Mozhuga V.V. —
The issues of legal regulation of protection of the objects of intellectual property by the customs agencies of the Customs Union member-states
// Law and Politics. – 2016. – ¹ 11.
– P. 1396 - 1401.
DOI: 10.7256/2454-0706.2016.11.12559
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Abstract:
The subject of this research is the legal grounds of protection of the objects of intellectual property by the Customs Union agencies. The author examines the problem of correlation between the international and national legislation of the countries regarding the questions of transfer of the goods containing the results of intellectual property. The work compares the order of implementation of measures on protection of the intellectual property objects within the framework of the registry deliveries control by ex officio, as well as realization of verification measures after the release of goods. The author analyzes the administrative legislation of three countries pertaining to the questions of expiration of statute of limitations for customs law violation. The method of comparative jurisprudence is implemented for analyzing the positions of legislation of the Customs Union member-states regarding the questions of protection of the intellectual property objects. Majority of the norms, which regulate that protection of the intellectual property objects by the customs agencies, is contained in the national legislation of the Customs Union member-states. The author believes that there is a need to unify legislation in the area of administrative accountability for violation of rights upon the objects of intellectual property, introduce it at the supranational level, as well as set a three-year term of limitations on this matter.
Mozhuga V.V. —
The issues of legal regulation of protection of the objects of intellectual property by the customs agencies of the Customs Union member-states
// Law and Politics. – 2016. – ¹ 11.
– P. 1396 - 1401.
DOI: 10.7256/2454-0706.2016.11.42637
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Abstract:
The subject of this research is the legal grounds of protection of the objects of intellectual property by the Customs Union agencies. The author examines the problem of correlation between the international and national legislation of the countries regarding the questions of transfer of the goods containing the results of intellectual property. The work compares the order of implementation of measures on protection of the intellectual property objects within the framework of the registry deliveries control by ex officio, as well as realization of verification measures after the release of goods. The author analyzes the administrative legislation of three countries pertaining to the questions of expiration of statute of limitations for customs law violation. The method of comparative jurisprudence is implemented for analyzing the positions of legislation of the Customs Union member-states regarding the questions of protection of the intellectual property objects. Majority of the norms, which regulate that protection of the intellectual property objects by the customs agencies, is contained in the national legislation of the Customs Union member-states. The author believes that there is a need to unify legislation in the area of administrative accountability for violation of rights upon the objects of intellectual property, introduce it at the supranational level, as well as set a three-year term of limitations on this matter.
Mozhuga V.V. —
Problems of customs valuation of goods, containing the objects of intellectual property
// Administrative and municipal law. – 2015. – ¹ 2.
– P. 168 - 173.
DOI: 10.7256/2454-0595.2015.2.12839
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Abstract: The research object includes the legal and methodological problems of license fees (royalties and flat payments) inclusion in the customs value of goods. The article analyzes the existing legislation in this sphere. The research subject includes the existing gaps in the national and international customs legislation in the sphere of movement of intellectual property objects across the border of the Customs union. The article defines the possible ways of inclusion of license fees into the customs value. The methodology of the research is based on the legal analysis and the content-analysis of the order of inclusion of license fees into the customs value of goods when crossing the border of the Customs union. The scientific originality consists in the complex study of customs and civil regulations in the sphere of intellectual property; the revelation of contradictions and gaps; suggestions about the enhancement of legislation in the sphere of movement of intellectual property objects across the customs border. In the author’s opinion, the custom authorities should take the following measures: it is necessary to define the documents establishing license fees payment as a condition for the goods selling; the calculation of interest payments when defining the customs value of goods, and the inclusion of agents’ fees into the customs value should be specified; it is recommended to distinctly represent the type of license fee and the order of its transfer, proved by the entries, in the license contract; it is necessary to regulate the disputable questions of deferred fixing of customs value.
Mozhuga V.V. —
Specifics of the hierarchical dependency of the sources of public law of the modern Russia in the context of forming the Eurasian Economic Community
// International Law. – 2015. – ¹ 1.
– P. 19 - 28.
DOI: 10.7256/2306-9899.2015.1.13962
URL: https://en.e-notabene.ru/wl/article_13962.html
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Abstract: The subject of this research is the hierarchical dependency of the sources of public law in the modern Russia and its influence on the changes in Russia’s structure in light of the integrational cooperation. An analysis is conducted on the approaches to the forming of hierarchical subordination of the sources of public law within the classic theory of law, as well as the current stage. A special emphasis is made on the influence of international acts that compose the contractual foundation of the Customs Union of Russia, Belarus, and Kazakhstan, as well as the emergence of sources of public law of international legal acts of direct effect within the system. The author structures a concept of creating a hierarchical system of sources of public law, determining the defining factors and legal forms of expression of this system taking into account the effect of international law.
Mozhuga V.V. —
Place of international treaties within the system of public law of the Russian Federation. Specific features of hierarchical dependency of various international treaties within the EurAsEC framework.
// International Law. – 2014. – ¹ 1.
– P. 63 - 86.
DOI: 10.7256/2306-9899.2014.1.10614
URL: https://en.e-notabene.ru/wl/article_10614.html
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Abstract: The study is devoted to the theoretical problems of hierarchical dependency of the sources of international law within the framework of public legislation of a state and their correlation with the Constitution of the Russian Federation. International treaties play an important role in the formation and functioning of the international regulation system of public law in the modern Russia. They regulate more and more intensive cooperation of states in various spheres. Currently the Russian Federation is a party to about 20 000 functioning international treaties. The first part of the article contains analysis of hte classification bases for recognizing which hierarchical level a certain international treaty belongs to. The second part describes the situation, which was formed in public law regulation of customs legal relations. The methodological basis for the study is legal analysis of legislative norms regulating the place of international treaties within the legal system of the Russian Federation. International public treaties, including international treaties in the sphere of customs law, form an inalienable part of the Russian legislation. They are sources of Russian law, and they also influence development of the entire system of law, conclusion of mutually profitable international treaties results in the development of favorable economic and political relations among the states. At the same time various direction of international treaties and their inclusion into different hierarchical levels according to different bases for classification creates significant problems in legal practice.
Mozhuga V.V. —
// Law and Politics. – 2014. – ¹ 1.
– P. 37 - 41.
DOI: 10.7256/2454-0706.2014.1.10647
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Mozhuga V.V. —
// Law and Politics. – 2014. – ¹ 1.
– P. 37 - 41.
DOI: 10.7256/2454-0706.2014.1.42395
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Mozhuga V.V. —
// International Law and International Organizations. – 2013. – ¹ 4.
– P. 583 - 588.
DOI: 10.7256/2454-0633.2013.4.9601
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