Abstract: The constant development of digital technologies and artificial intelligence and their introduction into education is mandatory for most leading universities in Russia and abroad, since technologies based on artificial intelligence (for example, neural networks, machine learning, etc.) give a new impetus to the development of universities and educational institutions. At the same time, both in Russia and abroad, the risks are recognized (the use of a large amount of educational content and materials has created a high demand for compliance with intellectual property rights), and the benefits (personalization of learning, improving the effectiveness of the education system) from the introduction of AI in education. At the same time, there is an urgent need for scientific understanding and analysis of legal approaches to regulating the work of neural networks and generative artificial intelligence in the context of scientific texts created by them/with its help from the perspective of the possibilities of solving the problem of trust in such results and the use of AI in education, while simultaneously assessing the pros and cons of AI support provided to people and participants in educational relations in particular taking into account the provisions of current copyright law and approaches to recognizing the authorship of AI in foreign legal systems. Such a study is conducted by the author from the standpoint of methodology, assuming a subjective and objective definition of the world, and methods of dialectics. Scientific novelty is determined by the very purpose of the research. Among other things, the identified prospects for the use of AI in education are linked by the author in writing with the help of artificial intelligence and subsequent evaluation of students' work; it is revealed that a discussion in society about the moral, ethical and pragmatically useful components of neural networks is required; a thorough analysis of the existing legal regulation of neural networks abroad and internationally to create adequate domestic regulation when developing approaches to the legislation of the Russian Federation and taking into account the need to respect the economic and technological sovereignty of the country and consolidate the moral and ethical guidelines of scientific works; development of algorithms for the operation of the Anti-Plagiarism system, which will allow separating the personal contribution of the author of a scientific text from a machine (algorithm, AI).

Abstract: The subject of the research in this article is the legal regulation of entrepreneurial activity in the form of capital investment in new territories of the Russian Federation – Donetsk and Lugansk People's Republics, Zaporozhye and Kherson regions in the context of a number of practical problems and solutions. The legal analysis of the Draft Law on the creation of a free economic zone (FEZ) in the new regions of Russia and the search for an answer to the question of who, under the sanctions of Western states and their unions, will act as investors in these territories, taking advantage of the serious benefits given. The research is conducted with such methods of scientific cognition as: general scientific dialectics, historical, of comparative legal analysis. The author proceeds from the subjective-objective determination of processes and phenomena. It is concluded that Russia, in the context of creating FEZ in new territories, needs to rely primarily on its own resources (on internal loans, people's enterprises, etc. based on the experience of the USSR and foreign states). On the other hand, it is necessary to develop BRICS and internal cooperation within BRICS in order to rid these countries of fear to invest in the Russian Federation, relying on the justification by diplomatic and military forces of the Russian understanding of the international legal aspect of the implementation of the right of peoples to self-determination and the principle of territorial integrity of the state. At the same time, it is concluded that excessive concentration of Russian assets in the hands of foreign investors should be avoided in the future.

Abstract: The subject of research in this article is the search for answers to the following questions: if there is a need to fix the percentage of originality of scientific papers; can "new knowledge" be "born" when writing a dissertation that on 100% represents "quoting" of the works of other authors, is it legitimate, as recommended by the representative of "Anti-Plagiarism", to combine the indicators of the originality of the text and self-citation to fix the share of the author's text – as well as the establishment of the line between conscientious and non-conscientious self-citation, scientific analysis of the concepts of "originality", "independent scientific work", etc. To answer these questions, an analysis of relevant Russian and foreign legal and local regulations and doctrines is carried out. Special attention is paid to the practice of using similar to the "Anti-Plagiarism" systems abroad. During the study the author proceeds from the subjective-objective determination of processes and phenomena, using general scientific dialectical, historical, comparative legal, etc. methods of scientific cognition. As a result of the study it is concluded that the issue of plagiarism, on the one hand, becomes much broader and more complex than direct verbatim borrowings from scientific works of other authors, captured by the "Anti-Plagiarism" system used for some time in our country, and, on the other hand, requires a rethinking of the approaches prevailing in theory (doctrine) and practice to identify the "originality" by way of "Anti-plagiarism" system used in Russia and puts the question of ways to identify originality and requirements and methods, mechanisms and forms of its expression. There is a need thus for broad discussion, rethinking and finding consensus in society regarding: 1) the prevailing approaches in theory (doctrine) and practice to identify the "originality" by way of "Anti-Plagiarism" system used in Russia and the question of ways to identify originality, requirements for it and methods, mechanisms and forms of its expression, 2) intellectual property objects, in particular, copyright objects that must be subject to the openness regime based on ceasure of protection by copyright.

Abstract: The subject of this research is the qualification of knowledge as scientific information and criteria for its objectness for falling under legal regulation, as well as certain aspects of grants for science in BRICS countries (case study in the military sphere) as one of the methods of financing scientific research. The relevance of this research lies in delimitation of scientific information from information that is not classified as such, which on the one hand would allow to more extensively implement the UNGA Declaration on the Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind (1975), while on the other hand, provide representation on the approaches towards grants for military scientific research as one of the methods of financing scientific research in BRICS countries. The scientific novelty of the research is determined by the goal of research and the acquired results. It is established that first and foremost, the countries try delineate the public access to information that is at the disposal of the state in order to meet their utilitarian interests. At the same time, the article indicates unequal access to information and various approaches towards the definition and legal consolidation of the concept of “information”, which allows reflecting on interpretation of the concept of “scientific information”,  as well as on the absence of legitimate definitions of the latter and its delimitation from other information in different countries having certain characteristic features. It is also demonstrated that BRICS countries have different sources of grant funding for scientific research (including military research), as well as national peculiarities that limit these sources for research aimed at ensuring national security.

Abstract: The subject of this research is the development of artificial intelligence in Brazil based on the recently adopted act “National Strategy for the Development of Artificial Intelligence” of April 2021 with an emphasis on the military sphere through the prism of legislative provisions on intellectual property, potential and needs of the country, as well as real joint projects with its foreign partner Israel in the sphere of procurement and engineering of unmanned aerial vehicles (Harpia, Elbit Hermes 900 and 450, IAI Heron). The relevance of this article is substantiated by timely consideration of the legal perspective of the approaches of Brazil towards the implementation of artificial intelligence, as multiple foreign states aim to implement the adopted strategies in this sphere. The scientific novelty consists in the following positions: artificial intelligence can be implemented in production, public safety and public authority, through ensuring the due level of the development of such crucial components as education and human resources, scientific and technology infrastructure, and business foundation, legal regulation and management, as well as taking into account international experience. At the same time, the technologies underlying artificial intelligence and machine learning – computational models, algorithms of classification, clusterization, educational, and others are not subject to patenting in Brazil (same as in the European Union), although are regarded as inventions for solution of technical issues – as the engineering applications of artificial intelligence.

Abstract: The subject of this research is the trends and prospects for the development and implementation of artificial intelligence in the military sphere of one of the BRICS member-states – South Africa in the context of national acts (for example, the Law of 2008 “On the Right of Intellectual Property for State-Funded Research and Development”), the potential and needs of this country, as well as achievements in design and manufacturing of unmanned aerial vehicles by the competitor companies (Seeker 400, MA 380, etc.). The relevance of this topic is substantiated by timely consideration of the legal perspective of the approaches of South Africa towards the implementation of artificial intelligence. The scientific novelty of this article is defined by the focus of research and the acquired results. It is determined that South Africa takes the path of institutional, legal and practical consolidation of the development of artificial intelligence in form of creation of designated infrastructure (on the premises of the universities, for example, Intelligent Systems Group at the University of Pretoria), as startups, scientific network structures (Center for Artificial Intelligence Research), etc. It is demonstrated that South Africa is the manufacturer and seller of the line of unmanned aerial vehicles that are controlled by the artificial intelligence and capable of performing various civil or military tasks –  from moving cargo (including laser-guided bombs) to monitoring the territory (search and rescue or reconnaissance operations, damage assessment from natural disasters or combat operations, control conduct of fire at enemy positions, etc.).

Abstract: The subject of this research is the contractual (business) networks and their impact upon consumer well-being from the perspective of current legal regulation and prospects. As an example, the author chose an Italian model il contratto di rete. Attention is focused on such questions associated with the activity of contractual networks as the advantages for the companies that are part of the network with or without legal capacity; consumers; the so-called “beneficiary members”, who are not the parties to the network creation agreement, but may have benefits or costs from interaction of its members. The novelty of this research consists in determination of the advantages and disadvantages of the activity if contractual networks. It is also noted that the current trend towards creating business networks on a contractual basis (legal entity or contract) is carried out in terms of complementarity and economic autonomy for the purpose of obtaining competitive advantages by increasing productivity, innovation potential, profitability, etc., and raises issues on the liability with regards to binding results of network cooperation through creating a special form of their secondary impact upon the beneficiary members.

Abstract: The subject of this research is the theoretical, legal, and economic aspects of the development of shared ownership in the conditions of networkization in the context of its possible impact upon the institution of ownership. Along with studying the opposite views on this process and specific examples of its functioning, the author demonstrates that the intensity of the development of shared ownership depends on the change in the attitude of market participants (producers and consumers) to the range, quality and lifetime of products, as well as that cost-effectiveness of shared ownership results from intensified utilization of material resources through the use of digital technologies. The relevance, theoretical and practical significance of this research are substantiated that the existing idea of shared ownership received a new boost, which requires determining the legal consequences of this process. The acquired results indicate that in the digital environment (via online services), shared ownership is the coordinated interaction of equal participants to receive (provide) or share access to goods and services, and should be qualified as a short-term lease, which due to lack of conformity to generally accepted standards and individual preferences of the consumers requires legal protection of the parties to the process.

Abstract: The subject of this research is the theoretical and practical aspects of legal qualification of virtual property – digital online objects (cryptocurrencies, game property, user accounts, etc.) in Russia and abroad. Virtual property is viewed through the prism of the concept of “asset” / “economic asset”, established in the national and foreign legislation and doctrine. Real right to game objects in online games are considered through the lens of John Locke’s labor theory of property (acquisition), M. Radin’s theory of personality, theories of utilitarianism (deterrence of negative behavior and economic efficiency), law enforcement practices and legislation (South Korea, China, etc.). Real right to online accounts (Google, Yahoo etc.) are examined in the context of allowability of transferring personal and business accounts from the perspective of property and conventional law. The relevance, theoretical and practical importance of this research is are substantiated by supplementing the tangible objects of proprietary right with digital, created in modern reality with the use of digital technologies (cryptocurrencies, tokens, etc.), which requires clarification of their legal regime in the context of the effective legislation of the Russian Federation and foreign countries, ideas for its amendment, and law enforcement practice. The author concludes that the legal doctrine of a number of countries, distinguishing tangible and intangible, virtual objects (game objects, user accounts) recognized the existence and legal status of virtual property (Hong Kong, European Union, South Korea, Russian Federation, Taiwan), qualifying it as the analogue of digital information and content; legally - movable (Taiwan) or other (Russian Federation) property; property (the European Court of Human Rights) or utilitarian (mandatory) digital (Russian Federation) rights; economically – virtual (financial, in form of future income), and material (in form of commercial ties, domain names, etc.) assets (the European Court of Human Rights, Russian Federation).

Abstract: This article examines the impact of digital platforms (marketplaces) created in the conditions of network economy in its new “center–periphery” configuration upon the consumer markets and provisions of competition law applicable to digital markets, using the experience of foreign countries (Germany, Asia, Latin America, etc.) and integration associations (the European Union), including from the perspective of new law enforcement (judicial) practice, based on the fact that its knowledge allows successful resolution of the essential problems of legal regulation in the Russian Federation. Attention is given to such aspects of the activity of digital platforms  (Amazon, Apple, Facebook, Google etc.), as the dependence of their market influence on the network effects associated with utilization of the user data, supported by market practices, such as vertical integration and amalgamation of companies that are capable of reducing market competition. Assessment is given to the degree of readiness of the countries and their associations to operate in the conditions of digital platforms. The relevance, theoretical and practical importance of this research are substantiated by the emergence of new competitive practices (digital platforms) that can influence the competition. The author concludes that due to the “network effect”, digital platforms have an inexhaustible range of capabilities for acquisition of the dominant position on the market and its abuse. These include the formation of consumer groups of targeted advertising and sales of their services; as well as setting personalized prices based on determination of the readiness and limit of individual payment; and usage of data on the products of vendors on their platform to score an advantage in selling their products, etc.

Abstract: This article aims to prove the working hypothesis, as well as determine and analyze the peculiarities of the network model of open innovation activity in biomedical sector in the context of protection of intellectual property in Russia and abroad, based on examination of the real projects implemented within the framework of this strategy by the organizations (for example, Structural Genomics Consortium) and companies (Bayer, AstraZeneca, FabRx, Biogen, Vertex Pharmaceuticals). The article employs the methods of induction and deduction, formal and dialectical logic for revealing the benefits of network cooperation and open innovation strategy, which substantiates the objective need for the business strategies, methods and mechanisms for the production and protection of scientific information and results of intellectual property in the context of development of new technologies (such, blockchain), which are discussed in the article. The relevance, theoretical and practical importance of the conducted research lie in the fact that the network “open” and traditional “closed” methods of production of the new scientific knowledge have their merits and flaws that may influence the scientific progress and innovation-driven growth. The experience of foreign institutes, scientific centers, and companies can be valuable in seeking the answers to the analogous questions associated with the development, substantiation, and recognition of collaborations based on the open innovations of the Russian Federation. The results acquired by the author are also reflected in the ideas that in the sphere of biotechnologies, the projects implemented in within the open innovations strategy may have different configurations (domestic and supranational), however pursuing a single goal –  to create a more effective specific therapy for various diseases, which would promote network collaboration, and by common consent, can be achieved via three vectors of research, while legal certainty and security can be ensured by blockchain technology.

Abstract: The subject of this research is the legal and moral-ethical framework of euthanasia (“a good death”) in such BRICS countries as Brazil, Russia and China from the perspective of analysis of the current regulatory and other acts and documents, doctrine, opinions of legal and medical experts, who provide pros and cons of such measure as euthanasia. The raised questions are viewed and analyzed from the position of an alternative to the previously researched aspects of therapeutic cloning, bioprinting (3D printing), growing organs and tissue that are developed and implemented in the context of the idea “No One Should Die”. The scientific novelty of this work is substantiated by articulation of the problem (examination from the perspective of law and moral-ethical perceptions), choice of countries (BRICS member-states), and analysis of the most recent materials (for example, Law of the People's Republic of China “On Basic Healthcare and Health Promotion” passed on December 28, 2019 (effected on June 1, 2020); Resolution of the Ministry of Health of Brazil of October 31, 2018 No.41 “On Recommendation for Organization of Palliative Care within the framework of Help Provided Through Unified Healthcare System”), and earlier, but also relevant acts and documents (Law of the Russian Federation of November 21, 2011 No. 323-FZ “On the Basis of Health Protection of Citizens in the Russian Federation”, amended on April 34, 2020, etc.). A conclusion is made that euthanasia could be only active and voluntary, when a decision is made by a person with incurable disease, of sound mind, who comprehends the actions and their consequences.

Abstract: The subject of this research is the legal and moral-ethical framework of euthanasia (“a good death”) in such BRICS countries as Brazil, Russia and China from the perspective of analysis of the current regulatory and other acts and documents, doctrine, opinions of legal and medical experts, who provide pros and cons of such measure as euthanasia. The raised questions are viewed and analyzed from the position of an alternative to the previously researched aspects of therapeutic cloning, bioprinting (3D printing), growing organs and tissue that are developed and implemented in the context of the idea “No One Should Die”. The scientific novelty of this work is substantiated by articulation of the problem (examination from the perspective of law and moral-ethical perceptions), choice of countries (BRICS member-states), and analysis of the most recent materials (for example, Law of the People's Republic of China “On Basic Healthcare and Health Promotion” passed on December 28, 2019 (effected on June 1, 2020); Resolution of the Ministry of Health of Brazil of October 31, 2018 No.41 “On Recommendation for Organization of Palliative Care within the framework of Help Provided Through Unified Healthcare System”), and earlier, but also relevant acts and documents (Law of the Russian Federation of November 21, 2011 No. 323-FZ “On the Basis of Health Protection of Citizens in the Russian Federation”, amended on April 34, 2020, etc.). A conclusion is made that euthanasia could be only active and voluntary, when a decision is made by a person with incurable disease, of sound mind, who comprehends the actions and their consequences.

Abstract: This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.

Abstract: The subject of this research is certain aspects of responsibility of the scholars for engineering, development and implementation of the technologies for euthanasia. The author raises the questions: whom the scholar is responsible to (his conscience, future and currently living generations), for what (scientific components of his development/discovery, their application and consequences), what type of responsibility (moral, legal). The author seeks answers on the basis of studying, scientific comprehension and analysis of the developing and existing mechanism, methods, and means for euthanasia as legally permitted or prohibited in the medical establishments. The ideas underlying the support and implementation of euthanasia are examined. The scientific novelty is substantiated by articulation of the problem: responsibility of a scholar (medical personnel, etc.) with regards to the practice (ban of a number of aspects in the practice) of euthanasia on the example of legislation of the countries, in which it is allowed (was allowed) or unwelcomed. Among the formulated conclusions is the idea that any approach is based on persuasions of a person; there is not special morality, a scholar always remains a human, with all the weaknesses and strength. Namely these persuasions lead the licensed medial practitioners toward creation of technologies, means and methods for alleviation of suffering and acceleration of death.

Abstract: This article examines the legal regulation of bioprinting (3D printing) and culture of tissues and organs in the BRICS countries through the prism of protection of intellectual property. The work demonstrates the means of protection of results acquired at each stage of bioprinting by the norms of copyright and patent law, as well as touches on the questions of the need (possibility) for patenting of “bioprinters”, “bioinks”, “biopapers”, etc. The goal of this research is to determine the necessary and possible boundaries for patenting (copyright law protection) of the means, products, processes and their moral-ethical acceptance in the society. The novelty of this work consists in a comprehensive analysis of the approaches of BRICS countries towards development, legal formalization and protection of bioprinting and culture of tissues and organs as medical and non-medical technologies from the perspective of intellectual property law. The author attempts to answer the question of (non)patentability of the process (means) and result (product) of bioprinting of tissues and organs, the “bioprinters” themselves, as well as the “bioinks” and “biopapers” they use. With regards to (non)patentability of tissues and organs acquired through 3D printing, a conclusion is made that there is an unfavorable environment for their patenting, though their production, in the author’s opinion, should the right to patenting providing that they meet the criteria (other conditions) set by patenting law of a particular country.

Abstract: Based on the legal material of BRICS countries, this article conducts a scientific analysis on the question of legal responsibility of a scholar for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human. The relevance is substantiated by the impact upon legal and medical science, as well as the perceptions of peoples and experts (lawyers, medical personnel, sociologists, etc.) affected by new technologies, which currently allow doing what no one could ever imagine, unless in the films or books of science-fiction genre. The author examines different legal scenarios. The scientific novelty consists in the choice of countries – BRICS; the subject of research – legal responsibility for implementation of the results of his scientific activity in the area of reproductive and therapeutical genetic modification of human; analysis of the selected circle of questions in cross-disciplinary aspect, from the perspective of jurisprudence, medicine, and ethics). The conclusion is made that the approaches of national legislation are influenced by a range of problems that justify the corresponding legal regulation (for example, GMO in Brazil, prohibition of prenatal sex discernment in India, situation after He Jiankui’s experiment in China, etc.).

Abstract: In line with the general approaches and implementation of the network information technologies in BRICS countries, this article exposes the issues in the development of network economy and the reflection of its specificity in law at the present stage. Considering the fact that currently along with the market economy exists and gradually develops the information network economy, which practically does not have such characteristics as exceptionality, competitiveness and transparency, the author examines the economic relations in the hierarchical and network economy. The article provides the examples of organization of research activities based on the “open” network model, application of network information technologies in education, as well as analyzes certain problems (such as taxation) caused by the network form of interaction in organization of the cross-border e-commerce. The relevance and novelty of this study are substantiated by the fact that the development of information technologies, their convenience and other advantages, will not allow (in absence of global cataclysms) returning to the traditional economy, thus, they will continue advancing and require adequate legal regulation. Therefore, the goal of this research lies in determination of the modern directions for application of the achievements of the information network economy for establishing the depth and compliance with legal regulation and the need for making corresponding amendments. One of the results consists in establishing fact of the irreversible shift in the traditional economy towards the information network economy, which changes the perception of the world among both, regular citizens, as well as entrepreneurs.

Abstract: The authors of this article analyze definition, legal nature, types and contents of agreements that make broker activity possible in the EAEU countries from the point of view of legislation (civil codes, etc.) and judicial and other practice. In particular, they analyze contract of assignment, commission agreement and agency agreement. This is the first research in Russian academic literature to give an insight into practical use of such agreements in the EAEU countries (the case study of the Republic of Kazakhstan). In their research the authros have used such research methods as dialectical analysis, historical and comparative law analysis. The authors base their research on the idea of subjective-objective predetermination of processes and phenomena. The novelty of the research is caused by the authors' complex analysis of aforesaid issues based on the case study fo EAEU countries. One of the conclusions of the research is that brokerage agreement is not a type of contract of assignment, commissino agreement or agency agreement. This is a combined, framed, mutual, bee-based and consensual contract of adhesion that have two types, brokerage agreement on intermediary services and brokerage agreement on intermediary and representative services. 

Abstract: In line with the general approaches and implementation of the network information technologies in BRICS countries, this article exposes the issues in the development of network economy and the reflection of its specificity in law at the present stage. Considering the fact that currently along with the market economy exists and gradually develops the information network economy, which practically does not have such characteristics as exceptionality, competitiveness and transparency, the author examines the economic relations in the hierarchical and network economy. The article provides the examples of organization of research activities based on the “open” network model, application of network information technologies in education, as well as analyzes certain problems (such as taxation) caused by the network form of interaction in organization of the cross-border e-commerce. The relevance and novelty of this study are substantiated by the fact that the development of information technologies, their convenience and other advantages, will not allow (in absence of global cataclysms) returning to the traditional economy, thus, they will continue advancing and require adequate legal regulation. Therefore, the goal of this research lies in determination of the modern directions for application of the achievements of the information network economy for establishing the depth and compliance with legal regulation and the need for making corresponding amendments. One of the results consists in establishing fact of the irreversible shift in the traditional economy towards the information network economy, which changes the perception of the world among both, regular citizens, as well as entrepreneurs.

Abstract: This article examines the questions of the force of patent law in one of the BRICS countries – Brazil, with regards to pharmaceutical products prior and after Brazil’s membership in WTO (TRIPS) in light of a number of regulatory and judicial acts and technicality in the area of healthcare, provision of population with medications, and protection of industrial property rights (Constitution of 1988, Law No. 9.279 of May 14, 1996 “On the Industrial Property”, Law No. 8.080/90 on creation of the Unified Healthcare System (SUS), Ordinance No. 3.916/98 establishing National policy on Pharmaceuticals, Government Decree No. 2.577/06 “National Program for Exceptional Medicines”, court decisions, and others). The research analyzes the issues towards free access to medications, prohibited in Brazil by patent law, since its entry to World Trade Organization, as well as the ways for their solution. The scientific novelty consists in the comprehensive analysis from the perspective of the intellectual property right of Brazil’s approaches to organizational-legal support of the development of pharmaceutical sector in the context of TRIPS agreements and necessity to ensure population’s constitutional right to health services and essential medicines. The conclusion is made that the current policy is aimed at achieving the existing prior to WTO membership balance of private and public interests via implementation of a set of compensation mechanisms (negotiations on price reduction by pharmaceutical companies, obligatory licensing, introduction of the Program “National Pharmacology of Brazil”.

Abstract: The matter under research is the definitions of investor, investment and form of business entity and terms of admittance of foreign investments in the PRC economy based on the new Law on Foreign Investments of 2019. The researcher has carried out the legal analysis of the Law of 2019 in terms of investment activity. Special attention is paid to the legal regime of investments and investors in terms of nwe provisions set forth by the Law compared to the provisions of earlier effective Laws on Joint Ventures with Chinese and Foreign Capital of 1979, Joint Enterprises with Chinese and Foreign Capital of 1988 and On Enterprises with Foreign Capital of 1986. In the course of her research Belikova has applied such research methods as general dialectical, historical, comparative law analysis. The author bases her research on the idea of subjective-objective predetermination of processes and phenomena. The novelty of the research is caused by the fact that the researcher analyzes the provisions of a new and long-awaited legal investment act in China. The researcher introduces materials, data and information that have never been mentioned in the Russian academic literature before. As a result of the research, the author concludes that China keeps on developing the investment law and approaches to investment activity. The reform that had been so much awaited for finally happened and time will show what practical results the reform will have for business entities and China's economic environment. 

Abstract: This article examines the questions of the force of patent law in one of the BRICS countries – Brazil, with regards to pharmaceutical products prior and after Brazil’s membership in WTO (TRIPS) in light of a number of regulatory and judicial acts and technicality in the area of healthcare, provision of population with medications, and protection of industrial property rights (Constitution of 1988, Law No. 9.279 of May 14, 1996 “On the Industrial Property”, Law No. 8.080/90 on creation of the Unified Healthcare System (SUS), Ordinance No. 3.916/98 establishing National policy on Pharmaceuticals, Government Decree No. 2.577/06 “National Program for Exceptional Medicines”, court decisions, and others). The research analyzes the issues towards free access to medications, prohibited in Brazil by patent law, since its entry to World Trade Organization, as well as the ways for their solution. The scientific novelty consists in the comprehensive analysis from the perspective of the intellectual property right of Brazil’s approaches to organizational-legal support of the development of pharmaceutical sector in the context of TRIPS agreements and necessity to ensure population’s constitutional right to health services and essential medicines. The conclusion is made that the current policy is aimed at achieving the existing prior to WTO membership balance of private and public interests via implementation of a set of compensation mechanisms (negotiations on price reduction by pharmaceutical companies, obligatory licensing, introduction of the Program “National Pharmacology of Brazil”.

Abstract: Based on the analysis of a number of documents (Biotechnology Development Policy of 2007; Law No.9279 of May 14, 1996 “On the Industrial Property”, revised in 2001),implementation of several projects of São Paulo Research Foundation (FAPESP), this article examines the experience of development of biotechnologies in one of the BRICS countries – Brazil. It strongly depends on the international legal regime of biotechnologies; thus, when Brazil joined WTO in 1995, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) became obligatory, although the provisions significantly differed from the current at the moment legislation in the area of intellectual property of Brazil. The author explores the issues it caused from the perspective of the American practice of settlement that is foreign for both, Russia and Brazil. The scientific novelty lies in a comprehensive analysis from the standpoint of law on intellectual property of Brazil’s approach to organizational and legal arrangement of biotechnology development in the context of international legal regime created by TRIPS, with consideration of the American experience. It is concluded that the provisions of the acting Biotechnology Development Policy of 2007 testifies to the fact that the Brazilian government understands the need to enhance protection of intellectual property for the development of biotechnological sector.

Abstract: The matter under the research is the peculiarities of procedural (criminal, civil, administrative and other) means of protection of scientific information in China as a BRICS state. Belikova analyzes the matter under research from the point of view of intellectual property laws (On Author's Right of 1990 (rev. 2010), On Patent Right of 1984 (rev. 2008)), law court regulations (Organisation of People's Court of 1979 (rev. 2006 and 2018), criminal and civil law and process regulations (for example, Civil Procedure Code of 1991 (rev. 2007 and 2013), Criminal Procedure Code of 1979 (rev. 1996 and 2012) and Criminal Code of 1979 (rev. 1997) as well as other laws (for example, Law on Protection of State Information of 1988 (rev. 2010) and others. In her research Belikova has used such research methods as geneal dialectical, historical, comprative law analysis. The author bases her research on the idea of subjective-objective predetermination of processes and phenomena. One of the conclusions made by the researcher is that despite being greatly criticized, China's intellectual property laws offer a wide range of measures and opportunities for an individual whose rights have been violated to apply measures that are best suited for the situation. This range of measures is similar to that offered by other BRICS states. 

Abstract: Based on the analysis of a number of documents (Biotechnology Development Policy of 2007; Law No.9279 of May 14, 1996 “On the Industrial Property”, revised in 2001),implementation of several projects of São Paulo Research Foundation (FAPESP), this article examines the experience of development of biotechnologies in one of the BRICS countries – Brazil. It strongly depends on the international legal regime of biotechnologies; thus, when Brazil joined WTO in 1995, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) became obligatory, although the provisions significantly differed from the current at the moment legislation in the area of intellectual property of Brazil. The author explores the issues it caused from the perspective of the American practice of settlement that is foreign for both, Russia and Brazil. The scientific novelty lies in a comprehensive analysis from the standpoint of law on intellectual property of Brazil’s approach to organizational and legal arrangement of biotechnology development in the context of international legal regime created by TRIPS, with consideration of the American experience. It is concluded that the provisions of the acting Biotechnology Development Policy of 2007 testifies to the fact that the Brazilian government understands the need to enhance protection of intellectual property for the development of biotechnological sector.

Abstract: The article observes the issue of legal regulation of the production, spread, and implementation of scientific information (including the technical one) in the context of the protection of intellectual rights in one of the BRICS countries - the RSA. The article analyzes a number of laws in this sphere (the Law no 51 of 2008 On the Right of Intellectual Ownership of Researches and Inventions Financed by the Government (rev. 2014), Law no 98 1978 On the Author's Right (rev. 2008)), acts and documents of a strategic character (for example, the SA National Development Plan till 2030) and others). The study presents the main idea of one of the key precedents in the sphere of scientific (patent) information development in the RSA. The author forms the institutional structure aimed at science development, accumulation, as well as the spread and protection of scientific information and innovation development. Also, she gives the functionality of a number of elements of such a structure. In the course of the research, the author has implied such methods of scientific knowledge as general scientific, dialectical, and historical methods, as well as a method of rather-legal analysis. The author relies on the subjective-objective orientation of the processes and phenomena. The novelty of the study is due to the complex research of the RSA approaches to legal regulation of the issues of production, spread, and implementation of scientific information and innovation from the perspective of the right of intellectual ownership. The article concludes that the development of science and technology and the aiming at building a state of innovative type in the RSA continues. However, the RSA faces the frets (for example, the reduction (migration) of human capital, lacking financing of science, optimization of Higher Education, etc.) which can affect the success of the conducted politics in this sphere. 

Abstract: The subject of this research is the means of procedural (criminal-legal, civil-legal, administrative-legal, etc.) protection of scientific information in one of the BRICS member-states – India, viewed through the prism of the force of statutory law in form of the acts on intellectual property of this country (“Copyright Act”, 1957; “Patents Act”, 1970); procedure (Code of Criminal Procedure, 1873; Code of Civil Procedure, 1908) and others in the last revision; case laws developed within the framework of acting precedent law and provisions of the doctrine. The author draws a conclusion that the fairly new method of dispute settlement such as arbitration along with the traditional, time-proven civil-legal (damages, suit for a declaration, and others) and criminal-legal (imprisonment and others) means of protection are in the focus of attention of the Indian legislator for the purpose of protection of scientific information. The scientific novelty lies in the comprehensive consideration and analysis of the approaches of legislator and representatives of judicial branch towards the procedural aspects of protection of scientific information.

Abstract: The subject of this research is the means of procedural (criminal-legal, civil-legal, administrative-legal, etc.) protection of scientific information in one of the BRICS member-states – India, viewed through the prism of the force of statutory law in form of the acts on intellectual property of this country (“Copyright Act”, 1957; “Patents Act”, 1970); procedure (Code of Criminal Procedure, 1873; Code of Civil Procedure, 1908) and others in the last revision; case laws developed within the framework of acting precedent law and provisions of the doctrine. The author draws a conclusion that the fairly new method of dispute settlement such as arbitration along with the traditional, time-proven civil-legal (damages, suit for a declaration, and others) and criminal-legal (imprisonment and others) means of protection are in the focus of attention of the Indian legislator for the purpose of protection of scientific information. The scientific novelty lies in the comprehensive consideration and analysis of the approaches of legislator and representatives of judicial branch towards the procedural aspects of protection of scientific information.

Abstract: The article is devoted to legal regulation of scientific information in India as one of the BRICS countries from the point of view of intellectual rights protection. Belikova analyzes a number of associated laws ('On Authorship Right' of 1957 (rev. 2001) and 'Right to Information' of 2005), strategic acts and documents (for example, 'Technological and Innovation Policy' of 2013 and others). Based on the results of her analysis, the author describes the main point of one of the key precedents of patent information development in India and outlines the institutional structure aimed at the development of science, accumulation, distribution and protection of scientific information and development of innovations. The researcher also describes the functional of a number of elements of the aforesaid structure. She describes Indian achievements and findinds in science and technology and analyzes their future prospects. Belikova has applied such research emthods as general dialectical analysis, historical and comparative law analysis. The author bases her research on the idea of subjective-objective predetermination of processes and phenomena. The novelty of the research is caused by the fact that the author carries out an integral analysis of the legal provisions about intellectual property and information laws issued by Indian government to regulate issues that may arise in the production, distribution and implementation of scientific information and innovations. At the end of the article the researcher concludes that India has a well-developed infrastructure for scientific and technical research and Indian government is concerned with legally fixing R&D goals in legal acts of general nature as well as tries to reduce the state financing of R&D and the share of the government's participation in them amid current problems in this sphere (with the recruitment rate, etc.)

Abstract: The subject of the research is the definitions of terms 'investor' and 'investment' and their relation to forms of business entities that perform investment activity, from the one hand, and forms of business entities that perform capital investment (companies, partnerships, non-public unions, etc.) allowable by the law of South Korea as part of The Law on Trade (1962, version of 2011) and Law to Promote Foreign Investments of September 16, 1998 (FIPA). Belikova carries out their comparative analysis in terms of investment activity. She focuses on the legal regime of their activity and underlines their peculiarities. In the course of her research the author of the article has used such research methods as general dialectics, historical method and comparative law analysis. The author bases her research on the idea of subjective and objective predetermination of processes and phenoma. The novelty of the research is caused by the fact that the author analyzes forms of entities that perform investment in Korea in relation to terms 'investor' and 'investment'. As a result of the research, the author concludes that taking into account that national peculiarities, the main legal terms for attracting foreign investments into South Korea are different from traditional legal terms used by other countries. For example, Korean companies deal only with those partners which reputation has been proved by other Korean companies, and so on. Moreover, even though the greater part of capital investments are made by foreign investors as joint-stock companies, the Korean legislation offers a wide range of business entities for investing. 

Abstract: This article examines the approaches of the “Asian Energy Ring” countries towards international legal acts pertaining to foreign investment – Convention “On Settlement of Investment Disputes between States and Nationals of Other States” (Washington, 1965); Convention “Establishing the Multilateral Investment Guarantee Agency” (Seoul, 1985); OECD Draft Convention “On Foreign Property” (1967); and acts of the World Trade Organization (The General Agreement on Tariffs and Trade, etc.). The existing law enforcement practice is provided. The scientific novelty consists in the analysis of provisions of the aforementioned legal acts applicable to the their positions in the countries under consideration – China, South Korea and Japan. The following methods were used in the course of this research: general scientific, dialectical, historical, and comparative legal analysis. The author relies upon subjective-objective set of processes. The conclusion is made that the international legal acts are an effective mechanism for ensuring (for example, Seoul Convention) and protection (for example, Washington Convention) of the investors’ interests.

Abstract: This article examines the question on the role of foreign investments within the system of international economic relations from the perspective of law. The author analyzes the main and auxiliary goals of an investor and the country-recipient of foreign investments and the country of origin of the investments. The legal-economic concept of “investment/foreign investment” is viewed considering the author’s opinion that investments as such are multifunctional. Different understanding in this regard underline the various aspects of the phenomenon; thereat, the legislators of different countries are guided by their teleological reasons, while representatives of the doctrine – by affiliation to one or another scientific specialty (or school). The scientific novelty lies in articulation of the problem, as well as the approaches towards its studying. The new data regarding the records and information on the role of foreign investments within the system of international economic relations are introduced into the Russian-language discourse. The conclusion is made that the foreign investments are characterizes by versatile functionality, expansion of which is substantiated by the needs of the country-recipient of investments along with the country of their origin.  

Abstract: This article examines the general approaches (direct or portfolio investment, signing concessionary agreements) and particular aspects of the investment cooperation between Russian and China in form of investing into the objects of production and infrastructure in the territory of the Russian Far East, based on the fact that currently the development of these territories is one of the top priorities of the Russian Federation. The author provides the examples of “live” investment projects and investment contracts in the area under consideration; and also underlines the factors impeding such cooperation. The scientific novelty is substantiated by the approach, within the framework of which the attention is given to the problematic aspects of Russia-China investment cooperation from the standpoint of methods and prospects of their solution for the advancement of the Russian Far East. It is demonstrated that Russia-China cooperation has the potential, as well as the history; however, the actual steps depend of the intentions of both parties.

Abstract: In her article Belikova outlines issues that may arise in the process of attracting investments from South Korea and Japan into Russia and vice versa from the point of view of cultural research, practice and law (a number of key Russian, South Korean and Japanese legal acts) and providing that particular investment cooperation between Russia and South Korea or Russia and Japan implies capital investments in production and infrastructure facilities including facilities that extract and market energy resources (oil, gas and energy generated in the territory of the Russian Federation). In her research Belikova has used such research methods as general dialectical method, historical method and comparative law analysis. In addition, the author bases her research on subjective-objective predetermined outcome of processes and phenomena and their complementary dependence. The novelty of the research is caused by the fact that Belikova analyzes legal capacities and economic interests of these countries towards mutual investments as well as political, legal and cultural peculiarities of investment into Russian production and infrastructure facilities, in particular, restrictions for foreign investors and some political, legal and cultural peculiarities of investment (participation) of Russian investors in South Korean and Japanese enterprises and investment issues that may arise. At the end of the research Belikova concludes that all aforesaid parties of investment cooperation have much to work on in order to make investment conditions clearer for counter-agents. 
 

Abstract: This article examines the general approaches (direct or portfolio investment, signing concessionary agreements) and particular aspects of the investment cooperation between Russian and China in form of investing into the objects of production and infrastructure in the territory of the Russian Far East, based on the fact that currently the development of these territories is one of the top priorities of the Russian Federation. The author provides the examples of “live” investment projects and investment contracts in the area under consideration; and also underlines the factors impeding such cooperation. The scientific novelty is substantiated by the approach, within the framework of which the attention is given to the problematic aspects of Russia-China investment cooperation from the standpoint of methods and prospects of their solution for the advancement of the Russian Far East. It is demonstrated that Russia-China cooperation has the potential, as well as the history; however, the actual steps depend of the intentions of both parties.

Abstract: This article specifies and characterizes the major milestones in Russia-China scientific and technical (including military) cooperation from the political legal perspective. The starting point is the intergovernmental agreements of 1992 on the scientific and technical cooperation (STC) and military and technical cooperation (MTC). The author determines the difficulties and prospects of cooperation in the indicated fields; provides the examples of particular forms of such cooperation. An objective need of Russia and China for the development of STC and MTC on mutually beneficial terms serves as the basis for research. The scientific novelty consists in the “end-to-end” approach that views the question at hand in retrospective and from modern perspective. It is established that the scientific and technical development of Russia and China has a strong legal framework and substantial groundwork of previous years, possesses a multidivisional organizational structure and active connections at various levels, which creates the foundation for the progress in the area of military and technical cooperation. Therefore, the development of STC of Russia and China in the long run seems quite successful.

Abstract: The subject of this article is the problem of scientific plagiarism (unlawful borrowing of another author’s text), protection of copyrights, and intellectual property in the broad sense of the word, which is viewed in the context of economization of human life alongside the introduced to the State Duma by the President of the Russian Federation V. V. Putin legislative bill on extending the list of offences, which criminal charges can be dismissed in case of compensation for damage that has been inflicted. The author makes practical proposals aimed at combatting plagiarism, taking as a basis the words of Napoleon Bonaparte “Put a rogue in the lime-light and he will act like an honest man”. The scientific novelty of this research lies in examination of the problem of plagiarism from the perspective of economic and legal sciences, as well as partially sociology and human psychology. The article touches upon a number of interrelated issues: plagiarism and circumvention of legitimate citation; plagiarism and functionality of the national scientific schools; plagiarism and countermeasures; plagiarism and formation of scientific potential in Russia, etc. It is concluded that plagiarism entails a multitude of problems that can only be resolved as a whole, and not on the individual level, but representative scientific centers with government association.  

Abstract: The subject of this article is the problem of scientific plagiarism (unlawful borrowing of another author’s text), protection of copyrights, and intellectual property in the broad sense of the word, which is viewed in the context of economization of human life alongside the introduced to the State Duma by the President of the Russian Federation V. V. Putin legislative bill on extending the list of offences, which criminal charges can be dismissed in case of compensation for damage that has been inflicted. The author makes practical proposals aimed at combatting plagiarism, taking as a basis the words of Napoleon Bonaparte “Put a rogue in the lime-light and he will act like an honest man”. The scientific novelty of this research lies in examination of the problem of plagiarism from the perspective of economic and legal sciences, as well as partially sociology and human psychology. The article touches upon a number of interrelated issues: plagiarism and circumvention of legitimate citation; plagiarism and functionality of the national scientific schools; plagiarism and countermeasures; plagiarism and formation of scientific potential in Russia, etc. It is concluded that plagiarism entails a multitude of problems that can only be resolved as a whole, and not on the individual level, but representative scientific centers with government association.  

Abstract: This article examines the legal peculiarities of investing into the Russian energy sector from the perspective of the “energy” ring member countries – China, South Korea, and Japan. The author considers the regulations of a number of key Russian laws in this sphere: on the strategic societies, subsoil, capital investments, and others; analyzes the established by them limitations for foreign investors and some ways of their circumvention. All of the aforementioned is viewed in the context of the existing investment projects of the “energy ring” states in Russia. The author leans on the subjective-objective preset of processes and occurrences. The scientific novelty lies in the comprehensive research of the question of investments into the Russian energy sector through the prism of cooperation of China, South Korea, Japan and Russia within the framework of “energy ring”. As a result, the author reaches the conclusion that foreign investment into the Russian energy sector faces a number of restrictions, which, however, are often overcomable.

Abstract: This article examines the legal peculiarities of investing into the Russian energy sector from the perspective of the “energy” ring member countries – China, South Korea, and Japan. The author considers the regulations of a number of key Russian laws in this sphere: on the strategic societies, subsoil, capital investments, and others; analyzes the established by them limitations for foreign investors and some ways of their circumvention. All of the aforementioned is viewed in the context of the existing investment projects of the “energy ring” states in Russia. The author leans on the subjective-objective preset of processes and occurrences. The scientific novelty lies in the comprehensive research of the question of investments into the Russian energy sector through the prism of cooperation of China, South Korea, Japan and Russia within the framework of “energy ring”. As a result, the author reaches the conclusion that foreign investment into the Russian energy sector faces a number of restrictions, which, however, are often overcomable.

Abstract: This article is the continuation of the authors' analysis of the legal forms of investment activity in China. The authors analyze activities of equity and cooperative joint-ventures. The subject of the research is the common features of joint ventures and specific features of each kind in particular. The analysis is illustrated by the examples from the legal practice. The article containts scientific data and information that have never been mentioned in the academic literature before. In the course of the research the authors have used such methods as general dialectical method, historical analysis, comparative law analysis. The authors base their research on the subjective-objective predetermiined outcome of processes and phenomena. The scientific novelty of the research is caused by the fact that the authors define advantages and disadvantages of EJVs and CJVs in comparison and describe how they function based on particular examples of such compaies. The results of the research demonstrate that even though the role and significance of joint-ventures have been decreasing lately, they may be quite helpful to foreign investors while Chinese partners have the support of the central and local government, brand credibility, land, license, distribution and access to suppliers which decreases initial expenditures and improves changes of a foreign investor for success. 

Abstract: This article presents research of the concepts, essence and legal nature of investment contracts on the example of Russia and China. The author offers a multifaceted complex research of this concept from the position of international and national laws, including civil and administrative laws. The accent is made on the fact that it has situational interpretation and depends on other conditions of activity that is contractually formalized. The novelty of this research is justified by determination of the characteristics of an investment contract from the position of the complex approach, which considers representation of internationalists, as well as civilists and administrationists in conjuction with the analysis of practicle examples of investment interaction between Russia and China from the positions of modernity and retrospect. The author determines that investment cooperation between Russia and China is currently largely based on intergovernmental agreements and framework agreements for providing equipment, rendering services, construction, organizational support, personnel training, etc..

Abstract: This article presents research of the concepts, essence and legal nature of investment contracts on the example of Russia and China. The author offers a multifaceted complex research of this concept from the position of international and national laws, including civil and administrative laws. The accent is made on the fact that it has situational interpretation and depends on other conditions of activity that is contractually formalized. The novelty of this research is justified by determination of the characteristics of an investment contract from the position of the complex approach, which considers representation of internationalists, as well as civilists and administrationists in conjuction with the analysis of practicle examples of investment interaction between Russia and China from the positions of modernity and retrospect. The author determines that investment cooperation between Russia and China is currently largely based on intergovernmental agreements and framework agreements for providing equipment, rendering services, construction, organizational support, personnel training, etc..

Abstract: This article examines the Japan’s strategy on allocation of the proprietary investments overseas, as well as attraction of foreign investments to the country. In this context, special attention is given to the particular aspects of the Russia-Japan investment cooperation in form of investments, as well as the objects of production and infrastructure, including the cooperation in energy sphere (oil, gas, and generated in the Russian Federation electrical energy). The author touches upon the position of parties regarding the question of joint economic use of the South Kuril Islands. The scientific novelty lies in consideration from the perspective of Russia’s interests and opportunities of the approaches towards investment “from” and “to” Japan. A conclusion is made that both, Russia and Japan have a potential for cooperation, opportunities and interest; however, it remains to be seen which of the indicated scenarios will prevail.

Abstract: In this article the authors try to cast light on the approaches of Chinese legislators to the protection of investors in Chinese and arbitration courts including international courts. For this purpose, the authors analyze the provisions of the laws of 1979, 1988 and 1986 on joint ventures (share and cooperative) and foreign companies. The authors relate analysis of investment disputes to the kinds of investment disputes and attribution of the investor (internal or external). The authors aso cover the provisions of the intergovernmental agreement between China and Russia. In their research the authors have used such research methods as general dialectical method, historical and comparative law analysis. The authors base their research on the subjective-objective set course of processes and phenomena. The novelty of the research is caused by the fact that the authors analyze arbitration resolvement of investment debates from the point of view of civil law guarantees of investor protection. As a result of the research, the authors conclude that creation of the alternative to state courts, i.e. arbitration resolution of investment disputes, is one of the most important guarantees of a foreign investor rights' protection.  

Abstract: This article examines the Japan’s strategy on allocation of the proprietary investments overseas, as well as attraction of foreign investments to the country. In this context, special attention is given to the particular aspects of the Russia-Japan investment cooperation in form of investments, as well as the objects of production and infrastructure, including the cooperation in energy sphere (oil, gas, and generated in the Russian Federation electrical energy). The author touches upon the position of parties regarding the question of joint economic use of the South Kuril Islands. The scientific novelty lies in consideration from the perspective of Russia’s interests and opportunities of the approaches towards investment “from” and “to” Japan. A conclusion is made that both, Russia and Japan have a potential for cooperation, opportunities and interest; however, it remains to be seen which of the indicated scenarios will prevail.

Abstract: This article deals with certain problems of legal regulation of the relations from harm caused by high-risk sources in legislation of Russian and the United States. The authors rely not upon the examination of abstract models of functionality of the high-risk source as tool separated from the manufacturer, but rather the results of studying the legal norms (including legislative regulations and precedents), doctrine and judicial practice of both countries that provide answers to multiple argumentative questions. The scientific novelty consists in the fact that the authors consider the legal concepts and legislative solutions in the area of relations from the harm causes by high-risk sources (enhanced by hazardous activity) in the Russian Federation and the United States from the perspective of evolution of the scientific thought of these countries. The authors detect the common feature in both legislations – the doctrines of the Russian Federation and the United States contain the idea on the need for consideration not only the functionality of the tool (high-risk source), but also the actions of the operator of the high-risk source. Based on the conducted analysis of the physical essence of the high-risk source, is established the dialectical unity of the object, its properties and their possible transformation in the process of manufacturing or exploitation of the object. The analysis of physical essence with regards to resolution of the dichotomy of joint and several responsibility must be applied in future works dedicated to causing harm by the high-risk sources.

Abstract: This article deals with certain problems of legal regulation of the relations from harm caused by high-risk sources in legislation of Russian and the United States. The authors rely not upon the examination of abstract models of functionality of the high-risk source as tool separated from the manufacturer, but rather the results of studying the legal norms (including legislative regulations and precedents), doctrine and judicial practice of both countries that provide answers to multiple argumentative questions. The scientific novelty consists in the fact that the authors consider the legal concepts and legislative solutions in the area of relations from the harm causes by high-risk sources (enhanced by hazardous activity) in the Russian Federation and the United States from the perspective of evolution of the scientific thought of these countries. The authors detect the common feature in both legislations – the doctrines of the Russian Federation and the United States contain the idea on the need for consideration not only the functionality of the tool (high-risk source), but also the actions of the operator of the high-risk source. Based on the conducted analysis of the physical essence of the high-risk source, is established the dialectical unity of the object, its properties and their possible transformation in the process of manufacturing or exploitation of the object. The analysis of physical essence with regards to resolution of the dichotomy of joint and several responsibility must be applied in future works dedicated to causing harm by the high-risk sources.

Abstract: The subject of this research consists in the norms of the legislation of the Russian Federation and Azerbaijan regulating the internal corporate relations within publicly traded companies and LLC, as well as the rulings of the higher courts and legal doctrine of the countries in question. The object of this research is the internal relations within PTCs and LLCs of these countries. The authors research the prospects and horizons for the internal corporate and inter-corporate relations, comparing these concepts based on the doctrine of the Russian Federation and Azerbaijan. The novelty of this research lies in the comparative legal analysis of the regulation of internal relations within the PTCs and LLCs in Russia and Azerbaijan. The work employs the materials from the current Russian and Azerbaijan legislations with consideration of their latest revisions.

Abstract: The subject of this research consists in the norms of the legislation of the Russian Federation and Azerbaijan regulating the internal corporate relations within publicly traded companies and LLC, as well as the rulings of the higher courts and legal doctrine of the countries in question. The object of this research is the internal relations within PTCs and LLCs of these countries. The authors research the prospects and horizons for the internal corporate and inter-corporate relations, comparing these concepts based on the doctrine of the Russian Federation and Azerbaijan. The novelty of this research lies in the comparative legal analysis of the regulation of internal relations within the PTCs and LLCs in Russia and Azerbaijan. The work employs the materials from the current Russian and Azerbaijan legislations with consideration of their latest revisions.

Abstract: The subject of this research is the concept of “investor” and its relation to the forms of implementation of investment activity, and certain forms of capital investment (foreign capital companies, subsidiaries of foreign companies, FIPE) allowable in China’s legislation. The authors perform their legal analysis, underlining the benefits and burdens of each of the indicated forms of implementation of investment activity. Particular attention is given to the legal regime of their activity; emphasis is made on their specificity from the perspective of current standing, as well as the 2015 Draft Foreign Investment Law of the People's Republic of China. The scientific novelty lies in consideration of the forms of disposal of investments in relation to the concept of “investor”. A conclusion is made that with account of the national specificity, the basic legal conditions for attracting foreign investments to China differ from the traditional and used in practice by other countries in regard that the legal regime of foreign investments as such is not actually determined in China, because the activity of foreign investors mostly concentrates on possibility of establishment of partnerships, foreign capital companies, and others. At the same time, the investors can count on such traditional mechanisms as tax breaks in terms of constant improvements of the acting legislation, etc.

Abstract: This article makes an attempt of cover the approaches of a Jordan legislator towards the question of legal regulation of the work of the international commercial arbitration, as well as examines its key aspects. Attention is given to the procedure of disputes consideration by the international commercial arbitration from the perspective of selection and qualification of arbitrators, language of proceedings, list of requirements to the provided by the involved parties to each other and arbitration evidence, including documents. The authors review the stage of rendering a decision by arbitrators, considering the requirements to a decision and possibility to appeal that decision. The scientific novelty lies in examination of the arbitration proceeding in Jordan, which has not been previously a subject of research, and thus enriches the Russian science with new data and information, introducing it to the scientific discourse. A conclusion is made that the international commercial arbitration is an effective instrument for consideration of the international commercial disputes, which is most often used by the partied of various legal systems as a mechanism of rapid and efficient decision-making.

Abstract: The subject matter of this article comprises legal aspects of marriage and divorce relations of India - one of the biggest partners of Russia – from the position of Indian courts to the questions of procedural resolution of such relations. Marriage and family are the most traditional legal institutions, but even they have changed over time. The article covers the most important facets of the functionality of marriage and family relations – marriage and divorce. The author comes from the subjective-objective orientation processes and phenomena in the surrounding world. From this position, the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusions of the research are that approaches vary depending on the personal status of spousal approaches to several issues in the field of marriage and family relations: alimony, consideration of needs of one of the divorcing spouses (usually women), etc. These differentiated approaches provide obstacles to the creation of a uniform regime of such relationship while the case law follows life, filling norms with content that is adequate to life, in order to give full protection to the rights of the spouse receiving support. The results presented in this article are the source of relevant and up to date information about the existing law of one of the fastest growing countries in the world, and thus can be useful for practitioners with ties to India, as well as law enforcement bodies in Russia. It also serves as a source of valuable information that enriches the domestic private law.

Abstract: The subject matter of this article comprises legal aspects of marriage and divorce relations of India - one of the biggest partners of Russia – from the position of Indian courts to the questions of procedural resolution of such relations. Marriage and family are the most traditional legal institutions, but even they have changed over time. The article covers the most important facets of the functionality of marriage and family relations – marriage and divorce. The author comes from the subjective-objective orientation processes and phenomena in the surrounding world. From this position, the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusions of the research are that approaches vary depending on the personal status of spousal approaches to several issues in the field of marriage and family relations: alimony, consideration of needs of one of the divorcing spouses (usually women), etc. These differentiated approaches provide obstacles to the creation of a uniform regime of such relationship while the case law follows life, filling norms with content that is adequate to life, in order to give full protection to the rights of the spouse receiving support. The results presented in this article are the source of relevant and up to date information about the existing law of one of the fastest growing countries in the world, and thus can be useful for practitioners with ties to India, as well as law enforcement bodies in Russia. It also serves as a source of valuable information that enriches the domestic private law.

Abstract: The subject of this article is the legal aspects of matrimonial relations in of the largest partners of Russia – China, from the perspective of determining the role of judicial interpretation in evolution of the procedural practice in this sphere. The traditional family law is considered a legal branch that is less affected by changes; however, the changes take place. The author covers the most essential aspects of functionality of the matrimonial relations – since the conclusion of marriage up until divorce. Special attention is given to the question of appraisal of judicial interpretation by the citizens of People’s Republic of China. The author leans on the subjective-objective set of the processes and phenomena in the surrounding world. The main conclusion of the conducted research lies in the position that under the conditions of ambiguity and contradiction of the approaches of legislation and judicial practice, people themselves take on the protection of their rights. Results of the work serve as a source of relevant information on the acting law of one of the dynamically developing countries of the world, and thus, can be valuable for the practitioners who maintain ties with China, as well as the law enforcement agencies in Russia; it also enriches the science of the national private law.

Abstract: The subject of this article is the legal aspects of matrimonial relations in of the largest partners of Russia – China, from the perspective of determining the role of judicial interpretation in evolution of the procedural practice in this sphere. The traditional family law is considered a legal branch that is less affected by changes; however, the changes take place. The author covers the most essential aspects of functionality of the matrimonial relations – since the conclusion of marriage up until divorce. Special attention is given to the question of appraisal of judicial interpretation by the citizens of People’s Republic of China. The author leans on the subjective-objective set of the processes and phenomena in the surrounding world. The main conclusion of the conducted research lies in the position that under the conditions of ambiguity and contradiction of the approaches of legislation and judicial practice, people themselves take on the protection of their rights. Results of the work serve as a source of relevant information on the acting law of one of the dynamically developing countries of the world, and thus, can be valuable for the practitioners who maintain ties with China, as well as the law enforcement agencies in Russia; it also enriches the science of the national private law.

Abstract: The subject matter of this article comprises legal aspects of different kinds of companies engaged in business activities in one of the BRICS countries and the partner of Russia – China, from the perspective of preference of doing business the work characterizes main features of each of the countries. This research includes the most important facets of their functions, from establishment to liquidation. Special attention is paid to the question of issue and characteristics of the shares, the rights and obligations of the parties, as well as the order of functions of the administration. From this position the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusions of the study are, in particular, provisions according to which it iss established that national peculiarities of legal framework of activities of business companies in China are manifested in the conditions of formation of the authorized capital (the timing, amounts and types of payment, including payments at the time of registration), in the terms permitted by law to their participants; in the definition of the laws with regard to the quorum of the General meetings and number of votes for adoption of their decisions; in the composition, competence and responsibility of the Board of Directors and Supervisory Board; in the requirement of PRC law to establish companies and ensure the work of the Communist Party and Trade Unions; in the procedure of liquidation that requires uniform implementation stages. The results presented in this article are the source of relevant and up to date information about the existing law of one of the fastest growing countries in the world, and thus can be useful for practitioners with ties to China, as well as law enforcement bodies in Russia. It also serves as a source of valuable information that enriches the domestic private law.

Abstract: The subject matter of this article comprises legal aspects of different kinds of companies engaged in business activities in one of the BRICS countries and the partner of Russia – China, from the perspective of preference of doing business the work characterizes main features of each of the countries. This research includes the most important facets of their functions, from establishment to liquidation. Special attention is paid to the question of issue and characteristics of the shares, the rights and obligations of the parties, as well as the order of functions of the administration. From this position the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusions of the study are, in particular, provisions according to which it iss established that national peculiarities of legal framework of activities of business companies in China are manifested in the conditions of formation of the authorized capital (the timing, amounts and types of payment, including payments at the time of registration), in the terms permitted by law to their participants; in the definition of the laws with regard to the quorum of the General meetings and number of votes for adoption of their decisions; in the composition, competence and responsibility of the Board of Directors and Supervisory Board; in the requirement of PRC law to establish companies and ensure the work of the Communist Party and Trade Unions; in the procedure of liquidation that requires uniform implementation stages. The results presented in this article are the source of relevant and up to date information about the existing law of one of the fastest growing countries in the world, and thus can be useful for practitioners with ties to China, as well as law enforcement bodies in Russia. It also serves as a source of valuable information that enriches the domestic private law.

Abstract:  
The subject matter of this article is comprised of the legal aspects of qualification and contestation of the refusal of an international institution to initiate a request to its other branch at the request of a business entity on the example of the EEC and the EurAsEC, which have previously dealt with such issues. The author seeks the answer to the question whether such refusal is an action or inaction of this institution. The review covers the most important facets of law enforcement, including features of prejudicial inquiries. The author comes from the subjective-objective orientation of processes and phenomena in the surrounding world. From this position, the author uses general scientific methods (system analysis and synthesis of normative and practical materials, etc.) and special legal methods of legal research (comparative, of interpretation of legal norms, etc.). The main conclusion of the conducted research is the idea that various integration associations, formed in different regions of our planet, in the course of their development face the same challenges in the functioning of their institutional systems. The experience of the ones that have a longer life is always useful, because it allows finding practically applicable solutions based on tested samples, which may be significant for the future. The results presented in this article can be useful for practitioners who have ties with the EU and the EurAsEC, as well as for law enforcement bodies in Russia. They also serve as a source of valuable information that enriches the domestic private law.
 
 

Abstract: The article addresses the issues of legal regulation of labor relations complicated by a foreign element within the BRICS countries on the example of South Africa. It identifies the main problems faced by countries with common law and civil law legal orders with regard to the inclusion of labor in the circulation of goods and services in the context of labor migration. The author offers a comparative legal study that opens opportunities to predict the direction in which economic coordination and integration with the participation of Russia could be further developed and relative legal regulations could be made in the future taking into account the urgent needs for the improvement of the existing Russian legislation. This work is done with the use of the following scientific methods: systemic analysis and synthesis of normative acts and practical materials, formal and dialectical logic: analysis, synthesis, induction, deduction, hypothesis, analogy, and special methods of legal studies – comparative legal and historical-legal, systemic analysis and interpretation of legal norms. The novelty of the research consists in the attention to legal regulation, problems and prospects of activity of trade unions, including the possibility of concluding supranational (international) collective agreements, in one of the five BRICS countries belonging to different legal orders - South Africa. The author explores legal aspects of the activities of trade unions, trying to answer the question if there any preconditions for unification of the results of their activities - collective agreements.

Abstract: The article addresses the issues of legal regulation of labor relations complicated by a foreign element within the BRICS countries on the example of South Africa. It identifies the main problems faced by countries with common law and civil law legal orders with regard to the inclusion of labor in the circulation of goods and services in the context of labor migration. The author offers a comparative legal study that opens opportunities to predict the direction in which economic coordination and integration with the participation of Russia could be further developed and relative legal regulations could be made in the future taking into account the urgent needs for the improvement of the existing Russian legislation. This work is done with the use of the following scientific methods: systemic analysis and synthesis of normative acts and practical materials, formal and dialectical logic: analysis, synthesis, induction, deduction, hypothesis, analogy, and special methods of legal studies – comparative legal and historical-legal, systemic analysis and interpretation of legal norms. The novelty of the research consists in the attention to legal regulation, problems and prospects of activity of trade unions, including the possibility of concluding supranational (international) collective agreements, in one of the five BRICS countries belonging to different legal orders - South Africa. The author explores legal aspects of the activities of trade unions, trying to answer the question if there any preconditions for unification of the results of their activities - collective agreements.

Abstract: The subject of this research is the corporate laws of the BRICS countries. The problematics of this association in Brazil, Russia, India, China, and South Africa lately attracts a higher number of financial experts, scholars, and politicians. But this article contains results of a solution to a principally different issue. Having compiled and analyzed modern scientific material and current corporate legislation of the BRICS countries in the area of corporate contractual associations, the author carefully examines such aspects of the topic as the functionality and order of general and limited partnerships in the countries in question. The scientific novelty of this research is defined by the fact that this work in essence represents a first diverse, systemic and comprehensive research of the issues of legal regulation of the activities of contractual forms of business within the BRICS countries, conducted using modern scientific legal material, including materials from law enforcement.

Abstract: The subject of this research is the corporate laws of the BRICS countries. The problematics of this association in Brazil, Russia, India, China, and South Africa lately attracts a higher number of financial experts, scholars, and politicians. But this article contains results of a solution to a principally different issue. Having compiled and analyzed modern scientific material and current corporate legislation of the BRICS countries in the area of corporate contractual associations, the author carefully examines such aspects of the topic as the functionality and order of general and limited partnerships in the countries in question. The scientific novelty of this research is defined by the fact that this work in essence represents a first diverse, systemic and comprehensive research of the issues of legal regulation of the activities of contractual forms of business within the BRICS countries, conducted using modern scientific legal material, including materials from law enforcement.

Abstract: The article touches upon certain issues of labour dispute-settlement with participation of a foreign element within the BRICS countries on the example of Russia, India and SAR, and continues the study, initiated in the article “Some issues of labour dispute-settlement with participation of a foreign element within the BRICS countries: the example of Brazil and China” (Law and Politics, 2015). The author's attention is concentrated on the litigation and conciliation-arbitration methods of resolving disputes in the context of the court–based and out-of-court (prejudicial) forms of settlement, as well as subjective-objective predetermination of any processes.This work is done with the use of the following scientific methods: systemic analysis and synthesis of normative acts and practical materials, formal and dialectical logic: analysis, synthesis, induction, deduction, hypothesis, analogy, and special methods of legal studies – comparative legal and historical-legal, systemic analysis and interpretation of legal norms.Scientific novelty of the research is determined by the fact that this work is essentially the first comprehensive and systematic study of the problems of legal framework of labor relations complicated by a foreign element within the BRICS countries in modern conditions. The problems of Russia and foreign countries-participants of the BRICS - Brazil, India, China and South Africa – have been recently attracting the attention of economists, scientists, politicians. However, the article contains the results of solving fundamentally different tasks, thus current scientific material and labour laws two of the five BRICS countries have been collected and analyzed in the context of labour dispute-settlement within their legal orders.

Abstract: The article touches upon certain issues of labour dispute-settlement with participation of a foreign element within the BRICS countries on the example of Russia, India and SAR, and continues the study, initiated in the article “Some issues of labour dispute-settlement with participation of a foreign element within the BRICS countries: the example of Brazil and China” (Law and Politics, 2015). The author's attention is concentrated on the litigation and conciliation-arbitration methods of resolving disputes in the context of the court–based and out-of-court (prejudicial) forms of settlement, as well as subjective-objective predetermination of any processes.This work is done with the use of the following scientific methods: systemic analysis and synthesis of normative acts and practical materials, formal and dialectical logic: analysis, synthesis, induction, deduction, hypothesis, analogy, and special methods of legal studies – comparative legal and historical-legal, systemic analysis and interpretation of legal norms.Scientific novelty of the research is determined by the fact that this work is essentially the first comprehensive and systematic study of the problems of legal framework of labor relations complicated by a foreign element within the BRICS countries in modern conditions. The problems of Russia and foreign countries-participants of the BRICS - Brazil, India, China and South Africa – have been recently attracting the attention of economists, scientists, politicians. However, the article contains the results of solving fundamentally different tasks, thus current scientific material and labour laws two of the five BRICS countries have been collected and analyzed in the context of labour dispute-settlement within their legal orders.

Abstract: The article touches upon certain issues of labor dispute-settlement with participation of a foreign element within the BRICS countries on the example of Brazil and China – two countries that have diametrically opposite views on the approaches to such a settlement, while reaching, at times, similar results. The author's attention is concentrated on the litigation and conciliation-arbitration methods of resolving disputes in the context of the court–based and out-of-court (prejudicial) forms of settlement, as well as subjective-objective predetermination of any processes. Scientific novelty of the research is determined by the fact that this work is essentially the first comprehensive and systematic study of the problems of legal framework of labor relations complicated by a foreign element within the BRICS countries in modern conditions. The problems of Russia and foreign member-states of the BRICS - Brazil, India, China and South Africa – have been recently attracting the attention of economists, scientists, and politicians. However, the article contains the results of solving fundamentally different tasks, thus current scientific material and labor laws two of the five BRICS countries have been collected and analyzed in the context of labor dispute-settlement within their legal orders.

Abstract: The article touches upon certain issues of labor dispute-settlement with participation of a foreign element within the BRICS countries on the example of Brazil and China – two countries that have diametrically opposite views on the approaches to such a settlement, while reaching, at times, similar results. The author's attention is concentrated on the litigation and conciliation-arbitration methods of resolving disputes in the context of the court–based and out-of-court (prejudicial) forms of settlement, as well as subjective-objective predetermination of any processes. Scientific novelty of the research is determined by the fact that this work is essentially the first comprehensive and systematic study of the problems of legal framework of labor relations complicated by a foreign element within the BRICS countries in modern conditions. The problems of Russia and foreign member-states of the BRICS - Brazil, India, China and South Africa – have been recently attracting the attention of economists, scientists, and politicians. However, the article contains the results of solving fundamentally different tasks, thus current scientific material and labor laws two of the five BRICS countries have been collected and analyzed in the context of labor dispute-settlement within their legal orders.

Abstract: This article reviews the ban on certain types of contracts by the antimonopoly legislation within the BRICS countries. The freedom of contract is a principle that is defined by the legal regulation, and limitations within it are extremely rare. The handling of the possible limitations to the freedom of contract is conducted by the antimonopoly authorities within the Russian legislation and legislation of the BRICS countries. The author comes to several conclusions, including that the antimonopoly legislation in all of the examined countries contains a number of limitations, and enacts bans regarding the subject of any type of agreements (contracts) that the companies sign. It is also concluded that the banned agreements can be legalized if their positive effects outweigh the negative consequences.

Abstract: This article reviews the ban on certain types of contracts by the antimonopoly legislation within the BRICS countries. The freedom of contract is a principle that is defined by the legal regulation, and limitations within it are extremely rare. The handling of the possible limitations to the freedom of contract is conducted by the antimonopoly authorities within the Russian legislation and legislation of the BRICS countries. The author comes to several conclusions, including that the antimonopoly legislation in all of the examined countries contains a number of limitations, and enacts bans regarding the subject of any type of agreements (contracts) that the companies sign. It is also concluded that the banned agreements can be legalized if their positive effects outweigh the negative consequences.