Contents of issue # 11/2016

Complex Branches in the System of Law and in Legislation System  Pdf 16

E. E. TONKOV, V. S. SINENKO

E. E. Tonkov, doctor of legal sciences, professor
The Law Institute of the Belgorod National Research University
85, Pobeda st., Belgorod, Russia, 308015
E-mail: ETonkov@bsu.edu.ru

V. S. Sinenko, candidate of legal sciences, associate professor
The Law Institute of the Belgorod National Research University
85, Pobeda st., Belgorod, Russia, 308015
E-mail: sinenko@bsu.edu.ru

The article deals with the reasonableness of inclusion into legal science and system of law new complex branches of law. It often occurs in spite of the generally recognized principles of systems of law construction. The authors criticize the constant increase in the number of complex branches of law, assuming that complex branches can only exist in legislation. Isolation of complex branches in the legal system is an attempt to summarize the phenomenon on the basis of different methodological approaches. Formation of the system of law as opposed to the system of legislation is carried out on the basis of essential unity but not functional unity relations. Essential unity of social relations is characterized by the homogeneity of their qualitative characteristics due to socio-economic basis prevailing in a society. The building of the legal system on the basis of essential unity of the controlled relationship allows to apply a single method of legal regulation and to identify the presence of systemic relations between the norms of the individual branch of law and specific principles of legal regulation.

Keywords: system of law, system of legislation, subject and method of branch of law, complex branch of law, formation of branches of law.

DOI: 10.12737/22205

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Features and Perspectives of Legal Regulation of Lobbying in Russia  Pdf 16

E. I. SPEKTOR

candidate of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: e-spektor@yandex.ru

In this paper the author revealed various approaches of lobbying legal regulation overseas and its legal regulation problems in Russia through the prism of analysis of a number of draft laws regulating the institute of lobbying and law-enforcement practice. Despite the ambiguous attitude toward this institution existing in the society the author proves the necessity of its legal interpretation and legislative recognition. Institutionalization of lobbying activity and the regulation of a transparent mechanism for the coordination of political, economic and other groups’ interests in the process of legislative drafting are the most acute and relates to one of the most important anti-corruption initiatives.

Keywords: lobbyism, lobbying, institute of lobbyism, interests, the mechanism of legal regulation, corruption, anti-corruption initiatives.

DOI: 10.12737/21986

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Jus Puniendi as the First Stage of the Genesis of Law  Pdf 16

K. V. KORSAKOV

candidate of legal sciences, associate professor
The Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences
16, S. Kovalevskaya st., Ekaterinburg, Russia, 620048
E-mail: korsakovekb@yandex.ru

There is a consideration of genesis and specificity of one of the historically known varieties of law. That is jus puniendi (archaic law) on the pre-state stage of development of society and human civilization in legal, anthropological and cultural aspects. A critical analysis of some of the most common legal science’ point of view and approach to the description and explanation of this form of normative regulation of human behavior are shown and presented. Conclusions both as the causes and the conditions of emergence and as socio-legal nature of this type of law are formulated. The author differentiates this type of law from customary law and offers to name it not a rudimentary or primitive law, but jus puniendi of primitive pre-state era. It is concluded that the system of prohibitions-taboo was not only one of the conditions of functioning of the emerging social system, but also the key to man's passage from a natural state to social and punitive law has become an element of the emergence of legal culture and the emergence of the latter marked the border between an animal herd and a human society.

Keywords: the origin of law, archaic law, the genesis of law, legal anthropology, jus puniendi, primitive society, mono rules.

DOI: 10.12737/22196

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Problems of Debt Collection Legal Regulation  Pdf 16

M. K. BELOBABCHENKO

candidate of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: mbelobabchenko@mail.ru

The subject of this article is the regulations adopted on 21 June 2016 State Duma of the Russian Federation and entered into force on 3 July 2016 the Federal law No. 230-FZ “On Protection of Rights and Legitimate Interests of Individuals with the Implementation of Overdue Debts and on Amendments to the Federal Law “On Microfinance Performance and Microfinance Organizations”. The author analyzes the effectiveness of the existing regulatory framework governing the activities of organizations to collect overdue debts of individuals. It should be stated that the existing rules do not ensure protection of the rights and interests of individuals in arrears on consumer loans from illegal actions of collectors and at the same time do not regulate the legal framework within which collectors must perform. The current regulatory framework does not provide the balance of the interests of debtors and collection agencies. All these led to the need for a special law to regulate the activities of collection agencies. The adopted Law sets the mandatory state registration of organizations whose primary activity is the collection of debts. It defines the requirements both to the organization (in terms of charter capital and the order of formation) and to its employees when they undertake activities on debt collection. The law has a number of controversial provisions, which are considered by the author of the article; however, in whole a positive evaluation is given.

Keywords: collection activities, debt recovery, collection agency, consumer loan, assignment of rights (claims), arrears.

DOI: 10.12737/21987

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The Principle of Solidarity in the Civil Law of Russia  Pdf 16

E. V. BOGDANOV, E. E. BOGDANOVA, D. E. BOGDANOV

E. V. Bogdanov, doctor of legal sciences, professor
Plekhanov Russian University of Economics
36, Stremyany lane, Moscow, Russia, 117997
E-mail: bogdanov.de@yandex.ru

E. E. Bogdanova, doctor of legal sciences
Kutafin Moscow State Law University
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 123995
E-mail: civil_law_msal@mail.ru

D. E. Bogdanov, doctor of legal sciences
Plekhanov Russian University of Economics
36, Stremyany lane, Moscow, Russia, 117997
E-mail: bogdanov.de@yandex.ru

The present work reveals the content of the principle of solidarity in civil relations. The principle of solidarity reflects interests of society and an individual as a single social system that allows one to form relationships between the members of society based on solidarity and not on individualism, when pursuing profit making and own interests the interests of both society and the contract partners are ignored. In case there are individualism and selfishness in society centrifugal forces operate, what pulls apart society into some (atomic) unit. But if there are the interests of solidarity then centripetal forces operate, that unites society, integrates the interests of the members of society and of the entire society. It allows reaching not only the balance of interests between the partners in the agreement, but also equilibrium and stability in society. Therefore, the principle of solidarity is of particular importance for the formation process of civil society.

Keywords: social state, principle of solidarity, legal regulation, civil relations, corporate contract, civil society, competition, balance of interests.

DOI: 10.12737/22206

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Conflict of Laws Regulation of Compensation for Harm Caused by the Defects in Goods, Work, or Services  Pdf 16

T. P. LAZAREVA

candidate of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117216
E-mail: pil@izak.ru

The article deals with the conflict of laws regulation of compensation for damage caused by a product (works or services) in terms of amendments to Part III of the Civil Code of the Russian Federation by the Federal Law No. 260-FZ of September 30, 2013. It is noted that the effect of the basic principle (lex loci delicti) for non-contractual obligations in the field of products liability (works, services) is limited by the establishment of special forms of attachment due to the specifics of these relations that require a differentiated approach. On the basis of comparison of the legislation of certain countries, as well as Article 5 “Product liability” of the Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) tendencies of conflicts regulation in this area are identified based on the “cascade” system of norms, which allows to take into account various cases of causing of harm. It was concluded that despite some differences the Russian legal rules in general meet requirements of modern conflict of laws rules on product liability in most European countries.

Keywords: conflict of laws regulation, compensation for harm, defects in goods, work, or services, habitual residence of the person claimed to be liable, habitual residence of the person sustaining the damage, the law of the country in which the product was acquired.

DOI: 10.12737/21988

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Theoretical Grounds of the Challenging of the Transactions under the Bankruptcy Legislation  Pdf 16

A. A. AYUROVA

The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: Ayuna-ayurova@yandex.ru

A lot of national and foreign researchers attempted to examine the theoretical grounds of the challenging of the transactions under the bankruptcy legislation. Thus, tort and quasi-delictual theory, the theory of executive power of the judgment, the theory of the judicial lien and legal theory have been developed. However, until now there hasn’t been developed a unified approach to understanding of the question of what is the basis of the creditor’s right to demand recognition of the debtor’s invalid transaction committed by itself with a third party, in respect of which insolvency (bankruptcy) case has been initiated. This paper analyzes the main concepts developed in support of the rights of the creditor and assesses their strengths and weaknesses. The study and its findings formulated on the basis of the former have allowed the author to offer his own opinion based on challenging the debtor's transactions. The author reveals the purpose of legal regulation of invalidity of transactions the debtor committed to them on the eve of bankruptcy. This purpose is to protect the rights and property interests of both the debtor and the creditors, as well as is the formal (violation of the law) and material (violation of the property rights of the debtor and its creditors) base to contest the transactions.

Keywords: bankruptcy, debtor, deals contestation, foundation of the creditor’s right to contest deals.

DOI: 10.12737/22197

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Law Enforcement Public Service: to Be or not to Be?  Pdf 16

S. E. CHANNOV

doctor of legal sciences, professor
Stolypin Volga Region Institute of Administration — the branch of the Russian Presidential Academy
of National Economy and Public Administration under the President of the Russian Federation
23/25, Sobornaya st., Saratov, Russia, 410031
E-mail: sergeychannov@yandex.ru

The article discusses the current state of the law enforcement public service legislation. It is noted that the development of the legal regulation of law enforcement service over the past decade shows that legislators don’t understand to the full extent its specificity and differences from other types of public service. The author criticizes the refusal to use the term “law enforcement service” in the Federal Law “On the public service of the Russian Federation”, according to author's opinion the service at specific positions in law enforcement service has a number of features in comparison with civil and military service and is characterized by a certain internal unity. The article compares approaches to the legal regulation of service at certain positions in different law enforcement agencies. The author notes that taken in recent years legislative acts concerning the service in law enforcement agencies mostly contain overlapping rules. This situation violates one of the principles of legal technique - maximum economy of norms in the presentation of legal regulations, prevention of their repetitions.

Keywords: public service, law enforcement service, law enforcement, legislation.

DOI: 10.12737/21989

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Correlation of State Regulation and Self-Regulation Methods  Pdf 16

E. V. POZDNYSHEVA, S. A. SINITSYN

E. V. Pozdnysheva, candidate of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: civil@izak.ru

S. A. Sinitsyn, candidate of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: synss@mail.ru

Regulation of economic relations is not homogeneous both in terms of its contents in statics, and in terms of specific methods, forms and means of legal influence in dynamics. An important role in regulation of economic relations at the present stage of their development belongs to self-regulation institutions. This entrusted science with a task of justification of this form of economic interaction and integration within the economic activity regulation mechanism. The issues of correlation of state regulation and self-regulation are debatable and still unsettled definitely: development and transformation of forms of state regulation of economy; understanding of self-regulation as an antipode of state regulation. The authors came to a conclusion that self-regulation is a specific instrument of regulation of economic relations which cannot be considered as a derivative of state regulation or be defined at the discretion of private law subjects. As a consequence, methods of state regulation and selfregulation shall differ. Tasks and methods of self-regulation and state regulation of economic relations are different. At state regulation, an authorization-based method prevails, while at self-regulation the principle “everything which is not forbidden is allowed” is used. This is manifested in the following aspects of correlation of these two mechanisms of regulation of economic relations.

Keywords: state regulation, self-regulation, economic relations.

DOI: 10.12737/21990

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The Place of Budget Expenditures in System of Financial Law  Pdf 16

Yu. V. PYATKOVSKAYA

candidate of legal sciences, associate professor
Baikal State University
11, Lenin st., Irkutsk, Russia, 664003
E-mail: julart@yandex.ru

The article is devoted to the determination of place of the norms regulating budgetary costs of the system of financial law, which has important theoretical and practical significant. The author emphasizes the need for a systematic approach in addressing the issue of the construction of an effective mechanism for legal regulation of budget expenditures. Various points of view on the place of institute of budget expenditures in the system of financial law, expressed in the Soviet and modern science of financial law, are analyzed. It is proposed to include the state and municipal revenues, state and municipal expenditures, state and municipal loans in the special part of the financial law. Budget Law is considered as a complex sub-sector of financial law. The article concludes that the norms regulating the budgetary costs are included in the sub-sector of financial law “state and local expenditures” as also are the part of the complex sub-sector of financial law “budget law”.

Keywords: financial law, the system of financial law, budget expenditures, public (state) expenditures, budget law.

DOI: 10.12737/21992

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On the Legal Problems of Assessment of Public Authorities  Pdf 16

O. Yu. EREMINA

The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: eremina_ou@mail.ru

The article deals with the one of the tools of performance management — assessment of public authorities, namely the analysis of the legal provision of this tool. For analyzing from all public bodies were chosen executive authorities of the Russian Federation. An approbation of estimation procedure of executive authorities started with lower levels of executive system of the Russian Federation — executive bodies of subjects of the Russian Federation and local self-government. A number of laws which introduced in legal system of the Russian Federation the criteria and indicators of the effectiveness of the above authorities was adopted. Practical application of the adopted documents proved inviability of adopted documents, the inability to objectively evaluate activity of executive authorities of the Russian Federation and local authorities. Major efforts to change the volume and content of the fixed performance were carried out. The article analyzes the newly adopted documents.

Keywords: assessment, quality, operational efficiency, legal security, the executive authorities, performance indicators.

DOI: 10.12737/21993

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Trends of the Development of Criminal Law at the Modern Stage  Pdf 16

A. A. GRAVINA

candidate of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: crim@izak.ru

The article analyses the modern criminal law, factors having negative effect on its development according with social, political and economic needs in the Russian Federation. Humanism is the main stream determining these trends. The author treats exercise of the principle of humanism in General and Special parts of the Criminal Code of the Russian Federation. The work provides criminal statistics of the recent years. It pays particular attention to the reasons disturbing stability of law, leading to excess of legal regulation and excess of repressiveness of criminal law. It is impossible to predict the trends of criminal law without taking into account the political, social, economic development of the society, which determine the criminal policy of the country. The stability of law is also determined by them. The main methods of criminal policy are criminalization, decriminalization, penalization and depenalization. The article considers influence of criminalization and decriminalization on criminal law. The main trends in the development of criminal law is the further differentiation of criminal responsibility and expanding the list of forms of punishment not connected with isolation of guilty person from a society; introduction of less severe punishment. Some forms of differentiation of criminal liability such as — returning of administrative prejudice to criminal law, transfer of certain types of punishment to the category of other measures of criminal law applicable to the exemption from criminal liability; forecasting of introduction some new types of offences to the Criminal Code as well as support of the preparation of the Concept of modernization of criminal law.

Keywords: modernization of criminal law, conceptual fundamentals of the Criminal Code, humanization of criminal law, stability of law, criminalization, decriminalization, differentiation of criminal liability, excess of criminal law influence.

DOI: 10.12737/21994

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Real Served Term in Case of Parole: Problems of Determination  Pdf 16

R. O. DOLOTOV

candidate of legal sciences, associate professor
The National Research University “Higher School of Economics”
20, Myasnitskaya st., Moscow, Russia, 101000
E-mail: rdolotov@hse.ru

The article is devoted to the practice of parole. The main goal of the study is to determine if is it properly to include a period of house arrest in six months term of imprisonment, necessary for the creation of the right to parole. The article proves that in practice they judge from the following conclusion: as the period of house arrest is included in the period of detention, and the detention period is included in the term of imprisonment, so when a real served term for parole is determined it is necessary to include in it the period of house arrest. The author explains that such conclusion is flawed since it is based on a dogmatic rather than systemic interpretation of the Criminal Code and the Criminal Procedure Code of the Russian Federation without understanding the role which plays set by the legislator six months term in case of parole in the system of criminal law measures.

Keywords: parole, house arrest, detention, imprisonment.

DOI: 10.12737/22198

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Individualization of Punishment Taking into Account the Nature and Degree of Public Danger  Pdf 16

V. N. VORONIN

candidate of legal sciences
Kutafin Moscow State Law University
9, Sadovaya-Kudrinskaya st., Moscow, Russia, 125993
E-mail: voronin@zakon.ru

Part 3 of article 60 of the Criminal Code of the Russian Federation refers to the common criteria of individualization of punishment the nature and degree of public danger of committed crime in each criminal case. The purpose of this article is to analyze the legal practice of this provision, as well as the construction of clarification on the issue of taking into consideration the public danger, which will be useful for the judiciary. For this purpose the author supposes to solve following problems: analysis of dogmatic ideas about the nature and degree of public danger; search for factors that courts consider in determining public danger in judicial practice; analysis of the survey data of judges from different regions of the country. As a result the author concludes that the nature of public danger depends on the object of the offense and cannot influence on individualization of punishment, because it was considered by the legislator when constructing the corresponding article of the Special Part and therefore should be excluded from Part 3 of art. 60 of the Criminal Code of the Russian Federation. Degree of public danger when individualizing is determined subject to the objective and subjective elements of a crime. The author proposed to make recommendations on considering into account degree of public danger in the judgment 22.12.2015 No. 58 adopted by the Plenum of the Supreme Court of the Russian Federation “On practice of criminal sentencing by courts of the Russian Federation”.

Keywords: individualization of punishment, individualization of the criteria, the nature of public danger, the degree of public danger.

DOI: 10.12737/22199

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Disciplinary Responsibility of Employees of State Corporations, State Companies for Violation of Duties and Failure to Bans with the Restrictions in Russian Law as a Measure of Combating Corruption  Pdf 16

L. A. LOMAKINA

candidate of legal sciences, associate professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: lomakina_la@mail.ru

The article examines the disciplinary responsibility of employees of the state corporations and the state companies under Russian law as a measure of combating corruption. Responsibilities and common prohibitions for persons occupying positions in Federal public service were imposed on employees of state corporations and public companies, working on the basis of an employment contract, to implement the provisions of the UN Convention against corruption 2003 and to establish a unified system of prohibitions and restrictions that ensure the prevention of corruption in the Russian Federation. There is a new rule providing for disciplinary action for neglect of duty and violation of the prohibitions specified employees in the Labour code of the Russian Federation. Establishing at the legislative level the features of labour regulation of employees of state corporations and state companies and as a consequence disciplinary responsibility for non-compliance is caused by specifics of activities of state corporations and state companies, established by the Russian Federation to perform the tasks assigned to Federal government agencies.

Keywords: disciplinary misconduct, elements of the disciplinary offence, personal interest, conflict of interest, types of disciplinary penalties for violation of the prohibitions for employees of state corporations and state companies, list of duties, prohibitions for employees working under an employment contract in state corporations and state companies.

DOI: 10.12737/21995

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Labours’ Right Protection of the Groups of Workers  Pdf 16

N. A. KNYAZEVA

candidate of legal sciences
The Central Branch of the Russian State University of Justice
69a, Novocheremushkinskaya st., Moscow, Russia, 117418
E-mail: Knyazhna-Nataly@yandex.ru

The article pays attention to the fact that as a rule violations of labours’ right protection are of mass proportions, but the labor legislation does not provide the possibility for collective defense. Features of the labours’ right protection predetermine the necessity for restoration of the rights of one employee to solve the question about other employees whose rights have been violated in the same way. Following this line of reasoning and taking into account the identified advantages of collective defense, there was substantiated the necessity of recognition of the collective right for protection in a case of simultaneous violations of the rights of a few (group) of employees by the same employer. In the article there were formulated the attribute which has to meet the group of employees for purposes of collective defense. Some peculiarities of realization of the collective right to protection were also analyzed in present article. Special attention was paid to the collective suspension of work and classaction lawsuit as measures of collective judicial protection.

Keywords: labours’ right protection, labour dispute, collective protection, group of workers, selfdefense, litigation defense, class action.

DOI: 10.12737/22200

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The Recognition and Justification of Russia's Sovereignty over its Natural Resources  Pdf 16

S. A. BOGOLYUBOV

doctor of legal sciences, professor, honored scientist of the Russian Federation
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: ecology@izak.ru

The global situation in the sphere of natural resources determines the legal basis of responsibility of individual states for rational use and protection of these resources. In the Russian Constitution and Russian legislation provide the powers of the Russian Federation in the sphere of sustainable development and rational use of land, subsoil, water, forests, wildlife, recognition and justification of its sovereignty. The independence of Russia in the field of nature management and environmental protection is based on international principles, Federal laws and regulations, and justified by the environmental vector of the national economy modernization, legislation, and manifested in the implementation of free citizens' access to natural resources, participation in discussion, adoption of ecologically important decisions, in development of the independent state and public environmental expertise of economic projects, strategic assessments of environmental situations.

Keywords: sovereignty, natural resources, Constitution of the Russian Federation, Federal legislation, environmental protection.

DOI: 10.12737/22201

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The Concept of Land Lot and its Correspondence with Similar Terms  Pdf 16

D. A. TOTOCHENKO

candidate of legal sciences
The Omsk Academy of Ministry of Internal Affairs of the Russian Federation
7, Komarov ave., Omsk, Russia, 644092
E-mail: Den-omsk@mail.ru

The article deals with the concept of “land lot”, “land”, “ground”, “acreage”, “adjacent property” and other similar terms. The author analyzes the characteristics of the land lot, which allow to define it as an individually certain thing and offers to complete the list of its characteristics by natural and anthropogenic one. The natural and anthropogenic characteristic will cover the presence on the land lot of natural objects which were modified as a result of economic and other activities, or objects created by human which have the features of natural object and recreational and protective value. The definition of land lot and its delimitation from other related terms used in land legislation have an important practical significance. Primarily it manifests itself in the fact that taxation, making the transaction connected with transition of rights as well as the opportunity to use litigation when a dispute arises, in full measure can be implemented only in respect of land lot that meets the requirements contained in the legislation. The article contains some recommendations for improvement of the land legislation in the sphere concerned. According to the author, taking into account of the main provisions contained in the article during legislative activities would eliminate existing disadvantages of the legal acts of the, thereby to increase the efficiency of the legal regulation of land relations.

Keywords: land, earth, soil, land, contiguous land.

DOI: 10.12737/22202

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Eurasian Economic Union: Borders Extension and Legal Reality  Pdf 16

A. A. KASHIRKINA

candidate of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: ccla1@izak.ru

Eurasian integration and the functioning of the Eurasian Economic Union are important parameters for the development of the modern practices of international organizations and associations. The study of the features of the ways of the Eurasian integration is necessary to determine further ways of improvement of the Eurasian Economic Union and efficiency upgrading of it. The article focuses on the scientific problems of possible growth and expansion of the Eurasian Economic Union. The author shows different possible ways of such movement and growth. Extensive way of growth should be seen in the enlargement of the member-states of the Eurasian Economic Union. In this case it should be noted that during two years of functioning of the Eurasian Economic Union, established by of three States — Russia, Belarus and Kazakhstan, have joined the Republic of Armenia and the Kyrgyz Republic. Another way is increasing and intensification, i.e. intensification of international relations of the Eurasian Economic Union with different subjects of international law, primarily States and international organisations as SCO, ASEAN, European Union. It must be accented the entry of the Eurasian economic Union into the international stage of foreign trade relations with Vietnam and Serbia. In the forecast is conclusion of treaties with China, Israel, Mongolia and South Korea. In such relationships the Eurasian Economic Union will be able to implement its international legal personality, which is stipulated by the Agreement on the Eurasian Economic Union.

Keywords: integration, Eurasian Economic Union, international agreement, international organization, Russian Federation, Republic of Belarus, Republic of Kazakhstan, Republic of Armenia, Kyrgyz Republic, international legal personality, extension.

DOI: 10.12737/21996

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Features of the International Legal Protection of Appellations of Origin and Geographical Indications in the Light of the Adoption on May 20, 2015 of the Geneva Act of the Lisbon Agreement  Pdf 16

E. A. SHAKHNAZAROVA

postgraduate student
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: elena2009new@mail.ru

Currently, the issues of legal protection of appellations of origin and geographical indications are of particular relevance. Due to the current historically terminological uncertainty, there is a need to joint in the international dimension of the various systems of data protection of intellectual property. In order to solve this problem in the framework of the World Intellectual Property Organization on May 20, 2015 was adopted the Geneva Act of the Lisbon Agreement, which allows to carry out the international registration not only of appellations of origin and geographic indications, and also allows to accede to the Lisbon agreement of the several international organizations. The activities of the World Intellectual Property Organization for the improvement of the Lisbon system aimed at widening of its participants, modification of the Lisbon Agreement of appellations of origin and inclusion in the Lisbon system the provisions on the protection of geographical indications on the basis of their international registration.

Keywords: geographical indication, appellation of origin of goods, means of individualization, international registration.

DOI: 10.12737/22203

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Professor V. A. Egiazarov’s 80th Anniversary  Pdf 16

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