Copyright Notice

Authors who publish works in the European and Asian Law Review agree with the following terms and conditions:

  1. The authors reserve the copyright and grant to the journal the right to publish  for the first time the paper, simultaneously licensed under the Creative Commons Attribution, which allows other persons to use the paper with proof of authorship and initial publication in the journal "European and Asian Law Review".
  2. Authors are intitled to enter into license agreements with other persons on the terms of a simple (non-exclusive) license to use the paper published in the journal "European and Asian Law Review" (for example, placing it in  the university databases, publishing it in a book), with reference to its original publication in this journal.
  3. The author guarantees that he/she is the copyright holder of all materials provided to the editorial board, and that exclusive rights to these materials are not transferred or granted to other persons.
  4. Authors are allowed and advised to post their paper online before and during the submission process, as this can lead to the  productive exchange, as well as earlier and wider citations of published papers.

From the moment of the paper and accompanying materials uploading  through the section Paper Submission , the author fully and unconditionally accepts the public offer to conclude an author's agreement on the paper publication. In accordance with this agreement the author provides the publisher (Ural State Law University) on a gratuitous basis the non-exclusive license to use the paper

From the moment of the paper and  accompanying materials receipt Ural state law University has the right to use the paper without restrictions at its discretion and within the entire duration of the exclusive rights, but with the obligatory indication of the name of the author (authors) of the paper, including the right to publish the paper (in full or abbreviated) in the entire world translated into other languages, send to the repository of scientific information, post on the Internet and use other legal means.

Copyright agreement (public offer) for the publication of the work in the scientific journal " European and Asian Law Review»

Federal state budgetary educational institution of higher education "Ural State Law University" (USLU) represented by the Rector Vladimir A. Bublik, acting on the basis of the Charter (hereinafter — the Publisher), on the one hand, offers to uncertain number of persons (hereinafter — the Author), on the other hand, hereinafter jointly referred to as Parties, to enter into this agreement (hereinafter — Agreement) on the scientific materials publication (hereinafter – the Paper) in the scientific journal "European and Asian Law Review" (hereinafter — the Journal) under the following terms.

1. General provisions

1.1. This Agreement in accordance with clause 2 of article 437 of the Civil Code of the Russian Federation is the public offer (hereinafter — the Offer), in accordance with article 438 of the Civil Code of the Russian Federation the full and unconditional acceptance is considered to be sending the Author's materials by downloading in the network electronic system of paper reception for consideration, placed in the appropriate section of the Journal website at the URL: https://ealawreview.ru/index.php/ea/about/submissions on the Internet.

1.2. In accordance with the current legislation of the Russian Federation regarding the observance of copyright on electronic information resources, materials of the website, electronic journal or project may not be reproduced in whole or in part in any form (electronic or printed) without the prior consent of  authors and the editorial board of the journal, which can be expressed by placing the corresponding permission (open Creative Commons Attribution International 4.0 CC-BY license) in the corresponding section of the Journal's website (at the place where the published materials are placed) in the corresponding section of the Journal's website on the Internet. When using published materials in the context of other documents, a reference to the original source is required.

1.3. The Journal is registered by the Federal Service for Supervision of Communications, Information Technologies and Mass Communications (Roskomnadzor).

2. Terms used in the Agreement

Author – an individual (s), through whose creative effort the paper is created

Acceptance of the Offer – full and unconditional acceptance of the Offer under conditions specified in clause 3 of the Agreement (an author accepts the Offer by sending an application to the Publisher, i.e. the paper and accompanying materials uploading to the online electronic system for paper accepting for consideration located in the corresponding section of the Journal's website at the URL: https://ealawreview.ru/index.php/ea/about/submissions on the Internet).

Journal – scientific journal "European and Asian Law Review".

Application – an electronic the Author request to the Publisher to post  the Paper in the Journal by the paper  and accompanying materials uploading to the online electronic system for paper accepting for consideration placed  in the corresponding section of the Journal's website https://ealawreview.ru/index.php/ea/about/submissions on the Internet).

Publisher – the Federal State Budgetary Educational Institution of Higher Education "Ural State Law University" (USLU), which is the founder and publisher of the Journal.

Metadata of Paper – materials in English for inclusion in the scientific citation database in accordance with the original version of the Work: name of Paper; information about the authors (surname, name, patronymic of the author (s) in full, place of work of each author, indicating mailing address, contact information (e-mail) of each author; abstract; keywords; thematic identifier: UDC or other library-bibliographic classification and subject index; bibliography (Reference List).

Offer – the document (offer to the Author) for the the Paper publication placed on the Journal's website at the URL: https://ealawreview.ru/index.php/ea/about/submissions on the Internet.

Publication – the Paper placement in the Journal.

Editorial board of the Journal – a creative team that prepares the Journal for publication.

Editorial Council – an advisory body under the Editorial Board of the Journal.

Paper – result of fundamental and applied scientific research in the form of scientific material, a review of scientific material, a scientific report, a bibliographic review on certain topics of scientific research, a historical reference dedicated to figures of Russian and foreign science, submitted by the Author for publication in the Journal.

Parties – the Author and the Publisher.

Paper Requirements – requirements for materials published in the Journal posted in the Author section of the Journal's website at the URL: https://ealawreview.ru/index.php/ea/about/submissions#authorGuidelines on the Internet.

Service – placement (publication) of the Paper in the Journal on the basis of the Author's Application.

3. Subject of the Agreement (Offer)

3.1. Under this agreement the Author grants to the Publisher a non-exclusive license to use the Paper created by the Author for publication in the Journal for free and  for the duration of the copyright provided by the legislation of the Russian Federation.

3.2. Rights to use the Paper transferred under this Agreement include, but are not limited to:

  • reproduction of the Paper or its separate part, as well as the metadata of the Paper in Russian and English in any material form, including on paper and electronically in the form of a separate work in journals and / or databases (locally or on the Internet) of the Publisher and / or other persons, at the discretion of the Publisher;
  • distribution of the Paper or its separate part, as well as the metadata of the Paper in Russian and English in any medium as part of the Journal and / or databases of the Publisher or other persons, at the Publisher's discretion, or as an independent work around the world on the terms of open access or by subscription without payment of remuneration to the Author;
  • disclosure of the Paper or its separate part, as well as the metadata of the Work in Russian and English, to the public in such a way that any person can access to the Paper from any place and at any time of their own choice (including via the Internet);
  • grant the permission for the Paper use and its individual parts, as well as the metadata of the Paper in Russian and English, to third parties with the notification of the Author about this by posting the relevant information on the Journal's website without paying remuneration to the Author;
  • processing, including the translation of the Paper (including into foreign languages), and the use of the processed (translated) Paper in the above-mentioned ways;
  • other rights not directly transferred to the Publisher under this Agreement, including patent rights to any processes, means or methods, etc., described by the Author in the Paper, as well as trademark rights, are reserved to the Author.

3.3. The territory, where the use of the rights on the Paper is allowed, is not limited.

3.4.  The termination of this Agreement arises from the moment of the paper submission to the Journal, i.e. - the paper and accompanying materials uploading to the online electronic system for papers accepting  for consideration placed in the corresponding section of the Journal's website at the URL: https://ealawreview.ru/index.php/ea/about/submissions on the Internet (hereinafter - the  Paper Download).

3.5. The rights are transferred by the Author to the Publisher free of charge, and the paper publication n the Journal does not entail any financial deductions to the Author.

3.6. If the Publisher decides to refuse to publish the Paper in the Journal, this Agreement becomes invalid. The decision to refuse for publication is sent to the Author via the email address specified in the Application.

3.7. During the term of the Agreement the Publisher undertakes to provide the Author with services related to the Paper publication on the Journal's website at the URL: https://ealawreview.ru/ on the Internet.

4. General Terms of Service

4.1. The Publisher provides services to the Author only if the following conditions are met:

  • The Author provided by the Paper Uploading all materials that meet the requirements of the Offer;
  • The Author has accepted the Offer.

4.2. The services are provided to the Author free of charge.

4.3. If materials are provided by the Author in violation of the rules and requirements of this Offer, the Publisher has the right to refuse to post them.

4.4. During the term of the Agreement the Publisher is not responsible for unauthorized use by third parties of the data provided by the Author.

5. Rights and obligations of the Parties

5.1. The author guarantees:

  • he/she is the actual owner of the exclusive right on the Paper; rights granted to the Publisher under this Agreement are not transferred previously and shall not be transferred to third parties until the moment of publication in the Journal by the Publisher;
  • that the Paper contains all references to the cited authors and / or publications (materials) in accordance with the current copyright legislation;
  • that the Author has obtained all necessary permissions for results, facts and other borrowed materials used in the Paper, the copyright holder of which he/she is not the Author;
  • that the Paper does not contain materials that are not subject to publication in the open access in accordance with the current legislation acts of the Russian Federation, and its publication and distribution shall not lead to the disclosure of secret (confidential) information (including state secrets);
  • that the Author has red the Peer-Review Policy (https://ealawreview.ru/index.php/ea/Peer-Review-Policy) and the ethical principles published on the Journal's website (https://ealawreview.ru/index.php/ea/Publication-Ethics ), and the consequences of violating of these principles; informed other Co-Authors about the terms of this Agreement and obtained the consent of all Co-Authors to conclude this Agreement on the terms stipulated in the Agreement.

5.2. The author undertakes to:

  • submit the text of the Paper in accordance with the Paper Requirements specified on the Journal's website at the URL: https://ealawreview.ru/index.php/ea/about/submissions#authorGuidelines ;
  • do not use for commercial purposes and in other publications without the consent of the Publisher the electronic copy of the Paper prepared by the Publisher;
  • in the process of Paper preparing for publication, the Author undertakes to:
    a) make the text corrections due to the reviewers’ notes accepted by the Editorial Board, and/or, if necessary, at the request of the Publisher and the Editorial Board to finalize the Paper;
    b) read the proofreading of the Paper in the terms stipulated by the publication schedule of the Journal;
    c) make only the minimum of corrections to the proofreading of the Paper, which is associated with the need to correct the errors made in the original Paper and/or make factual and conjunctural changes.

5.3. The author has the right to:

  • transfer to third parties the electronic copy of the published Paper given to him by the Publisher in accordance with clause 5.4 of this Agreement, in whole or partly in order to include the Paper to databases and repositories of scientific information with the aim of promoting academic or scientific research or for informational and educational purposes provided references to the Author, Journal and Publisher.

5.4. The Publisher undertakes to:

  • publish the Author's Paper in printed and electronic form in accordance with the terms of this Agreement;
  • under the decision of the Editorial Board of the Journal provide the Author with the Paper layout and make a reasonable edit of the Author, if necessary;
  • provide the Author with the electronic copy of the published Paper via the Author's email address within 15 working days from the date of publication of the Journal issue;
  • comply with the rights of the Author stated by the current legislation, as well as protect them and take all necessary measures to prevent copyright infringement by the third parties.

5.5. The Publisher has the right to:

  • perform technical and literary editing of the Paper that does not change it (main content);
  • conduct the expert review of the Paper and propose the Author to make necessary changes with which the Paper shall not be published in the Journal;
  • due to any subsequent use of the Journal and/or the Paper (including any of its particular parts, fragment) allowed by the Author (and/or other persons) demand from individuals to provide reference to the Journal, the Publisher, Author or other copyright holders, to the title, the number, and year of publication indicated in the Journal;
  • post in the media and other information sources preliminary and / or advertising information about the upcoming publication of the Paper;
  • establish rules (conditions) for accepting and publishing papers in the Journal. The Editor-in-Chief has the exclusive rights to select and / or reject papers sent to the Editorial Board for publication. The paper (material carrier) sent by the Author to the Editorial Board of the Journal is not subject to return. The Editorial Board of the Journal does not enter into communication on the issues of rejection of the Paper;

 

  • temporarily suspend the services provision to the Author under the Agreement for technical, technological or other reasons that prevent the services provision, while eliminating such reasons;
  • suspend the services provision under the Agreement unilaterally out of court in the following cases:
    a) if the Paper does not conform to the scope of the Journal (or any its part) or the paper is insufficient for self-publishing, or arrangement of the Paper Work does not comply with the requirements;
    b) violations of other obligations by the Author assumed in accordance with the Offer;
  • make changes to the Offer in accordance with the procedure established by the Offer.

5.6. In all cases not specified and not stated for in this Agreement the Parties are obliged to be guided by the current legislation of the Russian Federation.

6. Acceptance of the Offer and conclusion of the Agreement. Term of the Agreement

6.1. This Agreement comes into force from the moment of its conclusion, when the Author accepts the Offer by sending the application to the Publisher – the Paper Downloading, and is valid for 5 years.

6.2. Acceptance of the Offer by the Author creates the Agreement concluded in writing (Articles 438 and 1286.1 of the Civil Code of the Russian Federation) on the terms of the Offer.

6.3. If neither Party sends the other Party a written notice of termination of the Agreement no later than two months before the end of the prescribed five-year period, the period of validity of the Publisher's rights to the Papers is automatically extended for a similar period. The number of extensions is not limited.

6.4. The term of the Agreement shall not exceed the term of the exclusive rights on the Paper in accordance with the legislation of the Russian Federation.

6.5. When the exclusive right ton the Paper is transferred (alienated) by the Author to a third party, this Agreement is not terminated.

7. Procedure for amendment and termination of the Agreement

7.1. The Publisher has the right to unilaterally change the terms of this Agreement in advance, at least 10 (ten) calendar days before the entry into force of the relevant changes,  and notify the Author about that through the Journal's website or by sending a notification via e-mail to the Author's e-mail address specified in the Author's Application. The changes shall come into force since the date specified in the relevant notice.

7.2. If the Author does not agree with the changes to the terms of this Agreement, the Author has the right to send the Publisher a written notice of rejection of this Agreement performance by uploading the notification to the online electronic system for papers accepting for consideration, posted in the corresponding section of the Journal's website at the URL: https://ealawreview.ru/index.php/ea/about/submissions on the Internet) or sending a notification to the e-mail address of the Editorial Board of the Journal, indicated on the website of the Journal "European and Asian Law Review" on the Internet)

7.3. This Agreement may be terminated earlier: 

  • on the basis of the agreement of the Parties at any time;
  • on other grounds stipulated in this Agreement.

7.4. The Author has the right on unilaterally withdraw from the execution of this Agreement by sending the Publisher a corresponding notification in writing at least 60 (sixty) calendar days days before the expected date of publication of the Author's Paper in the Journal.

7.5. Termination of the Agreement for any reason does not release the Parties from liability for violations of the terms of the Agreement that occurred during the term of its validity.

8. Liability

8.1. The Parties are liable for non-performance or improper performance of their obligations under the Agreement in accordance with the current legislation of the Russian Federation.

8.2. All information provided by the Author must be reliable. The author is liable for the accuracy and completeness of  information transmitted by him/her to the Publisher. When using false information received from the Author the Publisher is not liable for the negative consequences caused by his/her actions on the basis of the false information provided.

8.3. The author is solely liable for compliance with the requirements of the legislation of the Russian Federation on advertising, on the protection of copyright and related rights, on the protection of trademarks and service marks, on the protection of consumer rights.

8.4. The Publisher is not liable under the Agreement for:
a) any actions that are a direct or indirect result of the Author's actions;
b) for any losses of the Author, regardless of whether the Publisher could have foreseen the possibility of such losses or not.

8.5. The Publisher is exempt from liability for violation of the terms of the Agreement if such violation is caused by force majeure, including actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, riots, or any other circumstances.

9. Dispute resolution procedure

9.1. Disputes and disagreements shall be resolved by the Parties through negotiations, and in case of failure to reach an agreement in accordance with the current legislation of the Russian Federation.

9.2. If there are unresolved disagreements between the Parties, disputes shall be resolved in court at the Publisher's location in accordance with the current legislation of the Russian Federation.

10. Other conditions

10.1. Any notifications, messages, requests, etc. (with the exception of documents that must be sent in the form of authentic originals in accordance with the legislation of the Russian Federation) are considered received by the Author if they are transmitted (sent) by the Publisher through the journal's website (including through publication), by fax, by e-mail specified in the Application, and by other communication channels. The Parties recognize the legal force of notifications, messages, requests, etc., transmitted (sent) by the above methods.

10.2. In the event of claims against the Publisher related to the violation of the exclusive copyright and other intellectual property rights of third parties when creating a paper or in connection with the conclusion of this Agreement by the Author, the Author undertakes:

  • immediately after receiving the Publisher's notification take measures to settle disputes with third parties, if necessary, enter into legal proceedings on the Publisher's side and take all actions in its power to exclude the Publisher from the list of defendants;
  • compensate the Publisher the incurred costs, expenses and damages caused by the use of injunctive relief and enforcement and paid to the third party amount for the violation of the exclusive rights of the copyright and other intellectual property rights and other losses incurred by the Publisher in connection with the failure by the Author of the guarantees provided by them under this Agreement.

10.3. In accordance with Article 6 of the Federal Law      "On Personal Data " No. 152-FZ of July 27, 2006, during the period from the conclusion of this Agreement and until the termination of the obligations of the Parties under this Agreement, the Author agrees to the processing by the Publisher of the following personal data of the Author: surname, first name, patronymic; individual taxpayer number (ITN); date and place of birth; information about citizenship; details of identity documents; addresses of the place of registration and actual residence; email addresses; postal address with an index; contact phone numbers; fax numbers; information about places of work.

10.4. The Publisher has the right to process the specified personal data for the purpose of fulfilling this Agreement, including performing information and reference services for the Author. Personal data processing refers to actions (operations) with personal data, including the collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer to third parties), depersonalization, blocking and destruction of personal data in accordance with the current legislation of the Russian Federation.

10.5. The Author has the right to withdraw consent to the processing of personal data listed in clause 10.3 by sending a corresponding notification to the Publisher in cases provided for by the legislation of the Russian Federation. Upon receipt of this notification the Publisher has the right to suspend the services provision.

10.6. The author voluntarily provides to the Journal information about themselves (and each of the co-authors – by prior approval from them), consisting of: surname, name, patronymic, academic degree, academic title, position, place of work (name and postal address of the organization), office telephone number and email address for the purpose of their open publication in the Journal together with the publication of the Paper.

11. Registered address and details of the Publisher

Federal State Budgetary Educational Institution of Higher Education "Ural State Law University "(USLU)

Address:  21 Komsomolskaya St., office 114, Yekaterinburg, Russia 620137

ITN 6660008159, KPP 667001001, OGRN1026604932860.

 

Rector

Vladimir A. Bublik