Open AccessA civil law aspect of the dual-use goods regime
Author(s) -
Mikhail G. Shcherbakov
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.100.3.099-106
Subject(s) - dual (grammatical number) , scope (computer science) , enforcement , law , civil law (civil law) , law and economics , business , process (computing) , political science , economics , commercial law , computer science , art , literature , programming language , operating system
The paper analyzes the civil law regime of dual-use goods in the aspect of dual-use goods turnover. The author reveals the role of civil law rules as elements of the legal regime in the legal regulation of vertical and horizontal legal relations, as well as analyzes the process of transformation of civil law rules in the course of law enforcement. The author dwells on the main legal characteristics allowing to differentiate dual-use goods, namely: technical features, scope of application, availability of export control. In the paper, the author offers his own definition of the legal regime of dual-use goods. In addition, we identify such a feature of the regime of dual-use goods as dependance of the degree of turnover of dual-use goods upon external factors. The author concludes that the functional purpose of civil law rules in the legal regime has changed. In conclusion, a number of recommendations are proposed to improve efficiency of the legal regulation of foreign economic activity in the sphere of turnover of dual-use goods.