Reference:
Primakov D.Ya. (2010). Cultural Features of the Jewish Legal System: A Comparison between Jewish and Muslim Laws. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57413
Abstract:
The author considers peculiarities of the Jewish legal system in the Middle Ages in comparison with the classical Islamic legal doctrine. He makes the analysis of Jewish sources and compares them with the Muslim legal doctrine. Features of the Jewish legal system, discussed in this article bases on three principles that shaped the identity distinct from other normative structures such as theology, and, in particular differences from the medieval Islamic law
Keywords:
Comparative law, Jewish law, Islamic law, Middle Ages, comparative studies, principles of law, Shariat, Halakha, Talmud, Hadith
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Barenboym P.D., Zakharov A.V. (2010). Roerich Pact as a Stage of Implementation of Esthetical Concept of Constitutional State of Nikolai Roerich in Life. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57414
Abstract:
In the present article the authors perform an analyze of Roerich Pact as a document, that settles the principle of priority of protection of cultural values in the period of combat actions. Basic principles of Roerich Pact, that was adopted by twenty one state are recognized in the UN Convention of 1954 «About protection of cultural values in case of armed conflict». Authors reveal the idea of ethics of statehood
Keywords:
Roerich Pact, statehood, constitutional state, Nikolai Roerich, UN Convention
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Pavlushkin A.V. (2010). Providing of Access of Political Parties, Candidates to Mass Media. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57415
Abstract:
Article is devoted to the questions of maintenance of equal access of candidates and political parties to mass media. Problems of granting of such access to mass media are considered both during election campaign, and during the period between elections
Keywords:
Equality of candidates and political parties, mass media, political advertising, informing about activity of authorities
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Kashanin A.V. (2010). Securing of Personal Non–property Interest of Author of Creation in Great Britain and USA. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57416
Abstract:
The work covers the problems of efficiency of securing of personal non–property interest of author of creation in the system of copyright. On the base of analysis of both traditional means of securing of such interest and the means that emerged in the result of reform of 1988 the work provides a number of general conclusions regarding the nature of individual non–property rights, the oportunities to execute these rights and also the process of involvement of values, which earlier have been deemed as personal non–property ones, into the property turnover
Keywords:
copyright, intellectual property, result of intellectual activity, intellectual rights, personal non–property rights, exclusive rights, author’s rights, object of copyright
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Emelyantsev V.P. (2010). The Basic Concepts of Insurance Legal Relation under the Legislation of Germany. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57417
Abstract:
Actual problems of legal regulation of basic elements of insurance legal relation under the legislation of Germany are investigated in the article. The material is stated with prospect of use of positive experience of Germany for the further development of the legislation about insurance and insurance supervision in the Russian Federation
Keywords:
Basic elements of insurance legal relation under the legislation of Germany, a legal status of the insurer and the insured, the insurance agreement, the rights and the responsibilities arising from insurance legal relations, insurance intermediary
PAGES OF HISTORY OF STATE AND LAW
Reference:
Vygovsky A.I. (2010). Comparative Analysis of the Methods of Solving of Conflict Aspects Concerning Securities. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57418
Abstract:
The present article deals with the comparative legal analysis of the legislative approaches to the conflict of laws problem with regard to the intermediated securities. The author scrutinizes the distinct features of relations between the main participants of the indirect holding system, analyzes the doctrinal approaches in this sphere of conflict of laws, examines the legal regulations of various jurisdictions (Belgium, Canada, France, Germany, Italy, Luxembourg, the Netherlands, the United Kingdom, the United States), as well as the European Union law. It also provides an overview of the Hague Convention 2002 on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary
Keywords:
comparative law, securities, conflict of laws, intermediary, securities account, EU Directives, PRIMA
CRIME CONTROL
Reference:
Vasiliev A.A. (2010). Historical Sketch of Legal Doctrine as a Source of Law in the Countries of the Continental Europe (VI–XV Centuries). Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57419
Abstract:
The article is devoted to the establishment and evolution of legal doctrine as source of law in the countries of continental Europe in VI–XV centuries. The author analyzes the legacy of the glossators and justified profound doctrinal grounds of the European law. Particular attention is paid to the style of thinking and peculiarity of legal consciousness of the European legal science founders of
Keywords:
Comparative law, legal doctrine, a source of law, glossators, post–glossators, reception of law, Roman law, Continental legal family, common law
CRIME CONTROL
Reference:
Musaelyan M.F. (2010). Specially Qualified Characteristics of a Terrorist Act: Interpretation, Qualification, Improvement (Comparative Law Analysis). Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57420
Abstract:
The following article is concerned with the problem of special qualified features of the act of terrorism on the basis of comparative criminal–legal analysis of the article 205 of the criminal code of the Russian Federation with the articles determining legal action against terrorism (act of terrorism) of the model criminal code and the criminal code of CIS countries
Keywords:
terrorist, act, terrorism, special, qualification, features, interpretation, improvement, CIS, comparative
CRIME CONTROL
Reference:
Chirkin V.E. (2010). Review on the Book Barnett Hilary «Constitutional and Administrative Law» (7–th ed. L.2008. P.825) and Guissani Elizabeth «Constitutional and Administrative Law » (L. P.481). Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57421
Abstract:
The present review offers a deep and systemized analyze of the two volumes of British authors. The author of the review scrutinizes precisely each issue, set in the volumes, the author also draws reader’s attention to similarities and differences in the two volumes. Tribute attention is paid to theories, that are developed in the volume, author of the review also speaks of presence of distinctive practical basis, that is presented by authors of the books
Keywords:
Constitutional law, administrative law, lawsuit, Great Britain, United Kingdom, bodies of state power
ANALYTICAL REVIEWS OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE GOVERNMENT OF THE RUSSIAN FEDERATION
Reference:
Kubantsev S.P. (2010). Responsibility for the Bankruptcy Fraud in US. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57422
Abstract:
This article describes the main provisions of U.S. criminal laws aimed at preventing fraud in bankruptcy proceedings. Given that the conditions of financial crisis exacerbated by the need to combat bogus bankruptcies to protect the persons and corporations from the loss of all available means, the experience of legislation governing education in the United States is of some interest
Keywords:
United States, Criminal, Law, Act, Bankruptcy, Insolvency, Fraud, Punishment, Debtor
ANALYTICAL REVIEWS OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE GOVERNMENT OF THE RUSSIAN FEDERATION
Reference:
Sadovnikova G.D. (2010). Review on the Book Strategic Resource of Democracy: Judicial Power on Guard of Electoral Rights of Citizens. Judicial Cases Practice on Protection of Electoral Rights of Citizens of Russian Federation under Redaction of V.M. Lebedev and V.E. Churov. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57423
Abstract:
In the present review author performs an analyze of the volume from point of view of its actuality and significance for practical and scientific appliance. Special attention is paid to the problem of solution of electoral conflicts by judicial bodies of state power, issues of development of legislation on elections are revealed. The review shall give a reader a full imagination about the contents of the work, its basic terms and ideas, it also shall prepare reader for apprehension all the material that is discussed in the volume
Keywords:
electoral system, judicial power, dispute, judicial bodies of state power, protection of humans rights, judicial practice, electoral laws of RF
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Artemov V.Yu. (2010). Islam and Problem of Family Violence. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57424
Abstract:
The article deals with the problem of family violence in muslim countries, the teaching of sharia on this matter and the present situation. The author uses the sources of islam: the Koran and hadithes, modern statistics and the data of special researches
Keywords:
family violence, islam, Koran, victims of violence, sharia, wives, women, family, corporal punishment
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Timoshenko I.G, Kasatkina N.M., Treschetenkova N.Yu., Leschenkov F.A., Kichigin N.V. (2010). Ecological Audit in Foreign Countries. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57425
Abstract:
This volume is represented as a comparative analyze of a special instrument of ecological control — ecological audit. The volume is composed of five chapters, three of them are devoted to detail research of legal base and practice of application of ecological audit in certain foreign countries. Comparative analyze is based on the concept of accurate research of system of ecological audit in countries of European Community, Australia and New Zealand. The volume would be of interest for scientists, that are engaged in sphere of comparative jurisprudence, ecological, state and administrative legislation
Keywords:
comparative analyze, ecological control, ecological audit, European Community, Australia, New Zealand
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Volkova N.S. (2010). Review of the Round Table Conference «Effectiveness of the Law and Modernization of Economy”. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57426
Abstract:
Review reflects the issues raised during the discussion at the round table about legal support of the modernization processes in the Russian economy. The article reflects raised by participants of the round table legal issues involved in the regulation of economic processes, as well as proposed recommendations to improve legislation in this area
Keywords:
real economy, the effectiveness of law, access to information, stimulate innovation, intellectual activity
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Ragimov T.S.–O. (2010). International Legal Regulation of Tourism. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57427
Abstract:
The article deals with the role and significance of tourism in the development and expansion of international contacts with various countries. The rapid development of domestic and international tourism facilitates the formation of international tourist law. The role of state in the regulation of tourism is especially underlined both on the national and international levels. The author analyses the development prospects of tourism, points out the needs for a professional training of personnel an the tourist industry and for a study of national and international law
Keywords:
European law, tourist law, international treaties, UN as a coordinator of tourism, legal reglamentation, state regulation, basic principles, development prospects
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Reshetuk R.V. (2010). Utility Software for Computers. Legal Experience of Russian Federation and Great Britain. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57428
Abstract:
This article denotes aspects concerning the legal status of the utility software in Russia and in the UK. The analysis bases on the provisions of the Fourth Part of the Civil Code of the Russian Federation, the Copyright, Designs and Patents Act, 1988, as well as law enforcement. The recommendations on reducing the risk of a dispute between the employee (the developer of a computer program) and the employer are highlighted
Keywords:
Comparative law, software, utility software, UK, employer, employee, remuneration, exclusive right, job assignments, non–property rights
Reviews
Reference:
Taltseva L.A. (2010). Restriction of the Choice of Law by Sides of the Contract of International Carriage by Air. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=57429
Abstract:
Article is devoted to limitation of the choice of law made by the parties of the international carriage of persons in the international conventions and the national legislation by means of which the infringement of passenger’s interests is prevented. Author gives special consideration to the analysis of the scientific literature of foreign countries. Article is of interest for practicing lawyers, science officers, students, who interested in Air Law. It is prepared at support of University of Passau (Germany)
Keywords:
International carriage of persons, Air law, Shoice of law, Protection of the passenger, Warsaw Convention 1929, Montreal Convention 1999, Sontract of adhesion, Sonsumer contract, Limitations
Reviews
Reference:
Vorobjeva E.A. (2010). The Role of Comparative Law in the Development of the Institute of Transactions Requiring Consent (Approval) of Third Parties. Journal of Foreign Legislation and Comparative Law, 2. https://en.nbpublish.com/library_read_article.php?id=62545
Abstract:
The article explains the importance of applying the methods of comparative law to improve national legislation on the example of introducing the institution of transactions requiring consent (approval) of third parties. The comparative characteristic of the norms regulating specified above transaction under the legislation of Germany and the offers, made in the Concept on perfection of the civil legislation in the Russian Federation is given. Are specified similar and distinctive features. The author of the article specifies on that applying the methods of comparative jurisprudence in the study of social problem it is possible to come running to the conscious legislative borrowing of norms and institutes taking into account the features of the national legal system
Keywords:
comparative law, legal system, borrowing norms and institutions, consent, third party, consent form, revocation of consent
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