2015. No. 2

As part of the legislative work of the common rules of civil procedure to be applied by the courts of general jurisdiction and arbitration courts, the author addresses the problem of unification and codification of principles. The thesis of the need for a broader approach: include major, cross-industry principlesand institutions, and the principles of international law relating to the rights, freedoms and legitimate interests of the person, including the judiciary ones in the new code. Based on the analysis of the main provisions and principles of international law, the author concludes that there is a need for consolidation in the new code of principles of a fair trial, to be informed with regard to matters affecting the rights, freedoms and legitimate interests; freely exercise procedural rights; access to free legal aid in case sstipulated by the federal law; compliance with private and public interests; compliance with the principle of legal certainty. In this case, the focus is on what part of the principles of the concept of a fair trial is already familiar in civil and arbitration process, and the other part is known only by the decisions of the European Court of Human Rights Complaints against the Russian Federation. However, mechanical transfer of the principles already enshrining civil process in the new code will not be consistent with theobjectives and purposes of civil proceedings. The principles of civil procedure are necessary to comprehendsubject to the progressively developing legal, judicial practice, including the European Court of Human Rights. The author by the example of the openness and consideration of the case within are asonable time demonstrates the objective necessity of updating the content of the principles of civil proceedings, taking into account the use of electronic public services. The article also draws attention to the need to establish a uniform level of legal safeguards that arise from the generally recognized principles of international law, the rights, freedoms and legitimate interests in judicial and non-judicial proceedings.

Freedom of information has been the subject-matter of debates since the first meetings of the UN bodies. A number of international treaties have been adopted, numerous regulations and recommendation have been put into effect at the universal and regional levels concerning this problem. Despite this,implementing freedom of information is still very complicated. This article considers only a part of this significant problem — what should be the degree of freedom of information, when the dissemination is performed through the media. The position of states in this regard is far from being unanimous one. What was obvious to most states immediately after the Second World War undergoes substantial revision that does not enhance mutual understanding among nations, and may even contribute to the deterioration of bilateral relations. Contrary to the opinion of some scientists that the principles and norms of international law have developed media law, the author is inclined to support a different view about their relevance of artificial separation of media law from technical and substantive aspects of information law on the whole, and separating the problems of international legal regulation of information relations information from the context of the applicable in international law branches. Besides, most principles formulated by the researchers of international information law are the principles of mass media law. Universally accepted definition and the very concept of mass media are missing, which hinders the development of common approaches of states to regulate the means of disseminating information insociety. This article provides up-to-date information on the most relevant areas of cooperation amongstates in the field of information dissemination. The data on new projects submitted for consideration byvarious international organizations are provided, the scope of potential formats for discussion at the international level, the problems of information dissemination, the most interesting cases of international courts are considered to understand how absolute the freedom of disseminating information is. Thestates should look for common approaches for the maintenance of international peace and stability, no matter what technical means are used.

Human rights have always been a category opposing national sovereignty and state power. Since the 1990s in the Western (American primarily) doctrine of international law, a view has been established that the principle of respect and the protection of human rights should dominate the other fundamental principles of international law primarily non-interference in the internal affairs and even non-use of force. As to state sovereignty, in the era of globalization, its role might decrease as in particular humanrights should acquire a universal significance and become part of responsibility for the international community. The paper justifies the imbalance between the approaches and modern reality in international practice. Opposing state sovereignty (its independence in the international arena and supremacyin internal affairs) demand of respect and the protection of human rights is opposition. The case of the Middle East shows that the state continues remaining the major institute ensuring the fundamental human rights only under a stable political regime, ensures a stable economic development and the protection of human rights. The responsibility of international community at least now cannot substitute the active role of state: the major responsibility to ensure human rights lies with national states. Theprogressive development of international law should aim the strength of stability and administration institutes in trouble-plagued regions. As the major trend in the development of international relations is regional integration, the role of regional organizations will increase including human rights. In these circumstances, the UN should develop a system of closer cooperation with regional integration institutes.

The article features a topical issue of the correlation between information security and human rights.The Russian concept of information security is interpreted as a state of safety for the vital interests of aperson, society and state. In the US and EU, the definition to information security is associated with the principles of confidentiality, integrity and accessibility to information or information systems. Implementing both principles allows ensuring a balance of interests for various participants of legal relations and hence providing guarantee of human rights in the area of information security. The influence of modern technologies is evident primarily in personal rights in which the right to privacy makes a special domain. On the one hand, the measures to ensure information security targeting the protection of the right guarantee theright of privacy. On the other hand, when restricting the right to privacy, appropriate guarantees should prevent possible abuses with such restrictions which cause the threats to information security of a person. Besides the confidentiality, integrity and accessibility principles, special legal principles were developed to determine the limits and terms to implement the right to privacy. The major mechanisms to protect theright to privacy in the principles are the consent for personal data processing and the notification of it. At the same time, with the development of Internet technologies, such mechanisms are insufficient to respect the right to privacy. The development of guarantees for the right is implemented by creating additional mechanisms of protection and confidentiality expressed in special requirements to collecting and processing personal information. Modern technologies lead to new threats to national security and state information security. The need to protect such concepts is a reason to restrict the right to privacy. The balance between such restrictions and aims serves as a guarantee of human rights and personal information security. The states with democratic legal regimes tend to stipulate the priority of human rights to national security. The less is the significance of democratic values in a political regime, a greater role is given to ensuring national security to protect the existing model of state governance. It leads to setting various restrictions to human rights including the right to privacy.

The theory of labor law lacks a properly developed conceptual framework for labor protection (definitions and terminology) primarily in terms of international labor law. Besides, a conceptual legal model of labor safety and hygiene is missing. Hence, the author attempts to bridge lacuna in the theory. The methodology of the paper is based on the law as a fundamental regulator of public relations, the doctrineof Russian labor law. The concept of labor protection and hygiene has been presented here not only in terms of international labor law and modern theoretical approaches but the draft of the federal law on Labor Protection and Hygiene. The major conclusions are as follows: the term labor protection did not match ab initio the conceptual idea and purpose, i.e. to contribute to the protection of life and health of worker; the definition of labor protection given in article 209 of RF Labor Code seems inconsistent and incorrect. In terms of the theory of Russian labor law, labor protection should be defined as a system of legal rules regulating social and economic, technical, sanitary and hygiene, therapeutic,rehabilitation and other relations to ensure health and life of worker; the category of labor protection requirements is hardly relevant to Russian law including article 37 of RF Constitution; some definitionsand terms mentioned in federal laws and rules either overlap article 209 of RF Labor Code or do not correspond to it, which determine the problems of their application. In perspective, it would be relevantto carry out their unification. If the Federal law on Labor protection and Hygiene is enacted, section 10 of RF Labor Code may be advised to entitle Labor Protection and Hygiene and attach a new content. Due to this, all legal doctrines (Soviet and Russian) on labor protection require revision.

Modern global space is a new reality that improves not only the means of people`s interactions but influences the principles of organizing the production and labor relations. Under the conditions of economic modernization and globalization, some non-standard forms of employment have been appearing. The research of already formed legal patterns allows working out non-typical ones meeting the needs of the modern world. Thus, non-typical legal relations have already been functioning for a long time in labor law and at the same time more and more new non-traditional forms of employment appear. Modern methods of organizing business cooperation and social communication influence the sphere of labor cause to appear new effective forms of employment. Because of the demands of modern society, itis important to consider these changes that some classic institutions of labor law are exposed to. Forexample, concluding employment agreements for performing specific work for a certain period of time now is not an exception but a rule. A new effective form of employment is a distant employment that has already found legal regulation in this country. The model of distant employment eliminates the existing gaps in regulating non-typical labor relationship. Today it is important to renew the Russian labor law and adjust it to the process of appearing and developing new labor relations and forms of labor organization. Similar relations can serve as a legal base to a certain extent. However, it is important to disclose legal background of distant employment and features separating it from other similar legal phenomena that have become a prototype of distance employment to a certain extent. Thus, an attempt of the analysis of relations has been taken in this article such as: working hours, work at home (similarities and differences of home and distant labor are given), working place, self-employment, workby call (different forms of such labor are shown), an agreement “zero hours” (a labor treaty without anycontent is analyzed), a treaty “minimum-maximum” and others. The basis for the research is the norms not only of Russian but foreign legislation. In this work, special aspects of distant work are defined. It isnoted that the examples of distant management of labor resources demand the further development of regulations of worker’s labor function.

The author analyzes a range of views on establishing a concept of special disciplinary liability. Special regulatory acts on the issues of special disciplinary liability are studied. The attention is drawn tothe lack of a unified statutory act on the legal regulation of labor discipline. The issue of disciplinary measure types and their examination in relation to special disciplinary liability has been touched upon. Besides, the paper examines the issue of the possibility of disciplinary actions for special actors for making a violation after working time. The author proposes to classify the cases of a special disciplinary liability action by the activities of employees (not on the specification due to the sectors of economy) and specifies five groups. The paper analyzes the concepts of special disciplinary liability proposed by legal academics and shows the necessity to develop this academic concept. The author proposes a definition of special disciplinary liability understood as a liability of the employee for a misconduct related to the specifics of their work performed function stipulated by federal laws, statutes and legal actson discipline. The author proposes to fix a disciplinary sanction for a period of two years. Its extension will make the employee disciplined to prevent him from committing further misconduct. It is proposed to fix a special disciplinary liability the employees of underground transport system. The circumstance is determined by significant differences in job duties for underground and railway system. The article notes the need to adopt a list of positions that are subject to special statutory acts, such as the charter of discipline of employees of the organizations maintaining high radiation hazardous and nuclear hazardous production. It is proposed to develop specific statutory act on special disciplinary liability in medicine. The author stresses that it is necessary to expand the list of employees on a special disciplinary liability. This would improve the efficiency of performance of employment duties.

This article examines the rationale of the new requirements to the participants of public procurements under the Federal Law On the Contractual System in the Procurement of Goods, Works and Services for State and Municipal Needs dated April 5, 2013 No. 44-FZ. Comparison with earlier existing requirements established by the Federal Law On Placing Procurement Contracts on Goods, Works and Services for State and Municipal Needs dated July 21, 2005 No. 94-FZ was carried out. Federal Law No. 44-FZ established obligatory and additional requirements. Each new obligatory requirement to participants was separately analyzed. The author examined the viability of the requirements. Judicial andadministrative practice concerning obligatory and additional requirements has been taken into account.The paper revealed that additional requirements were ruled invalid if they were not necessary and did not influence legal relations. However, the absence of obligatory requirements to tender documentation is illegal. The analysis of new requirements to the participants in light of the introduction to the Russian Federation Labor Code Article 19.1 was carried out. As per Article 19.1 of the Russian Federation Labor Code the formal ban on making civil law contracts by employers who are involved in labor relations with performers. New articles of the Code of Administrative Offences of the Russian Federation were analyzed,especially Articles 5.27 part 2 and 5.27 part 4, which came into force as of January 1, 2015. Risks and consequences for participants in case of discrepancy to requirements were specified. The author makes the following conclusions: establishment of new requirements to participants of public procurements are not always reasonable, especially considering the fact that public authorities have more powers in the sphere of the termination of the contract with the supplier due to the non-compliance with requirements. Some requirements need more accurate legislative wording as the efficient practice of the implementation remains inconsistent.

The paper on the basis of the separation of power principle features the institute of judicial constitutional (charter) supervision in the Russian Federation constituents and legal issues of setting up constitutional (charter) courts. Despite the fact that the constitutions in all Russian Federation constituents and rules of constitutional (charter) courts contain this principle, currently, similar bodies of constitutional justice function only in 16 of 85 constituents. At that, a number of RF regions have eliminated or postponed the activity of such courts. The authors present their attitude to the causes of such a negative situation and show on the basis of constitutional law rules that the absence in every RF constituent a constitutional (charter) court deprives its inhabitants of an important and efficient mechanism of protecting their rights and freedoms. The rationale of setting up constitutional (charter) courts in all Russian regions is determined by the idea contained in articles 45 and 46 of the Russian Federation Constitution on providing by the state judicial protection of rights and freedoms of a person and citizen by implementing justice by the state bodies of constituents. The paper criticizes alternative mechanisms of enforcing constitutional (charter) justice including transferring such powers to the Constitutional Court, combining the competence of the courts of general jurisdiction and constitutional (charter) courts, creation of the bodies of constitutional justice within federal districts. A serious obstacle to establish a system of regional constitutional justice is seen in the lack in the Federal constitutional law On the Judicial System in the Russian Federation a rule stipulating the presence of the bodies of judicial power in the constituents. The paper proposes to enforce a law on the obliging the federal constituents to set up such courts. The authors share the opinion on adopting a federal law to regulate the activity of constitutional (charter) courts in the RF constituents but note that not only a federal law is required but a federal law On the Common Principles of Establishing Legislative (Representative) and Executive Bodies of State Power in Russian Federation Constituents requires changes which will add provisions on the activity of such courts and altering the title of the law.

The author suggests an approach to the clarification of the relations among key concepts in judicial law such as judicial activity, judicial proceedings, organizational activity, justice — all of them in their relations with the contents of the concepts of specialization, competence, jurisdiction. The author considersthe views of Russian researchers on the relations between the concepts of justice, legal proceedingsand judicial activities, continuing to develop the position that justice is an integral part of the judicial activities. The author describes basic reasons for identifying types of legal proceedings and formation of certain types of court jurisdiction and the basic mechanisms of judicial specialization, identifies and describes two types of judicial specialization (functional specialization within the judiciary and institutional specialization in judicial system). The paper reveals the content of the institutional specialization which includes emergence of various jurisdictions (types of court jurisdiction), and the allocation of certain competencies within these jurisdictions for specialized courts. The author proves the necessity of distinguishing competency specialization (formation of specialized courts) on the specialization of jurisdictions and argues that specialized courts can exist only within the jurisdiction; jurisdiction, allocated according to certain criteria, always involve specialization, which removes the need to usethe concept of specialized jurisdiction. On this basis, the author justifies the fact that in Russia specialized courts are the court for intellectual property rights relating to the arbitration courts and military courts subsystem relating to the courts of general jurisdiction. He considers the national doctrine has developed signs of judicial specialization, proposes to identify the features of judicial jurisdiction and specialized competence and the variants of the interpretation of the concept of justice in relation to the description of types of court jurisdiction in Russia. Developing changes in the Russian judicial system (formation of specialized courts, the abolition of the High Court of arbitration jurisdiction, the rejectionof the creation of separate administrative jurisdiction and the juvenile justice system) are described interms of the process of developing best practice and defining the limits of specialization and differentiation of judicial activity.

The article discusses the situation surrounding the criminalization of fraud in the field of enterprise. The author notes the social significance of entrepreneurial activity and arising associated risks including those ensuing from failure to fulfil contractual obligations, the threat and acuteness of risks posed by fraudulent encroachments on property and its investment appeal; the author emphasizes the obligation of the state to implement measures aimed at minimizing entrepreneurial risks, stimulating good faith relations between property and enterprise, ensuring protection of property rights inter alia through the instrument of criminal law, the legal norms of which must preclude unjustified criminal prosecution and act as a powerful factor inhibiting encroachment on property and the legitimate interests of entrepreneurs, serve as one of the means of ensuring legal protection for conscientious entrepreneurs and investors, and not demonstrate loyalty to criminal business. The author bases his discourse on the legal positions of the Constitutional Court of the Russian Federation, expressed in its Resolution dated December 11, 2014 № 32-П “Apropos the Revision of the Constitutional Provisions of Article 159-4 of the Criminal Code of the Russian Federation pursuant to the inquiry of the Salekhard City Court of the Yamalo-Nenetsk Autonomous National District.”

Following the transfer of supervisory powers in the system of highest level arbitrazh courts to the Supreme Court of the Russian Federation, some 350 tax cases have been heard. On the basis of judicial acts passed, it is possible to establish the positions adopted by the Supreme Court of the RF in resolving tax disputes, set out the tax risks inherent in the process of performance of entrepreneurial activity, and also asses the outlook for court examinations with tax authorities. The article describes the general nature of acts of the Supreme Court of the RF and examines their significance in the formation of practice concerning tax disputes. The author addresses issues regarding the implementation of various judicial concepts (for example, the concept of the good faith of the taxpayer and due diligence). Attention is drawn to general questions of tax legislation in the part concerning application of the method of calculating tax obligations and distinction between various forms of tax control (cameral and field inspections). At present, the Russian government is paying particular attention to the administration of value added tax. A system of total control over payment of VAT is being instituted with the aid of electronic technologies (formation of the BIG DATA system). Consequently acts of the Supreme Court of the RF relating to disputes concerning VAT acquire special importance. The article analyzes the more interesting cases involving VAT examined by the Supreme Court in 2014. The author presents an evaluation of the feasibility of the approaches of the courts in resolving various disputes connected with VAT. In the practice of the Supreme Court of the RF, a significant number of acts touch upon questions pertaining to payment of tax on profit by organizations. This issue required their separate examination in the present article. Moreover, special attention is given to disputes connected with the application of agreements on avoidance of dual taxation upon the payment of tax on profit by organizations. The author notes the emergence of a negative tendency of divergence from the principle of the priority of international law in the resolution of tax disputes.

This paper aims to analyse the philosophical premises on which the idea of unity of law (the identity of legal systems) is based. In the history of legal philosophy, this idea found its main arguments in the presumption of totality of legal regulation. Such totality affected the philosophical tenets of holism, according to which law is not limited to positive-law rules and institutes. Law refers to supreme values, which supersede legal instruments created by human beings and collectives to regulate their behaviour. This argument implies that there are higher values, such as justice, good, etc., which underlie all social relations and which provide the binding force for positive law. The author argues that this line of thought is based on philosophical objectivism and naturalism, and can easily lead to the primacy of the social over the individual. To substantiate the idea of the systematicity of law, one can turn to modern debates on the logic of social cohesion and construct a legal system identity as a purely intellectual hypothesis necessary for thinking about law. This integrity can be described as a unity of discourse, or as a unity of societal practices. This reconstruction of the integrity of law can be extended by appealing to the basic ideas of the normative philosophy of law (from Hart and Kelsen to Raz and Dworkin) and is reconcilable with the conception of normative systems of Bulygin–Alchourron.

The article features major tendencies of reforming the legislation in context of legal reform in the Kyrgyz Republic. The works of legal scholars concerning the influence of various factors on the transformation in the legislation have been analyzed. Practical significance of the influence on the Kyrgyz Republic’s legislation development has been researched. The analysis of pluralism of legal theories allows identifying the main social factors influencing the development of the Kyrgyz Republic’s legislation.The legislation of the Republic develops in the conditions of a dynamic evolution of social relations. Therefore, legal reform as a complex of radical changes in the legal system which is carried out forthe formation of the democratic state becomes very importance. Legal reform has to be carried out by a purpose-oriented, developed and planned activity. One of the main components of legal reformis the reform of the national legislation. At the same time, it should be noted that legal reform cannotbe effective without social factors which influence the system of legislation of the Kyrgyz Republic. Inthis regard, the theoretical-legal analysis of these factors gains a special relevance. In legal theory, thequestion of the factors that influence the formation of the legislation is debatable. It is common knowledgethat the legislation is a fundamental basis of legal system. The legislation of the Kyrgyz Republicis determined by the law-forming factors of substantial and ideological character. Adequate reflection of the existing public relations in the legislation, defining the ways of their regulation are possible only in case of the identification of a circle of the operating factors and determining the real roles of each ofthem. In the Kyrgyz Republic, the development of the legislation is influenced by the following major (external) factors: political, social-economic, national, theoretical-ideological, sociocultural, administrative and international. Social factors of the legislation influence the possibility of identifying needs for legal regulation, development, acceptance, change or cancellation of laws, their contents and application.Thus, the dynamics of social factors is directly reflected in the features of the legislation of the Kyrgyz Republic development.

The article considers the existing approaches to legal regulation of fixed-term contracts in several EU countries. The impact of the EU Directive on fixed-term contracts (1999) on labor law in the countries ofthe European Union is analyzed. In particular, it considers acts of Germany, the UK, Belgium etc. All EU countries have implemented in their labor legislation the main provisions of the EU Directive on fixed term contracts. However, the legal mechanism for implementing the norms of the Directive at nationallevel has its own specifics. It is defined by the characteristic features of the fundamental basis of laborlaw in the EU member-states. As a consequence, one could conclude that, despite the commonality in legal regulation of fixed-term contracts, there are different approaches to solving problems conclusion,modification and termination of fixed-term contracts. Some acts contain specific definitions, forexample fixed-term employee; a comparable permanent employee in relation to a fixed-term employee.There are different approaches to the determination of the parties to such agreement. The national actor fixed list of subjects, as well as the subjects on which it applies under certain conditions, or subjectsit does not apply, the conditions to enter into fixed-term contracts. The elements of the mechanism ofpreventing discrimination, are as a rule, expressed in the establishment of: the maximum total duration of successive fixed-term contracts; the determination of the maximum duration of fixed-term contract and the maximum number of fixed-term contracts in social partnership agreements; fixing the datefrom which the employee, at the conclusion with him several fixed-term contracts is considered to be permanent employee; grounds for termination of fixed-term contracts. Legal regulation in examined countries is based on the recognition of a fixed-term contract as an atypical form of employment andthe recognition of an employment contract for an indefinite period as the main type of employment contract in these countries.

Codification process in international private law is of global nature and involves countries not inclined to systematizing statutory law. In this regard, the case of the legislative body of the state of Oregon isworth being noted as it attempted a large-scale codification of the choice-of-law rules as to time limits, contractual and extracontractual obligations. The paper examines choice-of-law codification applicable to tort or other extracontractual obligations adopted in Oregon in 2009. The Oregon Codification ofconflict of law regulation for extracontractual obligations is of a special interest as the major battlefield of the US revolution of conflict of laws was examining disputes on tort. Besides, Oregon is a state of common law without stable traditions of codifying statutory law and the black-letter law of Oregon is aspecial example of specifics of lawmaking in common law. The paper studies the major provisions ofthe act and their interpretation contained in the official commentaries of the Oregon Law Commission. The choice of law is based on a flexible approach, i.e. identifying law correlated with the setting relevant contacts. Besides, Oregon lawmakers arrange some connectors related to the conflict of laws suchas right to residence for parties, right of the place for tort. The article concludes that methodologically, 2009 Act is a mixture of conflict of law approaches and norms. The general approach is arranged by a flexible provision, i.e. applying law relevant to a particular dispute resolution. The Act also contains specific norms in question for a variety of possible disputes arising in tort disputes. The document isbased on the approaches of conflict of law revolution and its norms may be viewed as systematizing the quintessence of US conflict of law doctrine.

In the article, the author criticizes the “divisional” approach to the classification of legal liability, demonstrates its theoretical inconsistency using the liability in the court enforcement proceeding as an example. The paper recognizes that the “divisional” approach lacks objective criteria, as well as practicalvalue for the development of legislation. Having considered the positions of the authors who usethe divisional approach, object and method of law as the criteria for classifying liability, we came to the conclusion that such positions are controversial as they are based on the subjective scientific views.Object and method of law in their traditional interpretation could not be considered individually as the basis for independent liability in particular sphere. It is essential to analyze a specific legal regime of applying sanctions based on the aims and principles of regulation. To summarize the analysis of the scientists’ positions regarding the independence of the court enforcement proceeding and enforcement liability, which mostly reflects the general discussion on the division of law, it is stated by the author that scholastic speculations often distract researchers from the current problems of liability in court enforcement proceedings. To demonstrate it, the author lists the examples of duplication of the sanctions, their transformation, which leads to the reduction of the level of legal guarantees for subjects, other problems of developing the modern and effective system of court enforcement proceedings. Instead ofthe permanent expansion of sanction with regard to the debtor, which does not bring any positive effect, it is suggested to harmonize the existing sanctions, to set up their priority and mechanism of application,which will be in consistent with principles of adequacy, justice and constitutional provisions. In the author’s opinion, today not just quantitative, but qualitative approach is required for improving legislation, regulating the court enforcement. The article is based not only on the analysis of the positions inlegal literature, but on particular examples from legislation and current court practice, analysis of the mechanisms of civil, administrative, procedural, criminal liability in the sphere of the court enforcement.

The paper features the current and hypothetical alternative approaches to showing the essence ofexclusive copyright. The author shows that the former (including the essence of the exclusive right toauthority to dispose of the copies of a work but excluding the authority to use the work as intended) bears traces of noticeable theoretical drawbacks which lead to ambiguity in practice. A natural development in this situation is to include the authority to use the work as intended in the exclusive rightand to exclude the authorities belonging to the copyright in the copies of work. The paper proves that this approach has fewer chinks for criticism and is able to solve any practical aims of copyright. The author stresses that the presented speculations do not represent a complete theory. However, though the genre of an academic article does not allow studying some particular aspects, e.g. principle of exhaustion, distributing copies of a work by agents or special features of copyright to some products,e.g. software, the material is likely to suffice to understand the key concepts of the proposed approach.The criticism presented against the current approach cannot be ignored. Still, the author did not aim too ppose the speculations to the current reform of part four of the Russian Federation Civil Code, which would by irrelevant. The aim of the paper is not to prescribe the changes in the exclusive right in the making but a platform to discuss the trends for the coming decades. No doubt that the paramount aim of the theory of intellectual property and the theory of exclusive copyright in particular are the developmentof a full-fledged consistent pattern of currently existing common norms.

Review of the book by Kasatkina A.S. Treaty about Transportation of Passengers and Goods. Textbook (2014). Moscow, Urlitinform, 176 p.