scholarly journals LEGISLATION ON INTELLECTUAL RIGHTS IN THE RUSSIAN FEDERATION, EU COUNTRIES AND THE EURASIAN ECONOMIC UNION. A COMPARATIVE ANALYSIS

Author(s):  
Olga A. Ruzakova ◽  
2021 ◽  
Vol 16 (1) ◽  
pp. 64-70
Author(s):  
S. N. Ovchinnikov

The paper, based on comparative analysis of the legislation of the Russian Federation and acts of the Eurasian Economic Union, examines the legislative definition of the concept of import of goods, different approaches to understanding of the concept under consideration. The legislator’s definition of imports as importation of goods without the obligation to re-export them is not entirely consistent with the description of customs procedures in customs legislation, which gives rise to problems in law enforcement. In particular, the importation of alcoholic products by duty-free shops is considered as imports, which results in the requirement to obtain a license for the purchase (import) of alcohol products. The author highlights the discrepancy between this requirement and the law of the Eurasian Economic Community and the lack of uniformity of judicial practice on this issue. Conflicts of this kind in accordance with the Constitution of the Russian Federation and the Customs Code of the EAEU should be resolved in favor of international agreements. It is proposed to exclude the obligation to obtain a license to import alcohol products for duty-free shops.


2019 ◽  
Vol 6 (1) ◽  
pp. 63-81 ◽  
Author(s):  
M. Chudinovskikh ◽  
V. Sevryugin

This article presents the results of a comparative analysis of the legislative approaches to the regulation of cryptocurrencies in the BRICS countries and the Eurasian Economic Union. During the analysis, regulatory legal acts and draft laws, including material on judicial practice, of the Russian Federation, China, India, Brazil, the Republic of South Africa, the Republic of Belarus, Kazakhstan, Kyrgyzstan and Armenia were studied. The use of a comparative-legal method makes it possible to develop recommendations about the development of legislation on the circulation of cryptocurrencies within the BRICS countries. The assessment of the experience of EEU countries, and especially that of the Republic of Belarus, has great importance since the Russian Federation is a member country of both the EEU and BRICS. Comparative analysis was achieved by taking into account such key points as the existence of a regulatory framework, regulation of transaction taxation and counteracting the legalization of profits from crime. The results of the analysis are presented for each country separately and then systematized in the form of an analytical table. Based on the analysis, three approaches to the regulation of cryptocurrencies are identified: conservative, liberal and neutral. The study of the experiences of the BRICS and EEU countries allowed the authors to conclude that these countries need to formulate similar requirements for the regulation of cryptocurrencies so as to avoid the migration of investment and capital to other countries which have a more liberal approach.


2018 ◽  
Vol 239 ◽  
pp. 04004 ◽  
Author(s):  
Svetlana Maydanova ◽  
Igor Ilin

The Single Window concept in the international trade and logistics has been explored by international organizations and national governments over the last two decades. International standards and recommendations, government decisions on this approach are widespread today in both developed and developing countries. Similar decisions and legal acts were implemented during the last ten years by the Russian Federation, as a member of the Eurasian Economic Union. This article provides overview of the following coherent stage – the implementation of preliminary customs informing system at sea check points of the RF with concerns of the Single Window introduction.


Author(s):  
Pavel Samolysov ◽  
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Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.


2019 ◽  
Vol 95 (2) ◽  
pp. 192-198 ◽  
Author(s):  
A. K. Baturin ◽  
O. V. Arnautov ◽  
Olga V. Bagryantseva ◽  
S. A. Khotimchenko ◽  
G. N. Shatrov

One of the major factors contributing to a healthy diet, proper selection of food consumers is the labeling of food products. In order to improve the requirements to labeling offood products in the Russian Federation and the Eurasian Economic Union and their harmonization with international standards and requirements of the European Union in the Technical regulations of the Customs Union "Food products are part of its labeling" (TR CU 022/2011) it should be amended as follows: 1. The list of indices of the nutritional value offood products referred to in their labeling, should be expanded by next positions: the amount of saturated fatty acids and trans fatty acids; carbohydrates, including mono- and disaccharides and the amount of added sugar; polyols; dietary fiber; added sodium chloride (salt). 2. To carry out the calculation of daily requirements of essential nutrients based on the human consumption of 2000 kcal per day, instead of 2500 kcal. 3. When setting the nutritional value offood products to envisage the application of the "color codes" indicating normal level of consumption by green, permissible - yellow, dangerously - in red. 4. In the text of the regulations Appendix, regulating the use in label offood to include information about the expected positive effects on the human body of the incoming (s) of the food product (s) ingredient (s) in case of systematic use of such a product in food rations.


Author(s):  
Vladislava K. Zaigraeva ◽  

The aim of the study is to consider issues related to the definition of public danger and the object of smuggling of strategically important goods and resources as a crime under Article 226.1 of the Criminal Code of the Russian Federation, as well as the positions of individual researchers on these issues. The methodological basis of the research was formed by the general scientific theory of knowledge; the method of comparative analysis and the logical-legal method of cognition were also used. The latter was used for a more accurate understanding of the norms of Russian criminal legislation, their analysis, as well as for the interpretation of the main provisions reflected in the legal literature. As a result, the author questions the correctness of the placement of the smuggling of strategically important goods and resources in Chapter 24, Crimes Against Public Security, of Section IX, Crimes Against Public Security and Public Order: in cases of smuggling of strategically important goods and resources, the procedure for movement established in the international treaties and legislation of the Russian Federation always suffers directly, while, taking into account the possibility of further distribution of smuggled objects in the event of an untimely suppression of these objects' illegal movement, public security is only endangered but does not suffer directly. The legislator establishes the qualification of smuggling of strategically important goods and resources in large volumes as exceeding one million rubles, which confirms that the public danger of this crime is determined by economic indicators. The author proves that smuggling of strategically important goods and resources harms public relations in the economic sphere rather than public relations that ensure public security. The conclusion is formulated that the totality of social relations that ensure the normal functioning and development of the economy should be considered as the main generic object of this crime. The direct object of smuggling of strategically important goods and resources is the procedure established by the international treaties and legislation of the Russian Federation for moving strategically important goods and resources through the customs border of the Eurasian Economic Union or the state border of the Russian Federation with the member states of the Eurasian Economic Union. Criminal liability for smuggling of strategically important goods and resources is proposed to be provided for in a separate article, which should be placed in Section VIII, Crimes in the Economic Sphere, of the Criminal Code of the Russian Federation.


2021 ◽  
Vol 14 (4) ◽  
pp. 63-69
Author(s):  
V. G. Tikhonov

The article is based on content and discourse analysis of the addresses of the President of the Russian Federation to the Federal Assembly dated 12/01/2016, 03/01/2018, 02/20/2019, 01/15/2020. The aim of research is to analyze the concept of identity in the framework of Presidential Addresses and changes in the concepts of identity in dynamics. The general tendencies of considering the term “identity” in the framework of determining the identity of the Russian Federation are derived. The special relationship between the identity of the Russian Federation and the integration of the Russian Federation into integration spaces is considered. The Vladimir Putin’s statements regarding the integration of the Russian Federation into the Eurasian Economic Union are evaluated, since the Russian Federation identity, in the opinion of the President, is inextricably linked with the formation of the “Eurasian identity of the Russian Federation”, which in turn determines the direct relationship between the identity of the Russian Federation and the integration of the Russian Federation into the Eurasian Economic Union. The article defines the subjective factor of the Russian President, which reflects the personal nature of the President’s orders and proposals. The dynamics of changes in the formation of the Russian Federation identity is reflected according to the addresses of the President of the Russian Federation to the Federal Assembly, and also on the basis of the dynamics of changes in the identity of the Russian Federation, the general process orientation of developing the Russian Federation identity is reflected. The article characterizes the permanent nature of the formation of the identity of Russia. Now, the identity of Russia is perceived as a special construct that reflects the special position of the Russian Federation, both in historical development and in the international arena.


2020 ◽  
Vol 16 (2) ◽  
pp. 33-42
Author(s):  
T. N. Litvinova

Introduction. The article overviews the place of Russia in the promotion and construction of the Greater Eurasian partnership. The idea of this partnership was proposed by President of the Russian Federation Vladimir Putin for the interfacing of the Eurasian Economic Union (EEU) and the Chinese transport initiative “One Belt, One Road” (OBOR).Materials and methods. The study is based on the synthesis of the civilizational concept of Eurasianism and the theory of international integration. The work analyses official documents of EEU and Shanghai Cooperation Organization (SCO), declarations of their officials, screening mass media, trade and economic statistics.Results. The statistics show that EEU is gaining success, although at present its developed is slowing. Third countries still play a significant role in foreign trade and investments of EEU member states. China competes with Russia for the dominance in Central Asia. The interface of EEU and SCO integration processes, as well as the Chinese initiative “One Belt, One Road” should be developed in view of Russia’s interests.Discussion and conclusion. The Greater Eurasian partnership can be considered as component of a new world architecture underlied by the system of regional and interregional economic and integration groups. The post-Soviet countries of Eurasia are united by a common history, civilizational and cultural prerequisites for integration with the unifying role of Russia. No serious project on the continent can be implemented without its participation.


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