Abstract: In the era of globalization, international trade relations are an integral part of the economy of majority of the countries, including the Russian Federation. Increase of the role of entrepreneurship in the sphere of foreign trade entails escalated disputes. This article reviews the theoretical aspects of law enforcement practice on the disputes associated with foreign trade entrepreneurial activity. Analysis is conducted on legal regulation of foreign trade entrepreneurial activity, as well as Russian case law in the corresponding sphere, namely disputes considered in arbitration court, and theoretical research on the matter. Methodological framework is comprised of the general scientific and private scientific methods of cognition (dialectical, analysis and synthesis, induction and deduction, comparative-legal, and historical-legal). The author concludes on the lack of uniformity in the approaches used by arbitration courts towards determining the law applicable to transboundary agreements. The creation of uniform case law on the controversial issues requires taking into account the existing law enforcement practice, as well as unifying them based on accumulated experience. For example, in the Russian Federation this process could be facilitated through corresponding clarifications on the level of resolution of the Plenum of the Supreme Court of the Russian Federation with explanations on the key contentious issues pertaining to the disputes in foreign trade entrepreneurial activity. The presented materials can be used in further consideration of disputes in the sphere of foreign trade entrepreneurship, as well as in providing explanations of law enforcement practice.

Keywords: entrepreneurship, arbitration, judicial practice, customs authorities, economic sanctions, tariff and non-tariff regulation measures, economic measures, foreign trade activities, foreign economic contracts, application of law

Abstract: Determination of the existence of subject-matter jurisdiction is of practical importance for the entire dispute settlement process by the International Center for Settlement of Investment Disputes (ICSID), which was created for protection of the rights of foreign investors. The subject-matter jurisdiction of ICSID is conditioned by existence of an “investment”. Determination of existence of an investment in each particular dispute is attributed to the exclusive competence of the arbitral tribunal itself, since the concept of “investment” is not disclosed in the text of the Washington Convention. The authors assess the key features of the activity that is recognized as investment, used by the arbitrators conducting qualification of one or another transaction to establish whether or not they fall under requirements of the Article 25 of the Washington Convention. Special attention is turned to the methodology and practice of application of the aforementioned criteria. It is noted that in each criteria, the arbitrators determine their own structure. Detailed analysis is carried out on the issues of subject-matter jurisdiction in the decisions of ICSID , beginning with the Fedex case, in which the need to use objective criteria in determination of ICSID jurisdiction without their interpretation is pointed for the first time; and Salini case, in which the arbitrators disclosed the content of these criteria, as well as subsequent decisions that illustrated different approaches of the arbitrators towards interpreting the Salini test. The conclusion is made that despite the fact that the criteria used in modern arbitration practice developed in the Salini case do not possess regulatory characteristics, their presence allows making objective distinction between the investments protected on the level of international agreements and regular commercial transactions. The Salini test provides potential investors with the opportunity to assess risks prior to starting investment activity on the territory of a foreign country, as well as protect the parties to the investment relations from abuse.

Keywords: definition of investment, double keyhole approach, competence-competence principle, subject-matter jurisdiction, Salini Test, ICSID, investment arbitration, foreign investments, investment dispute, ICSID Convention

Abstract: Legal regulation of the use of video technologies in the Russian criminal procedure is conducted on the international and domestic levels. However, based on the primacy of international law recognized by the Russian Federation, the marker is the position of international community that is reflected in the normative legal acts of its special bodies, as well as on the doctrinal level. This article carries out the chronological analysis of the acts issued by international bodies and organizations pertaining to the use video conferencing in criminal proceedings. The subject of this research is the acts of international bodies and organizations that underlie the development of the national legal framework for the use of video conferencing in the Russian Federation. The analysis of normative acts that regulate the use of video conferencing in the Russian criminal procedure demonstrate that for the most part this question is being addressed in the international agreements ratified by the Russian Federation, rather than in the national legislation (considering the provisions of the Part 3 of the Article 1 of the Criminal Procedure Code of the Russian Federation). Leaning on the acquired results, the author concludes that such tendency can be explained by a number of circumstances, namely lag in the rates of digitalization compared to the leading European practices, insignificant period of approbation of the results of using video technologies, as well as relatively short period of intensive implementation of such technologies due to the amendments in criminal procedure policy of the country, which now requires exhaustive normative regulation. The author believes that it is more appropriate to begin the analysis of normative acts that determine the legal framework for application of video conferencing in criminal proceedings of the Russian Federation with the general principles and norms of international law and international agreements, since their role in intensification of the process of digital transformation of criminal procedure in Russia cannot be overestimated.

Keywords: multi-point conference, criminal process, international organizations, remote interrogation, right to a fair trial, UN, video conferencing, Digitalization, video technology, ECHR

Abstract: This article is dedicated to the assessment of current state of “digital space” of the Eurasian integration and prospects for its development. Based on the parallel analysis of political legal sources, international and domestic statistics, various indexes, as well as relevant literature, the author aims to demonstrate the achievements and difficulties in implementation of the digital agenda of the Eurasian Economic Union, and outline possible causes thereof. For solution of the research tasks, the author employs the results of monitoring of digital development processes of the EAEU, comparative approaches, as well as the general scientific methods of analysis, synthesis, hypotheses, etc. The conducted analysis demonstrates that despite the promotion of digital transformation on the domestic level by all EAEU member-states, the establishment of the single Eurasian digital space is slowing down. The conclusion is drawn on the disparity of political-legal (formal) and actual realities in promoting the project of the Eurasian digital integration. The comparison of relevant data of the Eurasian Economic Commission and Eurasian Development Bank and domestic statistics indicates that the GDP annual growth rate in the EAEU member-states due to the digital transition currently does not exceed 0.1%, which casts doubt on the possibility of achieving the key indicators established by the main vectors of implementation of digital agenda of the EAEU.  The author underlines the importance for consolidation of the “analogous” foundations of digital transformation, measures for boosting confidence, expansion of the number of stakeholders of the Eurasian project, and development of the mechanisms for interaction on all levels, including ordinary citizens, who are the major participants and beneficiaries of the digital transition.  

Keywords: Digital agenda, Kazakhstan, Russia, EU, European Union, EAEU, Eurasian Economic Union, Digital integration, Digital economy, Regulatory sandboxes

Abstract: This article carries out the conceptual analysis of development trends in control and oversight activity of the supreme audit institutions (supreme financial control bodies), which contributes to achieving the goals of sustainable development until 2030. The research leans on fundamental analysis of the principles of the Moscow Declaration endorsed by INTOSAI. The subject of this research is the financial-legal aspects of transformation of the status of control and audit bodies that exercise external financial control aimed at maintaining sustainable economic development of the society through implementation of principles of audit of budget funds. The article employs the method of dialectical scientific knowledge, which is based on the set of private and general scientific method, including formal-logical that interprets the norms and principles contained in the international declarations of the supreme audit institutions. The authors offer the classification of principles depending on the key vectors in the development of state audit (control) and contained explicitly in the vectors of development. Conflicts of principles established in the Mexican and Moscow INTOSAI Declarations are determined. The scientific novelty lies in substantiation of formation of the new special legal status of the supreme financial control bodies that not only verify legitimacy, effectiveness, and feasibility of budget expenditures, but are an external and independent strategic assistant to the government and executive authorities as well.  The authors conclude on the institutional change in the status of supreme financial control bodies.

Keywords: supreme audit institutions, INTOSAI, Moscow Declaration, international legal regulation, Mexican Declaration, state audit office, financial control, principles, strategic assistant, sustainable development