scholarly journals Industrial and scientific-technological integration of the EAEU member-states in the area of remote sensing of the Earth: legal and program framework

2021 ◽  
pp. 1-42
Author(s):  
Mark Vladimirovich Shugurov
Keyword(s):  
Remote Sensing ◽  
Legal Framework ◽  
Legal Regulation ◽  
Successful Implementation ◽  
Member States ◽  
Strategic Integration ◽  
Leading Role ◽  
The Earth ◽  
Legal Nature ◽  
Legal Model

The subject of this research is the legal framework for scientific-technological and industrial cooperation of the EAEU member-states in the area of remote sensing of the Earth, reflected in the provisions of international agreements and acts of the Union bodies. Emphasis is placed on the analysis of the legal nature of the EAEU transnational program for the creation of an integrated remote sensing system, characterized by the author as a promising organizational legal instrument for cooperation and integration. Special attention is given to the factors of its successful implementation. The research is conducted in the context of theoretical and practical aspects of strategic integration of the EAEU in the space sector. The novelty consists in substantiation of the fact that in the conditions of specific state of legal regulation of cooperation of the EAEU member-states in the space sector, the leading role in the mid-term perspective would be played by program control. In turn, it would contribute to the systematic development of general, as well as special legal framework for cooperation in the space sector. The author’s main contribution consists in pursuing correlation between the system of legal and program framework for cooperation in the area of remote sensing of the Earth and the legal model of EAEU, as well as the legal model of scientific-technological and industrial integration.

The Eurasian Technology Platforms As Attractors of Scientific, Technological and Industrial Integration Within the EAEU: The Analysis of the Legal Framework

Legal Concept ◽  
2021 ◽  
pp. 12-23
Author(s):  
Mark Shugurov ◽  
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Member States ◽  
Systematic Analysis ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Technology Platforms ◽  
Legal Model ◽  
Legal Foundations ◽  
General Scientific

Introduction: in the context of expanding and deepening the cooperation between the EAEU member states in the field of science, technology, and innovation, which is provided for in the Strategic Directions for the Development of the Eurasian Economic Integration until 2025, the importance of improving the legal regulation of such joint innovation and infrastructure facilities as the Eurasian Technology Platforms (ETP) is increasing. The purpose of the study is to develop a comprehensive conceptual understanding of the purpose of the legal regulation of the ETP at the level of Union law in terms of the legal model used. The objectives of the study are 1) to establish the correlation of the structure of the legal foundations of the ETP with the structure of Union law; 2) to undertake a systematic analysis of the scale of consolidation of the normative legal provisions in the sources of Union law that have different legal force; 3) to predict the development of the legal foundations of the ETP. Methods: the general scientific methods (system, structural and functional), the specific scientific methods (comparative-legal, dogmatic legal). Results: the classification of the legal bases of the scientific and technological integration of the EAEU member states based on the ETP is proposed. Conclusions: further development of the legal foundations of the functioning of the ETP will involve following their established legal model while simultaneously developing it in the direction of combining the expansion of the international treaty provisions and the expansion of the provisions of the regulatory legal acts of the Union bodies, as well as the inclusion of the provisions on interaction within the ETP into interstate programs.

scholarly journals From the European Health Community to the European Health Union: The Project of the Supranational Health and Research Organization of the European Countries and its Historical Destiny

Lex Russica ◽  
2021 ◽  
pp. 138-153
Author(s):  
A. O. Chetverikov
Keyword(s):  
Legal Regulation ◽  
European Countries ◽  
Eurasian Economic Union ◽  
Health Community ◽  
Legal Nature ◽  
Legal Model ◽  
European Health ◽  
The Creation ◽  
Research And Education ◽  
The Impact

The paper examines the little-known pages of the legal regulation of international integration in Europe: the project of the creation in the middle of the 20th century of the European Health Community (EHC) and its relationship to the current project for the establishment of the European Health Union. The introduction examines the reasons for the ineffective response of the modern European Union (EU) to the global coronavirus pandemic, mainly due to the lack of European institutions, in contrast to the economy and a number of other spheres of public life, supranational powers in the field of health.The first section analyzes the main provisions of the draft EHC presented by the French Government in 1952 and became the subject of an international "preparatory conference" with the participation of 16 European countries at the end of the same year. The author gives special attention to the legal consolidation in the EHC draft founding treaty of "sanitary activities" (prevention and counteraction of various types of diseases); "cultural provisions" dedicated to the collection of information, the development of scientific research and education in the field of health; provisions on the creation of a common therapeutic and research infrastructure of the EHC; the political and legal nature of the EHC as a supranational organization with restrictions in its favor of the sovereign rights of the participating states.The second section describes and evaluates the domestic, foreign, and economic factors that prevented the creation of the EHC.The final section examines the impact of the EHC on the law-making and law-enforcement activities of the modern EU, and compares the legal model of the EHC with the model of the European Health Union, which was established in the end of 2020. There are also proposals for using the experience of European integration in the field of healthcare for the development of integration processes in a similar field between Russia and other former Soviet republics, including the creation of common medical and research centers under the auspices of the Union State of Russia and Belarus and (or) the Eurasian Economic Union, equipped with mega-science facilities (synchrotrons, etc.), other advanced infrastructure of scientific theoretical and scientific applied nature.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

scholarly journals Legal Framework of Labor Migration Governance in the Eurasian Economic Union and the European Communities: Comparative Analysis

2021 ◽  
Vol 8 (4) ◽  
pp. 573-601
Author(s):  
A. S. Leonov ◽  
I. E. Lisinskaya
Keyword(s):  
Comparative Analysis ◽  
Regional Integration ◽  
Labor Migration ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eurasian Economic Union ◽  
Migration Flows ◽  
Economic Union

This article provides a comparative analysis of the legal regulation of labor migration in regional integration organizations: the European Communities (ECs) and the Eurasian Economic Union (EAEU). Methodologically, we argue that a synchronous comparison of the European Union (EU) in its current shape and the EAEU is rather inadequate and draw on a diachronic comparison of labor migration regulation in the EAEU and the ECs. On the one hand, we identify a number of important differences. We show, in particular, that while regulatory mechanisms in the EEC aimed at stimulating new migration flows, in the post-Soviet space mechanisms of regional migration governance provide the existing migration flows with an appropriate normative framework. We also show that in the case of the EAEU, the founding Treaty provided for a number of essential social rights for workers from EAEU Member States, whereas in the EEC these rights appeared at a much later stage. Regulation of labor migration in the EEC and the EAEU also differs in terms of distribution of competencies in this area between national and Community / Union levels. On the other hand, we also find a number of similarities, which hint at dynamics of policy learning. This is, in particular, evident in the development of mechanisms aimed at protection of migrants’ rights. This is also the case of the Agreement on pensions for workers of the EAEU member states, which seems to borrow from the EU experience opting for coordination of Member States’ retirement systems instead of their unification. Overall, some of EEC/EU ‘best practices’ have contributed to important positive developments in the regulation of intra-Union labor migration in the EAEU.

scholarly journals LEGAL NATURE OF THE TERM OF PRECIOUS STONES IN FORENSIC EXAMINATION: PROBLEMS AND WAYS FOR THEIR RESOLUTION

2020 ◽  
Vol 22 (2) ◽  
Author(s):  
P. Baranov ◽  
R. Kirin ◽  
S. Shevchenko
Keyword(s):  
Forensic Science ◽  
Practical Interest ◽  
Legal Framework ◽  
Legal Regulation ◽  
Rights Protection ◽  
Forensic Examination ◽  
Legal Nature ◽  
Regulation Of Activity ◽  
And Control ◽  
Precious Stones

The article addresses general issues of applying the regulatory adopted term “precious stones” regarding forensic examination practice in Ukraine, including in the field of subsurface resources management and gemological evaluation of jewelery. It is shown that domestic legal framework requires to introduce a separate law on gemstones circulation taking into account general principles of property valuation and consumer rights protection. The Article Purpose is to formulate an author’s contribution to the analysis of problems connected with disclosure of gemstones legal nature in the field of forensic science and the development of proposals for their possible overcoming. The necessity in special legal regulation of activity on mining, production, use, storage of gemstones and manufactures thereof, forensic examination and control over operations with it, is defined by intensity of its circulation as well as by the character of legal objects: their rarity in nature, high cost, easy falsification, and, consequently, by increased attention from fraudsters and criminals. The current situation demands to adopt corresponding regulatory measures aimed at ensuring valuables economic use, protecting gemstone consumers from fraud, preventing the use of valuables while legalizing acquired illegally funds. According to the authors, the article outlines three components of which legal nature of a stone is formed in forensic science: 1) the meaning content in which the term “precious stones” is used in gemological legislation; 2) criteria which are the basis of gemstones classification; 3) unambiguity and clarity of definitions associated with gemstones in forensic legislation. The term “gemstones” in forensic science has subsidiary meaning, since in this case the stone cost should possess a dominant meaning as an object of forensic gemological analysis. Existing gemological classifications are not of modern scientific and practical interest, as the lack of a gemstone cost indicator makes them declarative in terms of forensic science. Forensic gemological analysis should be guided by the requirements of gemological, forensic and procedural branches of legislation, and precious stones acting as its object should be considered as property (goods) which is characterized by specific signs of a physical, economic and legal nature as well as an identifier.

scholarly journals Legal framework for the use of artificial intelligence in India’s military sphere in the context of patent rights protection

2021 ◽  
Vol 7 (2) ◽  
pp. 671-690
Author(s):  
Ksenia Michailovna Belikova
Keyword(s):  
Artificial Intelligence ◽  
Scientific Information ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Leading Role ◽  
Law And Ethics ◽  
The Government ◽  
Role Of The Government ◽  
The Military

This article aims to examine India’s approaches to handling the items of ethics and legal regulation (framework) of the development and application and the use of artificial intelligence in the military sphere in the context of national acts, capabilities and needs of India. It was revealed that the country’s lag behind its neighbors (China, Pakistan) and recognized leaders in this area (USA, Israel) is a motive for formulating the concept of ensuring India’s military superiority based on AI as a force multiplier. It was revealed that the identified problems require a prompt solution based on the concerted joint efforts of the relevant interested parties with the leading role of the government. The theoretical and practical significance of the results obtained is determined by the fact that the readers will be provided with current scientific information about India’s approaches to the designated areas from the standpoint of law and ethics.

scholarly journals Termination of Contractual Obligations in the Civil Code of Ukraine

2019 ◽  
Vol 8 ◽  
pp. 123-142
Author(s):  
Anatoliy Kostruba
Keyword(s):  
Self Regulation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Effect ◽  
Legal Model ◽  
Contractual Obligations ◽  
Legal Fact ◽  
The Right ◽  
Legal Subjects

A contract is a means for self-organization and self-regulation of civil and legal relations between parties in the Civil Code of Ukraine. A distinguishing feature of a contractual obligation is the dependence of the beginning of a legal fact in its structure on the lawful will of a party (act) to a legal transaction or objective circumstance of reality (events). The objective of the paper is to study the mechanism of termination of obligations by determining the legal framework for its functioning. The specificity of legal facts of normative-compensating nature was determined by the use of normative and protective functions in the legislation. Civil property and its legal regulation of relations are aimed at achieving the legal result determined by their participants at the stage of the exercise of rights. The study reveals that the compensating effect of the legal termination mechanism is expressed at the stage of legal termination, which involves compensating the inability to correct a defect of a legal fact that hinders the achievement of a goal of legal regulation when exercising the right to the start of an anticipated legal effect according to a legal model of legal subjects accepted by the participants of the civil relations. The author dwells upon one of the forms of termination of contractual obligations, more specifically, on the beginning of cancellation and on the deferred status of a legal transaction.

scholarly journals The International Legal Nature of the Interaction between the Judicial Authorities of the Member States of the Council of Europe and the European Court of Human Rights

2021 ◽  
pp. 155-164
Author(s):  
Anna PRYSIAZHNA
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Council Of Europe ◽  
Judicial Cooperation ◽  
Theoretical Understanding ◽  
Member States ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Legal Nature

The current stage of development of international relations and international law is characterized by the active growth of interstate cooperation and the emergence of new more integrated forms of such cooperation. A special manifestation of this modern phenomenon is observed in the field of judicial cooperation. Moreover, the emergence in the modern world of international universal and regional courts and the gradual increase in their number, has become one of the prerequisites for a new form of international judicial cooperation — the interaction of national courts with international regional courts. In this regard, the greatest interest for the theoretical analysis of international legal regulation of judicial interaction is the study of the experience of such interaction in the European space, which operates the «oldest» international regional courts — the Court of Justice of the European Union, which was established in 1952 and was called the Court of Justice of t he European Coal and Steel Community and the European Court of Human Rights, established in 1959. The legal nature and forms of interaction of national courts of European states with the named international regional courts are of special interest for scientific analysis, which is explained both by considerable experience of judicial cooperation accumulated by them and novelty of legal forms and mechanisms of cooperation requiring theoretical understanding. Without exaggeration, the reopening of proceedings based on judgments of the European Court of Human Rights is one of the most effective, and often the only, measures to restore violated individual rights and improve the practice of national courts and ensure full and effective enforcement of ECHR judgments. The basis of cooperation between the courts of the member states of the Council of Europe and the ECHR is the provisions of the Convention, which makes the decision of the ECHR binding. The judicial authorities of the member states of the Council of Europe are obliged to apply the convention law of the Council of Europe, as well as the case law of the ECHR, which is the only source of cooperation between the courts of the member states of the Council of Europe and the European Court of Human Rights.

Conclusion

2021 ◽  
pp. 208-210
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
International Organization ◽  
Legal Systems ◽  
Member States ◽  
Legal Nature ◽  
International Responsibility ◽  
The Law

This chapter summarizes the main findings of the book. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of ‘dual legal nature’ describes how organizations create particular legal systems that derive from international law. This peculiar condition affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are discussed by analysing international responsibility, the law of treaties, and the validity of organizations’ acts. This conceptualization allows the development of a common legal framework applicable to all international organizations, despite their differences in terms of powers, membership, size, and other descriptive features. In particular, the most valuable consequence of this conceptualization is to rebut a frequent argumentative motif, under which organizations are either perceived as vehicles for member states’ interests or as autonomous entities.

scholarly journals Foreign Direct Investment Restrictions: Legal Aspects in the Context of Eurasian Integration

2021 ◽  
Vol 14 (1) ◽  
pp. 44-54
Author(s):  
L. V. Tsareva
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Freedom Of Establishment ◽  
Member States ◽  
National Priority ◽  
Restrictive Measures ◽  
And Control

The article outlines current trends in the legal regulation of foreign direct investment; analyzes the current approaches of EAEU member states to the restriction of foreign investment; systematizes the provisions of the Union law, which affect the adoption and application of national measures to restrict and control foreign direct investment; identifies the conceptual differences between EAEU law and EU law in regulating freedom of establishment. The aim of the research is to determine the degree of the EAEU law influence on the introduction by member states of restrictive measures against direct investment from member states. The author concludes that the legal framework for national measures to restrict FDI from member states is predetermined by the norms of the Union law on ensuring freedom of establishment as a form of investment, operated with individual and general exceptions, that allow to take the measures necessary to protect the national priority interests.

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