IV INTERNATIONAL SCHOOL FOR YOUNG LAW SCIENTISTS ‘LEGAL PROBLEMS OF SCIENTIFIC PROGRESS’
Reference:
NARYSHKIN S.E. (2009). Problems of Innovation Activities in the Economy of a Subject of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56883
Abstract:
The article of a well known economist and statesman is devoted to an acute theme of innovation development of Russia which is occupying an unique position in the space of Eurasia. The author substantiates the ideas of reviving innovation potential of the country with account of internal factors and the experience of the most developed states. He emphasizes the necessity to utilize the advantages of international and regional integration (in particular, the Commonwealth of Independent States, Eurasian Economic Community, Shanghai Cooperation Organization); analyses existing problems and the ways of their solution.
Key words: innovation potential, innovation thinking, innovation sector, innovation way of development of the country
IV INTERNATIONAL SCHOOL FOR YOUNG LAW SCIENTISTS ‘LEGAL PROBLEMS OF SCIENTIFIC PROGRESS’
Reference:
Khabrieva T.Ya. (2009). Legal Dimension of Scientific Progress. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56884
Abstract:
The article is devoted to the theme which has not been studied in the Russian literature. The author analyses the issues of interaction of law and scientific progress, substantiates the idea that law creates a normatively shaped model of scientific progress, reveals the peculiarities of legal regulation and legal practice in this sphere, formulates proposals for improvement and systematization of legislation on science, determines the tasks of the legal science.
Key words: law, scientific progress, normatively shaped model of scientific progress, methods of legal regulation, legislation on science, tasks of the legal science
IV INTERNATIONAL SCHOOL FOR YOUNG LAW SCIENTISTS ‘LEGAL PROBLEMS OF SCIENTIFIC PROGRESS’
Reference:
BELIKOVA K.M., DVORNIKOVA O.A., EGOROVA N.E. (2009). Kaleidoscope of Innovative Ideas of the International School of Young Lawyers. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56885
Abstract:
The material describes the work of the Fourth International School of Young Lawyers which is annually organized by the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The authors provide short summary of the plenary session, problem seminars and master classes devoted to the legal issues of scientific progress.
Key words: International School of Young Lawyers; Institute of Legislation and Comparative Law under the Government of the Russian Federation; legal issues of scientific progress
CONSTITUTIONAL LAW
Reference:
Lafitsky V.I. (2009). About the Origins of Statehood of Ancient Slavs. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56886
Abstract:
The article is devoted to poorly studied issues of the origins of Slavonic statehood and law. On the basis of many Byzantine, Arab, Gothic and Slavonic sources the author proves the fact of origin of ancient Slavs from Dacians or Getaes who had been residing in the Balkan peninsula and Central Europe, and reveals the main features and peculiarities of their law and institutions of state.
Key words. Origin of ancient Slavs; ancient Slavonic law; Slavonic “White Book”; power of chiefs and priests: Slavonic laws and customs
CONSTITUTIONAL LAW
Reference:
Tazhin A.O. (2009). The Concordats between Vatican and the Republic of Kazakhstan as a Source of the Administrative Law in the Sphere of Administrative Regulation of the Activity of Religions Unions. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56887
Abstract:
In the article the author considers agreements — concordats of Vatican with the states as a part of the international legislature and a source of the administrative law. The given agreements are considered from the point of view of their correspondence to the signs of the normative agreements (contract). The author states the necessity of using this type of agreements while law regulation of the Rome Catholic Church activity. The concrete cases of applying the given agreements in the countries of the CIS, namely, in the Republic of Kazakhstan, are studied.
Key words: concordat, source, administrative law, law regulation
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Belikova K.M. (2009). Control on Reorganization of Legal Persons by Means of Fusion and Incorporation within the Framework of MERCOSUR. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56888
Abstract:
The article deals with approaches of antimonopoly enforcement bodies of MERCOSUR (Southern Common Market) countries to the mechanism of control over reorganization of legal persons by means of fusion and incorporation. The author considers the main idea of such a control is to prevent “excessive” concentration as long as it results badly in economic and social sphere and the said influence exceeds it`s positive effect.
Special attention is given to normative acts on protection of competition of Argentine, Brazil, Venezuela, Uruguay etc.
Key words: comparative law, MERCOSUR, Southern Common Market, competition protection, “economic concentrations”, control over fusions of undertaking, reorganization of legal persons, EU
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
VYGOVSKIY A.I. (2009). Modern Tendencies of Harmonization of Legislation for Issuing and Placement of Securities. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56889
Abstract:
The article deals with the issues of harmonization of legislations regulating the securities markets within the framework of regional international organizations. It covers the main aspects of the issues, offerings and trading in securities, regulated by the EU Directives, scrutinizes the activities of the Eurasian Economic Community and IOSCO in the said sphere, summarizes the results of the harmonization processes up to now. The article would be of interest for the lawyers specializing in European and International Law, legal regulation of securities markets, as well as all those who are interested in the harmonization and unification issues in securities regulation.
Key words: Comparative legislation, securities, harmonisation, EU Directives, Eurasian Economic Community, IOSCO, unification, globalisation, regional integration, issuer Contact the author:
Phone:
(+38) 093 407 79 70
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
MANUKYAN M.A. (2009). Determination of the Personal Law of a Legal Person in the European Law: Problems of Application of the "Real Seat" Theory. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56890
Abstract:
In the article legal consequences of transfer of company’s registered office, administrative centre and main place of business on the base of the practice of the ECJ is examined. The author reveals essential changes in the EC law in the sphere in connection with decisions of the ECJ in cases Centros, Überseering and Inspire Art. It is shown in the article, that by virtue of stated decisions EC member-states had to initiate modification of “real seat” theory or change it into incorporation theory with its special form. The author reveals the development of law and practice of France, Germany, Austria and Belgium. Moreover, it is shown that the ECJ decision in Cartesio case did not lead to the alteration of the EC law on the question of retaining personality of a company in its state of registration when transferring its seat.
Keywords: comparative law, modification, “real seat” theory, EC law
TAX LAW AND FINANCIAL LAW
Reference:
SIDOROVA M.G. (2009). Legal Regulation of Financial Responsibility under the Legislations of the Russian Federation, Ukraine and the Republic of Belarus. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56891
Abstract:
The article is devoted to the legal regulation of financial responsibility and comparative analysis of this institute under the legislations of the Russian Federation, Ukraine and the Republic of Belarus. Some statutory acts of Ukraine regulating financial responsibility are examined in this article, for example, the Constitution of Ukraine, Budget Code of Ukriane. Regulation of penalty fees under the legislation of the Russian Federation and the Republic of Belarus is analyzed.
Key words: Comparative law, sanction, responsibility, penalty fees, payer, fine, tax, law violation, recovery, customs duties
TAX LAW AND FINANCIAL LAW
Reference:
SINITSYNA M.L. (2009). Distribution of Powers in Fiscal Sphere among Different Government Levels in the EU and the USA and the Principle of Subsidiarity. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56892
Abstract:
The article deals with the principle of subsidiarity and provides a comparative analysis of the implication of this principle in the distribution of tax authorities among different government levels in the EU and the USA. The article also provides an analysis of the history of the establishment of the principle of subsidiary in the EU and of its key role in the issue of the distribution of powers in the fiscal sphere between the EU institutions and the EU member-states government authorities.
Key words: comparative jurisprudence, subsidiarity, taxation, EU, USA, federalism, member-states, states, principle, authority
DISCUSSING A PROBLEM
Reference:
Inkeri Anttila (2009). Control without repression?. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56893
Abstract:
The article deals with the idea of possibility of crime control without repression. The author examines the question from different points of view: in the aspect of organization of prisons within the scope of creation of prison institutions of a new type (the author analyses the functions of the prisons — general prevention etc.); trying to find a kind of a punishment that is less repressive than imprisonment and in terms of creation of a new society where the crime is (almost) fully controlled by new means, such as: informal control used instead of a formal control; system of positive sanctions (reward of law-abiding persons etc.) and so on.
Key words: comparative law, criminal justice, repression, punishment, prison, involuntary treatment, system of positive sanctions
OUR COMMENTARY
Reference:
KASHIRKINA A.A., MOROZOV A.N. (2009). To the Question of Effectiveness of the International Treaties. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56894
Abstract:
In the article the questions connected with the valuation of the effectiveness of international treaties and norms of international law are considered. The legal analysis of the factors of effectiveness of the international treaties by theoretical and practical criteria is conducted, the author offers recommendations on perfection of the Russian legislation concerning international treaties with the purpose of increasing the efficiency and optimizing the operation of international legal norms in the national legal system of the Russian Federation. The publication is of the interest of the lawyers specializing in international law, teachers of faculty of law of the institutes of higher education, practicing workers interested in the problems of international law.
Key words: international treaty; effectiveness; conditions of effectiveness; execution of international treaties; valuation of the effectiveness; norms of international law; basis of effectiveness; aim of international treaty; criteria of effectiveness; interests Contact the author:
Phone:
8-499-724-22-71
E-mail:
mp
izak.ru
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
INSHAKOVA À.O. (2009). Harmonization of Corporative Regulations in the Russian Federation with the Principles of Code for Best Practices of the OECD. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56895
Abstract:
Considering globalization process in the world economy, on the one hand, and the growth of regional and economic integrational intergovernmental unions, on the other hand, as two basic tendencies in modern economic development, the author studies formation of legal issues in corporate relations and corporate governance by means of different standards worked out by international organizations of special competence.
This level of corporate rights unification and harmonization the author describes as a priority and studies it on the example of Best Practices principles by the Organization for Economic Co-operation and Development (OECD) which are important for any system of corporate governance. A number of fundamental principles mentioned in the document, such as shareholders’ rights and formation of governing body in a joint-stock company, the author compares to the provisions of current corporate regulation in Russia.
Key words: economic integration, intergovernmental integrational unions, unification of corporate regulation, international organizations of special competence, Organization for Economic Co-operation and Development, Best Practices by OECD, Code of Corporate Conduct of the RF, corporate governance, shareholders’ rights protection, state corporations, independent directors, shareholders’ registry, fractional shares Contact the author:
Phone:
89265282387
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Ivanov D.O. (2009). Significance of the Practice of the European Court of Justice regarding Profit Taxation. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56896
Abstract:
The author analyses the significance of the practice of the European Court of Justice for the integration of direct taxation in the EU member states. The article describes the decision-making process of the European Court of Justice in direct taxation cases, as well as possible implications of the judgments of the European Court of Justice for the EU member states, the common market and for taxpayers from third countries.
Key words: tax law, tax law of the EU, negative integration, integration of taxation, income tax, Court of the EU, decisions of the Court of the EU, practice of the Court of the EU, taxes of the EU, taxation of companies
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Nanba S.B. (2009). Legislative Foundations of Establishment of Competence of Local Authorities in Spain. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56897
Abstract:
In article the modern condition of local management in Spain is considered. The legislative acts regulating questions of the organization of local authorities are analysed. The author investigates various types of local collectives, defines their competence. The author arrives at a conclusion that during a few last years bodies of local management reject classical approach to the understanding of the competence of a body of a local management where local bodies independently carry out their powers.
Key words: Comparative law, local government, Spain, authority, powers, delegation, province, “comarcas”, “mancomunidades”, areas metropolitanas
Local self-government
Reference:
Vasilyev A.A. (2009). Legal Doctrine as a Source of English Law. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56898
Abstract:
The article is devoted to the legal doctrine as a source of law. The author analyzes historical stages of the evolution of English legal doctrine and the reasons for acknowledgement of doctrinal works of lawyers as a source of law in England. Furthermore, the particularities of English jurisprudence are examined in this edition.
Key words: comparative law, sources of law, legal doctrine, judicial precedent, English law, equity law, conservatism, pragmatism, reasoning by analogy, statutory law
PAGES OF HISTORY OF STATE AND LAW
Reference:
A. A. Vasil'ev (2009). Pravovaya doktrina kak istochnik angliiskogo prava. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56899
Reviews
Reference:
R. M. Valeev, N. E. Tyurina, G. R. Shaikhutdinova (2009). Retsenziya na knigu O.I. Tiunova, A.A. Kashirkinoi i A.N. Morozova «Mezhdunarodnye mezhvedomstvennye dogovory Rossiiskoi Federatsii» (M., 2008, 247 s.). Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=56900
Eng
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