The problems of methodology of scientific research activity are actual to-day due to discoveries in Physics, Biology and Cosmology Due to widespread international cooperation and advances in the field of genomics (especially in sequence analysis), as well as major advances in computing technology, a «rough draft» of the genome was finished in 2000. This first available rough draft assembly of the genome was completed by the Genome Bioinformatics Group at the University of California. The OECD Project «Human Genome» is the first experience of application of methodology of scientific research activity based on mathematic modeling and cipher technology. The institutions, companies, and laboratories, engaged in OECD Human Genome Project, form a system based on laws and regulations, treaties and agreements, contracts and regulatory orders. This Model of methodological approach might have been used in other interdisciplinary scientific research activities. The study was carried out with the financial support of the Russian Foundation for Basic Research in the framework of research project No. 18-29-14025 on the topic: “Legal regulation of genomic research and the use of their results: comparative legal aspect of research».
Initially financial market was an instrument for the financial resources mobilization in the areas connected with high degree of risks. Financial market always attracted speculative activities that allowed fast enrichment of speculators. So the financial market regulation developed as a contraction between stat-regulation aimed at restriction of speculative ambitions of marketparticipants and market-participants tending to escape or overcome regulative limitations and prohibitions. The financial market that appeared in England initially was the marketplace for speculative transactions of stock-joggers. Lately it transported to the North-American colonies where its speculative characteristics increased. The market participants were ready and tended to use all the achievements of science and technologies in their market operations. The need to attract additional finance fast and use of technological achievements contributed much to the increase of the amounts and volume of financial operations on New York Stock Exchange. In the absence of the effective state control it lead to the Crash of October 1929 and started the Great Depression. The 1929 events resulted in the formulating of the financial markets legislation and principles that affected legislation of the other countries e.g. EC. Gradual denial of some of the principles increased speculative ambitions on the market. These ambitions were connected with the so called "financial instruments" that appeared due to the information (computer) technologies. The lack of the due control over the market of the derivative instruments lead to the global financial crisis of 2008 and consequent modification of the legislation in the USA as well as EC that increased the state control over the market. At present market participants use various types of information platforms. It affords to attract capital by means of such instruments as block-chain (including various forms of crypto-currencies). Such situation may lead to mass violation of investors and consumers rights in the absence of the mechanism guaranteeing transparency of operations. Universal character of information technologies and their further development assist to the their commercial use in various areas, e.g. biology. The development of the researches in genetics demonstrate certain likeness of the approaches and directions of the regulation.
The article presents analysis of the practice of the corporate disputes resolution in commercial arbitration as well as in the state courts. According to the author the example “Maksimov case” which was often mentioned as an example of a corporate dispute resolved in commercial arbitration but set aside by the state justice proves that the line between corporate disputes and non-corporate dispute is almost invisible even after the legislation has been changed. The attempts to make corporate disputes non-arbitrable makes the regulation of the market relations unpredictable and spoils th investment climate. The so called “pocket arbitration” (or “corporate arbitration”) may be useful for the improvement of intercorporate relations, or resolution of the disputes among professionals. The “one-side” or “optional” arbitration clauses sometimes may serve as a form of investor protection of consumer protection as it gives the weak party advantage of choice of the form of the legal protection of its interests. According to the article, publication of arbitration rules and awards would make arbitration more transparent and more effective. The confidentiality should be preserved for the mediation proceedings. Author gives examples of various mediation proceedings. On the basis of the analysis the author makes recommendations for the improvement of the national legislation. Understanding arbitration and mediation as part of the judicial systems reform in Russia author recommends to use the international standards of regulation reflected in th UNCITRAL Model Arbitration Law.
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