TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
T.Ya. Khabrieva (2011). Administrative Procedures and Administrative Barriers:
in Search of Optimum Model of Correlation. Journal of Foreign Legislation and Comparative Law, 2, 4–15. https://en.nbpublish.com/library_read_article.php?id=58587
Abstract:
The theoretical questions of administrative procedures and administrative barriers correlation in comparative
aspect, criteria of its differentiation, specifics of administrative regulations of state functions execution and state services
providing and necessity of complex way of legislative perfection in this sphere are analyzed in the present article.
Keywords:
state governance, principles of administrative law, administrative procedures, administrative barriers, administrative regulations.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
G. Marcou (2011). Administrative Procedures (Experience of Russia
and other European Countries). Journal of Foreign Legislation and Comparative Law, 2, 16–33. https://en.nbpublish.com/library_read_article.php?id=58588
Abstract:
This article examines different approaches to administrative procedures in various countries of continental
and common law, carries out their analysis, and provides a brief description of the state of russian legislation in this area.
The author pays particular attention to such issues as question of the legal sources of administrative procedures and the
scope of legal procedure application, as well as undertaking a thorough analysis of specific procedures concerning access
to administrative documents, and some other issues including mediation.
Keywords:
administrative law, administrative procedures, legal sources, access to administrative documents, mediation
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
A.V. Pavlushkin (2011). Constitutional Legal Status of Elected Authorities
in Foreign Countries. Journal of Foreign Legislation and Comparative Law, 2, 34–43. https://en.nbpublish.com/library_read_article.php?id=58589
Abstract:
The article is devoted to the problems of status regulation of elected authorities in foreign governments. The
items of functional organization of elected authorities directly in the state constitutions are researched. Also some aspects
are devoted to elected authorities formation procedure and the statuses of its members.
Keywords:
constitutional and legal status, elected officials, elected authority, formation procedure, member’s status.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
T.A. Kuliyev (2011). Guilt and Sanctions in a Civil Liability under
the Legislation of the Russian Federation
and the Azerbaijan Republic. Journal of Foreign Legislation and Comparative Law, 2, 44–53. https://en.nbpublish.com/library_read_article.php?id=58590
Abstract:
Such important element of civil responsibility as guilt and sanctions are analyzed in the present article. In modern
civilization the single meaning of notion and of quilt are not presented. So if Tarkov V.A. and Egorov N.D. determinate
the guilt in civil low as psychological attitude of offenders to diligence, but Sukhanov E.A., Guev A.N. and Allahverdiev
S. consider the guilt as not taking measures in fulfillment obligation.
In the second part of the article the author considers the peculiarities of sanctions.
Keywords:
comparative law, guilt, sanctions, civil liability, legislation
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
A.N. Levushkin (2011). Concept and Features of a Marriage
in the Modern Legislation of the CIS Countries. Journal of Foreign Legislation and Comparative Law, 2, 54–57. https://en.nbpublish.com/library_read_article.php?id=58591
Abstract:
The present article is devoted to the features of legal regulation of institute of marriage in the modern legislation
of the CIS countries.
Objectively ripened necessity of legal cooperation of the CIS countries, presence of marriages between their citizens,
similarities and distinctions in legal regulation of marriage relations of the specified states generates necessity of comparative
legal research.
In the family law of the CIS countries the question on the conditions necessary for a marriage, and the circumstances
interfering the introduction into marriage, dares uniformly.
Keywords:
Marriage, conclusion Marriage, Russia, CIS countries, Family law
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
E.R. Radevich (2011). Basic Models of the Corporate Governance Systems
and their Influence on the Formation of the Russian System
of Governance on the Corporative Communities. Journal of Foreign Legislation and Comparative Law, 2, 58–61. https://en.nbpublish.com/library_read_article.php?id=58592
Abstract:
This article examines the basic models of the systems of corporate governance in Great Britain, the United
States of America and Europe and their influence on the formation of the Russian system of governance of joint–stock
companies. From an analysis of foreign and domestic literature, it is found that the Russian system has developed as a hybrid, combining the specific features of the different models. It is concluded that basically the Russian system is closest
to the European model.
Keywords:
Anglo–Saxon model, Anglo–American model, British model, U.S.A. model, European model, system of governance of joint–stock companies, unitary board, two–tier board, systems of corporate governance
CONSTITUTIONAL ECONOMICS
Reference:
O.A. Akopyan (2011). Legal Regulation of the Financial Market
in the USA during Crisis Periods
of Development. Journal of Foreign Legislation and Comparative Law, 2, 62–68. https://en.nbpublish.com/library_read_article.php?id=58593
Abstract:
The Modern financial market of the USA represents powerful branch of economy which successfully carries
out mobilization of various temporarily free monetary resources and provides their direction in the investment according
to requirements of economy. Development of the financial market of the USA was defined during a greater part of XX
century, in particular after credit and financial reforms of 30 th years, mainly under action of two primary factors: first
of them is a development credit and financial institutions and the tools reflecting features of the American economy, the
second — development of the state financial–legal regulation, is consecutive and precisely regulating the order of operations
in the monetary market and the market of the capital. Formation and development of the uniform financial market
of the USA is accompanied by complex processes in system of institutes entering into it.
Keywords:
financial market, financial investments, industrial actives, the credit market, securities market, banks.
INFORMATION LAW
Reference:
L.K. Tereshchenko (2011). Special Legal Regimes of Information in Legislation
of the Russian Federation
and International Legal Acts. Journal of Foreign Legislation and Comparative Law, 2, 69–75. https://en.nbpublish.com/library_read_article.php?id=58594
Abstract:
The article devotes to analysis of legal basics of special legal regimes of information, stipulated in the international
legal acts and in the national legislation. The problems of balance of interests securing in view of special legal
regimes of information determination and problems, which appear in the process of legislation’s realization and limit the
access to the information are represented by the author.
Keywords:
revealed information, limitation of access to information, legal regimes of information, international acts, balance of interests.
INFORMATION LAW
Reference:
O.A. Shubina (2011). Theoretical and Legal Analysis of Categorical Apparatus
of Information Law of Russia. Journal of Foreign Legislation and Comparative Law, 2, 76–77. https://en.nbpublish.com/library_read_article.php?id=58595
Abstract:
In this paper, author carries out the historical and legal analysis of the categorical system of information law
in Russia and analyzes the term “information”. The relations between the concepts “right to information” and “informational
rights” are researched. Information is not considered as an object of law, as well as the legal construction is a
logical phenomenon, together with such legal constructs as property.
Keywords:
right to information, right of access to information, information, owner information
TOPICAL ISSUES OF INSURANCE
Reference:
I.V. Vyalkova (2011). Insurable Interest
in Indemnity Insurance Agreement. Journal of Foreign Legislation and Comparative Law, 2, 78–83. https://en.nbpublish.com/library_read_article.php?id=58596
Abstract:
The article describes the legal issue related to the requirement towards insurable interest in indemnity insurance
agreements in historical perspective. The requirements on insurable interest due to the law amendments have been
changed seriously. To date the indemnity principle that does not require an insurable interest on the date of the agreement
conclusion is applied towards the indemnity insurance agreement.
Keywords:
insurable interest, indemnity insurance agreement, insured property, liability insurance, indemnity principle.
LABOUR RELATIONS IN THE STATE SERVICE
Reference:
S.V. Petkov, N.A. Armash (2011). Peculiarities of Disciplinary Responsibility
of Civil Servants under the Laws of Ukraine. Journal of Foreign Legislation and Comparative Law, 2, 84–89. https://en.nbpublish.com/library_read_article.php?id=58597
Abstract:
This article focuses on the identification and characterization of the features of disciplinary liability of civil
servants under the laws of Ukraine. The author characterizes the individual types of public servants in bringing them
to disciplinary measures. The study substantiates the need for performance accountability as a special type of disciplinary
action.
Keywords:
civil servant, the disciplinary responsibility, service responsibility.
DISCUSSING A PROBLEM
Reference:
D.S. Demchuk (2011). Approaches to Evaluation of Effectiveness
of Regulatory Acts: Regulatory Impact
Assessment as an Alternative to the Project
«Doing Business». Journal of Foreign Legislation and Comparative Law, 2, 90–94. https://en.nbpublish.com/library_read_article.php?id=58598
Abstract:
The article regards different approaches to the assessment of regulations and existing methods of assessment,
in particular, the World Bank’s project "Doing Business” and regulatory impact assessments of the OECD examining
their advantages and disadvantages.
Keywords:
economic efficiency of law, Regulatory Impact Assessment, financial justification.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
N.M. Bevelikova (2011). Constitutional Basis of Judicial Power in China,
Korea and Japan. Journal of Foreign Legislation and Comparative Law, 2, 95–102. https://en.nbpublish.com/library_read_article.php?id=58599
Abstract:
Article is devoted to the analysis of the judiciary in China, Korea and Japan as a relatively independent authority.
The author examines the trend towards strengthening the role of the judiciary as the guardian of law during the
development of constitutionalism in these East Asian countries. The article highlighted the constitutional powers of the
higher courts considered states. The article defines the features of the constitutional–legal status of judges and principles
of justice in each considered State.
Keywords:
judicial system, the status of judges, the principles of justice, constitutional review, particular qualities.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
V.A.Seleznev (2011). Enforcement Proceedings in Foreign States:
Organizational and Legal Aspects. Journal of Foreign Legislation and Comparative Law, 2, 103–108. https://en.nbpublish.com/library_read_article.php?id=58600
Abstract:
There are specific traits of enforcement proceedings facilitation in Belarus, Kazakhstan, Armenia, Moldova,
Azerbaijan, Ukraine, Latvia, Lithuania and Estonia are considered in the article.
There is no doubt that at the end of efficiency of any model of enforcement proceedings is determined by the degree it is
able to protect recoverer’s rights, including right of judicial act performance in reasonable time, providing respect to
debtor’s rights, as well as to rights and legal interests of other persons in the process of enforcement.
Keywords:
enforcement proceedings system, bailiff, judicial act, foreign experience of enforcement proceedings, bailiffs’ powers, enforcement units, public legal functions, enforcement arrangement, private enforcement officer.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
B.I. Osminin (2011). Procedure of the Conclusion of Treaties
and Other International Agreements
by the United States of America. Journal of Foreign Legislation and Comparative Law, 2, 109–118. https://en.nbpublish.com/library_read_article.php?id=58601
Abstract:
The article is devoted to the domestic legal procedures governing the conclusion of treaties and other international
agreements by the United States. Entering into international obligations can be effected by two means: by conclusion
of treaties and of executive agreements.
In accordance with the Constitution treaties concluded by the United States require the approval of two–thirds of the senators
present. The Senate plays a major role in the treaty–making process requiring amendments, reservations, understandings,
declarations as a condition of their approval. The President is not obliged to ratify treaties, but enjoys discretion.
U.S. practice also provides certain alternative procedures. The Congress may delegate to the President the authority to
conclude executive agreement or such an agreement may be submitted to the Congress for approval (congressional–executive
agreements) or be concluded on the basis of an earlier treaty ratified with the advice and consent of the Senate
(agreements pursuant to treaties). The President can also conclude executive agreements without any participation of the
Congress by virtue of his own constitutional authorities (presidential or sole executive agreements).
Keywords:
The article is devoted to the domestic legal procedures governing the conclusion of treaties and oth, reservations, understandings, declarations as a condition of their approval. The President is not obliged to ratify treaties, but enjoys discretion. U.S. practice also provides certain alternative procedures. The Congress may
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
O.M. Torshina (2011). New Consular Charter and Consular Relations
of the Russian Federation Including the Problems
of Legal Regulation of the Institute
of Honorary Consuls. Journal of Foreign Legislation and Comparative Law, 2, 119–124. https://en.nbpublish.com/library_read_article.php?id=58602
Abstract:
The article is devoted to some key historical moments of development of consular service. Over the last years,
changes of the character and content of international relations have been invariably impacting consular relations between
states, correcting modern consular law and its principles. Russia has not only actively expanded consular relations
but also enlarged functions of consular posts, maintaining that consular posts could carry out diplomatic functions under
certain conditions. There is also a process of implementation of legal base of the russian consular service.
In some countries the consular service is obliged by their successes substantially to honorary consuls because they make
the overwhelming majority in that service. Considering the special importance of that institute now, it is necessary to provide
a maximum of possibilities for unobstructed realization of consular functions of the honorary consul and, thereupon,
to make some additions in international law and Russian legislation.
Keywords:
consular law; consular relations; consular post; consular privileges and immunities; consular servic
PAGES OF HISTORY OF STATE AND LAW
Reference:
T.O. Kuznetsova (2011). Japan’s Path of Democratic Development:
from the Meiji Constitution
to the Postwar Democratic Reforms. Journal of Foreign Legislation and Comparative Law, 2, 125–134. https://en.nbpublish.com/library_read_article.php?id=58603
Abstract:
The article focuses on the history of constitutional development of Japan during the period from the Meiji reforms
prior to the promulgation of the Constitution after the World War II.
Keywords:
law, legal science, emperor, constitution, election, diet, cabinet, law regulation, political parties.
Academic life
Reference:
I.M. Khuzhokova (2011). International Conference
‘Comparative Law in Eastern
and Central Europe’ — Significant Scientific Event. Journal of Foreign Legislation and Comparative Law, 2, 135–136. https://en.nbpublish.com/library_read_article.php?id=58604
Abstract:
Brief review of presentations of international conference ‘Comparative Law in Eastern and Central Europe’
17–18 March 2011 in Olsztyn, Poland.
Keywords:
comparative law, European law, Central and Eastern Europe, migration of law, unification of law, internationalization of law, European Union, transplantation of law, modern legal systems.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
S.V. Shcherbachov (2011). Role of Electoral Reforms in the Development
of the Ukrainian State. Journal of Foreign Legislation and Comparative Law, 2, 137–141. https://en.nbpublish.com/library_read_article.php?id=58605
Abstract:
The article describes the main aspects of the reform of the electoral legislation of Ukraine for example, elections to the Verkhovna
Rada of Ukraine (1993 and 2004.). Also addresses the problems associated with gaps in the legislation. The author provides a
brief analysis of the results of elections of deputies of Ukraine and their impact on the course of further reforms. The article addresses
the problems and the relationship between the reforms of the electoral system and the evolution of political parties in Ukraine.
Keywords:
Comparative law, suffrage, reform, Verkhovna Rada of Ukraine, political party, election, government, entry barriers, electoral system, parliament.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
P.S. Gvozdev (2011). Study of Reasons for the Choice of Voters
on the Example of the General Elections
in the Republic of Ireland. Journal of Foreign Legislation and Comparative Law, 2, 142–148. https://en.nbpublish.com/library_read_article.php?id=58606
Abstract:
The article deals with ways to study the causes of electoral choice, as an example of sociological survey data on the
results of general elections in the Republic of Ireland in 2002 and 2007. Discusses the importance of individual, family, society
and other factors in the application of the electoral system of proportional representation by single transferable vote.
Keywords:
electoral systems, general elections of the Republic of Ireland, research models of voter behavior, the party and the personality, proportional representation by single transferable vote.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
V.N. Borisov (2011). Sources of Legal Regulation
of the contract for the international carriage
of goods by road in Russia. Journal of Foreign Legislation and Comparative Law, 2, 149–154. https://en.nbpublish.com/library_read_article.php?id=58607
Abstract:
The article is devoted to the sources of regulation of the contract for the international carriage of goods by
road. The author analyzed the provisions of conventions and treaties as well as the law of the Russian Federation applicable
to the international carriage of goods by road. The conclusion is drawn that currently there exists a variety of
sources which govern different aspects of the contract for the international carriage of goods by road. While it is noted
that it is necessary to consider the possibility of accession by the Russian Federation to the other conventions in this field.
Keywords:
Contract for the international carriage of goods by road, Convention on the Contract for the International Carriage of Goods by Road (CMR), TIR Convention, private–law aspects of the international carriage of goods by road, public aspects of the international carriage of goods by road
RESEARCHES OF YOUNG SCIENTISTS
Reference:
M.A. Ledeneva (2011). Security of Obligations
in Russian and Foreign Law
(on Example of Penalty). Journal of Foreign Legislation and Comparative Law, 2, 155–158. https://en.nbpublish.com/library_read_article.php?id=58608
Abstract:
In article viewed a legal concept on regulation of relationship of civil law by example of institute of securing
obligations. The norms of Russian, English, German and French legislation concerning one of the most used security of
obligations — penalty are analysed.
Keywords:
securing obligations, penalty, foreign legislation.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
M.V. Egorova (2011). Combination of the Local Self–Government
and Local Government in France. Journal of Foreign Legislation and Comparative Law, 2, 159–165. https://en.nbpublish.com/library_read_article.php?id=58609
Abstract:
The given article is devoted to the local self– government and to the organs of administration in France. The
author considers the different conceptions of the local self–government. Legal status of overseas territories in France
within the last constitutional amendments is considered.
Keywords:
local government, legal status, overseas territories, self– government
RESEARCHES OF YOUNG SCIENTISTS
Reference:
D.V. Morozov (2011). Public Law and Conflict of Legislative Regulation
(Comparative Analysis of Legislation
on Private International Law). Journal of Foreign Legislation and Comparative Law, 2, 166–169. https://en.nbpublish.com/library_read_article.php?id=58610
Abstract:
The article analyzes the possibility of application of foreign Public law norms, domestic and foreign legislation
that regulates application of foreign imperative norms and the limits of foreign law application. The conclusion is that
application of foreign Public law norms is possible either as application of foreign strictly imperative norms or prohibition
to make reference to Public law nature of foreign norms although these approaches are not yet widely accepted.
Keywords:
private international law, conflict of legislative regulation, strictly imperative norms, public law, application of foreign law, foreign imperative rules.
Eng
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