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ECONOMICS. LAW. SOCIETY

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No 4 (2021)
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LAW AND STATE

7-15 207
Abstract

   This article analyzes some theoretical and legal aspects of the competence and role of federal state authorities and state authorities of the subjects of the federation in the process of implementing the European Court of Human Rights judgments into the Russian legal order. The author provides a legal assessment of the constitutional amendments of 2020, which affected the competence of the federal state power in the implementation of decisions of supranational courts. The author touches upon the problem of interaction between federal state authorities and state authorities of the constituent entities of the Federation in the execution of judgments of the ECHR. The methodological basis of the study was the method of comparative legal analysis of the phenomena under study. The author concludes that it is necessary to legislatively consolidate the provisions that determine the procedure for interaction of federal government with government of the constituent entities of the Federation in the process of implementing decisions of interstate courts.

16-22 168
Abstract

   In connection with the COVID-19 coronavirus pandemic and due to the absence of international treaties, acts of "soft law" in the field of non-fulfillment (improper fulfillment) of contractual obligations play an increasingly important role in judicial practice. The proposal for the mutual recognition of vaccination certificates as a means of ensuring international integration and the problem of the nature of reciprocity are analyzed. The author also analyzes the practice of the courts of Canada, the United States and Russia, as well as the provisions of the so-called "soft law" (lex mercatoria) – the Principles of International Commercial Agreements of UNIDROIT and the Standard Clause of the International Chamber of Commerce "On a significant change in circumstances" in 2020 on force majeure and a significant change circumstances as legal grounds for refusal to execute them, their termination or suspension of their execution. The article also criticizes the criterion of the inevitability of a circumstance as an element of its qualification as force majeure.

23-29 1218
Abstract

   This article is dedicated to the forms of lawmaking of the President of Russia. The term “Lawmaking” includes the direct influence to the legal order as a whole, not limited to the expressly meant powers and rights of the President of the Russian Federation to issue decrees establishing legal provisions. This article emphasizes the specific role of the Administration of the President of the Russian Federation. It seems somewhat hasty to speculate about the absence of a federal law regulating in detail the activities of the Presidential Administration as a lack of legal regulation and a potential violation of the principle of separation of powers. The fragmental character of the provisions of the Russian Constitution in the scope of the legal status of the President has positive properties. The author of this article considers among them the creative potential, which makes possible to concretize the powers of the President of Russia in practice. It seems that excessive detailed stipulation of the powers of the President of the Russian Federation in the text of federal law can turn into a conflict of competences between the President and other government bodies. This directly concerns the rule-making powers of the President of the Russian Federation. In addition, this article highlights the features of s. c. “subsidiary” state bodies.

Foreign Legislation and Comparative Law

30-36 269
Abstract

   The method of diachronic-synchronous research presents the historical experience of the formation of legal terms and concepts of Chinese branch terminology. The level and features of its formation are revealed. The distinctive features and peculiarities of Chinese terminology and their influence on the formation of international terms are shown. The terminological level is determined, as well as the meaning and meanings of these terms. The philosophical, theoretical and subject-practical problems of the study of the Chinese terms "right" and "law" are analyzed. An interpretive series of these terms, their meaning and meanings in the ancient Chinese language, when they meant the “degree of guilt and innocence” of the subject, his ability to “clearly determine the truth and untruth”, as well as the word “刑” xíng xing, which meant “punishment”, was established. In the modern PRC, the concept of "right" "法律" fǎlǜ falu has the meaning of "norm of behavior", which is determined by the state and relies on its coercive power to ensure the functioning of the legal foundations of its life, as well as the legal status of internal security agencies, including the country's penitentiary system. When analyzing Russian, English and Chinese research literature, the emphasis is on Chinese terminological sources. The authors introduced the "terminological triad" method to understand the process of formation of the Chinese term and its interpretation.

37-42 316
Abstract

   The presented article contains an analytical review of some specific aspects of legal regulation of the public procurement market in foreign countries. The article examines the experience of regulating the public procurement market and the norms of the European Union, as well as countries such as the United States of America, Great Britain, the People's Republic of China and South Korea. The paper also examines the statistical indicators of the volume of the public procurement market in the listed countries, the data indicates the importance of the public procurement sector for legal regulation in each of the countries that were considered. The article mainly uses the comparative legal method. The author of the article identified some features of the regulation of the processes of placing government orders in foreign countries, which are of interest due to the fact that these features are not typical for the legislation of the Russian Federation, some of the above features may be directions for possible improvement of the legal regulation of relations in the sphere of meeting state and municipal needs in Russian Federation. At the end of the article, conclusions are drawn about the possibility of adoption certain foreign legal norms in order to improve the Federal Contact System and Russian legal regulation of the sphere of public procurement.

43-56 290
Abstract

   The article explores the role of international law in overcoming the imbalances of the world monetary system in the emerging multipolar world order. The principles of freedom of pricing and the formation of the national currency exchange rate in the foreign exchange markets in the constituent acts of international financial organizations contributed to the emergence of a gap in international monetary law, since this approach does not provide for the streamlining of the monetary policy of central banks. This problem is compounded by the principle of free movement of capital. Based on functional and structural analysis, this study reveals the gap itself in international monetary law at the global level. Comparative legal analysis identifies ways to overcome it in the constituent acts of regional organizations, and also shows a split in approaches to regulating interaction between such organizations. The author comes to the conclusion that the constituent acts of regional organizations fix not only the provisions on the currency obligations of the states that are members of such organizations, but also the principles of streamlining the monetary policy of central banks. Moreover, the principles of international legal regulation of the interaction of these regional organizations within the framework of BRICS have been formed in the world, which are fundamentally different from the approach of the collective West.

57-63 283
Abstract

   In the article based on the current legal acts, it examines the characteristic features of the stages of the migration process, namely: the conditions and restrictions on the entry of a foreign citizen or stateless person into the territory of the Russian Federation; focuses on the timing and obligations of migration registration; the characteristic features of obtaining a work permit (patent), a residence permit in the Russian Federation are analyzed; attention is paid to the issues of the procedure for the recognition of foreign education; the main elements of adaptation to the new social environment are determined and characterized. In the article, the author defines the category of organizational and legal regulation of migration processes in Russia and formulates a number of recommendations for improving the migration legislation. The methodological basis of the study was modern general scientific and special methods of scientific knowledge. With the help of the logical-semantic method, the conceptual apparatus has been deepened. To analyze the features of the organizational and legal regulation of migration processes, the following methods were used synthesis, classification.

FAMILY RELATIONS AND LAW

64-69 348
Abstract

   In order to make sense of the origins of the formation of a modern marriage contract, it is important to understand the historical context of what is happening. Normative legal acts are formed and developed on the basis of historical, judicial practice, on the basis of legal relations taking place in society and respond to them by the emergence and consolidation of relevant norms in the legislation of States. The article considers the history of the appearance and development of the marriage contract, including in connection with the development of Russian statehood, including the modern period; Identify the main steps for improving family legislation; the conditions for the conclusion, amendment and termination of the marriage contract in accordance with the current legislation are provided. There is also a comparison of the functioning of this tool in Russia and European countries. In particular, the European States are distinguished by the wide practice of this institution as a historical phenomenon, long and firmly rooted in legal culture. In the domestic space, it began to be used only with the adoption of the new Family Code at the end of the twentieth century (1995). At the same time, it has not yet received a wide distribution, as well as an unambiguous positive or negative assessment. Nevertheless, we can say that today in the field of marriage and family relations the necessary base has already been accumulated, sufficient to regulate financial and property issues.

70-74 206
Abstract

   The article is devoted to out-of-court ways of settling disputes between tourists and tour operators on the example of cruise tourism. The reasons why the consideration of disputes within the framework of the judicial process may be unprofitable for its participants are analyzed, the legislation regulating out-of-court dispute settlement methods is investigated. The authors suggest possible solutions to the situation in which many tourists avoid resorting to alternative ways of resolving conflicts on the example of real disputes between cruise companies and tourists. The possibility of introducing the institution of a tourist ombudsman at the federal level is also being analyzed. The benefit of tourists and tour operators from the settlement of the dispute out of court is justified.

HISTORY OF STATE AND LAW OF FOREIGN COUNTRIES

75-80 317
Abstract

   This article discusses the features of the formation of the statehood of the Republic of South Ossetia in the context of international law and the legislation of the USSR. The legal, political and historical aspects of Georgian-Ossetian relations are analyzed. The subject of this work is the historical, political and legal aspects of the acquisition of state sovereignty by the people of South Ossetia in the context of the collapse of the Union of Soviet Socialist Republics and the collision of the principles of international law: the self-determination of peoples (nations) and the integrity of the territory of the state. In the course of the work, historiographic, scientific and journalistic materials of domestic and foreign authors in the field of political science, conflictology, political history, and international law were used. The study was based on a combination of such methodological principles as consistency, historicism, and scientific objectivity. Comparative-legal method, problem-chronological, formal-legal methods were used as special-scientific methods. The author shows that the reference point of the modern phase of the Georgian-Ossetian conflict, which ended with the invasion of South  Ossetia on August 8, 2008 by the Georgian army, is the collapse of the USSR and the associated processes of sovereignization and politicization of interethnic relations among the peoples of the post-Soviet space. The article substantiates that the territory of South Ossetia has never been part of the sovereign Georgian state, since the Georgian small principalities began to alternately become part of Russia only in 1801, after Ossetia was annexed to the Russian Empire in 1774. Subsequently, the territory of South Ossetia was included (against their will) in the administrative space of Georgia on a geographical basis within the framework of the territorial-state structure of a single country (the Russian Empire, the USSR, the Russian Federation). Non-standard political and legal issues of the collapse of the USSR, features of separatism and radicalization of the Georgian SSR, as a result of which, in the author's opinion, right de jure divorced the South Ossetian autonomy and Georgia within the framework of the Soviet Union, are covered. The article also touches upon the problematic issues of the status of the international borders of the independent states of the post-Soviet space in accordance with international law and the principle of uti possidetis. The author summarizes that the UN recognition of the state territory of sovereign Georgia, within the administrative boundaries of the former Georgian SSR, is devoid of legal grounds and does not comply with international law, while the declaration of independence of the Republic of South Ossetia took place in strict accordance with the norms of international law and the legislation of the USSR.

CRIMINAL LAW AND PROCEDURE

81-86 241
Abstract

   With the widespread introduction of the Internet and social networks, the spread of fake news is turning into an epidemic. Recently, users of social networks prefer to learn the news through the Internet, social networks and various instant messengers. Such news is often spread through the p2p model, from person to person in one messenger or another, by means of retweets and reposts from one social network to another, and their veracity is rarely of interest to readers and is taken on faith. The so-called fake news integrated into content, which has become a widespread media phenomenon, affects the minds of citizens, causing panic, sometimes forcing them to make rash decisions that are unusual in ordinary life. In this regard, the legislator (Articles 207.1 and 207.2 of the Criminal Code of the Russian Federation) proposed and implemented measures to penalize acts related to the dissemination of fake news in the media space, which imply criminal liability for the dissemination of knowingly false publicly significant information.

87-91 751
Abstract

   The protection of exclusive rights to trademarks in our country is a complex ambiguous legal problem, judicial practice on which is still insufficient due to the relatively recent introduction of the norms of civil law regulation of the protection of exclusive rights to trademarks in the current legislation. The decisions of different courts may not only not correspond, but also contradict each other. Even if there are such differences among the employees of the courts in understanding the issues of protection of exclusive rights to trademarks, what can we say about ordinary citizens and representatives of legal entities? The civil law regulation of the issues under consideration is also complicated due to the vagueness of the wording adopted in legislative acts. It is not easy to understand these documents without special training. This leads to the fact that individuals and legal entities engaged in entrepreneurial activity do not know their rights, obligations and do not understand the measures of responsibility. Accordingly, at the time of receipt of the claim, in most cases, legal entities and individuals do not understand the essence of the violation committed, as well as what they should do to resolve the situation. In foreign practice, these issues have been considered for a long time and have a well-founded system of legislative regulation of processes related to the protection of exclusive rights to trademarks. Most often, various kinds of abuses are committed in relation to well-known trademarks. Since the time of the Paris Convention, adopted in 1883, the protection of trademarks has been the object of close attention. These issues are also addressed in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The researchers believe that in the near future we should expect the expansion of the trademark protection system and the use of more extensive concepts than the concept of "trademark infringement". In 2006 The US legislation was supplemented by a law, the provisions of which allowed owners of public trademarks to form lawsuits to resolve the issue of illegal use of trademarks, as a result of which associations are eroded, eliminated and the reputation of the owner of the mark is damaged. Many States have introduced into their legislation provisions on the possibility of entering information into the created databases of trademarks by their owners, which allowed customs authorities to counteract piracy. The author analyzes the accumulated judicial practice in order to form an understanding of the courts' point of view on solving complex issues of civil protection of exclusive rights to trademarks of the point of view of the courts on solving complex issues of civil protection of exclusive rights to trademarks.



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ISSN 2411-118X (Print)