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«Russian Journal of Legal Studies» – юридический научный журнал.

E-ISSN 2413-7448

Периодичность – 2 раза в год.

Издается с 2014 года.

2 September 02, 2020


1. Pavel N. Biriukov
Audiovisual Works in EU and Member State Law

Russian Journal of Legal Studies, 2020, 7(2): 60-68.
DOI: 10.13187/rjls.2020.2.60CrossRef

The article discusses some aspects of the legal status of audiovisual works (hereinafter AW). Currently, the market for audiovisual media services is rapidly developing in the world thanks to the convergence of television and the Internet. TV content continues to account for the bulk of average watch time. New formats of audiovisual works (talk shows, games, court shows, etc.) are gaining in importance. In addition, suppliers of works from different countries enter the market. This requires updating the legal framework in order to strike a balance between access to online content services, consumer protection, protection of the interests of copyright holders, and competition. For these purposes, the EU adopts a large number of documents, both at the Union level and in the member states. At the same time, audiovisual works are considered from different points of view - copyright and related right, the law on means of individualization, the media, etc.

URL: http://ejournal25.com/journals_n/1597937722.pdf
Number of views: 292      Download in PDF

2. Krzysztof Bokwa, Iwo Jarosz
The History of Old Hungarian Private Law. An Unexpected Answer to Modern Challenges?

Russian Journal of Legal Studies, 2020, 7(2): 69-76.
DOI: 10.13187/rjls.2020.2.69CrossRef

The paper discusses the old Hungarian private law and its development, an issue regretfully virtually non-existent in the present Western legal scholarship. Its peculiar character, intertwined with a vital role played by custom and judge-made law, atypically in a civil-law system. The authors recount the history of the Hungarian laws and its oldest sources, beginning with Tripartitum. Afterward the turbulent history of Hungarian law in the 19th century is described, specifically the efforts to introduce and force upon Hungarians the then-modern Austrian law after the demise of the 1848 Spring of Nations upheaval, as well as the Hungarians’ efforts to resist such endeavours, successfully completed with the restating of the old legal system as executed by Judex-Curial Conference of 1861 through the Provisional Judicial Rules. Finally, the law-making role of the Hungarian courts is discussed. All that shows, when compared to other systems, that Hungarian private law, though it may seem obstructed from the interests of legal scholars in the West, is a creation of an exceptional character, whose careful examination may prove more and more expedient in the context of the decodifying and globalizing of law in 21st century.

URL: http://ejournal25.com/journals_n/1597937776.pdf
Number of views: 318      Download in PDF

3. Łukasz Chyla
The Exempt Offerings in the EU and the US-Comparative Perspective

Russian Journal of Legal Studies, 2020, 7(2): 77-87.
DOI: 10.13187/rjls.2020.2.77CrossRef

The prospectus – exempted offering framework plays a crucial role in the process of creating a more issuers-friendly capital markets by minimizing the “barriers to entry” (such as burdensome prospectus obligations and ongoing disclosure thereafter). Thanks to certain prospectus exemptions, SMEs have better opportunities to access critical funds in order to grow and scale. In recognition of the above, the prospectus law in the European Union and the United States has lately been subject to dynamic reforms, aimed at expanding the exempt offerings frameworks. In the EU, a landmark reform, followed by multiple changes on a national level, has been introduced by the Prospectus Regulation (EU) 2017/1129 (hereinafter – PR). In the US, for many years now, we have been observing major exempt offerings reforms, such as the “JOBS Act”, the “FAST Act” and the “Economic Growth Act”, followed by the SEC rules. The main objective of this article is to analyze and evaluate, from a comparative perspective, the EU and the US legal frameworks for offers exempted from prospectus obligations – especially in light of the latest reforms. The article is based mostly on scrutinizing sources of law, academic literature, reports and data published by market authorities.

URL: http://ejournal25.com/journals_n/1597937816.pdf
Number of views: 301      Download in PDF

4. Edgar Meyroyan
The Principle of Equitable and Reasonable Utilization in the Law of Transboundary Watercourses

Russian Journal of Legal Studies, 2020, 7(2): 88-99.
DOI: 10.13187/rjls.2020.2.88CrossRef

In view of the variance of substantive norms existing in the law of transboundary watercourses, which may also be categorized according to their importance, the author of the present work analyzes the principle of equitable and reasonable utilization of transboundary watercourses which as such stands to be the most progressive and fundamental principle on the basis of which the rest of the substantive norms of this particular sphere operate. The principle under discussion rests midway between the two competing doctrines of the law of transboundary watercourses: the absolute territorial sovereignty and absolute territorial integrity. Historically, when the rule of equitable and reasonable utilization was formulated, the corpus of international environmental law was premised upon concerns that were either completely unknown or of peripheral importance or contradictory inter se. The principle of equitable and reasonable utilization was thus formulated to reconcile many of those concerns and establish a new reality in the sphere under consideration.

URL: http://ejournal25.com/journals_n/1597937955.pdf
Number of views: 280      Download in PDF

5. Sergey E. Smirnykh
The Rights of Children with Disabilities in a Changing World Order

Russian Journal of Legal Studies, 2020, 7(2): 100-111.
DOI: 10.13187/rjls.2020.2.100CrossRef

The article deals with the rights of disabled children in changing world order. It is noted that children with disabilities have the right to protection from exploitation, violence and various abuse of their vulnerable position. Trafficking in children with disabilities related to forced begging is one of the criminal acts committed by human traffickers. Child traffickers also force victims to commit sexual exploitation or various street criminal acts. Forced begging by children is a grave violation of children's rights and requires urgent action both by individual States and by the international community as a whole. To protect children from forced child begging and to fulfil their international obligations, states must ensure that international legal instruments on begging, slavery, child labour, trafficking or child protection can be used to punish those who exploit children. Prevention was in some cases the only long-term solution to forced child begging, but efforts to achieve that goal took time and must be combined with other strategies, as children already abused needed more urgent assistance.

URL: http://ejournal25.com/journals_n/1597937997.pdf
Number of views: 284      Download in PDF

full number
URL: http://ejournal25.com/journals_n/1597938074.pdf
Number of views: 350      Download in PDF

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