V. G. BAEV
Law Institute, Tambov State Technical University, Tambov 392000, Russian Federation
The Russian Parliament has adopted two related laws, one of which introduces punishment for expressed in an indecent form of blatant disrespect for society, the state, the official state symbols of the Russian Federation, the Constitution of the Russian Federation and state bodies. Its law enforcement practice has not yet developed. The author found it interesting to draw attention to the application of a similar law in Imperial Germany of the last third of the XIX century on the example of the case “Bismarck V. Professor Mommsen”. The case is considered in the context of the struggle of the German Government for the introduction of tariff policy.
Investigating the problem of formation of an administrative state (closed society) in Germany the author builds a hypothesis according to which tariff policy of the Chancellor of the Reich Otto von Bismarck in the 80s of the XIX century became a point of tension of two different ideologies (liberal and conservative), reflected in the political, legal and economic ornament of the German state. The author solves two problems. First, to understand why Bismarck despite the resistance of the liberals, managed to block the creation of an “open society”. The second direction appears as a special case of a large “tariff” problem, reveals the causes and circumstances of the defeat of the liberal trend in Germany.
Using comparative legal and historical-legal methods, the author analyzes the result of the judicial dispute between Bismarck and University Professor Mommsen, in particular the defeat of the Chancellor of the Reich and the acquitment of T. Mommsen. As well as the reasons why Bismarck, who had an administrative advantage over the Professor, in the dispute over the insult inflicted on him lost. And why the small victory of Mommsen, who represents the liberal trend, did not lead to a big victory over the conservative trend.
Germany, Bismarck, Mommsen, tariffs, administrative state, open (closed) society, liberal (conservative) trend.
Baev V. G. Tariff Policy of Bismarck and the Formation of the Administrative State in Germany (on the Example of the Case “Bismarck v. University Professor Mommsen”, 1880s). Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 5—14. (In Russ.) DOI: 10.12737/jrl.2019.10.1
Baev V. G. The Genesis and Development of German Constitutionalism at the Beginning of the 19th — First Third of the 20th Centuries. Dr. diss. Tambov, 2008. 460 p. (In Russ.)
Denisov S. A. The General Theory of the Administrative State. Vol. 1. Yekaterinburg, 2010. 681 p. (In Russ.)
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Kriminal-Prozesse von kulturhistorischer Bedeutung. Darstellungmerkwurdiger Strafrechtsfalle aus Gegenwart und Jungstvergangenheit. Vorwortezu Band 1—3 von Erich Sello. Hermann BarsdorfVerlag, Berlin [10 Bande] Band 8. S. 28—42. Available at: https://de.wikisource.org/wiki/F%C3%BCrst_Bismarck_ gegen_den_Universit%C3%A4tsprofessor_Dr._Theodor_ Mommsen.
K. V. AGAMIROV
Institute of State and Law, Russian Academy of Sciences, Moscow 119019, Russian Federation
The relevance of a research is caused by the increasing value of forecasting function of social sciences in the conditions of uncertainty and diversity of development of all spheres of public life as within the certain countries, and on a global scale. In modern conditions improvement of public administration is impossible without development of its predictive component and strengthening of interrelation of forecasting with advance and current planning. The role of legal forecasting as the systems of evidence-based judgments of the trends and the prospects of development of the public relations considered from positions of legal approach i.e. in terms of tasks of improvement of their legal regulation is proved in article.
Research methods: system and structural method, historical, logical, technical, extrapolating methods, ascension from abstract to concrete, analogy, method of comparative jurisprudence, content analysis, content analysis, legal modeling.
Conclusions: social forecasting includes a wide range of strategic directions of development of the Russian Federation and serves as important help of improvement of quality of long-term planning in key areas of public life. Legal forecasting, based on data of social prognostics, synthesizes the theoretical and practical activities in the social and legal sphere directed to realization of the potential for its modernization which is available in a legal system in the context of legal values of the Russian Constitution. During the modern difficult and contradictory period of development of the country by an important task revival of predictive structures as which would enter a complex research of social and economic, environmental, demographic and other problems of scientific and technical forecasting, development of legal models and suggestions for improvement of the legislation with the subsequent direction to legislative bodies for inclusion in the plan of legislative works is.
legal forecasting, legal phenomena and processes, perspective and long-term approach, forecasting and planning of lawmaking, predictive stage of legislative activity, legal system, system of the legislation, enforcement, organizational basis of legal forecasting, legal monitoring.
Agamirov K. V. Legal Forecasting: Relevance, Organizational and Institutional Aspect and Methodological Bases. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 15—29. (In Russ.) DOI: 10.12737/jrl.2019.10.2
Agamirov K. V. Forced deviations and predictive gaps as categories of legal science. Gosudarstvo i pravo, 2019, no. 1, pp. 18—26. (In Russ.)
Agamirov K. V. Legal Forecasting as Factor of Improvement of the Russian Legal System. Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 8, pp. 25—36. (In Russ.)
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S. E. CHANNOV
Povolzhsky Institute of Management, Russian Presidential Academy of National Economy and Public Administration, Saratov 410031, Russian Federation
In article influence of the economic inequality of constituent entities of the Russian Federation and municipal units existing in the Russian Federation on realization of constitutional rights and freedoms of citizens of the Russian Federation is considered.
Research objective is determination of admissibility of social and economic inequality of citizens of the Russian Federation depending on the place of their residence from positions of constitutional and legal regulation.
In the article are used general scientific methods: dialectic method, methods of formal logic and also historical and legal method.
On the basis of the conducted research the author comes to a conclusion that the constitutional and legal form of the choice of economic behavior by the federal authority existing now in the Russian Federation allows the last to solve economic problems of the country not by carrying out institutional transformations and stimulation of economic growth, but by means of simple redistribution of financial resources. This approach involves not only economic dependence of various constituent entities on the federal authority, but also gradually amplifying inequality between them. Moreover, the approaches used in the domestic legal framework connected with coordination of various social obligations with already existing economic indicators of concrete territories aggravate this situation. Such trend can affect in the long term extremely negatively unity not only economic, but also social space of the country. At the same time the Constitution of the Russian Federation directly does not fix an obligation of the state to contribute to the uniform social and economic development of constituent entities of the Russian Federation and municipal units. According to the author, such duty nevertheless is indirectly fixed at the constitutional level, following from the meaning of Part 2 of Article 19 of the Constitution. In this regard he proves a thought that the social and territorial equality of citizens of the Russian Federation need to be understood more widely, than only equality before the law and court and to include also its economic aspects.
federal structure, local government, distributive policy, alignment of fiscal capacity, principle of equality, social and territorial equality, rights and freedoms.
Channov S. E. Economic Inequality of Constituent Entities in the Russian Federation in the Context of Providing Constitutional Rights and Freedoms of Citizens. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 30—41. (In Russ.) DOI: 10.12737/jrl.2019.10.3
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E. V. ALIMOV
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
The article is devoted to the analysis of problems of implementing the voters' orders (instructions) in the constituent entities of the Russian Federation. Despite the intensification of scientific attention to the subject of voter orders in the Russian Federation, there are currently no works devoted to a general analysis of problems of the implementation of voters' orders in the constituent entities of the Russian Federation. The need for an integrated approach to this problem led to writing this article. With the help of the theory and legal regulation, the author concludes that the voters' order is acceptable in the modern democracy. The voters' order has great potential as an institution of direct democracy and an effective mechanism for accumulating voters ‘needs and interests.
The purpose of this article is to identify actual problems of functioning of the institution of voters' orders in the federal subjects of the Russian Federation. To achieve this, the author identifies the following tasks: identification of political and legal, organizational, technical, financial and socio-cultural problems in the implementation of voters' orders in the federal subjects of the Russian Federation.
The methodological basis of this scientific work consisted of dialectic, systemic, comparative legal, regulatory and other methods of knowledge.
As a result of the study of this topic, the author came to the following conclusions. Firstly, the legal regulation of voters' orders is carried out based on advanced legal regulation. Secondly, at the level of the constituent entities of the Federation there is no uniform approach to the legal regulation of voters' orders. Thirdly, the voters' role in the full support of voters' orders is ignored from the moment of their initiation to the moment of informing about the fulfillment, etc.
voters’ order, problems of implementation, imperative mandate, voters, direct democracy, representative.
Alimov E. V. Problems of Implementation of Voters' Orders in the Constituent Entities of the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 42—53. (In Russ.) DOI: 10.12737/jrl.2019.10.4
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S. A. SINITSYN
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
In the article brought to the attention of readers, the problem of the specificity and grounds of tort and tort liability in corporate law is posed and investigated, and approaches that are theoretically and practically significant for improving legislation and science are proposed.
In preparing the article the following methods were used: formal legal, historical, comparative legal.
The development of corporate relations involves a detailed legislative regulation of the forms and methods of protecting corporate rights, the clarity of the conditions and forms of application of civil liability for committed offenses. On the agenda is the issue of distinguishing and typing protection measures and liability measures applied in corporate relations in the context of insufficient development of provisions on civil liability and the grounds for its application in certain areas of civil law regulation in the Russian doctrine. The traditional concept and forms of tort as well as the principles of tort liability must be clarified in relation to the specifics of corporate legal relations, taking into account the initial uncertainty of the legal qualification of illegal actions and offenses in the legal liability torii. The question of legal qualifications, composition and types, the need for special emphasis on corporate tort, needs to be clarified; without this, the fragmentation and whiteness of corporate legislation is obvious; these circumstances predetermine the goals and objectives of preparing the article. The content and nature of the legal responsibility of management, majority shareholders and minority shareholders for actions that entail a violation of corporate rights and legislation in terms of delimiting tort liability, responsibility for violating professional management standards or special fiduciary duties to the corporation, its participants and creditors is debatable. Theoretical modeling of the forms and conditions of tort liability in Russian corporate law involves an appeal to the doctrine of modern European corporate law.
corporate responsibility, abuse of corporate rights, management responsibility, balance of interests of participants in corporate relations.
Sinitsyn S. A. Tort Liability in Corporate Law. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 54—68. (In Russ.) DOI: 10.12737/jrl.2019.10.5
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Smirnov V. T., Sobchak A. A. Obshchee uchenie o deliktnykh obyazatelstvakh v sovetskom grazhdanskom prave. Leningrad, 1983.
Stepanov D. I., Mikhalchuk Yu. S. Otvetstvennost direktora pered korporatsiey za prichinennye ey ubytki v sudebnoy praktike. Moscow, 2018.
Wilcox V. A Company’s Right to Damages for Non-Pecuniary Loss. Cambridge, 2018.
Yegorova M. A., Krylov V. G., Romanov A. K. Deliktnye obyazatelstva i deliktnaya otvetstvennost v angliyskom, nemetskom i frantsuzskom prave. Moscow, 2017.
N. V. BUZOVA
Russian State University of Justice, Moscow 117418, Russian Federation
Public registers are formed as a result of a public registration of objects or the public registration of subjects of various rights. Such registers accumulate a large amount of information and in connection with the transition to the digital economy, the volume of information increases significantly. Currently, technologies are being actively used to copy significant amounts of information, including automatically, from electronic state registers through the information and telecommunication network and to create information resources based on such information. However, state registers are usually considered as repositories of information on the results of registration actions, which are elements of public law relations. There are legal mechanisms to prevent activities without right holder's permission, in particular, the termination of access to information resources via the Internet in respect of copyright and related rights (for example, databases). To apply these mechanisms, it is necessary to establish that legal nature of the public register corresponds to the database. The article analyzes the structure and content of state registers and attempts to draw an analogy and consider public registers as databases, which can be provided with legal protection in the framework of intellectual property rights, and the state as the holder of the exclusive right to the result of intellectual activity.
It is concluded that public registers, which are maintained in electronic form, have all features of databases. From this point of view, measures to deny access to them can be applied to information resources created as a result of unlawful use of public registries. In the future, it is possible to assume that public registries can be unified and provide more open public access through information and communication networks. Such consolidation and providing access require changes not in civil law regulating intellectual property, but in other legislation to address issues associated with providing access to information under special legal regimes.
database, public register, information, intellectual property, exclusive right, allied rights.
Buzova N. V. Are Public Registers Being Databases Protected as Objects of Allied Rights? Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 69—85. (In Russ.) DOI: 10.12737/jrl.2019.10.6
Cheryachukin V. V. Intellectual property rights to computer programs and databases in the Russian Federation and foreign countries. Moscow, 2015. 127 p. (In Russ.)
Commentary to the Fourth Part of the Civil Code of the Russian Federation. Ed. by E. A. Pavlova. Moscow, 2018. 928 p. (In Russ.)
Finck M., Moscon V. Copyright Law on Blockchains: Between New Forms of Rights Administration and Digital Rights Management 2.0. International Review of Intellectual Property and Competition Law (IIC), 2019, vol. 50, iss. 1.
Kalyatin V. O. Intellectual property law. Legal regulation of databases. Moscow, 2018. 186 p. (in Russ.)
Podshibikhin L. Improving the legal protection of databases. Intellektualnaya sobstvennost. 1999, no. 4, pp. 20—25. (In Russ.)
Tereshchenko L. K. Legal regime of information. Moscow, 2007. 192 p. (In Russ.)
Voynikanis E. A., Kalyatin V. O. Database as an object of legal regulation. Moscow, 2011. 174 p. (In Russ.)
V. V. GRUZDEV
Novosibirsk State University of Economics and Management, Novosibirsk 630099, Russian Federation
Problems of the contract process traditionally attract close attention of civil law scientists. In particular, the category of essential conditions of the contract, which is of great practical importance, is widely studied. At the same time, according to the vast majority of scientists, the essence of the contract is included in the content of the concluded agreement, which gives a contractual legal relationship.
Using formal-logical, historical and comparative-legal methods of research, the author proves that understanding the phenomenon of essence should be based on a different approach - the construction of essence of the contract should be considered as a means of civil regulation of pre-contractual relations. In this regard, the analysis of the main points of view on the nature of the concept under consideration is carried out, the author's vision of essential conditions is proposed, their difference from non-essential conditions is shown.
It is concluded that the essence of the contract is the point negotiated by the contractors, i. e. the conditions discussed at the conclusion of the contract, under which an agreement must be reached in order to recognize the contract as concluded. The phenomenon of essence is observed only until the conclusion of the contract. After the conclusion it is necessary to talk about the terms of the contract, as well as the content of the contractual relationship in the form of rights and obligations defined as terms of the contract, and the entire arsenal of civil law norms. As for random conditions, they are proposed to be understood as the points of negotiations of the contractors that have not become the conditions of the contract. There is a presumption that the asset provision on account of the contract means the existence of this contract. In cases where the text of the contract for which the full or partial asset provision is made does not contain essential conditions. The task of the court is to find the missing conditions. With this purpose all permissible evidences, including actually produced asset provision, must be evaluated.
conclusion of the contract, essence of a contract, random terms of a contract, asset provision, recognition of a contract as non-concluded.
Gruzdev V. V. Essence of a Contract and Consequences of Their Disagreement by Contractors. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 86—97. (In Russ.) DOI: 10.12737/jrl.2019.10.7
Braginskiy M. I., Vitryanskiy V. V. Contract law. Book 2. Moscow, 2000.
Braginskiy M. I., Vitryanskiy V. V. Contract law. Generalities. Moscow, 2000. 848 p. (In Russ.)
Civil law of Russia. Vol. II. Ed. by E. A. Sukhanov. Moscow, 2015. 1208 p. (In Russ.)
Civil law. Part 1. Ed. by A. G. Kalpin, A. I. Maslyaev. Moscow, 1997. 472 p. (In Russ.)
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Gruzdev V. Composition and substance of contractual obligations of the parties. Khozyaystvo i pravo. 1999, no. 7, pp. 89—94. (In Russ.)
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Krasavchikov O. A. Civil law contract: concept, content and functions. Categories of science of civil law. Selected works. Vol. 2. Moscow, 2005. Pp. 269—288. (In Russ.)
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Model rules of European Private Law. Moscow, 2013. 989 p. (In Russ.)
Nikitin V. V. Essential conditions and non conclusion of contracts: Russia and the world. Aktualnye problemy rossiyskogo prava, 2014, no. 5, pp. 799—809. (In Russ.)
Novitskaya T. E. Civil code of the RSFSR of 1922. Moscow, 2002. 223 p. (In Russ.)
Perov O. Essential terms of the loan contract: a systematic approach. Khozyaystvo i pravo, 2010, no. 6, pp. 30—35. (In Russ.)
Shershenevich G. F. Textbook of russian civil law (ed. One thousand nine hundred seven). Moscow, 1995. 556 p. (In Russ.)
UNIDROIT principles of international commercial contracts 2010. Moscow, 2013. 758 p. (In Russ.)
Vitryanskiy V. V. Essential terms of the contract in the domestic civil law and law enforcement practice. Vestnik Vysshego Arbitrazhnogo Suda Rossiyskoy Federatsii, 2002, no. 5—7. (In Russ.)
L. K. TERESHCHENKO
Institute of Legislation and Comparative Law under the Government of
the Russian Federation, Moscow 117218, Russian Federation
At different stages in the development of economic relations, there is a different relationship between state regulation and deregulation in various spheres, which depends on a number of reasons. The regulation of such a complex industry as communications should meet modern requirements. At present, when the task is set of creating new, digital economy, eliminating unnecessary administrative barriers, the issues of correlation of state regulation and deregulation, including those in the communications sector, are particularly important. The article is devoted to the analysis of regulation's state in the communications field, identification of areas that can be removed from the regulation in which mechanisms of self-regulation and deregulation can be used.
The aim of the study is to identify existing trends in the use of regulation and deregulation of the communications sector by the state. For this the possible direction of deregulating the communications sector is studied, areas in which regulation has been strengthened and areas in which both government regulation and self-regulation can be applicable are identified. Since the communication sphere is in constant development, the technical and technological aspects of this industry are constantly being improved, the social relations arise that are not included in the legal field, while not related to the deregulated ones also. The article also touches on the gaps in the law.
The methodological basis of the article is a set of methods of scientific knowledge. General scientific and private scientific research methods are applied, in particular formal legal, technical legal ones.
The conclusion: the main volume of regulation in the field of communications lies with the state and the tendency to deregulation can be seen only on issues of pricing. At the same time, there are important areas for both the state and business, along which joint efforts should be made. First of all, these are security issues. Here the state exercises regulation, providing for entities the possibility to choose the most optimal means of protection, defining their own security requirements, forming their own security policies, etc. The sphere of joint efforts of the state and telecom operators, carried out not only by legal means, but also as part of their own initiatives, include the fight against child pornography, initiatives to create a “safe Internet”, etc.
communication sphere, telecommunications, state regulation, self-regulation, deregulation, telecom operator.
Tereshchenko L. K. Regulation and Deregulation of Communications by State. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 98—108. (In Russ.) DOI: 10.12737/jrl.2019.10.8
Administrative procedures and control in the light of european experience. Ed. by T. Y. Khabrieva, Zh. Marku. Moscow, 2011. 320 p. (In Russ.)
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Dispozitivnost i nalogooblozhenie: kommentariy zakonodatelstva i praktiki nalogovogo administrirovaniya. Аccess from SPS “Consultant Plus”. 2017.
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Markvart E., Kurbanov B. Ne takie, kak vse: primenenie zakonodatelstva o bankrotstve k publichno-pravovym obrazovaniyam i publichnym yuridicheskim litsam (na primere Germanii i Rossii). Imushchestvennye otnosheniya v Rossiyskoy Federatsii, 2018, no. 6.
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Tikhomirov Yu. A. Upravlenie delami obshchestva. Moscow, 1994.
V. V. CHEREZOV
Surgutneftegas, Moscow 101000, Russian Federation
Currently, the priority direction of development in the sphere of legislative regulation of taxation in the Russian Federation is the formation of a stable and predictable tax system that meets the criteria of investment attractiveness. The implementation of this task is carried out, among other things, through the introduction and improvement of discrete mechanisms to resolve contentious issues of taxation, including the pricing agreement.
The lack of common approaches to the interpretation of the pricing agreement causes different interpretations of the substance of this mechanism in tax law, thereby necessitating its further study. The achievement of this goal is facilitated by the following tasks: determining legal nature of this phenomenon in the context of inter-sectoral interaction between public and private law; evaluating the principles of working out the concept of the agreement in relation to national and international regulation; identifying nature of the emerging relations, taking into account law enforcement practice; identifying the General purpose of the pricing agreement in the field of taxation. In the framework of the considered problem, the directions of forming views on this phenomenon's essence of the pricing agreement are investigated.
The paper uses methods of analysis and synthesis, as well as comparative legal method.
The author comes to the conclusion that regulation of the pricing agreement in the tax law of the Russian Federation is based on a comprehensive approach consisting in borrowing and using civil law mechanisms for regulating contractual obligations in combination with the reception of the legal content of the principles developed within other legal systems that serve in the world practice as a universal model for building legal norms of national legislation on preliminary pricing agreements. The legal status of a bilateral, multilateral pricing agreement as an international Treaty expressed in a mutual agreement between the competent authorities provided for by treaties on avoidance of double taxation is determined.
pricing agreement, mutual agreement, treaty, consensus, mutual rights and obligations, principles of taxation, agreement, contract.
Cherezov V. V. Legal Nature of a Pricing Agreement in Russian Tax Law. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 109—120. (In Russ.) DOI: 10.12737/jrl.2019.10.9
Barulin S. V., Minvalieva M. S. Problems of price formation and control of transaction prices use between interdependent persons for the purposes of taxation. Nalogi i finansy, 2015, no. 3, pp. 16—22. (In Russ.)
Braginskiy M. I., Vitryanskiy V. V. Contract law. Book One: General Provisions. Moscow, 2011. 847 p. (In Russ.)
Civil law. Vol. 1. Ed. by V. P. Mozolin. Moscow, 2012. 816 p. (In Russ.)
Demin A. V. Dispositiveness and taxation: commentary on legislation and tax administration practices. Аccess from SPS “Consultant Plus”. 2017. (In Russ.)
Demin A. V. The principle of certainty of taxation. Moscow, 2015. 368 p. (In Russ.)
Kopina A. A. Countering “aggressive tax optimization” in Russia. Nalogi, 2016, no. 10, pp. 4—10. (In Russ.)
Mukhamadeeva G. A. Pricing agreement for tax purposes as a type of tax agreement. Nalogi, 2013, no. 4, pp. 51—54. (In Russ.)
Shatalova S. S., Zakharenkova E. V. Analysis of the first experience with the application of transfer pricing rules in 2012—2013. RANEPA. Moscow, 2018. 85 p. (In Russ.)
Shestakova E. V. The conclusion of tax agreements. Rossiyskiy yuridicheskiy zhurnal, 2016, no. 3, pp. 195—201. (In Russ.)
Starilov Yu. N., Davydov K. V. Administrative contract in the public administration system: purpose, legal conditions, types. Administrativnoe pravo i protsess, 2013, no. 5, pp. 4—9. (In Russ.)
Tyutin D. V. Tax Law. Аccess from SPS “Consultant Plus”. 2017.
Yershova I. V., Aganina R. N., Andreev V. K. et al. Business law: Legal support of business. Ed. by I. V. Yershova. Moscow, 2017. 848 p. (In Russ.)
Zadorozhnaya A. I. Institute of tax control of transfer pricing in the Russian Federation. Cand. diss. St. Petersburg, 2017. 270 p. (In Russ.)
I. V. PLYUGINA
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
The current stage in the development of educational migration is associated with the internationalization of education in the second half of the 20th Century, when, against the backdrop of the growing globalization and integration processes, measures are taken to bring educational standards closer and harmonize the educational process. Since that time, the practice of concluding bilateral and multilateral treaties on the mutual recognition of training courses, documents on education and academic degrees has become widespread, acts have been developed that detail international student mobility and determine the legal status of students - foreign citizens, the format of interaction and cooperation between educational organizations has been modernized in particular, various forms of cooperation began to be used more often.
Students - foreign citizens in many countries belong to the priority migration group, because they have intellectual potential, knowledge of the language of the host state, and are largely adapted to the host society. Educational migration contributes to an increase in the number of able-bodied people and skilled workers in the labour market, since graduates of educational organizations often remain in the state of study for the subsequent implementation of labour activities.
In recent years, issues of educational migration have been the focus of active attention of state authorities: the promotion of educational migration is one of the main directions of the modern state migration policy of the Russian Federation. Since 2013, the legal framework in this area has been substantially updated; special programs and projects are being implemented aimed at increasing the attractiveness of Russian educational organizations for potential students, etc.
Orientation to the task of a significant increase in the number of foreign students necessitates the adoption of additional measures aimed at stimulating educational migration. The article discusses the existing legal problems that impede educational migration, including those related to the peculiarities of the modern system of migration registration, the existing regime of entry and stay on the territory of the Russian Federation and employment. The special attention is also paid to the adaptation of students - foreign citizens. The study indicates the legal means, which can promote educational migration and overcome identified problems.
migration, educational migration, foreign citizens, foreign students, migration policy of the Russian Federation.
Plyugina I. V. Legal Means of Facilitating Educational Migration. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 121—135. (In Russ.) DOI: 10.12737/jrl.2019.10.10
Andrichenko L. V. Legal Mechanisms of Social and Cultural Adaptation and Integration of Migrants in the Russian Federation. Zhurnal rossijskogo prava = Journal of Russian Law, 2015, no. 10, pp. 5—18. (In Russ.)
Andrichenko L. V. Migration Law in the Russian Legal System. Zhurnal rossijskogo prava = Journal of Russian Law, 2018, no. 3, pp. 5—16. (In Russ.)
Andrichenko L. V., Plyugina I. V. Migration Legislation of the Russian Federation: Development Trends and Practice of Application. Moscow, 2019. 392 p. (In Russ.)
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Darenkova N. N. Adaptation of first-year students to study at a technical university in the conditions of education informatization: abstract of the dissertation of the candidate of pedagogical sciences. Nizhny Novgorod, 2015. 26 p. (In Russ.)
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Plyugina I. V. Registration Institute: Comparative-Legal Analysis. Zhurnal zarubezhnogo zakonodatel’stva i sravnitel’nogo pravovedeniya = Journal of Foreign Legislation and Comparative Law, 2018, no. 3, pp. 101—106. (In Russ.)
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D. O. SIVAKOV
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
Russian legislation of fisheries and the conservation of aquatic biological resources has been and remain an extremely complex and volatile industry, including the distribution of fishing rights for aquatic biological resources. However, many methods and regulation techniques have been in effect for quite some time. The legislative novels under study constitute principles and methods for allocating quotas for catching aquatic biological resources, which constitute an alternative to the historical principle that has been preserved to this day. The legislator has established a direct link between quotas for aquatic biological resources and the creation of fisheries infrastructure.
The research goal lies in the theoretical and practical comprehension of catch quota biological resources for investment purposes. An important research task is the definition of investment catch quota in the system of allocation of rights over water resource catches. One more goal is to reveal perspectives of realization of investment catch quota for water biological resources in frames of Russian fishing industry. The author researches the legally provided cases of mutual binding of rights to catch water biological resources with the development of fishing industrial infrastructure (fishery vessels, factories). The article analyzes procedural issues of innovative quota assignment and brings up facts on legal application. In the context of the comparative legal method, the foreign analogies are inspected (vessel quotas and community development quotas). The author reveals the evolution of investment for crab quotas, being a part thereof. The correlation between historical principle investment and crab quotas is studied as well.
In line with the comparative legal research method, foreign analogues are given (in the form of ship quotas or quotas for community development). The author reveals the evolution of catch quotas for investment purposes up to crab quotas. The relationship is being studied on the one hand of the historical principle, and on the other hand, of new types of quotas.
At present, the parity of different principles and methods of distribution of rights to catch aquatic biological resources is ensured, which indicates the flexibility of regulation. On the one hand, the historical principle of the distribution of fishing rights is preserved, and also there are legal institutions (investment and crab quotas) that are designed to ensure wide competition between business entities in the field of fishing.
industrial and coastal fishery, total allowable catch, investment catch quota for water biological resources, historical principle, fishing infrastructure, technological burst, ship quota, community development quota.
Sivakov D. O. Legal Institute of Investment Quotas in the Field of Fishery. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 136—144. (In Russ.) DOI: 10.12737/jrl.2019.10.11
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Bogolyubov S. A., Zharikov Yu. G., Mininna E. L. и др. Legislation on fisheries and conservation of aquatic biological resources in questions and answers. Ed. by D. O. Sivakov. Мoscow, 2014. 241 p. (In Russ.)
Commentary to Federal law No. 166-FZ of 20 December 2004 “On fisheries and conservation of aquatic biological resources” (article-by-article). Ed. by I. V. Shopen. Access from SPS “ConsultantPlus”. (In Russ.)
Commentary to Federal law No. 166-FZ of 20 December 2004 “On fisheries and conservation of aquatic biological resources” (article-by-article). Ed. by O. L. Dubovik. Access from SPS “ConsultantPlus”. (In Russ.)
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Sivakov D. O. Model of Responsible Fishery and the National Legislation. Zhurnal zarubezhnogo zakonodatel’stva i sravnitel’nogo pravovedeniya = Journal of Foreign Legislation and Comparative Law, 2015, no. 3, pp. 512–518. (In Russ.)
Sivakov D. O., Shulga S. V., Shalyapin G. P. Legal support for the development of fisheries in Russia and abroad. LAP Lambert Academic Publising, 2018. 120 p. (In Russ.)
The first stage of construction of the fish terminal in Kamchatka has been completed. Available at: http://fish.gov.ru/press-tsentr/novosti/25102-zavershjon-pervyj-pervyj-etapstroitelstva-rybnogo-terminala-na-kamchatke. (In Russ.)
The growth of the main indicators of the fishing industry in Russia continued in 2018. Available at: http://fish.gov.ru/press-tsentr/novosti/26838-v-2018-godu-prodolzhilsya-rostosnovnykh-pokazatelej-rybnoj-otrasli-rossii. (In Russ.)
N. G. DORONINA, N. G. SEMILYUTINA
N. G. DORONINA, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
N. G. SEMILYUTINA, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
The article analyzes the actual problems of the strategy of foreign economic activity, which include primarily the problem of intellectual property ownership protection in the international turnover of the latest technology. In the context of globalization of the world economy, the modern world order should be perceived as an area of competition: between states, between individual entrepreneurs and their associations. The possession of advanced technologies and knowledge significantly increase the competitiveness of the competitor and their development becomes a priority in the economic development strategies of most countries. This is reflected in the report of Mukhisa Kituyi, Secretary-General of the United Nations Conference on trade and development (UNCTAD): “The United Nations programme to achieve the sustainable development goal by 2030 requires unprecedented efforts to address multiple interrelated social, economic and environmental challenges. Knowledge, technology and innovation play a Central role in achieving this goal”. Foreign economic activity in international trade of intellectual property becomes an important part of the overall strategy of the state’s economic policy. The article reveals the peculiarities of the application of the legislation on the protection of
intellectual property as a tool to protect national interests in international competition.
intellectual property, patent policy, protection of rights, TRIPS, national security.
Doronina N. G., Semilyutina N. G. Actual Legal Problems of International Economic Activity. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 145—151. (In Russ.) DOI: 10.12737/jrl.2019.10.12
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O. A. BELYAEVA, A. M. TSIRIN
O. A. BELYAEVA, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
A. M. TSIRIN, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow 117218, Russian Federation
This article is devoted to improving the efficiency of anti-corruption in the field of corporate procurement. The study is based on measures aimed at improving anti-corruption standards in the procurement of goods, works, services by certain types of legal entities (“corporate” procurement), provided for in section III of the National Anti-Corruption Plan for 2018-2020, approved by Presidential Decree No. 378 of 29 June 2018. The authors analyze these measures in detail, formulate proposals for their implementation, and explore the conditions that provoke a conflict of interest between the bidder and the customer; assess the information subject to mandatory disclosure by the officials of the customer in order to prevent a conflict of interest. In addition, the article discusses the implementation of a number of possible obligations of corporate procurement entities, including the provision of information to the customer in order to identify circumstances indicating the possibility of a conflict of interest with the customer.
Based on the results of the analysis, conclusions are drawn about the need to synchronize the legislation on procurement and anti-corruption legislation, as well as the need to expand the functionality of the units for the prevention of corruption and other offenses, taking into account the provisions of section III of the National Anti-Corruption Plan for 2018-2020. At the same time, it is recommended to pay special attention to ensuring the interaction of departments for the prevention of corruption and other offenses with contract services (procurement departments), increasing the efficiency of information exchange between them. The authors conclude on the integration into the current legislation of the most complete range of information obtained in order to identify the circumstances that indicate the possibility of a conflict of interest.
anti-corruption, purchases, conflict of interests, illegal remuneration, register, digital technologies.
Belyaeva O. A., Tsirin A. M. Ways to Improve the Efficiency of Anti-Corruption in the Field of Corporate Procurement. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 152—162. (In Russ.) DOI: 10.12737/jrl.2019.10.13
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R. O. DOLOTOV, D. V. KRYLOVA
R. O. DOLOTOV, National Research University “Higher School of Economics”, Moscow 101000, Russian Federation
D. V. KRYLOVA, National Research University “Higher School of Economics”, Moscow 101000, Russian Federation
The article examines the current problems of the institute of independent anti-corruption expertise - its low efficiency, unsatisfactory results in terms of quantity and quality, insufficient initiative and low productivity of independent experts accredited to conduct anti-corruption expertise, as well as possible solutions to identified problems.
The goals and objectives of the study are to develop scientifically based measures to increase the effectiveness of the institute of independent anti-corruption expertise by improving the regulatory framework in the field of accreditation of independent experts, the organizational and legal measures aimed at ensuring the consolidation (association) of independent experts, and measures at communication management to ensure the effective interaction of all participants of public relations in this area.
During the study, general scientific (formal-logical and systemic) methods and private-scientific (formal-legal and technical-legal) methods were used.
The scientific analysis of the key factors made it possible to substantiate the conclusions for improving requirements experts getting accreditation: specifying the expert's competence, additional requirements on the number of annually prepared expert opinions, the grounds for early withdrawal of the expert's accreditation certificate, restrictions for accreditation. Creating a non-profit organization of accredited experts is important for identifying expert areas of accreditation, improving the methodology of anti-corruption expertise, organizing training and developing an ethics code for experts. The authors have developed proposals for the interaction of authorities conducting anti-corruption expertise in the framework of expert councils involving representatives of civil society whose interests are affected by normative legal acts, and support of the councils by scientific institutions.
anti-corruption expertise, independent anti-corruption experts, expert opinions, accreditation of independent experts, the scope of accreditation, Ethical Codes, expert councils.
Dolotov R. O., Krylova D. V. Prospects for Improving the Effectiveness of the Institution of Independent Anti-Corruption Expertise. Zhurnal rossijskogo prava = Journal of Russian Law, 2019, no. 10, pp. 163—173. (In Russ.) DOI: 10.12737/jrl.2019.10.14
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T. F. MINYAZEVA
Moscow Academy, Investigative Committee of the Russian Federation, Moscow 125080, Russian Federation