Law and Modern States, 2013, No. 3


                LAW AND MODERN STATES




Comparative Studies Journal ISSN 2307-3306
№ 3/2013            www.bar-association.ru

            LA AND MODERN STATES



        Comparative Studies Journal ISSN 2307-3306




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    Contents





Editorial ....................................................5
Comparative legal studies
Olga Seregina
The Development of Science and Technology as a Factor Contributing to Changes in Modern Legal Systems ..9
Valery Reutov, Alexander Vankov
On Consolidation as a Form of Systematic Arrangement of Legislation ............................................. 17
Sergey Nosov
Problems Regarding the Increase of Legal Consciousness in Russia ...................................................23
Lyudmila Golovina
The Relevance of Emotional Psychology to Understand the Law .28
Olga Tsybulevskaya, Tatyana Kasaeva
Professional Ethics Standards in the Russian Legal Field ....32

Anti-Corruption Legislation
Natalya Mamitova
Problems of Forming Anti-Corruption Law Policy in Modern Russia ............................................40
Tengiz Tatishvili
Anti-Corruption Examination in the System of Measures Designed to Counteract and Prevent Corruption ...47
Alexey Ivanov
Specific Features of the Legal Framework in the Domain
of Entrepreneurial Business and the Counteraction of Corruption: Comparative Research ........................................56
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Contents

Russian Law
Andrey Soloviev, Yury Filippov
Course of Justice of Arbitration Courts in the Russian Federation ....................................65
Alexander Minaev
Rules of the Russian Federation Border Regime ................73

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    Editorial





Pravo i sovremennye gosudarstva [Law and Modern States] is a research and practice law journal published since 2011. It is intended as a special forum for scholars at the beginning of their careers to publish articles based on the results of their research within the framework of the Law-Making and Legislative Process programme at the Russian Presidential Academy of National Economy and Public Administration.
  For two years the journal was published in a semi-professional version, during which time a circle of authors and methods of preparation of research and practice were formed. The major of these is the Round Table that is held on the last Friday of every month, in the afternoon. Here, in a creative and friendly atmosphere, we discuss topical issues, and listen to papers by the most prestigious scholars as well as by postgraduate students, master's degree and even undergraduate students. Such cooperation creates an opportunity for widely different researchers to work together, and guarantees transfer of experience and continuity of generations. The subjects discussed at the Round Table are socio-political, legal and social: comparative studies are encouraged, where identical developments in different countries are associated.
  The journal moved to a new level in 2013 when we set a new task for ourselves: to make our Russian scholars renowned in the foreign academic community, and for that it was necessary to enter foreign scholarly citation indices. In conducting that mission we were helped by the representative of Rossotrudnichestvo (the Russian Federal Cultural Agency) in the USA, the Director of the Russian Center of Science and Culture (RCSC) in Washington, Yuri Zaitsev, and a professor of the Russian Presidential Academy of National Economy and Public Administration, Galina Komissarova.
  A new concept of the journal was developed, and work on a new professional-quality level started. Thereby, at the beginning of June 2013, the second issue of the journal Pravo i sovremennye gosudarstva was published in Russian and a proof copy of its English version, Law and Modern States, was prepared.
  The novelty of the journal consists in its being published now in mirror copies: in Russian and in English. On the basis of a



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Editorial

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From left to right: D.V. Filatova, S.V. Boshno, Yu.A. Zaitsev, M.L. Davydova, O.L. Seregina in the Russian Center of Science and Culture (Washington, DC), June 11, 2013

transcontinental discussion, its appearance, including cover, headers and footers, fonts etc., was radically revised. The design versions were changed several times, taking into account the remarks and suggestions of an American publisher and developments within the editorial collective, to achieve the current design.
  Not long ago our journal celebrated a significant event in its history Tire presentation of its English version in the USA. What is the meaning of that event and why is it so important for our authors, subscibers and readers, along with the editorial board and the editorial staff? Our journal was intended as both an academic and a popularizing publication. We want to prepare and publish articles that will be useful and understandable not only to a Russian readership, but also to foreign readers. It is not a simple problem but we work to solve it together and sharpen our skills as we do so.
  Presentation of the journal was in the RCSC in Washington as part of the 2013 32nd World Russian Forum, on the very symbolic date of 11 June Tire the eve of Russia Day. The participants of the event were well-known Russian and American scholars, those working in culture, politicians and representatives of the media. The forum was devoted to the pressing topics of Russian-American relations and touched the most diverse subjects. For relations between countries are not only a matter of politics Tire science, including legal science, can do very much for creating mutual understanding of citizens and countries as a whole. Detailed information on the 6

Editorial

At the presentation in the Russian Center of Science and Culture (Washington, DC), June 11, 2013

forum is on the official website of the RCSC: http://rccusa.org/ ru/2013/06/13/4185/.
  The journal was presented to the forum participants. The presentation was attended by the editors of the second issue of 2013: Professors Svetlana Boshno and Marina Davydova, as well as the editor of this issue, L. L.D. Olga Seregina. On the evening of 12 June, an official reception in the Russian embassy in the USA confirmed the importance of our legal scholars' cooperation in conditions of a none too simple political reality, with the necessity for unification of all creative forces with the aim of attainment of mutual understanding.
  Cooperation was offered by various participants of the conference. The surprising thing is that among them were many people in the RCSC who spoke Russian or were willing to speak it, that is, studying our language. Perhaps soon we shall not need to translate our journal into English because we shall be read in the USA in Russian (a joke). But before that wonderful time comes, our main care is quality of translation and conveying the sense contained in the articles. More precisely, it is not a translation but an adaptation of our legal understanding of the world for readers whom we respect very much and want to interest. It was really a transcontinental presentation because among its organizers was Johannes Zeleker, Ph.D. (Archaeology), born in Ethiopia, who provides support for our journal on the African continent.
The composition of the editorial board was also enhanced: it was joined by Honorary Professor of Law of Pennsylvania State 7

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Editorial

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Russian Ambassador in the USA S.I. Kislyak and the Editor-in-Chief S.V. Boshno

University's Dickinson Law School, William E. Butler, and the Director of the Indonesia University's (Jakarta) Center of European Studies, Professor Jenny M. Hardjatno (both know Russian well and can actively work at the earliest stages of the journal's preparation).
  Now the journal is known and expected not only by Russian readers, and that places great responsibility on our whole team of authors and editorial staff.
  Today our journal is a professional publication registered as a media means. In fact, there are two journals in two languages with different ISSNs. The journal is submitted to the Book Chamber of Russia and is included in the Russian Scientific Citation Index.

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    Comparative legal studies





THE DEVELOPMENT OF SCIENCE AND TECHNOLOGY AS A FACTOR CONTRIBUTING TO CHANGES IN MODERN LEGAL SYSTEMS¹


Olga Seregina
L. L.D., Associate Professor, Chair of Civil and Arbitration Process Volgograd State University

Abstract: This article emphasises that scientific discoveries, developments and the creation of new computer programs have become driving forces in the shaping of modern procedural and substantive law. Current trends in the development of nanotechnology and its influence on the nature of exclusive rights are considered. The application and improvement of information technology is presented as a tool to change the rules of procedural law, the work of state bodies and the judicial system in particular.
Keywords: nanotechnology, intellectual property, government policy, protection, new idea, legal activities, technology, comparative legal.

Scientific discoveries, developments in different spheres of society and the state and the creation of new computer programs are the driving factors that have influenced the development of existing procedural and substantive legislation and that have spurred the introduction of new concepts, procedures and directions of legal activity. Nanotechnology and the nano industry, for example, is currently one of the most promising fields in science, technology and industry. New technologies and innovative and current trends in the development of this sphere have affected the nature of exclusive rights.
  Taking into account the governmental policies of the Russian Federation in the sphere of nano industry, including issues regarding the financing of specific developments in this area and the generation and distribution of potential income generated as a result of the introduction


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   ¹ The study was supported by the Ministry of Education and Science of the Russian Federation, Agreement 14.A18.21.2003, “Modernization of Technologies of Legal Activity in the Legal Systems of the Modern World”.

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of crafted objects or other discoveries, the registration of intellectual property rights to protect them is currently of increasing interest.
  In the international community at present, the intellectual property rights protection mechanism has been sufficiently debugged.² In many developed countries, these mechanisms have long been purposefully created by authorities and stimulated by business competition. Direct state regulation of innovative processes in different countries plays a critical role in ensuring innovative development.
  Innovative activity currently is perceived as a necessary attribute in market relations.³ Innovation, in the literature, is considered to be the creation of something new and previously unknown and is identified with the creative activity connected to the development of new goals and the corresponding means or with the achievement of known objectives using new tools.⁴ * * * * * ¹⁰
  Innovative activity means the transformation of the results of intellectual activity into inventions, useful models, industrial samples, selection achievements, topology of integrated microcircuits, databases, know-how and computer programs. In addition, the products must be introduced into circulation in the community. All this shows the objective existence of a direct link between the concept of copyrighting created objects, methods, means or other discoveries and the attribution of tangible and intangible rights to them as well as the registration of these rights and the methods to protect them.
  When a society is experiencing this type of progress, the role of the state in regulating the processes in the civil law for the legal protection and production of objects as intellectual property, as well as providing for the protection of the rights and lawful interests of authors, creators, organisations, investors and the state in general, is important.
  During the process of economic reform in our country, the position of intellectual property has changed dramatically. At the present time, the protection of intellectual property is playing a special role

   ² Trimble M. Global Patents: Limits of Transnational Enforcement. New York: Oxford Univ. Press, 2012.

   ³ Volynkina M. V. Grazhdansko-pravovaja forma innovatsionnoj deyatelnosti [Civil-Legal Form of Innovative Activity],Synopsis, Doctor in Law Thesis, M., 2007. P. 3.

   ⁴ Eropkin А. А. Pravovaja reglamentatsija ponyatija “innovatsii” v rossijskom

zakonodatelstve [The Legal Regulation of the Notion of “Innovation” in the Russian

Legislation] // Pravovye problemy nauchnogo progressa [Legal Problems of Scientific

Progress]: Materialy zasedanij Mezhdunarodnoj shkoly molodykh uchenykh-juristov

[Materials of Sessions of the International School of Young Scientists-Lawyers]. М.,

2010. P.154.

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        Olga Seregina. The Development of Science and Technology in state policy and may contribute to the early growth of social and economic development in Russia.
  The emergence of new ideas in the sphere of nanotechnology requires the development of an identification system for intellectual property rights. The system needs to more closely define and register an invention of a completely new quality, identify the geographic place where a discovery occurred, provide for the registration of a copyright for that discovery, provide property rights for research having a global character, take into account multinational teams of participants in research groups and choose a patent system.
  In this connection, and in view of the rapid development of science and technology, the identification and protection of intellectual property rights and the execution of patents for innovation and inventions is becoming important because they provide unconditional economic benefits and advantages. Because rights to scientific discoveries are given special value in a new era of innovation, issues of intellectual property rights, and in particular, those related to nanotechnology- based products, are vitally important to enhance competition, the promotion of innovation and the introduction of new technologies.
  Prior to the identification of specific problems in nanotechnology that need to be resolved, it is necessary to define certain concepts.
  Nanotechnology is the interdisciplinary field of fundamental and applied science and techniques. It contributes to the simultaneous development of theoretical justifications, practical methods of research, as well as methods of production and the use of products with a specified atomic structure by the controlled manipulation of individual atoms and molecules. The deployment of advanced scientific achievement in nanotechnology allows us to refer to it as high technology.
  Nanoscience is a science developed and studied within the framework of physics, chemistry, molecular biology, genetics, microelectronics, computer technology, medicine and pharmacology. Thus, nanotechnology is a very broad term that includes research in various branches of knowledge, possible discoveries, production methods and much more that, at the current stage of development of science and technology, cannot be assumed, otherwise these discoveries would already be made. Nano discovery is a completely new sphere and probably, therefore, a prospective one. It is difficult to predict exactly which intellectual property rights can be used to protect this or that nano discovery. However, undoubtedly, the acquisition of new knowledge in the field of nanotechnology and its deployment in innovative activities may affect the role and place of this country in the international community, promote a higher standard 11

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of living and quality of life for the population and contribute toward ensuring national security.
  The concept of development of products in the Russian Federation in the field of nanotechnology for the period up to the year 2010 has defined nanotechnology as a set of methods and techniques that, in a controlled way, make it possible to create and modify products that include components that include at least one dimension that is less than 100 nm in size. As a result of this, they have a completely new quality allowing their integration into fully functioning systems of a larger scale.
  Currently, the goal of science in various fields is to produce devices necessary to create and manipulate nanoparticles. There is no need at all to create an object smaller than 100 nm. The primary goal is to study these properties, to learn to control them and perhaps to utilise them in macro-objects.
  Thus, the concept of “nanotechnology” is used to define the knowledge and management of processes under 100nm in scale when that size leads to the possibility of new applications. In addition, the properties of objects and materials at the nanometre scale are used to create improved materials, devices and systems implementing these properties. The basic discoveries that have been predicted in the field of nanotechnology have not yet been made. However, the research that has been conducted is already yielding practical results.
  It appears that the formulation of proposals for the establishment of legal protection for nanotechnology, which is not yet recognised as a new source of intellectual property, needs to start with a determination of whether existing and prospective nano discoveries should be categorised as any type of intellectual property previously established by legislation.
  Products of the nano industry can potentially be used in the results of certain types of intellectual activity which, pursuant to legislation, may be registered and to which legal protection is granted; these include useful models, industrial samples, selection achievements, topology of integrated microcircuits, programs for electronic devices and databases.⁵
  The types of intellectual property listed above require various types of registration, protection or patenting.

   ⁵ Seregina O. L. Intellektualnye prava na rezultaty innovatsionnoj dejatelnosti [Intellectual Rights to Results of Innovative Activity]: metodicheskoe obespechenie prepodavanija distsipliny [Methodological Support for Teaching Discipline] // Izvestija Volgogradskogo gosudarstvennogo technicheskogo universiteta [News of Volgograd State Technical University], 2013. № 2. P. 41.
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