RESEARCHES OF YOUNG SCIENTISTS
Reference:
D.V. Mazaev (2011). Bases of Civil Law Protection
of an Exclusive Right. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58174
Abstract:
The article is devoted search of the basis, a subject, and also forms of protection of violated or disputed
exclusive right which is an absolute property right of the owner of a trade mark. The main objective of this article — to
find corresponding definition of civil law protection of an exclusive right to a trade mark. Besides, it is necessary to
designate the moment of occurrence of the right to protection for that understanding when it can be realized and in what
forms.
Keywords:
civil law protection; right to protection; subjective civil rights; exclusive right; trademark; deli
ISSUES OF THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
V.V. Lapaeva (2011). Russian Philosophy of Law in Comparison with Western
Philosophical and Legal Tradition. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58175
Abstract:
The article deals with analysis of specifics of development of the Russian philosophy of law in comparison
with the Western philosophical and legal tradition. Sources and nature of these the author finds in effect of Byzantine
orthodoxy, causing system–centrist approach to understanding of law as dominant form of spiritual unity of people to
individual. The Western philosophy of law uses human–centrist approach, which treats law as form of individual freedom
of human being in social life. Attention is paid to attempts of domestic philosophy of law to synthesize these different
traditions, having significance for realization of cultural identity by Russia.
Keywords:
Russian philosophy of law, system–centrist approach to understanding of law, human rights, human–centrist approach to understanding of law, synthesis of law traditions
ISSUES OF THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
A.V. Kresin (2011). Criteria in the Comparative Law Genesis Sphere. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58176
Abstract:
Using vast doctrinal material, the author studies formation and utilization of the methodology of comparative
law in the historical aspect as well as origination of comparative law theory on it’s basis. The author allocates and
describes a number of criteria of comparative law development.
Keywords:
comparative law, theory of law, doctrine, criteria, methodology.
ISSUES OF THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Yu.A. Klochkova (2011). New European Legal Procedure as a Result of Interaction
between National Legal Systems. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58177
Abstract:
Creation of united political union is impossible without economic integration which in its turn requires legal
formalization. Legal rapprochement is understood as elimination of differences in national regulation by agreements
between the states–members, on the basis of such agreements the uniform conditions of use of various resources in all the
states–members are being established. The measures of legal rapprochement are important both for development of the
European integration and are an important factor of improvement of national legal systems.
Keywords:
law of the European Union; state — members of the European Union; european law; convergence of legis
EFFICIENCY OF GOVERNANCE
Reference:
G. Marcou (2011). Administrative Acts of Russia
and Other European Countries. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58178
Abstract:
The present articles deals with the administrative acts of Russia and other European countries. The concepts of
«administrative act», «unilateral administrative act», «regulatory act», «nonregulaory act», etc are disclosed.
Keywords:
comparative law, administrative law, administrative act, unilateral administrative act, regulatory act, nonregulatory act, concept of dualism, decree, doctrine, Constitution.
EFFICIENCY OF GOVERNANCE
Reference:
A.N. Pilipenko (2011). Administrative–Territorial Reforms in France. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58179
Abstract:
The article analyzes the administrative–territorial reforms carried out in France since the early 80’s of last
century to the present. Complex and ambiguous processes of decentralization and deconcentration of power in their
territorial refraction, present and future of the region make more time to think about the vector of development of the
modern state in this its most important component, as the territorial organization of the country. The French experience
in this part of the last decade provides ample food for this kind of thinking. In this context, it seems, the article will be of
interest not only to specialists in the field of management.
Keywords:
constitution, administrative–territorial entities, territorial collectives, reform, the commune, department, region, decentralization, deconcentration, regionalization, deconcentrated services, the prefect, metropolitan, urban communities, communities of agglomerations community of communes, the new municipality, the mayor, authorized the Mayor.
EFFICIENCY OF GOVERNANCE
Reference:
O.N. Sherstoboev (2011). Administrative and Legal Problems of Self–Regulation. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58180
Abstract:
This article is about current problems of administrative law. The administrative reform taking place in Russia,
assumes the reduction of the government intervention in the economy, which manifests itself in self–regulation. For
Russia, foreign experience of self–regulation is relevant, including the U.S., Britain and Germany.
Keywords:
administrative law, regulation, self–regulation, the executive, supervision.
LAW AND ECONOMICS
Reference:
N.G. Doronina (2011). Acute Problems of the Investment Legislation. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58181
Abstract:
The Article is devoted to the problems of investment regulation in Russian Federation. They are resolved in
order to attract private investors to Russian capital market. The success of economic policy depends on the contents
of investment regulation, namely: on how the rules of International Law are implemented into national legal system,
on what instruments of civil legislation (contracts) investor may choose to reach his target. If the range of civil tools is
broad enough that means that an investor has a good atmosphere to operate in accordance with the Law. The notion
of «investment project» is a new technique in this field. It includes contractual and corporate forms of investments/ The
aim to attract investments into Russian market cannot be achieved successfully without giving investor the possibility of
access to ICSID Convention. The expectation of its ratification by Russian Federation is to long and this becomes another
problem to be resolved.
Keywords:
investments, foreign direct investments, contractual forms of investments, investment disputes
INFORMATION SECURITY
Reference:
L.K. Tereshchenko (2011). Freedom of Information and E–Piracy. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58182
Abstract:
The article covers some issues concerning freedom of information in the Internet and the requirement of respect
for the rights of copyright owners. The author concentrates on the foreign experience in legal regulation of these relations,
the solutions proposed by Russian legal experts and court practice in the field of copyright protection.
Keywords:
freedom of information, access to information, Internet, copyright
DISCUSSING A PROBLEM
Reference:
O.O. Salagay (2011). Human Organs and Tissue Transplantation
in the International and Comparative Legal Aspects. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58183
Abstract:
This article is focused on characterization of international legal regulation of human organ and tissue
transplantation and also on common approaches to resolution of several topic questions of transplantation on the
national legislative level. In virtue of the analysis performed author made several proposals both for amelioration of
national legislation of the Russian Federation and corresponding international agreement preparation.
Keywords:
international law, comparative law, transplantation, public health, tissues, organs, death, donation, consent, biomedicine.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
A.G. Zaytseva (2011). Cost and Fee Allocation in Civil Procedur. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58184
Abstract:
This article is based on a report for the XVIIIth International Congress on Comparative Law, which took
place in Washington, D.C., in July of 2010. The article provides a study of the principles and rules governing costs and
fees in civil litigation in Russia. It also offers a look at the basic approaches towards cost and fee allocation in other
countries. The primary goal of this analysis is to indicate common problems of cost and fee allocation with respect to the
fundamental principle of access to justice and suggest some solutions.
Keywords:
Civil Procedure, Attorney’s Fees, Court Costs, Costs of Evidence Taking, Self–Representation, Cost and Fee Allocation, Legal Aid, Success–Oriented Fees, Legal Representation, Encouragement and Discouragement of Litigation, Court Costs and Access to Justice.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
I.V. Rekhtina (2011). Separate Aspects of Revision of the Judicial Decisions Which
Have Entered Validity in the Civil Procedure Legislation
of Russia and European Sates. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58185
Abstract:
In article on the basis of the comparative analysis features of revision of the judicial decisions which have
entered validity in the legislation of Russia and other European states are investigated. It is offered to borrow some
foreign mechanisms and procedures.
Keywords:
civil procedure; comparative jurisprudence; judicial decisions; system of revision of judicial decis
PAGES OF HISTORY OF STATE AND LAW
Reference:
G.N. Andreeva (2011). From the History of Constitutional Regulation
of Finance in Foreign Countries. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58186
Abstract:
This article reviews constitutional regulation of the financial relations in foreign countries. Paying substantial
attention to the historical aspect, the author investigates such important problems like principles of state budget’s
incomes and charges formation, constitutional financial control, monetary emission, constitutional foundations of
banking.
Keywords:
history of law, comparative law, constitutional law, finances, budget, state debt, monetary emission, control, banking.
PAGES OF HISTORY OF STATE AND LAW
Reference:
A.A. Lupu, I.Yu. Oskina (2011). Occurrence and Pledge Development as Civil Law Institute. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58187
Abstract:
From the analysis of historical development of pledge, it is visible that its active development is objectively
connected with occurrence of a private property and smashing of large ground possession to small sites, that is pledge,
has arisen as alternative of a private responsibility of the debtor.
Keywords:
Pledge, development history, civil law institute, private property, the ground areas, responsibility of the debtor, civil–law transactions
PAGES OF HISTORY OF STATE AND LAW
Reference:
Yu.M. Golovko (2011). About the Origins of the Doctrine of Equality
in the John Adams’ Revolutionary Projects. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58188
Abstract:
The North American state legal doctrine stems from the War of Independence, the task of the Founding
Fathers was to devise political machinery that would enable the divergent aims of the colonies to be reconciled. The
constitutionalism became the most important stumbling block between the mother country — the centre of the empire —
and the colonies. The American Revolution had two main claims, the first one was creation of the autonomous states and
the next one was the adoption of their written constitutions. The outstanding lawyer, the practicing jurist John Adams
was among the most active Founding Fathers and two his law’s drafts were taken as a model for the constitutions of some
American states.
Keywords:
J. Adams, constitutionalism, constitution, project, act, popular, sovereignty, democratic liberties, form, government, republic.
Academic life
Reference:
A.V. Kresin (2011). Review of the International Round–Table Conference
«Experience and Problems of Comparative Law Teaching
in the Post–Soviet Countries». Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58189
Abstract:
This review reports on the activities of International circular table workshop «Experience and problems
of teaching comparative law in post–soviet countries» recently held in Kiev. The following issues are considered: the
workshop’s agenda, speeches of the participants, discussions conducted and results of the event.
Keywords:
comparative law, education, teachingb academic subject, speciality, post–soviet countries.
Academic life
Reference:
N.B. Shlykova (2011). Review of the Round–Table Conference
«Public Legal Entities in the Doctrine and Practice
of Russia and Foreign Countries». Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58190
Abstract:
Review reflects the main positions of Russian scientists on problem of possibility of public legal entities
existence. Necessity of its establishment in modern science and contemporary legislation is highlighted in the
review.
Keywords:
Legal entity, public law, agency, Civil Code of the Russian Federation Russian Academy of Sciences, Central Bank of the Russian Federation.
Reviews
Reference:
V.Ye.Chirkin (2011). New English Books on Constitutional
and Administrative law. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58191
Abstract:
The author of the present review thoroughly analyses the two volumes of British authors. The author of the
review gives due regard to the questions discussed in the books as well as to the similarities and differences in the two
volumes. The theories that are developed by the authors of the books and the vast practical basis under the theories are
also reflected in the review.
Keywords:
constitutional law, administrative law, court disputes, Great Britain, bodies of state power.
Reviews
Reference:
Ch.Osakve (2011). New Approaches to Comparative Law. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58192
Abstract:
In the present review the author deeply analyses the first volume of Vladimir Lafitsky’s book «Comparative law
in the images of law».
Keywords:
comparative law, typology, systems of law, philosophy of law.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
F.A. Leschenkov (2011). Legal Comparative Aspects of Delegation
of Powers in Russia and Other Federal States. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58193
Abstract:
In this article the author examines the delegation of powers as an instrument of solution of conflicts
between federation and its subjects. Experience of Russian Federation and other modern federations in this
sphere is also examined. Additional attention is drawn to issues of mechanism of delegation of powers in federal
countries.
Keywords:
Comparative law, Delegation, Powers, Federalism, Federation, Transmission, Subjects, Centralization, Separation, Mechanism.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
T.V. Rogozhkina (2011). Some Legal Features of Licensing
and State Control Over Preservation of the Environment
in the Republic of Belarus. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58194
Abstract:
In the present article features of licensing in the field of preservation of the environment are analyzed in
comparison with licensing in other areas, expressing, in particular, in value for realization of the constitutional norms
carrying an ecological load, in an orientation of licensing in the field of preservation of the environment on maintenance of
ecological safety. The conclusion that these features predetermine the necessary contents of legal regulation of licensing
as functions of ecological management is offered.
Keywords:
Comparative jurisprudence, licensing, preservation of the environment, the state ecological management, ecological safety, the state control over preservation of the environment, the constitution, ecological rights of the citizens, the special sanction (license), the license control.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
D.Ya. Primakov (2011). «Law of the State is the Law» Jewish legal Principle
in Comparative Context. Journal of Foreign Legislation and Comparative Law, 1. https://en.nbpublish.com/library_read_article.php?id=58195
Abstract:
The principle of “State law is the law” outlined the boundaries of a Jewish homeland and gave the opportunity
for a flexible enforcement, which was so necessary during intercourse with non–Jews.
Keywords:
A comparative study, Jewish legal principle, internal and external enforcement
Eng
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