This paper includes a brief review of the systems for contesting decisions made by the Eurasian Patent Office regarding the issue of Eurasian patents for inventions - systems for administrative annulment of Eurasian patents for inventions and systems for invalidation of Eurasian patents for inventions by competent bodies of the Eurasian Patent Organization member states. Based on the analysis of the two systems conducted by the author, the conclusion is drawn that it is reasonable to create a uniform regional court jurisdiction under which an efficient mechanism will be generated to appeal the decisions about issue or refusal of Eurasian patents approved by the Eurasian Patent Office, the body of the international inter-governmental organization. Also, based on the statistics provided in the paper, the high quality of Eurasian patents for inventions issued by the Eurasian Patent Office as a result of carrying out a patent search across the global patent pool and an expert examination of Eurasian patent applications is summarized. A conclusion can be made about the need for the Eurasian Patent Office to participate in considering disputes associated with protectability of inventions protected based on the Eurasian patents that are contested in member states of the Eurasian Patent Convention. The goal of this participation will be to provide assistance to the patent owners in terms of protecting their interests regarding Eurasian patents for inventions.
The article reveals the relevance of the research topic taking into account the current international situation and the Russian political, legal and socio-economic reality. The objectives of the research are the need for scientific substantiation of the transformation of public authorities in order to ensure their organizational and legal unity and consistency as a condition for enhancing the effectiveness of their activities. The unfounded and flawed nature of the constitutional norm on the autonomous organization and functioning of state and local authorities is revealed. Proposals are proposed and substantiated on the need to include the principle of responsibility of heads of public authorities among other principles of responsibility. A proposal is made on the need to expand the range of subjects of legislative initiative in order to democratize the legislative process more. Logical, historical, comparative-legal, systemic and functional research methods are used.
The paper examines the issue of victim / witness testimony, an investigative procedure introduced in the Kyrgyz Republic Criminal Procedure Code in 2019. It can be argued that this institution enables the development of the adversarial principle and the principle of equality of parties in pre-trial proceedings. The author points out that for the Criminal Procedure code of some former Soviet states, this institution is new, though it was first reflected in English law of the 19th century. The author notes the debatable nature of re-examining a victim / witness when the merits of the case are considered. In this regard, improvement in Art. 208 of the existing Kyrgyz Republic Criminal Procedure Code is suggested. Additionally, the article examines the issue of what a deposition is - an investigative procedure or an institution. The author states that deposition of testimony is an investigative procedure.
The goal of this paper is to describe some aspects of one type of corruption - judicial corruption - and to minimize it by introducing into practice new legal provisions and digital technologies. The experience of some states, including Kyrgyzstan, in the use of digital technologies for minimizing corruption has been summarized in the paper. Also, the reasons have been provided for active development of new areas for anticorruption efforts by introducing digital technologies. According to the authors, digitalization can increase openness, public disclosure and transparency significantly, reveal corruptogenic ties, schemes and relationships, and optimize the anti-corruption efforts by the state. The research materials can prove useful for law enforcement agents who are working in corruption prevention, as well as for the general public interested in corruption problems.
The subject of the research is social relations in the field of ensuring and protecting human rights in the criminal process. The goal is to identify and to describe the factors that determine ensuring and protecting human rights in the criminal process. The hypothesis of the research suggests that there are positive and negative trends that influence ensuring and protecting human rights during criminal proceedings. Also, it is possible to identify basic components of these trends. General scientific methods (analysis, synthesis, a dialectical method) have been applied, as well as Hexagram - a categorical symbol-based approach. As a result, the main factors enabling ensuring and protecting human rights in the criminal process have been identified along with the main obstructions; correlations between them have been found and comprehended; a factor model has been designed to represent both factor groups comprehensively.
Conclusions: the factors enabling ensuring and protecting human rights in the criminal process include proper substantiation of the circumstances of the committed crime; the priority of human rights in legal and law enforcement activities; protection of those categories of individuals who cannot pursue their rights to the full extent. The factors preventing ensuring and protecting human rights in the criminal process include a criminal-legal conflict, legislation drawbacks, flaws in organizing law-enforcement activity. Range of applicability of the results: the resulting factor model facilitates the search for a comprehensive solution to the problem of ensuring and protecting human rights in the criminal process.
A specific nature of foreign economic relations determines a need for the generation of a new approach to the structure of its legal regulation. Its specificity is that the legal regulation of the aforementioned relations is formed in the context of various spheres of public life and branches of law. Relevant issues of judicial practice regarding litigations resulted from foreign economic transactions are examined in the paper. The research is based on the objective dialectic method of cognition of legal phenomena and procedures related to the selected topic and of the examination of their interconnections. Besides, the research is based on general scientific methods: analysis, synthesis, historical and logical methods, generalization, abstraction, system analysis, modelling and others. Currently, the national economy obviously tends to develop in a sinusoidal manner. It requires considering the possibility (in the frameworks of development of the intersectoral institute of foreign economic law) of using a chance to improve the mechanism of legal regulation in the field of state control over the external economic activities with a focus on judicial practice. The conducted research develops and specifies a theory of intersectoral linkages in respect to the relations in question. As a result of the conducted research, a unique legal regime of intersectoral functional legal institute of foreign economic law is established to change more prominently with the transformation of legal and objective realities.
The article deals with the issue of the specifics of bringing prosecutors to administrative responsibility of bodies and institutions of the prosecutor’s office of the Russian Federation. The main directions for improving the procedure and procedure for conducting an inspection (official investigation) of the fact that a prosecutor has committed an offense are considered. General scientific methods of cognition - materialistic and dialytic, method of analysis and synthesis, special legal methods: formal legal method and method of legal modeling. Based on an analysis of the judicial practice of bringing to administrative responsibility and the practice of bringing prosecutors to disciplinary responsibility in the framework of inspections (official investigations) in relation to prosecutors of bodies and institutions of the prosecutor’s office of the Russian Federation. It is proposed to recognize, taking into account the prevailing practice, the existing mechanism for bringing prosecutorial employees of bodies and institutions of the prosecutor’s office of the Russian Federation to administrative responsibility as having significant shortcomings, to make advising adjustments on the part of the Prosecutor General’s Office of the Russian Federation in the form of methodological recommendations, to work towards improving the mentoring mechanism and organizing personnel work in this direction.
The article discusses the legal framework for regulating labor migration in the Commonwealth of independent states (hereinafter referred to as the CIS). Particular attention is paid to the definition of ‘labor migration’ in the legal literature, international legislative documents and agreements about labor migration within the CIS. The author analyzes the UN Convention ‘On the Protection of the Rights of All Migrant Workers and Members of Their Families’, the ILO Migration for Employment Convention No. 97 (Revised), 1949, and the Agreement between the CIS states ‘On the protection of labor migrants and members of their families’, as well as individual intergovernmental agreements between the CIS states, some legislative acts of the CIS states. He defines the essence and features of the legal regulation of labor migration in the CIS states at the present stage of social development. At the conclusion the author presents his opinion regarding the definition of the term ‘labor migration’ and the ways of legal regulation of labor migration within the CIS.
Legal positions of supreme federal courts in the Russian Federation have a direct effect on the labor legislation, law enforcement practices, as well as the subject and method of labor law. Certain forms of this influence have not been studied by the science of labor law until recently that results in unlocked theoretical and practical potential for judicial legal positions on labor disputes. To discover the influence of these legal positions on the industry in general, their main functions shall be identified. Through philosophical, general-theoretical and special juridical analysis of academic literature, labor legislation, law enforcement practices, and international legal acts the attributes of the functions of legal positions of supreme federal courts have been identified, the relevant definition has been articulated, the structure of functions has been shown, and specific types of these functions have been discovered. The theoretical structures worked out during the research can be applied in practice as well. On the national level - to solve the problems of platform employment, to ensure a balance in unity and differentiation in labor law, and to improve the mechanism for social partnership. On the international level - for the Eurasian Economic Union member states to solve the problems associated with human resources mobility, protection of working migrants, social partnership, introduction of international labor standards.
The problem of protecting the labor rights of workers definitely attracts the attention of labor /scientists not only within the framework of national legal, but also cross-border legal field. Thus, new issues arise in this area during the unification of labor legislation within the framework of the Eurasian Economic Union. If the jurisdictional ways of protecting labor rights are to some extent developed within the framework of the national legal order of the member states of the Union, then the institution of self-defense is deprived of the attention of the legislator in these legal orders. In this regard, it seems important to analyze such a way of protecting rights as self-defense, guided not only by the ideas of the national development of the institute in the legislation of the Eurasian Economic Union member countries, but also its implementation within the framework of Union labor law. This work, as a scientific try to study the institute of self-defense by employees of their labor rights in the countries of the Eurasian Economic Union, takes as its basis a comparative legal scientific method. Applying this method, we can conclude that the legal model of self-defense of employees of their labor rights can be unified due to the uniform understanding of its nature by the legislation of most of the member countries of the Eurasian Economic Union. Nevertheless, the defective and obviously insufficient elaboration of the regulation of labor and legal self-defense in the studied legal systems shows a number of practical and theoretical problems that will ultimately affect the consolidation of such a legal model1 within the framework of the Eurasian Union labor law. In this regard, it seems important to present a single legal definition of self-defense, comprising the fundamental features of this method of protection. The adoption of such a term will allow to form a uniform understanding not only among labor scientists, but also among law enforcement agencies, and will serve as a starting point for the further development of the institute of self-defense in the Eurasian Economic Union.