Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-137-141
R. Zelepukin
In this article the author analyses the development of administrative regulations in the system of modern public administration. The state of administrative regulations and their institutionalisation as a result of the administrative reform is noted. It has been identified and found that there has now been a change in the approach to the delineation of the administrative regulations of the executive authorities - before 2018, administrative regulations were divided into service regulations and function regulations, where service regulations are related to requests by private persons to the state represented by its bodies and officials - and function regulations are related to the implementation of continuous activities to perform assigned powers and exercise the established competence, after 2018, administrative regulations are divided into service regulations and control (supervision) regulations. According to the author, the established approach has allowed the above varieties of regulations to be merged into such a group of types of administrative regulations as administrative regulations for the implementation of state functions. Also the author concludes that it is necessary to adopt a special legislative act systemising the functions of the executive authorities and the administrative procedures they carry out in a single logical connection.
{"title":"ADMINISTRATIVE REGULATIONS OF STATE FUNCTIONS AT THE PRESENT STAGE: DYNAMICS OF CHANGES IN THE APPROACH TO THE CONCEPT AND VARIETIES AT THE LEGAL REGULATORY","authors":"R. Zelepukin","doi":"10.33693/2072-3164-2021-14-6-137-141","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-137-141","url":null,"abstract":"In this article the author analyses the development of administrative regulations in the system of modern public administration. The state of administrative regulations and their institutionalisation as a result of the administrative reform is noted. It has been identified and found that there has now been a change in the approach to the delineation of the administrative regulations of the executive authorities - before 2018, administrative regulations were divided into service regulations and function regulations, where service regulations are related to requests by private persons to the state represented by its bodies and officials - and function regulations are related to the implementation of continuous activities to perform assigned powers and exercise the established competence, after 2018, administrative regulations are divided into service regulations and control (supervision) regulations. According to the author, the established approach has allowed the above varieties of regulations to be merged into such a group of types of administrative regulations as administrative regulations for the implementation of state functions. Also the author concludes that it is necessary to adopt a special legislative act systemising the functions of the executive authorities and the administrative procedures they carry out in a single logical connection.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"181 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124532485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-157-161
Margarita Netesova
Purpose of research. The purpose of the study is to develop a legal approach to assessing the social impact of such a phenomenon as social entrepreneurship. In accordance with the current legislation, social entrepreneurship is carried out in order to solve certain acute social problems facing society. There is an urgent need to assess to what extent this activity solves the task, in other words, to determine the level of social impact exerted by the category of social entrepreneurs. Currently, the current regulatory legal acts do not contain criteria for such an assessment. Conclusions. The analysis of certain types of social entrepreneurship and the current procedure for recognizing small and medium-sized businesses as social enterprises allowed us to identify quantitative indicators characterizing the social impact of certain types of social entrepreneurship. In addition, quantitative and qualitative indicators are proposed that can be used to evaluate those social enterprises whose activities cannot be evaluated on the basis of so-called "obvious" quantitative indicators. It is concluded that it is necessary to submit a report on the social impact of a small or medium-sized business entity applying for inclusion in the register of social entrepreneurs.
{"title":"ON THE ISSUE OF ASSESSING THE SOCIAL IMPACT OF SOCIAL ENTREPRENEURSHIP","authors":"Margarita Netesova","doi":"10.33693/2072-3164-2021-14-6-157-161","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-157-161","url":null,"abstract":"Purpose of research. The purpose of the study is to develop a legal approach to assessing the social impact of such a phenomenon as social entrepreneurship. In accordance with the current legislation, social entrepreneurship is carried out in order to solve certain acute social problems facing society. There is an urgent need to assess to what extent this activity solves the task, in other words, to determine the level of social impact exerted by the category of social entrepreneurs. Currently, the current regulatory legal acts do not contain criteria for such an assessment. Conclusions. The analysis of certain types of social entrepreneurship and the current procedure for recognizing small and medium-sized businesses as social enterprises allowed us to identify quantitative indicators characterizing the social impact of certain types of social entrepreneurship. In addition, quantitative and qualitative indicators are proposed that can be used to evaluate those social enterprises whose activities cannot be evaluated on the basis of so-called \"obvious\" quantitative indicators. It is concluded that it is necessary to submit a report on the social impact of a small or medium-sized business entity applying for inclusion in the register of social entrepreneurs.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115776253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-203-209
A. Serebrennikova
The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.
{"title":"PHARMACEUTICAL LAW: CRIMINAL ASPECTS","authors":"A. Serebrennikova","doi":"10.33693/2072-3164-2021-14-6-203-209","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-203-209","url":null,"abstract":"The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"61 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120825044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-029-035
Junnan Dong, Wang Juntao, A. Matveevskaya
The system of water law in China is built differently than in many countries of the world. It emerged from a planned economic system, a traditional society in which agriculture was the majority, and a rapid stage of industrialization and urbanization. It has its own characteristics. Proceeding from the premise of compliance with the fundamental system of the socialist market economy, the main characteristics of the reform and construction of the water law system in China are: compliance with the system of state ownership of state and collective water resources, and the introduction of a management system based on government leadership, full control, priority and regional coordination. Through gradual reforms, such as pilot projects, the marketization process will be accelerated and the market mechanism will be used to optimize the allocation of water resources. The purpose of the work. By analyzing the water legislation of China, to study the characteristics, the direction of the reform of water law and the ways of building the water law system of China. Methods. Empirical research methods, search and analysis of information from mass media, analysis and comparison of data, comparison and generalization were used in the work. Results. Through the study of the water law system in China, it was possible to identify the main direction of water law reform, which corresponds to the general trend of water law reform in the world, which is that the government assumes a leading role and fully uses the role of the market economy in optimizing the allocation of resources.
{"title":"CHINA'S WATER LAW: FEATURES OF FORMATION AND FUNCTIONING","authors":"Junnan Dong, Wang Juntao, A. Matveevskaya","doi":"10.33693/2072-3164-2021-14-6-029-035","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-029-035","url":null,"abstract":"The system of water law in China is built differently than in many countries of the world. It emerged from a planned economic system, a traditional society in which agriculture was the majority, and a rapid stage of industrialization and urbanization. It has its own characteristics. Proceeding from the premise of compliance with the fundamental system of the socialist market economy, the main characteristics of the reform and construction of the water law system in China are: compliance with the system of state ownership of state and collective water resources, and the introduction of a management system based on government leadership, full control, priority and regional coordination. Through gradual reforms, such as pilot projects, the marketization process will be accelerated and the market mechanism will be used to optimize the allocation of water resources. The purpose of the work. By analyzing the water legislation of China, to study the characteristics, the direction of the reform of water law and the ways of building the water law system of China. Methods. Empirical research methods, search and analysis of information from mass media, analysis and comparison of data, comparison and generalization were used in the work. Results. Through the study of the water law system in China, it was possible to identify the main direction of water law reform, which corresponds to the general trend of water law reform in the world, which is that the government assumes a leading role and fully uses the role of the market economy in optimizing the allocation of resources.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129584785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-142-150
K. Belikova
Based on the legal material of the BRICS countries the article touches upon the issue of legal responsibility of a scientist, creator, operator, etc. for the implementation of the results of his scientific activities in the field of new military technologies. Interest is caused by the impact on legal and military science, as well as on the ideas of both ordinary people and specialists (lawyers, military, sociologists, etc.) provided by new technologies that currently allow to do things that previously could not even be imagined otherwise than in imaginative literature, films, etc. In this way, the current provisions of normative acts (in the field of legislation on intellectual property), ethical codes, etc., and doctrines (works of specialists who give arguments "pro" and "contra" giving legal personality to artificial intelligence) are examined. Scientific novelty is due, firstly, to the choice of countries - these are the BRICS countries, secondly, the subject of the study is the legal responsibility for the implementation of the results of scientific activity of a scientist in the field of new military technologies, thirdly, the analysis of a selected range of issues in an interdisciplinary aspect - from the standpoint of jurisprudence, military science, ethics. Among the conclusions reached by the author, the inevitability of ethical problems when using AI in civil (for example, transport) and military autonomous systems. In this regard, attempts have been made to solve these problems in the BRICS countries in various ways: from declarative limitations in patent legislation to the development of guidelines and ethical principles that meet the realities. The need to develop a single document with an international legal status on the issue of AI-human interaction, based on the opinions and ideas about the principles of such interaction of more than eighty subjects from around the world is also showed.
{"title":"MODERN MILITARY TECHNOLOGIES AND THE RESPONSIBILITY OF A SCIENTIST, CREATOR, OPERATOR, ETC.: SOME APPROACHES OF THE BRICS COUNTRIES","authors":"K. Belikova","doi":"10.33693/2072-3164-2021-14-6-142-150","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-142-150","url":null,"abstract":"Based on the legal material of the BRICS countries the article touches upon the issue of legal responsibility of a scientist, creator, operator, etc. for the implementation of the results of his scientific activities in the field of new military technologies. Interest is caused by the impact on legal and military science, as well as on the ideas of both ordinary people and specialists (lawyers, military, sociologists, etc.) provided by new technologies that currently allow to do things that previously could not even be imagined otherwise than in imaginative literature, films, etc. In this way, the current provisions of normative acts (in the field of legislation on intellectual property), ethical codes, etc., and doctrines (works of specialists who give arguments \"pro\" and \"contra\" giving legal personality to artificial intelligence) are examined. Scientific novelty is due, firstly, to the choice of countries - these are the BRICS countries, secondly, the subject of the study is the legal responsibility for the implementation of the results of scientific activity of a scientist in the field of new military technologies, thirdly, the analysis of a selected range of issues in an interdisciplinary aspect - from the standpoint of jurisprudence, military science, ethics. Among the conclusions reached by the author, the inevitability of ethical problems when using AI in civil (for example, transport) and military autonomous systems. In this regard, attempts have been made to solve these problems in the BRICS countries in various ways: from declarative limitations in patent legislation to the development of guidelines and ethical principles that meet the realities. The need to develop a single document with an international legal status on the issue of AI-human interaction, based on the opinions and ideas about the principles of such interaction of more than eighty subjects from around the world is also showed.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"220 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131099267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-060-065
A. Korzhenyak, A. Mikhailov
The purpose of the research. This article analyses the main points of the legal teaching of the Australian jurist William Jethro Brown (1868-1930), which the authors of this study regard as forming one of the significant stages in the evolution of Anglo-American legal positivism. Along with his contemporaries, a New Zealand lawyer John William Salmond (1862-1924) and British jurists Thomas Erskine Holland (1835-1926) and John Mason Lightwood (1852-1947), Brown was among the first critics of the «command theory of law» of the founder of the analytical school of jurisprudence John Austin (1790-1859). The authors of this article prove that the ideas, including those of W. Brown, play the role of a link between the founders of the analytical school of law (J. Bentham, J. Austin), the teachings of William Markby, Sheldon Amos, and subsequent generations of English legal scholars of both positivist and neo-positivist direction. Many provisions of Brown's legal doctrine became the basis for criticism of Austin's command concept and legal understanding in the teachings of H. L. A. Hart, the central figure of English neopositivism of the 20th century. As a result of the research the authors conclude that there are comparative similarities between W. J. Brown's conception of «rules of external action», J. W. Salmond's idea of «ultimate legal principles» and H. L. A. Hart's legal doctrine on the «rule of recognition».
研究的目的。本文分析了澳大利亚法学家威廉·杰斯罗·布朗(William Jethro Brown, 1868-1930)法律教学的主要观点，作者认为这构成了英美法律实证主义演变的重要阶段之一。与他同时代的新西兰律师约翰·威廉·萨尔蒙德(1862-1924)、英国法学家托马斯·厄斯金·霍兰德(1835-1926)和约翰·梅森·莱特伍德(1852-1947)一样，布朗是分析学派法学创始人约翰·奥斯汀(1790-1859)的“命令法理论”的首批批评者之一。本文的作者证明，包括布朗在内的这些思想，在分析法学学派的创始人(边沁、奥斯汀)、马克比、阿莫斯的学说，以及后来几代实证主义和新实证主义方向的英国法律学者之间起着联系的作用。布朗法律学说中的许多条款成为了对奥斯丁命令概念和20世纪英国新实证主义核心人物哈特(H. L. A. Hart)教义中法律理解的批评基础。研究结果表明，布朗的“外部行为规则”概念、萨尔蒙德的“终极法律原则”概念和哈特的“承认规则”法律学说之间存在比较相似之处。
{"title":"WILLIAM JETHRO BROWN'S CRITIQUE OF JOHN AUSTIN'S LEGAL THEORY AS A STAGE IN THE DEVELOPMENT OF LEGAL POSITIVISM","authors":"A. Korzhenyak, A. Mikhailov","doi":"10.33693/2072-3164-2021-14-6-060-065","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-060-065","url":null,"abstract":"The purpose of the research. This article analyses the main points of the legal teaching of the Australian jurist William Jethro Brown (1868-1930), which the authors of this study regard as forming one of the significant stages in the evolution of Anglo-American legal positivism. Along with his contemporaries, a New Zealand lawyer John William Salmond (1862-1924) and British jurists Thomas Erskine Holland (1835-1926) and John Mason Lightwood (1852-1947), Brown was among the first critics of the «command theory of law» of the founder of the analytical school of jurisprudence John Austin (1790-1859). The authors of this article prove that the ideas, including those of W. Brown, play the role of a link between the founders of the analytical school of law (J. Bentham, J. Austin), the teachings of William Markby, Sheldon Amos, and subsequent generations of English legal scholars of both positivist and neo-positivist direction. Many provisions of Brown's legal doctrine became the basis for criticism of Austin's command concept and legal understanding in the teachings of H. L. A. Hart, the central figure of English neopositivism of the 20th century. As a result of the research the authors conclude that there are comparative similarities between W. J. Brown's conception of «rules of external action», J. W. Salmond's idea of «ultimate legal principles» and H. L. A. Hart's legal doctrine on the «rule of recognition».","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124537439","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-093-100
R. Markov
The model for elections of top officials of the constituent entities of the Russian Federation, which was restored by amendments to the federal legislation in 2012, differs significantly from the previous regional election campaigns and establishes special conditions for the participation of candidates. These include support for the nomination of a candidate for the post of head of a constituent entity of the Russian Federation by representatives of local authorities elected by the population - municipal deputies and heads of municipal formations, which very quickly received the informal name “municipal filter” among lawyers, political scientists and publicists. Among other novelties of electoral legislation, it is this requirement that has been the subject of sharp criticism for ten years. Materials and methods. In preparing the article, the authors analyzed federal legislation, by-laws, election campaign materials, and judicial practice of the Constitutional Court of the Russian Federation. The main methods used are technical-legal, formal-legal, comparative-legal. Results. The requirement to support the nomination of a candidate for the post of the highest official of a constituent entity of the Russian Federation can be assessed as a complex and contradictory procedure. It performs important functions in controlling the electoral process, ensuring the unity of the Russian public power system, developing local self-government, and strengthening the political and party systems. However, in modern Russian political conditions, the prevalence of a certain political force in local self-government bodies, the “municipal filter” is being transformed from a legal procedure into an instrument of unfair political struggle. Conclusions. The study substantiates the need to preserve and reform the “municipal filter” in terms of reducing the minimum and maximum levels of support for candidates and reducing the territorial coverage of municipalities in the region.
{"title":"FOR A DISCUSSION ABOUT THE “MUNICIPAL FILTER”","authors":"R. Markov","doi":"10.33693/2072-3164-2021-14-6-093-100","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-093-100","url":null,"abstract":"The model for elections of top officials of the constituent entities of the Russian Federation, which was restored by amendments to the federal legislation in 2012, differs significantly from the previous regional election campaigns and establishes special conditions for the participation of candidates. These include support for the nomination of a candidate for the post of head of a constituent entity of the Russian Federation by representatives of local authorities elected by the population - municipal deputies and heads of municipal formations, which very quickly received the informal name “municipal filter” among lawyers, political scientists and publicists. Among other novelties of electoral legislation, it is this requirement that has been the subject of sharp criticism for ten years. Materials and methods. In preparing the article, the authors analyzed federal legislation, by-laws, election campaign materials, and judicial practice of the Constitutional Court of the Russian Federation. The main methods used are technical-legal, formal-legal, comparative-legal. Results. The requirement to support the nomination of a candidate for the post of the highest official of a constituent entity of the Russian Federation can be assessed as a complex and contradictory procedure. It performs important functions in controlling the electoral process, ensuring the unity of the Russian public power system, developing local self-government, and strengthening the political and party systems. However, in modern Russian political conditions, the prevalence of a certain political force in local self-government bodies, the “municipal filter” is being transformed from a legal procedure into an instrument of unfair political struggle. Conclusions. The study substantiates the need to preserve and reform the “municipal filter” in terms of reducing the minimum and maximum levels of support for candidates and reducing the territorial coverage of municipalities in the region.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114823398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-151-156
M. Akhmadova
The article discusses the procedure for the implementation of military-technical cooperation and the delimitation of ownership rights to its results between the BRICS countries - the Russian Federation and Brazil, the Russian Federation and South Africa. At the same time, the focus of the author's attention is on the transfer and use of previous intellectual property, the distribution of rights to the results of intellectual activity and the procedure for resolving disagreements and disputes between the contracting parties and (or) participants to contracts. The relevance of the study is due to the fact that military-technical cooperation has a strategic role for modern Russia, designed, on the one hand, to strengthen the country's military and political positions in the world, and on the other, serves the purpose of maintaining the country's defense capability and military security at the proper level. The research conducted based on such methods of scientific cognition as: general scientific dialectical, formal legal and comparative legal methods, etc. At the same time, the author proceeds from the subjective-objective determination of processes and phenomena, and their interconnectedness. The novelty of this research is determined by its very purpose, subject and range of sources under consideration. In this format, the author came to the conclusion that the approaches of the BRICS countries under consideration on some key aspects of regulating the protection of intellectual property, both transferred and created within the framework of military-technical cooperation, are largely similar. At the same time, the regulation of the use of the results of intellectual activity is the basis of relations between the Russian Federation and the BRICS countries in military-technical cooperation and is aimed at excluding unauthorized use of such products, therefore, the conclusion is formulated that the regulatory framework in the field of military-technical cooperation in terms of its international legal component on ensuring the protection of intellectual property transferred and received within the framework of such cooperation needs further improvement.
{"title":"THE PROCEDURE FOR THE IMPLEMENTATION OF MILITARY-TECHNICAL COOPERATION AND THE DELIMITATION OF OWNERSHIP RIGHTS TO ITS RESULTS BETWEEN THE BRICS COUNTRIES - THE RUSSIAN FEDERATION AND BRAZIL, THE RUSSIAN FEDERATION AND SOUTH AFRICA","authors":"M. Akhmadova","doi":"10.33693/2072-3164-2021-14-6-151-156","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-151-156","url":null,"abstract":"The article discusses the procedure for the implementation of military-technical cooperation and the delimitation of ownership rights to its results between the BRICS countries - the Russian Federation and Brazil, the Russian Federation and South Africa. At the same time, the focus of the author's attention is on the transfer and use of previous intellectual property, the distribution of rights to the results of intellectual activity and the procedure for resolving disagreements and disputes between the contracting parties and (or) participants to contracts. The relevance of the study is due to the fact that military-technical cooperation has a strategic role for modern Russia, designed, on the one hand, to strengthen the country's military and political positions in the world, and on the other, serves the purpose of maintaining the country's defense capability and military security at the proper level. The research conducted based on such methods of scientific cognition as: general scientific dialectical, formal legal and comparative legal methods, etc. At the same time, the author proceeds from the subjective-objective determination of processes and phenomena, and their interconnectedness. The novelty of this research is determined by its very purpose, subject and range of sources under consideration. In this format, the author came to the conclusion that the approaches of the BRICS countries under consideration on some key aspects of regulating the protection of intellectual property, both transferred and created within the framework of military-technical cooperation, are largely similar. At the same time, the regulation of the use of the results of intellectual activity is the basis of relations between the Russian Federation and the BRICS countries in military-technical cooperation and is aimed at excluding unauthorized use of such products, therefore, the conclusion is formulated that the regulatory framework in the field of military-technical cooperation in terms of its international legal component on ensuring the protection of intellectual property transferred and received within the framework of such cooperation needs further improvement.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114896168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-11-20DOI: 10.33693/2072-3164-2021-14-6-036-040
Amina Rasulova, D. Shepelev, D. Shepeleva
The relevance of the article is connected with the emergence of such a scientific category in law as «digitalization». Digitalization processes are being actively introduced into public, political, economic and legal life directly by authorities, for example, the Government of the Russian Federation, which by 2021 is moving from «electronic Government» to «Digital Government», introducing digital technologies into the system of executive authorities as digitalization tools for fast and effective digital interaction both among themselves and to optimize interaction with citizens and organizations. This issue requires a scientific analysis. Therefore, the main purpose of the article will be to study the problems, scientific research of the current state and prospects of mutual influence of digitalization and digital space in the law of the modern Russian state, analysis of the role of digitalization in law as a legal category. The article also analyzes the legal concepts of digitalization, it is noted that the Concept of Government will be transformed into a Digital Government in 2021. The implementation of this transformation is carried out by the Government of the Russian Federation itself, the Ministry of Digital Development of the Russian Federation on behalf of the President of the Russian Federation. At the same time, this concept does not aim to replace the traditional system of state authorities or transform bodies, but is aimed at increasing the accessibility and quality of interaction between the population of the state and the authorities, as well as digital interaction between the state and municipal authorities themselves. It is noted that there is a tendency to transform public power into the mainstream of digital technologies and digital interaction, for this purpose a number of legal documents have been created - concepts, in particular, the concept of the digital economy, implemented on behalf of the President of the Russian Federation.
{"title":"THE DEVELOPMENT OF DIGITALIZATION IN THE MODERN RUSSIAN STATE","authors":"Amina Rasulova, D. Shepelev, D. Shepeleva","doi":"10.33693/2072-3164-2021-14-6-036-040","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-6-036-040","url":null,"abstract":"The relevance of the article is connected with the emergence of such a scientific category in law as «digitalization». Digitalization processes are being actively introduced into public, political, economic and legal life directly by authorities, for example, the Government of the Russian Federation, which by 2021 is moving from «electronic Government» to «Digital Government», introducing digital technologies into the system of executive authorities as digitalization tools for fast and effective digital interaction both among themselves and to optimize interaction with citizens and organizations. This issue requires a scientific analysis. Therefore, the main purpose of the article will be to study the problems, scientific research of the current state and prospects of mutual influence of digitalization and digital space in the law of the modern Russian state, analysis of the role of digitalization in law as a legal category. The article also analyzes the legal concepts of digitalization, it is noted that the Concept of Government will be transformed into a Digital Government in 2021. The implementation of this transformation is carried out by the Government of the Russian Federation itself, the Ministry of Digital Development of the Russian Federation on behalf of the President of the Russian Federation. At the same time, this concept does not aim to replace the traditional system of state authorities or transform bodies, but is aimed at increasing the accessibility and quality of interaction between the population of the state and the authorities, as well as digital interaction between the state and municipal authorities themselves. It is noted that there is a tendency to transform public power into the mainstream of digital technologies and digital interaction, for this purpose a number of legal documents have been created - concepts, in particular, the concept of the digital economy, implemented on behalf of the President of the Russian Federation.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134345536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-28DOI: 10.33693/2072-3164-2021-14-5-247-252
A. Serebrennikova
This article presents a study on a topical and highly controversial topic of criminal law protection of modern biosafety of the Russian Federation. The paper presents a qualitative study of the relatively new term for the domestic legal order, "biological safety" in the context of its criminal law protection. Purpose of the study: to analyze the modern criminal law opposition to the use of pathogenic, bioactive agents that are different in nature and are used purely for criminal purposes. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpreting legal norms, which make it possible to better comprehend the institutions of criminal law and determine the main directions of their development. Conclusions: based on the systematization of normative and doctrinal sources in the designated area, the author highlights the most relevant manifestations of biological security threats, offers tools for effectively countering socially dangerous acts committed using pathogenic biological agents. In order to more effectively ensure the biosafety of the state, society and the individual, the author proposes the adoption of a special Federal Law designed to eliminate gaps in Russian legislation.
{"title":"BIOLOGICAL SAFETY: MODERN CHALLENGES (CRIMINAL LAW ASPECTS)","authors":"A. Serebrennikova","doi":"10.33693/2072-3164-2021-14-5-247-252","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-5-247-252","url":null,"abstract":"This article presents a study on a topical and highly controversial topic of criminal law protection of modern biosafety of the Russian Federation. The paper presents a qualitative study of the relatively new term for the domestic legal order, \"biological safety\" in the context of its criminal law protection. Purpose of the study: to analyze the modern criminal law opposition to the use of pathogenic, bioactive agents that are different in nature and are used purely for criminal purposes. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpreting legal norms, which make it possible to better comprehend the institutions of criminal law and determine the main directions of their development. Conclusions: based on the systematization of normative and doctrinal sources in the designated area, the author highlights the most relevant manifestations of biological security threats, offers tools for effectively countering socially dangerous acts committed using pathogenic biological agents. In order to more effectively ensure the biosafety of the state, society and the individual, the author proposes the adoption of a special Federal Law designed to eliminate gaps in Russian legislation.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125834550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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