This essay proposes an analysis of Hans Kelsen’s theory of democracy. The article intends to return on some of the misunderstandings surrounding this theoretical project. Contrary to what we sometimes think, it is part of an extensive political conception. But this very deep theory is not separated from its legal conception. His reflection, on the other hand, cannot be separated from its political context: Kelsen's vision presupposes a certain commitment to democracy. If finally this theory is built around the concept of freedom, it is not a liberal one, insofar as it interprets this freedom in a political sense, near to Rousseau philosophy. Which explains his controversy with some liberal thinkers, like Hayek.

The article is an attempt to undertake a comprehensive comparative analysis of a word «science» as a legal term utilized by sources and norms of various legal systems. The first part deals with law definitions of «science» and legal terms relating to it («scientific activity», «scientific research») as they are established in international law (in UNESCO) and applied in national legislation including those of Russia. The author concludes that the term «science» is used in modern law in two meaning, i.e. the activity aiming at the creation of new knowledge («science-cognition») as well as its results («science-knowledge»). The second part deals with legal classification of science and scientific research which is conducted according to two principal (purposes and subject-matter of research) and supplementary criteria (financing, importance for State and society etc.). Author concludes on the absence in the modern law of uniform approaches to the classification of scientific research. Moreover, this situation characterizes both inter-state context (different approaches in different countries) and intra-state context (different approaches in various legal sources of the same country). The article also demonstrates weaknesses in the definition of science in Russia notably the absence of general federal law definition while several members of Russian Federation have established their own definitions of science.

The aim of the article is to analyse the legal problems associated with the protection of human rights and freedoms in the development and use of artificial intelligence systems in the European Union. Scope of the study are the norms of international law and European Union law, aimed at solving these problems. The article is written using general scientific, philosophical and special legal methods of cognition, in particular, formal-legal comparative-legal, analytical methods and systematic approach. The analysis of the system of guarantees of the protection of human rights and freedoms in the European Union related to the development and use of artificial intelligence systems, given in the article, is carried out for the first time in Russian legal science. Based on the analysis of the existing legal norms, the article examines possible threats of the violation of human rights and freedoms in the European Union when using artificial intelligence systems. The article gives the approach to ensuring the system of guarantees of human rights and freedoms in the EU. The role of the institutions, bodies and offices of the European Union in this process, in particular, the role of the European Ombudsman, is considered. The guarantees of human rights and freedoms are given through the prism of the concept of «good governance». Based on the results, the article gives possible ways of ensuring human rights guarantees in connection with the circulation of artificial intelligence technologies and reveals the areas which require changes in legal regulation. The provisions formulated in this article can be used to carry out further research on issues related to the development and use of artificial intelligence, as well as to improve the legal framework in this area.

The article is devoted to the interaction of political and legal systems. The author considers the concepts of these social systems. The compositions of political and legal systems are also compared. In the process of the research the interrelationship between functions of these systems is discovered. The author uses national and foreign legal experience.

The article presents a doctrinal analysis of the problems of the levels of legal evaluation of genetic research. The General conclusion is that the Swiss approach to this problem with the inclusion of articles on genetic research in the content of the Constitution is as unique as it is poorly focused on possible copying in foreign legal orders. The traditional approach, in line with which the national systems of constitutional law (including Russia) are built, is the absence of norms in the constitutions on the issues of genetic research; The resolution of specific cases related to medical and genetic problems in the bodies of constitutional control, as well as in supra-state judicial jurisdictions (in particular, the ECHR) may be based, inter alia, on recourse to the rapper norms and principles of national and integration law: the right to life, the right to dignity of the individual.

The Council of Europe is one of the few international structures that work out rules and standards for genomic research activity and imple menting its results in practice. Russia, as a member of the Council of Europe, is influenced by these standards and rules in this area. The practice of the European Court of Human Rights (ECtHR) is a key point as a source of Russian law in this field. This article focuses on the study of rules and standards in the field of genomic research and the implementation of their results in practice, including the legal positions of the ECtHR. The article contains analyses of the fundamentals legal regulation fundamentals for genomic research in Russia, and attempt to determine the direction of its development. This article covers the reflection of the practice of Russian courts in the genomic research matters

The article discusses the experience of philosophical substantiation of the regulation of genetic research and bioengineering in different countries. The focus of research interest is the dependence of relevant practices on sociocultural universals, ontological assumptions and epistemological contexts. The problem of the diversity of ways of interpreting the concept of genetic identity and the uncertainty of its philosophical and legal status are posed. Particular attention is paid to the relationship of genetic research with the development of modern technologies, which require integrated legal regulation, taking into account its heterogeneity and dependence on ethical, legal, natural science and social knowledge. Issues of preserving the effectiveness of legal regulation in the context of active public intervention in the natural order of human existence are themed and problematized.

The genomic information protection is an important objective of the modern technetronic society. Ensuring the security of genomic information is a direct guarantee of human rights in the field of private life, aimed to prevent outrage, abuse and discrimination based on differences in human genome. This article is dedicated to analysis of the legal framework for ensuring the security of genomic information at the international level. The article points out the main documents regulating a lawful circulation of genomic information within the Russian Federation. This article pays special attention to the legal aspects of problems and challenges in security of genomic information.

The Federal Supreme court of Germany appealed to the European Court of Justice for the interpretation of the term «human embryo». Before the European Court of Justice for the first time there was a need to consider the concept of «uses of human embryos for industrial or commercial purposes», determine their patentability. The solution adopted will determine the answers to the different questions asked, in particular the question whether pluripotent stem cells must themselves be categorised as «embryos». This article aim to analyze the EU Court position in the «Oliver Brüstle v Greenpeace eV» case. The article discusses a factual backgraund of the case and the regulatory basis used by the EU Court. This article covers consiquences of the case as a legal precedent, including its meaning for research in the human genome research field.

The article is devoted to several aspects of law regulation in genomics in the United States of America; the author examined the role of governmental bodies within providing control and supervision, disclosed specific examples of such regulations in several states, provided a conclusion about the absence of their uniform regulation.

The article is devoted to the problem of the measure of law in a legally significant behavior of a researcher (scientist) who study genetic material and related components. Articles purpose is to create an idea of transformation of the measure in researcher behavior during the studying of genetic materials. The article suggests that there is the necessity of forming a culture of freedom of scientific creativity that contributes to the evolutionary development of scientific thought that is adapted for a practical activity. The article focuses on the history of the issue, the problem of conducting genetic (and related) studies, on the political and legal restrictions of cognition and the forms of the expression of researches results. The main point is that the approach to genetic researches is transforming and, first of all, that genetic researches are starting to play a role in law enforcement practice.

The article is devoted to the analysis of the Artificial Intellect in the issues of bringing judicial decisions. The practice of passing sentences by AI is used in a number of countries, for example in the UK and the USA, but such a practice it is ambiguous. Thus, the management of data processed by robots is a big problem not only from the legal point of view concerning the personal data process, but also from the type of data and their volume point of view. The idea of AI judges also raises important ethical issues related to AI creators prejudgment and autonomy. Basing on the analysis performed in the article, it should be concluded that bringing judicial decisions by AI implies not only informational issues solving, but also solving of information protection and information security problems, protection of AI system from penetrations as well as AI training issues, data characteristics and data systematization in the programs, data processing criteria. All these issues require legal regulatory decisions and the criteria determination for the AI use in bringing judicial decisions.

The subject of the article is an attempt to identify problems of regulation of the sector of driverless (autonomous) vehicles, which the legislator will decide, a review of current regulation at the international, integration and national levels

The prescribed by the Eighth Framework Program «Horizon 2020» implementation of financial support for scientific research in the European Union is conducted through a specialized organization - the European Research Council (ERC) namely in the framework of the direction «Excellent Science». The scientific article presents an analysis of the legal status of the ERC and the financing of research projects, including the classification of grants and the necessary criteria for the formal selection of proposals.

The present article analyzes the legal regulation of innovation partnership as a public procurement procedure in the European Union. In particular, the author emphasizes the peculiar features of innovation partnership that distinguish it from other public procurement procedures. The author appreciates the intention of the EU Member-States to develop the supranational legal regulation of award of public contracts for the creation and further supply of innovative products and technologies. Moreover, by employing the comparison method, the author draws parallels between the European Union and NAFTA, stating that the EU legal acts are more efficient.

The article presents, to the Russian reader, the so-called «Blanco» case, decided by the French Conflict Court in 1873 and remaining, to the day, one of the most renowed cases in French public law. It gives a short survey of the French administrative law in two key areas the founding «Blanco» ruling dealt with: the liability for the torts of public officers and the competence of administrative courts to decide on them. Both aspects were slowly, gradually developped, mostly through case law. The opinion of the reporting juge Marie-René Emond DAVID, and the ruling itself, were translated from French into Russian by the author.

The aim of this article is to reveal the place and significance of freedom of thought, conscience and religion in European law. The aim includes scrutiny within the framework of the ECHR and the EU law. The ECHR and the EU law regulations regarding this freedom as well as legal practitioners’ and scholars' comprehension are the subjects of the article. The article is based on systematic and formal methods. The study concludes that the right to this freedom is fundamental and appears to be one of the democracy foundations and a value in the EU law. It also has special significance in the European cultural and historical context. Human rights issues are highly observed by both Russian and foreign researchers. However, academic works with specialisation in the particular topic of this article seem to be lacking and encouraging this research.

In this article I study the proposals of European Commission which aim to adopt new EU’s unified rules of the cross-border access to e-evidence in criminal proceedings as well as to establish status of the legal representative of service provider. I explore the most important differences between offered and actual provisions, subjects of new rules, criteria for the service provider to follow these rules. In addition, I review crucial aspects of the proposals such as for example essentially reduced role of the enforcing state in the process of the request’s execution.

The article is an analysis of Regulation (EC) No 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, in the context of the EU common fishing policy. The article substantiates the relevance of changes in the legal regulation of this sphere. The author analyzed the structure and the main provisions of the said Regulation. Particular attention in the analysis of the author given his novels. The conclusion is made regarding changes in the legal regulation of fishing in the EU after the entry into force of the Regulation

The article discusses some features of the rights to change and terminate the contract. Considered: agreement on amendment and termination of the contract, termination of the contract by a court decision and unilateral refusal to perform the contract as a basis for modification and termination of the contract. The author notes that the main feature of the institution of change and termination of the contract is the will of the parties to the contract, which determines the chosen method of termination of obligations. It is proved that the structure of subjective rights in establishing the legal regime of change and termination of contracts differs from the structure of subjective rights in their theoretical representation. It is concluded that the termination of the contract should be distinguished from the termination of obligations (including the contract), and it is also justified that the right to change and terminate the contract should be recognized as one of the types of rights to protection.