the representative of the British crown due to the powers that allow in compliance with the set by the Constitution conditions making the key decisions in the sphere of domestic policy of the island (Convocation of Cabinet, its resignation, dissolution of the House of Assembly , reserve lawmaking authorities, etc.). Thus, a significant role in formation and realization of the constitutional course belongs to the Prime Minister and House of Assembly . The work formulate the theses concerning the additional regulation of competency of the local public authorities of Turks and Caicos Islands and the Governor, specification of the content, order of organization, and carrying out of conciliation procedures, early dissolution of the House of Assembly, clarification of criteria of such decision-making. This work is one of the first to examine the partnership relations of Great Britain with its overseas territories from the constitutional legal positions. It reveals the constitutional legal status of Turks and Caicos Islands, analyzes the positions of the Constitutional Order of 2011 regarding the Governor, Cabinet, House of Assembly , as well as organizational order of their interaction.  

Keywords: House of Assembly, Cabinet, Governor, Monarch, Constitutional Order, partnership, Turks and Caicos, overseas territory, Great Britain, electoral law

DOI: 10.7256/2454-0633.2017.1.21543

Abstract: This article is dedicated to the analysis of standards of proof applicable to the pre-trial process in the proceedings in the International Criminal Court as an example the case «The Prosecutor v. Laurent Gbagbo». The author reviews the stages of preparation of the case for the trial stage: the beginning of the investigation, issuance of the arrest warrant, confirmation of charges. He raises questions about the ambiguity of the criteria per which the fact is contested in accordance with the required on a certain stage of the process standard of proof. The analysis and comparative analysis are the main methods of research. The article thoroughly analyzes the acts of the Pre-Trial Chamber in the case "The Prosecutor v. Laurent Gbagbo." The author concludes that used in the international criminal process standards of proof are ambiguous. Such standards require a precise definition, including formalization in the rules of procedure and evidence of the international courts and tribunals, content, minimal list of components that must be established by the court, so the fact can be considered proven in compliance of a specific standard of the proof. The regulation of the types of evidence necessary at one or another stage of the process is required

Keywords: International Criminal Court, international criminal tribunals, international criminal procedural law, international criminal justice, standards of proof, international criminal procedure, ICC, Laurent Gbagbo, Cote d'Ivoire, pre-trial stage

DOI: 10.7256/2454-0633.2017.1.68401

Abstract: This article is dedicated to the analysis of standards of proof applicable to the pre-trial process in the proceedings in the International Criminal Court as an example the case «The Prosecutor v. Laurent Gbagbo». The author reviews the stages of preparation of the case for the trial stage: the beginning of the investigation, issuance of the arrest warrant, confirmation of charges. He raises questions about the ambiguity of the criteria per which the fact is contested in accordance with the required on a certain stage of the process standard of proof. The analysis and comparative analysis are the main methods of research. The article thoroughly analyzes the acts of the Pre-Trial Chamber in the case "The Prosecutor v. Laurent Gbagbo." The author concludes that used in the international criminal process standards of proof are ambiguous. Such standards require a precise definition, including formalization in the rules of procedure and evidence of the international courts and tribunals, content, minimal list of components that must be established by the court, so the fact can be considered proven in compliance of a specific standard of the proof. The regulation of the types of evidence necessary at one or another stage of the process is required

Keywords: International Criminal Court, international criminal tribunals, international criminal procedural law, international criminal justice, standards of proof, international criminal procedure, ICC, Laurent Gbagbo, pre-trial stage