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«Russian Journal of Legal Studies» – Law scientific Journal.

E-ISSN 2413-7448

Publication frequency – issued 2 times a year.

Issued from 2014.

1 March 31, 2020


1. Alexander Chufinev
Patentability Issues in International Law

Russian Journal of Legal Studies, 2020, 7(1): 3-8.
DOI: 10.13187/rjls.2020.1.3CrossRef

The article deals with intellectual property law. To date, protection of rights to intellectual property can be carried out in accordance with national, regional or international systems of protection. Particular attention is paid to the right to the invention. Patentability conditions, in turn, vary depending on the chosen system. This article discusses the current problems of patentability on the example of regional systems, as well as national law of the Russian Federation and Germany. The author also highlights relevant international legal issues, as well as practical and moral aspects. The author analyzes the norms of international and national law. The competence of the EAEU in the field of intellectual property protection is actively developing. On September 9, 2019, the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention was adopted. It became the basis for the creation of the Eurasian system of legal protection of industrial designs. EAEU law development issues are also the subject of this study.

URL: http://ejournal25.com/journals_n/1585677592.pdf
Number of views: 417      Download in PDF

2. Alirezā Lotfi Dodrān, Seyedeh Maryam Asadinejād, Seyed Mohammad Asadinejād
Impossibility of Surrender or Impossibility to Fulfill the Contract

Russian Journal of Legal Studies, 2020, 7(1): 9-16.
DOI: 10.13187/rjls.2020.1.9CrossRef

The item of transaction is either a property (like goods) or an action (doing the work), and the promisor should surrender the property that is being traded and he must fulfill the action if the item of transaction is an action. If at the time of the conclusion of the contract, there is no power to surrender the sold good or the promisor had no power for doing the action, the contract is void from the outset because of its risk. However, if for example, the seller had the power to surrender and the promisor also had the ability to do the action from the beginning, but after the contract he has failed to surrender the item of transaction or do the action permanently and absolutely due to the fault or accidentally; in this case, the contract was correct from the beginning until the time of incapability. However, when they fail to surrender, the contract is dissolved or terminated. Therefore, the contract will not be voided if the impossibility of surrender or impossibility in the fulfillment of the contract is temporary. Rather, it brings the impossibility of surrender for the beneficiary. Considering the fact that the legislator did not use the term of the option of impossibility of surrender, so there is a dispute on the right to terminate the contract in this respect, however, it can be understood from studying some of the regulations of this sentence.

URL: http://ejournal25.com/journals_n/1585680915.pdf
Number of views: 428      Download in PDF

3. Sayfiddin A. Juraev
Cultural and Humanitarian Aspects of Uzbek-Afghan Relations

Russian Journal of Legal Studies, 2020, 7(1): 17-28.
DOI: 10.13187/rjls.2020.1.17CrossRef

This article discusses the cultural and humanitarian factor as a system forming an element of bilateral relations. Some tendencies of cultural and humanitarian cooperation between Uzbekistan and Afghanistan are shown. Uzbekistan cooperates with neighboring countries in the frame of its regional policy. Afghanistan plays crucial role in this process. Since 2016, active cooperation in the cultural and humanitarian sphere has been observed in the relations. Uzbekistan has begun to train specialists for Afghanistan in its educational institutions. Uzbekistan – Afghanistan Friendship Society began to play its important role. Joint restorations are being carried out, which are a symbol of the common cultural and spiritual heritage of the resting places of great scientists and thinkers. Organized a number of different levels of scientific forums aimed at developing a solution to the crisis and peaceful development of the Islamic Republic of Afghanistan. One of the major causes of the ongoing Afghan crisis is the insufficient treatment of the cultural and humanitarian potential of the Afghan people. Targeted use of scientific and public events-with the participation of intellectuals, scientists, experts and practitioners of the country, consolidates all Afghans around the solution of the crisis and contributes to the peaceful development of Afghanistan. Therefore, conference diplomacy is actively used in Uzbekistan as a real tool in resolving regional problems.

URL: http://ejournal25.com/journals_n/1585681241.pdf
Number of views: 453      Download in PDF

4. Dmitry A. Kirillov, Ekaterina G. Sechenova
On the Simplified Models of Legal Understanding for Teaching Legal Knowledge in Russia

Russian Journal of Legal Studies, 2020, 7(1): 29-36.
DOI: 10.13187/rjls.2020.1.29CrossRef

The article discusses the approach to ensuring the practical focus of higher legal education under the conditions when a significant part of legal provisions "do not operate". For this, the the authors of the article propose using simplified models of legal understanding in the educational process. In developing these models, the authors of the article took into account the following circumstances. The teaching of legal disciplines in Russian universities is more and more complicated every year due to an increase in the number of laws that belong to the category of “acting” only formally, and therefore are not sources of law in the formal sense. Until about 2008, the teacher used the universal rule about the gap between the “static” form and the “dynamic” content. To explain the phenomenon of "unworking" laws such approach was didactically sufficient and methodologically correct. This rule indicated the need for the state to gradually eliminate obsolete laws from the legal space. However, in the last decade such an explanation has obviously become insufficient. So, by 2008, for a “median” practicing Russian lawyer, questions of whether or not this or that law worked in a particular legal situation were put forward as relevant; if the law works, then what “rule" should be applied instead of it to solve a legal problem. Accordingly, in the didactic aspect, a problem arose – how to restructure the teaching of legal disciplines if there are so many laws that are not sources of law (“do not work”). There are many concepts of legal understanding, from the positions of which one can explain the current state of things. However, most of them are difficult for students. The authors of the article propose a simplified model of legal understanding. It distinguishes three blocks - non-working laws, working laws, as well as the rules applied instead of non-working laws. For didactic purposes the authors of the article suggest to apply a differential use of such concepts as "legal law", "law", "feigned legal fact", "feigned legal space" depending on the audience's level of competence. A differentiated approach to groups of students with different levels of legal training also seems reasonable.

URL: http://ejournal25.com/journals_n/1585681411.pdf
Number of views: 423      Download in PDF

5. Sergey Krasov, Yakov Tikhonov
Political and Legal Status of International Organisation: Modern Problems

Russian Journal of Legal Studies, 2020, 7(1): 37-46.
DOI: 10.13187/rjls.2020.1.37CrossRef

This article is devoted to the analysis of the political and legal status of the European Union at the present time. The history of the formation and development of the EU is viewed. The author makes the assumption that the inclusion of the country in the European Union is a political decision. This fact is confirmed by the example of the fifth EU enlargement, and by attempt to include Turkey in the EU. A comparison of the integration processes occurring during the formation of the USSR and the EU is made, and it is concluded that they are similar. At the first stage of integration general authorities appear, and after that authorities unite and set free boundaries. Question of the political and legal form of the EU is considered. The author concludes that the development of European law and the European Communities, the expansion of their competencies, the emergence of supranational bodies, the opening of borders, the introduction of a single citizenship, the adoption of a single European currency and if the Constitution is adopted, would lead the European Union to the Confederation. However, the European Constitution was not adopted, thus the EU did not become a universal association, which differs from an international organization in its generally accepted sense.

URL: http://ejournal25.com/journals_n/1585682136.pdf
Number of views: 435      Download in PDF

6. Sergey E. Smirnykh
The Rights of Some of the Most Vulnerable Groups in International and National Law

Russian Journal of Legal Studies, 2020, 7(1): 47-57.
DOI: 10.13187/rjls.2020.1.47CrossRef

The article discusses the rights of some of the most vulnerable groups of the population in international and national law. In particular, it is noted that the rights of the most vulnerable groups of the population as a type of human rights exist within certain states. The implementation and protection of the rights of the most vulnerable groups of the population is a pressing issue, both for the entire international community and for individual states. The interaction of international and national law in the field of the rights of the most vulnerable groups of the population is carried out to satisfy social interests. One of the challenges in protecting the rights of the most vulnerable groups of the population is the need to intensify efforts to eradicate all forms of violence against women. In the context of globalization, the rights of children and persons with disabilities are also of great importance, both for individual states and for the entire world community as a whole.

URL: http://ejournal25.com/journals_n/1585682417.pdf
Number of views: 425      Download in PDF

full number
URL: http://ejournal25.com/journals_n/1585682461.pdf
Number of views: 484      Download in PDF

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