ON THE 20-TH ANNIVERSARY OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
Reference:
(2011). 20 Years to the Constitutional Court
of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 4, 4–5. https://en.nbpublish.com/library_read_article.php?id=58791
ON THE 20-TH ANNIVERSARY OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
Reference:
Bondar N.S. (2011). Constitutional Justice and Development of Constitutional Jurisprudence in Russia: Theory and
Practice. Journal of Foreign Legislation and Comparative Law, 4, 6–15. https://en.nbpublish.com/library_read_article.php?id=58792
Abstract:
On the basis of the author’s understanding of constitutional justice, personifying a unity of state–authoritative
and doctrinal–researching activity in the article there analyzed the new tendencies of constitutional jurisprudence
development, revealed the role of the Constitutional Court of the Russian federation in the expansion of the system of
constitutional law sources and the subject of constitutional–legal regulation. Simultaneously on the basis of analysis of
constitutional justice practice there substantiated the establishment of constitutional–world outlook pluralism within the
limits of the general tendencies of the constitutional jurisprudence development, strengthening of interaction of the public
and private beginnings in the system of constitutionalism, development of constitutional law as a branch of public–private
law, increase of its role in the modern conditions of legal globalization.
Keywords:
sonstitutionalism, constitutional justice, constitutional law, constitutional jurisprudence, power and freedom, human rights, sources of law, public and private law, pluralism, legal globalization
CORRUPTION MANAGEMENT
Reference:
Khabrieva T.Y. (2011). Legal Problems of Implementation of International Anti–Corruption Conventions. Journal of Foreign Legislation and Comparative Law, 4, 16–27. https://en.nbpublish.com/library_read_article.php?id=58793
Abstract:
The present article examines the legal problems of implementation of international anti–corruption conventions,
assesses the concept of corruption used in international instruments and current trends affecting its content.
Doctrinal definition of corruption is proposed. Particular attention is paid to the analysis of common principles of
countering corruption in legal public and private spheres, general and specific mechanisms of the implementation of the
international conventions aimed at struggling against corruption. Problematic aspects of the implementation of certain
provisions of the UN Convention against Corruption are considered.
Keywords:
corruption, a convention, implementation, anti–corruption instruments, the UN, Council of Europe, OECD, GRECO, code of ethics
CORRUPTION MANAGEMENT
Reference:
Semilyutina N.G. (2011). Enterprisers’ Organizations Against Corruption. Journal of Foreign Legislation and Comparative Law, 4, 28–42. https://en.nbpublish.com/library_read_article.php?id=58794
Abstract:
In general business community is interested in fighting against corruption as corruption impedes market competition.
The article analyses forms of the enterprisers’ organizations and their activities which contribute to the transparent
doing–business conditions and fair for the business community.
Keywords:
anti–corruption activities, enterprisers’ organizations, chambers of commerce, self–regulatory organizations (SROs), commercial arbitration, standards of operations, transparency of doing business
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Ebzeev B.S. (2011). Case of Republican party of Russia v. Russia of European Court of human rights or lost illusions. Journal of Foreign Legislation and Comparative Law, 4, 43–54. https://en.nbpublish.com/library_read_article.php?id=58795
Abstract:
In this article, author considered recent judgment of the European Court of human rights. The author criticizes
this judgment because fixation of the standards of human rights in the Convention and participation of the Russian Federation
in it do not exclude considerable discretion of member state. The weakening of sovereign rights with inevitability
leads to weakening of responsibility of public power. Legal expression of sovereignty of the Russian Federation is the
prevailing of Constitution and federal laws on the whole territory of the Russian Federation. The author grounds the
supremacy of the Constitution towards international treaties. The author says about the necessity for the Constitutional
Court to give an opinion as to decisions of international judiciary if there are grounds to consider that their execution
can contradict the Russian Constitution.
Keywords:
European Court of human rights, Constitution of the Russian Federation, political parties, sovereignty, Constitutional Court of the Russian Federation.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Idrysheva S.K. (2011). Banking Agreements and Public Contract in Civil Law of the Republic of Kazakhstan and
Several CIS Countries: a Comparative Legal Aspect. Journal of Foreign Legislation and Comparative Law, 4, 55–60. https://en.nbpublish.com/library_read_article.php?id=58796
Abstract:
This article focuses on the comparative legal analysis of contracts in the field of banking services targeted at
the mass consumer. The author substantiates the view that contracts of bank accounts, bank deposit, money transfer,
payment card services should be classified as public contracts to a higher degree of protection of the rights of clients.
Keywords:
contracts in the field of banking services, contracts of bank accounts, contracts of bank deposit, protection of the rights of clients
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Müller R. (2011). Shareholders Agreement. Journal of Foreign Legislation and Comparative Law, 4, 61–72. https://en.nbpublish.com/library_read_article.php?id=58797
Abstract:
The author analyses the legal nature, purposes and substantive provisions of shareholders agreements under
Swiss law in the light of Swiss corporate law reform in the early 1990–s. The author speaks about admissibility of the
contractual rights of first refusal and option, on ways of ensuring representation of shareholders in the company’s bodies,
various variants of the resolving of deadlocks. Considering the term of the shareholders agreement inadmissibility
of obligations for ever is proved, alternative variants for establishment of terms are proposed, the order of cancellation
of the agreement is described. The article contains both doctrine and references to judiciary practice and is of interest
for Russian experts in corporate law in the light of the reform of the domestic legislation according to the Concept of
development of the civil legislation of the Russian Federation approved by the Council on codification at the President of
the Russian Federation.
Keywords:
shareholder, agreement, performance, term, qualification, partnership, shares, voting, governance
CONSTITUTIONAL ECONOMICS
Reference:
Lukianova V.U., Kashirkina A.A., Kichigin N.V., Kalmykova A.V., Rafaluk E.E., Sobolev I.D. (2011). Problem of Legal Maintenance of Uniform Economic Space. Journal of Foreign Legislation and Comparative Law, 4, 73–80. https://en.nbpublish.com/library_read_article.php?id=58798
Abstract:
Article is devoted to an actual problem of legal maintenance of Uniform economic space. Research of questions
of creation and activity of integration formations has allowed revealing signs of integration formations, and also factors
of effective construction of uniform economic space. On the basis of the analysis of the national legislation and the international
legal certificates measures which will promote transformation of the Customs union to uniform economic space
are revealed. Also recommendations about change of the Russian legislation about the purpose of formations of uniform
economic space are made in the article.
Keywords:
Uniform economic space, the customs union, globalization, collisions, court EvrAzEs, integration.
CONSTITUTIONAL ECONOMICS
Reference:
Pavlov P.V. (2011). Evolution of Free Economic Zones Institution’s legal regulation in Russia and outside Russia. Journal of Foreign Legislation and Comparative Law, 4, 81–91. https://en.nbpublish.com/library_read_article.php?id=58799
Abstract:
In this article author notices legal regulation of free economic zones (FEZ) institution in foreign and native
practice. Making analysis of the previous negative experience of FEZ function in Russia, the author considers problems
and possibilities of new type of FEZ implementation such as special economic zones (SEZ). It is shown that joint legislation
of customs union of Russia, Belorussia and Kazakhstan to be formed under formation of FEZ on the territory of
customs union member–country adopts experience of implementation FEZ institution successively.
Keywords:
Free trade zones (FTZ), institute of FTZ, types of FTZ, evolution of FTZ, the Special economic Zones in Russia, preferential management and financial policy, particular quality for legal regime of entrepreneurial activity, FTZ of the Customs union
CRIMINAL LAW: PROBLEMS OF THEORY AND PRACTICE
Reference:
Sidorenko E.L. (2011). Discretionary Principle in Criminal Law of Foreign Countries. Journal of Foreign Legislation and Comparative Law, 4, 92–101. https://en.nbpublish.com/library_read_article.php?id=58800
Abstract:
The article proposes a modern vision of legal regulation as a dichotomy of public and dispositive trends. Comparative
analysis of the norms of the disposition allows estimating the prospects of development of modern criminal law.
Particular attention is paid to finding effective models for improving Russian criminal law in part account the victim’s
consent and the development of restorative justice.
Keywords:
disposition, the victim, the consent of the victim, euthanasia, mediation, transaction, differentiated responsibility, individualization of punishment
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Rafalyuk E.E. (2011). Role of International Courts of Latin America in Unification of Law. Journal of Foreign Legislation and Comparative Law, 4, 102–111. https://en.nbpublish.com/library_read_article.php?id=58801
Abstract:
In the article describes the competence of international courts of Latin America and the impact of court’s decisions
on the formation of the unified legal space of inter–state unions. A conclusion on the possible use of international
experience in reforming of international courts in the former Soviet space.
Keywords:
unification, court decision, integration, inter–state union, supranational, legal space, international economic turnover, international court, interpretation of law
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Surjin A.S. (2011). Pipelines Transportation in the Black Sea: International Legal Aspects. Journal of Foreign Legislation and Comparative Law, 4, 112–118. https://en.nbpublish.com/library_read_article.php?id=58802
Abstract:
The article considers issues of international legal regulation of laying and operating of pipelines in the Black
Sea in accordance with the provisions of the treaty of universal character in the field of the law of the sea — the UN Convention on the Law of the Sea 1982(UNCLOS), provides an overview of existing and planned construction projects
of pipelines in the present sea space.
Keywords:
maritime law; the Black Sea; the United Nations Convention for maritime law; right to lay cables and
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Todorov A.A. (2011). Comparative Legal Description of Piracy under Modern Russian and Foreign Legislation. Journal of Foreign Legislation and Comparative Law, 4, 119–128. https://en.nbpublish.com/library_read_article.php?id=58803
Abstract:
The article contains analysis of the crime of piracy under criminal laws of foreign countries as well as its
comparison to the Russian Criminal Code norm, defining piracy. The author provides a comparison of the objective and
subjective elements of the corpus delicti of piracy, set forth in international agreements, related legal acts of foreign states
and in the Criminal Code of Russia. The issue of locus delicti is studied individually. On the basis of the comparison
results the author gives an assessment of the Russian piracy–law and draw a conclusion that piracy becomes an issue of
national interest more and more rather than of the field of the international law and that the current version of Art.227 of
the Russian Criminal Code is “viable” as compared to the relevant anti–piracy norms of foreign legislations.
Keywords:
piracy, Art.227 of the Russian Criminal Code, high seas, territorial sea, legislation of foreign countries
LABOUR RIGHTS
Reference:
Bocharnikova M.A. (2011). Amendments of Employment Contract: the Comparative Analysis of the Russian
Federation Labour Code and the Labour Codes of Other Members in the Commonwealth of Independent States. Journal of Foreign Legislation and Comparative Law, 4, 129–137. https://en.nbpublish.com/library_read_article.php?id=58804
Abstract:
The article is devoted to the problems of legal regulation of amendments to the employment contracts in Russian
Labor Code and the labor codes of other members of the Commonwealth of Independent States, the issues of general
and particular interpretations of some definitions, such as “transfer to another job”, “changing the conditions of the
employment contract.” The comparative analysis of legal regulation of permanent and temporary transfers, and, in particular,
temporary transfers to another job in case of emergency and for downtime period, as well as transfer to another
job for medical reasons are covered by the author.
Keywords:
amendments of the employment contract, transfer, relocation, production necessity, outage
LABOUR RIGHTS
Reference:
Sychenko E.V. (2011). Legal Regulation of Women’s Labour in Legislation of Great Britain. Journal of Foreign Legislation and Comparative Law, 4, 138–145. https://en.nbpublish.com/library_read_article.php?id=58805
Abstract:
The article is devoted to legal regulation of women employment in Great Britain. The author analyzes norms of
the British employment law and the practice of its application. In the article was made research of regulation prohibiting
discrimination and harassment in labour relations. The author supposes that the results of the present research of British
employment law can serve as a possible reference point for improvement of Russian legislation in this area.
Keywords:
employment, women, equality, maternity, leave, discrimination, harassment, antenatal care, allowance
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Surma I.V. (2011). Readmission Agreements in the Context of Contemporary Migration in Europe and Russia. Journal of Foreign Legislation and Comparative Law, 4, 146–151. https://en.nbpublish.com/library_read_article.php?id=58806
Abstract:
The article discusses features of the readmission agreement in the context of contemporary migration processes
occurring in Europe and Russia. Highlight the main advantages and disadvantages of a readmission agreement and reflected
the problems that arise between donor–countries and transit–countries.
Keywords:
readmission, migration, readmission agreement EU–Russia, donor–country, transit–country, multilateral agreements, acquis
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Bondarenko V.M. (2011). Status of State Border of the Russian Federation as a Subject of Constitutional Law. Journal of Foreign Legislation and Comparative Law, 4, 152–158. https://en.nbpublish.com/library_read_article.php?id=58807
Abstract:
This article attempts to give a scientific definition of “state border status” and the state border of the Russian
Federation as an object of constitutional law is considered.
Keywords:
comparative law, the status of the state border, object of relationship, the object of law, constitutional and legal status, the status, legal status, constitutional, federal law
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Lomakina S.V. (2011). Role of the Constitutional Court’s of the Russian Federation legal positions in development
of the labour legislation. Journal of Foreign Legislation and Comparative Law, 4, 159–167. https://en.nbpublish.com/library_read_article.php?id=58808
Abstract:
The influence of international practice and doctrine of constitutional justice the European model of special
authority for constitutional control was adopted in Russian and the Constitutional Court was established under. This
article covers powers of the Constitutional Court of the Russian Federation to execute constitutional control which are
expressed in examination and assessment of constitutionality of enactments in the field of labour legislation. It is stressed
in the article that in the course of the examination and assessment of constitutionality the Constitutional Court interprets
and normatively specifies rules of law, including those which are part of the labour legislation.
Keywords:
constitutional jurisdiction, european model, legal proceedings, constitutional justice, constitutional control, legal positions of the Constitutional Court of the Russian Federation, legal nature of decisions of the Constitutional Court of the Russian Federation, social state, constitutionalization, labour legislation
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Zakson A.U. (2011). Right to Appeal in the Criminal Procedure of France. Journal of Foreign Legislation and Comparative Law, 4, 168–172. https://en.nbpublish.com/library_read_article.php?id=58809
Abstract:
In this article the author tries to provide a definition for the terms: “appeal”, “right to appeal”, “ form of appeal”,
briefly defines the two concepts of the French legal theory of appeal — restrictive and liberal. The need for the
existence of the institute of appeal in criminal procedure is underlined. The goal of appeal is defined which is formulated
on the ideas of “mistake” and “ judicial truth”. The preventive function of the institute of appeal is studied as well as the
place of the right to appeal among the general principles of French criminal procedure.
Keywords:
comparative law, criminal procedure, the Code of Criminal Procedure of France, appeal, right to appeal, form of appeal, justice, the Court of Cassation, judicial decision, judicial error
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Osotkin P.U. (2011). Administrative and Legal Issues of Implementation of Program–Oriented Approach to Stimulate
the Development of Fields with Hard Oil Reserves. Journal of Foreign Legislation and Comparative Law, 4, 173–176. https://en.nbpublish.com/library_read_article.php?id=58810
Abstract:
Based on the analysis of the situation with the extraction of hard recoverable oil reserves in Russia and the
experience of regulation in this area, target–oriented approach to stimulate production in the form of federal program is
proposed in the present article.
Keywords:
administrative and legal regulation, hard recoverable oil reserves, target–oriented approach, the federal target program
Reviews
Reference:
Marino I. (2011). Review on the Book of T.Y. Khabrieva “Modern Problems of Self-Determination of Ethnos”. Journal of Foreign Legislation and Comparative Law, 4, 177–180. https://en.nbpublish.com/library_read_article.php?id=58811
Abstract:
The review notes that the monographic research of T.Y. Khabrieva consistently upholds the idea of preservation
of ethnic identity, support of ethnic freedom and originality, recognition of the diversity of ethnic identity while preserving
the principle of equality and personal non-discrimination. It is emphasized that this book for the first time carried out a
systematic theoretical study of all major forms of self-determination of ethnic groups.
Keywords:
self-determination, ethnos, nation, unitary state, federation, territorial autonomy, national-cultural autonomy
Eng
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