INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Shugurov M.V., Shugurova I.V.
The European Union and Israel: political and legal problems of scientific and technological cooperation in modern conditions
// International Law and International Organizations.
2024. № 4.
P. 1-34.
DOI: 10.7256/2454-0633.2024.4.72127 EDN: BRIGJP URL: https://en.nbpublish.com/library_read_article.php?id=72127
Abstract:
The subject of the study is the complications in scientific and technological cooperation (STC) between the EU and Israel due to Israeli military actions in the Gaza area and their extremely negative humanitarian consequences. The purpose of the article is to reveal and systematize the political and legal problems that have arisen in the scientific and technological cooperation between the EU and Israel against the background of the unprecedented escalation of the Palestinian-Israeli conflict in 2023-2024. In a consistent form, the authors analyze the legal foundations of Israel's participation in the EU framework programs in the field of STC and determine the degree of its integration into the European Research Space. The specifics of the range of projects involving Israel in the EU framework programs are demonstrated, as well as the discussion points of the possible exclusion of Israel from participation in EU projects and programs in the field of STC are considered. The authors reveal in detail the factors that determine the specifics of the EU's scientific diplomacy towards Israel in the context of the current escalation of the Palestinian-Israeli conflict. The achievement of the set goal and the solution of the research tasks was based on the use of the following methodological base: the principle of historicism, the historical and legal method, the formal dogmatic method, the comparative method, the systematic approach, the modeling method and the forecasting method. The authors of the article concluded that there are sufficient legal instruments at the EU level to exclude Israeli scientific institutions and military companies from EU projects that develop dual-use technologies as a measure aimed at forcing Israel to change its policy towards the Gaza Strip. However, the European Commission does not intend to introduce restrictive measures, to adjust its traditional scientific diplomacy towards Israel, or to develop recommendations addressed to European scientific institutions, taking into account the current political situation. A special contribution of the article to the relevant field of research was that the authors explain the EU's position by the action of the following factors, namely the activity of the pro-Israel lobby, Germany's special approach to cooperation with Israel, the lack of unity within the EU academic community and, finally, the prospects for the militarization of European programs in the field of STC.
Keywords:
research funding, academic exchange, joint projects, innovation, framework programs, strategic partnership, academic boycott, anti-Israeli sanctions, scientific and technological cooperation, technology transfer
INTERNATIONAL ORGANIZATIONS AND INTERNATIONAL PRIVATE LAW
Reference:
Milchakova O.V.
Features of antimonopoly regulation of foreign investments
// International Law and International Organizations.
2024. № 4.
P. 35-50.
DOI: 10.7256/2454-0633.2024.4.72328 EDN: JOOVOK URL: https://en.nbpublish.com/library_read_article.php?id=72328
Abstract:
The object of this study is the relations connected with the implementation of foreign investments in the Russian economy. The subject of the study is the norms of antimonopoly legislation applicable to investment relations complicated by a foreign element. Special attention is paid to the peculiarities of antimonopoly control over economic concentration in the implementation of foreign investments, the prohibition of restrictive business practices and unfair competition of foreign investors, exceptions from the principle of national exhaustion of rights in relation to intellectual property rights in parallel imports, the prohibition of agreements and concerted actions restricting competition, exceptions from the general regime of protection against violations of antimonopoly legislation during tenders, the prohibition of actions (inactions) restricting competition in the cross-border commodity market. The author analyzes the norms of legislation and the legal positions of the courts. The methodological basis of the study was formed by general logical methods of theoretical analysis, as well as a special formal-legal method and a method of technical-legal analysis. The main conclusions of the study are the theses that, taking into account the need to ensure national economic security, a broader list of antitrust prohibitions on unfair actions, stricter rules for monitoring economic concentration (except for cases of redomiciliation of a foreign company in Russia), exemptions from the general regime of protection against violations of antitrust legislation during tenders (request for quotations, request for proposals), compared with persons registered in the Russian jurisdiction, goods, works, services of Russian origin, as well as special rules for considering cases of violations of competition in the cross-border commodity market have been established for foreign investors. At the same time, the features of antitrust regulation of foreign investments currently established by law need to be improved.
Keywords:
tenders, cross-border commodity market, unfair competition, anticompetitive agreements, economic concentration, Government Commission, Federal Antimonopoly Service, antitrust requirements, foreign investor, foreign investment
INTEGRATION LAW AND SUPRANATIONAL UNIONS
Reference:
Blinnikova A.V., Goncharov V.V., Malinovskii O.N., Cheshin A.V., Petrenko E.G.
International cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union
// International Law and International Organizations.
2024. № 4.
P. 51-63.
DOI: 10.7256/2454-0633.2024.4.72347 EDN: KDUEBG URL: https://en.nbpublish.com/library_read_article.php?id=72347
Abstract:
This article is devoted to the analysis of the current state and problems of the development of the institute of international cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union. The authors note that the Institute of public control, which in the countries of the European Union is referred to in the context of the terms "transparency" and "participation", is the most important institution of civil society in these states, which has a long history. Due to the fact that the European states have been increasingly converging in their interaction and cooperation over the past decades (which was reflected in the creation and development of the European Union as an international intergovernmental organization), similar processes of international and interstate cooperation are taking place in the processes of interaction between subjects of public control (subjects of civil society of the national states of Europe). This cooperation is carried out both within the framework of the European Union (through the creation of European unions and associations of various types of subjects of public control), and through cooperation of these European unions and associations with other international associations and unions of subjects of public control (subjects of civil society). A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The authors identified and analyzed the main problems hindering international cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union, among which the following can be distinguished: the absence of a single normative legal act in the European Union, which would consolidate the legal status and foundations of this international cooperation; weak powers as subjects of public control (subjects of civil society) in the EU countries and their European unions and associations (as well as international associations and unions in this field); weak development of the institute of international associations and unions of subjects of public control (subjects of civil society) in the world as a whole; insufficient use of modern digital technologies by these subjects both in their activities and in the processes of cooperation; the lack of unification of national legislation in this area both in the countries of the European Union and in the world as a whole. A system of measures to resolve these problems has been developed and justified.
Keywords:
social movements, international associations, international unions, civil society, European Union, public control, actors, international cooperation, transparency, participation
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Khairullina R.G., Ahmetov A.R., Shakirova I.A.
A differentiated approach of the legislator to criminal liability for the illegal movement of goods across the customs border of the EAEU or the State border of the Russian Federation
// International Law and International Organizations.
2024. № 4.
P. 64-73.
DOI: 10.7256/2454-0633.2024.4.72487 EDN: MVCDJT URL: https://en.nbpublish.com/library_read_article.php?id=72487
Abstract:
The article examines the legal transformations in the criminal legislation of the Russian Federation aimed at a differentiated approach to criminal liability for illegal movement of goods across the customs border of the Eurasian Economic Union or the State border of the Russian Federation. A fundamental question is raised about the relationship between the amendments to the Criminal Code and the Criminal Procedure Code of the Russian Federation. The authors of the study analyze the factors that prompted the legislator to make adjustments to the substantive and procedural criminal law norms governing prosecution for smuggling. The expediency of developing a research topic is determined by the fact that, taking into account the currently unstable foreign economic processes, as well as taking into account the provisions of substantive and procedural norms of law, it is necessary to develop new approaches to the identification and differentiation of smuggling. The methodological basis of the study was based on general scientific research methods. When writing the article, special legal methods were also used, in particular the intersectoral method, which made it possible to correlate the norms of the customs legislation of the Eurasian Economic Union, criminal and criminal procedure legislation of the Russian Federation on the illegal movement of goods across the customs border of the EAEU or the state border of the Russian Federation. The scientific novelty of the research lies in the issues of expanding scientific ideas about the provisions of the norms of the current criminal and criminal procedure legislation on bringing to justice for the illegal movement of goods across the customs border of the EAEU or the State border of the Russian Federation. The theoretical significance of the study lies in the observance of the principles of activity that guide customs and other government agencies in controlling the illegal movement of goods across the border, which are an important task in the application of legal norms. The conclusions drawn by the authors allow us to assess the correctness of the innovations introduced into the Russian criminal and criminal procedure legislation. The practical significance of the study is determined by the fact that the results of the study can be used in the practical activities of customs authorities in identifying and qualifying contraband.
Keywords:
norms of criminal procedure legislation, norms of criminal law, smuggling, illegal movement, movement across the border, EAEU member States, state border, Eurasian Economic Union, customs border, national security
INTERNATIONAL ORGANIZATIONS AND DEVELOPMENT OF SPECIFIC BRANCHES OF INTERNATIONAL PUBLIC LAW
Reference:
Zhukovskaya N.Y., Kalinina E.V., Radolin A.M.
The formation of the legal basis for international information security within the UN-format: stages and outcomes
// International Law and International Organizations.
2024. № 4.
P. 74-86.
DOI: 10.7256/2454-0633.2024.4.72650 EDN: UTAQAS URL: https://en.nbpublish.com/library_read_article.php?id=72650
Abstract:
The article presents the main milestones of the UN's 25-year effort to create an international information security system (IISS). The subject of the study includes the activities of both universal and specialized UN platforms, where discussions on IISS issues take place, as well as an analysis of the key agreements reached in this area, including those related to the «triad» of the most prominent security threats associated with ICT. Special attention is given to the diplomatic efforts of the Russian Federation to promote «equal, open, and peaceful» interaction among international law subjects in the information space. Additionally, the article examines the disagreements between Russia and the United States regarding IISS issues. The study uses a dialectical approach to the analysis of international relations. It employs a number of general scientific methods such as induction and deduction, analysis, and generalization. It also utilizes branch methods of humanitarian research, including the study of global processes, such as formal legal analysis, situational analysis, content analysis. Conclusions: 1) It is possible to minimize the threats associated with the negative impact of ICT on the national information space and the world as a whole by consolidating the efforts of all participants in information exchange, with the leading role played by states and national governments. The United Nations is one of the most suitable platforms for this purpose, although it is not the only one. 2) Relations arising in the field of safe use of ICT are only partially regulated by current principles and norms of international law at the level of general prohibitions. 3) The main obstacle to developing uniform standards in the area of information security is the inability to reach consensus on issues such as prohibition of military and political use of ICT, attribution of cyberattacks, interpretation of information security terms.
Keywords:
discussion, international law, cyberspace, International Telecommunication Union (ITU), responsible behavior, UN, Open-Ended Working Group (OEWG), Information and communication technologies (ICT), International Information Security, global information space
INTERNATIONAL ORGANIZATIONS, INTERNATIONAL LAW AND NATIONAL LAW
Reference:
Naumova T.Y.
The current state and trends in the development of the legal foundations of international military cooperation between the Russian Federation and foreign states
// International Law and International Organizations.
2024. № 4.
P. 87-100.
DOI: 10.7256/2454-0633.2024.4.72623 EDN: WABEDL URL: https://en.nbpublish.com/library_read_article.php?id=72623
Abstract:
The topic of studying the legal foundations of the organization and implementation of international military cooperation between Russia and foreign states in the light of recent international events and the development of armed conflicts is becoming particularly relevant. The object of the study is the international legal framework for international military cooperation of the Russian Federation. The subject of the work is the knowledge of the current state and trends in the development of the legal foundations of international military cooperation between the Russian Federation and foreign states. The purpose of the article is to study the legal foundations of international military cooperation between the Russian Federation and foreign states in the domestic circuit. To conduct the research and comprehensively disclose its subject, the article uses systematic and integrated approaches, comparative legal and doctrinal principles of research, as well as current developments in the field of modern theory of military activity of the state. The research methods are modern techniques and methods of cognition of the phenomena of legal reality in their social, natural, value-semantic and meaningful determination (analysis, synthesis, deduction, generalization, classification). The paper examines the essential aspects of the legal foundations and the importance of international military cooperation of the Russian Federation, gives a brief description of the military-political, military-technical and military-economic cooperation of the Russian Federation with foreign countries in the context of the functioning of new challenges and threats, as well as illegal sanctions pressure on the country. The main normative legal acts of the Russian Federation and law enforcement practice regulating the issues under consideration are presented. The position on the current state of international cooperation of the Russian Federation in the field of military education and military medicine is argued. The importance of developing modern and adequate approaches to the construction of the state policy of the Russian Federation in the field of planning, organization and implementation of international military cooperation in all its variety of types and forms is reflected.
Keywords:
Maintaining peace, relationships, national interests, National security, challenges and threats, military-technical cooperation, military activities of the State, peacekeeping operations, international military cooperation, international relations