GENERAL THEORETICAL LEGAL PROBLEMS
Reference:
Arnaud Raynouard, Anne–Julie Kerhuel (2010). Measuring the Law: Legal Certainty as a Watermark. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58206
Abstract:
The article discusses the various approaches and criteria to assess the mutual influence of law and economics. In particular, the approach of the project «Doing Business», and a number of U.S. researchers, whose main thesis is to establish the connection between the effectiveness of legal norms belonging to a particular legal system, is critisized. The authors argue that such interaction is more complex and complicated and deserves more attention from the legal community.
Keywords:
assessment of law, economic efficiency, legal certainty
GENERAL THEORETICAL LEGAL PROBLEMS
Reference:
I.M. Khuzhokova (2010). About the Legal Citation. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58207
Abstract:
Comparative research of the status of legal doctrine in law of the countries of Anglo–Saxon and Roman–Germany legal systems became the bottom of conclusion about normative character of legal doctrine and breaking of citation ban in modern law.
Keywords:
comparative law, legal systems, Roman–Germany and Anglo–Saxon legal system, Roman law, legal doctrine, ban of citation, drafting, borrowing of law, theory of law, public law, constitutional law, American law, living law.
GENERAL THEORETICAL LEGAL PROBLEMS
Reference:
T.V. Chernyshova (2010). Conciliation in the Law: Historical Experience. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58208
Abstract:
Some problems of historical aspects of the legal conciliation are considered in the present article. The author notes that conciliation is one of the most ancient means of resolving conflicts. Here in conciliation should be seen as a complex institution and an integral component of religion, morality and law.
Keywords:
conciliation, history of law, complex institution, court of arbitration, justice of the peace.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
I. Kitamura (2010). Place of Law in the Modern Japanese Society. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58209
Abstract:
The author considers the position of law in modern Japan, compares his role with the roles of morality and relig
ion, and draws parallels with the regulatory functions of law in other countries, like France. Particular attention is paid to administration, as well as the application of the law in making judicial decisions, the freedom of judicial discretion.
Keywords:
morality, religion, administrative law, litigation
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
V.I. Lafitsky (2010). Hindu Tradition of Law. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58210
Abstract:
The author analyzes sacred texts of Hindu law and traces their impact on the Constitution and modern legislative acts of India.
Keywords:
India, hindu law, the veda, upanishads, legal tradition, Constitution, legislation.
CONSTITUTIONAL DEVELOPMENT
Reference:
A.N. Chertkov (2010). State Sovereignty of Russia: Features of State, Basis
of Democracy and Guarantee of Territorial Integrity. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58211
Abstract:
Actual legal problems of the state sovereignty of the Russian Federation are considered in the article and ways of problems solving are offered as well. The basic tendencies of regulation in this sphere and three aspects of the state sovereignty of the Russian Federation are revealed.
Keywords:
law, sovereignty, territorial, development, integrity, state, legislation, regulation, democracy.
CONSTITUTIONAL DEVELOPMENT
Reference:
N.V Varlamova (2010). Constitutional Status of a Person: Contemporary Tendencies
and Models of Regulation. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58212
Abstract:
The author analyses the evolution of the constitutional regulation of human rights and freedoms and describes the basic features of the constitutional status of a person in Western, Islamic, socialist and African countries.
Keywords:
human rights and freedoms; constitution; constitutional status of a person; comparative law.
CONSTITUTIONAL DEVELOPMENT
Reference:
E.V. Kudryashova (2010). Problems of Checks and Balances System in the
State Financial Planning: Foreign Practice. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58213
Abstract:
The article is devoted to the problem of the executive and representative powers role in the field of financial planning.
The author draws attention to the “technocratic trend” which means the dominance of executive power in the public financial planning. Experience of balancing the trend from the practice of some states can be found in the article.
Keywords:
planning, financial law, budget, checks and balances.
CONSTITUTIONAL DEVELOPMENT
Reference:
S.A. Sheynfeld (2010). Constitutional–Legal Basis
of the German Mining Law. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58214
Abstract:
The present article deals with the constitutional and legal frameworks for mining rights in Germany. The relevance of this study due to the presence of a stable system of mining rights in Germany, as well as the presence of the need for improvement
of Russian legislation on mineral resources, including the experience of foreign countries with a federal form of The present article deals with the constitutional and legal frameworks for mining rights in Germany. The relevance of this study due to the presence of a stable system of mining rights in Germany, as well as the presence of the need for improvement
of Russian legislation on mineral resources, including the experience of foreign countries with a federal form of government. The article analyzes the constitutional and legal principles of property rights in relation to mineral resources like natural resources, the provisions of the Basic Law of Germany on the division of powers between the federation and federal states, constitutional and legal framework for the protection of the environment for the use of mineral resources, as well as provisions of applicable international law to legal regulation of relations in the field of subsoil use in Germany.
Keywords:
comparative Law, Germany, mineral resources, property, federation, land, power, provision, protection, international
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
S.F. Litvinova (2010). Genesis of Chinese International Private Law. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58215
Abstract:
Peculiarities of the genesis of Chinese international private law are researched in this article. During the research
such special features as Chinese mentality, the social and political development of the PRC, Chinese legislative technique are taking into consideration. These features are reflected in those provisions of the Constitution of China that first of all are important for the development of the branch of law that is being researched. Peculiarities of the international law genesis are also researched through the lenses of some legislative technique features that are peculiar only to China. In the article stages of evolution of private international law and their peculiarities are defined (from the origin of the international
private law science to the promulgation of the Law that is named as “the Application of Law for Foreign–related Civil Relations of the People’s Republic of China” and was adopted on 28th of October 2010).
Keywords:
comparative law, private international law of China, the legal culture of China, the rules of the Supreme People’s Court of PRC, law in civil relations with a foreign element, China’s science, genesis, Constitution of the PRC legislative technique.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
K.A. Pisenko (2010). About the Legislative Problems of Anti– Monopolistic
Activities Connected with the Objects of Exclusive Rights. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58216
Abstract:
The necessity of development of the russian antimonopoly law along with the existing mechanisms of counteraction
for an unfair competition, special mechanisms of protection of a competition, the rights and legitimate interests of the third parties from monopolistically abusings of intellectual property and individualization means owners are investigated in the article. Practically the article is aimed to work out actual problems of protection of the rights of citizens and organizations
against monopoly of exclusive rights of owners, enerated by underdevelopment and impracticality of russian antimonopoly legal tools for these purposes.
Keywords:
exclusive rights, antimonopoly law, foreign experience, competition restriction, monopolistic activity of intellectual property owners, competition restriction in sphere of exclusive rights realization; dominant position abusing, antimonopoly legislation perfection problems.
LAW AND ECONOMICS
Reference:
Yu.I. Monastyrskaya (2010). Practical Application of Control Criteria
in the Investment Legislation
of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58217
Abstract:
Actual questions, concerning the using of control criteria in defining of legal body nationality are analyzed in the article. The author examined values and downsides of using of the criteria in the modern Russian investment legislation and conclude about practicability of using of the criteria in defining of legal status of foreign investor. Author ives proposals
of improvement of legal norms in order of effectively use of the control criteria.
Keywords:
the control criteria, nationality of legal body, access of foreign investments, legal status of foreign investor.
LAW AND ECONOMICS
Reference:
V.N. Lisitsa (2010). Types of Special (Free) Economic Zones:
Comparative Legal Analysis. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58218
Abstract:
The types of special (free) economic zones, which exist nowadays in the Russian Federation and abroad are considered in the article. The criteria of its classification are defined by the author. The author also analyzes the legal possibility
of establishment of similar zones at the level of regions (subjects of the Russian Federation.
Keywords:
special economic zone, free economic zone, offshore zone, investment
LAW AND ECONOMICS
Reference:
A.V. Minbaleev (2010). Analysis of Hidden Advertising Legal Regulation
in Denmark. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58219
Abstract:
The article examines the current legal regulation of hidden advertising in Denmark. The conclusion about the possible
use of broad approach to understanding the hidden advertising by Russian legal practitioners is made by the author.
Keywords:
comparative law, hidden advertising, marketing activity, Denmark, Ombudsman for the protection of consumer rights.
LEGAL LIFE
Reference:
I.G. Timoshenko (2010). Visit Review of the Institute of Legislation and Comparative Law under the Government of the Russian Federation Representatives to Germany. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58220
Abstract:
This review describes the main stages of the working visit(December 2010) of the Institute of Legislation and Comparative Law under the Government of the Russian Federation and the Supreme Court of the Russian Federation to Germany to research the legislative activities of the Federal Government and State Governments, as well as the organization
of the system of administrative courts in Germany.
Keywords:
Collaboration, legislative activities, the federal government, Germany, Administrative Court, land.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
O.I. Semykina (2010). «Plea Bargaining» in the Criminal Procedure
of USA and Russia: Comparative Legal Analysis. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58221
Abstract:
The article analyzes the institute of pretrial agreement on cooperation in the criminal law and criminal procedure due regard for the USA standards of criminal procedure in «plea bargaining».
Keywords:
"plea bargaining", institute of pretrial agreement on cooperation, criminal law, criminal procedure, simplifying of criminal procedure, prosecuting attorney, defendant, defendant’s attorney, court.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
M.D. Dzagurova (2010). Extraordinary Means of Appeal
in the System of Means of Appeal Existing
in the Area of French Civil Jurisdiction:
Legislation and Theory. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58222
Abstract:
The present article is dedicated to the analysis of the most discussed science theories of the means of appeal, which are existing in the French civil procedure law. The analysis of the civil procedure theory and the articles of the acting Code of civil procedure of 1975 permit to reveal the complicated character of the whole system of means of appeal and the vulnerability of the rule of law classification, disting uishing the ordinary and extraordinary means and specially indicating the place and the purpose of the last ones.
Keywords:
French civil procedural law, ordinary means of appeal, extraordinary means of appeal, theories of classification the means of appeal, scientific problems of classification, problems of jurisprudence.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
M.M. Dorfman (2010). System of Offences Causing Death
in Criminal Law of Israel. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58223
Abstract:
This article deals with system of offences causing death in Criminal Law of Israel. The analysis focuses on specific
sections of criminal legislation of Israel that establish responsibility for offences causing death. Special attention will be given to mental element of such offences. The author also deals with problems arising from the qualification of offences causing death, and presents some critical conclusions about system of such offences in Israel.
Keywords:
Jurisprudence, homicide, punishment, Israel, qualification, criminal, intention, negligence, euthanasia, genocide.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
L.A. Taltseva (2010). To the Question of the International Character
of an Air Carriage Contract Definition. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58224
Abstract:
Article is devoted to conditions which define the international character of the contract of air carriage and to displays
of ‘a foreign element’ in actual structure of the specified relations. Author gives special consideration to the analysis of the scientific literature and judiciary practice of foreign countries. Article is of interest for practicing lawyers, science officers, students, who interested in Air Law.
Keywords:
international carriage of persons, air law, Warsaw Convention 1929, Montreal Convention 1999, foreign element, place of departure, place of destination, agreed stopping place, single operation.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
I.I. Khuzin (2010). Principle of Equal Relationship to the Members
of Commercial Organization in German Civil Law. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58225
Abstract:
Principle of equal relationship demands that to the member of commercial organization by equal conditions should be the same relationship as to the others members of this organization. This principle defines the border to the power of majority in organization in order to prevent the violation of equality in rights of minority of members.
Keywords:
equality, organization, rights, Germany, minority, shareholder, liability, law, member
RESEARCHES OF YOUNG SCIENTISTS
Reference:
D.V. Soloviev (2010). Activities of the Executive Power as a Matter
of Parliamentary Control in the Republic of Poland. Journal of Foreign Legislation and Comparative Law, 6. https://en.nbpublish.com/library_read_article.php?id=58226
Abstract:
The article reviews the activities of the executive power as a matter of parliamentary control in the Republic of Poland. The author discusses the issues of the Sejm’s control competence over the activities of the executive power by reference to the provisions of the current legislation, decisions of the Constitutional Tribunal and the modern doctrine. It is concluded that the activities of the Council of Ministers is the object of the Sejm’s control, and activities of the President
of the Republic of Poland in the light of recent decisions of the Constitutional Tribunal lies outside parliamentary control.
Keywords:
comparative law, parliamentary law, the system of government of the Republic of Poland, parliamentary control, control of the Sejm, control over the executive power
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