International Law and International Organizations - rubric INTEGRATION LAW AND SUPRANATIONAL UNIONS

Abstract: This article is devoted to the issues of legal regulation of the system of protection of land in the EU. The article contains the detailed analysis of normative acts, which regulate the activities of the EU in this sphere. The author analyzes the goals, strategies and means of institutions and other bodies of the EU, which are implemented in the sphere of protection and prevention of harm to lands. Finally, the author analyzes the system of monitoring and information guarantees for the protection of lands in the EU, comes to conclusion on peculiarities on their application and development.

Keywords: international law, protection, lands, monitoring, degradation, agrarian law, the EU

Abstract: One of the leaders in the transnational investments flow is the European Union. The European Union has 40% of the accumulated direct investments. Currently it is necessary to consider triple- polar global structure of direct foreign investments: USA, European Union, Japan. Capital flow in the EU is an impressive economic instrument for connecting national economies in the common European economy. Capital flow can be seen as transfer of material (sharing, realty etc.) and monetary resources (credits, bonding etc.) for the purpose of implementation of a certain right or in exchange for certain right. Free capital flow in EU law means revocation of all measures, which undermine conclusion and fulfillment of deals, which are connected with such transfer among the residents of different countries. Close examination of the Maastricht treaty and the specific wording shows that henceforth in accordance with the European Union law the foundation and liquidation of investments carried out inside and outside of the European Union are being liberalized.

Keywords: European Union, European law, capital flow, foreign investments, treaties on EU, Treaty of Rome, Maastricht treaty, Directive 2004/25/EC, national law unification

Abstract: The article is devoted to the issues of influence of the principle of protection of marine environment on the principle of freedom of navigation. The author shows the mechanisms of ecological limitations to navigations outside the 12-mile zone using the IMO procedures. The author shows role of IMO as an instrument of filling-in for the insufficient jurisdictions of the coastal states

Keywords: international law, freedom of navigation, IMO, Russian Arctic, open sea, territorial sea, EEZ, marine specially protected territory, principle, special region

Abstract: Regulation №1896/2006 of the European Parliament and Council on the European Order for Payment is applied to civil and commercial disputes since December 12, 2008. The aim of this Regulation is to provide a simpler and faster procedure for dispute resolutions and to lower the judicial costs on transborder cases. The object of such an Order may only be monetary claims (with no limit as to amount) of claimant to respondent. The Regulation №861/2007 of the EU Parliament and Council on European Small Claims is in force since January 1, 2009.The key difference between this procedure and the Order for Payment procedure is that the claims are not limited to monetary issues, and the maximal sum of claim is limited to 2000 Euros. Both Regulations include judicial procedure with standard blanks for claimant and respondent, which simplify dealing with the dispute.

Keywords: EU Parliament, The EU Council, Order for Payment, small claims, judicial procedure, monetary claims, claimant, respondent, the EU.

Abstract: The article is devoted to the law of the Council of Europe within the framework of development of newest ICT. The author analyzes the problem of balance between protection of human rights and technological ICT development. Much attention is paid to the approach of the Council of Europe to the issues of governing Internet and protection of intellectual property in digital environment.

Keywords: international law, ICT, innovations, Internet, cooperation, cyber-crime, education, TV, information, security

Abstract: The article is devoted to the key provisions of the Directive of the European Parliament and Council on waste of November 19, 2008, which considerably changes both the European and the national law of the EU member states in this sphere. The author explains the reasons for issuing this Directive, its defi nitions, requirements to various stages of dealing with waste, correlation with the international rules. The author then underlines the need to improve Russian legislation on waste in order to bring it into accord with the EU law and to ensure environmental security of people and territories of the Russian Federation.

Keywords: international law, waste, utilization, destruction, ecology, law, legislation, harm, burial dumping

Abstract: This article is concerned with the organization of coordination of the fi ght against economic fraud in the European Union; the organization and the development of the European Anti-fraud Office (OLAF). Special attention is paid to the legal bases of OLAF’s operation, its principles, organizational structure and activities, as well as its cooperation with EU institutions under the third pillar and EU non-member states.

Keywords: international law, Unite de Cordination de la Lutte Anti-Fraude (UCLAF), European Anti-fraud Offi ce (OLAF), economic fraud in the EU, EU institutions, Europol, Eurojust, Supervising Committe, European Ombudsman, EU Court of Justice

Abstract: The article includes analysis of political and legal aspects of cooperation of the EU with the developing states of Asia and Latin America, as well as with the integration organizations of these states. The author shows the dynamics of their partnership.

Keywords: international law, European law, international legal subject, law of international organizations, regional integration organizations, the EU, developing states, Asia, the Latin America.

Abstract: The institutional system of managing foreign relation of the EU went a long way, while the powers of the EU grew and decision-making bodies of the EU developed.

Keywords: international law, the EU law, the EU, the European Community, the Foundation Treaties of the EU, the Lisbon Treaty, the European Commission, the European Council, competing competences, foreign relations of the EU.

Abstract: This Article deals with issues of cooperation among European Union member states in the fi eld of criminal legal proceedings within the frames of the Eurojust. Particular attention is paid to issues of legal nature, status, objectives, competence, organizational structure and main directions of operation of Eurojust as well as to issue of competitive jurisdiction.

Keywords: International law, Eurojust, Europol, European Judicial Network, European arrest warrant, Joint Supervisory Body, criminal justice, criminal process, investigative jurisdiction, competitive jurisdiction

Abstract: The article is devoted to the issues of cooperation of the Eurojust in the sphere of fighting grave crimes in the EU territory. Much attention is paid to practical cooperation of the Eurojust with the member states, bodies and institutions of the EU, with the third party states, which are not member states of the EU, then the author analyzes the priority directions of development of the Eurojust.

Keywords: Mezhdunarodnoe pravo, Evropeiskaya organizatsiya pravosudiya (Evroyust), Evropeiskaya politseiskaya organizatsiya (Evropol), Evropeiskii politseiskii kolledzh (SEPOL), Evropeiskii obshche- stvennyi prokuror, Evropeiskaya Ugolovnaya Registratsiya prestuplenii (SEUR), Evropeiskii order na arest, Ob'edinennaya sledstvennaya gruppa (OSG)

Abstract: The article is devoted to the stages of formation of the financial market of the EU. The author views key problems of regulation of relations in the sphere of financial services in the EU. The author then shows key features and peculiarities of modern state of capital movement in the EU.

Keywords: Mezhdunarodnoe pravo, evropeiskoe pravo, Evropeiskii soyuz, evropeiskoe ekonomicheskoe pravo, evropeiskoe finansovoe prav, evropeiskaya ekonomicheskaya integratsiya, vnutrennii rynok Evropeiskogo Soyuza, finansovyi rynok Evropeiskogo Soyuza, finansovye uslugi v Evropeiskom Soyuze, peredvizhenie kapitalov v Evropeiskom Soyuze

Abstract: The article is devoted to the analysis of existing approaches to cooperation between the EU and the developing states and integrative structures of these states, as well as to the dynamics of such relations in the light of globalization of international relations.

Keywords: Mezhdunarodnoe pravo, evropeiskoe pravo, Evropeiskii soyuz, pravo mezhdunarodnykh organizatsii, mezhdunarodnoe ekonomicheskoe pravo, printsipy evropeiskoi politiki sodeistviya razvitiyu, razvivayushchiesya strany, mezhdunarodnoe sotrudnichestvo Evrosoyuza, mezhdunarodnye svyazi Evrosoyuza

Abstract: The competences of the EU institutions in the sphere of common foreign and security policy have no normative definition, so it depends on the states which powers and competences are delegated to the EU institutions.

Keywords: Mezhdunarodnoe pravo, Evropeiskoe pravo, Evropeiskii soyuz, Vneshnie kompetentsii ES, gosudarstva-chleny ES, obshchie politiki ES, Evropeiskaya komissiya, Evropeiskii sovet, Lissabonskii dogovor, Amsterdamskii dogovor

Abstract: The article is devoted to the problems, which considerably complicate the due guarantees of energy security and further development of dialogue in the sphere of energy between the Russian Federation and the EU, which, in turn, influence the integration of energy markets of the EU and the Russian Federation. The author views some issues related to the third energy package. The author then analyzes the current situation in the sphere of energy internationally speaking, and shows the dangers of situation of Russian – European energy relations.

Keywords: Mezhdunarodnoe pravo, energosotrudnichestvo, energopolitika, geopolitika, energostrategiya, ekonomika, investitsii, transportirovka, energoresursy

Abstract: The provisions on rights of parties, taking part in disputes in international judicial institutions are rather scarce. The experience of international courts shows formation of customary norms, which define equality of parties in process, as well as the possibility of hearing the case in the absence of one of the parties, and the right of the third parties to enter the process

Keywords: international law, international judicial hearing, international justice, equality of parties, absence of one of the parties, right to enter the case, international disputes, judicial means, peaceful resolution of international disputes

DOI: 10.7256/2454-0633.2017.2.22951

Abstract: The subject of this article is the general trends in development of international legal studies of transnational integration on the example separate works of the Russian and foreign scholars in the area of international law. Currently, the international scholars actively research the aspects of international integration. The article briefly describes the development of scientific approaches towards international integration of the domestic school of international law. The provided in the article studies contain various concept and approaches, which must be developed under the conditions of global challenges. The author analyzes and compares the positions of international law scholars as the representatives of domestic, as well as foreign schools. International integration is viewed as a consistent process of development of international relations and intrinsic part of the globalization phenomenon. The author believes that it reasonable to distinguish the international integration law as a subsystem of the public international law to establish the system of knowledge for the purpose of identification the optimal mechanisms to respond to the global challenges.

Keywords: law of integrational communities, integrational communities, international integration law, regional international law, global government, globalization, integrational law, international integration, development of international law, fragmentation of international law

DOI: 10.7256/2454-0633.2017.4.25064

Abstract: The subject of this research is the provisions of the normative legal acts of the Eurasian Economic Union member (EAEU) states that regulate the scientific research activity, as well as the provisions of the EAEU that maintain the liberalization of services market for the purpose of creating of the unified market for services in the indicated sector alongside other sectors. Particular attention is given to the determination of factors that raise barriers and restrict access for the representatives of the EAEU member states to services within the framework of the sectors of services in the area of research and development and implementation of its results. The author also examines the practice of other integration institutions (EU) and approaches of the international organizations Organization for Economic Co-operation and Development (OECD). A conclusion is made about the need for harmonization of the conceptual apparatus applied in the legislations of the EAEU member states about the research and development activity, as well as implementation of mechanism aimed at the removal of barriers and restrictions regardless of approval or disapproval of the conceptual equivalence within this sector.

Keywords: liberalization of market, Eurasian Economic Union, market of services, scientific research activity , EEU, harmonization of legislation, unified market, EAEU Court, integration, interpretation of law

DOI: 10.7256/2454-0633.2019.3.30405

Abstract: The subject of this research is the development of integration cooperation between the EAEU member-states in the area of protection, management and commercialization of the rights to intellectual property through the prism of formation of the regional intellectual property law of this international organization. The author describes the characteristics of intellectual property as one of the vectors of integration, as well as analyzes the results of integration processes in this sphere achieved over the period from 2014 to 2019. Special attention is turned to revealing the prospects for such cooperation within the framework of implementation of digital agenda. Analysis of the dynamics of integration processes is based on the principle of development, as well as system-structural approach. The historical-legal along with the formal-dogmatic method allowed reveling the content of legal results of the first quinquennial stage of integration. The main conclusion lies in the conceptual provision that currently the integration of EAEU member-states in the sphere of intellectual property is substantiated by the relevance for responding to global challenges, one of which is digitalization of the economy and various fields of social life. The author’s main contribution into studying of integration processes in the sphere of regional space of international property law is defined by conceptualization of the development of integration processes with regards to intellectual property from the perspective of its expansion, as well as advancement of new priorities in the conditions of digital transformation. The scientific novelty lies in substantiation of the prospects of using digital technologies for managing the life cycle elements of the rights to intellectual property as a potential object of cooperation in the format of integration.

Keywords: innovative developement, soft law, regional integration, law of Union, globalization, digital agenda, intellectual property, integrative development, EAEU, legal policy

DOI: 10.7256/2454-0633.2020.2.32684

Abstract: The Member States of the European Union have transferred to it the substantial scope of the domestic competence in financial sphere. So, the EU exclusive competence covers the monetary policy of the Member States whose currency is the euro. Besides that, the legal regulation of the activities in the banking, insurance and stock markets are largely performed from the EU level. The European Union is not a member of many international financial institutions that determine global financial legal order in the modern world. Moreover, until now there is no established procedure for EU Member States coordination in such institutions. Based on systemic and comparative legal methods, the article explores peculiarities of realization of the EU external competence. The author concludes that development of financial integration in the European Union will inevitably lead to development of the legislation that would clearly regulate the procedure of EU Member States coordination in the international financial institutions. It would further limit legal capacity of the Member States and would result in so called “Europeanization” of the international financial legal order. Brexit would enhance this process.

Keywords: financial integration, Basel Committee, EU financial market, IMF, Monetary Policy, International Financial Law, the European Union, OECD, FSB, EU external competence

DOI: 10.7256/2454-0633.2021.2.35403

Abstract: The subject of this research is the legal framework for scientific-technological and industrial cooperation of the EAEU member-states in the area of remote sensing of the Earth, reflected in the provisions of international agreements and acts of the Union bodies. Emphasis is placed on the analysis of the legal nature of the EAEU transnational program for the creation of an integrated remote sensing system, characterized by the author as a promising organizational legal instrument for cooperation and integration. Special attention is given to the factors of its successful implementation. The research is conducted in the context of theoretical and practical aspects of strategic integration of the EAEU in the space sector. The novelty consists in substantiation of the fact that in the conditions of specific state of legal regulation of cooperation of the EAEU member-states in the space sector, the leading role in the mid-term perspective would be played by program control. In turn, it would contribute to the systematic development of general, as well as special legal framework for cooperation in the space sector. The author’s main contribution consists in pursuing correlation between the system of legal and program framework for cooperation in the area of remote sensing of the Earth and the legal model of EAEU, as well as the legal model of scientific-technological and industrial integration.

Keywords: system of satelites, program regulation, remote sensing of the Earth, integrative processes, space technology, law of the EAEU, cooperation in science and technology, big data, geoinformation, joint projects

DOI: 10.7256/2454-0633.2013.2.4955

DOI: 10.7256/2454-0633.2013.2.6341

DOI: 10.7256/2454-0633.2017.4.25100

Abstract: The subject of this research is the legal standards of the Eurasian Economic Union that contain administrative requirements and procedures in different areas, as well as securing the status of authorities of the Union. The indicated provisions are examined from the perspective of correlation with the established system of the Russian administrative legislation and cooperation. Attention is given to the scientific-theoretical representations regarding the interrelation and cooperation of the international, integration and national law applicable to regulation of the administrative-legal relations. The author explores the relevant foreign experience on the example of the European Union. The following conclusions were made in the course of this research: 1) in the process of Eurasian integration, regulation of the substantial part of administrative and related public legal relations in economic sphere, including the administrative procedures of public administration and private actors, shifts from the national level towards the level of integration law; 2) the Eurasian Economic Commission has acquired the features of a distinct supranational body of public administration that enters into direct legal relations with the private actors; 3) the law of the Union observes the formation of “quasi-administrative responsibility” and “quasi-administrative justice”. The article is first to advance a hypothesis on the development of administrative law of the Eurasian Economic Union within the framework of the system of integration law.

Keywords: Administrative Procedures, Eurasian Economic Commission, Administrative Law of the EAEU, Global Administrative Law, International Administrative Law, National Administrative Law, Integration Law, Eurasian Economic Union, Administrative Responsibility, Administrative Justice

DOI: 10.7256/2454-0633.2018.2.26334

Abstract: This article analyzes the phenomenon of the low level of institutionalization of the Community of Latin American and Caribbean States (CELAC), the factors that led to its under-institutionalization and its importance for the organization and its functioning. The author traces the format of work of the Community, its structure, level of correspondence to the initially claimed tasks, key moments of the history of its operation, and the results. At the macrolevel, the article examines the circumstance of establishment of the Community, purpose of its creation and questions of its activity. The author also covers the problem of the clash of interests of the Latin American countries and the United States, functioning of the Organization of American States, as well as misbalances in relationship between the two Americas. The question of the fundamental idea of CELAC and factors of its preservation in the condition of under-institutionalization is examined. A conclusion is made about the place and role of CELAC within the structure of regional configuration of Latin American subsystem; about the indicated system as such; and principles of creation and operation of the Community.

Keywords: Organization of American States, USA, macrolevel, The Caribbean, institutionalization, integration, regionalism, Latin America, CELAC, region

DOI: 10.7256/2454-0633.2018.4.28392

Abstract: This article is dedicated to the problem of protection of right to respect for private and family life in the European Union law. The author examines the legal regulation and content of right to respect for private and family life in the European Union in conjunction with rule of law with the Council of Europe. The author considers the interpretation of corresponding rules in practice of the European Court of Human Rights and Court of Justice of the European Union, correlation of the right to respect for private and family life with the right to protection of personal data. The article analyzes the provisions of the Charter of Fundamental Rights of the European Union and Convention for the Protection of Human Rights and Fundamental Freedoms dedicated to protection of private and family life, as well as their interaction within the European Union Law. The corresponding rules of European Convention for Protection of Human Rights and Fundamental Freedoms are recognized by the European Union Law in determining the content of the law under consideration, but without EU Court’s prioritization of it within the current EU law enforcement. In the European Union law, the right to protection of personal data is allocated as an independent right guaranteed alongside the right to respect for private and family life, which differs from the approaches established in the Council of Europe law.

Keywords: Court of Justice of the European Union, European Union law, European Union, protection of personal data, respect, family life, private life, Council of Europe, Council of Europe law, human rights protection

DOI: 10.7256/2454-0633.2023.1.39923

Abstract: This article attempts to systematize all currently existing at the EU level areas of supranational regulation of public relations in the digital sphere. An appropriate systematization can be useful both from the point of view of further theoretical understanding of supranational regulation at the present stage, and from the point of view of using the EU experience to harmonize the regulation of the digital space within the EAEU. Despite the fact that, individually, almost all areas of supranational regulation have become the subject of research, their cumulative, systemic effect has not been analyzed. This predetermines the scientific novelty of the present study. In addition, the scientific novelty of the article is also manifested in the fact that the author involves in scientific circulation the most relevant areas of supranational legal regulation of social relations arising in the digital sphere (in particular, we are talking about supranational regulation of artificial intelligence and crypto assets). In this article, based on an analysis of the EU experience, a general conclusion is made that supranational regulation of social relations in the digital sphere today has significantly expanded (and continues to expand) due to the inclusion of fundamentally new areas of public life that have arisen in connection with the development of information and communication technologies. In addition, the article carried out a detailed systematization and classification of the key areas of supranational regulation of social relations arising in the digital sphere.

Keywords: artificial intelligence, cyberterrorism, cloud infrastructure, digital public procurement, gatekeeper companies, antitrust requirements, digital services, copyright protection, personal data, crypto assets

DOI: 10.7256/2454-0633.2019.1.29502

Abstract: The object of this research is the problems occurring within the framework of introduction in the Russian Federation of the subsidiary bodies documents of the Council for Rail Transport of the Commonwealth member-states. These include the absence of: explicit reference in regulation about the Council for Binding Arbitration of its commissions and expert groups; distinct hierarchy of subsidiary bodies of the Council; practice of compulsory publication of decisions of the subsidiary bodies. For the detailed analysis, the author selected commissions and expert groups of the Council as the most numerous bodies. The subject of this research is the regulations on the substantive and subsidiary bodies of the Council and case law. The scientific novelty consists in the fact that this work is the first in the Russian Federation and CIS regarding the problems of implementation in the Russian Federation of the documents of subsidiary bodies of the Council for Rail Transport of the Commonwealth member-states. The author approves the practice of direct applicability of the documents of subsidiary bodies of the Council in the absence of explicit reference in acts of the Council or their official publication. The author gives recommendations on demarcation between legal positions of the commissions and expert groups of the Council. The research results can be applied in law enforcement practice, as well as by any rail administration as the initiative for changing regulations on the Council and its subsidiary bodies.

Keywords: implementation of acts, acts of international organizations, expert groups, working groups, executive bodies, commissions, subsidiary bodies, implementation of international law, Council for Rail Transport, CIS

DOI: 10.7256/2454-0633.2023.4.69177

Abstract: Unprecedented unilateral restrictive measures against Russia's participation in international scientific and technical cooperation (scientific sanctions) have become an integral part of the modern European sanctions policy. The subject of the article is the EU sanctions regime against Russian science, which implements an appropriate policy aimed at ending the participation of Russian scientific institutions and organizations in projects implemented within the framework of EU scientific programs. The purpose of the article is to reveal the content and model of the EU sanctions regime against Russian science. The hypothesis of the study is the position that the model of the sectoral sanctions regime under consideration combines general and specific points. The article argues that the specified sectoral sanctions regime of the EU is autonomous in nature and does not represent something derived from scientific sanctions imposed by member States. General scientific methods of analysis and synthesis, abstraction and generalization were used. This made it possible to move from diverse empirical data to theoretical generalizations about the nature and model of the EU sanctions regime against Russian science. In addition, historical and comparative approaches were used, as well as a modeling method. The article substantiates the conclusion about the contradictory nature of the value and legal foundations of this regime, which is reflected in the lack of unity of views of European expert circles regarding the degree of rupture of scientific ties with Russia. The author substantiates that the massive and, by historical standards, sudden introduction of scientific sanctions in 2022, forming a special sanctions regime, is not the result of certain difficulties that occurred earlier in Russian-European scientific cooperation. On the contrary, it is a systematically motivated destruction of the bridges of scientific diplomacy created after the Cold War. A negative consequence of the functioning of this regime was a decrease in the degree of internationalization of Russian science and its ability to contribute not only to solving applied problems of national socio-economic development, but also to solving global problems of our time. The novelty of the study lies in the fact that for the first time in the scientific literature, structural subsystems of the EU scientific sanctions regime are identified, as well as their additional identification features are characterized.

Keywords: scientific sanctions, global science, European programs, Russian science, freedom of science, institutional gap, scientific cooperation, sanctions policy, science diplomacy, interpersonal contacts

DOI: 10.7256/2454-0633.2023.1.39986

Abstract: The relevance of the reasearch topic stems from the fact that different state bodies are involved in addressing cybersecurity services. While each of the state bodies has their own goals and objectives, the successful resolution of the issues entirely depends on their effective cooperation. The existing resources and expertise available in the EU member states and corresponding EU institutions, bodies and agencies provide a solid basis for a collective response to cybersecurity threats. As a result, the EU has established a system of cyber security risk management bodies. The purpose of this article is to investigate the activities of key EU cyber security authorities. To achieve this goal and analyse the activities of the main EU bodies in the field of cybersecurity , the author has used several methods, such as the systematic approach, the formal-legal method, the comparative-legal method and the historical method. The author has come to the conclusion that cooperation and information exchange are essential elements in addressing cyber security issues. At the same time, to achieve coherence among cyber security bodies, the EU is taking measures to strengthen their joint work. In addition, it has been concluded that the EU, as a regional integration organization where member states act on the basis of mutual trust, is a reliable platform for addressing cyber security issues.

Keywords: information security, cyber attack, cyber space, cyber defence, cyber resilience, cyber threats, cyber security, EU law, cybercrime, cyber incident

DOI: 10.7256/2454-0633.2020.1.30979

Abstract: The current stage of development of international relations marks the two fundamental processes: globalization and regionalization. They coexist in a dialectical unity. The article explores some important aspects of this process: conflict of legal values, reflected in the contradictory law enforcement practice; peculiarities of globalization in context of law of international organizations; globalization and regionalization in the activity of transnational corporations. It is noted that the establishment of global market requires a clear legal formalization. Research methodology is based on the general methods of cognition: dialectical, logical, systemic, functional; as well as the methods common to the science of international law: systemic-legal, comparative-legal, and interpretation of law. The thesis is substantiated that globalization and regionalization are the revolutionizing phenomena with regards to social life and world politics. The author determines the patterns of these political-legal occurrences in the modern world. A thought is highlighted that we are the witnesses of the formation of a new and interdependent world, which implements the principle of supremacy of law in the international relations.

Keywords: interstate disputes, conflicts of law, transnational corporations, states, international courts, UN, international organizations, regionalization, globalization, international law

DOI: 10.7256/2454-0633.2020.4.34112

Abstract: The subject of this research is the model of administrative cooperation of competent authorities of the EAEU member-states in the context of isolated sectors of services market with the single market regime. The author explores the functionality of the single market for services, as well as the occurred situation of absence of the single competent authority (supranational body or nongovernmental organization granted with the corresponding competence), which ensures cross-jurisdictional regulation and control within the framework of the single interstate market. Based on the fact that administrative cooperation of the national competent authorities was selected as the instrument for overcoming the indicated problem in the EAEU, the author analyzes the principles and mechanisms of such cooperation, as well as the concepts and draft agreements between the competent authorities. Assessment is conducted on reasonableness of the used (proposed to use) mechanisms. As a result of analysis of legal norms of the EAEU dedicated to the single market for services, it is concluded that these norms of can be applied directly without implementation into the national legislation, which presses the need for interstate regulation and control. At the same time, in the current realities of integration processes, the coordinated administrative-procedural and control-supervisory measures should be realized not via transferring additional competencies to the supranational level, but through administrative cooperation of the competent authorities. The author notes that the existing model of administrative cooperation of competent authorities is currently under development, and due to extended time of coordination of the draft interdepartmental agreements, it is beneficial to conclude the interstate agreement, which would fill the gap of legal regulation in the absence of specific agreements between the competent authorities by the sectors. Examination of the EU experience on creation of information resources for supporting cooperation of the competent authorities allows concluding on the crucial importance of such instrument and the need for the development of its analogues in the EAEU, the normative prerequisites for which are reflected in the Treaty on the Eurasian Economic Union.

Keywords: competent authority, EU, information exchange, administrative cooperation, trade in services, integration association, Eurasian Economic Union, single market, EAEU, information system

DOI: 10.7256/2454-0633.2021.4.36835

Abstract: Systematic evaluation of the results of research activity funded by the state, including analysis of the impact of the results of research upon the development of the economy and society, has become common practice in governance of the science sector. It pertains to acquisition of evidence-based data and feedback necessary for decision making on the effectiveness of the existing governance techniques and selection of the methods (including legal) for their improvement. The exceptional complexity and dynamic change of the object of analysis (science, production of scientific knowledge) encourages to constantly search for new approaches worldwide for acquiring qualitative and accurate evaluations of the results of scientific research. From such perspective, systematic monitoring and analysis of the relevant foreign experience is advantageous for the theory and practice of governing scientific development, as it allows taking into account the mistakes and achievements of other countries with regards to development and improvement of their evaluation systems. Analysis is conducted on a range of systems (mainly European) and approaches towards evaluation of the contribution of sciences to socioeconomic development. The author reveals the peculiarities and flaws of the evaluation system under study. This article is first to demonstrate that the vast problematic field associated with the assessment of the contribution of sciences, should be viewed within the framework of the theory of state audit, which distinguishes between external and internal systems of monitoring. The conclusion is made that the peculiarities of functionality of science do not allow demarcating the contours of internal and external audit of the results of “scientific production” without compromising the quality of the acquired conclusions. The improvement of evaluation systems is a continuous process, associated with the co-evolution of science and scientific policy.

Keywords: Research impact, Science contribution, Science Policy, Performance audit, Public audit, Research evaluation, Science governance, Impact assessment, Theory of change, Results chain

DOI: 10.7256/2454-0633.2017.4.23898

Abstract: This article is dedicated to the problem of termination of the UK membership in the European Union (Brexit) and its implications on economic and political relations between the parties. The importance of Brexit is viewed in the context of legal regulation of the derivatives, which transactions are the intrinsic part of financial markets, as well as comprise a significant percentage of UK’s GDP. Currently, the future of the bilateral relations remains uncertain, and the extent of the negative consequences depends on the final format of cooperation selected by London and Brussels. The author identifies the four most probable models of cooperation with different levels of political and economic integration. The legal mechanism of Brexis along with its impact upon the derivatives market is insufficiently studied in the Russian science. The results of this work can be applies by the scholars specialized on the questions regarding Brexit, relationship between UK and EU, as well as valuable for the researchers of the integration and supranational formations.

Keywords: European Financial Law, financial markets, agreement, financial derivatives, Brexit, derivatives, European Union, United Kingdom, clearing, European Free Trade Association

DOI: 10.7256/2454-0633.2020.3.34167

Abstract: The subject of this article is the state and prospects of integration of the EAEU member-states in the scientific and educational sphere, as well as the level of its curriculum-strategic, organizational and legal support. The authors gradually explore the problematic of professional competences in the conditions of transition to Industry 4.0, including the competencies of scientific and technical staff, the formation of which is currently shifting onto the center of scientific and technological cooperation. Special attention is given to the analysis of the dimension of compliance of national legislations of the EAEU member-states in the area of legal regulation of their international cooperation with regards to of education and science. Special examination was conducted on the state of institutional support of the scientific and educational integration. The novelty of this work consists in the conceptual substantiation of scientific and educational integration as fundamental aspect of scientific and technological integration, which is aimed at ensuring technological modernization of the economy. The authors address the key issues of the objective agenda of scientific and educational integration, as well as substantiate the need for establishment of the shared space for EAEU member-states in the area of science, education, technology and innovations. The main conclusion lies in the statement that successful cooperation between the EAEU member-states in the indicated sphere suggests not only the development of the institutional framework, but also the need for development of EAEU legislation in the area of scientific and educational cooperation, which is possible only in case of inclusion of scientific and educational questions into the integration agenda. This may find reflection in elaboration of the specific framework for strategic regulation, as well as in inclusion of the corresponding provisions Into the Treaty on Eurasian Economic Union, which can be extended to the special Protocol or a separate international agreement. All of the listed above is directly or reversely related to alignment of national policies of the member-states and harmonization of national legislations.

Keywords: global megatrends, education, digital agenda, scientific-technological integration, digital transformations, Fourth industrial revolution, integrative processes, harmonization, Eurasian economic commission, innovation

DOI: 10.7256/2454-0633.2022.2.37348

Abstract: The scientific article is devoted to a comparative analysis of the effectiveness of integration associations of the European Union and the Eurasian Economic Union. The methodological basis of the research is an interdisciplinary approach, system analysis and comparative method. The purpose of the study is to identify the differences between the integration processes of the EU and the EAEU and compare their effectiveness. The author defines integration, examines in detail the features of integration processes in Europe and Eurasia, compares the economic indicators of selected integration associations. The study pays special attention to the historical prerequisites for the formation of the Eurasian Economic and European Unions, as well as the gradual construction of these integration groupings, taking into account the impact on modernity. The novelty of the research lies in the author's understanding of the effectiveness of integration processes in the EU and the EAEU based on the analysis of macroeconomic indicators, identifying the strengths and weaknesses of associations, their comparative analysis, as well as in developing proposals to eliminate the identified problems of Eurasian integration. The main conclusions of the study are: the EU remains an effective integration association, whose successful experience has become an example for the creation of the EAEU. However, now the EU has reached the ceiling of growth, which has not yet been broken. The effectiveness of the Eurasian integration processes remains low, and economic achievements should be expected from the EAEU, as a young structure, no earlier than in 10-20 years.

Keywords: regional integration, European Union, Eurasian Economic Union, integration groupings, integration efficiency, comparative analysis, European integration, Eurasian integration, EAEU, EU

DOI: 10.7256/2454-0633.2018.2.25693

Abstract: This article examines the establishment and development of integration ties in modern Europe on the example of the European Union. The evolution of European communities into the European Union is demonstrated. The author notes the separate negative factors (nationalism, separatism, socioeconomic difficulties, etc.) that lead the decline in the rate of European regional integration. The article underlines the international legal nature of the EU, determines the role of communitarian structures of the European Union in realization of the “federalist” potential, as well as provides various expert opinions pertinent to the development prospects of the EU. The author notes that the European Union is one of the international legal models of the regional integration associations; while at the same time, the Union transforms the nature of its member-states. Delegation of competencies from the states to the benefit of the supranational authorities of the European Union reveals the new approach towards establishment of European integration through the procedure of specification of obligations of the EU member-states with regards to each other and the Union.

Keywords: confederation, international organization, separatism, national identity, migration, population, regional integration, European Union, sovereignty, European law

DOI: 10.7256/2454-0633.2023.3.39698

Abstract: The subject of the study is the harmonized norms of European legislation on consumer protection. In particular, the author is interested in the problems of interpretation of the concept of "consumer" in European law as a basis for understanding the essence of relations involving individual consumers. For the purposes of the study, the legislation of the European Union was chosen, as a legal system combining legal differences in the norms of different states, and perceiving and interpreting various legislative norms of the member states. The author analyzes both legislative norms and judicial practice in order to identify gaps in law enforcement and the practical applicability of the study. The author is interested in both the doctrinal component of the formation of the concept of "consumer" and the conclusions drawn in this regard by judicial practice. The author reveals the criteria formed in judicial practice for determining the activity of an individual as commercial, and also reveals the approach of the European legislator to the purpose of the consumer contract. In his research, the author uses methods of analysis and synthesis to clarify the essence of the concept of "consumer" used in various normative legal acts and judicial practice, as well as to form conclusions about the formation of the concept of "consumer" in European law. The main conclusions made in the course of the study are the conclusion about the criteria formed for the qualification of a person as a consumer and their possible components, and the approach is also defined, according to which the activity of an individual can have a dual character, depending on the purpose and substance of the contract that the consumer enters into.

Keywords: protection of weak party, professional activity, case study, trader, law of European Union, consumer law, commercial activity, European Court of Justice, contract law, consumer

DOI: 10.7256/2454-0633.2023.1.40014

Abstract: The subject of this article is the legal basis of the mechanism for the adoption of sanctions (restrictive measures) within the European Union. The author traced the evolution of the application of sanctions since the creation of the European Economic Community (1957) to the present day, analyzed the relevant sections of the most important constituent acts of the EU and considered the features of the EU sanctions mechanism at the present stage. In recent decades, the practice of applying political and economic sanctions has significantly expanded in the system of international relations. At the same time, if earlier the initiator of international restrictive measures was usually the UN Security Council, now the world is dominated by unilateral national sanctions adopted on the basis of domestic political and legal norms. Somewhat apart in this process are the countries of the European Union, which are guided by collective sanctions measures approved within the EU. The purpose of this article is to study the specifics of the EU sanctions policy, to determine the legal nature of collective sanctions, as well as their compliance with the current principles and standards of modern international law. In the course of the evolution of the European Union as a subject of international legal relations, a special place was given to the formation of the common Foreign and Security Policy of the EU. The author comes to the conclusion that the gradual transformation of an economic association into a political union has led to the need for a unified coordinated policy in the international arena. According to the author, at the present time, the sanctions measures of the European Union have become an integral part of the PRSP, strengthening its role and importance as an important chain in the system of international relations. At the same time, the EU, not having its own armed forces, increasingly considers collective sanctions as an instrument of its political and economic influence in the world. The novelty of this study lies in the consideration of the EU sanctions mechanism from the point of view of the formation of a single common foreign policy of this supranational union.

Keywords: european values, High Representative, CFSP, Lisbon Treaty, international law, EU, Common foreign policy, European Union, restrictive measures, sanctions

DOI: 10.7256/2454-0633.2020.1.32299

Abstract: The European Council represents the supreme level of political cooperation between the EU member-states. Diverse questions pertaining to international politics are discusses on the various levels: summits (in 2019 EU – League of Arab States summit, EU –China summit, EU – Ukraine summit in Kyiv, EU – Canada summit in Montreal, G7 summit); conferences and informal meetings; council boards on foreign affairs; joint conferences; association councils, etc. A new strategic agenda 2019-2024 adopted by the European Council determines he priority areas that guide the work of the European Special Councils and other EU institutions. Transatlantic relations, crises in Syria, Ukraine and other parts of the world, relations with Russia, Iran nuclear deal, and other question remain on the agenda of the European Council. The article explores the legal framework of the actions of European Council in the area of foreign policy. The overview of foreign policy agenda of the European Council allows analyzing the role of the European Union on the international arena.

Keywords: politics, European Community, international agenda, Presidency, Summit, foreign policy, European Council, international law, strategy, political cooperation

DOI: 10.7256/2454-0633.2013.1.62412

Abstract: The article is devoted to the Economic and Monetary Community of Central Africa. The author states that this is an integration union of supranational character. The author views two communities, which it includes: the Economic Union of Central Africa and the Monetary Union of Central Africa. The author studies the historical prerequisites for the formation of this community (in particular, the UDE). The author also analyzes the institutions of the community, its organization and structure, functioning of the legal order, the branches of secondary law, and cooperation of the states within the various legal spheres.

Keywords: international law, integration, Central Africa, supranational, economic community, monetary union, customs union, cooperation of the states, organization structure, secondary law.

DOI: 10.7256/2454-0633.2019.4.31840

Abstract: The subject of this article is the analysis of the key provision of law of the European Union and national legislation of its member-states in the area of protection of trade secret. The author examines the strategies of harmonization of legal protection of trade secret on the supranational level, which allow ensuring conditions for the development of domestic market and transboundary trade activities through overcoming the fragmentation of legal regulation. Emphasis is made on the analysis of provisions of the Directive (EU) 2016/943 on unification of the definition of trade secret and stipulation of the general measures for its protection. Methodological framework is comprised of the general methods of cognition – analysis, synthesis, generalization, abstraction. As a special scientific method the author applied dogmatic method, which allowed revealing the content of novelties contained in the Directive (EU) 2016/943. Comparative legal method was applied in comparing the Agreement on Trade-Related Aspects of Intellectual Property Rights, Directive 2016/943, as well as the law of EAEU. The conclusion is made that trade secret plays an important role in the development of digital economy. The author’s contribution lies in determination of the pattern demonstrating that the use of digital technologies in all spheres of activities directly affects the methods of protection of trade secret, as well as the ways of its unauthorized acquisition, use or disclosure. The novelty this work consists in substantiation of the impact of harmonization of legal protection of trade secret in the European Union upon gradual development of scientific research and commercialization of innovations, which complies with the key direction of the activity on implementation of the Digital Single Market strategy.

Keywords: intellectual property, harmonization, legal protection, European Union, trade secrets, business information, undisclosed know-how, Big data, blockchain, digital economy

Abstract: The article is devoted to the reasons for the formation of the dual legal order, which is applied among the EU member states, as well as to the perspectives of their unifi cation.

Keywords: international law, European law, the European Union, the European Communities, the Lisbon Treaty, the European Commission, the European Council, international organizations, competing competences, legal order.

DOI: 10.7256/2454-0633.2015.1.12894

DOI: 10.7256/2454-0633.2015.1.65953

Abstract: Weaknesses in the implementation of fi nancial supervision, the extensive harmonization of banking laws and the fi nancial and eurozone crises have forced the EU Member States to reform fi nancial supervision. In 2011 the EU introduced a new fi nancial supervision system, and in September 2012 proposals for establishing a Single Supervisory Mechanism (SSM) were revealed.The present article seeks to analyse the changes, problems and possibilities for improvement of the new fi nancial supervision system and to give a brief account of potential long-term prospects. Author argues that the competence for European-wide supervision of credit institutions along with all the necessary rights to information and of intervention is still lacking. At the same time, author points out that as a new piece of regulation, it meets the need for further integration in Europe and it will also be better able to meet the challenges of global competition.

Keywords: Banking union, ESFS, ESRB, ESM, fi nancial, debt crisis, reform, regulation, SRM and SSM, System Banking Supervision.

DOI: 10.7256/2454-0633.2016.1.18062

Abstract: This article reviews the processes of the regional integration in the African continent and explores the political-legal foundations of the African integrational processes, history of their emergence, factors affecting the development and stagnation of the integrational processes. The impact of the colonial past upon the consolidation of the integrational processes is being analyzed. The author also examines the political prerequisites and the influence of the decolonization upon the integrational processes. This research illustrates the examples of separate integrational formations that have played or continue to play a significant role in the integration of the African state; the impact of geopolitical factors is also being reviewed. The article presents the analysis of the integrational processes in the African continent from the historical perspective; a comparative analysis of the regional coalitions within the continent demonstrated significant differences in the level and intensity of regionalization. It is noted that the history of regional formations in Africa has achieved certain results, however the extremely low level of economy of the majority of the African nations and a constant political crises within the countries do not comprise favorable circumstances for achieving considerable results in the process of the regional integration.

DOI: 10.7256/2454-0633.2017.2.22759

Abstract: This article examines the question of establishment of the Common European Asylum System. Migration crisis that faced the EU member-states mostly with high level of living standards, demonstrated that there is no solution at the national level. Due to this fact, there is a need for creation of the universal strategy of providing asylum across the entire European Union. The authors analyze the development of idea of the general European approach towards ensuring the international protection and consolidation of tasks on establishment of the Common European Asylum System in the bills of primary and secondary law of EU. Separate attention is given to various programs on the questions of ensuring asylum and development of the European law in this area. The conclusion is made that EU actions in the field of regulation of asylum policy manifests as a complex of measures of the European Union and its member-states aimed ad establishment of the Common European Asylum System. The authors also highlight the key issues and difficulties that impede the completion of establishment of such system.

Keywords: Work migration, European law, International security, European integration, Foreign policy, Multilateral institutions, International law, Migration policy, Refugees, European Union

Abstract: The article is devoted to the analysis of the specialized principles of regulation of the policy of the EU in the sphere of fi nancial services. Based on the newest legislation and doctrinal sources shows nature and contents of the key bases of legal regulation in the sphere of fi nances. The author then pays attention to the important role of the harmonization of the EU legislation on this problem.

Keywords: international law, European law, European economic law, European fi nancial law, European economic integration, special principles of legal regulation of the EU policy, fi nancial market of the EU, fi nancial services in the EU, harmonization of legislation of the EU in the sphere of fi nances, inner market of the EU.

DOI: 10.7256/2454-0633.2016.1.67449

Keywords: agreement, cooperation, state, colonization, African Union, Africa, economic integration, regional integration, liberalization of market, Lagos plan

DOI: 10.7256/2454-0633.2021.2.35484

Abstract: This article reviews the legal framework, as well as the current state and prospects for expanding cooperation between the EU member-states in fight against sexual abuse and exploitation of children. Protection of children from sexual exploitation and countering the spread of child pornography is on the agenda of the EU member-states. Conceptual analysis is conducted on the content of fundamental international normative legal acts that regulate the issues of protection of children from sexual abuse and exploitations. Attention is also focused on preventing the spread of child pornography through modern information technologies. The author underlines the need to improve the designated normative legal framework in the sphere of ensuring the information security of the minors on the Internet. The important role of the United Nations in establishing the policy for combating sexual exploitation of minors and sale of pornographic products that involve children is indicated. It is claimed that in modern world, the international cooperation, including the issues of crime prevention, is the foundation of ensuring human rights, freedoms, and security in various spheres of social. The author makes recommendations on the development of the key directions for consolidating the efforts of the EU member-states in fight against sexual exploitation of children and the spread of child pornography.

Keywords: trafficking in children, sexual abuse, child pornography, sexual exploitation of children, child rights, CETS № 201, Council of Europe, European Union, electronic information, international cooperation

Abstract: The article includes analysis of the key directions of international legal cooperation of the EU in the sphere of power industry. The author views specific legal acts of the EU, as well as the international legal instruments, which form the basis for the cooperation between the EU and the third party states in the sphere of power industry. The author singles out several directions for the development of the EU law in the sphere of power industry and cooperation with the third party states, that is, the international legal cooperation of the EU in the sphere of power industry against climate change and the cooperation for the purpose of facilitating development of the developing states.

Keywords: law of the EU, power industry, energy law of the EU, international legal cooperation in the sphere of power industry, the EU and the third party states, the uninterrupted supply of energy products, fighting climate change, Directives, international legal acts.

DOI: 10.7256/2454-0633.2013.1.62413

Abstract: The present article includes comparative analysis of the institutional structure and sources of law of the EU and the Mercosur. In her studies the author shows the expected vector of development for the institutional structures of integration structures, such as the Mercosur. The methods, which are employed by the author, include comparative legal method, historic, dialectic methods, as well as special scientific methods. The methodology of the study is the image of objective and subjective formation of any process. The object of the study includes is on one hand the EU, which is an integration union with a long history, on the other hand the Mercosur as a most successful and developed structure in the South America, which does not have such a long history or status of a supranational structure.

Keywords: international law, economic, integration, the EU, the Mercosur, institutional, structure, supranational, structure, supra-national acts, institutionalization.

DOI: 10.7256/2454-0633.2017.2.23049

Abstract: The subject of this research is the level of realization by the EU member-countries of the Recommendation of EU Commission of January 22, 2014 on the minimal principles of exploration and extraction of hydrocarbons (such as shale gas) using high-volume hydraulic fracturing. The object is the activity of the eleven EU member-states: Austria, Great Britain, Hungary, Germany, Denmark, Spain, Lithuania, Netherlands, Poland, Portugal, and Romania that expressed the intention towards development of shale gas production in the field of exploration and extraction of shale gas using the high-volume hydraulic fracturing. The author thoroughly examines such aspects of the topic as the minimal principles necessary to comply with for the EU member-states in realization of exploration and extraction of hydrocarbons using the high-volume hydraulic fracturing, which consists it: prevention of the occurrence of threat to people’s health; ensuring freedom for distribution of information; provision of highest level of information awareness for large public. Special attention is given to the study of the EU Commission Report to the European Parliament and EU Council about the effectiveness of Recommendation 2014/70/EU on the minimal principles of exploration and extraction of hydrocarbons (such as shale gas) using high-volume hydraulic fracturing of December 15, 2016. The conclusion is made that such principles of EU Commission Recommendation are mostly implemented in Great Britain, and lesser in Poland. This is an innovative research, the results of which represent large practical importance for the Russian energy policy with regards to the EU member-state and EU as a whole. The scientific novelty consists in identification of the stalemate situation that has established within the EU member-states concerning the exploration and extraction of shale gas using the high-volume hydraulic fracturing despite the bright outlook of shale gas production in the EU based on the evaluation data about the extensive stocks of shale gas concentrated in some European regions.

Keywords: Hungary, Great Britain, Austria, production of shale gas, EU member-states, European Union, Germany, Denmark, Spain, Lithuania

DOI: 10.7256/2454-0633.2016.1.67450

Abstract: The subject of this research is the establishment of the system of dispute settlement that emerges in the relations of public or private nature within the Latin American integration union MERCOSUR. It is a known fact that the task of the modern international economic integrations is the achievement of certain success in the process of combination of the economies of the member-states, the unification of the foreign policy, collaboration of the national economies. A quite significant role belongs to the system of regulation of conflict situations that appear between the states – members of the integration, as well as between the private parties. Namely this system has to appropriately react to the stages of economic development, ensure adherence to the norms of integration and their unified interpretation. The author concludes that the detailed analysis of the international documents enacted on various stages of development of the integration union, allows following the phases of establishment of this system, determining institutional structures involved into the dispute settlement, and examining the questions of their competency based on the currently existing judicial practice.

Keywords: advisory opinion, compensatory measures, exclusive competency, Review Court, arbitration ad hoc, institutional structure, integration union, MERCOSUR, jurisdiction, administrative and labor court

DOI: 10.7256/2454-0633.2015.1.13487

DOI: 10.7256/2454-0633.2015.1.65954

Abstract: This article reviews the possibilities of the Common Economic Space (CES) that is being formed by Russia, Kazakhstan, and Belarus as an instrument of counteracting the “external forces” for the purpose of protecting the interests of its members within the system of international competition of nations and their alliances. It reveals the possibilities, opportunities and difficulties associated with the functioning of the CES as an environment for the forming of a unified regional reserve currency with the Russian ruble as such currency. The author comes to a conclusion that in order for a currency of a particular country to gain the status of the regional reserve currency, it is necessary for this country (the issuer) to demonstrate such level of economic growth that it would be able to become the main consumer of the products and services manufactured in the neighboring countries; invest into the assets of the partnering nations; ensure an acceptable profitability of the assets denominated in their currency. The further strengthening of the ruble and growth in the number of operations involving ruble on the global market is closely tied to how active Russia will be in the fight for democratization of the global financial structure. This will also contribute to the strengthening of the ruble within the post-Soviet territory and their alliances.

Keywords: Common Economic Space, global reserve currency, national reserve currency, ruble, global market, issuer, global economy.

Abstract: The article is devoted to the topical issues of international law. International integration organizations play a more and more considerable role in the development of international law. The introduction of the institutions of international law is especially intensive due to the development of integration unions. The study is devoted to the issue of perspectives of international cooperation in the context of influence of integration unions.

Keywords: international law, international integration organizations, the rapprochement of international and national law, economic cooperation among the states, international integration processes, the European law, integration processes, economic cooperation, the CIS.

Abstract: The article is devoted to the analysis of the EU policy in the sphere of soil protection. The author studies the chronology of key normative legal acts, pays attention to the peculiarities of legislative regulation.

Keywords: international law, soil, Europe, resolution, strategy, Chater, lands, Council, degradation, quality.

DOI: 10.7256/2454-0633.2021.4.37154

Abstract: The subject of the study is the legal aspects of the development of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector aimed at ensuring import substitution and going global through reinforcement of export potential. The goal of this article lies in elaboration of the conceptual model of legal regulation of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector. The author explores the global challenges faced by the pharmaceutical sector of the EAEU countries, framework regulation of its technological modernization on the national level, questions of formation of the system of strategic and legal grounds of industrial and technological modernization of the sector within EAEU, as well as the mechanisms which legal regulation would contribute to building the technological and industrial capacity. The conclusion is made that the legal model of industrial and technological integration in pharmaceutical sector is represented by the structured system of legal grounds that reflects the structure of the legal structure of EAEU and is similar to the legal models of other vectors of industrial and technological integration. It implies the combination of international treaty framework and provisions contained the legislative acts of the EAEU. The novelty of this work lies in comprehensive analysis of legal issues of theoretical and applied nature that emerge in the process of this vector of integration. The author’s special contribution consists in modeling the legal space of sectoral integration and forecasting the trajectory of its further development.

Keywords: cooperation in science and technology, single market, program regulation, technology platforms, integrative processes, pharmaceutical industry, law of the EAEU, pharmaceutical policy, pharmaceutical technology, joint projects

Abstract: The European Union (the EU) has a well-developed mechanism for the legal regulation of provision of services. The process of liberalization of trade in services in the EU has been uneven, reflecting the key tendency in the global economy. The article is devoted to the formation of the mechanism of legal regulation of the freedom to provide services, and the author evaluates its efficiency at various historical stages. Much attention is paid to the EU secondary law and the practice of the EU Court, which are aimed to remove barriers for the freedom of services, and to the tendencies of legal regulation. In late years the process of development of new norms and amending the existing norms has been intensive in the sphere of provision of service, and it is aimed to form a single market of services, including the single market for the public purchases of services. In spite of the comparatively high level of liberalization in the sphere of services in the EU, the process of the formation of the united inner market for services is not over. It is due to the fact that not all of the principles, which form the basis for the domestic markets, are completely accepted, as well as to the specific nature of the service as an economic category. Therefore, the issues of implementation of freedom of services are quite topical, and the legal regulation in this sphere keeps developing rapidly.

Keywords: international law, the EU, the domestic market, services, freedom of services, liberalization, harmonization, the EU law, evolution, legal regulation.

Abstract: The article includes detailed analysis of the EU policy in the sphere of forest protection. The author provides analysis of key mechanisms of control, as well as analysis of legislative acts in this sphere.

Keywords: international law, environmental law, forest protection, the EU, Ministerial meeting on forest protection in Europe, Forest Strategy of the EU, the Green Book, international law, the European Environmental Protection Agency, Strategy of rational use and management of forests.

DOI: 10.7256/2454-0633.2015.1.14148

Abstract: the study of this article is the analysis of the development of European Union legislation in the field of intellectual property as a reflection of General trends of the transformation of legal regulation of intellectual property rights in the digital age. Special attention is paid to peculiarities of the innovation economy. The author notes that the strengthening of the protection of the interests of rights holders. At the same time, the interactive nature of the digital economy and the spread of new ways of acquiring knowledge put in front of an intellectual property right task, provide free access to the content. In the article the author was used comparative legal method taking into account discretionary and mandatory methods of international law. The conclusion is made that the originality of the EU law is that it combines the characteristics of international law and an independent legal system. Described in article sustainable trends in the development of European law testify to lay the groundwork for a paradigm shift in the regulation of intellectual property rights.

Keywords: intellectual property rights, intellectual property, European Union law, market economy, innovation economy, information technology, human capital, access to information, legal paradigm, flexible regulation

DOI: 10.7256/2454-0633.2015.1.65955

Abstract: The subject of this research is the analysis of development of the EU legislation in the area of intellectual property as a ref lection of general trends of transformation of the legal regulation of intellectual rights into the digital age. A special attention is given to the aspects of innovational economy. The author notes that there is a strengthening of the protection of the right holders’ interests. At the same time the interactive nature of the digital economy and the spread of new ways of acquiring knowledge present the law of intellectual property with a task of providing a free access to content. The author concludes that the uniqueness of the EU legislation consists in the fact that it combines the characteristics of international law and independent legal system. The described consistent trends of development of the European law show the forming of prerequisites for a change in the paradigm of regulation of intellectual rights.

Keywords: Intellectual rights, intellectual property, EU legislation, market economy, innovation economy, information technologies, human capital, access to information, legal paradigm, f lexible regulations.

Abstract: The security of nuclear energy is viewed by the authors of this article as a key aspect of the European energy law in the sphere of nuclear energy. The author analyzes a number of acts of the European legislator on these issues (Directives, Regulations), and the compliance of the European standards for the nuclear security to the international standards, as well as some aspects of infl uence of international and supra-national (European) standards for the nuclear security on the legal regulation of security in the sphere of nuclear energy by the EU Member States.

Keywords: international law, the European law, energy law, atomic (nuclear) security, nuclear energy, legal regulation, Directives, Regulations, standards of security in the sphere of nuclear energy, the European Union.

Abstract: The article is devoted to the specifi c features of the application by the Eu of the “system of general preferences” towards the developing states of Asia and Latin America. The author showed in the historical perspective of the change of approaches of trade and development policy of the EU (the EEC) with these states. Having established the role of the General Agreement on Tariffs and Trade and the WTO in organization and development of the dialogue between the EU and its partners.

Keywords: international law, the EU law, the EU, the European Communities, the economic cooperation, the system of general preferences, the customs policy, developing states, the states of Asia, the Latin American states.

DOI: 10.7256/2454-0633.2014.1.10506

Abstract: The article is devoted to the legal bases of the activities of the investment funds in the EU. The author classifi es the investment funds, studies the organizational and legal peculiarities of the collective investment, as well as the issues of protection of investors’ rights in the EU.

Keywords: international law, the European law, the European economic law, the European fi nancial law, the investment funds in the EU, the fi nancial services in the EU, the collective investment in the EU, the protection of investors in the EU, the EU fi nancial market, the inner market of the EU.

DOI: 10.7256/2454-0633.2014.1.64081

Abstract: The goal of this article is to define the role of Directives in the legal guarantees of environmental protection in the European Union. It is noted in the article that in the latest decades the law of the European Union in general and environmental law as its constituent element have been developing very intensively. The general number of sources of law became larger, so did the quantity of legal norms, establishing permissions, limitations, standards, requirements and prohibitions. The scope of objects (immediate objects) of legal regulation was also widened. These tendencies attract attention of the Russian environmental law scholars, since many decisions of the European Union influence the interests of the Russian Federation, and they contain successful formulae, which may be efficiently used in the process of improvement of the Russian legislation. In general, the sources of law of the European Union include such acts, principles, judicial decisions, and customs, which reflect the qualities and sources of both international environmental law and national environmental law. It is pointed out by the author, that the contents of the Directives of the European Parliament and Council on the issues of environmental interests, as well as the international treaties to which the EU or its Member States are parties are of primary importance, even when the Russian Federation is not a party to such treaties. In the article in addition to the general overview of the environmental law of the EU and its sources, the author analyzes the role of the Directive as a source of European environmental law.

Keywords: law, the European Union, Directive, protection of environment, legal regulation, environmental law, source of law, environmental interests, international law, system of law.

Abstract: Electronic declaration of goods is a procedure of customs declaration of goods via the Internet. In order to simplify this process, the system of electronic declaring has been developed. In response to the requirements of the European Economic Commission, the International Road Transport Union created the TIR-EPD service, which greatly simplifies the provision of preliminary electronic information on transportation of goods by the carnet TIR holders. The technology of TIR-EPD includes secure integration of a small program module into the customs information system in order to provide automatic exchange of electronic information between the IRTU and the customs service. The experience of its introduction in various states shows that this project is inexpensive and efficient. The TIR-EPD by IRTU allows all of the carnet TIR holders to follow the SAFE by WCO. The TIR-EPD service provides simple, accessible free-of-charge means to inform the customs bodies on the transportation of goods without the intermediary services.

Keywords: jurisprudence, declaration, TIR, procedure, customs, carrier, service, IRTU, organization, association.

Abstract: The article is devoted to the organization of cooperation among the bodies of justice of the EU Member States in the sphere of criminal justice. The author studies the most perfect legal institutions of the EU law, which facilitate the connections among the bodies of justice of the Member State: the European judicial network and the Eurojust.

Keywords: international law, common investigation groups, Eurojust, magistrates on connections, the European judicial network, the bodies of justice of the Member states of the EU, the law-enforcement bodies of the Member States, the European law, cooperation, criminal law.

Abstract: The article is based on the material s of the “ee11” сonference, which is devoted to the development of renewable energy in Europe, and which took place on October 19-20, 2011 in Berin. The author studies the measures, which are taken in the EU in order to stimulate the development of energy from renewable sources, as well as the arising problems of legal, economic and technical character. Much of these materials are related to the implementation of programs on development of renewable energy and reform of the energy sector in Germany. The article may be of interest to the specialists in the sphere of energy and environmental law, people working in the power industry.

Keywords: international law, the European law, the EU, renewable power industry, renewable sources of energy, the emission, slimate protection, energy supply, energy efficiency, electric networks

Abstract: The unifi cation of the EU law has infl uenced the states with various legal systems, and their legal norms are sometimes profoundly different. One of the specifi c features of the unifi cation of the law of the EU states is that it is based on the EU law and supranational character of the powers of the EU bodies. Analysis of various aspects of the unifi cation of legal regulation in such a large regional union as th EU is quite valuable for the improvement of legal regulation of foreign investments in the CIS, the EurAsEC, and other post-Soviet formation, as well as for the forming Eurasian Union.

Keywords: international law, unifi cation, harmonization, investments, the EU, the CIS, the EurAsEC, the Eurasian Union, the integration, the common market.

Abstract: The article includes specifi c features of the procedure of the provision of medications into the inner market of the EU. The author discusses the most relevant bodies of the EU and other European institutions in the sphere of regulation of such access. The author studies international legal acts of the EU, which regulate such a procedure.

Keywords: international law, the European law, the European Union, the medical law, medical services, medications, health of the people, inner market of the EU, public health service.

DOI: 10.7256/2454-0633.2013.2.62777

Abstract: This Article deals with issues of cooperation among European Union member states in the field of criminal legal proceedings within the frames of the Eurojust. Particular attention is paid to issues of legal nature, status, objectives, competence, organizational structure and main directions of operation of Eurojust as well as to issue of competitive jurisdiction.

Keywords: international law, Eurojust, Europol, European Judicial Network, European arrest warrant, Joint Supervisory Body, criminal justice, criminal process, investigative jurisdiction, competitive jurisdiction

DOI: 10.7256/2454-0633.2015.2.13385

Abstract: This article considers the cooperation between Member States of the European Union in the area of criminal justice. Two important institutions which encourage the cooperation in the way that Member States are organized, are the European Judicial Network and Eurojust. Such aspects as the organization, the history of the creation, functions, powers and activities of Eurojust are considered.The author concludes that Eurojust, as a European Law Institute, which will provide the basis for establishing a European Prosecutor in future (Article 69 of the Lisbon Treaty), is nowadays the most advanced contributor to the cooperation of Member States in the field of criminal justice. However, the author notes that in such an area as criminal justice, where the loss of sovereignty of member states of EU is experienced the most strongly, Eurojust stays an authority, in the way EU member states’ tribunals are organized, but it is not the European supranational institution. That is why it should be considered as a tool of interaction between the tribunals of EU member states, and not as an institution controlling the interaction between the judicial authorities of Member States and the EU justice system.

Keywords: European Union, Council of Europe, Judicial network, Eurojust, Member States, criminal justice, cooperation, functions, powers, activities

DOI: 10.7256/2454-0633.2015.2.66481

Keywords: European Union, Council of Europe, Judicial network, Eurojust, Member States, criminal justice, cooperation, functions, powers, activities

DOI: 10.7256/2454-0633.2013.2.62778

Abstract: The article is concerned with the legal aspect of regulation of the relations in the sphere of financial services in the EU. The author discusses specific features of implementation of the principle of the free movement of capital within different financial services sphere.

Keywords: international law, the European law, the European economic law, the European financial law, the European Union, the European economic integration, financial market of the EU, financial services in the EU, the EU inner market, the movement of capitals in the EU

DOI: 10.7256/2454-0633.2015.2.13717

Abstract: This article examines the international legal forms of cooperation between the member-states of the European Union in the context of lawfulness on fight against crime on international level. The author notes that the finely tuned information exchange of the law enforcement agencies of the European nations is a necessary component in organizing mutual efforts on crime counteraction. Receiving timely assistance in criminal cases, including criminal, investigative, and other data is one of the key elements in successful fight against crime. The author analyzes the international legal role of information security within the framework of the European Union. The conclusions of this article may be useful to law enforcement agencies in investigation of transboundary crimes.

Keywords: fight against crime, forms of cooperation, joint investigation team, international legal role, information security, European Union, lawfulness , Europol, secure network, Eurojust

DOI: 10.7256/2454-0633.2015.2.66482

Keywords: fight against crime, forms of cooperation, joint investigation team, international legal role, information security, European Union, lawfulness, Europol, secure network, Eurojust

DOI: 10.7256/2454-0633.2015.2.14762

Abstract: The subject of this article is the international law and its dynamics under the current conditions of globalization and integration. The object of this article is the integration processes, which have been named within the science of international law as “Eurasian integration”, and their impact upon the international law as a whole, its correlation with national law, and the conditions of its variability under the influence of globalization and integration. The article examines the issues of theoretical and conceptual nature on the formations of Eurasian integration, cycles of international law, and its variability under the influence of different factors of globalization and integration. It highlights the classification of these factors, substantiated the conclusions on the need to expand the interdisciplinary research, including those pertaining to the fundamental issues of international law. Among the main conclusions is the legal substantiation of the cyclicality in the development of modern international law as an open, rather than closed system, which is simultaneously subjected to convergence and divergence in the ‘focus” of how the processes of integration, regionalization, and globalization correlate with each other.

Keywords: legal system, regionalization, law enforcement, international community, international processes, state, globalization, integration, Eurasian Economic Union, post-Soviet space

DOI: 10.7256/2454-0633.2015.2.66483

Keywords: legal system, regionalization, law enforcement, international community, international processes, state, globalization, integration, Eurasian Economic Union, post-Soviet space

DOI: 10.7256/2454-0633.2016.2.16856

Abstract: This work demonstrates the place of the institution of responsibility by the EU law within the universal legal system of responsibility of the member-states of the global community. The author examines issues of responsibility from the perspective of the general principle of international law (Article 38 (1) of the Statute of the International Court of Justice), which provides the regime of full reimbursement of damages, as well as the instrument of international law such as restitutio in integrum, which author views as a general requirement of law and justice. The author substantiates the need to transfer the general requirements of international law on the issues of responsibility of the states based on the Rule of Law to the level of supranational and national law. Naturally, such principle of international responsibility as full restitution would seem to be a general requirement of the institution of responsibility of the universal system of international responsibility by the EU law as a part of the international normative order. Through the course of the research the author was able to establish that the institution of responsibility by the law of the European Union forms an integral part of the universal system of international responsibility of states within the general parameters of the global community.

Keywords: International court, Law enforcement activity, Legal regulation, International responsibility, International law, International responsibility of the states, Universal system , EU law, Institution of state responsibility, International normative order

DOI: 10.7256/2454-0633.2016.2.67882

Keywords: International court, Law enforcement activity, Legal regulation, International responsibility, International law, International responsibility of the states, Universal system, EU law, Institution of state responsibility, International normative order

DOI: 10.7256/2454-0633.2014.2.11581

DOI: 10.7256/2454-0633.2014.2.64984

Abstract: Taking an example of the World Trade Organization, the author evaluate the infl uence of the integration phenomenon on the democracy and institutional organization of states and international organizations. The author considers that the only reliable method for centralization and integration in the international cooperation in an important sphere of activities, such as trade, is judicial resolution of disputes among the states regarding interpretation of the said norms. However, the transfer of judicial competence from the states to the international organization raises the issue of its compliance with the national constitutions. Additionally, revision of the national legislation by the judicial bodies of the organization threatens with the unpredictable widening of the competence of organization outside the scope provided for it by the sovereign member states. There may be a confl ict between the acts of an organization and national legislation, refl ecting differences in values. Providing the organization law with the direct effect without prior approval by the representative bodies challenges one of the necessary conditions for the existence of international relations: supremacy of law, causing doubts in legitimacy and democracy of such a situation. As a conclusion the author states that the only reservoir of experience in this situation lies with the states themselves. However, this experience can hardly be directly transferred to the international level. Therefore, one may state that the contradiction between two vital problems: integration and democracy is not yet resolved, and there is no satisfactory theory for dealing with this contradiction.

Keywords: international law, the World Trade Organization, integration, democracy, organization of activities, institutions, bodies, reform, legitimacy, global trade.

DOI: 10.7256/2454-0633.2014.2.64982

Abstract: The author studies the main issues of tax law and policy of the European Union. The author evaluates the legal fundamentals for the tax policy, the competence of the European Union and the member states in the tax sphere. The author considers that the key principles for the coordination of tax administration of the member states in the EU are: avoiding discrimination and double taxation, prevention of abuse of competence by the tax bodies, lowering the costs regarding taxation in different tax jurisdictions. The author notes, that it is the formation of the common EU market in 1960s and its transformation into the united domestic market in early 1990s required the conditions for the formation of norms and principles in the sphere of taxes and levies, which would guarantee implementation of the basic rights and freedoms: free movement of goods, services, persons and capital among the EU Member States. According to the EU law these freedoms may not be abridged with any obstacles, including those in the sphere of taxation. Accordingly, the coordination process for the tax systems of the EU Member States was aimed fi rst of all at guaranteeing the unity of the domestic market of the EU.

Keywords: European law, the European Union, tax law, coordination, tax administration, tax competition, cooperation, fi scal sovereignty, jurisdiction, tax sphere.

DOI: 10.7256/2454-0633.2014.2.64981

Abstract: The article contains analysis of the changes in the procedure of formation of the EU competences in the sphere of common foreign policy and security policy. It is stated that the tendency within these changes is for the strengthening of the competence of the EU institutions. The author studies the specifi c features of distribution of competences among the Union, the Communities and the EU Member States in the sphere of common foreign policy and security policy. The author states that as a result of adoption and implementation of the Lisbon Treaty there was not merging between the fi rst and the second “pillars” , since while the European Union is very similar to the federal structure, it has no political integration, that is why there is still a threat that the foreign economic policy shall be bound by common foreign political interests. These interests are formed by specifi c states, and such decisions cannot be made at the supranational level. There is no fi xed framework for the “common foreign policy and security”, and their defi nition according to the general character of this sphere of activities is left at the discretion of the states.

Keywords: the European Union, common foreign policy, security policy, competences of the EU, the Lisbon Treaty, the Treaty of the Functioning of the European Union, The EU Treaty, state, competences of the institutions of the Union, court.

DOI: 10.7256/2454-0633.2015.3.66839

Abstract: The article examines the cases of Jőrös (Case C- 397/11,) and Asbeek Brusse,(case C-488-11), both dated 30 may 2013, as a starting point for a more general analysis of the ECJ’s approach to the legal consequences to be drawn by the national Court from finding that a contractual term is unfair. The work focuses on the question of whether the interest of the consumer – at the basis of the remedy under consideration – is compatible with the general public interest and with the duty of the National Court to declare the nullity of its own motion, perhaps in contrast with the individual interest of the party. The paper criticizes the “Pannon ruling”, and points out how the more recent Banif Plus judgment (2012) has refined that ruling, even when the partial nullity is concerned. If the duty of the National Court to declare the nullity of its own motion aims to guarantee general interest and the values held by the Constitution – the A. argues – there is no way the consumer can “oppose” the declaration and express his own interest to preserve the contract. Consistently with this idea of consumer protection, in the recent Jőrös judgment the ECJ partially reviewed the so called Perenicova jurisprudence, and clarifies that the National Court is required to determine whether or not the contract can continue to maintain its effects on the basis of objective criteria.

Keywords: European Union, European Union law, European Court, European market, case law, judgment, court rulings, consumer contracts, unfair terms, protective nullity

DOI: 10.7256/2454-0633.2013.3.9220

DOI: 10.7256/2454-0633.2013.3.63250

Abstract: One of the limitations to the development of the over-the-counter market in the Russian Federation is the weakness of legislative development. The development of the Russian legislation in the financial market sphere is to a considerable extent defined by the foreign experience. The article contains analysis of legal aspects of regulating over-the-counter derivatives in the European Union. Much attention is paid to the need for the legal regulation in this sphere, as well as the problems due to weakness of legal regulation. In order to prove the need for special norms regulating the over-the-counter derivatives market, the author provides comparative legal analysis of the specialized legislative norms in the USA and in the EU. Currently the EU investment financing market is being renewed. As a result, the author comes to a conclusion that the studies of the global experience of over-the-counter derivatives market organization, taking the EU as an example, allows Russia to form the national market model with the due consideration of the global failures, which were uncovered by a global financial crisis.

Keywords: comparative legal studies, the EU law, supranational financial law, derivatives, derivative financial instruments, financial terminal, financial law of the EU, financial market of the EU, the EU policy, financial services.

DOI: 10.7256/2454-0633.2016.4.20610

Abstract: This article examines the questions of formation of the domestic energy market in the European Union from the perspective of standards and spheres of public regulation on the level of the union, as well as EU member-states. The author thoroughly examines the legal aspects of establishment and the function of the single regulatory body in the area of energy in EU member-states, as well as the functions and powers of the Agency for the Cooperation of Energy Regulators (ACER). Based on the analysis of the international legal acts along with the work of international law actors, with implementation of the historical approach, the author explores the legal aspects of formation of the new institutions and regulatory public authorities in the energy field. Majority of the researchers as the key novelty of the EU “third energy package” note the requirement on separation of assets of the vertically integrated corporations. At the same time, in the author’s opinion, the most important aspects consists in establishment of the supranational field body in energy sphere, to which the EU member-state have granted certain authority.

Keywords: Wholesale Energy Market, ACER, supranational regulatory authority, domestic energy market, European Union, National regulatory authority, Third energy package, Separation of the assets, Public regulation , Energy

DOI: 10.7256/2454-0633.2016.4.68445

DOI: 10.7256/2454-0633.2016.4.21112

Abstract: This article presents the analysis of subsidiarity as the principle containing the dual – political and legal nature. Thus, special attention is given to the questions of judicial and political control over compliance with the principle of subsidiarity in EU legislative activity regarding the questions that are not referred to as of its explicit competence, and primarily, the topic its joint competence with the member-states. In the first part of the article, the author analyzed the practice of the Court of Justice of the European Union on the case on violation of the principle of subsidiarity by the supranational institutions. In the second part, the author examines the practice of application of the principle of subsidiarity in the EU legislative process within the framework of the so-called subsidiary control mechanism and its procedures of the “yellow” and “orange” cards, initiated by the EU member-states national parliaments. The scientific novelty consists in the position that the principle of subsidiarity is being viewed in the context of EU legislative activity not only from the perspective of political means aimed at protection of the national legislative prerogatives, but also from the perspective of legal limitation of realization of the supranational regulatory prerogatives, possessing jurisdictional power. The article assesses the efficiency of the work of subsidiarity as political (through the subsidiary control mechanism), as well as legal (through the court case hearing) principle. The author expresses an opinion on possibility of implementation of the principle of subsidiarity as the principle that limits the realization of supranational regulatory prerogative in Russia, where the problem of excessiveness activeness of the federal legislator in regulation of the questions of joint competence does not lose its relevance since 2000’s.

Keywords: yellow card, subsidiarity control mechanism, national parliaments, regulatory prerogatives, shared competence, subsidiarity principle, European Union, Court of Justice of the European Union, Russian Federation, cooperative federalism

DOI: 10.7256/2454-0633.2016.4.68446

DOI: 10.7256/2454-0633.2015.4.15587

Abstract: This work expounds the nature of the institution of responsibility before the law of the European Union as a category of modern international law. The object of this research is the legal basis of establishing the institutions of responsibility of the states in the modern international law of the EU, as well as the questions of their functionality. The subject of this research is the key positions of the doctrine of international law pertaining to state responsibility, founding treaties of international organizations of UN and EU; additional normative acts that regulate specific issues of state responsibility within the EU; international treaties that bind the positions on responsibility within international law; international traditions that regulate cooperation of the EU member-states inside the organization, as well as outside of it; legal practice that has formed in the sphere of ensuring the adherence to the economic obligations. In the course of the research the author determines that the institutions of responsibility by the law of the EU form an intrinsic part of the universal system of international responsibility of states in the general parameters of the global community. The author’s contribution into the research of this topic is the detailed description of the mechanisms of enforcing the responsibility of the member-states, making a special accent on the role of the institution of responsibility of the states before the law of the European Union.

DOI: 10.7256/2454-0633.2015.4.67250

Keywords: Institution of responsibility, EU law, Modern international law, Principle of state responsibility, Legal precedent, Prosecution, Mechanism, Faithful compliance with obligations, UN charter, EU founding treaties

DOI: 10.7256/2454-0633.2015.4.16989

Abstract: This article is dedicated to the legal regulation of the institution of civil participation in provision of national security within the model legislation of the CIS countries. The author explains the vectors of development of the legislation in this sphere and states the problems that are currently in the stage of its formation of the model legislation, which regulates civil participation in patriotic upbringing, provision of border security, and counteraction of terrorism and extremism. Based on the study of the modern geopolitical situation, the author demonstrates the necessity to expand the forms of civil participation in ensuring national security. Analysis is conducted on the model laws of the CIS countries that regulate the civil participation in provision of national security, as well as on the nature of modern military threats. The author gives characteristics to the institution of civil participation in provision of national security and the legal status of citizens as the constituents of legal relations on provision of national security. Recommendations are made regarding the 2016-2020 Interparliamentary Assembly of Member Nations of the Commonwealth of Independent States plans to develop model laws on participation of civil institutions in provision of national security and the legal regulation of the activity of private military contractors.

DOI: 10.7256/2454-0633.2015.4.67251

Keywords: private military contractor, extremist activities, legal status, civil society, participation, threat, national security, model law, limitation, guarantee

DOI: 10.7256/2454-0633.2013.4.9601

DOI: 10.7256/2454-0633.2013.4.63542

Abstract: This article concerns correspondence between the legal regulation standards in the Customs Union of the EurAsEC and the WTO standards. Special attention is paid to the norms of the Customs Code of the Customs Union in correlation with the provisions of the International Convention on the simplification and harmonization of Customs procedures .Additionally, the author provides a classification of regional trade agreements depending on economic and economically related integration of the states. The author discusses legal issues regarding the need to follow legal obligations imposed upon the states by various international legal documents. The author draws the following conclusions: 1. The normative legal basis of the Russian Federation is based upon the WTO standards and it generally corresponds to their requirements. The presence of the bilateral treaties between Russia and the third party states is legislatively required and it does not contradict to the WTO requirements. 2. There is need to bring the terminological basis of the Customs Union into correspondence with the requirements of the Kyoto Protocol, first of all, in the sphere of provisions of the Chapter 3 of the General Annex. 3. Improvement of some procedural norms of the Customs Code of the Customs Union based upon the general principles and standards of the Kyoto Convention is one of the priority vectors of its development.

Keywords: the Customs Union, the Kyoto Convention, regional trade agreements, integration, international convention, economic integration theory, preferential trade and tariff treaties, the Economic Union, the EurAsEC, the Customs Code.

DOI: 10.7256/2454-0633.2013.4.10075

DOI: 10.7256/2454-0633.2013.4.63543

Abstract: The environmental legal literature provides detailed analysis of the definition, key directions and tendencies of the European environmental policy, as well as its basic (fundamental) principles, their influence upon the contents of normative legal acts of the European Union and its Member States, judicial practice of the EU and the supranational courts. Based upon the main goal of environmental law and policy national environmental legal systems of some states have developed a broader approach to understanding the nature of environmental principle, while not departing from the general principles. In a number of cases formulation of environmental principles is not limited to those mentioned in the Treaty establishing the European Community. As the studies of foreign specialists have shown, the environmental principles form its own real legal field where such principles are transferred into more detailed national legislation or political documents. Topical disputes arise regarding whether the system of principles of this legal branch should be classified within an open or a closed system, and the same is true towards the principles of environmental policy of the European Union.

Keywords: the European Union, the environmental policy, the environmental law, environmental principles, environmental legal system, environmental law, environment, treaties, classification, the European Parliament.

DOI: 10.7256/2454-0633.2016.1.16723

DOI: 10.7256/2454-0633.2014.2.11558

DOI: 10.7256/2454-0633.2015.3.15670