ON THE 85-TH ANNIVERSARY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION
Reference:
Volkova N.S. (2010). Speeches devoted to the 85th anniversary of the Institute:
- The President of the Russian Federation D.A.Medvedev.
- The Chairman of the Government of the Russian Federation
V.V. Putin.
- The Chairman of the State Duma of the Federal Assembly
of the Russian Federation B.V. Gryzlov.
- The Chairman of the Federation Council of the Federal Assembly
of the Russian Federation S.V. Mironov. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57746
Keywords:
Institute of Legislation and Comparative Law under the Government of the Russian Federation, enlarged meeting of the Academic Council, anniversary
ON THE 85-TH ANNIVERSARY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION
Reference:
Bogolubov S.A. (2010). Integrated State Ecological Policy and Human Rights. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57747
Abstract:
Directions and subjects of formation of integrated state ecological policy, inclusion in its content of the decision of problems of ecological human rights and the citizen, performance of nature protection functions of the state and corresponding
constitutional duties of citizens to protect the nature are considered in the article.
Keywords:
the integrated state ecological policy, ecological human rights, nature protection functions of the state, ecological duties of citizens.
ON THE 85-TH ANNIVERSARY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION
Reference:
Batler W. (2010). Place of the Russian Law in the World Legal Sphere. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57748
Abstract:
This article is based on a report U.E. Butler, presented at the enlarged session of the Academic Council of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, devoted to the 85th anniversary
of its founding. The article examines changes in the Russian legal system, the existing viewpoint, as well as the author’s position on the place of the Russian legal system in the global legal sphere.
Keywords:
Russian legal system, global legal sphere, comparative law
ON THE 85-TH ANNIVERSARY OF THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION
Reference:
Khabrieva T.Ya., Doronina N.G. (2010). Creation of the International Financial Center: Systemic Approach in Overcoming the Legal Problems. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57749
Abstract:
The main idea of the article is to give the recommendation concerning the creation of the International Financial Center in Russian Federation. The creation of the International Financial Center in Russian Federation raise many problems
of legal nature. So it is obvious that to achieve this aim it is not enough to enact one or even several laws. The authors suggest a systemic approach in reaching this purpose. The way of moving towards the purpose of internationalization of Russian financial market includes the conceptual change of legislation in the financial markets, the growth of state regulations,
and the correction of the general rules in Civil Code of Russian Federation in the direction of investors’ protection. The Recommendations, made in the Article should give the result of attracting investors to Russian Financial market including
foreign investors. Much should be done in development of the proceedings for settlement of investment disputes.
Keywords:
exchange, Rules of Exchange, trades, financial instruments, investors’ protection, alternative proceedings for settlement of investment disputes
ECONOMICS AND LAW
Reference:
Aukhatov A. (2010). The Control Criterion in Russian und German Law. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57750
Abstract:
The following article deals with the problems concerning the application of the criterion used to establish the nationality of the persons in control of legal entities in Russia and Germany. It is an analysis of national legislation and international contracts of the Russian Federation and Germany. The author concludes that the „control criterion» offers a valueable mechanism for ascertaining which nationality the legal entity should be ascribed to in reality. This criterion can however not be used to establish which law the entity falls under. The application of the «control criterion» is restricted by important national interests and goals (e.c. protection of public interest, protection of national production and employment,
non–involvement of foreign entities in sectors of national strategic relevance). An important feature of the «control criterion» is that its application varies according to the circumstances of each individual case.
Keywords:
International private law, comparative law, German law, the „control criterion«, rules resolving the conflict of laws, ascertaining the actual national identity of the a legal entity, international contracts of the Russian Federation and Germany, aid and protection of investments and capital in Russia and Germany, protection of national public interests
ECONOMICS AND LAW
Reference:
Pilipenko A.N. (2010). France: Intensification of the Parliament’s Role. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57751
Abstract:
In article are considered the role and evolution of the French parliament in system of constitutionally institutes of V Republic, a particular, the expansion of its toolkit in information support, the analysis of efficiency of laws accepted by it etc. The special attention is given to the constitutional reform of 2008 which expands parliament possibilities in legislative
work, allocates with its additional powers on control of the governmental activity, strengthens a role of parliamentary opposition.
Keywords:
comparative law, France, Parliament, system of constitutional institutes, V Republic, constitutional reform, parliamentary opposition
CONSTITUTIONAL DEVELOPMENT
Reference:
Sobolevskaya Yu.V. (2010). Legal Regulation of State–Confession Relations in European Countries: International and National Influence. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57752
Abstract:
The article deals with the modern tendencies of the state–confession relations’ development on the European area. The author analyses constitutions of the European countries from the point of religion phenomenon; investigates the influence of international documents and the European Court of the human rights practice on national legislation of freedom of worship.
Keywords:
State, church, freedom of worship, international and national legislation
CONSTITUTIONAL DEVELOPMENT
Reference:
Ledeneva M.A. (2010). Contracts and Obligations:
Acute Issues of Theory and Practice. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57753
Abstract:
In article author describes the unknown to Russian law system non–accessory security right over real property. Basic Guidelines for a Eurohypothec is the result of work, initiated by the Association of German Mortgage Banks. In article
analyzes basic elements of eurohypothec and the possibilities of it application in mortgage bank industry.
Keywords:
Securing obligations, non–accessory hypothec, eurohypothec, mortgage
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Volkova N.S. (2010). Review of anniversary events of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57754
Abstract:
The article reviews the enlarged meeting of the Academic Council of the Institute of Legislation and Comparative Law under the Government of the Russian Federation devoted to the 85th anniversary of its founding. The reports of Bogolyubov S.A. «Law and Unique State Ecological Policy» and W. Butler «Place of the Russian Law in the World Legal Sphere» were presented during the enlarged meeting. The meeting was attended by the Head of Presidential Administration of the Russian Federation, Chairman of the Board of Trustees of the Institute S.Ye. Naryshkin, heads of the Supreme Court, the Supreme Arbitration Court of the Russian Federation, the Prosecutor General’s Office, the Ministry of Justice, Education and Science, Internal Affairs and other federal ministries and agencies, representatives of the major scientific and educational centers of the country.
Keywords:
Institute of Legislation and Comparative Law under the Government of the Russian Federation, enlarged meeting of the Academic Council, anniversary
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Zabitov K. S. (2010). Disputes on Appraisal of Minority Shareholders Securities
in the Squeeze–Out Process: Russian Practice
and Foreign Experience. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57755
Abstract:
The article concerns issues of appraisal of minority shareholders securities in the squeeze–out process. In the research the author also analyzes foreign experience.
Keywords:
Minority shareholders, appraisal right, squeeze–out of minority shareholders
LAW AND SOCIAL RELATIONS
Reference:
Bevelikova N.M. (2010). Legal Support of the Reforms in the Health Sector: Experience
of China, Russia, USA. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57756
Abstract:
The article is devoted to legal support government policies in the health sector in some developed countries. The questions in the field of compulsory health insurance and pharmaceutical industries, triggered the analysis of new legal aspects of the reforms in China, Russia and USA. The most important mechanism for achieving the goal of reform is the balance between the terms and amounts of medical care and the necessary financial means. In this connection special importance is the task of more rational use of available resources.
Keywords:
Health care, health insurance, medicine, management
LAW AND SOCIAL RELATIONS
Reference:
Merkulova T.A. (2010). Labour Contract in the legislation of Hungary. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57757
Abstract:
The main goal of the article is to present information about regulation of ladour contract, its sides and forms. It deals with the order of conclusion of labour contract, with its compulsory conditions and cancelling.
Keywords:
Labour contract, labourer, employer, conclusion, change, cessation, sancelling
LAW AND SOCIAL RELATIONS
Reference:
Orlova Ye.Ye., Shubina O.A. (2010). Specific features of setting the unemployment benefit amount
in CIS countries. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57758
Abstract:
The article deals with the practice of setting the unemployment benefit amount for the individuals temporary lost their jobs in UIS countries. The author puts forward the idea of improving the employment legislation in UIS, since the payment
of unemployment provides the acceptable living standard and welfare through the period of searching for proper job.
Keywords:
unemployment benefit, average monthly wage, insurance period, social support of jobless citizens, maximum unemployment benefit amount
LEGAL LIFE
Reference:
Kresin A.V., Lafitsky V.I. (2010). Review of the XVIII International Congres of Comparative Law (Washington, 25 July– 1 August 2010). Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57759
Abstract:
The article highlights the work of one of the world’s largest legal forums — XVIII International Congress of Comparative Law, held in July — August 2010 by the International Academy of Comparative Law, American Society of Comparative Law, American University, George Washington University and Georgetown University. Briefly describes the papers presented at the plenary and breakout sessions, as well as most of the discussion that unfolded during the Congress.
Keywords:
International Congress of Comparative Law, International Academy of Comparative Law, reports, discussions
LEGAL LIFE
Reference:
Kashirkina A.A., Mescheryakova M.A., Morozov A.N. (2010). Review of work of joint session of scientific council under the program of basic researches «Economy and Knowledge Sociology»
of the Presidium of the Russian Academy of Sciences, section
of philosophy, sociology, psychology and law of branch of social studies of the Russian Academy of Sciences and an academic council
of the Institute of legislation and comparative law under
the Government of the Russian Federation
(Moscow, 28 September 2010). Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57760
Abstract:
In the chronicle are reflected the positions of leading scientists about the searching and exercising of the most adequate instruments of development of the contemporary economics. A particular attention was paid to the law as the regulator of the economic relations, the concept of modernization of the country, a boost of investment, economic analysis of the social relation, the standards of economic and legal researches, the development of the cooperation between the Institute of legislation and comparative law under the Government of the Russian Federation and Russian Academy of Sciences at the basis of joint researches.
Keywords:
Law, economics, economic and legal researches, investments, innovations, modernization of economics, forecasting, research methods, regulative exposure valuing
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Artemov V.U. (2010). Fixed Punishment (Hudud) in Islamic Criminal Law. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57761
Abstract:
The article deals with a special category of sanctions in Islamic criminal law. They are called hudud and are imposed for a limited number of crimes mentioned in the Quran and/or Sunna. Islamic law teaches that the crimes punishable
by these sanctions infringe the laws and rights of Allah.
Keywords:
Islam, sharia, punishment, sanction, stoning, theft, adultery, caning, robbery
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Nafikova G.A. (2010). Protection of the Rights of Victims and Witnesses
in Criminal Trial of the Countries of English–Saxon
and Romano German Legal System. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57762
Abstract:
Article is devoted the comparative analysis of realization of a principle of protection of the rights and freedom of the person and the citizen in the Romano–German and English–Saxon legal system. Within the limits of article the regulatory
legal acts regulating an order of protection of the rights of participants of criminal legal proceedings are considered. The programs accepted and realized in foreign countries concerning protection of the rights of participants of criminal legal proceedings are resulted.
Keywords:
Legal system, criminal trial, protection, protection, human rights, safety, the mechanism, penitentiary, a victim, a crime
CRIME CONTROL
Reference:
Kachelin M.S. (2010). International Legal Opposition to Money Laundering and the Organised Criminality in Struggle Against Corruption. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57763
Abstract:
In given article are considered international legal documents which form strong bases for a combination and use of possibilities of system of struggle against money laundering and the organized criminality as the most important and effective
mechanism in the corruption counteraction, intended for the states which aspire to that their national anticorruption legislation corresponded to the international standards.
Keywords:
Money laundering, the organized criminality, corruption, a corruption crime, the international community
CRIME CONTROL
Reference:
Ivanets U.L. (2010). Methods of Resisting Capital Exporting:
Foreign Experience. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57764
Abstract:
In this article the author exercises extensive research of foreign experience on resisting illegal capital exporting and accumulating the capital in controlled foreign structures. In particular, the research is focused on controlled foreign companies’ legislation in USA, UK, Germany and Italy. The author comes to conclusion about the reasonableness of introducing
controlled foreign companies legislation in Russia.
Keywords:
Capital export, abroad, illegal, tax haven, offshore, controlled foreign companies
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Malisheva N. R. (2010). Outer Space as a Priority of European Policy and European Law. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57765
Abstract:
The article is devoted to the current tendencies in the development of European space policy, to its reflections in the law as well as to the role and place of three main actors: European Space Agency, European Union and Member States of both integrating structures in this process. The conclusion about Outer Space as a priority of contemporary European policy is made. The main target of this policy is a strengthening of European leadership in exploration and use of outer space.
Keywords:
Comparative law. Space activities. Outer space. Space policy. International Space Law. National Spac
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Yanchurkin O.V. (2010). The Notion of Offshore Zones,
Their Origin and Development. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57766
Abstract:
The article reveals the acute issues of the development and understanding of the existing forms of using the opportunities
of the offshore zones for legalization of criminal incomes. The author analyzes the reasons of the appearance and development of offshore zones and gives his own definition of the notion of «offshore zone».
Keywords:
offshore zone, state, banking operations, services, legalization, incomes, taxes, financial capital
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Demchuk D.S. (2010). Legal International Problems in the sphere of control over use of nuclear materials. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57767
Abstract:
In this article author describes several problems in international law in the sphere of control over use of nuclear materials, which grow from Nuclear Non–Proliferation Treaty and number of other international acts in this field. Also there are described activities of international organizations, such as IAEA, for non–admission of illegal turnover and use of nuclear materials.
Keywords:
illegal use of nuclear materials, illegal turnover of nuclear materials, nuclear non–proliferation
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Kotov O.V. (2010). Juvenile Justice — History and Current Issues. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57768
Abstract:
This article reviews history of juvenile justice, gives an analyze of 100–year practice of its application and draws a conclusion about undesirability of its establishment in Russian Federation.
Keywords:
Comparative law, juvenile justice, juvenile law, criminality of minors, minor criminal, young delinquent offenders, destabilization of family, withdrawal of children from family, private–family relationships, legal misdirection
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Budkhand Jargalkhand (2010). Characteristics of system of local governing in Mongolia. Journal of Foreign Legislation and Comparative Law, 5. https://en.nbpublish.com/library_read_article.php?id=57769
Abstract:
The article is devoted to individual characteristics of organization of institutions of local governing in Mongolia. The author describes system of institutions of local governing (churals), forms of their work and structure, besides a problem
of differentiation of jurisdiction of local governments of political subdivisions on different level is opened.
Keywords:
Institutions of local governing in Mongolia, churals, political subdivisions in Mongolia, a problem of representation of the people, jurisdiction of local governments, Zasag darga (prefect)
Eng
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