The purpose of the research. The article examines the main international legal acts of the universal level that form the International Bill of Human Rights (UDHR, ICCPR and ICESCR), which contain articles that enshrine the right of men and women to marry and found a family. The article contains the comprehensive study of views of the relevant treaty bodies (Committees), established on the basis of two International Covenants, on the understanding of the institution of family in a human rights context, which were set out by the HRC and CESCR in their general comments and concluding observations on the periodic reports of the States parties. Results. The article provides an almost exhaustive list of those aspects that are raised by the views of the HRC and the CESCR in relation to the relevant provisions of the ICCPR and ICESCR on the family, which they understand as the union of a man and a woman on the basis of marriage. Thus, the author tries to achieve the main purpose of the research: a family as a natural social basis of society and as a legal institution widely used in the international human rights law has nothing to do with LGBT+ issues.
This article is aimed at understanding the current state and necessity of transformation of traditional mechanisms for protecting the competitive environment under the influence of networking and the place of blockchain in the regulatory system in the context of applying new competitive tools (aggregators price algorithms) based on the experience of foreign countries, including the perspective and approaches of newest law enforcement (judicial) practice, taking into account the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. Based on analytical reflections on the information gathered from sources and literature from the list of references the author analyzes legal framework of competition protection developed in the new technological reality, takes into account the approaches of foreign countries and the Russian Federation that determine the acceptability of the application of blockchain in the field of legal protection of competition. The relevance, theoretical and practical significance of this research is due to the emergence of new tools (aggregators and price algorithms) of competitive market struggle in the light of application of a blockchain technology that might influence the competition. The author's results are presented, among others, in the idea of the possibility of "transfer" of anti-competitive actions (price manipulation and collusion, unequal sale / distribution of information / advertising, etc. conditions) to the niche occupied by price algorithms and aggregators of information, and the need to establish a new legal framework of these new market factors.
This article is aimed at studying of theoretical issues of implementing network contracts (smart contracts) on the example of Russia and foreign countries, based on the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. The article analyzes the provisions of approaches to the legal regulation of network contracts (smart contracts) developed in the new technological reality, taking into account the experience of foreign countries and the Russian Federation that determine the acceptability of the use of blockchain in the field of legal regulation of such a type of interaction between the parties to the contract that is updated according to present technological era. The relevance, theoretical and practical significance of this research is due to the emergence of new tools for interaction between the parties to the contract in the context of using blockchain technology. The author's results, among other things, are presented in the idea that the ability to compile codes by software tools that ensure the fulfillment of obligations under contracts (smart contracts) that are used in the blockchain network not only expands the latter's utilities from simple information storage to participation in the system of economic transactions, but also is an excellent tool for automatic fulfillment of the obligations stated in them.
This article is aimed at identifying of legal framework and ethical problems of euthanasia in two of the five BRICS countries belonging to the Anglo-Saxon system of law - India and South Africa. In this format, the article analyzes the approaches of these countries that create patterns of admissibility of euthanasia, its potential and ethical and legal basis for today, based on analytical reflections on the information gathered from sources and literature from the list of sources and literature. The relevance of this research is due to the fact that a number of approaches to legislation and the judicial acts under study can be useful in finding answers to similar questions related to euthanasia on our, Russian legal order. The analyzed ethical and legal experience is reflected both in historical (1986, 1996, 2011) and in new (2015, 2018) judicial acts. Thus, this study serves to fill the existing gap. The author's results are presented in the identified partial similarity of approaches based on adherence to the Anglo-Saxon system of law, and differences in the understanding of the grounds for the permissibility of euthanasia. The theoretical and practical significance of the results obtained is determined by the fact that Russian readers will be provided with up-to-date scientific information about the state of the Indian and South African approaches in the field under study, which in practical terms will contribute to understanding the gap (or lack thereof) with the approaches of Russian researchers and practitioners (lawyers, etc.).
This article aims to demonstrates some facets of the current state of legal regulation and ethical problems of application of new medical technologies in reproduction, therapy and genetic modification of humans, plants and animals through the prism of intellectual property rights protection and based on: the materials of a number of normative acts (laws, ministerial Regulations) of one of the BRICS countries - South Africe. In this format, based on analytical reflections over information taken from sources and literature from the list of sources and literature, as well as a number of legal provisions driven to life by the existence and application of such technologies and new knowledge; opinions, ideas and ethical and legal discussions, the article analyzes the provisions of South Africa's approaches that create patterns of application of new medical technologies, the potential and ethical and legal basis for such development, taking into account the current views of the doctrine and legislation. The relevance of this research is due to the fact that a number of approaches to legislation and ethical approaches under study are new and could not be considered in studies of an earlier period. Thus, this study serves to fill this gap. The author's results are presented in the light of the identified state interest within the framework of the liberal model of the relationship between law and bioethics in delineating the boundaries of permissible (notpermissible) use of new medical technologies in the field of reproduction and treatment of human, genetic modification of humans, animals and plants not only from the perspective of legal and ethical constraints, permissions and prohibitions but the implementation of the provisions of applicable South African legislation on the intellectual property rights protection, which, due to its examination request system, can not guarantee that the patented product - the result of genetic modification - can be freely used in South Africa with regard to the restrictions and prohibitions established by 2003 Act and relevant Regulations No. 175, 177, 180. The theoretical and practical significance of the results obtained is determined by the fact that Russian readers will be provided with up-to-date scientific information about the state of Indian legislation and doctrine, and other ideas in the field under study, which in practical terms will contribute to understanding the gap (or lack thereof) in the achievements in this field of Russian and foreign researchers and practitioners in terms of their implications at the level of practice and legislation.
The author analyzes the institution of child support in Italy in the article. The issues of establishing the amount of alimony in court and by concluding an alimony agreement are considered: factors affecting the amount of alimony, grounds for revising this amount and the consequences of non-fulfillment of obligations. The obligation to support children in terms of the payment of alimony is considered both in relation to minor children and in relation to children who have reached the age of majority. The features of the institution of alimony obligations for a child in Italy are considered by the author not only on the basis of regulatory legal acts, but also on the basis of the established law enforcement practice, which makes it possible to eliminate many legal gaps.
The article touches upon the competition, rivalry, "war" of brands of manufacturers of robotic autonomous (unmanned) equipped and non-equipped with artificial intelligence weapons systems (drones) in the context of the boundaries of application for their protection by patents and know-how. The relevance of the research is due to the fact that many states seek to implement the strategies they have adopted for the development of artificial intelligence, including that in the military sphere, which requires understanding of the approaches of Russia and foreign countries, including those in the development and implementation of such technologies from the perspective of law. The scientific novelty of the research is determined by the goal itself and the results of the work. Thus, based on the study of the products and economic indicators of the leaders in the market of artificial intelligence and unmanned vehicles for civil and military purposes, the main motives for expanding the market of unmanned weapons systems, ways to promote the corresponding products in the market of (non -) military technologies are identified. From the point of view of protection by brands under examination of their developments, patent protection and the know-how mechanism are considered in comparison, practical examples of the implementation of such approaches are given. It is revealed that the number of countries using (and wishing to use) UAVs in the military sphere exceeds the number of countries producing them, as a result competition between manufacturers manifests itself in the form of a "war" of brands of these products. The "wars" of non-military and military industry brands have similarities and differences. The lack of differentiation of UAV manufacturers by production volumes and areas of civil or military use leads to the conditionality of determining the leaders in the production of these products. At the same time, the modern industry in practice implements a mixed type of legal protection, when the main development is protected by a patent, and its individual details (technical solutions and methods of their implementation) are contained in the know-how mode according to the laws on trade secrets.
The purpose of this article is to identify the main trends of development of criminal legal policy of EU countries in the field of combating crimes against the environment in the context of growing global environmental crisis and the development of consumer society the example of France, Germany, Spain and Italy, the features of statutory regulation of the characteristics of environmental crimes and prescribe the penalties in the legislation of the countries under consideration. The relevance of the problem under study is due to a significant degree of public danger of environmental crimes, their high latency, and therefore the fight against encroachments on the environment is recognized as one of the priority areas of the criminal policy of the EU countries. Criminal legislation plays a crucial role in the system of legal norms for countering environmental crimes. Conclusions. Despite the legal integration of EU countries in the field of environmental protection and the adoption of the Directive of the European Parliament and of the Council of 19.11.2008, which imposes obligations on member States to introduce certain elements of criminal acts into national legislation, the constitutional and criminal law norms of individual States do not differ in a uniform approach to environmental protection. However, the legislative regulations of the European Parliament have influenced the reform of criminal legislation in a number of countries in the direction of increasing responsibility for environmental crimes and introducing special chapters in the criminal codes that combine criminal acts that infringe on natural objects. The importance of the natural environment, flora and fauna as independent objects of criminal law protection is underestimated, so the severity of criminal repression depends on such a sign as causing harm to human health and life by environmental offenses.
