Proceedings of the XIV European-Asian "The value of law" (EAC-LAW 2020)最新文献

{"title":"Patent Regulation in the Field of Genome: Trends, Problems, Prospects","authors":"A. Lisachenko","doi":"10.2991/assehr.k.201205.033","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.033","url":null,"abstract":"The paper examines the situation that has developed in recent years in the field of patenting the results of genomic and genetic research and manipulation, the main trends and possible ways of developing relations and regulation in this area. This includes the role of Russia and the BRICS countries in the future world order, where genetic and genomic technologies and the fruits of their application will (and partly are already) one of the most important values. The author analyzes the existing and possible forms of securing rights to these values for copyright holders, and accounts the difference between genetics and genomics (and the gradual erosion of this difference with the appearance of «designer genes»). The author concludes that now there is no sufficiently developed, reasonable and workable alternative to the existing system of protection of the rights to the achievements of genetics and genomics while maintaining the expediency of searching for such an alternative. The existing system provides unreasonably many advantages to individual corporations and states that have managed to secure the largest possible amount of rights to the achievements of genetics and genomics. The paper analyzes some international acts designed to ensure a fair distribution of benefits between the owners of advanced technologies and the «suppliers» of the original genetic material. These have so far been undeservedly ignored in our country, but are gaining new significance in the course of the ongoing «genomic revolution» based on the mass application of the CRISPR-Cas genomic editing method. Possible directions for coordinated actions of the BRICS countries on patent cooperation in relation to the results of genomic and genetic research and manipulation are proposed. As one of the conclusions, it is indicated that the use of BRICS as a platform for building a better future for all mankind, and not only for patent holders, fully corresponds to the role and prospects of BRICS in the modern international system, stated in the Concept of the Participation of the Russian Federation in the BRICS association.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126045175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Issues of Using Blockchain Technology in the Issue and Circulation of Criptocurrency","authors":"M. Egorova, O. Kozhevina","doi":"10.2991/assehr.k.201205.016","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.016","url":null,"abstract":"The article discusses the legislative regulation of digital products based on distributed registry technology the blockchain. In particular, much attention is paid to the legal regulation of the issue, storage, exchange, purchase and sale of cryptocurrency. The study is based on a modern scientific methodology, including the doctrinal method, systematic approach and legal cybernetics, analysis of legislation and a comparative approach, legal statistics, legal forecasting. The novelty is the development, based on the systematization of foreign experience, regarding universal approaches to the legal regulation of mining and the cryptocurrency market. The specific problems of each sector of the activity on the issue and use of cryptocurrencies, as well as the main risks, were identified. The result of the study includes the identification of key aspects of the legal regulation of cryptocurrencies in different jurisdictions; determination of the content of the mechanism of their legal regulation; proposals regarding changes in domestic legislation on the regulation of mining and the cryptocurrency market. The content of digital law as a new emerging sub-sector is indicated. Сonclusions are drawn about the need for a legislative framework for the functioning of the digital market, including the cryptocurrency business. According to the authors, this is fundamentally important for full-fledged market integration in the global economic space, as well as the formation of a framework for the uniformity of digital law at the level of different jurisdictions.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114964752","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Value of Civil Law as a Regulator of Digitalization of Museums in the Russian Federation","authors":"Y. Noskova, L. Dobrynina","doi":"10.2991/assehr.k.201205.048","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.048","url":null,"abstract":"The modern museum is traditionally considered as the guardian of cultural and historical heritage of the society. Ambiguously, one can perceive the category of “cultural heritage” through different content based on social, cultural, economic established views. The use of information technologies in the activities of museums creates the prerequisites for the study of legal aspects in this area. The museum is now becoming an active participant in public relations, in accordance with its legal status and legal identity. The forms and procedure for the participation of museums in civil traffic in the digital space require legal regulation. Law is the guarantor of establishing a single procedure for transferring museum values to digital mode. The comprehensive influence of digital technologies provides for the creation of databases of museum objects with their description, attachment of images, and accounting operations related to the registration of new valuable items and their transfer to museum exhibitions; import and export abroad. Despite the patronage and financial support of museums the political and legal concept of the state is aimed at preserving cultural heritage, mainly through the mechanism of civil law regulation. Its exceptional value lies in the fact that civil law norms are aimed not only at regulating relations concerned with the preservation of cultural property related to museum objects, but also their circulation. The paper justifies the importance of the civil legal mechanism governing the digitalization of museum objects in the Russian Federation. The study serves a prerequisite for further analysis and identification of problems related to the adaptation of the mechanism of legal regulation of museum digitalization and its integration into social space. The scientific and practical significance of research results is the development of ideas about the features of civil and legal relations in the museum sphere related to the process of digitalization of museum objects.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114513640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"European Social Policy and Catholicism: A Historical Overview","authors":"K. Chilkina, N. Dorodonova","doi":"10.2991/assehr.k.201205.013","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.013","url":null,"abstract":"This paper presents a comprehensive analysis of the interaction between the Catholic Church and the European states in the sphere of social security. The purpose of the research is to determine cooperation between the State and the Church in the European countries in the social sphere. It is recognized that one of the first institutions that have responded to social challenges was the Catholic Church. In Germany, Austria, and Italy, this institution takes an integrative part in the social security process. In France, the State tries to give social support itself. It is concluded that nowadays Church continues to create a theoretical and practical framework for social security at different levels and in different forms. The research result is the following: Christian values influenced the social integration of the European countries.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131405514","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Legal Regulation of Landscape Use: The Genesis of the Conceptual-Categorical Apparatus","authors":"Lalita Abdullaeva","doi":"10.2991/assehr.k.201205.001","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.001","url":null,"abstract":"International legal protection of natural heritage, which includes landscape, is one of the highest priorities of various international organizations. The article examines the set of rules of the international law in the field of the legal protection of the landscape (primarily the UNESCO World Heritage Convention 1972 and The European Landscape Convention of the Council of Europe 2000) and the origin of the concept of the landscape in international law. The analysis of the scientific vision of the landscape identified various approaches to the definition of this term. The research reveals the ambiguity of the definition of the landscape in modern international law and a demand for a universal term, which is necessary to implement the concept of the international legal protection of the landscape. The paper outlines the features of the legal regulation of landscape protection in the national legal systems of European countries in various historical periods. It analyzes the development of international legal regulation of landscape protection since the beginning of the 20th century and specifies various ways of legal protection depending on landscape type. The author concludes that there is a special international legal regime for the protection of the landscapes, which are recognized as the objects of the common heritage of humankind and are applicable for the concept of intergenerational justice. This study can be continued in terms of human rights aspects of international cooperation in the field of landscape protection at the universal and regional international level.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133181571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Platform Work: The Perspectives for Regulation by Russian Labor Law","authors":"N. Lyutov","doi":"10.2991/assehr.k.201205.034","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.034","url":null,"abstract":"Due to the restrictions imposed because of the coronavirus infection, work through online platforms has become the focus of public attention and resonant public discussion. The article analyzes the prospects for the extension of labor law norms in this rapidly growing sector of employment. It is proposed to enshrine in the Labor Code a direct rule that work through online platforms, in which the platform sets the requirements for exactly how the work should be performed, should be qualified as labor under an employment contract. In addition, the author comes to the conclusion that it is necessary to adopt norms on the joint responsibility of the company owning the online platform and intermediary companies on which behalf the contracts are concluded with online workers. Longer-term and more fundamental decisions regarding new forms of employment should include a revision of the entire employment relations paradigm as well as the notion of actor of labor law. The employment relationship notion should be expanded and include the actors with currently transitional legal statuses in relation to contractors who do not have all the characteristics of an employee working under an employment contract, but are in need of legal protection due to economic dependence.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116555267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Regulation of Euthanasia: Global Trends and Russian Practice","authors":"V. Panchenko, N. Pastukhova, Konstantin Shushpanov, T. Shitova, I. Makarchuk","doi":"10.2991/assehr.k.201205.043","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.043","url":null,"abstract":"The purpose of the article is to formulate the main development trends in regulating the issue of euthanasia, based on an analysis of the legislation and law enforcement practice in Russia and foreign countries, to determine the place of Russian law in the system of world national jurisdictions on the issue of euthanasia, to identify ways of possible further development of Russian legislation in this area. The study showed that in relation to the regulation of euthanasia, modern states can be divided into three main types. The first type is distinguished by a categorical prohibition of euthanasia. The second type includes countries in which society has actually come to recognize euthanasia, but the legislation has not had time to adapt to changing social relations. In countries of the third type, euthanasia is officially established as a legal procedure. Russia is usually classified as a country of the first type, however, recent judicial practice allows us to judge the reorientation of attitude to this issue towards the countries of the second type. Analysis of the prohibition of euthanasia from a legal perspective entails the need to qualify such a ban as restricting the human right to life. There are no legal obstacles to a legalization of euthanasia in Russia.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132213071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal Law in the National Security System of Russia","authors":"I. Podroykina, V. Duyunov","doi":"10.2991/assehr.k.201205.052","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.052","url":null,"abstract":"The article defines that criminal law plays a special role in the system of legal support of national security, since it is the criminal law that is aimed at minimizing (neutralizing) the most dangerous manifestations of deviant behavior. Therefore, it is important to find ways to further increase the effectiveness of criminal law instruments for ensuring national security. After analyzing the processes of criminalization-decriminalization, the practice of sentencing, the positions of domestic researchers assessing the current trends, it was found that: firstly, in Russia there are no conceptual foundations of state policy in the field of combating crime, and the strategy and tactics of counteracting it are formed spontaneously to please momentary desires of power structures; secondly, in our country, the processes of criminalization dominate the processes of decriminalization, while the judicial practice followed the path of de-penalization, trying to mitigate the excessive severity and breadth of criminal repression through the use of the institutions of exemption from criminal liability, exemption from punishment, probation, as well as by imposing a punishment corresponding in size to a milder category of crime; thirdly, laws that amend the criminal law, for the most part, only lead to its destabilization, which does not contribute to the fulfillment of the function of ensuring national security by the criminal law. Most of the articles newly introduced into the Criminal Code have no practical applicability. Based on the study, in order to overcome the current crisis situation, the authors consider it necessary, firstly, to develop and adopt the conceptual foundations of the criminal policy of the Russian Federation, and secondly, to adopt a new version of the Criminal Code, taking into account the changed social relations, the real needs of the population and judicial practice.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124804183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ways to Combat Corruption in the Municipal Service System","authors":"E. Zinovyeva, S. Koptyakova, N. Kostina, N. Skvortsova","doi":"10.2991/assehr.k.201205.075","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.075","url":null,"abstract":"The article is devoted to the problems of combating corruption, identifying the sources of anti-corruption activities in the system of municipal service. A study of the specifics of anti-corruption activities in the system of municipal service was undertaken. The regulation of anti-corruption issues in the municipal service system involves the use of a restrictive or prohibitive effect on the behavior of municipal employees in the form of restrictions, prohibitions, duties, responsibility, and punishment. It has been established that restrictions on the rights of persons entering the municipal service are aimed at ensuring their efficient professional activities in the exercise of full powers of municipal structures, establishing obstacles to probable misuse of municipal employees, guaranteeing the implementation of civil rights. Instrumental psychophysiological studies are carried out using a technical device - polygraph, designed to assess the reliability of the received information as part of resolving the issue of person’s behavior in a corrupt situation.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"289 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121063211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Support of State Tax Sovereignty: Paradigm Change","authors":"M. Sadchikov, E. Pokachalova, Olga Yuryevna Bakaeva, M. B. Razgildieva","doi":"10.2991/assehr.k.201205.055","DOIUrl":"https://doi.org/10.2991/assehr.k.201205.055","url":null,"abstract":"","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121602827","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}