Philosophy of law
Reference:
V.D. Zorkin (2009). Religion and Law in the Modern World. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57485
Abstract:
This article deals with urgent questions of philosophy of law: the essence, goals, directions and forms of its development,
examines the concept of legal state, investigates the changes in law and organization of states at the present stage, argues the case for the use of historical and cultural approach for researches of law and the state.
Keywords:
law, state, rule of law, philosophy of law.
Philosophy of law
Reference:
V.I. Lafitsky (2009). Religion and Law in the Modern World. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57486
Abstract:
This article substantiates the new approaches to the researches of the influence of religion on the state and law, describes the legal systems with the common religious traditions, spiritual and ethical values; analyzes characteristics of the Slavic law.
Keywords:
religion, law, comparative law, the images of law, the Slavic law.
Philosophy of law
Reference:
P.D. Barenboym (2009). The concept of State as an artwork and constitutional economics. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57487
Abstract:
In this article is given the proof of the concept of a State as an artwork in context of principles of law and requirements of constitutional economics.
Keywords:
state, law, State as an artwork, Burkhard, Kant, Rerikh, Brodskiy.
CONSTITUTIONAL LAW
Reference:
A.R. Sultanov (2009). Constitutional Court Procedure and «Amicus curiae». Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57488
Abstract:
In this article analyzes the possibility of improving the Constitutional Court procedure, as well as the possibility of use «amicus curiae» in the Constitutional Court procedure.
Keywords:
comparative law, Constitutional Court of Russia, the European Court of Human Rights, Amicus curiae, Constitutional Court procedure, expert examination, third person, supremacy of law, an instrument of civil society, law theory
CONSTITUTIONAL LAW
Reference:
Eynullaev Tagi Bahadur oglu (2009). Opportunity to Review Decisions
of the Ñonstitutional Ñourt of the Àzerbaijan Republic. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57489
Abstract:
In most countries the decisions of the Constitutional Court is final. Nevertheless, some countries have made provision in its law to review decisions of this body. Taking into account the national legislation the author considers the opportunity to review of decisions of the Constitutional Court of Azerbaijan.
Keywords:
comparative Law, Constitutional Court, the revision of decisions, judicial power, justice, legislation, European Convention, European Court, the Constitution, Azerbaijan
PERSONAL STATUS AND MECHANISM OF RIGHTS AND FREEDOMS PROTECTION
Reference:
I.M. Khuzhokova (2009). The Right to Privacy in Countries of Anglo–Saxon law system (On the example of the USA and Great Britain). Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57490
Abstract:
The comparative analysis of the right to privacy in two countries of Anglo–Saxon law system is considered. The role of legal doctrine, case law and European law influence in the process of recognition of the right to privacy in England and USA are revealed.
Keywords:
privacy, the right to privacy, comparative law, legal doctrine, sources of law, history of law, constitution law, USA, United Kingdom.
PERSONAL STATUS AND MECHANISM OF RIGHTS AND FREEDOMS PROTECTION
Reference:
R.Sh. Garipov (2009). Legal Defense of the Indigenous Small Ethnic Communities Rights in the USA (Comparative analysis). Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57491
Abstract:
Current legal issues of protection of indigenous peoples on an example of North American Indians and indigenous
minorities of the North, Siberia and the Far East Russia are considered in article. The information on development of regulatory affaires relations, arising with reference of protection of the rights indigenous minorities of the USA and the Russian Federation, a level of their conformity to the international standards is given. Research of problems of protection of the rights indigenous minorities during the modern period and also the analysis of the American and Russian legislation will assist preparation of the modern concept of its further development according to the international standards.
Keywords:
comparative law, law of nations, aborigines, indigenous peoples, national minority, red indian, the indigenous minorities of the Russian Federation.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
O.V. Gavriluk (2009). The Problems of Compensation for Moral Damage to the Employee on the Example of Legislation of Foreign Countries. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57492
Abstract:
This article deals with urgent problems of the legal mechanism of protection workers’ rights, in particular, the application of moral damage in labor relations. The purpose of this article is to provide the reader information about the features of the functioning of the institute of compensation for moral damage in the different legal systems, to compare the norms of Foreign and Russian legislation and justify the need for appropriate changes in the domestic legal acts. Particular attention is paid to the employees’ compensation for moral damage in case of breach of his employment rights.
Keywords:
comparative law, labor law, the mechanism of protection, moral hazard, compensation for moral harm, the ground of liability, protection of labor rights, honor, dignity, business reputation, improvement of legislation.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
T.A. Merkulova (2009). Foreign Participation in Economic Activity of Hungary. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57493
Abstract:
The main goal of the article is to present information about foreign investment legislation, to study the Hungary legislation about creation and activity of foreign investment societies and partnerships and the opportunities of such organizations
to have activity in the other forms.
Keywords:
foreign investment, legislation, foreign investor, partnership
LABOUR RIGHTS
Reference:
L.N. Chayka (2009). Modern Problems of Labour Contract in Europe in View of World Economic Crisis. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57494
Abstract:
Problems concerning the regulation of labour contract in view of world economic crisis are raised in this article. The author gives the analysis of international acts concerning these problems. The author gives an estimate of examination.
Keywords:
labour, contract, employee, economic crisis, legal defense, labour law, guarantees, European union, European court
CRIME CONTROL
Reference:
Mestnikov V.A. (2009). Law of Sarbeince–Oxly USA — against corporate fraud. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57495
Abstract:
In the article the author analyses basic document in sphere of counteraction of corporate fraud in USA — law of Sarbeince–Oxly 2002. In current economical conditions, that dictate the necessity of permanent control of assets, measures to counteract corporate crime gain special actuality. From this point of view experience of USA may be interesting and useful to be applied by enterprise, organizations of all property forms and also, law enforcement structures of Russian Federation.
Keywords:
comparative law, corporate fraud, law and economics, subtle economics, economic crime, economic violations, professional fraud, legislation of USA, law of Sarbeince–Oxly, economic security
CRIME CONTROL
Reference:
A.G. Ivanov (2009). Criminally–Legal Struggle with False State Assay Marks on the Example of Foreign Countries. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57496
Abstract:
In this clause discovering actual problems of criminally–legal struggle with false brands in the foreign countries. This clause including analysis of the regulations which are consolidating in the Criminal codes and special legal formal documents. Summing up, the author special on possibility adoption in the Russian criminal law the norms, which established in the legislation foreign countries.
Keywords:
a brand, jewel, the analysis, criminal legislation, marks of a product, precious metal, falsification of punches, Anglo–Saxon legal system, the criminal–legal perfection
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
T.A. Zulfugarzade, M.A. Khataeva (2009). Modern Approaches to International Regulation Influence of Nanotechnology on Health, Safety and Environment. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57497
Abstract:
The work investigates the basic perspective directions of legal support nanotechnology in modern conditions of the nanotechnology industry, whose products have a serious impact on the lives and health of people and the environment. The possible ways to regulate issues of human security and the environment in international law and national legislative level, the industrialized countries, developing nanotechnology industry are offered.
Keywords:
legal security of nanospheres, conceptual approaches to international legal regulation of nanotechnology, providing the legal production and distribution of nanomaterials, nanoproduction, nanotech, «Nanoformat»
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
D.A. Kobylyatsky (2009). International legal protection of scientific works: historical and legal aspect. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57498
Abstract:
This article describes the process of formation and development of international legal protection of scientific works in the emitted by the author aspect of inconsistencies essence of scientific works, literature and art and provided dimension of legal protection. A retrospective is given — since the achievement of the first inter–state agreements in the
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Annnotations of articles and materials, key words
sphere of intellectual property. The object of investigation is bilateral treaties and multilateral international legal treaties. The history of the development of the Berne Convention, the World Copyright Convention is also described. Particular attention is paid to balancing the interests of holders of property rights to scientific works and users from developing countries
Keywords:
comparative law, international law, work, science, volume retrospective of the agreement, the property, the balance
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
E.N. Popova (2009). Activity of the International Labour Organization in the Sphere of Guaranty of the Right to decent work of People with Disabilities. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57499
Abstract:
This article highlights the immediate problem of guaranty of people’s with disabilities right on decent work. The activity of the International Labour Organization should help forward on solving of this problem. The International Labour Organization is the first international organization which began pays attention to the problems of the right protection of people with disabilities. This article denotes the role of the International Labour Organization in the sphere of the increasing of people with disabilities life, highlights the basis stages of rule–making of the International Labour Organization in this sphere. According to the results of the research author comes to conclusion about necessity of perfection of the labour rights protection system of people with disabilities which represented in the International Labour Organization.
Keywords:
comparative law, right on decent work, the International Labour Organization, people with disabilities, discrimination, equality of the abilities, employment, human rights, employees with disabilities, professional rehabilitation
YOUNG SCIENTISTS SPEAKING OUT
Reference:
V.V. Rassokhin (2009). Legal Nature of the Request of the Aggrieved in Insurance of Tort Liability. Legal–Comparative Analysis. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57500
Abstract:
In present material the legal nature of request of the aggrieved to persons, that are liable for indemnification is being analyzed. A sufficient attention as paid to practice of foreign countries, and also to problems, that were revealed in progress of application of regulations of active legislation about insurance of civil liability. The author studied examples from court practice and brought in suggestion about upgrade of active legislation.
Keywords:
insurance agreement of civil liability, request of the aggrieved, compensation
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Yegorova N.Ye. (2009). Law as a source of constitutional law in Russia and foreign countries. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57501
Abstract:
Article is devoted the comparative legal analysis of the law as constitutional law source in Russia and foreign countries. The author mentions questions of essence, signs and kinds of laws as constitutional law sources in the modern states, reveals sphere of legal regulation of laws as constitutional law sources.
Keywords:
law, a source of constitutional law, constitutional statute, organic law, a subject of legal regulation, constitutional law
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Aksenov A.G. (2009). Regulation of the essence of the contract for the international sale of goods between business entities of the CIS countries. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57502
Abstract:
The article is concerned with an essence of a contract for the international sale of goods between business entities of the CIS countries. The author considers different approaches to the essence of a contract in civil law doctrine. Foreign treaties of the CIS, UN Convention on Contracts for the International Sale of Goods 1980 and national legislation of the CIS countries are analyzed by the author.
Keywords:
essence of a contract; contract for the international sale of goods; UN Convention on Contracts for
OBITUARY NOTICES
Reference:
(2009). Pamyati Borisa Grigor'evicha Manova (1955-2010 gg.). Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57503