Akhmadova M.A., Schunina T.E. —
Expansion of the directions of experimental legal regimes (on the example of the federal territory "Sirius")
// Law and Politics. – 2025. – ¹ 3.
– P. 78 - 89.
DOI: 10.7256/2454-0706.2025.3.73005
URL: https://en.e-notabene.ru/lpmag/article_73005.html
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Abstract: The subject of the research in this article is the analysis of the prerequisites for the creation of experimental legal regimes in the legal legislation of the Russia. The authors have identified the positive effects of establishing experimental legal regimes in the context of the need to ensure technological sovereignty and train personnel with maximum immersion in the information technologies. The subject of the research is the analysis of the prerequisites for the creation of experimental legal regimes in the legal regulation of the Russian Federation and the expansion of their scope. The authors have identified the positive effects of establishing experimental legal regimes in the context of the need to ensure technological sovereignty and train personnel in a short time and with maximum immersion in the field of information technology, as well as identified the risks to the Russian legal system caused by the rapid spread of the practice of using this tool. The author's attention is also focused on the specifics of testing innovative approaches in the field of education within the framework of the experimental legal regime in the federal territory of Sirius. The author concludes that the need to mitigate the risk of loss of stability by the rule of law indicates the need to create a federal regulatory legal act that will create a unified conceptual framework, introduce a standard for establishing experimental legal regimes, and create a parametric scale of indicators for monitoring the effectiveness and efficiency of experimental legal regimes.
Akhmadova M.A. —
Legal regulation in the field of intellectual property as a factor in the growth or inhibition of the development of technological entrepreneurship
// Law and Politics. – 2024. – ¹ 12.
– P. 48 - 64.
DOI: 10.7256/2454-0706.2024.12.71781
URL: https://en.e-notabene.ru/lpmag/article_71781.html
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Abstract: The subject of the research in this article is the improvement of the legal regulation of intellectual property in order to ensure breakthrough scientific and technological development by stimulating the development of technological entrepreneurship in the context of the transition of the Russian economy to an innovative path of development. The share of intellectual property in the global economy is growing rapidly and, according to experts, by 2030 it will approach 30% of global GDP. This determines the need for optimal legal regulation of the field of intellectual property, designed to "create" business interest in increasing its knowledge intensity indicators and taking into account new political and economic realities. The focus of the author's attention is also on issues related to the difficulties of commercialization of intellectual property objects under legal protection, the tools developed and implemented by the regulator in order to find a balanced legal regulation of the sphere of legal relations under study are considered. The novelty of the research lies in the formulation of the problem, approaches to its study. The author concludes that in conditions of ensuring technological sovereignty and building an innovative economy, one of the strategic tasks of the state is to stimulate business to create, protect and introduce intellectual property objects into civil circulation. Relevant state authorities are implementing appropriate measures, expressed in conducting legal experiments, pilots to test new or significantly improved mechanisms to stimulate the commercialization of intellectual property results. The author notes that this process should also be reflected in the modernization of the regulatory legal framework, the prerequisites for this are, among other things, the results of the approbation of a legal experiment on complex expert and analytical support of developments from the planning stage to the release of innovative products.
Akhmadova M.A. —
Norms of international law in the field of application of the results of scientific research in the field of biotechnology (on the example of therapeutic and reproductive cloning and editing of the human genome) and their patent protection
// International Law and International Organizations. – 2024. – ¹ 3.
– P. 22 - 36.
DOI: 10.7256/2454-0633.2024.3.33231
URL: https://en.e-notabene.ru/mpmag/article_33231.html
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Abstract: The article is aimed at covering a number of issues in the field of legal regulation of innovative medical technologies based on intervention in the human genome and cloning (therapeutic and reproductive) in the context of the provisions of international law (conventions, declarations, bilateral agreements). In this format, the author examines some international acts that have created a legal paradigm for regulating scientific research in the area under study, defining the boundaries of admissibility of the introduction of the designated achievements of modern science in clinical medicine, which are designed to act as an effective tool in the fight against severe hereditary diseases, etc., which potentially predetermines their demand. The author focuses on the issue of patentability of these biotechnologies. The study used such methods of scientific knowledge as: general scientific dialectical, formal-legal and comparative-legal methods. At the same time, the author proceeds from the subjective-objective nature of processes and phenomena, and their interconnectedness. The novelty of the study is determined by its purpose, subject and range of sources considered. Thus, the author examines the provisions of both regulatory acts and soft law acts, emphasizing the peculiarities of the legal nature of both. In this format, the author formulates the conclusion that the system of international principles and standards formed by the considered acts and documents does not contain an explicit permission to carry out scientific research in the considered field of biotechnology with subsequent commercialization of the results that can be patented as inventions, which leads to the need to create a national legal foundation by modern states wishing to advance in this area, mandatory for execution, as a result of which the legal map of the world acquires a rather mosaic character, when innovative biotechnologies are distributed in countries with legislation loyal to scientific research, which are, in fact, "scientific offshores".
Akhmadova M.A. —
Legal regulation of the development and application of artificial intelligence in military sector of the Russian Federation in the context of the government strategy and ensuring the protection of intellectual property rights
// Law and Politics. – 2021. – ¹ 8.
– P. 26 - 42.
DOI: 10.7256/2454-0706.2021.8.36144
URL: https://en.e-notabene.ru/lpmag/article_36144.html
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Abstract: The subject of this research is the examination of legal perspective on the approaches towards regulation of artificial intelligence and robotic technologies in military sector of the Russian Federation, including in ensuring the protection of the results of intellectual activity of researchers and developers, as well as the analysis of law enforcement practice on the protection of intellectual property in the interests of the state. In this format, the author determines the key conditions for recognition of the results of intellectual activity of military, special, and dual purpose as protectable object in accordance with the effective civil legislation. Attention is given to the practical results of domestic military equipment development using the artificial intelligence systems. The scientific novelty consists in articulation of the problem and approaches towards its research. The conclusion is made wide use of artificial intelligence technologies in the sphere of ensuring national security, as well as regulation based on the technical approach, rather than legal, not only create advantages in the military context, but can also cause issues that must be resolved. Taking into account real achievements in legal regulation of the results of intellectual activity, including the theoretical component, the author ascertains the need for improvement of the legislative framework on both, federal level and bylaws, including for the purpose of achieving a uniform use of the conceptual-categorical apparatus.
Akhmadova M.A. —
International legal protection of copyrights in the medical sphere of BRICS countries
// International Law and International Organizations. – 2020. – ¹ 2.
– P. 40 - 53.
DOI: 10.7256/2454-0633.2020.2.32914
URL: https://en.e-notabene.ru/mpmag/article_32914.html
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Abstract: The subject of this research is multilateral international acts in the area of copyright that were joined by the BRICS countries – Berne Convention, Universal Copyright Convention, TRIPS Agreement, etc., as well as bilateral agreements between the governments of Russia and Brazil in 2007, Russia and India in 1994, Russia and China in 1992, Russia and South Africa in 2014, which regulate different legal aspects of realization of joint scientific and technological activity, namely in the sphere of medicine. Attention is focused on the problematic moments associated with the spread of copyright regime upon certain objects of medical activity. The scientific novelty of this work consists in articulation of the problem and approaches to its research. The authors comes to the conclusion that the BRICS countries have formed a sufficient international legal system for the protection of copyrights with one, but serious flaw substantiated by the refusal of India and Brazil to join the Agreement of World Intellectual Property Organization. Proliferation of scientific information through the Internet requires more stringent regulation on the international level, since it inflicts substantial damage to the authors of scientific works.
Akhmadova M.A. —
Certain guarantees of protection of investor right: national and intergovernmental level (on the example of Russia’ and China’s legislation)
// Law and Politics. – 2019. – ¹ 1.
– P. 46 - 53.
DOI: 10.7256/2454-0706.2019.1.28624
URL: https://en.e-notabene.ru/lpmag/article_28624.html
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Abstract: The subject of this research is the questions of providing certain legal guarantees to foreign investors, reflected in the provisions of national legislation considering its recent amendments, as well as the texts of bilateral intergovernmental agreements via example of Russia and China. The authors focuses attention on such guarantees as the guarantee for compensation in terms of expropriation (nationalization) of the property of foreign investor; transfer of payments related to realization of investment activity; insurance of noncommercial risks (of political nature) in the activity of foreign investors; stabilization clause, etc. The scientific novelty consists in the comparative-legal study of peculiarities of the content of legal guarantees provided to the foreign investors in Russia and China. The author comes to a conclusion that the approaches of a legislator towards the content of legal guarantees at the national level have certain variances, while the provisions of intergovernmental agreement between Russia and China of 2006 secures all of the fundamental state guarantees for the foreign investors that carry financial and political character.
Akhmadova M.A. —
Certain guarantees of protection of investor right: national and intergovernmental level (on the example of Russia’ and China’s legislation)
// Law and Politics. – 2019. – ¹ 1.
– P. 46 - 53.
DOI: 10.7256/2454-0706.2019.1.43207
URL: https://en.e-notabene.ru/lamag/article_43207.html
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Abstract: The subject of this research is the questions of providing certain legal guarantees to foreign investors, reflected in the provisions of national legislation considering its recent amendments, as well as the texts of bilateral intergovernmental agreements via example of Russia and China. The authors focuses attention on such guarantees as the guarantee for compensation in terms of expropriation (nationalization) of the property of foreign investor; transfer of payments related to realization of investment activity; insurance of noncommercial risks (of political nature) in the activity of foreign investors; stabilization clause, etc. The scientific novelty consists in the comparative-legal study of peculiarities of the content of legal guarantees provided to the foreign investors in Russia and China. The author comes to a conclusion that the approaches of a legislator towards the content of legal guarantees at the national level have certain variances, while the provisions of intergovernmental agreement between Russia and China of 2006 secures all of the fundamental state guarantees for the foreign investors that carry financial and political character.
Akhmadova M.A. —
Investment policy of BRICS nations (on the example of the Republic of South Africa)
// Law and Politics. – 2017. – ¹ 6.
– P. 44 - 54.
DOI: 10.7256/2454-0706.2017.6.23172
URL: https://en.e-notabene.ru/lpmag/article_23172.html
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Abstract: The subject this research is the questions of legal regulation and investment relations in BRICS member-states using the example of the Republic of South Africa, as well as key issues faced by the foreign investors in realization of various investment projects in this country. Proposed by the author comparative legal study covers certain aspects of the mechanism of admission of corporations with foreign investments to exploitation of mineral resources in South Africa, functioning of special economic zones, as well institutional structure involved in investments in this country. The scientific novelty consists in turning attention to the relevant questions of legal regulation of the investment relations in the conditions of reforms in the national investment legislation of South Africa, which became synonymous with the protectionist moods, justified by the state’s desire to overcome the Apartheid Regime, as well as preserve the country’s economic sovereignty.
Akhmadova M.A. —
Investment policy of BRICS nations (on the example of the Republic of South Africa)
// Law and Politics. – 2017. – ¹ 6.
– P. 44 - 54.
DOI: 10.7256/2454-0706.2017.6.42924
URL: https://en.e-notabene.ru/lamag/article_42924.html
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Abstract: The subject this research is the questions of legal regulation and investment relations in BRICS member-states using the example of the Republic of South Africa, as well as key issues faced by the foreign investors in realization of various investment projects in this country. Proposed by the author comparative legal study covers certain aspects of the mechanism of admission of corporations with foreign investments to exploitation of mineral resources in South Africa, functioning of special economic zones, as well institutional structure involved in investments in this country. The scientific novelty consists in turning attention to the relevant questions of legal regulation of the investment relations in the conditions of reforms in the national investment legislation of South Africa, which became synonymous with the protectionist moods, justified by the state’s desire to overcome the Apartheid Regime, as well as preserve the country’s economic sovereignty.