DOI: 10.25136/2644-5514.2021.4.36846

Abstract: The subject of this research is the legal policy of the European Union against counterfeiting in the conditions of functioning of the Digital Single Market. The goal is to determine the content and patterns of development of this policy from the perspective of combining traditional and innovative measures and initiatives aimed at prevention of trafficking of counterfeit goods in the digital environment. Special attention is given to the analysis of the key factors of formation formation of this policy, taking into account the implementation of the Strategy of the Digital Single Market. The author analyzes the dynamics of application of the organizational-legal mechanisms for combating counterfeiting, and the multi-stakeholder approach that lies beneath them. Separate section of the article is dedicated to establishment of the principles of using voluntary measures on prevention and suppression of the trafficking of counterfeit goods in the digital environment. The conclusion is made that the theoretical provisions indicating that the EU anti-counterfeit policy is aimed the development of supranational block of legal instruments related to the sphere of intellectual property law and customs regulation, and represents a system of comprehensive actions, each of which is implemented depending on the thematic agenda reflecting the strategic intentions for action. The author’s special contribution lies in determination of the patterns of transition towards the regime of responsibility of online platforms that allow posting the offers of counterfeit products. The novelty of this article consists in demonstrating the effective combination of non-legislative and legislative measures used on the supranational level for protecting intellectual property in the conditions of the development of digital environment.

DOI: 10.25136/2644-5514.2021.4.37248

Abstract: The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

DOI: 10.25136/2644-5514.2021.4.37058

Abstract: This article analyzes the concept of international legal policy of the state as the theory based on the sociological approach towards international law. The article traces the evolution of sociological concept of international law from the “Sociological Foundations of International Law” of Max Huber (1910 ) to such modern concepts such as the theory of interaction. The article examines the core theses of the concept of international legal policy of the state, which contribute to the development of sociological approach. According to this concept, each state implements the international legal policy for the purpose of influencing the content of the created, interpreted and applied international legal norms to legitimize the international legal positions and acts of the state in modern international law. It is suggested that the research of international legal practice of a particular state would allow determining the peculiarities of its national approach towards international law, assessing the implicit importance of its current stance on certain issues, and predicting further steps of international law. The conducted analysis allows systematizing the key provisions of the concept of international legal policy of the state, which did not receive due attention in the Russian legal doctrine. The determined peculiarities do not classify the concept to any particular vector of modern “sociological legal” research. Based on the formed characteristics of the concept, the author outlines prospects for its further development, taking into consideration modern international processes.

DOI: 10.25136/2644-5514.2021.4.36572

Abstract: This article analyzes the historical-legal peculiarities of establishment and evolution of international humanitarian law and its principles in the context of the general theory of international law and current political situation. Referring to the international legal documents that regulate the rules of conducting warfare and issues of international security, as well as case law, the author describes and systematizes the methods and means of conducting warfare that are classified under restraining and prohibitive regimes. The goal of this research lies in the analysis and systematization of international legal norms aimed at prevention of the use of prohibited methods and means of conducting warfare. The object of this article is the relations between the actors of international law with regards to restrained use of means and method of conducting warfare. The subject is the international conventions, international customs, general principles of law recognized by the civilized nations. The scientific novelty consists in the author’s view of the essence of relevant issues in the sphere of international humanitarian law, establishment and evolution of international humanitarian law in the context of restrained use of methods and means of conducting warfare. The author presents the original systematization and classification of the prohibited methods and means of conducting warfare. The conclusion is made that many disagreements can be solved by responsible compliance with the existing norms of the international humanitarian law that is intended to prevent potential humanitarian risks. The author reveals that the four protocols to one of the fundamental sources of the international humanitarian law – the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons (1980) have such significant shortcoming as the absence of control mechanism for compliance with the established prohibitions.

DOI: 10.25136/2644-5514.2021.4.36573

Abstract: This article comprehensively analyzes the legal mechanisms for preventing the armament race in outer space, as well as international legal issues of ensuring biosafety. The author examines the Russian initiative in counteracting chemical and biological terrorism, which is the most promising instrument for overcoming the gaps in international law. Recommendations are made on strengthening the modern system of international agreements in area of international humanitarian law and law of international security. The object of this research is the relations between the actors of international law in the sphere of biosafety, countering chemical and biological terrorism, and prevention of the armament race in outer space. Methodological framework is comprised of the formal-legal, system-functional, normative-dogmatic, and analytical methods. The conclusion is made that due to the absence of prohibiting provisions in the existing norms of international law, the weapons that do not fall under the category of weapon of mass destruction, may theoretically appear and be applied in outer space, which would undermine the strategic stability, pose a real threat to the international peace and security, and as well as cause a “mirror” response from other key players in outer space. There is currently no alternative to the China-Russia PAROS treaty (Treaty on the Prevention of the Placement of Weapons in Outer Space). With regards to the questions of biosafety, the participant countries of the Biological Weapons Convention must continue to advocate for the adoption of a Protocol to the Convention with the effective mechanism of verification , which is blocked by the United States, and resist the proposals of the United States to create politically motivated and subjective mechanisms that would bypass the procedures of the Biological Weapons Convention.