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IRIS 2006-8:1/28 [RU] Supreme Court on Copyright and Neighbouring Rights

On 19 June 2006 the Plenary Meeting of the Supreme Court of the Russian Federation adopted a Resolution “On questions that arose in courts in civil cases proceedings in application of legislation on author’s rights and neighbouring rights”. According to the Constitutional provisions the Supreme Court is authorized to pass such resolutions interpreting legislation in order to make judicial practice uniform. The Resolution includes 46 paragraphs. The Resolution interprets a number of norms of both substantive and procedural law concerning author’s rights and neighbouring rights. The following problems...

IRIS 2006-6:1/4 European Commission against Racism and Intolerance: Media Provisions in New Country Reports on Racism

The European Commission against Racism and Intolerance (ECRI) recently made public five new reports as part of the third cycle of its monitoring process of the laws, policies and practices to combat racism in the Member States of the Council of Europe (for commentary on earlier reports, see IRIS 2005-7: 3). Four of the country reports (Cyprus, Italy, Luxembourg and the Russian Federation) contain specific recommendations concerning the media. A recurrent, two-fold recommendation entails the ECRI encouraging the State authorities to: - “impress on the media, without encroaching on their editorial...

IRIS 2006-5:1/33 [RU] New Rules for Fighting Terrorism

On 26 February 2006 the State Duma adopted, the legislation that on 6 March 2006 President Vladimir Putin of the Russian Federation signed into law the Federal Statute “On Counteraction to Terrorism”. Most of its provisions have come into legal force after official publication. The Statute derogated most of the provisions of the Statute “On Fight against Terrorism” (of 25 July 1998) to be abolished completely on 1 January 2007. The Statute provides for the principles of counteraction to terrorism, organizational and legal measures aiming at prevention and fighting against terrorism, and minimization...

IRIS 2006-4:1/34 [RU] New Advertising Statute

On 22 February 2006 the State Duma (parliament) of the Russian Federation adopted the Federal Statute “On Advertising”. It replaces the statute of the same name of 1995 (see IRIS 1995-9: 9). The new statute has six chapters and 40 articles. Under advertising the statute understands the distribution of information in any form with the help of any media, which is intended for an indeterminate group of persons and is directed at forming or supporting interest in the objects of advertising and facilitating market advancement of such objects. As before the statute does not regulate political advertising....

IRIS 2005-9:1/1 European Court of Human Rights: Case of Grinberg v. Russia

In a judgment of 21 July 2005, the European Court of Human Rights has come to the conclusion that the Russian authorities overstepped the margin of appreciation afforded to member states by convicting a Russian citizen because of a defamatory statement in a press article criticizing a politician. It is the first judgment in which the European Court finds a violation of freedom of expression by the Russian authorities since the Russian Federation became a member of the Council of Europe and subscribed to the European Convention on Human Rights in 1996. The Strasbourg Court emphasizes the distinction...