scholarly journals Industrial and technological cooperation in pharmaceutical sector within the framework of EAEU: development of the model of legal regulation

2021 ◽  
pp. 89-125
Author(s):  
Mark Vladimirovich Shugurov
Keyword(s):  
Import Substitution ◽  
National Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Pharmaceutical Sector ◽  
Member States ◽  
Technological Cooperation ◽  
Technological Modernization ◽  
Technological Integration ◽  
Legal Grounds

The subject of the study is the legal aspects of the development of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector aimed at ensuring import substitution and going global through reinforcement of export potential. The goal of this article lies in elaboration of the conceptual model of legal regulation of industrial and technological cooperation of the EAEU member-states in pharmaceutical sector. The author explores the global challenges faced by the pharmaceutical sector of the EAEU countries, framework regulation of its technological modernization on the national level, questions of formation of the system of strategic and legal grounds of industrial and technological modernization of the sector within EAEU, as well as the mechanisms which legal regulation would contribute to building the technological and industrial capacity. The conclusion is made that the legal model of industrial and technological integration in pharmaceutical sector is represented by the structured system of legal grounds that reflects the structure of the legal structure of EAEU and is similar to the legal models of other vectors of industrial and technological integration. It implies the combination of international treaty framework and provisions contained the legislative acts of the EAEU. The novelty of this work lies in comprehensive analysis of legal issues of theoretical and applied nature that emerge in the process of this vector of integration. The author’s special contribution consists in modeling the legal space of sectoral integration and forecasting the trajectory of its further development.

scholarly journals Scientific and educational integration of the EAEU as a factor of technological modernization: legal and organizational questions

2020 ◽  
pp. 37-68
Author(s):  
Mark Vladimirovich Shugurov ◽  
Irina Viktorovna Shugurova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Fundamental Aspect ◽  
Member States ◽  
Shared Space ◽  
Technological Cooperation ◽  
Educational Integration ◽  
Technological Modernization ◽  
Key Issues ◽  
Special Examination

  The subject of this article is the state and prospects of integration of the EAEU member-states in the scientific and educational sphere, as well as the level of its curriculum-strategic, organizational and legal support. The authors gradually explore the problematic of professional competences in the conditions of transition to Industry 4.0, including the competencies of scientific and technical staff, the formation of which is currently shifting onto the center of scientific and technological cooperation. Special attention is given to the analysis of the dimension of compliance of national legislations of the EAEU member-states in the area of legal regulation of their international cooperation with regards to of education and science. Special examination was conducted on the state of institutional support of the scientific and educational integration. The novelty of this work consists in the conceptual substantiation of scientific and educational integration as fundamental aspect of scientific and technological integration, which is aimed at ensuring technological modernization of the economy. The authors address the key issues of the objective agenda of scientific and educational integration, as well as substantiate the need for establishment of the shared space for EAEU member-states in the area of science, education, technology and innovations. The main conclusion lies in the statement that successful cooperation between the EAEU member-states in the indicated sphere suggests not only the development of the institutional framework, but also the need for development of EAEU legislation in the area of scientific and educational cooperation, which is possible only in case of inclusion of scientific and educational questions into the integration agenda. This may find reflection in elaboration of the specific framework for strategic regulation, as well as in inclusion of the corresponding provisions Into the Treaty on Eurasian Economic Union, which can be extended to the special Protocol or a separate international agreement. All of the listed above is directly or reversely related to alignment of national policies of the member-states and harmonization of national legislations.  

scholarly journals The Eurasian Development Bank as a mechanism of scientific and technological integration within the framework of EAEU: legal aspects

2022 ◽  
pp. 1-28
Author(s):  
Mark Vladimirovich Shugurov
Keyword(s):  
Industrial Sector ◽  
Legal Aspects ◽  
Modern World ◽  
High Tech ◽  
Development Bank ◽  
Global Competitiveness ◽  
Technological Modernization ◽  
Systemic Problems ◽  
National Governments ◽  
Technological Integration

The subject of this research is the legal and cognate framework strategic aspects of the Eurasian Development Bank (EDB) as the key regional financial and investment institution that lend support to integration projects in the industrial sector in the countries of operations on a priority basis. The goal of this research lies in the conceptually systematization of the framework strategic and legal grounds of the  activity of the Eurasian Development Bank as the mechanism for the development of cooperation between EAEU member-states in the sphere of technological modernization of the economy and manufacturing of high-tech and science-driven products based on the cooperation projects with integration component. The author analyzes the instruments that are part of law of the Bank and determine its engagement in the integration processes in the industrial, agricultural and energy spheres, which suggest technological modernization. The conclusion us made that the current project and related analytical work of the EDB is in line with the trends of operation of the multilateral development banks, as well as correlated the requirement for increasing global competitiveness of the EAEU. The novelty of this research consists in comprehensive examination of the system of legal instruments aimed at implementation and strengthening of the potential of the Eurasian Development Bank as one of the mechanisms of industrial and technological integration within the EAEU. The author’s main contribution consists in argumentation of the position that overcoming systemic problems that persist in the activity  of the EDB, with the support of the national governments and national institutions of development, as well as active cooperation with the Eurasian Economic Commission, would most positively affect the intensification of the processes of industrial and technological cooperation and turning the EAEU into one of the most influential integration associations in modern world.

scholarly journals Legal and environmental factors hindering the development of scientific and technical cooperation in SCO countries

2020 ◽  
Vol 10 (5) ◽  
pp. 122-126
Author(s):  
A.S. Kramarenko ◽  
Zh.V. Ignatenko ◽  
O.I. Yulevich
Keyword(s):  
Legal Status ◽  
Technology Policy ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Technical Cooperation ◽  
Shanghai Cooperation Organization ◽  
Member States ◽  
Technological Cooperation ◽  
Organization Member ◽  
Bilateral Treaties

The present work is devoted to the analysis of problems in development of international scientific and technical cooperation between the Shanghai Cooperation Organization member-states. Among the main factors that determine the development of scientific and technological sphere, the most important are legal factors, the detailed analysis of which is presented for each member state of Shanghai Cooperation Organization. The study of legal factors hindering the development of scientific and technological cooperation is based on the peculiarities of national legal regulation of scientific and innovation activity and the shortcomings of international agreements within the SCO. The authors identify both internal and external legal factors that influence the development of international scientific and technological collaboration. The authors consider the state of legal regulation of national science and technology policy and the legal status of organizations involved in the development of science as internal legal factors. External legal factors include the existence of bilateral treaties between the countries of the Shanghai Cooperation Organization regulating scientific and technological cooperation, as well as the content of multilateral treaties on scientific and technological cooperation between all member states of the Shanghai Cooperation Organization. Based on the results of the study, the authors conclude that it is necessary to harmonize the national legislation of the Shanghai Cooperation Organization countries on the issues of legal regulation of scientific and technological cooperation, as well as to consolidate at the international level the legal mechanisms for implementation of certain aspects of cooperation in the scientific and technological fields.

scholarly journals Air Protection in the Slovak Republic in the Light of the EU Legislation

2014 ◽  
Vol 3 (1) ◽  
pp. 10-18
Author(s):  
Barbara Pavlíková
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Slovak Republic ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Central State ◽  
Member States ◽  
Vertical Division ◽  
Considerable Impact

Abstract (EN) Environmental protection belongs in accordance with the Article 4 par. 2 letter e) of the Treaty on the Functioning of the European Union between joint powers of the European Union and the Member States. In terms of vertical division of powers, this means that Member States and the Union engage in this field while respecting the principle of subsidiarity and proportionality. The European Union adopts in the field of protection of the single components of the environment mainly framework programs and directives, aimed at defining the general objectives, while the choice of tools to achieve them is usually left to the discretion of Member States. Given that the directive which is the most common act of secondary legislation in this area can be transposed into national law only in the form of generally binding legal act, its objectives at the national level are contained in national laws. Specific conditions are then further laid down by the decree of the responsible department - in the case of environmental protection particularly the Ministry of Environment of the Slovak Republic and the Ministry of Agriculture and Rural Development of the Slovak Republic, in cooperation with other central State administration authorities. The contribution focuses primarily on the legal regulation of one of the components of the environment - air, which is an important factor influencing the quality of life of the population, but the rules defined in this area also have considerable impact on the economy of the country. The work provides a comparison of Slovak legal acts and rules enshrined in primary and secondary EU law, as well as its non-binding acts.

scholarly journals PROBLEMS OF LABOR LAW FORMATION IN THE FRAMEWORK OF EUROPEAN INTEGRATION

2021 ◽  
Vol 77 (4) ◽  
pp. 85-92
Author(s):  
Liubov Kotova ◽  
◽  
Victoria Tiutiunnyk ◽  
Keyword(s):  
National Level ◽  
Labor Law ◽  
Legal Regulation ◽  
Social Model ◽  
International Labor Organization ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
International Labor ◽  
The Eu

European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.

scholarly journals INTERNATIONAL LEGAL REGULATIONS AND ISSUES OF CORRUPT ASSETS RECOVERY

2020 ◽  
Vol 6 (4) ◽  
pp. 35-45
Author(s):  
Оlena Busol
Keyword(s):  
Comparative Method ◽  
National Level ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
International Standards ◽  
Criminal Proceedings ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Asset Recovery

The article is devoted to the issues of international cooperation of the bodies regarding asset recovery and management with a purpose of combating transnational crime. It emphasizes the main provisions of international treaties on combating crime and provides an analysis of foreign legislation in the given sphere. The subject of the study is international legal regulation and problems of corrupt assets recovery, which required the application of interdisciplinary scientific approach in considering its economic, political, philosophical, historical and legal aspects. The purpose of the article is to highlight the main issues that arise when the states try to recover corrupt assets, as well as to provide national governments with appropriate recommendations, taking into account international instruments and best practices. The article considers world practice of conducting criminal proceedings and execution of court decisions. It covers the features and problems of specialized government bodies as for the recovery of the assets. The article is based on the application of a set of the following methodologies: philosophical, dialectical and synergetic. The study used the method of systematic analysis, which is the most commonly applied in criminological research to combat corruption. To achieve these purposes, the following research methods are used: analysis of theoretical sources and scientific literature; abstract-logical method in the process of theoretical generalizations and formation of conclusions; prognostic methods. The author applies the comparative method (i.e. the method of comparative jurisprudence) when comparing international documents with the legal norms of other states. Results. Foreign experience shows that development of a modern and effective system of combating organized corruption in any country is possible subject to application of legal norms that meet international standards, as well as the integrated use of advanced computer information technology. The author emphasize the need for OECD (Organization for Economic Co-operation and Development) member states to develop adequate regulations that will allow immediate disclosure and exchange of information on the freeze of assets with foreign jurisdiction, in order to ensure the effectiveness of the asset recovery procedure. Conclusions. It is recommended to adopt laws at the national level or to introduce a regulation in the criminal law of the state on illicit enrichment; to develop comprehensive national strategy; as well as to finance measures to recover corrupt assets within the framework of anti-corruption programs at the state level. It emphasizes the need to have a united state register of assets seized in criminal proceedings. In order to recover assets from abroad, states need to have political will and to use the latest technologies.

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.

scholarly journals Legal Principles of the Scientific and Technological Integration of the EAEU Member States: Conceptual Analysis

Legal Concept ◽  
2021 ◽  
pp. 24-32
Author(s):  
Mark Shugurov
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Member States ◽  
Scientific Methods ◽  
Legal Principles ◽  
Technology And Innovation ◽  
Science Technology ◽  
Technological Integration ◽  
Science Technology And Innovation

Introduction: in the context of the implementation of the declared technological modernization of the EAEU economy, the issue of developing the legal framework for the integration in the field of science, technology and innovation, and especially the issue of developing a system of its legal principles, is being updated. The purpose of the study is to develop a comprehensive conceptual understanding of the nature, system and functions of the legal principles that are the core of the legal regulation of the integration cooperation of the EAEU member states in the field of science, technology and innovation. The objectives of the study are the following: 1) to relate the legal principles of the regulation of scientific and technological integration with the principles of the Eurasian integration in general; 2) to carry out a consistent analysis of the degree of consolidation of the principles of scientific and technological integration in Union law; 3) to carry out the doctrinal classification of the principles. Methods: general scientific methods (system, structural and functional), specific scientific methods (comparative legal, dogmatic legal). Results: a classification of the legal principles of scientific and technological integration is proposed, the system of which includes a subgroup of general principles, as well as a subgroup of industry (structural-institutional, integration-legal and organizational) principles. Conclusions: the systematized legal principles are conceptualized as the key legal tools for managing integration processes in the field of science, technology and innovation, the formal consolidation of which will serve as a factor for expanding and deepening the regional scientific and technological integration of the member states.

scholarly journals Implementation of acts of the Eurasian Economic Union in Belarusian legislation

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 381-392
Author(s):  
Alena F. Douhan ◽  
Keyword(s):  
International Organizations ◽  
National Level ◽  
Legal Regulation ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
The Status ◽  
Economic Union ◽  
The Republic ◽  
Characteristic Features

Currently, international organizations are increasingly making binding decisions on member states. At the same time, unlike the implementation of international treaties, the mechanism for implementing acts of international organizations is poorly regulated in national law, including the Republic of Belarus. The Eurasian Economic Union (EAEU), established in January 2015, is empowered to adopt obligatory acts, some of which should be directly applied on the territory of EAEU member states. As a result, the traditional mechanisms for the implementation of acts of international organizations at the national level are no longer sufficient and require detailed legal regulation. The article reveals the legal basis for the implementation of acts of the Eurasian Economic Union in Belarus’ legal system. The work examines the status, types and specifics of acts adopted by the EAEU bodies, identifies the characteristic features of the implementation of these acts at the national level and specifies applicable terminology. In particular, special attention is paid to the legality of the use of terms “implementation” and “actualization” concerning the transfer of norms of the EAEU acts to the national legislation of its member states. The article considers the possibility of implementing obligatory acts of international organizations, especially those, which are supposed to be directly applied at the national level. Emphasis is placed on identifying the existence of an obligation to implement obligatory decisions of the EAEU Commission as well as their implementation in the Republic of Belarus. Based on the study, it was demonstrated that the majority of obligatory acts of the EAEU are implemented in Belarus by means of different types of references. The article also identifies the place of the EAEU acts in the hierarchy of legal acts of the Republic of Belarus.

Conditions of Realization of Internal Migration: Legal Aspects

10.12737/7572 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Полина Виноградова ◽  
Polina Vinogradova
Keyword(s):  
Internal Migration ◽  
Import Substitution ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Social Infrastructure ◽  
Legal Provisions ◽  
The Social ◽  
Labor Resources ◽  
Social Use

During the last decades an imbalance in the territorial distribution of population in Russia is increasing. That contributes to the emergence of interethnic tensions. The article is devoted to the process of elaboration of the legal provisions that support internal migration. The author’s attention is focused on decrees of the Russian Federation President related to migration issues and the main trends of the development of legislation in this area. The author explains the necessity of legal regulation of authorities’ power in the area of migration at federal legislation level because of the influence of migration restrictions on constitutional rights of citizens. Creation of effective legal mechanisms of regulation internal migration caused by the need to account the geopolitical interests and the economic and social development of the country and possible change of priorities of trade and economic cooperation, as well as the development of import substitution. The main focus lays on the deterrents for internal migration, overcoming of which is possible by using legal means to identify priority measures. Changing the nature of records at the place of stay from permissive to notification is one of the main instruments that require clarification of the procedures and grounds of such accounting. The availability of the social infrastructure and accessible mechanisms for the use of infrastructure is also an important prerequisite for attracting labor resources. The new institution of law - renting living accommodation for social use and its impact on the development the internal migration are considered in this article as one of said prerequisites. The author has generalized factors of ethnic and religious tension and proposed measures to prevent them.

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