Legitimate Interests Research Articles

International experience of combating criminal interference with the legal activities of military formations

The article analyzes international and foreign experience in combating criminal obstruction of the legitimate activities of military formations. Based on the experience of foreign countries, the strategies and methods used to prevent and counteract criminal obstruction of military operations are highlighted. International legal acts and agreements aimed at ensuring the security and protection of the legitimate interests of military formations in the performance of their duties are studied.
 Military formations performing their duties in conflict and insecure environments often face criminal obstruction of their legitimate activities. This may include attacks on the military, destruction of military property, restriction of access to resources and other acts aimed at violating the rule of law and disrupting the military regime.
 The issue of criminal obstruction of legitimate activities in the international and/or foreign dimension attracts the attention of both domestic and international scholars. At the same time, in the scientific literature, this issue is considered to a limited extent only in relation to obstruction of a specific type of activity of a person, business entities, officials, public and state figures, journalists and other victims. This is highlighted in the scientific works of such scholars as N.O. Gutorova, S. V. Mohonchuk, and Y V. Pylypenko [1, p. 79]. However, the science of criminal law lacks a theoretical basis for the international and foreign experience of combating criminal obstruction of the lawful activities of military formations. Thus, the purpose of the article is to reveal this issue and to provide a theoretical substantiation of the key elements of the crime under Article 114-1 of the Criminal Code of Ukraine.
 M.D. Sergievsky stated that scientific research cannot be limited to the positive law of any one nation (domestic law). And the necessary material should be the used definitions of the law of other states [2, p. 3].

Peculiarities of proceedings in administrative cases regarding the placement of a foreigner who is subject to deportation or readmission to a point of temporary stay

The article examines the specifics of proceedings in administrative cases regarding the placement of foreigners who are subject to deportation or readmission to the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine. The topicality of the topic is due to the implementation of the Agreement on the Association of Ukraine and the European Union regarding the creation of a single legal space, including the protection of the rights and legitimate interests of foreigners and stateless persons when challenging placement in special institutions. The object of the study is a complex of social relations that are formed in the process of contesting the placement of foreigners who are subject to deportation or readmission to the point of temporary stay of foreigners and stateless persons. The subject of the study is the norms of administrative law, which determine the specifics of the protection of the rights of foreigners, stateless persons who are placed in a temporary detention center, in accordance with the procedure defined by the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a set of general scientific methods and private methods of scientific knowledge. The work uses the following methods: dialectical, formal-logical, statistical, comparative-legal, systemic-structural, analysis and synthesis. The article examines the concepts of «expulsion» and «readmission», examines the peculiarities of proceedings in administrative cases concerning the accommodation of a foreigner or a stateless person who is subject to expulsion or readmission to the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine. Judicial practice has been studied and the main reasons for administrative claimants' appeals to the court for the specified category of cases have been identified. It is proposed to establish a maximum period of detention of foreigners and stateless persons in the points of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine.

Bodies of the State Criminal Enforcement Service of Ukraine in the system of entities protecting the rights, freedoms and legitimate interests of citizens

The article examines the bodies of the State Criminal Enforcement Service of Ukraine in the system of entities protecting the rights, freedoms and legitimate interests of citizens based on a comprehensive systemic analysis of current legislation.
 The object of the study is the legal relations formed during the implementation of the State Criminal Enforcement Service of Ukraine in the context of protection of the rights, freedoms and legitimate interests of citizens. The subject is normative-legal acts regulating the activities of the bodies and institutions of the DKVS in the field of protection of rights and freedoms of persons who are in places of deprivation of liberty, as well as the practice of their application. The methodological basis consists of methods: formal and logical analysis of the conceptual apparatus; system analysis; comparative legal analysis - to identify gaps in the legal regulation of the activities of the DKVS. It is noted that personal dignity and personal inviolability, not being the objects of criminal punishment, are actually limited when the deprivation of liberty is carried out, but these issues are not sufficiently reflected in the legislation. Such a situation does not correspond to the spirit and requirements of the rule of law. The functions of the State Criminal Enforcement Service of Ukraine are considered. It is indicated that in the legal institution of restrictions on the rights of persons serving sentences in correctional institutions, there are no necessary logical transitions from the norms of international and constitutional law to the norms of the criminal-legal complex, and within its limits from the norms of criminal law to criminal-executive law. The activity of the DKVS of the Ministry of Justice of Ukraine serves the main purpose - the execution of criminal punishments, and its most important functions are related and based on the implementation of the main means of dealing with offenders, such as regime, work, education. The effectiveness of the mentioned activity directly depends on ensuring the rights, freedoms and legitimate interests of persons who are in the sphere of activity of the DKVS.

Separate procedural aspects of the search

It is indicated that the tasks of criminal proceedings are to protect the person, society and the state from criminal offenses, to protect the rights, freedoms and legitimate interests of the participants in criminal proceedings, as well as to ensure a quick, complete and impartial pre-trial investigation and trial, so that everyone who has committed a criminal offense , was prosecuted to the extent of his guilt, no innocent person was charged or convicted, no person was subjected to unreasonable procedural coercion, and that due process of law was applied to each participant in the criminal proceedings.
 Accordingly, the article is devoted to the coverage of one of the most complex and strict investigative (search) actions in criminal proceedings, namely, the theoretical and practical issues of conducting a search and the role of participants in this procedural action during its conduct. The current legislation, which regulates the search, was analyzed, some changes and additions to the current Code of Criminal Procedure of Ukraine were proposed. The need for criminal procedural clarification of the circle of subjects who have the right to be present during the search was emphasized, it was noted that the application of the proper legal procedure will contribute to the protection of human rights and freedoms in criminal proceedings.
 Summing up, the article notes that during the search, the prosecution is empowered with broad powers provided for by the Criminal Procedure Code of Ukraine. Due to the fact that some procedural issues are not clearly regulated by the legislator, the person conducting the search uses procedural loopholes to his advantage. Precisely in order to specify the powers of the prosecuting party during the search, we propose to supplement Part 2 of Art. 235 of the CCP of Ukraine.

PERSONAL DATA IN THE DIGITAL AGE: AN OVERVIEW STUDY IN VIETNAM

Purpose: In today's era, the fourth industrial revolution, coupled with the remarkable development of information and communication technology, has shifted all human activities to the digital platform. However, personal data digitization and storage methods have risks related to data security and ensuring user privacy. This study comprehensively examines the prevailing legal framework and explores the associated challenges related to personal data protection in Vietnam. Study methodology: Examining legal documents issued by the State is highly significant, and decrees and circulars are essential legal texts utilized in the research process. In addition to the legal bases that are considered the basis for analysis and evaluation, interdisciplinary research methods are used such as dialectical materialism methodology, analysis-synthesis, logic-history, induction-interpretation, etc. Results and Discussion: The current legal framework on personal data protection in Vietnam has various shortcomings that must be addressed through appropriate amendments and supplements aligning with international standards. The challenges in implementing this legal framework in Vietnam must also be clarified to find solutions. Recommendations: Securing personal data is of utmost importance because if data is stolen, it can lead to severe financial losses, the risk of extortion, fraud, asset misappropriation, defamation, infringement of dignity, honor, sexual harassment..., causing both material and psychological consequences, directly affecting the rights and legitimate interests of organizations, businesses, and individuals. Therefore, first and foremost, each needs to ensure the security of their data to prevent data theft, ensure the integrity of personal information, protect privacy rights, and avoid the consequences and risks that arise when personal data is disclosed, leaked or stolen.

Jurisprudential Analysis of Applicant Subordination in the Declaratory Death System

The system of declaration of death leads to a series of changes in civil legal relations, such as the annihilation of marital relations and the creation of inheritance. China's civil code stipulates that can apply for the declaration of natural person's death for the interested party, but have the right to apply for the declaration of death of the order of the interested party is still debated in the academic community, the controversy lies in the applicant should have the order of the applicant. This paper analyzes the jurisprudence on whether the applicant for the declaration of death should have the right of precedence, and finds that the focus of the debate on the right of precedence is on the protection of property rights and interests or identity rights and interests, and finally proposes that the identity relationship of spouses be separated from the property relationship in the declaration of death, and that the declaration of disappearance be made as a pre-procedure of the declaration of death, in order to protect the legitimate interests of the interested parties.

Some Issues of the Participation of Children in Conflict With the Law in the Consideration of Criminal Cases by Courts

This article discusses problematic issues related to the participation of a child in conflict with the law in criminal cases considered by the court. The author focuses his attention on such issues as the mandatory participation of the child in the trial, the unacceptability of a trial in absentia; factors are shown that have a significant impact on the activity or passivity of the participation of children in conflict with the law when considering cases by the courts. The author reveals the issues of children's awareness of their rights and responsibilities specifically in court proceedings, which otherwise may lead to a violation of the principles of criminal proceedings, such as: spontaneity, comprehensiveness, completeness and objectivity of the study of the circumstances of the case. In order to ensure confidentiality, it is proposed that all such trials be conducted in closed form and that further work is necessary to ensure the rights and legitimate interests of children who are in conflict with the law in criminal cases considered by the courts.

On the question of recognition of the decision of the subject of authorities as unlawful

The article examines the problems of recognition of illegal decisions of subjects of power. The author draws attention to the fact that the decision of the subjects of power is a consequence of the implementation of the public-authority management function by the subjects of power. The legality of the decisions of the subjects of power is a necessary condition for the legality of activities to ensure citizens’ realization of their rights, freedoms and interests. The article states that the legality of the decisions of the subjects of power ensures the legality of administrative and regulatory activities, the proper level of law and order in the state, and the protection of the rights of participants in public-law relations. The author draws attention to the fact that administrative courts play a significant role in matters of legality verification, protecting rights, freedoms and interests by recognizing the decisions of subjects of authority as illegal. It is justified that the cancellation or invalidation of the decision of the subject of power can be considered one of the ways to ensure its legality and the extent of responsibility of the body or official who made the relevant decision. It is concluded that the annulment or invalidation of the decisions of the subjects of power, recognized by the court as illegal, is of undoubted importance for ensuring law and order by eliminating illegal regulatory and individual acts from the law enforcement mechanism, and restoring the violated rights, freedoms and legitimate interests of individuals in the field of public and legal relations. The article substantiates that recognition of an act as illegal is a separate way of protecting the violated rights, freedoms or interests of a person. If the act is recognized as illegal, the court, depending on the type of act, applies other methods of protection, annulment of the individual act, or invalidation of the normative legal act.

China's reaction to the Russia–Ukraine war: A test case for a global ‘Pax Sinica’?

AbstractThis article examines the Chinese government's stance on the Russia–Ukraine war, including the recent development of China's economic relations with Russia. It assesses the factors that have influenced Beijing's position and the narrative it has used to explain it. Considering China's outsized importance for global events, the article also explores what implications its positioning regarding the war can have for the future of the global order. Since Russia's invasion began, China's government has presented itself as a neutral party, but it has de facto adopted a pro‐Russian position in the conflict. Beijing has primarily framed its stance on Ukraine in security terms, embedded in what is essentially a Realist narrative interlinked with pre‐existing ideological worldviews among China's political elites. It has condoned Russia's invasion on the grounds that Moscow is defending its ‘legitimate security interests’, which is an implicit appeal to respect a great power's sphere of influence, even at the expense of smaller states' sovereignty. While this raises questions about the compatibility of Beijing's vision of global order with the broader interests of most other states of the Global South, China (alongside Russia) has intensified its efforts to court these states in the context of the Russia–Ukraine war.

The Concept of Common Property at the Present Stage

Common property as a legal category of Russian law plays an important role in property relations with the participation of many persons — owners (civil law community). The paper examines the provisions of the Russian civil legislation concerning common property, in particular the owners of immovable property, adopted in order to implement the Concept of Development of Civil Legislation in 2009. In addition, dwells on the issues of common property of members of an investment partnership, peasant (farmer) unions and other corporate associations. The paper analyzes the concept of «common property» at the present stage and defines its characteristic features. Special attention is paid to the issue of the mixed nature of ownership of common property. The author explains the rights of owners in relation to common property, including property, managerial and information rights. The author substantiates a truncated possibility of implementing the classical triad of the rights of the owner (possession, use and disposal) in relation to the property in question. The paper examines the procedure for exercising the powers of the owner of common property, disposing of objects from the common property (including their transfer and alienation to third parties), as well as the consequences of violating the rights and legitimate interests of persons arising from transactions with common property. In conclusion, the author’s concept of common property is defined by referring it to the civil law community — the collective owner. The paper proposes approaches to the legal assessment of the content of the owner’s competence, possible areas of application of the category under consideration and the functional suitability of common property.

Plugins and POPI: A Critical Discussion into the Legal Implications of Social Plugins and the Protection of Personal Information

Social plugins are one of the many trackers used by companies with an online presence. However, under the Protection of Personal Information Act 4 of 2013 (POPI), these trackers have certain legal consequences for internet users. The main reason for this is that trackers tend to process personal information without informing internet users that their data are being collected, the reason for the collection or processing thereof, or who the responsible parties are that are collecting and processing the personal information. The article looks at these issues, amongst others, in the light of a 2019 judgment from the Court of Justice of the European Union or CJEU, namely, Case C-40/17 Fashion ID GmbH & Co. KG v Verbraucherzentrale NRW e.V. EU:C:2019:629. Due to the fact that it has had data protection legislation for much longer than other countries or legal jurisdictions, including South Africa, the European Union (the EU) has a substantial body of case law interpreting the data protection legislation of the EU itself as well as that of the individual member states. One of the main instruments used as guidance by the drafters of POPI was Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (hereafter Directive 95/46). Directive 95/46 was previously considered the gold standard, before Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data (General Data Protection Regulation) (hereafter the GDPR) was enacted and Directive 95/46/EC was finally repealed. Since Directive 95/46 was one of the main guiding documents used in drafting POPI, one may expect that the South African courts may turn to the EU and consider how the CJEU has interpreted the similar provisions contained in Directive 95/46, especially since there is very little South African jurisprudence available on POPI. The four main issues under discussion are: who, other than the internet users, has the locus standi to bring an application in terms of POPI? Second, what are the responsibilities of joint responsible parties towards internet users? Third, where there are joint responsible parties, do both need a legitimate interest to process personal information? Lastly, who will be responsible for obtaining the necessary consent to process the personal data?

The practice of interaction between civil society institutions and the authorities on the consideration of citizens' appeals in the Russian Federation

The object of the study is the interaction of public authorities and civil structures. The subject of the study is the practice of interaction in the process of considering citizens' appeals by public authorities and civil society institutions. The author substantiates the importance of interaction between public authorities and public organizations in the process of considering citizens' appeals. Attention is drawn to the fact that in the federal laws regulating the process of reviewing citizens' appeals, there are no rules for the participation of civil society institutions in joint consideration of citizens' appeals with public authorities. The author suggests ways to improve the mechanisms of interaction between public authorities and civil society in order to effectively meet the needs of citizens and ensure their rights and legitimate interests, and the development of the country. The research methods are institutional analysis, analysis of documents related to citizens' appeals and identification of reactions to them from authorities and public organizations, comparative analysis of the practice of considering appeals, logical method, generalization method, monitoring. The scientific novelty of the study is the generalization of the practices of joint consideration of citizens' appeals by civil society institutions and public authorities and the justification of rational mechanisms to increase the effectiveness of this activity. The main conclusions of the conducted research are the facts that the joint consideration of citizens' appeals is one of the ways of interaction between public authorities and civil society. Joint consideration of appeals provides for the participation of non-profit organizations, experts and volunteers in the discussion of complaints, applications and proposals of citizens. This allows for a more objective assessment of difficult situations among citizens and contributes to making the right decisions. Such interaction makes it possible to increase the level of trust in the state.The main contribution of the author to the research of the topic is the addition of a database on effective practices of interaction between civil society and government.

Is public control possible in relation to international governmental organizations: towards the formulation of the problem

This article is devoted to the formalization and analysis of the problem associated with the possibility of public control over international governmental organizations. Unlike the public authorities of national States, the constitutions and legislation of most of which provide for the possibility of organizing and exercising public control over their activities, acts and decisions, international governmental organizations created by representatives of public authorities of national States are, in fact, removed from the subject of control of the peoples of the world. This circumstance creates favorable conditions for irresponsibility in the behavior of officials of these international governmental organizations, which leads to violation of the rights, freedoms and legitimate interests of individuals and legal entities provided for by both national legislation and international law. A number of scientific research methods are used in the work, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The paper examines the main problems that hinder the organization and implementation by the peoples of the world of public control measures in relation to international government organizations, as well as their territorial representations in individual states. The authors have developed and substantiated a system of measures to resolve these problems, including by: enshrining in the UN Charter and constituent documents of international governmental organizations the right of peoples to organize and exercise public control over international governmental organizations, as well as their territorial representations in individual states (with details of principles, forms, methods, principles and mechanism measures of the specified control, types of its subjects authorized to carry out these public control measures); creation of interstate and international associations and unions of public control, which should be empowered to carry out the above-mentioned measures; consolidation in international and national legislation of a system of measures of legal responsibility for countering the specified subjects of public control in the organization and conduct of the above-mentioned public control measures organization of scientific and practical research on the problems of this type of public control; development of a system of measures to verify the effectiveness and efficiency of the work of the above-mentioned subjects of public control.

The influence of civil society institutions on the fiscal policy of the state

This article is devoted to the analysis of the influence of civil society institutions on fiscal policy in the Russian Federation. The paper examines the structure of civil society in Russia, examines the place and role of its various institutions (primarily the institute of public control) in the system of legal guarantees for the implementation and protection of both the system of constitutional principles and the system of human and civil rights and freedoms, the rights and legitimate interests of public associations, as well as other non–governmental non-profit organizations. The article analyzes the essence and content of the fiscal policy of the state, its place and role in the state policy of the Russian Federation. The paper examines the main factors influencing the formation and development of the fiscal policy of the Russian state. This article uses a number of scientific research methods: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of analyzing specific legal situations. The authors analyzed various approaches to defining the concepts of civil society and fiscal policy of the state, developed and justified the author's definitions of these concepts. The paper substantiates the role of civil society in the system of factors determining the directions of development of the fiscal policy of the Russian Federation. The article analyzes the main directions of the impact of various civil society institutions on the formation and development of the fiscal policy of the Russian Federation. The paper formalizes and explores the main problems that hinder the optimization of the processes of influence of civil society institutions on the processes of formation and development of the fiscal policy of the Russian state. The authors have developed and substantiated a system of measures to resolve these problems aimed both at the development of Russian civil society as a whole and at optimizing fiscal policy in the Russian Federation.

On the possibility of public control over on-site tax audits in the Russian Federation: towards the formulation of the problem

The article is devoted to the analysis of the possibility of public control over on-site tax audits. The activities of the tax authorities in Russia directly affect the rights, freedoms and legitimate interests of all individuals and legal entities. The problems of organizing and implementing public control measures in relation to the specified activities of federal executive authorities are of great interest and importance, especially in terms of on-site tax audits, during which representatives of the Federal Tax Service carry out within the premises of taxpayer various actions in order to monitor compliance a taxpayer with the legislation on taxes and fees. However, public control over this type of activity of federal executive authorities is fraught with numerous problems, among which one can highlight, for example: the lack of consolidation of this institution of civil society in the Constitution of the country; the lack of detail in the process of public control in the Tax Code of the Russian Federation, including in relation to on-site tax audits; the specifics of the formation of public councils under the Federal Tax Service of Russia and its territorial divisions, in which we question the independence of their members from these authorities. In addition, these problems include: the lack of elaboration of legislation, as well as educational and scientific literature of a system of specific forms, methods, principles and types of public control measures in relation to on-site tax audits; weak use of foreign experience of civil society control in relation to tax authorities, including using modern digital technology. The article develops and substantiates a system of measures to resolve these problems, including by: incorporating this institution into the country's Constitution and tax legislation; developing and implementing specific forms, methods, principles and types of public control measures in relation to on-site tax audits based on positive foreign experience in this area and using modern technologies.

The problem of dividing the rights of beneficiaries to property transferred to a foreign trust as common property of spouses

The article is devoted to the study of the legal nature of the beneficial rights of spouses to jointly acquired property. Using the example of judicial practice of the courts of the Russian Federation, the author analyzes the possibility of dividing the rights to property transferred to a foreign trust in Russian jurisdiction. The obscurity of such concepts as "trust" and "beneficial ownership" in the domestic legal system leads to a number of problems in resolving this category of disputes, which leads to insecurity of the rights and legitimate interests of interested parties. The relevance of the problem under consideration is due to the lack of uniform practice and, as a result, the approach of Russian courts to the qualification of beneficial rights. Most often, the courts proceed from the impossibility of declaring these rights to be divided due to their non-recognition as property by the Civil Code of the Russian Federation and as common property of spouses by the Family Code of the Russian Federation. The article examines the advantages of applying foreign law in the consideration of disputes on the division of common property of spouses transferred to a foreign trust. In the course of the research, the author turns to the method of comparative analysis to identify the main contradictions of judicial practice in this category of disputes. The conducted research revealed the need to turn to foreign law not only at the stage of dispute resolution, but also in the qualification of legal concepts, due to the unknown institutions of trust and beneficial ownership of the domestic legal system. The author concludes that there are such legally significant circumstances for the fair resolution of the mentioned category of disputes: establishing the figure of the beneficiary, submitting documents to the court on the establishment of the trust, proving the property interest of the interested party in the property transferred to the trust. Due to the current disparate practice of Russian courts, it is necessary for the Supreme Court of the Russian Federation to clarify the obligation of courts to apply to foreign law when considering disputes complicated by a foreign element, in particular in disputes over the division of property transferred to a foreign trust.

Characteristics and Countermeasures of Assisting Information Network Criminal Activities

In the context of the era of big data, the crime of assisting in information network crimes (hereinafter referred to as "aiding and abetting crimes") has shown a high incidence and wide coverage, and it is also a key hub for many information network crimes, which seriously hinders the social management order and the property security of the masses, and undermines the normal, safe and orderly development of cyberspace. This article summarizes the types and characteristics of aiding and abetting crimes and the causes of their high incidence by analyzing the adjudication cases of aiding and abetting crimes in a district people's court in Chengdu in 2021 and 2022, and proposes corresponding governance measures to carry out necessary prevention and control of aiding and abetting crimes, in order to minimize the high incidence of aiding and abetting crimes and maintain social order and the legitimate rights and interests of the people.

The Legitimacy of Ignoring the Victim’s Opinion when Terminating a Criminal Case with the Imposition of a Court Fine

The subject of this study is ensuring the rights and legitimate interests of the victim upon termination of a criminal case and criminal prosecution with the imposition of a court fine (Article 76 .2 of the Criminal Code of the Russian Federation). Analysis of the current criminal legislation, Decisions of the Plenum of the Supreme Court, materials of investigative and judicial practice, as well as doctrinal studies concerning the issue being sought and presented on the pages of legal publications, allowed us to state the lack of a uniform understanding of taking into account the position of the victim when deciding on the release of a person from criminal liability on the basis of the provisions of the Criminal Procedure Code (Article 25 .1 of the Code of Criminal Procedure of the Russian Federation) and the criminal legislation of the Russian Federation (Article 76 .2 of the Criminal Code of the Russian Federation). The results of the conducted research allowed us to conclude that the presence of an individual whose rights and legitimate interests were violated as a result of a criminal encroachment, having the status of a victim of a crime, should be an important legal fact taken into account by investigative and judicial authorities when considering criminal cases. Opinion of such person (objection or consent) regarding the termination of the criminal case and criminal prosecution in general and with the appointment of a material payment to the state’s income (art . 762 of the Criminal Code of the Russian Federation), in particular, is of decisive importance for law enforcement agencies.

Коллективные иски в гражданском процессе

The article contains the result of a study conducted by the author on the institution of class actions in civil proceedings. The author has documented the trend of using class actions to protect the violated rights and legitimate interests of a group of people. Certain areas for improving the legislation on class actions in civil proceedings have been identified. Firstly, the specifics of suspending proceedings on an independent claim of a member of a group of people who refused to join the class action. Secondly, the apparelment of considering a class action for compensation for moral damage. Third, the consequences of concluding a settlement agreement in civil case of class action. In relation to these areas, the author has put forward proposals for improving the current provisions of the Civil Procedure Code of the Russian Federation.

Balance of Interests of the State and the Copyright Holder in the Field of Intellectual Property for the Purposes of Competition Protection

The paper analyzes the balance of interests of the state and the copyright holder in the field of intellectual property for the purposes of competition protection. Having analyzed various measures of legal support by the state aimed at stable economic development through the prism of trust in the state and law, the author draws attention to «parallel imports.” The author also focuses on the possibility of limiting the protection of rights to intellectual property objects at the contract level due to the negotiating power of counterparties on whose sites production is located, which is similar to some Asian states. In the paper, the author analyzes the practice that took place before 2022 and compares it with the current state of ensuring the rights and legitimate interests of copyright holders. Summing up the study, the author believes that investment opportunities and trust for the state from both the society, representing the state, and national business and for foreign participants to international trade may be created through a solution that will allow the latter to fully realize their rights to intellectual property rights protection when resuming activities in the country.