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

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.

Legal policy of the European Union against counterfeiting in the conditions of Digital Single Market

The subject of this research is the legal policy of the European Union against counterfeiting in the conditions of functioning of the Digital Single Market. The goal is to determine the content and patterns of development of this policy from the perspective of combining traditional and innovative measures and initiatives aimed at prevention of trafficking of counterfeit goods in the digital environment. Special attention is given to the analysis of the key factors of formation formation of this policy, taking into account the implementation of the Strategy of the Digital Single Market. The author analyzes the dynamics of application of the organizational-legal mechanisms for combating counterfeiting, and the multi-stakeholder approach that lies beneath them. Separate section of the article is dedicated to establishment of the principles of using voluntary measures on prevention and suppression of the trafficking of counterfeit goods in the digital environment. The conclusion is made that the theoretical provisions indicating that the EU anti-counterfeit policy is aimed the development of supranational block of legal instruments related to the sphere of intellectual property law and customs regulation, and represents a system of comprehensive actions, each of which is implemented depending on the thematic agenda reflecting the strategic intentions for action. The author’s special contribution lies in determination of the patterns of transition towards the regime of responsibility of online platforms that allow posting the offers of counterfeit products. The novelty of this article consists in demonstrating the effective combination of non-legislative and legislative measures used on the supranational level for protecting intellectual property in the conditions of the development of digital environment.

The peculiarities of observance of the EU competition law in the conditions of digital environment and the protection of intellectual property rights

The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

On the concept of international standards of public-private partnership

The scope of international legal regulation of public-private partnership (PPP) is being expanded due to the extended range of intergovernmental relations and relations involving international organizations of public-private partnership, as well as extension of the scope of international law to cross-border relations regarding PPP. A relatively small number of international conventional rules and legal norms that regulate the relations in the sphere of public-private partnership have not yet been codified in the form of a multilateral international treaty. Gaps in the international legal regulation activate non-formal processes of managing international and cross-border relations in the sphere of public-private partnership with prevalence of the international intergovernmental organizations. The scientific novelty lies in articulation of the problem of formulation and application of the international standards of public-private partnership as the results of such non-formal processes of international rulemaking of international organizations. Using the formal legal and comparative legal methods, generalization and abstraction, the author formulates the definition of international standards of public-private partnership, discloses their content and difference from the international standards in other spheres of international relations, assesses their legal nature, problems and prospects of their formation. It is substantiated that the development of international standards of public-private partnership would be facilitated by establishment of their adoption procedure in the conditions of cooperation of all international organizations that perform a regulatory function in the sphere of public-private partnership.

On the international legal regulation of cooperation between air transport companies

The subject of this research is the problematic aspects of international legal regulation of cooperation between airways. The author reviews the fundamental international treaties in the sphere of international air transportation (international air law). Special attention is given to examination of different types of bilateral agreements on air transport or air communication. Analysis is conducted on the advantages and disadvantages of the structure of bilateral regulation; different classification of the alliances in Russian and foreign scientific literature. The conclusion is made that although initially, the strategic alliances were created to improve the welfare of air transport companies by reducing costs, currently there is market, concentration with overwhelming share of the three largest alliances. Stiff competition forces to join one or another alliance in order to share in the international air carriage, which clearly indicates the tendency to globalization of air transport. There is no doubt that the countries constantly use the methods of bilateral regulation for obtaining vast benefits.  Currently, further development of bilateral and multilateral (namely regional) cooperation in the sphere of international air carriage aimed at liberalization of international air transport is of major importance. This is the most efficient and fastest means of communication between the countries. The conclusion is made on the insufficient and fragmentary nature of international legal regulation of airways cooperation. The author advances the idea of going beyond private law regulation and creating a universal international legal mechanism that would help to overcome the problem of discrimination against third countries.

The issues of international legal protection of the Lake Baikal: results of the 44th session of the World Heritage Committee

The subject of this research is the decisions made at the 44th session of the World Heritage Committee in the matter of conservation of the World Heritage Site – Lake Baikal. Using the scientific methods of analysis, synthesis, etc., the author carries out in-depth analysis of the content of documents approved at the 44th session of the World Heritage Committee regarding the Lake Baikal held in July 2021, within the framework of which the international community estimates the discharge of obligations by the Russian Federation concerning the preservation of ecosystem of the Lake Baikal. The goal of this article is to explore and offer solutions to certain problematic aspects of international legal protection of the Lake Baikal in the context of discussion unfolded at the 44th session of the World Heritage Committee. The article examines the legislative changes in regulation of the various groups of social relations in the Central Ecological Zone of Lake Baikal and its islands, and formulates recommendations for their improvement. The author determines the non-systemic nature of legal regulation in this sphere, and this, inability to forecast changes in the regime of legal protection of the Lake Baikal. For solution of the indicated issue, the author formulates the proposal on the need to develop and approve the long-term management plan for the World Heritage Site “Lake Baikal” using approaches of the bodies of the system of world heritage protection. The development of such plan would be facilitated by extension of the umbrella regime of the listed territory to the Central Ecological Zone of Lake Baikal and its islands, as well as by creation of single administration that would also control other listed territories that are part of it. Analysis is conducted on the topical issues related to conservation of the Lake Baikal ecosystem, which were outlined at the 44th session of the World Heritage Committee. The author suggests a number of amendments to the federal legislation aimed at strengthening the national legal protection of World Heritage Sites.

On the question of extradition verification conducted by the prosecutors of territorial and specialized prosecutor's offices of the lower echelon of the prosecutorial system of the Russian Federation, and on certain flaws of the snap poll of a person on the international wanted list

The subject of this research is the materials of prosecutorial and judicial practice, as well as the norms of the current legislation of the Russian Federation, including international treaties of the Russian Federation. The object of this research is the extradition verification as the established by legislation legal means of the prosecutor aimed at detecting violations of the Constitution of the Russian Federation and laws effective in the territory of the Russian Federation, including international treaties of the Russian Federation and generally accepted principles of international law, human and civil  rights and freedoms, factors and conditions that contribute to such violations, and responsible parties in the context of resolving the question of extradition of foreign citizens and stateless persons from the Russian Federation or establishing the absence of indicated violations. Special attention is given to the concept, peculiarities, structure and content of extradition prosecutorial verification. The author supports the opinion of some scholars on the need to adopt foreign experience (namely of the Republic of Kazakhstan and Ukraine), as well as specify in the Criminal Procedure Code of the Russian Federation the normative definition of the term “extradition check verification” and particular procedural actions of the prosecutor that constitute such verifications. The conclusion is made that the snap poll procedure for the detainee should be considered the initial (organizational and preparatory) stage of the extradition verification; there are gaps in normative regulation of the snap poll procedure, which may cause difficulties in practice of the prosecutors of the lower echelon of prosecutorial system of the Russian Federation, who are entrusted to take part in international  cooperation. The author underlines the need for mandatory correction of all the flaws, and offers the original perspective on their elimination.

Legal framework for Azerbaijan – EU cooperation in the energy sector

This article is dedicated to the analysis of legal framework of Azerbaijan – EU relations in the energy sector. The relevance of this topic in recent months is substantiated by change in geopolitical realities of the South Caucasus Region, and discussions on unblocking economic and transport communications that intensified after the Second Nagorno-Karabakh Conflict. The region is an interlink between Asia and Europe; and Azerbaijan, being an exporter of oil and natural gas, is an important energy partner of the European Union. The flip of political situation in the region in the nearest future would change not only the energy relations between the countries of the region, but also EU and EAEU members-states. The subject of this research is the bilateral agreements, memoranda and joint declarations adopted by the parties in 30 years since reestablishment of the independence of Azerbaijan. Special attention is given to the vectors of cooperation of the parties both pertaining to extraction and transit of energy resources from South Caucasus and Central Asia. The author employs general dialectical, logical, historical, descriptive, formal-legal approach methods of research methods to determine the key trends and characteristics of the legal framework of Azerbaijan – EU relations in the energy sector. The scientific novelty of lies in the analysis of normative legal framework of cooperation in the energy sector beyond the context of general political and economic relations, as well as in outlining the peculiarities of legal framework of such cooperation. The conclusion is made that the cooperation between the two parties in the energy sector leans on the framework rather than binding legal agreement, which allows both parties to develop relations in the energy sector as mutually beneficial projects based on the market principles.

Legal issues and prospects for delimitation of continental shelf in the Arctic

This article is dedicated to the relevant problem of delimitation of the Arctic territories. There are currently several different approaches towards this question, but the effective one is the mechanism proposed by the United Nations Convention on the Law of the Sea. The absence of consensus on delimitation of continental shelf is substantiated by the intersection of interests of the countries in the Arctic region and strategically crucial consequences of dividing the Arctic: this is the matter of national security, geopolitical supremacy, increase of economic potential, energy and environmental security. The goal of this research consists in the analysis of recent achievements and prospects for delimitation of continental shelf. The subject of this article is the problems of delimitation of the jurisdiction of countries in the Arctic region. Methodological framework is comprised of the chronological method and method of analysis. The conclusion is made that the definition of state boundaries in the Arctic is a long process; since the decisions of the Commission on the Limits of the Continental Shelf is of advisory nature, it may lead to the disputes between the countries over the rendered decisions. It should be noted that international law has the essential mechanisms and means for the peaceful delimitation of maritime boundaries in Arctic waters. The author believes that the final definition of boundaries in the Arctic would be achieved through the compromise between the polar countries, and thus signing bilateral agreements without relying on recommendations of the Commission. It is underlined that the conventional principle of delimitation of boundaries in the Arctic Ocean does not meet the national interests of the Arctic Five, and requires a different approach due to the peculiarities of the ocean. The scientific novelty lies in the analysis of existing principles, instruments and problems of delimitation of boundaries in the Arctic, as well as in conclusions formulated by the author. The solution to the outlined problems can become the preservation of the international seabed within the framework of the concept common heritage of mankind in the area of the Gakkel Ridge, and in the area of Lomonosov Ridge delineation by the sectoral principle.

Legal framework of Azerbaijan's foreign policy with the CIS countries

This article explores the legal framework of the foreign policy of the Republic of Azerbaijan in the post-Soviet space. This topic gains special relevance on the background of changes in the regional distribution of potentials after the Second Karabakh War. The subject of this research is the main agreements signed by Azerbaijan with the CIS countries in a bilateral format, as well as within the organization. Emphasis is placed on the normative legal documents that form the foundation of foreign policy relations in the military-political, economic, energy, and transport sectors as the highest priority for the country. Special attention is given to the analysis of legal institutionalization of Azerbaijan's foreign policy in the post-Soviet space in conjunction with the evolution of foreign policy concept of the country. The article employs general dialectical, logical, historical and formal-legal methods for determining the key trends and characteristics of the legal framework of Azerbaijan's foreign policy. The scientific novelty consists in periodization of the development of legal framework of Azerbaijan’s foreign policy: the first period was under the Presidency of Ayaz Mutalibov and Abulfaz Elchibey, the third covers the period from the autumn of 1993 to the late 1990s, and the fourth is since 2000. The first period marks sporadic nature of Azerbaijan's relations with the CIS countries. During the second period, the country joined multilateral institutions that emerged in the post-Soviet space. The third stage is characterized by transition towards the development of bilateral relations with the CIS countries, and shifting away from multilateral approach. It is worth noting, that this research is focused namely on examination of the legal framework Azerbaijan's foreign policy, rather than the generally accepted in the Russian scientific literature political-legal approach, which considers the normative documents in the context of political processes.