Protection of Russian Citizens Living and Working Abroad: Juridical Aspects

2021 ◽  
pp. 78-83
Author(s):  
V. V. Mikhailov

The article is devoted to the problem of protection of Russian citizens living and working in foreign countries, which is relevant in modern Russian jurisprudence. The deterioration of the international situation makes this topic even more relevant, since the rights of Russian citizens abroad are increasingly violated, and existing bilateral agreements are not being implemented. It is proposed to consider the problem of Russian citizens abroad in the complex of protection of group rights, which requires clarifying the concept of group rights, including categories of groups of citizens living in foreign countries, determining the legal status and characteristics of these groups. The creation of a single legal space for individual and group rights should create conditions for the activation of the state and the public’s activities for the legal protection of Russian citizens abroad, and support the cultural and economic ties of Russian diasporas with Russia.

2021 ◽  
Vol 43 (3) ◽  
pp. 7-19
Author(s):  
Jacek Borowicz

In Poland before the Second World War, the profession of patent attorney was categorised as one of the so-called liberal professions. Its legal status and rules of practice were compared to the solicitor profession. A patent attorney practiced his profession personally, independently, and autonomously. In order to exercise his profession, he ran an independent patent attorney’s office. In the second half of the 1940s, with the communists taking power in Poland, a radical transformation of the social, political, economic, and legal system of the state along the lines of Stalin’s Soviet Union began. Any social, political, or economic activities characterised by independence and autonomy were thus in axiological contradiction with the ideology of the planned totalitarian state. The Act on the Establishment of the College of Patent Attorneys passed on 20 December 1949 completely abolished the structure of the patent attorney profession as a free profession, exercised in its own name and on its own account. From that moment on, the patent attorney became a civil servant performing their professional activities under strict hierarchical subordination to his superiors. There was no guarantee of their intellectual independence or professional autonomy. The practice of the patent attorney profession was subject to public law. The Patent Attorneys College was in fact another state office. It was organisationally and financially linked to the Patent Office — an administrative body granting legal protection to objects of industrial and commercial property, collecting and making available patent documentation and literature. The president of the Patent Office supervised the Patent Attorneys College. Both the Patent Attorneys College and the Patent Office were supervised by the State Economic Planning Commission. The State Commission for Economic Planning was a kind of super-ministry, tasked with a Soviet-style mission of closely supervising and controlling the entire centralised economy of the Polish state. The chairman of the State Economic Planning Commission also had key powers to influence patent attorneys. It was he who determined the subject of their professional examination, he who appointed a person meeting the statutory requirements to the position of a patent attorney. He could also exempt a candidate for the profession from meeting the requirements as well as appoint the president of the Patent Attorneys College. The Act of 20 December 1949 was repealed with the end of the Stalinist period in Poland. In 1958, the profession of patent attorney was briefly reinstated as a free profession. After that, until the end of the existence of the socialist state called the Polish People’s Republic, patent attorneys performed their profession as employees within the meaning of the labour law. It was not until the fall of communism in Poland that the profession of a patent attorney was re-established as a liberal profession under the provisions of the Act on Patent Attorneys of 9 January 1993.


2021 ◽  
Vol 6 (4) ◽  
pp. 26-32
Author(s):  
Dilrabo Egamova ◽  

In this article, issues of commercialization of intellectual property objects, which are one of the topical issues in the field of intellectual property, including the commercialization of patented inventions, their legal status, creation of inventions, licensing of patent rights,sale of patent rights, copyright rights, restoration of violated rights are considered. At the same time, the opinions of anumber of scientists on the commercialization of intellectual property objects in foreign countries and the Republic of Uzbekistan have been studied


2021 ◽  
Author(s):  
Marat Baglay

The fifth, significantly revised edition of the textbook highlights the basic concepts and institutions of foreign constitutional law, reveals its subject, system, sources. The issues of the legal status of the individual, forms of the state, local self-government, etc. are comprehensively analyzed. In the interests of a more in-depth and integral, comprehensive understanding of the state system of the leading countries, the textbook includes chapters on the USA, Great Britain, France, Germany, Italy, Spain, the Nordic countries, Japan, China, India, the Arab states, the EAEU countries, Uzbekistan. Special chapters contain regional reviews of the main constitutional and legal institutions. For students, postgraduates and teachers of law schools and faculties.


2021 ◽  
Vol 284 ◽  
pp. 03006
Author(s):  
Bakhodir Sultanov ◽  
Napisa Abdurazakova ◽  
Odiljon Shermatov ◽  
Oybek Fayziev ◽  
Azamat Jumanov ◽  
...  

Horticulture is an important part of agriculture throughout the world. Fruits are used in the diet of the population, both fresh and for the production of various processed products, and most importantly, the most popular is dried fruits. In this regard, the topic is relevant both for the agricultural economy and for the country's economy as a whole. Intensive gardening is a combination of technologies, means, resources based on modern, intensive, innovative bases. The purpose of researching the material of the article is to analyze the corresponding situation of intensive gardens in the Republic of Uzbekistan, analyze the development and formulate proposals for increasing the economic attractiveness of cultivating intensive gardens, both for local consumption within the country and for export to foreign countries. The object of the study was the gardening of the Republic of Uzbekistan, in particular, they were accepted for analysis in 2016-2020. The objectives of the study of the material were the study of the economic side of the cultivation of intensive gardens, diagnostics of the state of intensive gardens, based on the analysis, the creation of proposals admissible for adoption on the territory of the Republic of Uzbekistan.


Author(s):  
Victoria Dorofeeva ◽  
Lyudmila Kaverzina ◽  
Dmitriy Zhmurov ◽  
Tatyana Krasnova ◽  
Valeriy Burakov

The authors enumerate and analyze key challenges that global financial and legal systems face in connection with the introduction of cryptocurrency. They present definitions of cryptocurrency used in international and Russian practice. The authors also study the court practice on crimes involving the use of bitcoins and examine the approaches to determining the legal status of cryptocurrency in foreign countries and in the Russian Federation. It is stated that at present the international regulatory practice lacks a common universal document that would regulate the use of digital (electronic) currencies. At the same time, a considerable number of foreign countries have already worked out their attitudes to virtual currency — ranging from the absolute prohibition of all operations to stimulating mining and payments in cryptocurrencies. The authors identify five key approaches to regulating the market of cryptocurrencies in international practice. They outline multiple risks connected with the partial substitution of official means of payment by cryptocurrencies. It is stated that in our country cryptocurrencies and operations involving them are now beyond the scope of law because cryptocurrencies are not recognized as an object of legal protection. However, a number of draft laws that regulate the issue and turnover of «virtual assets» are to be adopted in the near future. The authors identify key prerequisites for the use of effective regulatory approaches to operations with cryptocurrencies and the directions for the creation of a normative legal base for such operations in the Russian Federation. It is important to take measures and prevent the use of cryptocurrencies for the financing of criminal activities and terrorism. The authors use the analysis of the normative legal basis of the Russian Federation, existing theories and their own considerations to recommend an introduction of a favorable regime of cryptocurrency market regulation by implementing the best international practices whose essence (in general terms) is reflected in the clauses of this article.


Author(s):  
A. M. Osavelyuk

The article proposes an analysis of legislation and scientific research on the legal status of indigenous small peoples in foreign countries. Particular attention is paid to the types of public authorities and ombudsmen, the specifics of their legal status and the powers to protect the rights of indigenous peoples in different States. Specific mechanisms for the action of the law, in particular Aboriginal law based on the use of religious and moral traditions of small peoples, are proposed. Among the aspects of the legal protection of the child's interests are the discussion points of the independence of the legal status of the child and its implementation externally, including in the context of the implementation of parental rights. A special place is given to the problem of the law-making of public bodies created by indigenous peoples themselves.


Author(s):  
Lesia. Khudoiar

Constructing the concept of "Ukrainian legal space" is a rather difficult task that is still waiting to be solved. The solution of this problem will be facilitated by the formulation of the concept of "Ukrainian legal space of the Cossack-Hetman era". In the environment of the Ukrainian social legal space of the Cossack-Hetman era there was the state space of the Zaporozhian Sich or the Zaporozhian Lowland Army and the state space of the Hetmanate, or the Zaporozhian Army. Common to the Ukrainian ethnos of these territories were the following types of public legal space: the space of traditional and the spontaneous masses law, the space of canon law. The content of the individual legal space, determined the legal status of the person. The legal status of specific individuals (the content and scope of rights, responsibilities, legitimate interests, guarantees of their implementation) depended on belonging to a specific status and population group. Legal spaces of the Cossack-Hetman era are divided into territorial and extraterritorial legal spaces. Territorial legal spaces include the state legal spaces of the Zavorozhian Sich and the Hetmanate. The extraterritorial legal space is the urban legal space. An important characteristic of the Ukrainian legal space of the Cossack-Hetman era is its dynamics. "Ukrainian legal space of the Cossack-Hetman era" is a holistic set of dynamic legal phenomena, actions and events, as well as dependencies, relationships, relations, actions, demands and claims of the subjects of law of the Ukrainian ethnic group within a specific space (territory) in specific time intervals, expressed in its forms and a set of kinds of legal spaces.


2020 ◽  
Vol 10 ◽  
pp. 76-80
Author(s):  
Dmitriy E. Gulyaev ◽  

The article analyzes the problems that are currently being actively discussed by state authorities in the implementation of human rights activities by the Ombudsman in the Russian Federation and ombudsmen in the subject of the Russian Federation. The article contains suggestions for solving the problem of the lack of legal mechanisms for the transfer of powers by ombudsmen to other representatives during inspections of complaints received from citizens of the Russian Federation. The results of the analysis of the legislation of foreign countries are presented, on the basis of which the model of a special official of the Ombudsman suitable for Russia is substantiated, which is designed to increase the effectiveness of human rights activities. It is proposed to establish at the federal level the Institute of Deputy Ombudsman and provide for the possibility of establishing such an institution at the level of subjects of the Russian Federation. Deputies will be elected respectively by the State Duma of the Federal Assembly of the Russian Federation and the legislative (representative) bodies of subjects of the Russian Federation and will have legal status similar to ombudsmen. In this regard, it is proposed to amend the current federal legislation. The article also substantiates the position of the need to expand the range of powers of the Ombudsmen in the subjects of the Russian Federation in relation to territorial authorities, the activities of which are controlled by the President of the Russian Federation.


The article explores the concepts and fundamental characteristics of legal responsibility of People's Deputies. According to the author, consideration of the institution of legal responsibility of parliamentarians is relevant and promising as a type of social responsibility in theoretical and practical terms. The urgency of the problem is due to the trends of legal responsibility differentiation and institutionalization going that far, in particular in foreign countries, that have led some experts to justify the concept of autonomous parliamentary responsibility as a separate phenomenon among types of legal responsibility in general. Attention is drawn to the fact that an integral part of the process identifying the institution of legal responsibility is the improvement of legislation on the legal status of a People’s Deputy, which component is justifiably considered legal responsibility of a parliamentarian as a political figure authorized to execute state legislative functions. It is proved that parliamentary responsibility is a specification of the state responsibility principle which is significant in the state of law as a legal entity towards the people as a legal entity and citizens. The article also analyzes the peculiarities of the introduction of legal responsibility of a parliamentarian into legislation and state and legal practice resulting in the gradual separation of constitutional and legal responsibilities of a parliamentarian and parliament. The author joins the new already established approaches in legal science, under which all the multifunctionality of the phenomenon of legal responsibility of a parliamentarian is not limited to the issue in institutional and normative dimensions, but also in socio-cultural and value-anthropological aspects, which is absolutely justified by contemporary understanding any functional or dysfunctional legal phenomenon having not only a purely institutional but also a value dimension. It is argued that legal relations of the people and human with the state should be built on the basis of mutual responsibility under terms of a democratic law and social state in general, since a state turns a real subject of responsibility towards society under democratic conditions provided normatively (constitutionally and legally) and institutionally (through the establishment of specific government bodies and officials responsible for a certain element of the system of state functions including Members of Parliament).


2021 ◽  
pp. 5-12
Author(s):  
N. N. Musinova ◽  
N. S. Sergienko

Modernization of Russia involves a qualitative breakthrough in the sector of small and medium-sized businesses, using new technologies and developing an innovative sphere. The creation of a developed small and medium-sized enterprise can solve many modern Russian problems, so the state should develop small and medium-sized enterprises and, if necessary, support them. The need to support small and medium-sized enterprises has become particularly acute during the coronavirus pandemic and continues to be relevant both abroad and in the Russian Federation. The study of domestic and foreign experience in providing support to small and medium-sized businesses allowed us to highlight general and private forms of assistance. 


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