Russian Journal of Comparative Law

53-64

Authors: Punsara Amarasinghe

This article seeks to examine the rigor of civilizational values in modern international law as a crucial factor and how historically different civilizational values have inculcated different approaches to international law. While critiquing the civilizational rhetoric built by European nations in creating Eurocentric international law, this article brings how international law has been perceived by China and Russia following their historical complexities as unique states. Results emerging from this paper will demonstrate the different diversity in international law in different countries.

77-84

Authors: Elena E. Korolkova

In 2007 employees of the private military and security company (PMSC) «Blaсkwater» killed 17 civilians and wounded 18 civilians, firing randomly on them while guarding the US diplomatic corps in Baghdad. Later on this incident, the US Congress raised the subject of the criminal responsibility of PMSC`s personnel for criminal offenses committed during an armed conflict. Despite numerous claims filed by victims in US federal courts, they managed to deflect responsibility for illegal actions. The presence of gaps in the regulation of PMSCs and lack of control by military commanders adversely affected the credibility of the US armed forces. In this regard, the US Congress adopted amendments to The Uniform Code of Military Justice (UCMJ) expanding its jurisdiction over PMSC`s personnel. This decision caused a wave of criticism because in the United States employees of PMSCs are treated as civilians, and the extension of the jurisdiction of military courts for them substantially affects their constitutional rights. This article deals with the rules of criminal prosecution of PMSC`s employees in US military courts.

94-101

Authors: Ilya Vasilyev, Margarita Izmalkova, Raisa Khalatova, Anastasia Alexandrova, Evgeniya Vetrova

Scientific researches on the legal regulations of the fight against doping are carried out mainly in the Western doctrine within the framework of International law, Sports law, human rights, and European Union law. In post-Soviet legal science there is an intensive growth in the number of sports research, mainly sectoral (administrative, constitutional, labor, criminal law). However, there is practically no research on FIFA Anti-Doping Regulations. There is a difference between the two forms of anti-doping rule violation: the first form is the presence of a prohibited substance in an athlete’s sample, the second form is the use of a prohibited substance by an athlete. In this study, we will analyze the practice of the Court of Arbitration for Sport (hereinafter – CAS, arbitration) in cases of anti-doping regulation violations on issues of fault or negligence in football and draw conclusions, what facts can be accepted by the arbitration.

3-11

Authors: Ekaterina S. Anyanova

In the article the issues of the freedom of the innocent passage in the territorial waters in the law of the sea of a state are considered. As an example the prohibition for the calling of the sailing ship “Sedov” at the territorial waters of Estonia and Poland in April-May 2019 were taken. Since the bark “Sedov” cannot be attributed to the class of the survey vessel (this is a training sailing vessel), no special privileges for it are provided for. In this case the states aspire to take reasonable regulations, rules and procedures providing the observance of its laws and rules for access in its harbours. On board of the sailing ship among others there have been 72 cadets from Kerch State Maritime Technological University. The Ministry of international affairs of Estonia initially did not explain the prohibition to the sailing vessel “Sedov” to call at Estonian territorial waters. Later the Ministry of international affairs of Estonia specified the reason: on board of the sailing ship there were the cadets of Kerch State Maritime Technological University, situated in Crimea annexed by Russia, and Estonia did not recognise the annexation of Crimea to Russia. In its turn the Ministry of international affairs of Russia considered the prohibition of the calling of “Sedov” at the territorial waters of Estonia as an unfriendly act, since the basis for the secession of Crimea from Ukraine is the right to self-determination of the nation. On the 17 March 2014 the Crimean Republic announced itself as the independent and sovereign state with Sevastopol as a city with a special status. The decision was taken under the results of the Crimean referendum and the declaration on the independence of Crimea. Many states and international organizations considered the Agreement of 18 March 2014 as the illegal annexation. Only tiny amount of states acknowledged the annexation of Crimea to Russia. On the basis of the stated facts the findings of internationally legal nature are made that since the calling of the sailing ship at the ports of Poland and Estonia would contradict to the policy of respect of the territorial integrity of Ukraine and the non-recognition of the annexation of Crimea. The both states demonstrate that they do not respect the integrity of Ukraine and do not accept the annexation of the peninsula. After the annexation of Crimea the Western states Estonia and Poland react on this situation by the prohibition of the Russian vessel to visit the foreign ports.

23-33

Authors: Ngoc Ha Thi

Internet and other electronic means are on the way to spread greatly to all areas of social life, especially for the economic development of each country as well as the global economy. E-commerce is an indispensable and important development trend in the future of world trade, it becomes one of the strategic objectives of each country to promote the economy and expand international cooperation. Along with the positive effects, e-commerce still has many drawbacks and shortcomings such as security and safety of personal information when e-commerce transactions are multi-way connected, information exists in the form of data and transferred on the network; network security issues in general and security in e-commerce, in particular, are increasingly threatened, the emergence of high-tech criminals take advantage of personal customer information to fraud and appropriate property, especially in the field of consumer protection; the infrastructure has not yet met the growth and development of e-commerce. The article is based on the Vietnamese law on e-commerce and analyzes an overall picture of the development of e-commerce in Vietnam in recent years.

41-47

Authors: Ilya Vasilyev, Margarita Izmalkova, Raisa Khalatova, Mariam Aroyan, Daria Punko

The practice of concluding employment contractsby professional football players and coaches, assistant coaches with clubs from China demonstrates some usual business practices encountered in football related to the conscientious and negligent performance of these contracts by the parties. To identify them, let us turn to the available appeal practice of the Court of Arbitration for Sport (hereinafter – CAS, arbitration) regarding the decisions of the FIFA Committee on the status of players (hereinafter – the Committee). In this article, we turn to all disputes involving clubs from the PRC, considered by arbitration, and united by the question of applying “just cause” for termination of an employment contract by one of the parties.