CORRUPTION MANAGEMENT
Reference:
S.E. Naryshkin, T.Ya. Khabrieva (2011). Evaluation Mechanism of Anti-Corruption Standards
of GRECO (legal comparative research). Journal of Foreign Legislation and Comparative Law, 3, 4–10. https://en.nbpublish.com/library_read_article.php?id=58569
Abstract:
The evaluation mechanism of anti-corruption standards of GRECO is described in the scientific article.
The problematic legal issues of its recommendations implementing are revealed. The authors made an analysis of
some of the provisions of Russian legislation aimed at combating with corruption, and make suggestions for its
improvements.
Keywords:
anti-corruption standards, combating with corruption, GRECO, appraisal mechanism, recommendations, conventions, resolutions, legislation, legal doctrine, the crimes, administrative offenses, responsibility, control.
CORRUPTION MANAGEMENT
Reference:
I.G. Timoshenko (2011). Law in Struggle Against Corruption in Public Sphere:
Foreign States Experience. Journal of Foreign Legislation and Comparative Law, 3, 11–23. https://en.nbpublish.com/library_read_article.php?id=58570
Abstract:
The Article deals with analysis of basic ways of anti-corruption struggle mechanisms in foreign states.
The author examines legal anti-corruption measures in the field of regulation of such spheres as civil service,
members of parliament activities. Improvement of electoral legislation, control procedures, and other issues are
considered.
Keywords:
corruption, struggle, conflict of interest, civil service, parliament, control, legislation
BEFORE OF ELECTIONS
Reference:
V.E. Churov, B.S. Ebzeev (2011). Democracy and Electoral Process Governance:
National Model. Journal of Foreign Legislation and Comparative Law, 3, 24–35. https://en.nbpublish.com/library_read_article.php?id=58571
Abstract:
The constitutional order of the Russian Federation and the related problems of organization of the electoral
process are discussed in the present article. The legal status of the Central Election Commission is analyzed.
The authors explore contemporary approaches to the theory of separation of powers and analyze the constitutional
model of separation of powers of the Russian Federation. Issues related to political parties and the functioning of
the constitutional mechanism of democracy is also described. Questions of judicial protection of members of election
commissions’ rights are investigated.
Keywords:
constitutional order, the electoral process, democracy, nation, sovereignty, government, public authority, election, Central Election Commission, human rights, political parties, legislation, judicial protection.
BEFORE OF ELECTIONS
Reference:
M.A. Andrianova (2011). Legal Regulation of Mass Media Participation
in the Election Campaign in Modern Foreign Countries
(on example of USA and Germany). Journal of Foreign Legislation and Comparative Law, 3, 36–42. https://en.nbpublish.com/library_read_article.php?id=58572
Abstract:
This article examines the legal regulation of mass media participation in the electoral process. International
legal acts, as well as the constitutional acts of USA and Germany dedicated to the regulation of freedom of
the mass media, campaigning and informing in the election are analyzed. Special attention is paid to the allocation
of broadcasting time and publication between the participants of the campaign.
Keywords:
comparative law, elections, campaigning, information, USA, Germany, the media, candidates, parties, debates.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
A.N. Pilipenko (2011). Ombudsmen in France. Journal of Foreign Legislation and Comparative Law, 3, 43–49. https://en.nbpublish.com/library_read_article.php?id=58573
Abstract:
Appearanced in France, the Ombudsman is noteworthy, though, because such institutions in the European
(and other) states have been relatively long. Does this mean that by doing so it has overcome its «gap» in approving
the institution of ombudsman»? Obviously not. Since the early 70’s, France follows its original «dispersion» method
of protecting individual rights and freedoms, placing it on the various independent agencies.
Is the establishment of the Ombudsman deviation from this path, the effects of absorption of several human rights
bodies, the fate of independent administrative bodies — the questions of not speculative interest became the subject
of the proposed article.
Keywords:
constitution, constitutional reform, human rights defender, the method of appointment, powers, independent administrative body, the Defender of children, sanctions.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Ya.D. Zelmenis (2011). Institute of Prosecutors in the Republic of Latvia —
the Need for more Strict Supervision and Protection
of Individual Rights. Journal of Foreign Legislation and Comparative Law, 3, 50–60. https://en.nbpublish.com/library_read_article.php?id=58574
Abstract:
The author of the article describes the historical development of the institution of public prosecution in
Latvia and the model of the prosecutor’s activity in Latvia today. The actual decisions and resolutions of the Constitutional
Court of Latvia, the European Court of Human Rights and Court of Justice of the European Communities are
researched.
The author analyzes the problems associated with lack of supervision over the prosecutors’ activities and the inferior
enforcement of individual’s rights, and suggests possible solutions to these problems.
Keywords:
comparative law, prosecutors, Latvia, the protection of individual rights, role of the prosecutor’s office, historical development of the institute of prosecution, the prosecutor’s office status in Latvia, control mechanism of prosecution in Latvia, recommendations of the European Council
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
T.A. Batrova (2011). Status and Factors of Development
of Trading Legislation System
of the Foreign Countries. Journal of Foreign Legislation and Comparative Law, 3, 61–68. https://en.nbpublish.com/library_read_article.php?id=58575
Abstract:
The system of the trading legislation of foreign countries developed differently that has been caused
by an accessory to various legal systems, features of historical development of territory. Nowadays there are
new factors which define its development. The author presents their influence on the basis of the analysis of the
foreign legislation.
Keywords:
trade, commerce, system, legislation, unification, codes, regionalism, coordination
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
V.A. Bogonenko (2011). Legal Regulation of the Relations in the Sphere
of Real Estate (a Model of Sweden). Journal of Foreign Legislation and Comparative Law, 3, 69–74. https://en.nbpublish.com/library_read_article.php?id=58576
Abstract:
The article deals with Swedish legislation on real estate, planning of real estate, leases and registration of
rights on real estate and objects of real estate. Examples from the practice of registration authorities and real estate
agencies are given.
Keywords:
comparative law, real estate, property, registration, legal act, lease, mortgage, planning, code, land.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
O.V. Kresin (2011). The role of UNESCO and the International Committee
of Comparative Law / International Association
of Legal Sciences in the Development
of Comparative Jurisprudence. Journal of Foreign Legislation and Comparative Law, 3, 75–87. https://en.nbpublish.com/library_read_article.php?id=58577
Abstract:
Based on little-known documents of UNESCO and other materials the author reveals the back-story,
specialties of the establishment and activities of the International Committee of Comparative Law and its successor
— International Association of Legal Sciences. In this context, examined aspects of the international
recognition of comparative law / comparative jurisprudence as a science, its heuristic and axiological potential,
debates about its nature, its role in promoting international cooperation and in the system of legal education. The
author concludes that the creation of the ICCL — IALS, on the one hand, reflected changes in the vision by the
international community of role and place of legal sciences, on the other — had played significant role in shaping
the modern paradigm of comparative jurisprudence.
Keywords:
comparative jurisprudence, comparative law, international non-governmental organizations, international scientific organizations, value potential of science, law teaching, branch of legal science, scientific discipline, the institutionalization of science, a pluralistic mentality, peaceful coexistence, culture of peace.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Tapio Lappi-Seppala (2011). Control over the Number of Prisoners:
the Finnish Experience. Journal of Foreign Legislation and Comparative Law, 3, 88–107. https://en.nbpublish.com/library_read_article.php?id=58578
Abstract:
The author analyzes the criminal policy of Finland, stops at the problem of reducing the number of individuals
who are in custody. The article provides extensive statistical material. The article is of great interest to
readers.
Keywords:
comparative law, criminal law, Finland, detention, prisoners, crime.
ENVIRONMENTAL SECURITY
Reference:
E. A. Belokrylova (2011). Ensuring of Environmental Safety during
the Development and Application of Nanotechnology
in the Russian Federation and Foreign Countries. Journal of Foreign Legislation and Comparative Law, 3, 108–113. https://en.nbpublish.com/library_read_article.php?id=58579
Abstract:
The political and legal characteristics in the sphere of legal provision of ecological safety in the development
and application of nanotechnology in the Russian Federation and foreign countries are given. Significant legal issues
in this field are highlighted. Comparative legal analysis of relations in the field of environmental safety of nanotechnology
in foreign countries is presented.
Conclusions and proposals on the application of comparative legal mechanisms for the improvement of Russian legislation
in this field are formulateded in the present article.
Keywords:
comparative law, the legal environmental security, legal protection of the environment, nanotechnology, nanomaterials, state environmental policy, comparative legal method, nano-risks, the European Union, the conceptual foundations of security.
ENVIRONMENTAL SECURITY
Reference:
N.V. Kichigin (2011). International Legal Mechanisms
of Maintenance of Global Ecological Safety
on an Example of the Kyoto Protocol. Journal of Foreign Legislation and Comparative Law, 3, 114–120. https://en.nbpublish.com/library_read_article.php?id=58580
Abstract:
Threats of global ecological safety on an example of mechanisms of decrease in emissions of the hotbed
gases provided by the Kyoto protocol to the Frame convention of the United Nations about climate change
are considered in the present article. The policy of the Russian Federation on realization of the Kyoto protocol,
including is standard-legal maintenance of its requirements in the legislation of the Russian Federation is analyzed.
Keywords:
the Kyoto protocol, the Frame convention of the United Nations on climate change, global ecological safety, the carbon market.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
M.G. Smirnova (2011). Judicial Law-Making as a Form of State Activity:
Current Status. Journal of Foreign Legislation and Comparative Law, 3, 121–125. https://en.nbpublish.com/library_read_article.php?id=58581
Abstract:
The article deals with judicial legislation and the possibility of recognizing the lawmaking functions
of the court. Judicial legislation is caused by the need to fill the gaps in the law, clear collisions, specify vague
provisions. The author comes to the conclusion that judicial legislation is objectively necessary and effective.
Keywords:
judicial legislation, lawmaking functions, court, vague provisions, collisions
Academic life
Reference:
I.V. Plugina, E.E. Rafaluk, S.A. Perchatkina (2011). State in a Changing World: the Review
of the VI International School
of Young Scientists-Lawyers. Journal of Foreign Legislation and Comparative Law, 3, 126–143. https://en.nbpublish.com/library_read_article.php?id=58582
Abstract:
The institute of the legislation and comparative law under the Government of the Russian has held the VI International
school of young scientists-lawyers «State in a changing world» on May, 26-28th 2011.The review of School
events and also the basic ideas stated by its participants are presented in the article.
Keywords:
state, globalization, efficiency of public administration, fighting corruption, state functions, the social function of the state, economic state function, the improvement of the state mechanism.
Academic life
Reference:
(2011). The Vocation- Scientist
(to the anniversary of Professor Yu.A. Tikhomirov). Journal of Foreign Legislation and Comparative Law, 3, 144–153. https://en.nbpublish.com/library_read_article.php?id=58583
Abstract:
The article provides a brief biographical essay and an overview of key publications and scientific
achievements of Honored scientist of the Russian Federation, doctor of law, professor, corresponding member
of the International Academy of Comparative Law, Yu.A.Tikhomirov, who has celebrated his 80 anniversary in
July 2011.
Keywords:
jurisprudence, comparative law, scientific advances, scientific research, the principles of legal regulation, legal culture, legal framework for management, competence, administrative law.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Z.A. Sekinaeva (2011). Features of Judicial Representation
of Foreigners. Journal of Foreign Legislation and Comparative Law, 3, 154–162. https://en.nbpublish.com/library_read_article.php?id=58584
Abstract:
Questions of features of judicial representation of foreigners in the Russian Federation discuss in the
article, concerning definitions of the circle of persons, who are able to be representatives of foreigners in civil
and arbitration process, rules of registration and acknowledgement of powers on business conducting. The article
contains the comparative analysis of various forms of representation, mentions features of activity of foreign lawyers
in the Russian Federation, concerns the practical questions connected with functioning of this or that form of
representation.
Keywords:
representation, the lawyer, the consul, powers, court, an apostille, the power of attorney, the state.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Ye.V. Pantin (2011). Establishment and Development
of Legal Mechanisms to Ensure Proper Use
of Agricultural Land in a Foreign Law. Journal of Foreign Legislation and Comparative Law, 3, 163–172. https://en.nbpublish.com/library_read_article.php?id=58585
Abstract:
With the rapid growth in food prices, the issue of preserving agricultural land acquires international
importance. However, a universal mechanism for protection of the arable land has not yet been worked out. In
this paper, the author analyzes the historical background and the contemporary state of the legal mechanisms
for protection of agricultural lands in the US, Canada, China and the EU. The author points out the necessity of
reasonable combination of economic and administrative measures of legal regulation.
Keywords:
agricultural lands, preservation of agricultural land, foreign experience, the legal mechanism for conservation of arable land, the American zoning experience.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
E.K. Kontievskaya (2011). Representations and Warranties
in Cross-Border Share Purchase Agreements (SPA):
Comparative Legal Analyses. Journal of Foreign Legislation and Comparative Law, 3, 173–178. https://en.nbpublish.com/library_read_article.php?id=58586
Abstract:
The article outlines the actual problems of giving representations and warranties under English, Russian
and German law. The author reveals the issue of legal effect of representations and warranties incorporated into share
purchase agreement (SPA) governed by Russian law as well as possible ways of protecting the purchaser from damages
caused by misrepresentation of company’s assets. The article presents a refined analysis of Russian and foreign
court practice related to representations and warranties.
Keywords:
comparative law, M&A transactions, concept of representations and warranties under English law, legal effect of representations and warranties under Russian law, recognition of the share purchase agreement(SPA) as null and void, misrepresentation, damages, “quality” of shares, liquidity and investment attraction of shares, implementation of representations and warranties in Russian and German legal system, limitation of w arranties.
Eng
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