GROUNDS FOR ESTABLISHING INTERNATIONAL JUDICIAL JURISDICTION IN RELATION TO CROSS-BORDER CONSUMER DISPUTES IN DIGITAL ERA

Lex Russica ◽  
2019 ◽  
pp. 96-107
Author(s):  
L. V. Terentyeva

The paper examines the issues of establishing international judicial jurisdiction in relation to crossborder consumer disputes in the digital environment. To this end, the author makes a comparative analysis of the grounds for establishing judicial jurisdiction in the form of "distribution of advertising in the information and telecommunication network "Internet", aimed at attracting the attention of consumers" enshrined in art. 402 part 3 para. 2 of the Civil Procedural Code of the Russian Federation, and the criterion of "directed activity of the professional party to the territory of the country of residence of the consumer", provided for in EU law.The paper provides proposals for the interpretation of the grounds of jurisdiction of the Russian court, i.e. "advertising in the information and telecommunications network "Internet", aimed at attracting the attention of consumers in the territory of the Russian Federation", which should determine the use of protective judicial mechanisms in relation to the consumer from the use of an adverse judicial jurisdiction of a state, and against the employer, with the reasonable possibility of foreseeing the establishment of judicial jurisdiction of the consumer.

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2020 ◽  
Vol 18 (9) ◽  
pp. 1787-1798
Author(s):  
S.N. Ayusheeva

Subject. This article assesses the effectiveness of the existing system of environmental management based on the user-pays principle in terms of reducing the negative impact on the environment. Objectives. The article aims to conduct a comparative analysis of the anthropogenic impact on natural environment components and deficiency payments for pollution in the model areas of the Russian Federation. Methods. For the study, I used the methods of computational, comparative, systems, and structural analyses. Results. Based on the ecological rating of the Russian Federation subjects, the article defines model areas, assesses the degree of anthropogenic impact on the basis of pollution relative rates, and describes the particularities of environmental investment in the selected areas. Conclusions. The system of payments for pollution does not affect the economic behavior of economic entities.


2020 ◽  
Vol 22 (1) ◽  
pp. 34-38
Author(s):  
Ибрагимова Г.Я. ◽  
◽  
Хабибуллина Д.Ш. ◽  
Гайсаров А.Х. ◽  

2020 ◽  
Vol 86 (2) ◽  
pp. 69-78
Author(s):  
S. N. Gusarova ◽  
Yu. M. Erokhina ◽  
D. I. Kramok ◽  
E. I. Khunuzidi

Since September 1, 2019, GOST ISO/IEC 17025–2019 has been enacted as a national standard in the Russian Federation. The novel standard imposes a number of fundamentally new requirements for testing laboratories (hereinafter referred to as the IL or laboratory), and also supplements and specifies the requirements previously regulated by GOST ISO/IEC 17025–2009. In this regard, in order to transfer laboratories to the new requirements, the FSA issued an order in August 2019 listing the mandatory activities that IL must fulfill to bring their activities in line with the new requirements. However, a transition period desired for matching these requirements is absent on a practical level for a number of the laboratories. The purpose of the article is to facilitate a gentle, efficient and pain-free move from the requirements of GOST ISO/IEC 17025–2009 to the new requirements of GOST ISO/IEC 17025–2019, including compliance with new changes in accreditation criteria. We carried out a comparative analysis of the requirements of the new and previous versions of the standard and marked each new and significant item to which the laboratory should pay attention first of all. The new standard focuses on the application of the process approach, risk and opportunity management, as well as on implementation of the policy of impartiality, independence, minimization of competitive interests and confidentiality. The article describes the planning, implementation and monitoring of each event or phase of the transition of testing laboratories to new requirements. Moreover, the recommendations on the structure of the «Quality Manual» and self-assessment on the compliance of IL activities and QMS with the new requirements, including the use of statistical methods for substantiation of the correctness of the assessment are given as an example of the implementation of IL capabilities.


2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.


Author(s):  
A.S. Rudenko ◽  
R.E. Dolgodvorov ◽  
S.A. Smirnov ◽  
A.P. Smirnov ◽  
A.N. Korkishko

Article gives a comparative analysis of using road clothes made of graded breakstone and gravelly sand mixes (GSM) for autonomous oil fields located in the northern territories of the Russian Federation. Positive and negative characteristics of inert material delivered to the field are noted. There have been made calculations based on regulatory acts for road clothes of transition type with following analysis of their cost. The technology of making GSM on objects is also described. This technology includes preparation of a mixture on a separate pad directly on construction object. The possibility of including sand located nearly the construction object into the mixture is analyzed. Major advantages of using GSM during construction of roads using practical experience are reviewed. The condition of the cover during the operation period is shown.


Author(s):  
SONA MKRTCHIAN ◽  

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.


2021 ◽  
pp. 176
Author(s):  
Margarita N. Kobzar-Frolova

The Institute of State and Law of the Russian Academy of Sciences has a long tradition of honoring outstanding Soviet and Russian scientists who at different times served and developed legal science at the highest academic level. One of such recognized outstanding scientists was the Honored scientist of the Russian Federation, Doctor of Law, Professor Mikhail I. Piskotin (1924 - 2003). Mikhail I. Piskotin devoted many years to the formation and strengthening of the science of Financial Law and its sub-branches (tax, Budget Law), in every possible way contributed to the development of the science of Administrative Law. 1973 - 1989 worked at the Institute of State and Law of the Academy of Sciences of the USSR as head of the sector and editor-in-chief of the journal "Soviet State and Law". In his memory and with respect to his merits, the scientific community annually holds scientific events. In April 2021, an International scientific and practical conference was successfully held, the topic of which was "Financial security and law in the digital era ("Piskotin’s readings - 2021"). The organizer of the conference is the sector of Administrative Law and administrative process, the Institute of State and Law of the Russian Academy of Sciences. A distinctive feature of this conference was that as its participants, academic theorists and practitioners in the field of financial and administrative law from leading academic and research organizations from the Russian Federation, as well as citizens of individual European states and Asia, announced and made reports on topical topics. The purpose of the conference was to consider current problems, current trends and prospects for the development of Financial Law in the digital era. The participants were especially interested in those reports in which not only the existing problems were raised, but also the directions and ways of their solution were expressed. As a result of the work, the participants adopted the Resolution of the International scientific and practical conference "Financial security and law in the digital era ("Piskotin’s readings - 2021").


Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva

The changes in the procedure for providing paid educational services by budget educational institutions, approved by the decree of the Government of the Russian Federation No. 1441 of September 15, 2020 for the period up to December 31, 2026, which entered into force on January 1, 2021, are considered. A comparative analysis of the previously valid and newly approved rules for the provision of paid educational services, which should be guided by medical educational institutions in the next five years, is carried out. The article analyzes the procedure for obtaining targeted education, its implementation in medical educational institutions, and the features of further employment of graduates.


Sign in / Sign up

Export Citation Format

Share Document