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International law is an effective tool for preventing and resolving conflicts between countries, as well as for facilitating their efficient cooperation in the fields of security, trade, and the protection of human rights. With the emergence of interstate bodies that accept appeals from citizens who disagree with the way their interests were protected within the state, the scope of international law has expanded to include not only the states and their peoples (which is why this law is called “international”) but also individuals who can now be considered subjects of international law. However, in recent years, the authority of international law has seriously weakened. The reasons for this are the selective attitudes toward the fulfillment of obligations assumed by individual governments,“double standards” in the application of generally recognized norms and principles to different states, and outright pressure exerted on interstate bodies by countries claiming global hegemony. The authors prove that international law can well regain its former trust and effectively serve its purposes of promoting peace, universal security, and justice. They support their claim by providing examples of such interstate associations as BRICS, the Shanghai Cooperation Organization, and the Eurasian Economic Union, which are based on and successfully operate on the principles of multipolarity, equality, and mutual respect. The article highlights the efforts made by the Russian Federation and the People’s Republic of China aimed at the strict observance of the principles of state sovereignty, human rights, and freedoms, including the right to speak one’s native language, as well as the principles of equality and justice in resolving disputes that arise in international relations.

Introduction: the article considers norms of the conventions for the pacific settlement of international disputes adopted on May 6 (18), 1899 and October 5 (18), 1907 in The Hague on the initiative of the Russian Emperor Nicholas II. Attention is drawn to the proposal to establish procedures for the work of international commissions of inquiry in relation to various situations of an interstate nature. It was assumed that they would resolve disputes between states that did not concern honor or essential interests, but only related to differences in the assessment of factual circumstances. The initiators of the proposals, members of the Russian delegation, believed that raising the issue was timely, relevant and would be significant in resolving individual interstate conflicts. Purpose: by studying archival documents, conventions of 1899 and 1907 for the pacific settlement of international disputes, works of researchers of that period, to bring to the legal community the information about origins of the issues of disarmament, rules of warfare, and peaceful settlement of international disputes with a view to their possible use in making individual decisions in the modern period. Methods: content analysis, analysis, comparison, comparative historical, formalization, comparative legal, structural and functional, with a focus on a systematic approach. The results of the study of historical documents, the analysis of individual facts related to the work of international commissions of inquiry for the pacific settlement of international disputes, and the application of the analogy method to modern conditions are also of applied importance. The article reveals legal grounds for concluding agreements between the disputing parties, the timing of the creation of commissions, procedures for their activities – place of residence, conditions of relocation, language of communication, powers of the chairman, members, commissioners, the specifics of preparing final documents, and their role.

The article analyzes the problems associated with recognizing a cyberattack on a NATO member state as a reason to declare war (casus belli). The article reveals the evolution of the Alliance's approaches to the issues of cyber threats and cyber defense from the Prague Summit in 2002 to the Brussels Summit in 2021. The article discusses the criteria proposed in the Tallinn Manual on the International Law Applicable to Cyber Warfare that make it possible to classify a cyberattack as an act of use of force. Statistics on cyberattacks are presented and their relevance to international law and cybersecurity is noted. Purpose: to analyze the conditions and circumstances under which a cyberattack may be considered by NATO countries as a reason to declare war. Methods: formallegal, historical-systemic, retrospective. Results: the study has led to the following conclusions. First, despite existing international legal norms, the criteria for recognizing a cyberattack as a casus belli remain unclear, which allows NATO countries to retain flexibility in responding to cyber threats. Second, the application of Article 5 of the North Atlantic Treaty by NATO countries does not oblige them to unconditionally and without alternative to launch armed actions against the source state, but only requires other NATO members to provide any possible and appropriate assistance to the affected party.

Objective: to identify the prospects of international trade in the light of synchronizing Incoterms with smart contracts.Methods: the study is based on the general scientific methods of analysis, synthesis, comparison, and formal-legal method necessary to analyze the provisions of Incoterms.Results: the authors analyzed the provisions of Incoterms and technological innovations in commercial law; showed the connection between the practice of commercial law and technological development due to the inclusion of contractual terms in blockchain. It is noted that the integration of blockchain technology with smart contracts has led to a variety of automated business transactions and the creation of a platform for synthetic assets trading. The authors describe the possibilities of secure and easy transactions in international trade using blockchain. Despite the uniqueness of this technology, its different types are distinguished, namely: public, private, hybrid, and consortium blockchain. It is substantiated that the synchronization of Incoterms with smart contracts can improve the prospects of international trade (especially export-import contracts). It is emphasized that smart contracts based on blockchain can revolutionize the application of Incoterms, consequently increasing the efficiency of transactions between parties to export-import relationships. One of the fundamental changes that smart contracts will bring to these trade transactions is the reduction of errors and misinterpretations of Incoterms. The authors use specific cases to demonstrate disputes arising at the stages of transaction conclusion and execution, which could have been avoided using modern technologies.Scientific novelty: The paper shows the phenomenon of synchronizing Incoterms with blockchain and how it can affect the form of contracts and facilitate their smooth execution. The proposed approach to analyzing the phenomenon takes into account the revolutionary innovations in crossborder trade, which are compared with the usual ways of applying Incoterms in traditional international trade contracts.Practical significance: the research provides suggestions and recommendations for further development of innovations in the field of smart contracts, especially export-import trade contracts on a global scale.

INTRODUCTION. The modern system of international relations features an incredible complexity of its processes and events. Thus, in different countries there is a transformation of the existing state-legal forms as well as crises of government institutions. New types of states are appearingon the political map of the world while the established forms of international cooperationare changing. Nevertheless, states are still the main participants of international communication.MATHERIALS AND METHODS. Therefore, to perform an in-depth analysis of the modern international system of international relations as a whole and the position of individual states in it with quantitative indicators, one needs to create research tools that allow to make a qualitative assessment. We consider the category of “statehood” to be one of the main categories able to most fully assess the qualitative position of certain states in the world system and analyze various external manifestations of their essential and most significant characteristics. This article is devoted to a theoretical analysis of the category of “statehood” as a concept through which the unchanging essence of the state as a political unity and as a participant of international communication as well as the description of the forms of its external representation in international relations.RESEARCH RESULTS. Statehood appears as a comprehensive characteristic of the state organization of society and the degree of development of its intangible culture, which is externally distributed in various methods and forms of the political and legal structure of this society and the basis for the historical continuity of its development. Statehood is not identical to the concept of the state, as it is a qualitative characteristic of a state-organized society. Statehood is a reflection of the internal organizing essence of the state. The carrier of statehood is the people.DISCUSSION AND CONCLUSIONS. The main conclusions of the conducted research are as follows. First, the main forms of external realization of statehood in international law are the authority of the state and its national state tradition. The authority of the state is connected with the concept of international legality and is based on the constant and conscious adherence of the state to the general principles and principles of international law. National state tradition characterizes the state as a participant in international legal relations, possessing its own established state culture. Secondly, the modern system of international relations appears as a system of relations of authority of states, behind which there are all their diverse and multifaceted statuses and characteristics.

INTRODUCTION. The subject of this study is achievements (results) of technology, or more precisely, products of artificial intelligence (intelligent machine; intelligent computer program, etc.) and their impact on the implementation of human rights through the prism of the human mind and in the context of the international legal, including the human rights dimension.MATERIALS AND METHODS. The scientific research is based on the work of both Russian and foreign specialists in the field of law, international law, international human rights law, as well as specialists in the regulation and use of artificial intelligence products. Documents and materials of international organizations, primarily the United Nations (UN), as well as national legal acts of the Russian Federation have been analyzed. In the preparation of the study, general scientific, comparative legal and specifically legal methods were used.RESEARCH RESULTS. Within the framework of the conducted research, the authors delved into the concept of the term “artificial intelligence” itself, and come to the conclusion that despite its widespread use by specialists in various fields, there is no single concept of this term at the moment. The authors analyzed the national legal framework of the Russian Federation directly or indirectly regulating the use of AI products, as well as international legal achievements in the regulation of this area (primarily at the universal (UN) and integration (European Union (EU)) levels), with a special emphasis on the implementation and observance of human rights and freedoms.DISCUSSION AND CONCLUSIONS. The authors came to the conclusion that the nature of the impact of artificial intelligence on the realization of human rights is dual. Already at the initial stage of defining the legal regime for the development and use of AI products weak mechanisms of control and responsibility in this sphere are laid down. The question arises as to which legal regime is preferable for states whose corporations are leading in the development of AI products. Despite existing international legal regulatory mechanisms, this protection is still insufficient.

INTRODUCTION. The relevance of the research topic is determined, firstly, by the increasing importance of energy diplomacy for solving modern problems arising in the field of international energy cooperation, and secondly, by the significance of studying the problems of energy diplomacy from the point of view of the science of international law. Despite the fact that energy diplomacy is being formed and realizing its potential in the international legal environment, it is not given adequate attention to its role in the legal literature, including in scientific works on international law, which, in turn, looks like a gap in international legal science. The purpose of the work is to substantiate the international legal concept of energy diplomacy, to identify its connection with the classical model of diplomacy and at the same time specific, to objectively identify the main directions of the relationship between energy diplomacy and international law.MATERIALS AND METHODS. When writing the work, scientific works related to the topic, international treaties and documents of international law, acts of national legislation of states are analyzed. General scientific and special methods of cognition, including comparative legal and formal legal, were used as a research method.RESEARCH RESULTS. Energy diplomacy is derived from the “classical” model of diplomacy. There are various interpretations of diplomacy, focusing on its various aspects and manifestations. The article substantiates the understanding of diplomacy as a means of implementing the state’s foreign policy through the activities of special entities (bodies of foreign relations) using non-military techniques and methods in accordance with international law. The evolution of diplomacy and the emergence of its new forms are traced, their specificity and international legal component are noted. Taking into account the specifics of energy, international energy cooperation, their legal support based on the potential of international and national law, the independent nature of energy diplomacy, its increasing role in modern conditions is substantiated. The specific features of energy diplomacy are identified and its concept is proposed, taking into account the international legal component. In modern conditions, full-fledged regulatory and institutional legal foundations of the EU’s foreign energy policy and energy diplomacy have not developed. It is noted that the legitimacy of unilateral restrictive measures applied in energy diplomacy by a number of states is indisputable from the point of view of international law. The main directions of the relationship between energy diplomacy and international law are outlined in detail, options for legitimizing the national interests of states in the energy sector based on the potential of international law are highlighted.DISCUSSION AND CONCLUSIONS. The main conclusions of the study are as follows. Firstly, energy diplomacy is a new functional area of diplomatic activity. It has a single essence with “classical” diplomacy (to serve as a means of implementing foreign policy, in accordance with international law) and, at the same time, is characterized by a number of features derived from the energy sector and energy law (a special focus on the implementation of the goals and objectives of the state's foreign energy policy, the participation of energy departments in it and the connection of energy companies, methods used in it). Secondly, energy diplomacy and international law in the process of their development and functioning are mutually linked and have a reciprocal influence. International law, firstly, defines the legal framework and forms of implementation of energy diplomacy (as well as diplomatic activity in general), and secondly, plays a decisive role in legitimizing the national interests of states in the field of foreign energy policy carried out through energy diplomacy. In turn, energy diplomacy, relying on the potential of international law, contributes to ensuring energy security (national and international) and, thereby, to maintaining the international energy order. In general, energy diplomacy influences the process of creation and operation of international law norms and contributes to the development of international law.

The article discusses the issues of constructing a multipolar world, which can successfully exist only in conditions of harmony of the spiritual meanings of the legal traditions of its constituent peoples. The decisive role of spiritual and moral values that underlie the civilizational cultural and historical self-identification of existing states, and the need to find ways to build moral states of various civilizations are argued. International development can only be built on a solid legal basis that combines the organic constitutional development of national states and the formation of international law on the traditional spiritual and moral principles.

The article is devoted to the problem of regulating parallel imports in the countries of the Eurasian region, which is significant in the conditions of the modern world economy. The relevance of this issue is related to the economic sanctions applied to such states of the Eurasian region as the Russian Federation and the Republic of Belarus. The legal regulation of issues of protection of intellectual property rights in Russia, Belarus, Kazakhstan, China, and Azerbaijan is analyzed. Special attention is paid to the consideration of the practice of the Constitutional Court of the Russian Federation, as well as legal acts regulating the rights of both copyright holders and importers and consumers, who are subject to the consequences of certain decisions of copyright holders who do not consent to the import of goods into different states.Aim. Research of the legal regulation of the institution of parallel imports in the states of the Eurasian region in the context of economic sanctions.Tasks. Analysis of regulations governing the protection of intellectual property rights in the states of the Eurasian region, research of the main directions of parallel imports in the states of the Eurasian region, as well as identification of the main legal problems associated with the legalization of parallel imports in the region.Methods. Comparative legal and cross-temporal analysis of international and national regulations in the field of antitrust, copyright and customs law, as well as the study and analysis of general scientific literature and the formation of one’s own conclusions during the research.Results. As a rule, the states of the Eurasian region have established the national principle of exhaustion of rights to a trademark, and the international principle is used as an exception for certain groups of goods. The legalization of parallel imports raises several formal questions about the compliance of permission to import without the consent of the copyright holder with the international obligations of various states.Conclusions. In connection with the introduction of economic sanctions against some states of the Eurasian region, parallel imports are an effective mechanism for protecting the domestic market from abuses by copyright holders who unreasonably deny importers the right to distribute goods. Also, one of the methods to neutralize the consequences of sanctions regulation is to use the markets of other countries in the Eurasian region, which do not directly prohibit parallel imports.

Copyright of Eurasian Journal of International Law is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of the research is to identify and analyze international legal norms applicable to the exploration and exploitation of oil and gas resources in the Arctic, as well as trends of their development. The objectives of the research include the analysis of international legal norms that determine the status of the Arctic, legal features arising from differences in the status of some Arctic territories, differences in the approaches of Arctic and non-Arctic states, the European Union, as well as the identification of legal vectors of international legal regulation that are significant for oil and gas activities in the Arctic.The article highlights the trends in the development of international legal regulation of general priority issues and sectoral aspects of activities in the Arctic. The authors revealed the meaning and features of multilateral and bilateral international treaties of the Russian Federation, advisory acts of the Arctic Council applicable to oil and gas activities in the Arctic.The authors identified contradictions between the oil and gas aspects of the Arctic concept of the European Union of 2021 and jurisdictional and natural resource principles and rules provided for in international treaties and customs. The authors formulated proposals that can be used by Russia as international legal counterarguments proving the illegality of the EU’s stated goal to prohibit oil and gas production in the Arctic.

INTRODUCTION. The Arctic is a unique marine and terrestrial ecosystem. However, the Arctic region is currently experiencing enormous environmental stress. This is due to the following factors. The first factor is the ongoing climate change on the planet as a whole, which is most clearly seen in the Arctic. Researchers claim that some species of flora and fauna are threatened with extinction. For example, the polar bear, the largest specie in the Arctic trophic chain, is currently experiencing great difficulties in finding food due to the abundant melting of glaciers and, as a result, the reduction of its habitat. Global warming is also causing changes in habitats and migration routes not only for Arctic species, but also for other species that have never climbed so high to the north. Nowadays, local fishermen sometimes catch species of fish that have never been seen in Arctic waters before. Cases of Pacific salmon entering the Atlantic Ocean through the Arctic seas have also been recorded. There is another problem related to the climate factor. For many years, a huge amount of toxic waste has been stored in the Arctic coastal areas. Due to the melting of permafrost, pollutants enter the marine ecosystem, accumulate in marine biota and as a result end up on our table. The second factor is the increased anthropogenic impact due to both climate change and the Arctic political strategies of several states at once. The development of the Northern Sea Route (NSR), the increase in the intensity of navigation, exploration and extraction of natural resources, construction of infrastructure facilities and other human activities have a negative impact on the environment. The Arctic ecosystem is facing an increase in production and consumption waste [Kallenborn, Brorstrom-Lunden, Reiersen, Wilson 2018:33001; Jaskolski, Pawlowski, Strzelecki, Zagorski, Lane 2018:2011], noise [Quijano, Hannay, Austin 2019:1228; Stevenson, Davies, Huntington, Sheard 2019:83; Kyhn, Sveegaard, Tougaard 2014:424], light [Ludvigsen, Berge, Geoffroy, Cohen, De La Torre, Nornes, Singh, Sorensen, Daase, Johnsen 2018; Bennie, Duffy, Davies, Correa-Cano, Gaston 2015:2715], vibration, temperature, chemical and biological pollution. The risk of man-made accidents and catastrophes increases, which can lead to even more dangerous consequences.MATERIALS AND METHODS. We have studied and analyzed international agreements and other documents on the protection of the Arctic marine environment. The texts of these documents were taken for analysis on the official pages on the Internet. Such resources include, for example, the official website of the United Nations Organization (UN), the International Maritime Organization (IMO), etc. Work with Russian legal acts included access to such portals as the official website of the Government of the Russian Federation, the Administration of the Northern Sea Route, the ConsultantPlus Legal Reference System, etc. The international documents were divided into groups, which are presented in a separate table. This made it possible to structure the work, avoid long lists in the text and focus on the most important aspects of the topic under consideration. The research is also based on published works of experts in the field of International law, law of the sea, environmental law, political science, environmental science and other fields of knowledge. Web of Science (webofknowledge. com), Russian scientific electronic library (elibrary. ru), Researchgate (researchgate.net) and other systems became the resources for working with literature. The author also studied law enforcement practice, trends in the development of scientific research in the region, as well as some political processes that are somehow related to the modern legal regulation of marine environment protection in the Arctic. The term “Arctic states” is used in this article as it is given in the [Vylegzhanin 2013]. The term “coastal States” is used in this article as it is given in the 1982 UN Convention on the Law of the Sea.RESEARCH RESULTS. As a result of ongoing climate changes on the planet, as well as due to increased anthropogenic pressure on the region, the fragile ecosystem of the Arctic is currently subject to various types of pollution (noise, vibration, light, radioactive, various types of waste, etc.) and degradation. Both scientists and politicians pay attention to this. We have analyzed the existing international and national norms, regulating relations for the protection of the Arctic marine environment. For these purposes, international documents, depending on the range of regulated issues, were divided into five groups: 1) general; 2) special; 3) agreements regulating liability and compensation issues; 4) environmental agreements that indirectly regulate the protection of the marine environment; 5) Arctic documents. It is determined that the 1982 UN Convention on the Law of the Sea (hereinaſter referred to as the Convention of 1982) is one of the main “general” agreements, which not only establishes the obligations of participating countries to protect the marine environment, but also provides coastal states with special environmental requirements in ice–covered areas, including the Arctic Ocean. In this regard, the Russian Federation has undertaken an obligation to regulate navigation in the waters of the Northern Sea Route (hereinaſter – the NSR) for the purposes of environmental protection and prevention of pollution from ships.The issue of the need to develop and sign a separate agreement on the Arctic was also considered by the author, and the conclusion was formulated that there is no need and objective possibility of implementing such an initiative, especially in the current political situation in the world. The author notes that all specialized international Arctic documents have an ecocentric focus, which meets the intentions of the Arctic states, including Russia, to continue the development and development of Arctic territories and waters with mandatory compliance with modern environmental requirements. In this regard, the development of scientific research in the Arctic and the improvement of the best existing environmental technologies are of particular importance. The 2017 Agreement on Strengthening International Arctic Scientific Cooperation is designed to promote the development of joint research and information exchange. However, in light of the suspension of scientific and technical cooperation between the Russian Federation and other Arctic states, we cannot consider its effectiveness today.DISCUSSSION AND CONCLUSIONS. There is a large number of documents regulating the protection of the Arctic marine environment, which have been developed at the international level. The Arctic ecosystem needs special protection because of its vulnerability. The ongoing climate change and melting of glaciers have led to an increase in anthropogenic pressure on the region. At the same time, it is known that any human activity has a negative impact on the state of the environment. Despite the existence of a large number of international and national documents on the protection of the Arctic marine environment, many issues have not yet been resolved. Today we face the need to fill in the existing gaps. However, the development of regulatory documents should be based on the results of scientific research in various fields of knowledge. This will ensure the validity of the decisions made. The Arctic is subject to international regulation, and the fragile Arctic environment is also protected internationally. The Arctic region differs from the Antarctic: the Antarctic Treaty effectively freezes territorial claims to the South Pole and allows states to protect the environment. The land part of the Arctic belongs to eight Arctic states. Therefore, international cooperation in the Arctic region faces many challenges, and the norms of nternational law, such as the 1982 UN Convention on the Law of the Sea, are necessary to resolve emerging disputes.

With the increase in the number of international legal obligations and the absence of centralized institutional enforcement, economic coercion has become increasingly widespread as a tool for ensuring compliance with international law. The purpose of this work is to study the concept of “sanctions / unilateral restrictive measures” in the framework of the political, legal and economic analysis. Due to the lack of a common understanding of the nature of unilateral restrictive measures, the author analyzes and highlights the main features of sanctions. Based on the features identified, the author formulated a definition that is universal for most modern jurisdictions. Sanctions are understood as extraterritorial measures and/or restrictions in the economic sector used by the initiating state (or a group of such states) unilaterally for the purpose of political coercion of the target state. The paper argues for the need for a clear separation of multilateral and unilateral sanctions, the latter of which do not have a sufficient degree of legality in terms of international law. A solution to the problem of the lack of an established standard for assessing the effectiveness of economic sanctions is also proposed by clearly specifying the criteria and fixing them in international practice and regulatory documents. It is concluded that the use of the term “restrictive economic measures” instead of the term “sanctions” is legally more correct. The necessity of unification of international legal norms regulating the procedure, possibility and consequences of the application of unilateral sanctions is pointed out.

With the development of integration processes on the territory of the Eurasian Economic Union, the convergence of transport and logistics systems is a necessary condition for both transport connectivity and the development of trade relations. The current geopolitical situation, which led to an increase in traffic and within the EEU and the redirection of transport flows to the East, requires a change in the paradigm of the legal regulation of the transport industry at the interstate level.Aim . Reveal the main problems of international legal regulation of the convergence of transport and logistics ecosystems in the Eurasian region.Tasks. It is proposed to consider the main trends of the formation of an array of legal regulation of the transport and logistics industry in the EAEU as part of the implementation of a common transport policy and the implementation of major infrastructure projects, such as the Eurasian transport framework, to analyze the relevance of the main EAEU documents in the field of transport and logistics, to present the basic elements of the new paradigm of the EAEU unified transport system, including railway transport.Methods. When conducting the research, comparative-legal, formal-legal methods, synthesis, deduction, induction, as well as abstraction and the systematic method were used.Results . The necessity of a significant change in the approach to the formation of an effective model of international legal regulation of transport integration within the EAEU, clarification of the main directions of a common transport policy of the member states of the association, ensuring its competitiveness at the world level, transport and technological sovereignty of Russia and other partner countries, full realization of the transit potential of the union, as well as the effective functioning of the industry in the conditions of Industry 4.0 is substantiated.Conclusions . The proposed integrated approach will make it possible to fully implement the adopted Strategic Directions for the development of Eurasian economic integration until 2025, to lay the foundations for a new stage of integration of transport and logistics systems within the EAEU with the achievement of the set significant milestones in the interests of the countries and peoples of our integration association.

A value system is a complex of value orientations and meanings that have their roots in the outside world. For military students, international humanitarian law is an important part of personal value system. These norms shape the environment for quasi-professional and academic activities of future military lawyers and officers. International humanitarian legal norms regulate certain social relations, thus entering the sphere of subjective activity and acquiring positive significance. As a result, they become part of an officer’s personality. International legal acts are a quintessence of humanistic principles, goals, and ideas. In this respect, they are an objective source of universal human values and meanings. Hence, they characterize an officer as an intellectual. If introduced into military education curriculum, international humanitarian law could facilitate the development of personal values in future officers and military lawyers. To verify this hypothesis, the authors applied standard research methods to legal documents, as well as conducted a psychological and pedagogical experiment. They identified, systematized, and classified the values and meanings concentrated in the international legal acts of humanitarian law. The military students that studied the international humanitarian law respected traditions and valued security; they were more independent and achievement-oriented, as well as demonstrated a much higher level of communicative and organizational skills than the control group. Therefore, international humanitarian law proved to have a great potential for developing personality values in future officers as part of military education.

Issues of legal regulation of military captivity are very relevant. At different times, humanity has experienced many wars and military conflicts, with which came experience and the realization that even during armed confrontation it is necessary to respect the law, show mercy and humanity towards an enemy who is helpless or does not want to fight. The emergence of norms in the field of military captivity in international humanitarian law dictated the necessary desire of countries to implement these norms into national legislation. The rapid development of modern law and legal policy determines the increase in the culture of society, and at the same time the preservation of humanity and respect for the human dignity of prisoners of war. Our country, being a highly developed and rule-of-law state, has always strived to implement the norms of international law in the field of military captivity, both in Soviet and Russian legislation. However, in the history of domestic law to this day, organizational, political and legal problems arise in the implementation of the norms of international humanitarian law relating to military captivity into national legislation. The above problems are a consequence of a complex of social reasons, both objective and private. Continuing research into the dynamics of the process of implementing the norms of international law in the field of military captivity into Russian legislation, a comprehensive study of the issue of legal implementation of the implemented norms will allow us to find ways to solve problems in this area, as well as draw a conclusion regarding the further development of legal norms relating to military captivity in our country.

The article provides a brief overview of international legal standards and Russian legislation in the field of climate change adaptation. Currently, states are adopting the so-called “climate adaptation plans” and “strategies”, each of which has its own specifics depending on the country, economics, population and the challenges they are caused by. The author aims to reveal the key provisions of the Convention on Climate Change, the Kyoto Protocol, the Paris Agreement in the context of climate change adaptation, the role of UNEP in the UN system on this issue, as well as the standard forms of “national plans”, which are proposed as framework by international organizations. It is concluded that the majority of international treaties do not attempt to impose a single standard of climate adaptation commitments for all countries without exception, but adopt a flexible approach for specific groups of countries. A review of existing practices on this issue is made, depending on the climatic zone and existing domestic institutions. A separate part is devoted to the Russian legal system in the field of climate adaptation, from legal support to the stages of implementation of the national plan.

Objective: this article aims to answer the following questions: 1. Can generative artificial intelligence be a subject of copyright law? 2. What risks the unregulated use of generative artificial intelligence systems can cause? 3. What legal gaps should be filled in to minimize such risks?Methods: comparative legal analysis, sociological method, concrete sociological method, quantitative data analysis, qualitative data analysis, statistical analysis, case study, induction, deduction.Results: the authors identified several risks of the unregulated usage of generative artificial intelligence in the creative industry, among which are: violation of copyright and labor law, violation of consumers rights and the rise of public distrust in government. They suggest that a prompt development of new legal norms can minimize these risks. In conclusion, the article constants that states have already begun to realize that the negative impact of generative artificial intelligence on the creative industry must not be ignored, hence the development of similar legal regulations in states with completely different regimes.Scientific novelty: the article provides a comprehensive study of the impact of generative artificial intelligence on the creative industry from two perspectives: the perspective of law and the perspective of the industry. The empirical basis of it consists of two international surveys and an expert opinion of a representative of the industry. This approach allowed the authors to improve the objectivity of their research and to obtain results that can be used for finding a practical solution for the identified risks. The problem of the ongoing development and popularization of generative artificial intelligence systems goes beyond the question “who is the author?” therefore, it needs to be solved by introduction of other than the already existing mechanisms and regulations - this point of view is supported not only by the results of the surveys but also by the analysis of current lawsuits against developers of generative artificial intelligence systems.Practical significance: the obtained results can be used to fasten the development of universal legal rules, regulations, instruments and standards, the current lack of which poses a threat not only to human rights, but also to several sectors within the creative industry and beyond.

The study examines the practice of legal protection of the Great Barrier Reef World Heritage Site located in Australia. It reflects the main content of the decisions of the World Heritage Committee and the International Union for Conservation of Nature on the protection of the Great Barrier Reef, looks at the features of its management as a World Heritage Site (hereinafter also - WHS), as well as regulatory and organisational solutions aimed at preventing threats to the ecological state of the Great Barrier Reef WHS. The analysis of the legal framework and practice of protection of World Heritage Sites allows to conclude that some elements of the Australian experience can be used to strengthen the institutional and legal framework of the environmental regime of Lake Baikal. The proposal to develop a management plan for the Lake Baikal World Heritage Site in accordance with the requirements and standards of the World Heritage protection system, as well as to adopt special strategic development plans has been formulated. According to the authors, to ensure the effective development of specific management decisions, it is necessary to establish normatively the general principles of management plan formation. Based on the practice of engaging local communities in the management of World Heritage Sites and Australian experience of organising Marine Advisory Committees, the authors have verbalized a proposal to create an Advisory Council of representatives of various spheres of society, operating in the territory of the Lake Baikal World Heritage Site, environmental organisations and representatives of the public.

Features of the legal regime of subsoil use, oil and gas activities in the Caspian Sea are due to the special international legal status of the Caspian Sea. The Russian Federation is faced with strategic tasks for the development of energy resources on the Russian section of the Caspian seabed, the development of maritime transport and research fleet, the modernization and construction of seaports and terminals in the Caspian. They are defined in the Energy Strategy of the Russian Federation for the period up to 2035, the Strategy for the development of maritime activities in the Russian Federation until 2030, the Strategy for the development of Russian seaports in the Caspian basin, rail and road approaches to them in the period up to 2030. The fulfillment of these tasks largely depends on the effectiveness of Russian legislation in this area. The development of Russian legislation governing the exploration and exploitation of oil and gas resources in the Russian section of the Caspian seabed is directly related to the trends in the development of international legal regulation of the status of the Caspian Sea and cooperation of the Caspian states in this area. After the ratification of the Convention on the Legal Status of the Caspian Sea of 2018 by Russia, the Government of the Russian Federation took global steps to implement norms reflecting the special status of the Caspian Sea, sovereignty and sovereign rights of Russia in certain areas of the Caspian Sea, in Russian legislation.The purpose of the study is to analyze the legal norms governing the exploration and exploitation of oil and gas resources in the Caspian Sea. The objectives of the study include identifying and comparing development trends of branch international legal norms and norms of Russian legislation, generalizing theoretical and practical problems of legal regulation.The research methodology is based on the following theoretical methods of cognition: analysis, synthesis, induction, deduction, analogy, as well as special methods of cognition of legal phenomena and processes: comparative legal and formal legal.The article compares the provisions of bilateral and multilateral international treaties of the Russian Federation, which are applicable to the exploration and exploitation of oil and gas resources in the Caspian Sea, discloses their mechanisms and significance, and identifies differences in their provisions. In addition, the authors identified differences in the trends in the development of Russian legislation regulating oil and gas activities on the Russian section of the Caspian seabed before and after Russia’s ratification of the Convention on the Legal Status of the Caspian Sea of 2018, analyzed the latest legislative initiatives in this area, and also identified a number of problems of this process.

The article substantiates the need for the development of intellectual property in Russia in the conditions of the global innovation economy and identifies the problems that hinder its development. The relevance of this article lies in the fact that the development of intellectual property and innovation is an important factor for achieving sustainable economic growth and improving the competitiveness of the country. In the modern information society, where knowledge and innovation play a key role, countries strive to create a favorable environment for the development of intellectual property and the promotion of innovation. The development of intellectual property and innovation should be one of the priorities of state policy. The purpose of the study is to propose measures for the development of intellectual property and innovation in Russia, based on world experience. To identify problems and identify areas for improving the policy of intellectual property management in terms of education, popularization, digitalization, finance. To achieve the research goal, several approaches are used. Analysis of the current legislation, since it is important to understand the laws and regulations concerning the protection of intellectual property, the promotion of innovation, technology transfer and international cooperation. Data collection and analysis. This allows you to evaluate the current state. Formulation of recommendations and proposals for improving measures aimed at the development of intellectual property and innovation in Russia. The article uses research methods, including analysis of literary sources, comparative analysis of practices and policies of other countries, analysis of legislation and economic data. The main problems faced by innovative companies in Russia were analyzed, including the lack of state support, insufficient funding, difficulties in obtaining patents and other forms of intellectual property. A critical analysis of the current measures used in Russia is presented separately, the reasons for low inventive activity are revealed. The necessary directions of development are also highlighted and recommendations are given. As a result of the study, the main measures that the state can take to support innovation and the development of intellectual property in Russia were identified. Among them are increased financing of innovative projects, simplification of procedures for obtaining patents and other forms of intellectual property, creation of special innovation support centers, etc. As further directions of research, the author suggests the study of specific practices of intellectual property development in other countries and their adaptation taking into account the conditions and capabilities of Russia. The practical significance of the work lies in the fact that its results can be used to develop new policies and measures to support innovation in Russia. Further research may be aimed at a deeper analysis of the problems related to intellectual property and innovation in Russia, as well as at studying the experience of other countries in this area. The recommendations proposed in the article can be used to develop new programs and measures to support innovation in Russia, as well as to conduct more in-depth research in this area. The article may be useful for specialists in the field of intellectual property law, scientists and business leaders, as well as for government agencies interested in the development of an innovative economy in Russia.

INTRODUCTION. Customary international law is the oldest source of International law and has been its main source for centuries. However, even in our time, the importance of custom in International law is preserved – besides and on par with international treaties; this is the other type of its legal norms. The main difference between the two kinds of norm is the unwritten form of custom, but customary and treaty norms have equal legal force.MATERIALS AND METHODS. The documentary basis of the study is international treaties and international customs, resolutions of the UN General Assembly, Statute of the International Court of Justice and its jurisprudence, reports of the International Law Association. The theoretical basis of the article is the works of scholars of international law. The methodological basis of the study is general and particular scientific methods of cognition.RESEARCH RESULTS. The research in the article leads to a conclusion that comprises a definition of international custom, and this is the formulation of it as applicable law in cases before the International Court of Justice: “international custom, as evidence of a general practice accepted as law” (Art. 38 (1) (b) of Statute of the Court). According to this definition, the customary legal rule contains two elements: objective, also material the practice of States, and subjective – the conviction of States that this practice is obligatory, i.e. law. It has been established in International law that the subjective element is termed by the Latin expression “opinio juris sive necessitates” (opinion of law or necessity), and most often the subjective element is briefly called only “opinio juris”. The research reveals as its result that by its nature opinio juris represents a conscious, intentional attitude towards State practice. The will of the State has external manifestations – the consent, acceptance, recognition and conviction of the State.DISCUSSION AND CONCLUSIONS. The main conclusions of the research relate to the question of the formation of opinio juris. This formation is a process that is integrated: it simultaneously forms the practice of States and the opinio juris towards it. Opinio juris does not have an autonomous stage or process of formation, nor is it formed only after the practice of the customary law rule has been completely formed. The conclusion from the integrated process is that each act of the relevant practice, which is the same as the previous one, but also as the next one, helps to form the belief that this is the only, and therefore obligatory, manner to perform the practice. Conversely, States' belief that a given practice is obligatory motivates them to perform only that practice.

The article considers the types of phraseological nominations of the terminological system of international law, and also determines the type of connection between the components in their structure. The relevance of the work stems from the need to develop the professional language of international relations, which is one of the most important social areas of legal regulation. The study of terminological units as part of the terminological system of international law in the cognitive aspect allows to establish the prerequisites leading to the method of verbalization of professional knowledge in this area. Connecting the term with real-life realities helps to understand the thought process of the actor who chose the nomination. The terminology of international law, developed taking into account the rapidly changing reality, contributes to the effective solution of the tasks faced by specialists in the field of interstate interactions. Phraseologisms are recognized as a special form of terminological nomination. The problem of interpretation of term- phraseological units is caused by the specificity of lexical units, which combine in their semantics, on the one hand, features of phraseological units, and on the other hand, professional lexicon. The combination leads to the representation of professionally relevant information by combining ordinary (contained in phraseological units) and professional knowledge. With the help of the methods of definitional analysis and component analysis, it was possible to reveal the peculiarities of the formation of the semantic structure of term-phraseological units of international law, as well as to reveal the connections of various types of knowledge in it. Phraseological terms of international law are formed by means of three models, where the components in the structure of phraseological units enter into various types of relations: association, intersection, imposition. At the same time, the most frequent type of communication is the combination of professional and common knowledge in the structure of terms-phraseology. The conceptual analysis showed the presence in the professional lexicon of international law units, formed by means of a visual-image perception of an object or phenomenon, which indicates the absence of a clear boundary between two types of knowledge – ordinary and professional.

INTRODUCTION: The expansion of the community of states with independence of former European colonies in Latin America was a new historical fact that contributed to the evolution of international law. On the basis of Latin American doctrinal thought and international diplomatic practice the principles enshrined today in universal international legal acts were proclaimed. International law is often viewed from a Eurocentric point of view, with such a position little attention is paid to the influence of Latin American doctrine on the development of international law at the universal level. Therefore, it seems appropriate to highlight the question - in a historical retrospective - about the contribution of Latin American states to the formation of international law and international legal consciousness.MATERIALS AND METHODS: The materials for the study were the international legal norms of universal and regional nature, the works of national and Latin American scientists. When writing the article, general and particular scientific methods were used, namely, deduction and induction, analysis and synthesis, the historical method.RESEARCH RESULTS: The article reveals the origins of the doctrines of international law developed by Latin American authoritative international lawyers, state and political figures in the XIX-XX centuries. These doctrines had a significant impact on the formation and development of international law not only in the Latin American region, but also in the world as a whole, influenced the development of positions of Latin American states in the international arena.DISCUSSION AND CONCLUSIONS: The article substantiates the conclusion that it is necessary to consider modern international law, taking into account the significant contribution of Latin American states to its evolution at the universal level; reveals the interconnection of the principles in the doctrines of Latin American lawyers and state figures that were included in the system of international law at the universal level.

The growing influence of renewable energy in the economy raises concerns about the need for perfecting the relevant international legal regime so as to satisfy all the stakeholders concerned. This article analyzes the relevant legal position of Russia as one of the largest exporters of energy-related products, while focusing on cooperation in this area as the BRICS Energy Prospects. The research reveals a number of findings: Russian Energy Policy has so far cautiously supported the promotion of renewable energy internationally in the context of energy efficiency and energy security; nevertheless, Russia has demonstrated a very restrained approach to the development of legally binding instruments on the matter. The authors conclude that it may be viable to find a reasonable “compromise of compromises” for the evolving international legal regime of renewable energy, and if this were to be accomplished, BRICS could assume a leading international position for the creation of such a regime.

Objective: to assess the Russian legislation for its compliance with the international-legal approaches to shaping symmetrical regulation of crypto-assets and possibility to complement it with new internationallegal categories reflecting the in-depth changes in the global economy and structure of international finance, determined by the broad introduction of new financial technologies based on distributed ledger technologies.Methods: the methodological basis of the research is a set of general scientific methods of scientific cognition, among which of utmost importance are special-legal (formal-legal and comparative-legal) methods, complemented with risk-oriented approach, legal modeling and juridical forecasting. Applied integrally, they allowed comprehending the architecture, “letter and “spirit” of the modern international financial law and national legislation in their conceptual-terminological correlation and to forecast further development and adjustment of the legal regulation of crypto-assets turnover.Results: it was found that there appears a stable trend in the crypto-assets turnover regulation, according to which “soft” law dominates among the law sources (this is especially notable in the sphere of international financial law compared, for example, with conventions or international treaties); at the same time, there is a strengthening trend of “fragmentation” of international law with regard to crypto-assets turnover; the authors mark inconsistency of the conceptual framework contained in international acts and in the Russian legislation, as well as the gaps in the regime of crypto-assets turnover at the level of national law; the trends and forecasts are presented referring to the development of international-legal regulation of the sphere of crypto-assets.Scientific novelty: consists, first of all, in a complex comparison, based on, among other aspects, the fundamentally new concepts of regulation of such progressive international-legal categories as cryptoasset, virtual asset, cryptocurrency, stablecoin, etc., some of them rarely used in the Russian legal discourse and actually never applied in legislation.Practical significance: the scientifically grounded proposals are formulated, aimed at improving the conceptual-terminological framework of the Russian legislation in the sphere of crypto-assets turnover, implementation of which will allow constructing a common legal space with the technologically most advanced states, will help to improve investment climate and financial attraction of the state; will improve the national-legal regime of crypto-assets turnover from the viewpoint of not only actual market demands, but also state security interests and improving competitiveness of the Russian legislation.

This study is aimed to determine current trends in the development of international legal regulation of the use of unmanned technologies in rail transport related to the implementation of digital services and technologies of Industry 4.0 both in the transport and logistics ecosystem of Russia and in the regional international transport systems.Aim. To determine the level of development and effectiveness of the existing set of regulations governing the use of unmanned technologies in rail transport within the EAEC.Tasks. To analyze the existing body of normative legal acts regulating the specified sphere, to identify gaps in the existing regulation of unmanned technologies in the railway transport.Methods. Using the method of comparative legal analysis and the formal-legal method, this paper analyzes the existing legal regulation of unmanned technologies in rail transport within the EAEC, identifies the gaps in legislation and indicates the main directions of its development to create a regulatory framework that allows the effective regulation of the introduction and operation of unmanned technologies on the railroads of the Eurasian Economic Union.Results. The study showed that at present the legal regulation of unmanned technologies in the railway transport is at the initial stage of development. The existing regulatory framework regulates automated and remote control technologies for railroad transport is insufficient, while the level of technology development in the railway sphere allows the introduction of unmanned locomotives to improve the level of competitiveness of the industry. Given the ongoing integration processes and the high level of interconnection between the transport and logistics systems of the EAEU member states, the development of a unified legal regulation of the use of unmanned technologies on the railroad should take place at the international level within the framework of the Eurasian Economic Union. All the more so because technical regulations defining the requirements for the safe operation of rolling stock and railway infrastructure are currently being developed and implemented at the level of the EAEU. The experience of creating a unified approach to technical requirements in the industry is a positive basis for the formation of regulations for the introduction of innovations that meet the level of the technological mode of Industry 4.0.Conclusion. The main directions for the development of legal regulation of the use of unmanned technologies should be to ensure the safety of the use of unmanned technologies by establishing criteria for their evaluation, testing and certification systems, as well as developing principles of liability for damage caused to life, health and property of third parties in the transportation process due to error, malfunction or imperfection of this kind of technology.

First attempts to ban chemical weapons (CW) as a method of warfare have been made since the second half of the XIX century. At the beginning of the XX century, several legal documents – declarations, protocols and conventions, forbidding the use of poisons, poisonous weapons, poisonous and asphyxiating gases and means of their delivery, have been adopted at the international level. But all these documents, including the Hague Conventions of 1899 and 1907 and the 1925 Geneva Protocol, turned out to be useless and ineffective as a means of deterrence. They could prevent neither large-scale use of CW in World War I, nor their further development. Instead of the assistance to the prohibition of CW, in fact they assisted their legalization and further arms race. The article is dedicated to the history of first efforts to ban CW by international treaties. It describes in details the circumstances of the elaboration of these declarations, protocols and conventions in connection with other general security problems, their further adoption or breakdown. Special attention is paid to the attitude towards CW at the beginning of the XX century and their use as a means of pressure and propaganda.

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Copyright of Uzhhorod National University Herald Series Law is the property of Uzhhorod National University, State Higher Educational Establishment and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Uzhhorod National University Herald Series Law is the property of Uzhhorod National University, State Higher Educational Establishment and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose. The aim of the work is to analyze in the general legal aspect of understanding the significance of international legal standards and their implementation in the context of the development of constitutional law of Ukraine, determining their role and significance in the national legal system. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the process of research, it was recognized that ensuring commitment to the principles and norms of international law is a socio-historical, socially determined phenomenon and appears to be a significant factor in the world recognition of Ukraine as a full-fledged participant in international relations, where a significant role is played by the readiness and ability of the state through the system of contract law, the implementation and the implementation of contractual norms, their introduction into the system of national constitutional law to fulfill the prescriptions of international legal standards. Originality. In the process of research, it was established that international legal standards should be considered an integral part of the national legal system in general and the constitutional law of Ukraine in particular, which is the result of the efforts of the international community of states for their democratic, legal development. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the development of proposals regarding the mechanism of implementation of international legal standards into the national system of law and legislation

The article describes the formation of bioethics — a complex scientific discipline — in our country. The emergence of bioethics in the world dates back to the 1970s of the 20th century, in the Soviet Union it began to take shape during the period of perestroika as part of the activities of Academician Ivan Timofeevich Frolov (1929–1999). Bioethics deals with ethical issues that arise during the introduction of the latest biomedical technologies into practice, the solution of which can have various medical, cultural, legal, and financial consequences. The latest biomedical technologies open up new possibilities for a person (heredity management, genetic passport, etc.) and put a person in a situation of choice. Their future depends on what choice people will make, and this choice is determined by the state of the culture of society. In the field of bioethics, regulation is crucial and should be comprehensive and multi-stage. Philosophers, culturologists, and ethicists formulate general principles of regulation based on the ideology of humanism. Further on, scientists consider these recommendations and develop appropriate codes of conduct, while lawyers consolidate the new understanding within the legal system. The formation of such an integrated approach in Russia took place within the framework of scientific structures created by Academician I. T. Frolov, — the AllUnion Interdepartmental Center for Human Sciences, the Institute of Man of the Russian Academy of Sciences, the Russian National Committee on Bioethics (RNKB), the Russian Committee on Bioethics under the Commission of the Russian Federation for UNESCO. In these structures, expert work was carried out on the main documents related to the interaction of the Russian Federation with the Council of Europe in the field of bioethics. RNKB prepared expert opinions for the Department of European Cooperation of the Ministry of Foreign Affairs of the Russian Federation and the Department for International Humanitarian Cooperation and Human Rights of the Ministry of Foreign Affairs of the Russian Federation regarding Russia's accession to international conventions on bioethics.

The essay is devoted to the analysis of the works of Professor Yu. Ya. Baskin and the substantiation of the great contribution he made to the development of domestic legal science.

The subject. The article is devoted to the analysis of approaches in the development of the concept of cyberspace in international law.The purpose of this article is to try to highlight the attributes of cyberspace, which will allow to resolve existing gaps in the field of universal cyber regulation in international law. The research presented in this article was conducted by combining various disciplinary approaches, including comparative law, comparative politics and international relations, political theory, and sociology. In addition, the study includes methods of dialectical logic, analysis and synthesis, as well as a formal-legal analysis of UN international legal acts.The main results and scope of their application. As states pay increasing attention to cyberspace management as the technical architecture that powers the global Internet and governance in cyberspace, in terms of how states, corporations and users can use this technology, the role of international law in cyberspace is increasing, becoming more prominent, becoming more important. At the same time, note that international law has no specific rules for regulating cyberspace. Moreover, the technology is both new and dynamic. Thus, for several years there have been open questions as to whether existing international law applies at all to cyberspace. Cyberspace is now the backbone of global commerce, communication and defense systems, and is a key aspect of the critical infrastructure that sustains our modern civilization. Technology and information spread almost instantaneously, and the global economy and supply chains are integrated to a degree unprecedented in history. Nevertheless, there is still no developed universal concept of cyberspace in international law, only approaches at the level of the UN, international organizations, including the First Committee of the UN General Assembly on Disarmament and International Security, the G20, the European Union, the Association of Southeast Asian Nations and the Organization of American States and doctrinal approaches are singled out.Conclusions. The competition for strategic technology and the competition for advantage in the "information space" is growing, so far without the standard international rules of the road. Moreover, the future is likely to prove even more transformational. The potential threats are also extraordinary: autonomous weapons, cyber warfare, sophisticated disinformation campaigns and geopolitical instability. In such circumstances, it is crucial to develop a universal notion of cyberspace because of the persistent significant vulnerabilities and number of threats in global communications.

The article touches upon the issues of law enforcement and court practice related to the collective rights of aboriginal communities.The purpose of the article is to reveal the content of the right to self-determination through the prism of the most significant cases related to indigenous peoples.The methodological basis of research is the general principles of scientific knowledge, widely used in works in the field of law: system-structural, formal-legal, comparative-legal, historical, methods of analysis and synthesis, analogies, etc. Particular attention was paid to the formal legal method, which was used by the authors of the study to analyze international judicial practice on the rights of indigenous peoples, as well as, in some cases, the national legislation of the countries participating in a particular case.The main results, scope of application. The right to self-determination of indigenous peoples is multicomponent and includes a number of specific elements and facets of interpretation. The authors have made an attempt to reveal the fundamental elements of the right to self-determination of indigenous peoples, which, in their opinion, consist of: the right to sovereignty as such, or autonomy and recognition as collective subjects of law, the right to land and resources, traditional nature management, autonomous education, mothertongue and culture.For each of the above-mentioned elements, a specific case is described, which was considered in international courts, primarily in the International Court of Justice, the Inter-American Court of Human Rights, the ECHR and etc.Conclusions. International recognition of a state through inclusion in the UN General Assembly is impossible without the permission of the Security Council; the issue of “effective occupation” has played and continues to play a large role in the issue of governance and sovereignty over a specific space and territory, and not only settlers, but also traditionally living indigenous peoples play a significant role;Indigenous peoples living in the coastal zone should have the right to dispose of income from the exploitation of the continental shelf; the relationship with the land is not only a matter of ownership and production, but a material and spiritual element that indigenous peoples must fully enjoy, if only to preserve their cultural heritage and pass it on to future generations; the status of “national minority” deprives the indigenous people of priority in the use of land for traditional reindeer herding; means of ensuring freedom of expression of indigenous peoples is an important element for the promotion of identity, language, culture, self-identification, collective rights.

Introduction. In the context of the rapidly changing geopolitical situation in the world, the issue of increasing efficiency of interstate interaction within the framework of the functioning of international universal and regional organizations seems to be very relevant. Theoretical analysis. The authors prove the legitimacy of highlighting the control function as one of the main functions in the activities of international judicial subjects, the purpose of which is to protect natural law, law and preserve the principles and norms of international legal relations, including when considering disputes about the compliance of the domestic legislation of the participating countries with international agreements, which they have undertaken to comply with. Empirical analysis. The study provides a critical analysis of international jurisprudence, primarily containing the construction of the “European consensus”, which is a powerful lever of judicial activism and implies the exclusion of the possibility of applying the doctrine of freedom of appreciation of states that are parties to international agreements. Results. Consideration of international judicial subjects through the prism of the proposed scientific approach led to the conclusion about their leading role in the mechanism of protection of international treaties as an independent subject of specialized control activities, as well as their significant impact on the processes of state sovereignization and international globalization.

The article conducts a study to determine the mechanism of effective legal regulation of the content of foreign trade contracts when establishing mutually beneficial relations between participants in a foreign economic transaction who are subjects of law of different states by type of economic activity in accordance with and in accordance with the terms agreed by the parties on the basis of the applicable norms of national and international law and the legislation of the countries regulating these legal relations in foreign economic activity.Aim. To propose the most optimal directions for improving the legal regulation of the content of foreign trade contracts in the system of international integration.Tasks. To determine the legal basis for regulating foreign trade contracts in modern integration processes; to investigate the legal aspects, specifics and procedure for concluding foreign trade contracts, as well as to identify legal problems that hinder the development of these legal relations.Methods. In this research we used methods of comparative law, methods of analysis and synthesis, as well as methods of deduction and induction.Results. In the course of the study, the authors come to the conclusion that there are some problematic aspects of both national and international regulation in the field of foreign trade contracts. These problems are expressed in the absence of a single legal regulation for the conclusion and execution of foreign trade contracts, the presence of specific requirements for the content of the contract in different countries, and as a result, the appearance of conflicts at the stage of agreement of the text of the contract by partners from different countries, as well as in the absence of a single legal mechanism ensuring fair resolution of disputes between the parties to the contract.Conclusion. As a result of the analysis of the actual problems associated with the lack of the necessary comprehensive legal regulation of the content of foreign trade contracts, the authors propose optimal ways to solve them by harmonizing legislation at the international level in order to humanely and fairly bring together the legislations of states and establish comparable regulatory legal regulation in relation to the legal regulation of the content, conclusion and execution of a foreign trade contract.

The article considers new approaches to the creation of a corruption research system. The authors point out that modern economic and legal methods for calculating corruption indices either do not take into account all manifestations of corruption or are highly influenced by political factors. The authors substantiate the need to apply a unified methodology for studying the level of corruption within the framework of the EAEU.Aim. Propose at the EAEU level the use of a comprehensive economic and legal methodology for studying the level of corruption, which, along with traditional methods, involves the active use of an artificial intelligence system — storage, transmission and processing of big data to detect corruption manifestations.Tasks. Determine the legal and economic foundations for studying the level of corruption in the Russian Federation and in the EAEU countries, as well as identify legal problems that impede the creation of uniform standards for studying corruption in the EAEU countries.Methods. In this study, methods of comparative law, methods of analysis and synthesis, as well as methods of deduction and induction were used.Results. In the course of the study, the authors come to the conclusion that there are a number of problematic economic and legal aspects both at the national level and at the international level in the field of corruption research. These problems are expressed in the absence of unified national and international standards that allow an impartial assessment of the level of corruption in the EAEU countries.Conclusion. As a result of the analysis of the identified problems, the authors propose ways to solve them through the creation of unified information economic and legal systems in the field of corruption research within the framework of the EAEU.

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The subject of this article is the special economic measures adopted by the Russian Federation to counter the sanctions imposed by a number of states (the United States, the United Kingdom, some EU countries) at the beginning of 2022. The article reviews the concept of “economic sanctions” and its main goals. The author analyzes the experience of sanctions against such countries as Iran, North Korea, and Venezuela, including the reasons for imposing restrictions and their economic consequences. Particular attention is paid to the economic measures imposed against Russia and their unprecedented nature. Besides, the main response measures of the Russian Federation are studied. It was proved that despite the negative consequences, the sanctions did not collapse the Russian economy, as predicted by Western leaders. The author makes conclusion concerning effectiveness and timeliness of the taken protective measures. Moreover, it was found that the sanctions led to extremely negative consequences for the financial system of the countries that imposed restrictions contrary to the ideas related to economic efficiency. This indicates the extremely destructive nature of economic sanctions as an instrument of foreign policy and economic influence.

This article deals with the problem of defining the legal nature of integration associations, mainly regional, as well as with the issue of revealing their major role in world affairs. Notably, it is possible to clarify the legal essence of these entities if their individual features distinguishing integration associations from the existing form of interstate cooperation, in particular international organizations, are known. Of special interest are the characteristics of such regional integration associations that are based on larger associations, such as the Eurasian Economic Union, a trade agreement between several post-Soviet states, and the European Union, a political and economic association of European states. The relations of an international character developing during the interstate cooperation within the framework of regional integration associations were described with the help of the comparative and analytical methods. A comprehensive legal definition of the concept of regional integration associations was provided based on their unique features. The latter were analyzed in detail. The considered forms of interstate cooperation were compared with international organizations. The results obtained show that an integration association is a special form of interstate cooperation of a regional nature, which is aimed at the development of foreign economic relations between member states.

INTRODUCTION. The world has many times faced cardinal changes triggered by technological development. Creation of the Internet and the emergence of the artificial intelligence have become the major trend of the ongoing changes with the signifi-cant potential to affect all spheres of live, including the military affairs and the geopolitical phenomena in general. In this paper, in particular, we discuss the opportunities and challenges of the rapid technological development in the defense sector in the context of globalization. The pace and the nature of changes in defense dictate the necessity to analyze the current and future challenges of our digitized age in search of adequate and timely legal and strategic practical solutions. Cyber means of warfare are the weapons of the present. Over the past decades, cyber means of warfare have been frequently used against states in the context of international and non-international armed conflicts, as well as outside of such context. Thus, the fundamental scientific questions that arise are the following: a) are the current legal regulations at international and national levels sufficient to address all the challenges caused by the spillover of armed conflicts into the virtual domain and by the future advancement of cyber weapons, and b) are the current cyber weapons or those of the future capable of changing the nature of “war” described by General Carl von Clausewitz yet in the 19th century as a violent method of forcing its political will by one party of the conflict to the other. We have analyzed the above-mentioned questions in the light of the cyber weapons, which already exist and are being used for military purposes, in the light of possible advancement of cyber weapons and integration of AI into them, as well as in the light of the Big Data management. We have reflected on the dangers, which the smart and entirely data driven world would face, from legal and geopolitical perspectives, through the several possible scenarios of development, emphasizing, in particular, the probable military (defense) aspect of data management. While most frequently the specific problems of application of International Law to the traditional cyber warfare situations become subject for academic debates and discussions, we stress the necessity to also analyze the legal and practical implications of further advancement of cyber weapons, as well as the necessity to consider the role of Big Data management in changing the nature of war and, consequently, also the applicable legal solutions.MATERIALS AND METHODS. The works of academics and international scholars in the field of international law and, specifically, international humanitarian law, and military theorists, as well as international treaties, commentaries to international treaties, and national cyber defense and cyber security strategies comprise the theoretical basis for the current paper. The research has been conducted via general and specific scientific methods of cognition, in particular the dialectical method, comparative legal method, method of interpretation, as well as methods of deduction, induction, analysis, synthesis, and others.RESEARCH RESULTS. The ongoing changes taking place in the world have resulted in a situation, when cyber domain is considered one of the traditional war domains. In this context the international community is now debating more flexible interpretations of international legal regulations in order to most efficiently address the new reality. It is also important that states at national level undertake measures to timely and adequately address the challenges already created and those that potentially may take place as a result of the globalization along with the rapid evolution of the cyber technologies and their military use. In the current article we conclude that the categories of the present generation of cyber weapons are lawful. However, the future developments in cyber weapon technologies, as well as the possible quasi-military implications of Big Data management raise many theoretical and practical questions deserving attention. The efforts of the international community and individual states in the field of legal regulation of cyber technologies should be directed toward creating guarantees that the products of the technological development are used for the benefit of humankind. As one of such measures The Authors indicate national cyber security and cyber defense strategies, which according to the Authors, should be elaborated giving due consideration to the possible future developments.DISCUSSION AND CONCLUSIONS. In this paper we analyze the peculiar features of evolution of the world in the 21st century and argue that wars are not static and autonomous phenomena isolated from the global context and all the changes taking place in the world. In particular, we address one of the most popular debates among the scholars in the field of military affairs concerning the issue whether the nature of war has changed or will change overtime, referring to Carl von Clausewitz’s thoughts. With regard to the current generation of cyber weapons, we conclude that even if they might prima facie seem to be inherently indiscriminate (such as, for example, nuclear weapons) in reality cyber weapons are not per se indiscriminate, but rather are weapons with a very high potential of being used indiscriminately or in violation of the principle of discrimination. However, the high potential of indiscriminate use of cyber weapons does not outlaw the cyber weapons as such. We also agree with the widely accepted opinion that the cyber weapons, which are currently used, are sufficiently regulated by the International Law. At the same time, the future tendencies for advancement and improvement of military cyber technologies, inter alia, via integration of artificial intelligence, may seriously call into question the possibility of their application in compliance with the international legal regulations. Finally, the possible scenarios of advancement of Big Data management have led us to the conclusion that big data management per se has the potential of being used as a weapon with less lethal or even non-lethal consequences, however equally effective in enforcing one’s policy as the traditional weapons or potentially kinetic cyber-weapons. If big data analysis at its current stage of development does not produce very accurate predictions, the well-distributed and structured informational flow in the cyber domain is capable of influencing and manipulating behaviours. In such case if Big data monopoly (including both: hardware and soſtware) vests in one of several actor, it could drastically change the nature of war by making the element of violence redundant and consequently alter the geopolitical balance. One of the measures for early response to future challenges, in our opinion, could be through reflecting on lex ferenda in cyber security and cyber defence national strategies. From the analysis of the content of different strategies we could conclude that most states acknowledge cyberspace as a military domain like land, air or maritime, analyse the main specific characteristics of current generation of cyber weapons, and set state objectives and action plan for cyber offense, cyber defense and cyber deterrence respectively. While the future advancement of cyber means of warfare and the quasi-military dimension of the big data management seem to be overlooked by states in general.

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In the autumn of 2020, the armed conflict over and in the Nagorno-Karabakh escalated for the next time in its 30-year history of existence. Unlike the 90s, the escalation and military actions lasted not 4 years, but 44 days. Military operations were suspended by a truce reached with the assistance of the Russian Federation. As a result of the military actions, Azerbaijan regained control over all its occupied territories around its former autonomous region of Nagorno-Karabakh and a significant part of the former autonomous region itself. Azerbaijan has declared the end of the conflict, but Armenia has not. The dispute between the parties and some questions remained. In this article, we explored some of these issues, in particular: what was the conflict – ethnic or territorial? Why did the first administrative-territorial decision based on self-government in the form of autonomy within the USSR not work? And how the current system of local self-government in Azerbaijan can solve the remaining problems and demands of Armenians living in the mountainous part of Karabakh to obtain self-government. The study examines the issues of legal regulation of municipal legal relations.

Purpose. The article analyzes the causes, preconditions, geopolitical and geohistorical goals of Russia’s aggression against Ukraine. The reaction of the West to the Russian geostrategy of revenge has been clarified. It has been proven that the hybrid war which has been going on since February 2014 has created a deep crisis in the global security system. The Russian Federation, having violated the norms and principles of international law, bilateral and large-scale agreements, annexed the Autonomous Republic of Crimea and Sevastopol. Methodology.The methodological basis of the article is a set of philosophical and scientific principles, approaches, and special scientific methods of understanding international legal phenomena and geopolitical processes taking place in the world. The use of these methods provided an opportunity to solve the tasks and the main task is to prove that Russia threatens international law. On this basis, a fundamental conclusion was drawn that Putin’s Russia must disintegrate as an empire in order to restore world law and order. Results: Russia attacked Ukraine without declaring war and again called into question the international order in Europe on February 24, 2022, when the Russian leader announced the launch of a “special military operation” against Ukraine. He called its goal the “demilitarization” of the country. The Armed Forces of the Russian Federation began shelling the cities of Ukraine and its military and civilian infrastructure. The recognition of the independence of the Donetsk and Luhansk People’s Republics by Russian President Vladimir Putin preceded this madness on February 21, 2022. However, the Russian-Ukrainian confrontation has deep historical roots. The absorption of Ukraine and its human resources is one of the key tasks in the development of the project of Russian imperialism. The current process of formation and development of Putin’s Russia has always been accompanied by war with Ukraine. Russia aimed to destroy our young state. The history of relations between the Ukrainian and Russian peoples is a chronicle of wars, the liberation struggles of Ukrainians, and a consistent policy of Russification and assimilation of our people.

The subject. The article discusses the international legal positions of Russia and Japan that prevent the conclusion of a peace treaty between them and impede a radical improvement in relations, which is perceived as an urgent need for both sides.The purpose of the article is to show the fundamental differences in the official positions of the governments of Russia and Japan and suggest a fundamentally new diplomatic and legal solution to the long-standing territorial dispute among the states, which will result in finally breaking the deadlock.Methodology. The research is based on the methods such as historical research, formal logic, including analysis, synthesis, and modeling, as well as systematic, comparative and interpretation. Materials include national and international laws and scholarly articles, books relating to Russian-Japanese relations, as well as its international legal aspects.The main results, scope of application. The authors note that the end of the Cold War transformed Europe. Since that time there have been a reformatting of military alliances, the unification of Germany, reconciliation of the nations warring since ancient times. All these are based on the recognition of the inviolability of the outcome of the Second World War and established territorial structure. In comparison with Europe, it had smaller consequences in Asia. All previous dividing lines and lines of conflicts are preserved. Nothing was done to reunite the divided nations. Reconciliation by and large also did not happen. One of the burning problems has remained the territorial claims of Japan to Russia on the four islands of the Southern Kuril and the unresolved long-standing dispute over affiliation of the islands. The international legal position of Russia is that the legal status of the islands was determined by the results of the Second World War. Japan proceeds from the premise that the Islands historically belonged to it and the actual sovereignty of Russia over them does not change the case. Since the international legal positions of the sides do not have any common ground, it is pointless to argue about them or try to change them.Conclusions. In this situation the only possible wise and fair solution is to bring the dispute beyond the framework of bilateral relations for quite a long time, which will need to be used for their radical improvement. In the article the authors explain in detail how it can be done. In particular, it is proposed to establish a special Russian-Japanese international court ad hoc. The study explains and justifies its possible mandate, the procedure of formation and the role of the agreement establishing such a Court in the conclusion of a peace treaty between the sides. It is shown how and under what circumstances the activities of the Court can be successful and bring the desired results.