IMPROVEMENT OF LAW MAKING PROCESS AND STATE MANAGEMENT
Reference:
Fake F.F.
Efficiency of Law: From the Goal Towards Result
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56992
Abstract:
The article is devoted to the effectiveness of legislation. There are methods for evaluating the effectiveness of various branches of law on the following main blocks: the impact of objects "setting goals", "forms the legal effects", "method of influence", "the perception and implementation of standards", "the results of the rules". It is noted that the legal regulation is effective in the event that the achievement of various social problems is provided at minimal cost
Keywords:
effectiveness of the law, the criteria for the effectiveness of the law, the mechanism of legal regulation, enforcement, cycles of development rights
IMPROVEMENT OF LAW MAKING PROCESS AND STATE MANAGEMENT
Reference:
Fake F.F.
Organization of Normative Activities in the Republic of Belarus
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56993
Abstract:
The article deals with selected issues of normative activities organization in the Republic of Belarus since the establishment of Belarus as an independent state to the present day. It is said to regulate the basic methodological aspects of the normative activities law On normative legal acts of the Republic of Belarus. Issues are also addressed to the examination of draft laws and regulations, codification and recodification legislation, the preparation of laws of the Republic of Belarus
Keywords:
normative activity, the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Law On normative legal acts of the Republic of Belarus, examination, codification, recodification, laws of the Republic of Belarus
IMPROVEMENT OF LAW MAKING PROCESS AND STATE MANAGEMENT
Reference:
Fake F.F.
Problem of the Freedom of Discretion in the Sphere of Administrative Planning
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56994
Abstract:
Article is devoted to evaluation of administrative decisions in the field of planning.
The author notes that discretion may not be sufficiently restricted by law and provides approaches on solving this problem in the Anglo-American and civil law systems on the example of Britain and Germany. The conclusion about the possibility of applying the criterion of proportionality to the legitimate decisions of the planning, similar to German practice.
Keywords:
discretion of the executive, administrative law, public planning, the principle of proportionality
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Fake F.F.
About Main Features of the Slavic Law
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56995
Abstract:
The author proves the thesis of the allocation of the legal systems of the Slavic states in a separate legal family with common roots, self-development and mutual influence for many centuries. For the family of Slavic law is characterized by such features as the desire for spiritual justification of law and social justice, participatory state in regulating economic, social and political relations, special legal status of natural resources and limiting private property rights, peculiarity of legal language, legal consciousness, style instruments
Keywords:
Slavic law, the legal family, the spiritual support of law, social justice, the role of government, language rights, legal awareness, style instruments
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Fake F.F.
Anatomy of Moral Harm: Classical Interpretation in Anglo-American Law
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56996
Abstract:
The article examines the concept of moral damage in the Anglo-American law. The author explores the nature of the main varieties of moral harm, as well as forms and methods of protection of violated rights and interests on the basis of summarizing a large array of practices of American courts from 1838 to 2006
Keywords:
moral harm, tort, liability, Anglo-American law
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Fake F.F.
Modern Concepts of Self-Regulation in Russia and Abroad
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56997
Abstract:
In the article the author examines the modern concept of self-regulation; focuses on various types of self-regulation proposed in the English and Russian legal literature; examines Russian law on self-regulatory organizations
Keywords:
concepts of self-regulation, self-regulatory organization, a mandatory self-regulation, mandated self-regulation, enforced self-regulation, voluntary self-regulation
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Fake F.F.
Evolution of the Rules Regulating the Institution of Waqf in the Legislation of Islamic States
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56998
Abstract:
The article analyzes the development of the Institute of Islamic Waqf on the example of the legal system of Jordan
Keywords:
Waqf, the Civil Code of Jordan, charitable waqf, a family waqf
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Fake F.F.
Limited Liability Companies According to German Law: Its Founding and Internal Structure
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56999
Abstract:
The article describes the history of the formation of limited liability companies in Germany, as well as their characteristics. The necessity of the conditions for the establishment of limited liability companies and their internal organization. Paper contains a comparative analysis of legislation of Russia and Germany on the legal regulation of limited liability companies
Keywords:
limited liability Company, institution, internal organization, the scope of societies legislation of Russia and Germany
DISCUSSING A PROBLEM
Reference:
Fake F.F.
The Role of International Law Regulation in Ensuring Freedoms and Rights
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57000
Abstract:
The paper investigates the relationship and interaction of international law and international standards to domestic law in protecting human rights and freedom. The role of constitutions in resolving conflicts between norms of national and international regulatory rights and freedom. To this end, the authors conducted a comprehensive analysis of the Constitution of the Republic of Kazakhstan and a number of international acts
Keywords:
international law, constitution, human rights, international treaty
DISCUSSING A PROBLEM
Reference:
Fake F.F.
Procedures for the Implementation of International Principles and Norms in National Legislation on Human Rights
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57001
Abstract:
This article describes the procedure of implementation, analysis of relations between the concepts "Implementation" and "transformation". Furthermore, the author analyzes the relationship of international treaties of the Republic of Kazakhstan with the national legislation. Considerable attention is paid to the article in the issuance of international treaties of the Republic of Kazakhstan
Keywords:
international law, constitution, human rights, international treaty, implementation, transformation
DISCUSSING A PROBLEM
Reference:
Fake F.F.
Implementation of International Principles and Norms in National Legislation on Human Rights
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57002
Abstract:
The article examines the approaches of contemporary international law to the concept and content of the implementation of the principle of protection of human rights in national laws of different states. A detailed analysis of the constitutional protection that the principle of human rights in the Constitution of Russia in 1993 through the implementation of universally recognized principles and norms of international law into domestic law. Theoretical analysis of the concept of "implementation" of international law is based on a study of a large number of Russian and foreign sources
Keywords:
Implementation; international law, domestic law, human rights, international law, constitution
JUDICIAL PROTECTION OF RIGHTS AND FREEDOMS
Reference:
Fake F.F.
Some Aspects of the History of Legislative Consolidation and Judicial Protection of the Right to Life in National and International Law
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57003
Abstract:
The article examines the right to life as a fundamental human right, based on extensive historical materials of different epochs: Antiquity, Middle Ages and modern times. Particular attention is paid to the death penalty and euthanasia
Keywords:
right to life, human rights, legal history, the right of foreign countries, the death penalty
JUDICIAL PROTECTION OF RIGHTS AND FREEDOMS
Reference:
Fake F.F.
Inviolability of Private Life in the Judicial Practice of Constitutional Courts of European States
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57004
Abstract:
This article examines the practice of constitutional courts of European states on the issue of privacy; reveal its general and specific features of the models of constitutional interpretation of the concept of "privacy
Keywords:
comparative law, constitutional courts, jurisprudence, privacy, constitutional right
STATE AND RELIGION
Reference:
Fake F.F.
Peculiarities of Legal Regulation of Labor of Employees of Religious Organizations (Under Legislation of the Russian Federation and the Republic of Moldova)
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57005
Abstract:
The article examines the peculiarities of legal regulation of labor employees of religious organizations in Russian Federation and in Republic of Moldova. The author pays attention to blanks in regulation of work of workers of the religious organizations, available in the Labor Ñode of the Russian Federation, and offers possible variants of their elimination. The special attention is given a question of a liability of these categories of workers. In particular, necessity of an establishment of the order of definition of the size of the damage a subject compensation, caused to workers of the religious organizations, at a level of the federal law proves
Keywords:
comparative law, religious organizations, members of religious organizations, labor, the amount of damage, liability
CRIME CONTROL
Reference:
Fake F.F.
International Law Definitions of Terrorism and the Ways for their Implementation in the Criminal Legislation of the Russian Federation (Comparative Aspect)
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57006
Abstract:
The paper conducted a comparative study of the legal definitions of terrorism in international legal acts, analyzes the main approaches to the "convergence" of international and national legislation on combating terrorism and the implementation of these international standards in to the criminal law of individual countries, including the Russian Federation, highlighted the main features of international terrorism
Keywords:
international legal definition of terrorism, implementation of international norms, international legal instruments against terrorism, international terrorism, terrorist act (the crime), terrorism, of terrorism, act of terrorism, international law, nation
CRIME CONTROL
Reference:
Fake F.F.
Conditions of Criminal Liability of Corporate Persons: Foreign Experience
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57007
Abstract:
The article describes the conditions under which legal entities are prosecuted in different legal systems: Anglo-Saxon (England, US, Australia), Romano Germanic (France, Netherlands, Belgium), Scandinavian (Denmark, Norway), post soviet (Poland, Republic of Lithuania, Republic of Moldova) socialist (People’s Republic of China) mixed (Israel)
Keywords:
comparative law, foreign experience, criminal liability, legal entity, the legal system
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Fake F.F.
Victim-Offender Mediation and Reconciliation in the System of German Criminal Juvenile Justice
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57008
Abstract:
The authors examine the Germanic Institute of reconciliation with the victim as grounds for commutation of sentence or discharge
Keywords:
reconciliation with victims, juvenile justice, courts in cases involving juveniles, the victim, the perpetrator
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Fake F.F.
Qisas Crimes in Islamic Criminal Law
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57009
Abstract:
This article examines one of the three major categories of crimes allocated to the Muslim criminal law — qisas. It includes crimes against the person (life and health), dating back to pre-Islamic period and authorized by Koran. Details are considered types of crimes against life (murder) and health (causing bodily harm, injury), as well as penalties for their commission
Keywords:
Islamic law, criminal law, murder, bodily injury, the Shariah, the Quran, talion
NATURAL RESOURCE MANAGEMENT
Reference:
Fake F.F.
Legal Problems of the Protection of Arctic Natural Resources
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57010
Abstract:
In the article some topical issues of national sectors doctrine are considered. The ecological — legal problems of the Russian Arctic are thoroughly analyzed as well as the flaws and contradictions of the legal regulation at international and national levels in the light of Russian administration initiative. The author also compares the Russian and Canadian legal systems in the range of conservation of natural resources of the Arctic
Keywords:
The doctrine of national sectors, the UN Convention on the Law of the Sea 1982., The Polar Code, the Northern Sea Route, the Arctic zone, an international convention, the International Arctic Science Committee (IASC), the Treaty on the Antarctic continent
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Fake F.F.
International Law and Simplification of “Formalities” in the Sphere of Tourism
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57011
Abstract:
Article aims to address pressing issues of legal regulation of relations connected with ensuring security and facilitation in the field of tourism. Research subjects acts of international law, of the World Tourism Organization. The publication gives a general description of international instruments regulating questions of formality in the field of tourism, as well as identifying possible prospects of public policy in the facilitation of tourism formalities
Keywords:
international law, security, tourism, facilitation of tourism, World Tourism Organization
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Fake F.F.
International Agreements as a Legal Form of the Regulation of Civil Process Relations with Participation of Foreign Persons
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57012
Abstract:
The article deals with international treaties on human rights as well as matters of international civil procedure. The author substantiates the suggestion in Russian’s legal literature on the desirability of the development and adoption of the Federal Act on the Recognition and Enforcement of Foreign Judgments in Russia without reciprocity
Keywords:
human rights, international civil procedure, execution of court orders, the interaction of the judiciary
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Fake F.F.
Transactions and Other Legally Significant Actions for Establishment of Business Societies in Russia and Latvia
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57013
Abstract:
Detailed study of the founders who establishing business entities in Russia and commercial companies in Latvia. Analyzes in detail the nature of the contract on joint activity to create a society lies in the Russian Federation and the Memorandum of Association in the Republic of Lithuania, as well as the nature of the statute created an entity
Keywords:
economic societies, commercial companies, the founder, pre-society, creating, founding agreement, the agreement on joint activities, the statute
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Fake F.F.
Constitutional Principles of Organization of the Supreme Organs of State Power of Uruguay
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57014
Abstract:
The paper briefly outlines the main principles of the supreme bodies of state power in today’s Uruguay. The analysis of the constitutional norms that establish the basic legal approaches of the Latin American nation to the question of the formation, competence and functioning of the Uruguayan legislature, executive and judicial branches of government. The article reflects, the problem of the status of a public officer, in Uruguay analyzed the existing legal framework of the state apparatus. Separately marked the role of the Supreme Court, in which the authority is carrying out the functions of constitutional review
Keywords:
principle of popular sovereignty, the principle of independent national development, secularism, Latin American economic integration; ban overlapping positions in the civil service, Regulation on the Principles of Public Service, the Supreme Court
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Fake F.F.
Structure of Procedure in the European Court of Human Rights
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57015
Abstract:
This article describes the stages of processing of cases before the European Court of Human Rights. We give grounds for differentiation of stages of the process
Keywords:
European Court of Human Rights; stage of the process
OBITUARY NOTICES
Reference:
Fake F.F.
PAMYaTI MIKhAILA ISAAKOVIChA BRAGINSKOGO (1925-2009 GG.)
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57016
Eng
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