ON THE 85-TH ANNIVERSARY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION
Reference:
Andrichenko L.V. (2010). Spatial Legal Problems of the State Innovation Policy Realization. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57705
Abstract:
The article deals with the problems of innovational territory development in the Russian Federation. It examines the issues of delimitation of powers between federal State government bodies and public authorities of the Federation in the sphere of public support for innovation development, examines the role of local authorities in this sphere, an analysis of the strategic planning of innovation development in the subjects of the Federation, and proposes some ways to improve the federal legislation in the field of innovative development.
Keywords:
Innovation development, innovational infrastructure, territories of innovation development, Science Towns, economic zones, public authorities, local government bodies, strategy planning, innovation programs, associations of economic cooperation, scientific–technical policy
POLICIES IN NATIONAL RELATIONS
Reference:
Velieva D.S. (2010). The Obligation of the Russian Federation to Provide a Healthy Environment in the Context of the Conception of «Positive Obligations» of the State. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57706
Abstract:
The responsibility of the Russian State to ensure the right to a healthy environment is analyzed in the article. The conception of «positive obligations» of the state based on the practice of the European Court of Human Rights and the Constitutional Court of the Russian Federation is studied. The methods of implementation
of constitutional environmental responsibilities of the Russian state are considered.
Keywords:
tThe constitutional obligation, the right to a healthy environment, positive obligations, court practice, the European Court of Human Rights, the Constitutional Court of the Russian Federation, environmental obligations of the Russian State
TOPICAL PROBLEMS OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
Reference:
Kalmykova A.V. (2010). Comparative Analysis of Technical Regulation Systems in Russia and the Countries of Commonwealth of Independent States. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57707
Abstract:
The article is devoted to the legislation research in the sphere of technical regulation of the states of the post–Soviet territory. The rather–legal analysis of the basic institutes of technical regulation in Russia and in the CIS countries is given in the article. General and distinctive features of a legislative regulation in the sphere of technical regulation are determined on the basis of the analysis.
Keywords:
Technical regulation, technical reglament, standard, standardization, production, service, the CIS, safety, responsibility
TOPICAL PROBLEMS OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
Reference:
Pilipenko A.N. (2010). Constitutional Reforms in France in 2000–s. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57708
Abstract:
The proposed to print article examines the constitutional reforms undertaken in France from the beginning of 2000. Their content and orientation reflect the basic tendencies of modern constitutional development.
In this context the article, in our opinion, represents the interest for russian reader and expert connected with the legislative activity.
Keywords:
Constitution, reforms, political institutes, the opposition rights, modernisation, territorial collectives, local democracy
TOPICAL PROBLEMS OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
Reference:
Khujokova I.M. (2010). Right on the Private Life in the Continental Europe. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57709
Abstract:
The analysis of European countries laws on the right to privacy has revealed the main vectors of development
of the right to privacy in continental Europe.
Keywords:
Comparative law, constitutionalism, Constitution, Europe, doctrine, law, privacy, European Union, history, legislation
CONSTITUTIONS AND LAW ENFORCEMENT PRACTICES
Reference:
Nikitina V.M., Zayachkovsky O.A. (2010). Realization of Budget Federalism Principles in the Context of New Constitutional Model of Local Government in Italy. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57710
Abstract:
Considered the questions of the legal aspects of the implementing of fiscal federalism principles in Italy under the new constitutional model of the local government. Given a retrospective analysis of the reform process in the management of own tax revenues of the local autonomies in Italy. Described the difficult process of searching a new «technical reading» for the fiscal apparatus, its limits and contradictions on the basis of positions of solidarity of municipal and fiscal federalism.
Keywords:
Comparative law, comparative municipal law, local self-government, fiscal autonomy, budget federalism, European factor, social functions of local taxes
CONSTITUTIONS AND LAW ENFORCEMENT PRACTICES
Reference:
Pisenko K.A. (2010). Lessons of Religion in Public School — Norm of a Secular Lawful State: the European Experience of Legal Regulation of School Religious Education. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57711
Abstract:
This article examines the European experience of the legal regulation of religious education in the public education system. Interest to the this theme is caused by necessity to solve lasting in Russia for over a decade the discussion about the possibilities, forms and principles of teaching religious subjects in a system of secular public education. On an example of experience of the secular legal European states, such as the Great Britain, Germany, Poland, France, Belgium, Spain, etc., the author proves, that the lessons
of religion in public schools are an integral and organic part of the education system, that allows to solve the problem as a full–fledged intellectual development schoolchildren, and moral and patriotic education
in accordance with the child in the family and the country’s religious traditions. Main principles of the European education system in this part is, on the one hand, voluntariness of choice of schoolchildren and their families religious subjects, on the other — the full integration of religious subjects in the educational
system in an equal status with other disciplines. The author proposes to use the main principles of the European system of religious education at the creation of legal mechanisms for the integration of religious subjects into a system of secular education in Russia, because they comply the criteria and principles
of secularism, legal state, principles and norms of international law, the principle of voluntariness of religious choice, on the one hand, and allow at the same time accomplish the task of spiritual and moral education and intellectual development of the child in accordance with the his own and his family religious choice, on the other.
Keywords:
Comparative law, religion, spiritual, moral, church, state, school, relationships, secular, law, patriotism
CONSTITUTIONS AND LAW ENFORCEMENT PRACTICES
Reference:
Zaytseva N.V. (2010). Guaranties of Shareholders in Case of Mergers and Acquisitions in Law of England. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57712
Abstract:
The article denotes to the acute problems of provision of guaranties to the shareholders in case of merges and acquisitions. Analysis of fundamental principles of English law regulating the transmission of property
rights on shares or company assets and provision of guaranties to the further owners is highlighted in the article. Possibility of using of shareholders guaranties in Russian legislation is considered.
Keywords:
Comparative law, merges and acquisitions, English system of provision of guaranties to the shareholders, guaranties of shareholders in Russian legislation, restriction of guaranties, problem of implementation of guaranties, types of guaranties of shareholders in case of merges and acquisitions, forms of implementation of guaranties
CONSTITUTIONS AND LAW ENFORCEMENT PRACTICES
Reference:
Khabrieva T.Ya. (2010). Right of Peoples to Self-Determination: Modern Statement of the Issue. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57713
Abstract:
The article analyses the acute issues of the realization of the right of peoples to self-determination. The author describes the history of the formation of the doctrine and regulation of the right of peoples to self-determination in international law documents and in acts of national legislation of the countries of the world. In the concluding part of the article the author reveals the main features of the right of peoples to self-determination.
Keywords:
tThe right of peoples to self-determination; national-territorial organization; nations, peoples, ethnic group in international law and national legislation
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Tsomartova F.V. (2010). About Development Tendencies of Legal Regimes of Rental Contracts’ Termination and Eeviction in the Eeuropean Countries. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57721
Abstract:
The author analyses a social economic grounds of legal regime of rental contracts’ termination and eviction and its constitutional fixing, a structure of legal regulation of these relations, a role of instruments of self regulation in the researching sphere for the exposure and description of tendencies of legal regulation of rental contracts’ termination and eviction in the European countries. The author special attends a category of «security of tenure».
Keywords:
Termination of rental contract, eviction, grounds of eviction, eviction procedure, self regulation, security of tenure
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Khabrieva T.Ya., Tikhomirov Yu.A. (2010). Constructive Potential of Science — to the 85th Anniversary of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57722
Abstract:
The article describes legislation as a complex social system, substantiates new approaches to the formation of the system of legislation and conceptions of its development, shows the fields of activities and achievements of the Institute of Legislation and Comparative Law under the Government of the Russian Federation in the development of Russian legal science.
Keywords:
Institute of Legislation and Comparative Law; legislation, branches of legislation, system of legislation, application of law, comparative law
PAGES OF HISTORY OF STATE AND LAW
Reference:
Akopyan O.A. (2010). Conduct of Tax Reforms in the USA in 1980s for the Investment Process Stimulating. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57725
Abstract:
Article is devoted to the tax system of the USA and questions of stimulation of investment process during the crisis periods in economy. In article you can find the review of some the basic measures undertaken by the government of the USA during 80th years of XX century, which promoted improvement of an investment climate.
Keywords:
Investments, Taxes, The state, Financing, Stimulation, Innovations, Privileges, Crisis
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Seleznev V.A. (2010). Court Enforcement Proceedings in Foreign Countries: Organization Legal Aspects. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57726
Abstract:
There are specific traits of enforcement proceedings facilitation in different foreign countries with the purpose of comparative analysis is considered in the article. The author has generated general criteria for enforcement practice systems classification. While considering the questions of organizing the judicial acts and other acts of governmental institutions execution in the countries, where the law may be of different legal frameworks, it makes sense to classify systems of enforcement proceedings as centralized and decentralized.
Researching of the foreign enforcement systems the author suggests considering the specifications of functional specializations of bailiffs (enforcement institutions) and determining centralization and decentralization
proportion at structural and functional level and at the level of legal regulation of enforcement proceedings.
Keywords:
enforcement proceedings system, bailiff, judicial act, foreign experience of enforcement proceedings, bailiffs’ powers, enforcement units, public legal functions, enforcement arrangement, private enforcement officer
CRIME CONTROL
Reference:
Antonova Ye.Yu. (2010). The Corporate Criminal Responsibility for the Crimes Encroach on the Interests of Customers: Foreign Experience. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57727
Abstract:
The present article contains analysis of the legislation on corporate crimes encroach on the interests of customers basing on the examples of the United States of America, Canada, France, Holland, Denmark, Norway, Moldavia and Chinese People’s Republic. The author comes to conclusion on necessity of the determination of corporate criminal responsibility in the native legislation.
Keywords:
The interests of customers, the production of goods, the sale of goods, counterfeit goods, falsification, the production lack of correspondence request of safety, corporate crime, criminal responsibility, legal entity
CRIME CONTROL
Reference:
Esakov G.A., Helmann Uve, Golovenkov P.V. (2010). Determination of the Subject of Crimes in the Eeconomic Sphere in Russian and German Criminal Law. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57728
Abstract:
The article is devoted to problems of legislative, theoretical and judicial defining of subject of economic
crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current
theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
Keywords:
Subject, corpus delicti, crime, corporation, manager
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Mitkovsky D.M. (2010). Legal Environment of land boundaries making in Russian Federation and in the countries of Commonwealth of Independent States. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57729
Abstract:
The article is dedicated to questions of legal environment of land boundaries making as an object of different law relations in Russian Federation and in the countries of Commonwealth of Independent States. The author made a comparative analysis of the concepts of a land and its forming in the land legislation. There are ideas on perfection of definition of land in the article. Due to comparative research of the land boundaries making is understood as a complex of administrative procedures for separation a part of territory and as result appearance of a new object of law.
Keywords:
Comparative analysis, land boundaries making, state cadastral list, object of law relations, administrative procedures, state registration
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Shlykova N. (2010). Specifics of Organization and Conduct of Elections in India. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57730
Abstract:
Specifics of organization and conduct of elections in India and rules on delimitation of constituencies are highlighted in the article. For another thing the author analyses specifics of the election of candidates in case of conjunction of vacant seats number in the elective bodies and number of contesting candidates, reflects the mechanism of conduct of by–elections.
Keywords:
Comparative law, electoral system, constituencies, electoral legislation, nomination of candidates, scrutiny of nominations, withdrawal of candidature, by–elections
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Bakhaeva A.V. (2010). Dominant Position in the Antimonopoly Legislation of the European Community. Journal of Foreign Legislation and Comparative Law, 4. https://en.nbpublish.com/library_read_article.php?id=57731
Abstract:
The Article studies the topical issues of the regulation of a dominant position under the antimonopoly legislation of the European Community. The analysis is carried out upon the basic decisions of the European Court on the antimonopoly cases, which are currently the key cases for the European antimonopoly legislation and which form enforcement practice of the European community. The conclusion is made that there exists a necessity to reform the approach of the European Commission and the European Court to the antimonopoly cases concerning the dominant position.
Keywords:
Antimonopoly legislation of the European Community, dominant position, collective dominance, abuse of a dominant position