scholarly journals Migration and Legal Regulation of the Admission of Foreign Scientists to the EU to Conduct Scientific Research at European Mega-Science Facilities

Lex Russica ◽  
2021 ◽  
pp. 135-147
Author(s):  
A. O. Chetverikov ◽  
T. S. Zaplatina

In the context of the reform of migration legislation in Russia, proceeding from the Concept of State Migration Policy of the Russian Federation for 2019-2025 and the Strategy of Scientific and Technological Development of the Russian Federation in 2016, the paper examines the experience of the supranational legal system of the European Union to create a special procedure for the admission of scientists from countries outside the EU, for the purpose of conducting scientific research in EU megascience facilities (experimental reactors, particle colliders, the synchrotrons, etc.).The subject of the study is the provisions of Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016. "On the Conditions of Entry and Residence of Third-Country Nationals for the Purposes of Research, Studies, Training, Voluntary Service, Pupil Exchange Schemes or Educational Projects and Au Paring" in the part relating to scientists ("Researchers" in the terminology of the Directive).Following the general characteristics (history of adoption, action in time, space and in the circle of persons, conceptual apparatus), the general and special conditions for admission of foreign scientists to the EU, the legal features of "admission agreements" with research organizations of the EU member States and migration documents (residence permits or visas for long-term stay), on the basis of which foreign scientists enter and engage in research activities in the EU, are considered.The final section specifies alternative legal mechanisms for the admission of foreign scientists to the EU — civil law and employment contracts (contracts), including within the framework of the application of EU legislation on the labor migration of highly skilled workers from third countries and the European blue card established by this legislation.

Author(s):  
Kseniia Antipova

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.


Author(s):  
O. Shnyrkov ◽  
D. Pliushch

The article identifies the volume of underserved markets for the development of Ukraine's foreign trade with the EU. The Ukraine's export potential on the EU underserved market is analyzed. It is established that the intensification of trade relations between the Ukraine and EU is a mutually beneficial process, and export potential of Ukraine in the EU market for goods whose exports to the Russian Federation have decreased is of particular importance. The main foreign markets of Ukraine for the export of agricultural and industrial goods from Ukraine have been identified. The main commodity groups of underserved markets to the EU have been identified, the exports of which to the Russian Federation have decreased the most. According to the results of the study, it has been concluded that the underserved markets of the European Union play an important role in the development of Ukraine's trade: first, they allow reorientation of exports of Ukrainian goods, the import of which is prohibited into the customs territory of the Russian Federation, to EU markets; secondly, they help to identify directions for the modernization of Ukrainian production in accordance with the unmet needs of the European goods market. It is concluded that the process of deepening mutual trade in underserved markets in a free trade area is mutually beneficial for Ukraine and the European Union, as trading partners can benefit from increased trade flows, and establishing international partnership between the parties can bring additional benefits in the long run.


2021 ◽  
Vol 4 ◽  
pp. 34-41
Author(s):  
A.N. Levushkin ◽  
◽  
V. V. Vorobyov ◽  

Problem statement. The introduction of judicial conciliation procedures in the arbitration, civil and administrative process in order to protect the rights of consumers of services can serve as a positive impetus to the development of civilized out-of-court dispute resolution. However, the corresponding norms of APC RF, CPC RF, the CAJ RF and the Regulation of judicial reconciliation includes a number of provisions that are subject to critical analysis. Special attention should be paid to the rules that establish requirements for candidates for judicial conciliators, in terms of the need for retired judges to conduct research activities, which can hardly be considered justified. Purpose and objectives of the study. To identify the essential features of the application of judicial reconciliation in the protection of the rights of consumers of services during the reform of the procedural legislation of the Russian Federation. Objectives of the study: to perform judicial reconciliation in the protection of the rights of consumers of services to identify deficiencies of legal regulation in the field of judicial reconciliation under the protection of the rights of consumers, to formulate separate proposals for reform of the law. Method of research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and historical-legal and comparative-legal methods. Results, brief conclusions. It is determined that the current Russian legislation in relation to the judicial process now provides for three types of conciliation procedures used to protect the rights of consumers of services: negotiations, mediation and judicial reconciliation. Mediation and judicial reconciliation, although separated by law, are not fundamentally different in nature. Although there are different requirements for mediators in these types of reconciliation, the appropriateness of such a separation is not sufficiently convincing. It is established that the requirements imposed on conciliators in combination with the powers vested in them can negatively affect the results of reconciliation to protect the rights of consumers of services. In this regard, it is proposed to amend the relevant procedural codes and the Rules of judicial reconciliation, which would eliminate the identified contradictions and shortcomings.


2021 ◽  
Vol 7 (3) ◽  
pp. 155-160
Author(s):  
Vladimir S. Sinenko ◽  
Evgeniy E. Tonkov ◽  
Sergey A. Belousov ◽  
Irina S. Iskevich ◽  
Angelina V. Petergova

This article analyzes the development of the environmental insurance legislation of the European Union and the Russian Federation. The advantages of this mechanism in matters of compensation for harm caused to the environment due to environmental offenses are determined. The analysis of Directive No. 2004/35 / CE of the European Parliament and the Council of the EU on environmental responsibility, aimed at preventing environmental damage and eliminating its consequences. A comparison of Russian legislation with the norms of environmental insurance adopted in the European Union is carried out. The conclusion is formulated that environmental insurance should become a priority direction of the state natural resource policy.


2020 ◽  
pp. 65-76
Author(s):  
Vladislav Belov ◽  

In June 2020, Germany adopted a national hydrogen strategy. A month later, when Germany assumed the EU Council presidency, the European Union Commission presented a similar document. Both strategies acknowledge the need to import hydrogen to meet the demand of the EU countries as an essential prerequisite for the transition to a climate-neutral economy. In parallel, the Government of the Russian Federation adopted the Energy Strategy of the Russian Federation until 2035, which sets the goal of turning our country into one of the global players in the world hydrogen market. Despite Russia's obvious competitive advantages in this relatively new segment of the energy market, Berlin and Brussels do not mention it as a potential partner. The article provides an assessment of the main provisions of these strategic documents. The author explores the prospects and possibilities of Germany and the EU cooperating with the Russian Federation in the production and supply of hydrogen, analyzes the content of the position documents of the German-Russian Chamber of Commerce and the Eastern Committee of the German Economy on these issues, draws conclusions and formulates recommendations for interested parties.


Banking law ◽  
2020 ◽  
Vol 6 ◽  
pp. 44-57
Author(s):  
Alexander A. Tsyganov ◽  
◽  
Sergey V. Maslennikov ◽  

In the Russian Federation, bancassurance has already become a relatively common type of interactions between banks and their customers in selling insurance, with banks being the main channels for distributing insurance services in exchange for commission. Borrowers are known to be the weaker side of a contract, which leads to banks impose insurance services and commission, which the banks may capitalize on. This indicates a significant issue for the local antitrust and banking regulations. The article describes the expertise in managing these activities in the member countries of the European Union and provides recommendations for a possible legal regulation of insurance and banking activities in Russia.


Author(s):  
Viktoriia Kuznetsova ◽  
Elena Kargovskaia

This article conducts the analysis of legal regulation of relations between the Kingdom of Spain and the Russian Federation with regards to adoption of Russian children by Spanish citizens. The authors examine the history of development of bilateral Russian-Spanish cooperation; legal normative base, and procedure for the adoption of Russian orphans in the Russian and Spanish legislation. Statistical data is provided on the trends in adoption of Russian orphans by citizens of the Kingdom of Spain. The article employs the following methods of scientific research: historical, comparative-legal, statistical, and systemic analysis. The relevance of the selected topic is substantiated by the fact the for many years Spain demonstrates consistent interest in this question, ranking second among other countries that adopt children from the Russian Federation. At the same time, the legal and bureaucratic framework for realization of Russian-Spanish cooperation in this field requires improvements. The authors conclude that although the number of adopted Russian orphans by Spanish citizens has dropped in recent years, it is necessary to continue cooperation in this field by improving the existing legislation.


2020 ◽  
Vol 6 (3) ◽  
pp. 123-130
Author(s):  
M.I. Yanin ◽  
◽  
D.S. Bunevich ◽  
◽  

at present, relations between the Russian Federation and the European Union are in a state of political crisis. The existing disagreements negatively affect the relations of two international players on the European continent. The article discusses the areas of interaction between the Russian Federation and the EU in the field of security, which, contrary to modern political difficulties, reflect the mutual interest of the parties. The author concludes that the joint approaches of Russia and the European Union to resolving issues related to security are a stabilizing factor in the formation of the EU–Russia dialogue in modern political realities.


Author(s):  
S. P. Mitrakhovich

The article using “A Just Russia” case deals with the party strategies of the Russian left political forces for the creation of the relations with party structures of the European Union. Similar party strategy is at the same time a part of domestic policy and development of the Russian political processes, and at the same time, they are a part of the relationship with the European Union which is built up by Russia. Consequently, that is de facto a part of foreign policy activity. The novelty of the research consists in a combination of the research approaches used in a “partology” while considering a party to be a rational actor acting in conditions of a country political environment and the research approaches accepted in modern European studies. Parties act as internal political players, but at the same time and as contractors of foreign elite, in this case — party elite of the European Union, members of party groups of European Parliament, party Internationals, “the European parties” (earlier known under the term of “party at the European level”). From the Russian parliamentary political forces of several last electoral cycles “A Just Russia”, using a discourse of modern socialism, could establish more actively than others cooperation with European left, including influencing adoption of significant decisions in the EU, for example, on reform of the EU Gas Directive and the Third Energy Package of the EU. The party, through the prism of socialist ideology, is trying to bring together certain positions of the party elites of the Russian Federation and the EU, bringing differences on social avant-garde and identity politics out of the brackets. Therefore, it focuses recently on the problems of sanctions issues, considering its communication with the Party of European socialists and socialist groups in the European Parliament as another potentially popular diplomatic track for the country.


Author(s):  
E.R. Yumagulova ◽  
◽  
A.A. Norekyan ◽  
E.V. Yumadilova

The paper describes problem features of deforestation and solutions in the EU countries and Russian Federation. The effectiveness of the EU policy and law in the field of forestry is supported by the steady growth of forest area for more than 60 years. Forest complex of Russia is in a major crisis now. Wood recourses insecurity of planned export performance of the timber industry complex and internal consumption is the main mistake of the Development Strategy for the Forestry Complex of the Russian Federation until 2030.


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