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Journal articles on the topic 'International economic relations – Law and legislation'
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1
Lapshin, Valery, and Nadezhda Kuznetsova. "Implementation of the law of the Eurasian Economic Union in national criminal law." E3S Web of Conferences 135 (2019): 04065. http://dx.doi.org/10.1051/e3sconf/201913504065.
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Currently, one can observe the process of active economic integration and cooperation, in the post-Soviet space. This is possible due to mutual economic and political interests, ensuring the protection of the interests of national producers, and obtaining competitive advantages of domestic goods in comparison with similar products of Western European and Asian manufacturers. The solution to all these problems is facilitated by the creation of a single international organization of the post-Soviet space the Eurasian Economic Union (EAEU), the territory of its member states already constitutes a single customs space. Activities of the EAEU are associated with the adoption of a significant number of regulatory international legal acts. Implementation of these acts will be satisfactory only if the EAEU member states properly implement it in the national legislation. At present, several types of implementation of international law provisions in the national legislation of a particular country are distinguished in legislative activity: reception, transformation, referral, incorporation, ratification. Law enforcement practice also deserves special attention, including decisions of international courts binding in a single state. As a result of the study, the most preferred forms of implementation of the EAEU regulatory acts into the national law systems of its participants: Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, were established. In addition, it was concluded that it is necessary to unify provisions of the criminal law of the listed states in terms of establishing liability for customs offenses. This decision will positively affect protection of both the interests of individual participants in economic relations and the economic security of each union state.
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Bevz, Svitlana. "HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE: SOME LANDMARKS." Administrative law and process, no. 2 (29) (2020): 44–57. http://dx.doi.org/10.17721/2227-796x.2020.2.04.
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The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.
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Aylmerton, Oliver. "Judicial Legislation." Leiden Journal of International Law 2, no. 1 (May 1989): 3–18. http://dx.doi.org/10.1017/s0922156500001047.
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The author describes the main characteristics of the English judicial system and its methodology. A central topic is the so-called judicial legislation, as is illustrated by the developing case lawwith respect to the tort of negligence. The method has the twin advantages of flexibility and pragmatism and it also has the advantages of speed. But there is a minus side also. First, the development of the law in this way can only be achieved at the expense of certainty. Secondly, it involves the alteration of the law, sometimes a quite radical alteration, without any extensive consideration of the practical and economic results such as would take place in the course of parliamentary scrutiny and debate. Judges are not the elected representatives of the people and the methodology of English Judges which results in the development and alteration of the law without the benefit of parliamentary debate may not perhaps be altogether a satisfactory democratic process to a constitutional purist.
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Chuguevskaya, E. V. "Development of International Investment Law within the Framework of the Eurasian Economic Union." EURASIAN INTEGRATION: economics, law, politics 15, no. 3 (October 23, 2021): 77–81. http://dx.doi.org/10.22394/2073-2929-2021-03-77-81.
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At the present stage of development of international investment relations, national legislation is not able to fully ensure the regulation of international investment relations, single-handedly create the conditions necessary for the free movement of capital, and adequately ensure that the rights and interests of foreign investors are respected. Free movement of capital requires similar principles, forms and methods of their legal regulation, which contributes to the creation of a single legal space. However, at the present stage of development of international law, the creation of a global and effective investment law is not possible. Regional cooperation between states is of particular importance in such conditions.
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Parkhomenko, Natalia. "The specifics of law-making under martial law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 28–33. http://dx.doi.org/10.33663/2524-017x-2022-13-4.
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The article describes the improvement of current legislation of Ukraine through introducing amendments and additions, along with enactment of a new law framework, regarding the need of organization of state machinery and legal order under martial law. The operation of state machinery, the interaction between the state and institutions of civil society, guaranteeing and protecting the rights, freedoms and legitimate interests of natural and legal person depend on the legislative compliance with the real social, political, economic and military challenges. In such circumstances, legal support of reform of political system of Ukraine under martial law is the primary objective for law-making actors in Ukraine. The problem mentioned didn’t receive a thorough research and monitoring. In general, law-making process under martial law has proceed in accordance with constitutionally defined organizational and legal basis, meanwhile having some specifics. Among these are: the improvement of legislation system was carried out mainly not through enactment of primary laws, but through introducing amendments and additions to the legislation in all legal fields; the legal acts of military command and military administration that received relevant authority to make laws, were disseminated; there was a revitalization of legislative development in the military sphere; certain provisions of current legislation continued to operate on the temporary occupied territories; the restrictions on certain rights and freedoms of citizens were introduced in accordance with provisions of Constitution of Ukraine etc. Due to the adoption of extraordinary legal acts, the legal arrangements for legal order and rule of law were created; public relations were stabilized. Key words: law-making, authority, emergency, directive, order, martial law, command, legislation.
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Spasybo, Valentine. "Genesis of legal regulation of airport services in Ukraine." Legal Ukraine, no. 12 (December 19, 2019): 6–16. http://dx.doi.org/10.37749/2308-9636-2019-12(204)-1.
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The study of the genesis of legal regulation of relations in the provision of airport services allows us to draw the following conclusions. Airport services and their legislative regulation are directly related to air transportation services. With the expansion of the scope of these services, airport services also developed. These types of services began to take shape in the early ХХ century and rapidly developed with the creation of a network of airports around the world, including in Ukraine. At the same time, legislative regulation was formed as a set of rules governing transportation, then legislation on the provision of services joined it. It was established that civil legislation on airport activities historically supplemented the legislation on air transportation, the main purpose of which was to comply with air safety guarantees. A peculiarity of the civil legislation of Ukraine governing the activities of airport services is that its basic norms are not contained in the Civil Code of Ukraine, but in the norms of other legislative and by-laws, primarily in the Air Code and the Aviation Rules of Ukraine, as well as in the administrative, economic, tax, labor, environmental, land and other branches of law. However, the core of this set of norms is precisely the rules of civil law, which allows you to regulate these relationships using the principles and methods of civil law and at the same time take into account the links between the various branches of legislation as elements of the system. It is concluded that the legislation of Ukraine on the provision of airport services should be developed in the process of its unification with EU directives, standards and recommended practices of the International Civil Aviation Organization, due to the global processes of the impact of globalization on these relations and international obligations undertaken by Ukraine. Key words: legal regulation, civil law relations, civil law, airport service, Air Code of Ukraine, Aviation Rules of Ukraine.
7
Blikhar, Mariia, Oleksii Ostapenko, Iryna Khomyshyn, Leonid Ostapenko, and Mariia Vinichuk. ""TRANSFORMATION" OF HIRED LABOR AS ONE OF THE CONDITIONS FOR REFORMING LABOR LEGISLATION OF UKRAINE: ECONOMIC AND LEGAL DIMENSION." Financial and credit activity problems of theory and practice 1, no. 48 (February 28, 2023): 351–61. http://dx.doi.org/10.55643/fcaptp.1.48.2023.3969.
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The purpose of the article is to study the theoretical and applied aspects and identify the problems of the "transformation" of hired labor, as one of the conditions for reforming the labor legislation of Ukraine, in the context of their economic and legal dimension. The labor relations that arise and function between an employee and an employer in Ukraine are regulated by the norms of labor law both of the Soviet period and from the time of the declaration of independence of Ukraine.The article emphasizes that starting from the 1990s and until now, the national labor legislation has problems that require: 1) legislative coverage and consolidation of the social purpose of labor law in the sphere of regulation of labor relations between an employee and an employer and their practical implementation; 2) correct clarification of the content of the behavior of the subjects of labor relations based on prohibitions, orders and permits that regulate certain aspects of labor activity; 3) reforming labor legislation in order to direct and bring it into line with the Constitution of Ukraine and generally defined principles and norms of international labor law; 4) the unity of the legal policy of the state in the field of labor of certain categories of employees; 5) creation of an effective legal mechanism to regulate the sphere of contractual relations, both individual and collective, taking into account the new social relations between employees and employers on the basis of social dialogue; 6) creation of an appropriate legal framework that would ensure the economic interest of employers in creating safe working conditions for employees; 7) legislative regulation of gender equality of the rights of men and women in the field of work in order to ensure equal opportunities related to remuneration for work results and social protection of employees; 8) new in the content approaches of legal regulation of legal responsibility for violations of labor legislation precisely because the norms of labor law are transformed from general formalized provisions into specific legal rights and obligations of subjects of labor relations.The article emphasizes that each person independently makes decisions about his own work and is personally responsible for his well-being. At the same time, labor legislation should be a high-quality and effective regulator of labor relations, which is the basis for meeting the material and social needs of the employee.
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Butler, William Elliott. "Proceeding on Cases with the Participation of Foreign Persons in International Procedure Law of Russia and Belarus (The end)." Gosudarstvo i pravo, no. 11 (2021): 123. http://dx.doi.org/10.31857/s102694520017460-7.
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This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian and Belarus legislation concerning the regulation of international procedural relations. Article includes two parts: the first one considers international jurisdiction of Russian arbitrazh courts and Belarus economic courts on commercial matters; the second one examines the recognition and enforcement of foreign judgments in commercial matters on the territory of Russia and Belarus. Authors deeply scrutinized a wide range of legal documents including domestic legislation, bilateral and multilateral international treaties of regional character in order to show the convergences and divergences in Russian and Belarus procedural law concerning participation of foreign persons in international commercial litigation
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Butler, William E. "Proceeding on Cases with the Participation of Foreign Persons in International Procedure Law of Russia and Belarus." Gosudarstvo i pravo, no. 10 (2021): 173. http://dx.doi.org/10.31857/s102694520017271-9.
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This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian and Belarus legislation concerning the regulation of international procedural relations. Article includes two parts: the first one considers international jurisdiction of Russian arbitrazh courts and Belarus economic courts on commercial matters; the second one examines the recognition and enforcement of foreign judgments in commercial matters on the territory of Russia and Belarus. Authors deeply scrutinized a wide range of legal documents including domestic legislation, bilateral and multilateral international treaties of regional character in order to show the convergences and divergences in Russian and Belarus procedural law concerning participation of foreign persons in international commercial litigation.
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Atnashev, V. R. "Legal Regulation of Marriage Relations with Foreign Citizens (on the Example of Vietnam)." EURASIAN INTEGRATION: economics, law, politics, no. 4 (December 24, 2022): 98–105. http://dx.doi.org/10.22394/2073-2929-2022-04-98-105.
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The article discusses, first of all, some features of the Vietnamese legislation concerning marriages with foreign citizens and issues of citizenship. The problem of forced and fictitious marriages is also touched upon.Aim. Identification of specifics of the Vietnamese legislation on marriage and family and some topical problems in the field of mixed marriages.Tasks. Analysis of main provisions of the Law on Marriage and Family of Vietnam, the role of international treaties in this sphere, comparison of the situation with fictitious marriages in Vietnam and the Russian Federation.Methods. Comparative legal analysis of the norms of international private law in the field of marriage and family relations, description of the approaches of Vietnamese legislation to limping marriages and remission, as well as analysis of judicial practice in relation to fictitious marriages of Vietnamese citizens in the Russian Federation.Results. The Socialist Republic of Vietnam and the Russian Federation, representing different regions of the world and legal systems, have similar problems in the field of marriage and family relations involving foreign elements, which in Vietnam are exacerbated by social problems and weak protection of the rights of women and girls.Conclusion. The case of Vietnam demonstrates the conclusion of bilateral agreements and of universal conventions enhance eliminating the problem of conflict of law (limping marriages), while participation in international organizations improves the socio-economic situation of the population and develop mechanisms for protecting human rights in the field of marriage and family relations.
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Kirilenko, V. P., Yu V. Mishalchenko, and E. V. Vasileva. "Features of International Legal Regulation of Foreign Trade Contracts." EURASIAN INTEGRATION: economics, law, politics 16, no. 3 (October 14, 2022): 84–94. http://dx.doi.org/10.22394/2073-2929-2022-03-84-94.
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The article conducts a study to determine the mechanism of effective legal regulation of the content of foreign trade contracts when establishing mutually beneficial relations between participants in a foreign economic transaction who are subjects of law of different states by type of economic activity in accordance with and in accordance with the terms agreed by the parties on the basis of the applicable norms of national and international law and the legislation of the countries regulating these legal relations in foreign economic activity.Aim. To propose the most optimal directions for improving the legal regulation of the content of foreign trade contracts in the system of international integration.Tasks. To determine the legal basis for regulating foreign trade contracts in modern integration processes; to investigate the legal aspects, specifics and procedure for concluding foreign trade contracts, as well as to identify legal problems that hinder the development of these legal relations.Methods. In this research we used methods of comparative law, methods of analysis and synthesis, as well as methods of deduction and induction.Results. In the course of the study, the authors come to the conclusion that there are some problematic aspects of both national and international regulation in the field of foreign trade contracts. These problems are expressed in the absence of a single legal regulation for the conclusion and execution of foreign trade contracts, the presence of specific requirements for the content of the contract in different countries, and as a result, the appearance of conflicts at the stage of agreement of the text of the contract by partners from different countries, as well as in the absence of a single legal mechanism ensuring fair resolution of disputes between the parties to the contract.Conclusion. As a result of the analysis of the actual problems associated with the lack of the necessary comprehensive legal regulation of the content of foreign trade contracts, the authors propose optimal ways to solve them by harmonizing legislation at the international level in order to humanely and fairly bring together the legislations of states and establish comparable regulatory legal regulation in relation to the legal regulation of the content, conclusion and execution of a foreign trade contract.
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Ladsamyxay, Bounmy. "The Right to Access a Lawyer in Laotian Criminal Law." Asia-Pacific Journal on Human Rights and the Law 16, no. 1-2 (October 6, 2015): 42–54. http://dx.doi.org/10.1163/15718158-01601004.
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This article aims to analyze the defendants’ right to access a lawyer in criminal law, as defined in international legal standards, and determine the extent to which the legislation of Lao pdr complies. This study finds that Lao law is consistent with international law as regards the defendant’s right to gain access to a lawyer, for instance, as enshrined in the National Constitution, Criminal Law, Civil Law and the Law on Lawyers. However, this article will argue that defendants are not aware of their rights due to poor economic resources and the lack of information on the availability of legal aid services and how to access such services. On the other hand, defendants are unable to implement their rights effectively due to the limited and incompetent protection offered by lawyers. Additionally, legal practitioners and local authorities are not familiar with and accepting of the relevant legislation.
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Чиканова, Людмила, and Lyudmila CHikanova. "ON LIMITATION OF EMPLOYEES’ LABOUR RIGHTS UNDER THE CONDITIONS OF AN ECONOMIC CRISIS." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16138.
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The article is dedicated to the problems of limitation of employees’ labour rights under the conditions of an economic crisis. The author analyzes the Russian and foreign legislations, that regulate the relations in connection with mass discharge of employees and concluding of fixed-term employment contracts, as well as the opinions of labour law science representatives on the issue under consideration. The author notes that the statement of business representatives that unlike foreign legislation, the domestic labour legislation is excessively severe and regulates the relations between employees and employers in the Soviet manner and imposes on employers a large number of restrictions is not justified. The practice shows that general employment and labour laws in the developed countries leave very limited room for uncontrolled flexibility on the part of an employer, remaining truly flexible with respect to the diversity and variety of ways to ensure employees’ rights. Comparative analysis of legislations in Russia and foreign developed countries testifies that many foreign statutory regulations either completely agree with the RF Labour Code requirements or are yet less convenient for an employer. The Russian legislation, restricting the possibility of concluding fixed-term employment contracts is less severe compared to the European states. It conforms to international standards and that is why a suggestion on expanding grounds for concluding fixed-term employment contracts appears to be completely unjustified.
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Krylov, Alexandеr Andreevich. "Legal aspects of the phenomenon of strategic partnership as a special form of economic relations between Russian Federation and other countries." Юридические исследования, no. 4 (April 2020): 62–72. http://dx.doi.org/10.25136/2409-7136.2020.4.32909.
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The subject of this research is the review of the phenomenon of strategic partnership between the countries through the prism of normative legal regulation. The goal consists in comprehensive examination of the normative base of strategic partnership for extraction of the practically applicable conclusions. The results of the conducted research lies in formulation of the term of strategic partnership, as well as a list of recommendation on the improvement of existing legislation in the area of regulation of international economic relations. The article carries a cross-disciplinary character, since simultaneously touches upon several branches of law: administrative law, international law, and economic law. The acquired information can be used by a wide circle of scholars in the field of international economic relations, as well as by government officials for adjustment of the existing international agreements. The author concludes on the objective need to reform the system of international normative legal regulation of strategic partnership with regards to clarification of formulations, terminology, as well as implementation of quantitative and qualitative target indicators.
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Khovpun, Oleksii. "LEGAL RELATIONS REGARDING STATE REGISTRATION OF MEDICINES IN UKRAINE: TRENDS OF TRANSFORMATION." Scientific Notes Series Law 1, no. 9 (2020): 111–15. http://dx.doi.org/10.36550/2522-9230-2020-1-9-111-115.
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The article is devoted to the definition of the main tendencies of transformation of legal relations regarding state registration of medicines in Ukraine. It is emphasized that the pharmacy sphere combines many legal relations governed by the rules of various branches of law – administrative, labor, criminal, international, financial and economic, forming a complex system of pharmaceutical legislation. The factors that form vectors of development of legal relations regarding the state registration of medicines in Ukraine are outlined. The latter are related to the European integration of Ukraine and the simplification of international communication in the field of pharmacy in connection with overcoming COVID-19. Legislative innovations on the registration of medicines in Ukraine are highlighted, in particular, deregulation and simplification of the procedure of state registration of medicines, which are the main priorities of changes and additions to the legislation. Prospects for improving the state registration of medicines in Ukraine have been identified, where the key should be the fight against corruption in the pharmaceutical sector and falsification of medicines. It is emphasized that the relations are not improved, but the legislation is improved, which causes further changes in such relations. Accordingly, amendments to existing legislation are aimed at improving legal regulation, which leads to the transformation of social relations, makes them more orderly and modern. It is concluded that the main trends in the transformation of legal relations regarding state registration of medicines in Ukraine are: liberalization, unification, adaptability, innovation and inductance.
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Izbienova, T. A., A. B. Vaiman, and S. M. Sagitov. "Features of legal regulation of labor in the member states of the Eurasian Economic Union." SHS Web of Conferences 128 (2021): 06010. http://dx.doi.org/10.1051/shsconf/202112806010.
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In 2015, a new international integration economic association, the Eurasian Economic Union (hereinafter referred to as the EAEU), appeared on the economic and legal map of the world. Each member state of the EAEU, after gaining independence, as a result of the collapse of the USSR, independently formed a legislative framework in the field of labor, developed regulatory legal acts. Differences in the regulatory framework of the EAEU states, in particular, in the field of labor law, and their mutual economic integration, need to be compared in order to develop common principles, unification and harmonization of national legislation. In this regard, the article, based on the analysis of national labor legislation, assessed the prospects for regulating individual and collective labor relations and formulated conclusions on legal approaches to regulating social partnership relations, on the principles of the creation and functioning of trade unions and employers’ associations in the EAEU countries. In particular, the trade unions of the post-Soviet republics that are part of the EAEU have completely lost the right of legislative initiative, which corresponds to global practice. Currently, they can only make proposals for the adoption, amendment of regulations related to their area of competence. The position of trade unions as social partners on the adoption and amendment of labor legislation has ceased to be mandatory, and is often not taken into account by employers and public authorities.
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Milash, V. S. "OBJECTS OF INTERNET LEGAL RELATIONS IN CONDITIONS DIGITALIZATION OF ECONOMY." Economics and Law, no. 2 (September 9, 2021): 16–24. http://dx.doi.org/10.15407/econlaw.2021.02.016.
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The main trend of modern economic turnover and development is the global digitalization of all spheres and industries of the economy. For this reason new types of economic relations arise within their boundaries. The article examines the current situation and prospects for the development of legal regulation of Internet relations in the context of economic development. A number of problematic issues of the legal nature of individual objects of the economic rights that exist in a virtual (digital) format are analyzed. The issues of legal regulation of relations in the structure of which there is the so-called virtual element in a particular digital / virtual object are specifically analyzed. Special attention is paid to virtual assets, computer programs and software, artificial intelligence and the concept of the “Internet of Things”, etc. Emphasis is placed on the need for legislative consolidation of the concepts of virtual property and virtual objects, as well as objects with hybrid cyber-physical nature and their subsequent inclusion in the list of property in the economy of the business sector. Basic approaches to legal regulation of robotics based on artificial intelligence have been established. It is determined that the possibility of achieving a synergistic effect in the legal regulation of relations with virtual objects makes it necessary to make appropriate additions to the provisions of the Economic and Civil codes of Ukraine, as well as modernization of legislation in the field of intellectual property and innovation activities, investment legislation, legislation on property and property rights assessment, e-commerce, foreign economic activity on the Internet, protection of consumer rights of digital goods, etc. When adding and formulating these provisions into national legislation it should be taken into consideration the basis for international legal regulation of these issues submitted by acts of soft law, which are of a recommendatory nature. (These are the recommendations on artificial intelligence developed by the ETO-T Y.2060 (06/2012) Economic Telecommunication Organization “Overview of the Internet of things”).
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Shoislomova, Sitora. "International standards of legal regulation of working hours." Общество и инновации 3, no. 11/S (December 25, 2022): 184–91. http://dx.doi.org/10.47689/2181-1415-vol3-iss11/s-pp184-191.
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This article is devoted to the consideration and study of international standards of legal regulation of working hours, the significance of international labor acts on the labor legislation of the Republic of Uzbekistan, the relationship of international labor standards with national legislation. As a result of comparative legal research, working time is considered as an institution of labor law, which is a separate set of legal norms regulating this area of social relations within the branch of labor law. Centralized and contractual methods of legal regulation of working time are considered, the ratio of which provides greater flexibility and dynamism of labor relations under modern economic conditions. As a result of comparative legal research, the features of establishing various types of working time both in the Republic of Uzbekistan and in certain foreign countries are considered, the distinctive features of normal working hours are considered, the features of establishing reduced and part-time working time are identified. The article considers the widespread use of non-standard working time modes in foreign countries, in addition to standard working time modes, on the basis of which proposals aimed at improving the labor legislation of the Republic of Uzbekistan on working time have been developed and formulated.
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Nykytchenko, Nataliia, and Vladyslav Ostrynskiy. "Problems of the law choice and its limitations while EPC-contracts concluding." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 218–23. http://dx.doi.org/10.36695/2219-5521.2.2020.38.
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Due to the rapid development of social relations in Ukraine, national legislation can`t keep up to regulate them properly, whichforce businesses to use the rules of foreign jurisdictions or the pro-forms of international specialized organizations to carry out the cont -ractual transactions more frequently. The article provides examples of how the complex contractual relations are governed in practiceand how the businesses are forced to protect its interests while entering into EPC-contracts.The authors have researched the emergence of the contract templates, which were created by International Federation of ConsultingEngineers (FIDIC) and the way to use such templates according to Ukrainian law. Also, the article analyzes application of certainprovisions of the economic and civil legislation, which are reflected in EPC-contracts. Individual cases that were considered by theInternational Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine were analyzed as well.There is substantiated the opinion that regarding to provision of the contractual limitation of obligations for the actual losses feesand damages caused to economic entities as well as the possibility to freely use the international organizations pro-form in case whenits provisions do not contradict the imperative norms of the Ukrainian legislation and the principles of economic management inUkraine. Also, article analyzes how the choice of law can be made while concluding an EPC contract. The authors presented their theseson how the provisions of the EPC contract should be harmonized with the norms of national legislation.The authors support theory of Dépeçage to introduce a number of protective provisions, which include the existence of mandatoryrules in the legal system of a state, which would make it impossible to circumvent the law, and contain reservations about public order.This research shows that there is an opportunity to gain many advantages by the application of the theory of Dépeçage in EPC-cont racts.
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Доронина, Наталия, Nataliya Doronina, Наталья Семилютина, and Natalya Semilyutina. "Information Technologies and Economic Relations: Problems of International Conventional Unification in EAEU." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14372.
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Since 2013, at the State Duma initiative, each April Saint-Petersburg has hosted the “Eurasian Economic Perspective” International Forum. This discussion venue for the exchange of opinions by parliament members of the post-Soviet states, with the participation of scientists, representing humanitarian sciences and education, furthers, among other things, the goal of the states’ integration and their economic development. The topic for discussion offered this year was the implementation problems of the Treaty on the Eurasian Economic Integration as of January, 1, 2015. One of the main integration problems is the problem of unification and harmonization of national legislations of the Treaty countries. The key question of the unification process is separation of powers and competences of the integration organization’s common body and the participating countries’ national bodies. The understanding of the supranational power of the common body is not correct. The integration experience in other unions between the states proves the importance of the sovereignty principle in the integration process. The author provides the analysis of former integration experience. For example, CMEA (Council of Mutual Economic Assistance) united the former Eastern European socialist republics and South-Eastern Asia and was dissolved in 90-ies after the transition of the States — participants to market economy. Notwithstanding its dissolution, CMEA created effective integration instruments on the basis of unification of national legislations: The CMEA General Conditions of Delivery. This instrument of the socialist common market continues to be practiced as model conditions for international contracts. The legal instrument of the International Business Corporation (IBC) has initiated the movement of resources that can be compared to the movement of capital in a free-market world. The CMEA experience has provided basic knowledge of cooperation, which was later used in other integration groups. The article also covers the economic integration of the European Union. It can be useful from the point of view of critics of “federalist” theories on the nature of integration of a group of states. The latter remains, as the authors show, to be subject to the International Law system. It is quite logical, that due to this position of the authors, they pay special attention to the key role of national legislation in the integration process. On the basis of the analysis of the Andean Common Market experience the authors underline the features of integration in the Latin American region. The comparative analysis of international regional unions of states is necessary to make the work of the Eurasian International Economic Union (EAEU) more effective. The Information Law is the technique that provides the diffusion of the most effective models of regulation for the purpose of economic integration. This approach in solving problems of economic integration in EAEU seems to be useful in search of the ways to overcome difficulties of the integration process.
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Palchenko, Alla, and Elena Pishchanskaya. "LEGAL REGULATION OF INTERNATIONAL CHARTER AND LINER SHIPPING." Development of Management and Entrepreneurship Methods on Transport (ONMU) 76, no. 3 (2021): 64–73. http://dx.doi.org/10.31375/2226-1915-2021-3-64-73.
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Legal regulation of relations arising from the implementation of international transport has its own specifics. The most important conditions are defined in international agreements − conventions, which are the main source of regulation in this area of relations. The agreements contain mainly unified substantive legal norms necessary for the settlement of conflicts that most often arise in the regulation of issues in the field of international transport. It should be noted that international transport conventions also consist of conflict-of-law rules, which are invoked in the absence of unified substantive law. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. As a rule, conflict-of-law rules refer to national legislation, but sometimes also to the norms of international conventions. The norms of the conventions on international transportation are imperative for contracts of carriage, executed by a transport document − a bill of lading. Relations in the field of maritime shipping in many cases remain subject to the provisions of domestic maritime law, which must be determined by conflict of laws rules. However, as there are again few generallyaccepted conflict-of-law rules established by international treaties, all relevant issues are resolved at the level of national case law, and it is also different. In connection with the development of the world economy and international economic relations, the question of the ability and degree of influence of maritime transport on them plays an important role. Maritime shipping is central to a single global transport system. Maritime transport is already in its format of activity is an international industry, and concerns the activities of the carrier for the movement of goods or passengers from the port of departure to the port of destination.Keywords: convention, bill of lading, charter, sea transportation, seaport
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Glikman, Olga Vladimirovna, Aziza Ulugbekovna Nazarova, Alina Valeryevna Filippova, and Ekaterina Gennadyevna Minenkova. "Nuclear energy: Russia’s international treaties with other EEU members." SHS Web of Conferences 118 (2021): 03022. http://dx.doi.org/10.1051/shsconf/202111803022.
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The purpose of the study is to identify trends and compare the scope of multilateral and bilateral international legal regulation of relations between Russia and other Eurasian Economic Union members in the field of peaceful use of nuclear power (energy). The methodological basis of the research consists of general scientific and special legal methods. The application of these methods made it possible to subject the current national legislation in the field of nuclear energy to in-depth comparative legal analysis and to identify the prospects for its modernization. The result of the study was the absence of special provisions in the Treaty on the Eurasian Economic Union aimed at integration in the nuclear energy sector and the formation of a common nuclear energy market of the Eurasian Economic Union. The study’s novelty lies in the authors’ approach to the allocation and comparison of the scope and subject matter of existing international treaties of Russia with other Eurasian Economic Union members, regulating cooperation in the peaceful use of nuclear energy, which are not included in the Eurasian Economic Union law. According to the authors, despite the prospects and trends of forming the Eurasian Economic Union nuclear law noted by experts, Russia’s bilateral international agreements with other Eurasian Economic Union members will continue to play a special role in regulating relations in the nuclear energy sector.
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Novikova, Olga, Yaroslav Ostafychuk, and Iryna Novak. "Changes in the regulatory and legal field of the social and labor sphere in the conditions of martial law: problems and prospects for improvement." Economy of Industry 2, no. 98 (June 30, 2022): 75–90. http://dx.doi.org/10.15407/econindustry2022.02.075.
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The full-scale military aggression against Ukraine led to a massive disruption of value chains, a reduction of jobs, rising unemployment and labor emigration. Legislative initiatives to counteract the socio-economic consequences of the war are insufficiently effective. The purpose of the article is to evaluate the changes in labor and tax legislation during the martial law and to determine the prospects for its improvement. It was found that changes in labor legislation in Ukraine are based on the ideology of neoliberalism, mainly reflect the interests of employers and significantly limit the rights of employees. This increases the risks of the destruction of established institutions of social and labor relations, the losses from which, by analogy with the Syrian conflict, may exceed the losses from the destruction of physical capital. Directions for improving the legislation are proposed, special attention is paid to the rules on the suspension of the employment contract. It is emphasized the need to find a new format of interaction between the state and institutions of the labor sphere, appropriate adaptation of social and labor relations, using the possibilities of digitalization. The impact of changes in tax legislation on employment is analyzed. It was established that the policy of supporting the economy, the key instrument of which is tax benefits, does not sufficiently contribute to the preservation of employment. Based on the study of the international experience of combating economic shocks, a vision of a policy to support the economy is proposed, which should combine measures to preserve jobs, benefits for subjects of economic activity, and liquidity support. The international experience of implementing job preservation schemes, which in EU countries have become one of the main tools for business support during the COVID-19 pandemic, is considered. Conclusions about the relevance of researching the possibilities of their use in Ukraine with the involvement of EU funds were made. Appropriate proposals for authorities have been formulated.
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Polishchuk, M. "GENERAL LEGAL BASES OF PROVIDING AND RECEIPT OF FINANCIAL ASSISTANCE IN UKRAINE." Scientific Notes Series Law 1, no. 12 (October 2022): 185–89. http://dx.doi.org/10.36550/2522-9230-2022-12-185-189.
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Financial assistance is an important tool for providing economic support to both business entities and all other legal subjects, regardless of their economic and legal status. According to the Budget Code of Ukraine, the sources of formation of the special fund of the State Budget of Ukraine in terms of revenues and revenues of the special fund of local budgets include revenues from assistance programs and grants of the European Union, foreign governments, international organizations, donors, and expenditures - expenditures implementation of programs and activities within the framework of assistance programs and grants of the European Union, foreign governments, international organizations, donor institutions. The processes of providing financial assistance to economic entities by the state are regulated by the Budget Code of Ukraine and the Law of Ukraine «On State Assistance to Economic Entities». The subjects of relations in the field of providing and receiving financial assistance are the state, legal entities and individuals. The article considers the general financial, tax and civil principles of providing and receiving financial assistance. The provision and receipt of financial assistance as a subject of legal regulation in relation to the system of branches of Ukrainian legislation is intersectoral, comprehensive, as these social relations are governed not only by financial but also economic, tax and civil legislation. Studies of the legal regulation of the provision and receipt of financial assistance are promising both in terms of legal science and in terms of law enforcement practice given the growing needs for public and private financial support of the economy of state, its territories, legal entities and individuals in the conditions of military actions on the territory of Ukraine.
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Melnychuk, V. "COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: INTERNATIONAL LAW." Bulletin of Taras Shevchenko National University of Kyiv. Social work, no. 3 (2018): 10–13. http://dx.doi.org/10.17721/2616-7786.2018/3-1/2.
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The article deals with the concept of commercial sexual exploitation of children. The forms of commercial sexual exploitation of children, among that there is child's prostitution, child's pornography, trading in children, child's sex-tourism, early marriage, are described. International documents, that regulate a legislation in relation to crimes, children related to commercial sexual exploitation, are considered. Work of ungovernmental organizations, that conduct active activity in relation to defence and help to the children that suffered from sexual violence, is described. It is noted that the fight against commercial sexual exploitation of children with sexual violence against children should be conducted, in addition to international, national and local levels. The principles of the legal principles and standards that should guide children's strategies and practices, including advocacy for the prevention of violence and measures to protect all children from all forms of violence are described. The economic, social and cultural rights that contain the provision according to which children should be protected from economic and social exploitation are indicated. It has been determined that commercial sexual exploitation of children is a violation of the rights of the child, which is considered as a subject of sex and the subject of trade; and includes sexual abuse of the child or exploitation of the child by an adult, as well as payment in cash or in kind. It has been established that the development of legislation and recognition of the problem of sexual exploitation and sexual abuse of children at the national and international levels will be an impetus in combating the commercial sexual exploitation of children. It has been stressed that commercial sexual exploitation of children in many countries is particularly dangerous criminal activity, violating the rights of the child.
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Newman, Karl, and Catherine Seville. "III. Intellectual Property." International and Comparative Law Quarterly 46, no. 3 (July 1997): 712–16. http://dx.doi.org/10.1017/s0020589300060930.
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The period since the last note on this subject has been eventful.1 There have been some important legislative measures, and a good deal of significant case law. However, contradictory messages are being conveyed. The volume of legislation marks the Community's recognition of the economic value of intellectual property rights in international trade. Its broad aim is, as always, to achieve a level playing-field for competition, and to integrate the market by removing restrictions on the free movement of goods. Yet the unwavering adherence to the principle of free movement is being challenged in several areas, precisely because of its effect on competition, notably in the pharmaceuticals market.
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Kovalenko, E. Y., and O. A. Shavandina. "LEGAL REGULATION OF INTERNATIONAL COOPERATION OF THE RUSSIAN FEDERATION WITH FOREIGN COUNTRIES IN THE FIELD OF PHYSICAL EDUCATION AND SPORTS." Russian-Asian Legal Journal, no. 2 (July 6, 2020): 96–102. http://dx.doi.org/10.14258/ralj(2020)2.14.
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The article studies the national and international legal framework for regulating relations in thefield of physical culture and sports. It has been established that studying and taking into account positiveforeign experience in effectively regulating relations arising in the field of physical culture and sports, forimproving the norms of national sports law, including for codifying the sports legislation of Russia, is oneof the important reasons for the development of international cooperation of the Russian Federation withforeign countries. Another important reason is the need to harmonize and unify the national legislation ofRussia in the field of physical culture and sports with international law. The development of international cooperation between Russia and foreign countries and international organizations in the direction ofensuring national security is especially relevant in the context of exerting pressure on Russian athletes in thepast decade at sports competitions and events of various levels. It is concluded that Russia needs to developall areas of international cooperation, since physical culture and sport at the national and internationallevels is an important tool for ensuring the sustainable socio-economic development of countries, a tool forpersonal development of a person, a tool for intercultural, partnership and friendly development of interstatecommunication and serves as a powerful incentive to increase the competitiveness of each country in thecontext of globalization.
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Koverznev, V. O. "INTERNATIONAL STANDARDS FOR ENSURING THE RIGHT OF ACCESS TO COURT FOR PARTICIPANTS OF ECONOMIC RELATIONS." Economics and Law, no. 3 (October 22, 2020): 34–42. http://dx.doi.org/10.15407/econlaw.2020.03.034.
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Transformation and sustainable development of modern countries is not possible without providing all participants in economic relations with equal access to justice, which should be based on respect for fundamental rights, the Rule of Law, transparent courts and the effective administration of justice, guaranteeing public access to information about activity of commercial courts. The term "access to court" is a complex legal category based on several basic criteria, the simultaneous provision of which guarantees the actual observance of a person's right to access to justice, in particular: 1) financial, which provides for the obligation of the state to establish such an algorithm for determining the amount of court costs, which takes into account the property of the party and does not create obstacles to the exercise of the right to go to court, while acting as a safeguard against abuse of the right to go to; 2) territorial, which provides that the system of courts of general jurisdiction should be built taking into account the territorial structure of the state, with local courts, which consider all cases as courts of first instance, should be territorially as close as possible to the person; 3) organizational — provides for the optimal organization of the judicial system, which should be simple and, at the same time, clear and effective, in the context of access to court and the procedure for protection of individual rights. In addition, both the system of general courts as a whole and each individual court of general jurisdiction must be established and carry out their procedural activities in strict accordance with national law; 4) informational, according to which each state must legislate to inform its citizens and business entities about the procedure for going to court, about the conditions of providing certain categories of socially vulnerable citizens engaged in business activities, professional legal assistance provided by lawyers at the expense of the state, as well as the cur rent procedural rules; 5) procedural, which guarantees the administration of justice on the basis of the Rule of Law, as well as impartiality and impartiality of the court and judges, reasonable timeliness of court proceedings, publicity of proceedings and promulgation of court decisions, proper motivation and justification of court decisions, ensuring effective execution of court decisions and respect for final court decision; 6) quality of legislation, which imposes on the state the obligation to adopt legislation that meets the requirements of accessibility and predictability, so that each person has the opportunity to obtain adequate information about the circumstances of the application of legal norms in a particular case.
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Varavenko, Victor Evgenyevich, and Valeriya Andreevna Ostroukhova. "Unilateral termination of construction contract: comparative analysis of civil Legislation and international contract forms." Право и политика, no. 2 (February 2021): 70–82. http://dx.doi.org/10.7256/2454-0706.2021.2.35113.
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The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework “turnkey” contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Parts I and II of the Civil Code of the Russian Federation) that regulate unilateral termination of construction contracts. The novelty of this research lies in conducting a comparative analysis of Russian legislation and contract forms developed by the international nongovernmental organizations. The examination of foreign experience in the sphere of legal regulation of termination of contract are based on analysis of the norms of contract law of the national legal systems of foreign countries. However, according to the foreign authors, contract law within the systems of both, general and continental law, was developing in seclusion, without substantial influence of one national system upon another. International influence upon the national contract law emerged relatively recently in the sphere of foreign economic activity. At the same time, the key factor for mutual enrichment of the national systems of contract law became the use of international contract forms, which contributed to the unification of contractual regulation of the relations of obligation in national jurisdictions. Their influence upon the development of contract law was far more substantial than even the development of international conventions with substantive law regulations.
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Bevz, Svitlana. "ON THE ISSUE OF REGULATORY FRAMEWORK FOR STATE GOVERNANCE AND MANAGEMENT OF ECONOMIC ACTIVITIES IN UKRAINE." Administrative law and process, no. 2(25) (2019): 16–27. http://dx.doi.org/10.17721/2227-796x.2019.2.02.
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The aim of this article is to consider the regulatory framework of state governance and management of economic activity in Ukraine the notion of relevant framework, the nature of the relations that such framework applies its effectiveness. The methods of formal logic are used: analysis, synthesis, induction, deduction, analogy, generalization. The author analyzes the notion of “legislative” and “framework”, based on she synthesizes and generalizes her own vision of the concepts of “legislative framework” and “regulatory framework”. Relationship about state governance and management of economic activity is delimited deductively. Conclusions are drawn about the effectiveness of the regulatory framework of the relevant direction of State’s activities with applying induction. The view expressed that the legislative framework should be included only laws of Ukraine and international agreements ratified by the Verkhovna Rada of Ukraine, the consent of which is binding on the Verkhovna Rada of Ukraine. Results and conclusions. It is emphasized on the need to delimit the terms “regulatory framework”, “legislative framework”, “law framework”. The ratio of the latter two concepts can be determined by analogy between the concepts of “system of legislation” and “system of law”. The author draws attention to the fact that the principle of the definition of the range of relations covered by the regulatory framework for state governance and management of economic activity is the understanding of the subject of such activity – the state, which is endowed with both powers of authority and economic legal personality. At first case, it is state governance, at second – state management. Therefore, the relevant regulatory framework unites sources that determine the rules of conduct for the state – the subject of power and the state – a subject with economic legal personality. It was also emphasized that the quality of the regulatory framework of state governance and management of economic activity in Ukraine depends on the proper implementation of the state regulatory policy in the field of economic activity, primarily the principles of the relevant policy. They defined by the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity”: expediency, adequacy, efficiency, balance, predictability and take into account of public opinion. The latter may serve as criteria for regulatory acts in the field of economic activity, the discrepancy with them is indicates the poor quality of such legal act and the inexpediency of acceptance. At the same time, the quality of regulatory acts indicates the level of state regulatory policy as a whole, and their application effectiveness of state governance of economic activities. The author made a conclusion that in order to eradicate the practice of adopting regulatory acts on the same issues, relevant legislation should be primarily incorporated with subsequent codification. Those regulatory acts that management economic, in particular, organizational and economic relations, shall be codified within the Economic Code of Ukraine, those acts that govern administrative relations – in a special law and future Code of Administrative Procedures.
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Bakulina, Polina V., and Ksenia A. Kuzmina. "China’s Policy of Economic Sanctions: Legislation and Enforcement." Financial Journal 13, no. 4 (2021): 24–38. http://dx.doi.org/10.31107/2075-1990-2021-4-24-38.
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This article aims at analyzing the People’s Republic of China’s sanctions policy. The authors put special emphasis on the review of the current Chinese legislation on countering foreign unilateral measures targeting China. The emergence of a legal anti-sanctions framework in China is a development of 2020–2021, driven by the growing number of sanctions against China imposed by the U.S. and its allies against the background of trade war and global strategic competition. At the official level, Beijing remains vocal in condemning unilateral and extraterritorial sanctions by certain countries as violations of international law. Despite that, even before the current large-scale confrontation with the U.S, Chinese policymakers have used restrictive measures against third countries, though they have been traditionally adopted in an informal and opaque manner. Those measures have mostly been used as retaliation for certain acts of other states viewed by China as threats to its sovereignty and territorial integrity, and they have been specifically refined to maximize the impact on the target country while minimizing the damage to the domestic economy. The growing number of anti-China sanctions by the U.S. and its allies based on special legal instruments prompted the PRC to follow suit and create its own framework for introducing countermeasures and blocking mechanisms, although their implementation procedures still largely remain intransparent. China’s first steps were to officially introduce individual restrictions, but the persisting confrontational trends in PRC’s relations with the West might bring about formal or informal broadening of Chinese restrictions to transnational corporations and sectors of economy and promote further formalization of sanctions regimes.
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Baglieva, Z. M. "CONSTITUTIONAL STRUCTURE OF THE PRINCIPLES GOVERNING ECONOMIC ACTIVITY IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES." Law Нerald of Dagestan State Universit 34, no. 2 (2020): 60–65. http://dx.doi.org/10.21779/2224-0241-2020-34-2-60-65.
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The article presents a comparative legal analysis of the Constitution of the Russian Federation and the constitutional legislation of foreign countries for the content of the basic principles of regulating economic activity. The article examines the impact of international law on the formation of economic principles enshrined in the basic laws of States, and also discusses the process of globalization in this area, due to the basic rules and principles reflected in the provisions of international legal acts implemented in domestic law and expressed in the unification of constitutional and legal norms that allow for the most effective legal regulation of the economy in practice. The author concludes that the Constitution of the Russian Federation contains basic principles necessary for constitutional and legal regulation of economic relations, their development and improvement in the context of globalization.
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YUROVSKA, Viktoriia, and Alina PYVOVAR. "Comparison of the labor code and the draft law "On labor": employment contract." Economics. Finances. Law 12, no. - (December 27, 2022): 9–13. http://dx.doi.org/10.37634/efp.2022.12.2.
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The paper is devoted to the coverage of current changes and de-Sovietization of legislation in the field of labor, namely: a comparison of the legislative regulation of the employment contract in accordance with the Labor Code and the draft law "On Labor" published on the website of the Ministry of Economy. The author analyzed the provisions of the legislative regulation of legal relations arising between the employee and the employer: content, forms, conditions, grounds for termination and suspension of employment contracts, and comparison of existing and proposed rules. It is emphasized that the intensive development of labor relations and European integration "require" a clear, flexible, and understandable legislative regulation of labor relations, in particular in terms of proper social protection of workers, ensuring wages and labor rights of the latter at a decent, European level, in accordance with the conventions of the International Labor Organization, and the importance of labor unions. The works of legal scholars in the field of labor law, who spoke on this topic, were used and analyzed. The experience of other European countries, their path as a candidate country, legislative regulation of the labor sphere and foreign research on the labor market, as well as statistics of domestic institutions for the period 2021-2022, were used. Attention is drawn to the importance of social dialogue between employers, employees and trade unions. The conclusion is made about the need to finalize the draft law, which should meet the latest needs of modernity, the vector of the post-war development of Ukraine, its socio-economic doctrine, legislative acts of Ukraine, Conventions of the International Labor Organization and Directives of the European Commission, and the need for a new Labor Code, not the Law of Ukraine "On Labor".
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Kulynych, Р. F. "Agrarian legislation of Ukraine during period of martial law: trends and prospects for development." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 105–12. http://dx.doi.org/10.33663/2524-017x-2022-13-16.
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The article examines the main directions of development of agricultural legislation of Ukraine at the beginning of martial law and ways to improve it. It is noted that during the martial law the main directions of agricultural policy and development of agricultural legislation of Ukraine were providing loans to agricultural producers under state guarantees, establishing logistics routes for the sale of agricultural products and maximum simplification of documentation related to food exports and imports of critical imports of commodities for farms rural areas. It is proved that under the martial law the state played an active role in overcoming the crisis in the agricultural sector, taking emergency measures to support agricultural producers and deregulate the legal regulation of agricultural relations through bylaws, which provided a rapid positive effect. In general, the Government has abolished the requirements for obtaining licenses and permits for most of these activities: instead of 600, 50 remain in force. It is very important that the state has not started «dismantling» market legal regulations and replacing them with administrative influence on participants in agrarian relations.At the same time, Ukraine is taking measures at the legislative level to deregulate agrarian relations, which are designed for both the martial law and the postwar period. Thus, on May 12, 2022, the Verkhovna Rada adopted the Law of Ukraine «On Amendments to Certain Laws of Ukraine on Uninterrupted Production and Supply of Agricultural Products during Martial Law», which enshrines those measures of deregulation of economic activity of agricultural producers that proved to be effective. Obviously, national legislation will soon be «supplemented» by other legislative acts of the same direction. The conclusion is substantiated that the development of agrarian legislation of Ukraine in martial law necessitated the development of a new agricultural policy and the formation of its legal framework, in particular: legal incentives for the creation and operation of micro and small agricultural producers, especially farms, which in extreme conditions proved more sustainable, able to adapt to new conditions; legislative support for the reorientation of production and export of raw agricultural products to the supply of finished food products with high added value; development of legal support for land irrigation on the basis of modernization of reclamation systems; initiating the conclusion of an international agreement on guarantees of food security in the world, which would give Ukraine and other food- exporting countries the legal status of guarantors of food security in the world. Key words: agrarian policy, agrarian legislation, deregulation, food security.
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Stammler-Gossmann, Anna. "Who is Indigenous? Construction of 'Indigenousness' in Russian Legislation." International Community Law Review 11, no. 1 (2009): 69–102. http://dx.doi.org/10.1163/187197309x401415.
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AbstractThe aim of this article is to identify the unique Russian conceptualisation of indigenousness and its origin in relation to state formation. First, I focus on the variety of the internationally used legal vocabulary in the Russian context. To be familiar with the understanding of 'indigenousness' in Russia also means to be familiar with its history: every modern legal, political or social interpretation of the notion of 'indigenous' in Russia refers to it. I explore the question 'What does it mean to define a people as "indigenous" inhabitants of the land' from historical, economic, social, and cultural perspectives, which preconditioned and have fostered the contradictory nature of the 'indigenousness' discourse in contemporary Russia. In doing so, I focus on the state approach in the Russian empire and the Soviet Union, determining an indigenous population as a special legal category. I then analyse how different kinds of indigenousness were produced and why some communities became 'indigenous', while others did not. Tracing the on-going construction of indigenousness and associated discourses in Russia, I introduce the legal definition of indigenous people, analysing two main criteria which differ in Russia from international understanding: the criterion of ethnicity and the criterion of population numbers. In order to understand why of the 26 recognised indigenous peoples in the USSR became 45 in the Russian Federation, I analyse the contested meaning of indigenousness taking into account geographical, demographic, cultural aspects and political circumstances. I argue that in the current situation there are strong reasons in Russian legislation that render the adoption of international legislation impossible, as we see on the example of the ILO convention 169 or the draft UN Declaration on indigenous rights.
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Pozniak, E. "THE PRINCIPLE OF ECOLOGICAL CULTURE FORMATION IN UKRAINE: PROBLEMS OF THEORETICAL AND LEGAL CONTENT AND PROSPECTS OF DEVELOPMENT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 92–99. http://dx.doi.org/10.17721/1728-2195/2021/3.118-17.
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The article examines the theoretical and legal, legislative and other approaches to understanding the essence and content of the principle of formation of ecological culture in environmental law and legislation of Ukraine. At present, the principle of formation of ecological culture is only partially reflected in the norms of the Constitution of Ukraine and current legislation, in particular the Law of Ukraine "On Environmental Protection". The implementation of this principle in legislative, practical and law enforcement activities will help increase the level of environmental and legal awareness and culture, ecologization of national law and legislation. The level of ecological and ecological-legal culture in society determines the effectiveness of operation of ecological management and control system, the guarantee of the ecological safety of economic and other activities, the achievement of ecological law and order, the restoration of ecological balance, the development of science and ecological knowledge. The strengthening of the principle of ecological culture formation will be promoted by performance of the strategic tasks put in provisions of sources of the state ecological policy, primarily, the Basic principles (strategy) of the state ecological policy for the period till 2030. Proposals have been made to improve the current legislation in order to take into account the principle of forming an environmental culture, guaranteeing the sustainable development of our country from the standpoint of current challenges and processes of globalization. The opinion on the expediency of constitutional contemplation of the principle of formation of ecological culture as a basis for building a democratic, social, legal and ecological state had been expressed. This principle is offered to supplement the main sources of natural resources, environmental law and environmental safety law. The introduction of the principle of formation of ecological culture in the national legislation should assume a nature of a systemic character, which will help to provide the coherence of environmental law and other branches in the regulation of environmental relations. This will increase the level of ecological and legal culture of society and citizens and strengthen the course of our state towards international and European integration. Keywords: ecological culture, ecological-legal culture, ecological law, ecological legislation, environment, principles of ecological law, principles of law, state ecological policy
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Ustymenko, V. A., R. A. Dzhabrailov, V. K. Malolitneva, and T. S. Hudima. "CONCEPTUAL ASPECTS OF THE FORMATION OF THE LEGAL MODEL OF SUSTAINABLE DEVELOPMENT OF UKRAINE." Economics and Law, no. 4 (December 6, 2021): 3–17. http://dx.doi.org/10.15407/econlaw.2021.04.003.
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It has been found that the methodological principles of building a legal model of sustainable development of Ukraine remain imperfect. In this regard, it is argued that the basis of the legal model, first of all, shall be assigned general and sectoral legal principles that will create the theoretical base of normative activity. In particular, it has to be that the Rule of Law principle has a particularly specific content and acquires signs of a particular legal instrument in the process of law-making and law enforcement. Accordingly, the use of the Rule of Law principle in the process of assessing the efficiency of legal norms is proposed, which will talk about promoting the legal act of the ideology of justice. It is necessary to unacceptable laying into the legal model of sustainable development of the false concept of legal regulation of economic relations, which provides for the exclusion from the legal system of the state of certain branches of legislation, in particular economic legislation. It is substantiated that the Economic Code of Ukraine is the basis for achieving the goals of sustainable development on the economic component and synergistic associated with other acts of Ukrainian legislation in the environmental and social spheres. In this regard, it is argued that the effectiveness of the legal model of sustainable development will be significantly higher, subject to preservation in the legal system of the Economic Code of Ukraine, which will additionally testify to compliance with the Rule of Law principle. It is emphasized that in the light of the adaptation of Ukrainian legislation, including economic, to the EU Law and the signing of the Association Agreement between Ukraine and the EU, the influence of international legal norms on the state and directions of development of individual institutions of Economic law, which contributes to the universalization of the legal model of the steady the state's development.
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Zielke, Rainer. "Anti-avoidance Legislation of Mayor German Language Countries with Reference to the 2014 Corporate Income Tax Burden of the Thirty-Four OECD Member Countries: Germany, Switzerland and Austria Compared." Intertax 42, Issue 8/9 (August 1, 2014): 558–76. http://dx.doi.org/10.54648/taxi2014051.
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The mayor German language countries, Germany, Switzerland, and Austria exhibit continuously economic growth and stability. Germany is the engine of the European Community and it might be interested to organize a group of affiliated companies in a way where all speak German. In this article anti-avoidance legislation will be reviewed with reference to the tax differential to the thirty-four Organisation for Economic Cooperation and Development (OECD) Member Countries. The pivotal question is, therefore, to what extent can internal tax planning with German language countries be optimized by inclusion of anti-avoidance legislation. This article outlines the primary corporate objective and key concepts of international tax planning with regard to anti-avoidance legislation and discusses the corporate income tax burden in the thirty-four OECD Member Countries analysing the tax differential as incentive in relation to transfer pricing, the reduction in ETR as the primary corporate objective and key concepts and the he importance of current and reliable information. After that anti-avoidance legislation in these mayor German language countries is presented and strategies of international tax planning with relation to these countries are developed. Afterwards this is evaluated from the OECD's perspective of Base Erosion and Profit Shifting (BEPS). Finally the concluding remarks are presented.
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Burtsev, Andrey Sergeyevich, and Vyacheslav Sergeyevich Semenyakin. "THE DEVELOPMENT OF MODERN RUSSIAN CRIMINAL ANTI-CORRUPTION LEGISLATION." Current Issues of the State and Law, no. 8 (2018): 21–29. http://dx.doi.org/10.20310/2587-9340-2018-2-8-21-29.
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We consider development of modern criminal legislation features in the anti-corruption sphere. The urgency of the fight against corruption in the Russian Federation and the difficulties standing in its way are emphasized. Noted the specificity of the Russian legislation in the anti-corruption sphere, which consists in the fact that the modern Russian criminal law mechanism of combating corruption is firmly based on international legal acts. The main stages of development and formation of modern anti-corruption legislation, its connection with international law are considered. The role of legal norms in strengthening the security of the state, increasing its authority in the world is revealed. A large number of sources of corruption law are analyzed, including the Criminal Code of the Russian Federation, Federal laws, the Decision of the Supreme Court of the Russian Federation, Decrees of the President of the Russian Federation. Changes made to the legislation in different years concerned the subject structure, the minimum size of a bribe, nature of commission of crime, etc. In the course of the analysis of anti-corruption norms of criminal law traced their relationship with the non-criminal legislation in force in this area, noted their mutual influence. It is concluded that the current anti-corruption criminal legislation has been formed in the Russian Federation, but the process of its development due to the ongoing socio-economic transformations of society is not completed. The necessity of an effective legal mechanism regulating public relations arising in the case of a corruption-related crime is noted.
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Meshcheryagina, Veronika, Maria Vilacheva, Alexander Kurdyumov, Madina Kyarova, and Svetlana Temmoeva. "The mechanism of legal regulation of innovative technologies in the agro-industrial complex of the Eurasian Economic Union: realities and prospects." E3S Web of Conferences 262 (2021): 03015. http://dx.doi.org/10.1051/e3sconf/202126203015.
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The article contains a research of the elements of the legal mechanism for regulating public relations in the field of digitalization of the agro-industrial complex of the EAEU, highlights the legal means of integrating the norms of international and domestic law (using the example of the Russian Federation) in the mechanism of regulation of the agro-industrial complex of the EAEU. It is concluded that in the process of implementing the EAEU norms into the domestic legislation of Russia, there is a combination of two independent legal systems, respectively. The elements of the mechanism for the implementation of EAEU norms include transformation (inclusion of international norms in national legislation in amended form) and incorporation (exact textual reproduction of international norms in national legislation), which must be taken into account when regulating the digitalization of the agro-industrial complex. After analyzing the current regulatory framework for regulating innovative technologies in the agro-industrial complex of the EAEU, the authors have to admit its compressed volume and low elaboration from the standpoint of legal technology, as well as propose priority areas for legal regulation of innovative technologies in the agro-industrial complex of the EAEU.
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Harvey, Darren. "Federal Proportionality Review in EU Law: Whose Rights are they Anyway?" Nordic Journal of International Law 89, no. 3-4 (November 12, 2020): 303–26. http://dx.doi.org/10.1163/15718107-89030003.
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Abstract The principle of proportionality has always operated as a means of protecting individuals from excessive uses of public power. When situated alongside the principles of conferral and subsidiarity, proportionality also possesses a federal dimension. In this guise, the principle limits the intensity of EU intervention in order to protect national regulatory autonomy. This federal element of proportionality has featured in recent Court of Justice of the European Union (cjeu) cases. For example, Member States have challenged European Union (EU) legislation for imposing disproportionate social and economic costs in their particular States. This article considers whether individuals can similarly challenge EU legislation for disproportionately interfering with the regulatory autonomy of the Member States? Having considered this question from the perspective of US federalism, it is argued that individuals are actually articulating “Member States’ rights” in such cases. In so doing, attention is drawn to the question of whose rights and interests are really being articulated and balanced in these disputes.
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Shcherbakova, N. V. "THE MODERN STATE OF SCIENTIFIC THOUGHT ISIN RELATION TO SUBJECTS OF CORPORATIVE LAW." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 38–41. http://dx.doi.org/10.15421/391990.
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The article is devoted research of question of the modern state of scientific thought in relation to studies about subjects of corporative law. There is actuality of theoretical and practical value of select problems, taking into account prevalence of different legal forms of legal entities in an economic turn. The analysis of becoming and development of studies is conducted about subjects of corporative law. Specified, that transition of Ukraine from administratively command system to the market relations caused the appearance of new legal forms conducts of economic activity, which got partial embodiment in a national legislation which must was have time after stormy development of economic relations and design the most adequate forms of realization of business. It is rotined that the multidimensionalness of legal description of subjects of corporative law predetermines appearance of different scientific looks and approaches. It is set that the modern state of studies about subjects of corporative law is characterized the presence of civil legal and economic legal approaches among which an author is select narrow and wide interpretation of circle of subjects of corporative law. It is found out, that such selection predefined by certain factors, in particular, by establishment of a particular branch belonging of corporative legal relationships, its’ legal nature and content, and also it is well-proven that list of participants, subjects of corporative legal relationships related to the selection of interests of the proper circle of persons, their defence. Generalization is done, that the perspective is see subsequent research of problems of subjects of corporative legal relationships both in part of decision of general circle of these subjects and features of legal status of commercial companies, legal entities of corporative type created in different legal forms, taking into account importance of such developments, by conditioned euro-integration steps between Ukraine and EU in the sphere of legislation about companies and corporative management, and by adduction the legal adjusting over of activity of corporations to the requirements of international standards and gradual rapprochement with the rules of EU.
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Ramankulov, К. S. "Precarious Employment Trend: Features of its Development in Labor Legislation and the Problems of Other Norms of Industry Affiliation Influence on the World of Work, Taking into Account International Labor Standards." Actual Problems of Russian Law, no. 9 (October 5, 2019): 153–65. http://dx.doi.org/10.17803/1994-1471.2019.106.9.153-165.
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The paper notes that the conceptualization of the basic concepts related to precarious employment and the adoption of norms and legal acts adequate to these relations in the system of labor legislation of the states of the Eurasian Economic Union (EAEU) are at the preparatory stages. In the paper, the features of the manifestation of precarious employment in the labor legislation of the EAEU countries are analyzed by the example of norms on a fixed-term labor contract taking into account international labor standards. The labor legislation of the EAEU countries shows a tendency to expand the scope of fixed-term employment contracts, including towards lowering the level of legal guarantees for workers (Article 41 of the Labor Code of Belarus, Article 30 of the Labor Code of Kazakhstan, Article 82 of the Labor Code of Kyrgyzstan, Article 348.12 of the Labor Code of Russia), which contradicts the rules of ILO Recommendation No. 166 on the termination of labor relations on the initiative of the employer (Article 3) and the fundamental Convention No. 105 on the abolition of forced labor (Article 1), ratified by all states of the Eurasian Economic Union. In the paper, in the context of the development of precarious employment, the problems of the influence of norms of a different sectoral affiliation on the world of work are analyzed (by the example of Kyrgyzstan). It is noted, in particular, that the practice of applying the patent system to regulate the world of work does not contribute to resolving the issues of legalization of labor relations, and the tax authorities are not motivated to prove the existence of labor rather than civil law relations, even when they meet the criteria set forth in the ILO Recommendation No. 198 on labor relations and in Art. 13 of the Labor Code of Kyrgyzstan. The conclusion is formulated in relation to the restrictions of the labor inspectorates established by the Law of the Kyrgyz Republic dated May 25, 2007 No. 72 and by the Decree of the Government of the Kyrgyz Republic dated December 17, 2018 No. 586 as contrary to the ILO priority Convention No. 81 on labor inspection in industry and trade (Part 1 of Article 12) ratified by Kyrgyzstan. Serious inconsistencies of measures to deregulate administrative responsibility to the tasks of the labor legislation of Kyrgyzstan to counteract precarious employment are identified.
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IDREES, Rao Qasim, Zaheer Iqbal CHEEMA, and Jawad RIAZ. "Role of Harmonization and Unification in Perspective of China–Pakistan Economic Corridor Physical Infrastructure and Applicable Laws." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 45. http://dx.doi.org/10.14505//jarle.v11.1(47).06.
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This research paper centers on logistics investment policies both in legal and social manners for current and future China Pakistan trade with reference to CPEC. With further improvement, many other regional economic players in prospective time may join the CPEC projects, where Afghanistan, Central Asian and SAARC states are prominent to enter for the said purpose. There are different practices around the world to achieve socio economic progress. Hence a unified and harmonized system of applicable rules and regulation is required forthwith in order to get benefits from CPEC. This research paper primarily deals with the history of China Pakistan relations in the context of CPEC and Belt and Road Initiative and their benefits to Pakistan. Furthermore, the role of harmonization and unification among legal rules and physical infrastructure is discussed to find benefits and better solutions. This study applies legal research process where historical method is conducted to observe the history of Belt and Road Initiative (BRI) which further includes China Pakistan trade relations and their situation regarding logistics investment in CPEC. Furthermore, comparative legal research is applied to find out the differences among Pakistan legal system and international laws to make foreign investment more beneficial. This research concludes that domestic legislation in Pakistan in the areas of logistics and transportation is very limited in scope. Furthermore, such legislation does not cover the broad area of international trade. In current situation it is pertinent for Pakistan to introduce and revise such legislations and codes and not doing so China may again ask Pakistan to enact law as per his own benefits which he did while Pakistan amend Competition and special economic zone laws. Furthermore, CPEC in future will invite many other trade partners for their investment contribution in the region. This necessitates Pakistan to build strong physical infrastructure and negotiate further trade agreements and relevant legislation with other partners in the region and not only rely upon bilateral agreements with China.
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Kharchuk, Oleksandr. "Economic component of the sustainable development concept." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 378–82. http://dx.doi.org/10.36695/2219-5521.3.2020.23.
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The article deals with the problem of the realization of the right to development in international economic law in the context ofthe development of international cooperation. The normative component of the right to development is considered. The relationshipbetween the right to development and the system of principles of international economic law is analyzed.The normative fixing of the elements of the right to development in international legal instruments is defined. The application ofthe right to development in the practice of international organizations is shown. The article also discusses the challenges of today’s sustainabledevelopment.Sustainable development is based on three main elements: environmental, economic and social equality. The right to developmentcan’t be imagined without the institutional mechanisms of international economic law. It is clear that the activities of institutional institutions at the global, regional and subregional levels contribute to the development of partnerships at the interstate level in order toachieve development. Cooperation of states at the institutional level influences the formation of the modern international economicorder. Implementing sustainable development at the national level is a difficult task due to the vagueness of national legislation, lackof funding and lack of adequate institutional capacity. An important element in exercising the right to development is the developmentof effective mechanisms for international cooperation. Transformations in this direction require coordination, mutual responsibility andaccountability, interest and efficiency. It is clear that the activities of international institutions at the global, regional and subregionallevels promote the development of partner relations at the interstate level in order to achieve development. Cooperation of states at theinstitutional level affects the formation of modern international economic order, accelerates the formation of important conceptual provisionsof a legal, economic and political nature and promotes global development. Transformation in this direction requires coordinationof action, mutual accountability and reporting, interest and effectiveness. The enhancement of transparency and accountability inthe use of development provides assistance in creation of effective and mutually beneficial partnerships in this area.
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Kharchuk, Oleksandr. "Economic component of the sustainable development concept." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 378–82. http://dx.doi.org/10.36695/2219-5521.3.2020.70.
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The article deals with the problem of the realization of the right to development in international economic law in the context ofthe development of international cooperation. The normative component of the right to development is considered. The relationshipbetween the right to development and the system of principles of international economic law is analyzed.The normative fixing of the elements of the right to development in international legal instruments is defined. The application ofthe right to development in the practice of international organizations is shown. The article also discusses the challenges of today’s sustainabledevelopment.Sustainable development is based on three main elements: environmental, economic and social equality. The right to developmentcan’t be imagined without the institutional mechanisms of international economic law. It is clear that the activities of institutional institutions at the global, regional and subregional levels contribute to the development of partnerships at the interstate level in order toachieve development. Cooperation of states at the institutional level influences the formation of the modern international economicorder. Implementing sustainable development at the national level is a difficult task due to the vagueness of national legislation, lackof funding and lack of adequate institutional capacity. An important element in exercising the right to development is the developmentof effective mechanisms for international cooperation. Transformations in this direction require coordination, mutual responsibility andaccountability, interest and efficiency. It is clear that the activities of international institutions at the global, regional and subregionallevels promote the development of partner relations at the interstate level in order to achieve development. Cooperation of states at theinstitutional level affects the formation of modern international economic order, accelerates the formation of important conceptual provisionsof a legal, economic and political nature and promotes global development. Transformation in this direction requires coordinationof action, mutual accountability and reporting, interest and effectiveness. The enhancement of transparency and accountability inthe use of development provides assistance in creation of effective and mutually beneficial partnerships in this area.
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Lapshin, Valeriy F., and Nadezhda V. Kuznetsova. "On Prospects of the Development of Criminal Laws of the Eurasian Economic Union Member States Ensuring Protection of National Interests in International Trade." Business security 1 (February 11, 2021): 21–25. http://dx.doi.org/10.18572/2072-3644-2021-1-21-25.
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Тhe subject of this research is the international normative acts concluded in connection with the creation of interstate unions and associations in the post-Soviet space. Attention is drawn to the active development of regulatory legislation on the specifics of economic relations between representatives of the union states, in the complete absence of any processes of unification of national criminal law in the field of foreign economic activity. The emerging situation can significantly complicate the implementation of international foreign economic cooperation, despite the membership of states in the Eurasian Economic Union (hereinafter — the EAEU). In this regard, it is concluded that it is necessary to develop a unified EAEU normative act that defines the specifics of establishing and implementing responsibility for committing foreign economic crimes, as well as the appropriate unification of the national criminal laws of the EAEU member states.
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Goriacheva, Anastasia I. "Modification or termination of contracts due to international economic sanctions from the standpoint of Russian legislation and court practice." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 877–95. http://dx.doi.org/10.21638/spbu14.2022.403.
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In this article the author covers the problem of possible modification or termination of contracts due to international economic sanctions, in particular the US and EU sanctions against Russia. The author analyses relevant legislative acts, approaches of governmental authorities and court practice on this matter. This extensive analysis includes overview of development of main legal doctrines and institutions, related to the subject matter of this article. Moreover, it covers definitions of the relevant terms. This article is mainly aimed at defining a list of criteria to rely on when determining the possibility to modify or terminate a contract due to international economic sanctions in each particular case. The author raises the hypothesis that possibility to modify or terminate a contract due to international economic sanctions is subject to a closed list of criteria. The subject matter of this article is important since sanctions are now one of the main instruments of political influence in interstate relations and have a significant impact on all types of contractual relationships. Today, a major and common challenge faced by market participants is the inability to enforce contracts the way they were originally entered into. Due to the fact that in Russia it is rare for contracts to be amended or terminated due to newly imposed sanctions, parties do not always find themselves in a position to enforce a contract in a timely manner or to perform at all. As a result, the stability of the business environment is disrupted and the level of trust is reduced. Thus, it is highly important to perform a thorough analysis of this matter and provide possible solutions for market participants.
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Stenhammar, Fredrik. "United Nations Targeted Sanctions, the International Rule of Law and the European Court of Justice's Judgment in Kadi and al-Barakaat." Nordic Journal of International Law 79, no. 1 (2010): 113–40. http://dx.doi.org/10.1163/157181009x12581245929686.
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AbstractThis article analyzes the judgment of the European Court of Justice in the Kadi and al-Barakaat case from the perspective of international law and the rule of law among nations. The conclusions drawn are with regard to international law and thus not necessarily decisive for the application of domestic law and Community law to the issue of targeted United Nations (UN) sanctions. It is argued that targeted UN sanctions in the form of blacklisting and freezing of financial assets are lawful under applicable international law as a species of economic warfare. Even if, contrary to expectation, they were unlawful when first introduced, consent and active participation on part of the European states mean that they are in all likelihood precluded from protesting against them now. The European Community Court's judgment cannot affect the validity under international law of targeted UN sanctions. If it turns out that the UN sanctions can no longer be accommodated within Community law, which is an implication but by no means an immediate result of the judgment, it will be for each state to apply its national legislation and continue to implement the sanctions, disregarding Community law if necessary. This would be a serious test of the European states' professed devotion to international law.
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Rovinskaya, T. "Information Security of Russia: Political and Cultural Aspects." World Economy and International Relations, no. 11 (2011): 49–62. http://dx.doi.org/10.20542/0131-2227-2011-11-49-62.
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The article is devoted to the information security of Russia. It includes two main aspects: conceptual (political concepts, legislation, cultural specifics of the country) and practical (real law enforcements mechanisms, economic and technological opportunities). New Russia's information policy development specifics, threats to information security and the countermeasures, forms of Russia's international cooperation in the field are thoroughly examined in the paper.