The Legal Regime of the Technologies and Products Obtained Using GMOs: Discussion Questions

Introduction: the paper examines the problems associated with the definition of the legal regime of the technologies and products obtained using GMOs. The experts in the field of genetics have not yet come to an unambiguous conclusion about the degree of harm or benefit of products obtained using genetic modifications. Russia has strict restrictive measures for the production of genetically modified products. Consequently, there is virtually no market for genetically modified seeds produced in Russia. Nevertheless, the world is actively developing industries for the production of genetically modified agricultural products, and the market for the production of seeds is “captured” by a small number of foreign companies. On the other hand, climate change dictates the inevitability of using genetically modified products, the need to accelerate genetic research, and the production of GMO seeds and food. In this context, the authors set a goal to find a compromise (balanced) legal regulation of the legal regime of the technologies and products obtained using GMOs. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the formal-legal method and the method of comparative legal analysis are the leading positions. Results: the authors propose to consider the bans or support for GMO products in the context of trends in global climate change and ensuring food security. The authors have made a comparative analysis of the provisions of the international norms and the Russian legislation on the research and application of GMO technologies and products, which helped to identify an unbalanced legal regulation of the use of the GMO technologies in Russia, which reduces its competitiveness in this area on the world market. Conclusions: the Russian legislation needs to minimize this legal imbalance, which puts researchers in the field of plant genetics and producers of GMO seeds and food in unequal (worse) conditions. The legal regulation should ensure the coexistence of organic (environmentally friendly) agriculture, traditional agriculture, and the use of the GMO technologies; the introduction of special labeling of GMO products; the broadening of the powers of regional authorities in the use of GMO technologies; as well as the application of the principle of “traceability” to GMO products.

On the Issue of Improving the Activities of the Aviation Security Service in Russia

Introduction: Aviation Security Service is an independent system that ensures the safety of air passengers and the airport as a whole. It has been given a free hand recently, namely, with the adoption of Federal Law No. 491-FZ Dated December 31, 2017 “On Amending the Aviation Code of the Russian Federation for ensuring aviation security”. Before the enactment, these functions were fulfilled by the police. In its activities, the police used some technical means necessary to identify the objects prohibited in circulation, but after the transfer of such powers to the Aviation Security Service, there was a process of improving and digitalizing technical devices, which contributed to improving the quality of screening air passengers, baggage and airport facilities. In its activities, the Aviation Security Service uses a highly systematic improved safety technology; a huge range of high-tech devices is used to ensure this service. But despite the improvement of technologies in the inspection system, the broadening of powers of the Aviation Security Service, there are also several shortcomings in its activities. Such are the gaps in the regulatory framework both for the Aviation Security Service itself and for interaction with the territorial Departments of Internal Affairs in transport. In addition, there is poor recruitment of personnel and corruption component in this area. Purpose: the purpose of the study is to analyze the features of aviation security in Russia and develop measures to improve the activities of the Aviation Security Service. Research methods: the methodological framework for the study is made up of the general scientific methods of cognition. To ensure the objectivity of the research, the analyzed problem is revealed by the authors as a phenomenon using a systematic approach, which allows us to reveal its mechanism in such a way that the theoretical provisions are used with maximum efficiency in practical activities. Research results and conclusions: the authors highlight the features of the activities of the Aviation Security Service in Russia during inspection measures, and also identify the main security problems at the airports.

The Electronization of Procurement in Russia: The Implementation Results and Barriers to Development

Introduction: the level of digitalization of the Russian economy achieved so far contributes to the formation of a digital platform for the public administration, whose further improvement will undoubtedly accelerate and simplify the interaction of the state with business. In recent years, the procurement sector has also been reformed in this direction: its electronization has been carried out, whose important stage has been the creation of a Unified Information System. The relevance of studying the results of these reforms lies in the need to identify the barriers to the development of electronic procurement, whose transformation into digitalization will certainly contribute to improving the efficiency of Russia’s economic development. The purpose of the study is to assess the effectiveness of the electronic procurement system in Russia and to identify the factors hindering its development to develop proposals for its improvement. Methods: the methodological framework for the study is statistical and theoretical analysis, synthesis, comparison. Results: the paper presents the assessment results of the effectiveness of the electronic procurement system in Russia, its role in the country’s economy, as well as the factors hindering its development. In the course of the analysis, the main characteristic features of the modern procurement system are highlighted; the relative savings in procurement are investigated. Conclusions: among the key shortcomings, the instability of the legislation in procurement and the wrong orientation of efforts to improve the functioning of the Russian procurement system are identified. The results obtained can serve as a basis for the development of proposals for its further development.

On the Need to Improve the Legal Regulation of Agricultural Land Transfer

Introduction: the paper deals with the problems of the legal regulation of agricultural land turnover, analyzes the procedure and the main legal conflicts that arise when allocating a share from a land plot classified as agricultural land. The purpose of the study is to find solutions aimed at improving the legal regulation of agricultural land turnover. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of analysis, synthesis, generalization, and comparative law. Results: the authors’ position justified in the work is based on the current Russian legislation and the opinions of competent scientists on the issues of clarifying the specifics of agricultural land turnover. Conclusions: the authors concluded that as the main criterion for classifying a land plot as agricultural land, it is necessary to consider the presence of a fertile layer on a particular land plot suitable for growing crops. The paper substantiates the position that the norms of the Civil Code of the Russian Federation applied to public relations within the framework of agricultural land turnover should be applied exactly as long as they do not conflict with the requirements of the environmental legislation.

Some Aspects of the Transformation of Constitutional Legal Norms

Introduction: the Russian doctrinal sources have been noting the formation of a new type of law-making for several years. It differs from other types in that amendments and changes to the constitutional norms are made without their direct changing. This type of law-making is called “transformation of constitutional norms”. The purpose of the study is to formulate the concept of transformation of constitutional norms and to identify the specific features and distinctions of this legal phenomenon. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of comparison, analysis, and generalization of legal material. Results: the author’s position on the need to determine the features, limits, and distinctions of this institution in Russian science is based on the study of the modern legislation, as well as a large number of examples from judicial practice. Based on this approach to the study of legal material, the very concept of transformation of constitutional norms was studied, the ambiguities of the transformation processes were identified, and the features and limits of transformation were formulated. Conclusions: as a result of the study, the role of transformation as a regulator of public relations and a new type of law-making is revealed. The features, signs, and limits of the transformation of constitutional norms are established through the analysis of examples in the judicial practice of the Constitutional Court of the Russian Federation. It is determined that the transformation is temporary, can fill a legal gap, and has a specific mechanism of implementation, which is due to special forms of transformation (interpretation, application of legal positions, ratification, and implementation).

Blockchain Technology in Copyright

Introduction: the paper examines the potential of blockchain technology and blockchain-based smart contracts in respect of copyright. Copyright has long been secured through technical means, in particular, through digital rights management. With the advent of blockchain technology, a new era is expected in the field of administration and enforcement of copyright using computer code, therefore, the author sets the goal of investigating the essence and capabilities of blockchain technology. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of consistency and analysis. Results: based on the analysis of the experience of foreign countries, the essence of blockchain technology and the smart contract is investigated. The paper presents the recommendations on the use of blockchain technology as a form of regulatory ordering, which can express public and private goals. Conclusions: as a result of the study, the role of blockchain as one of the methods of copyright protection and its potential is identified, and also how blockchain technology can affect the ways of distributing copyrighted content in the digital world is considered. It is established that such a technology can provide an unprecedented level of access to copyright information, transparency, and traceability of its subsequent changes. The instant receipt of remuneration and the availability of the technical possibility of sovereign ownership of the produced digital content are attractive to copyright holders. Blockchain technology has gained universal attention as a developing information security system and over the years will become a powerful component of protecting the results of intellectual activity.

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

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.

Substitution of Parties in the Obligation and Suretyship: Contradictions in the Construction of a Solidary Plurality of Persons (Part 1)

Introduction: the authors conducted a study of the differentiation of the norms on surety and substitution of parties in the obligation due to the lack of their clear regulation by the legislator. The paper discusses the concepts of co-suretyship and individual suretyship, reveals their similarities and differences. The authors highlighted the problems of applying the rules on the substitution of parties in the obligation and the responsibility of the surety and also suggested the ways to resolve them. The purpose of the study is to develop some proposals for improving the institution of suretyship and bringing it into line with the norms on the substitution of parties in an obligation. Methods: the study used historical, comparative law, logical research methods, as well as the method of the literal and broad interpretation of normative legal acts and court decisions. Results: the civil law doctrine of the institute of suretyship and co-suretyship was supplemented, the legal position of suretyship in the proper performance of its obligations for the debtor was determined from the standpoint of the science of civil law. Conclusions: according to the results of the study, it is proposed to amend the current legislation and completely exclude from it the provisions on the independent regulation of “joint suretyship”, i.e. to recognize Part 3 of Article 363 of the Civil Code of the Russian Federation as invalid. The provisions developed by the authors will simplify and streamline the law enforcement practice in the issues under consideration.

Transformation of Civil Law Regulation of Bank Lending to Environmental Entrepreneurship in the Russian Federation and the European Union

Introduction: the paper considers the study of the issues of the civil law regulation of bank lending to environmental entrepreneurship through the analysis of such concepts as “green banking”, “environmental entrepreneurship”, and “social goal of green financing”. Purpose: the author examines the concept and features of bank lending to environmental entrepreneurship, their essential features, highlighted by the civil doctrine and used by judicial practice. Using the methods of scientific cognition, primarily the method of systematic and comparative analysis, the author identifies the constitutive features of bank lending to environmental entrepreneurship by applying an essential-substantive approach to the study of the concept of environmental entrepreneurship and its development in Russia with the help of bank lending. Results: it is established that there is no single approach to understanding bank lending to environmental entrepreneurship in the modern scientific literature. To determine the main approaches to understanding bank lending to environmental entrepreneurship, the author’s approaches to the definition of this phenomenon are systematized. Conclusions: the author concludes that there are no methodologically sound approaches to the financing of environmental entrepreneurship in the banking sector. It seems that the solution to such a problem is possible by creating a universal framework for the methodological support of risk assessment to apply bank lending to environmental entrepreneurship.

An Individual Entrepreneur in the Status of the Sole Executive Body of a Corporation

Introduction: the legislation allows for the possibility of transferring the powers of the sole executive body to an individual entrepreneur, expanding them. In this regard, the paper sets the goal of determining the legal status of an individual entrepreneur as the sole executive body of a corporation. Methods: in the course of the research, the dialectical, formal-legal, comparative-legal, structural-functional and other methods of cognition were used. Results: based on the provisions of the current legislation, the analysis of the legal status of the sole executive body in the person of an individual entrepreneur is carried out; the negative and positive aspects of the transfer of powers of the sole executive body to an individual entrepreneur are noted. Conclusions: as a result of the study, the imperfection of the current legislation regulating the legal status of an individual entrepreneur in the person of the sole executive body is noted and the need for making some changes and additions to the regulatory legal acts is justified.