INTERNATIONAL LAW AND NATIONAL LEGAL SYSTEMS
Reference:
C. Baudenbacher (2011). The European Free Trade Association Court. Journal of Foreign Legislation and Comparative Law, 6, 4–20. https://en.nbpublish.com/library_read_article.php?id=59133
Abstract:
The article is devoted to the stages of the European Free Trade Association Court formation and development
— “birth”, “growing-up”, “lawful age”, and “maturity”, — results and perspectives of its activity. The problem
of legal Nature of Agreement on the Common Economic Space is researched. The conclusion on basic difference between
the common economic space law and the European Union law is made. It consists in the absence of determined
common politics. The question on cooperation between the European Free Trade Association Court and the Court
of Justice of the European Union in view of regime of law interpretation uniformity is analyzed. The European Free
Trade Association Court is recognized by the European courts as reputable judicial instance. The national courts and
government of the States-Parties of the Common Economic Space and European Free Trade Association are guided
by its judgments.
Keywords:
the Common Economic Space, the European Free Trade Association Court, law interpretation, human rights, basic principles of the Common Economic Space law, primacy of the Common Economic Space law, direct application of the Common Economic Space law, responsibility of state, precautionary principle, principle of uniformity, principle of reciprocity, prejudicial judgment, access to justice.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
U.A. Tikhomirov, G.A. Vasilevich (2011). State Governance and Development Perspectives. Journal of Foreign Legislation and Comparative Law, 6, 21–25. https://en.nbpublish.com/library_read_article.php?id=59134
Abstract:
The basic conclusions on the results of the common scientific project “The Problems of State Governance Efficiency
in the Republic of Belarus and the Russian Federation” are represented in the article. The project was led by
the scientific research groups of the institute of Legislation and Comparative Law under the Government of the Russian
Federation and the State University of the Republic of Belarus. The authors have separated out the basic ways of model,
principles, functions of state and the system of state bodies in the context of optimization of legal guaranteeing of state
functioning, determination of criteria of state governance efficiency perfection.
Keywords:
state governance, state governance efficiency, state functions, state bodies, executive bodies.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
S.V. Praskova (2011). Constitutional regulation of territory structure of a state:
comparative legal research. Journal of Foreign Legislation and Comparative Law, 6, 26–37. https://en.nbpublish.com/library_read_article.php?id=59135
Abstract:
The author examines the matters of status and structure of a state’s territory as a subject of legal regulation of
a constitution. Norms of constitutions of countries of the world regulating national territory are analyzed. With regard to
the federal states the author singles out two characteristics of territory structure (physiographic and political factors). It
is concluded that it is necessary to regulate them in the Basic Law of a State.
Keywords:
territory of a state, land, bowels, internal waters, territorial sea, territory of a subject of Federation, federal dependencies.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
A.N. Chertkov (2011). About the Russian Federation Territory. Journal of Foreign Legislation and Comparative Law, 6, 38–44. https://en.nbpublish.com/library_read_article.php?id=59136
Abstract:
The article is devoted to constitutioNal bases of definition of structure of territory of the Russian Federation
and the main problems of their realization. Legal fastening of the basic components of structure of territory of Russia as
united federal sovereign state, and also territory of the subject of the Russian Federation are analyzed.
Keywords:
law, state, territory, structure, the Russian Federation, the subject of the Russian Federation, subject structure, bowels, internal waters, air space.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
A.V. Kashanin (2011). Demarcation Criteria in the System of Copyright
in the USA. Journal of Foreign Legislation and Comparative Law, 6, 45–61. https://en.nbpublish.com/library_read_article.php?id=59137
Abstract:
The article treats the problem of finding criteria of copyrightable and non copyrightable in the system of the
copyright in the USA, modeling different theoretical models of the demarcation criteria. The author shows how these
models evolve in the direction of instumentalization, loss of methodological unity and the utilization of predominately
Negative demarcation criteria.
Keywords:
copyright, intellectual property, result of intellectual activity, intellectual rights, personal non-property rights, exclusive rights, author’s rights, object of copyright.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
O.V. Korneeva (2011). Cooperation in the System “Tort Liability —
the Insurance Compensation”: Foreign Experience. Journal of Foreign Legislation and Comparative Law, 6, 62–65. https://en.nbpublish.com/library_read_article.php?id=59138
Abstract:
The basic models of construction of mutual relations in system tort liability — the insurance compensation,
allocated on the basis of the analysis of the legal doctrine and the legislation of foreign countries are considered in the
article. The conclusion about possibility of loan of separate elements of these models by the Russian practice is made.
Keywords:
tort liability, insurance, road accident, model, restraint, indemnification, compensation, harm.
CONSTITUTIONAL ECONOMICS
Reference:
U.V. Sobolevskaya (2011). Constitutional Model of the Budget Competence
of Foreign Federative States Subjects. Journal of Foreign Legislation and Comparative Law, 6, 66–73. https://en.nbpublish.com/library_read_article.php?id=59139
Abstract:
The article attempts to make a comparative legal analysis of the budget authorities of the subjects of the foreign federations
of America, Europe and Asia, to detect general and particular features of constitutional regulations of this institute.
Keywords:
centralization, decentralization of the budget relations, budget authorities, incomes and expenses of the subfederal budgets, financial support, budget process.
CONSTITUTIONAL ECONOMICS
Reference:
E.S. Bajenova (2011). Migration of Population in China: Huge Increase
in the Context of Transition to the Market Economy. Journal of Foreign Legislation and Comparative Law, 6, 74–78. https://en.nbpublish.com/library_read_article.php?id=59140
Abstract:
Article devoted to the analysis of migration situation in China in the course of economic reform. Statistical data
show the high growth of urbanization and migration in the PRC as the result of successive reform last decades. The author
makes the conclusion that in the near future the migration potential of Chinese rural areas will decrease. China has to
make efforts for transition from extensive to intensive forms of production (instead of using unqualified labor force from
the countryside), for transition to innovative economy during the 12th five-year plan (2011-2015). This is the key for decision
of the main problems: decreasing the share of labor force and population ageing, the shortage of nature resources
and protection of nature using new technologies.
Keywords:
economic reform, market economy, social problems, Chinese experience, migration, labor force
CONSTITUTIONAL ECONOMICS
Reference:
L.V. Filatova (2011). Influence of the International Law Fundamental Principles
and norms on the Information Legislation Development
in Russia. Journal of Foreign Legislation and Comparative Law, 6, 79–86. https://en.nbpublish.com/library_read_article.php?id=59141
Abstract:
The role of fundamental principles and norms of international law in development of Russian information legislation,
its systematization and codification is analyzed in the article. The international experience of access procedures,
guaranteeing of rights on public information is a good legal basis for perfection and development of Russian information
legislation. The basic principles of international law creating the common legal frames for relations in the communication
sphere sucj as: guarantees for people access to different sources of information and means of communication; noninterference
to the internal state affairs; sovereign parity; respect for human rights and freedoms; freedom of information
exchange; principles and procedures on society informing on state structures activity and principle of state control for
communication activity — are researched in the article. The article shows the model of international principles implementation
to the legal system of the Russian Federation.
Keywords:
fundamental principles and norms of international law, information society, e-governance, information legislation, systematization of legislation, principles of legislative regulation, information technologies, information freedom, information security.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
A.S. Smbatian (2011). Criteria of Effectiveness of International Judicial Bodies. Journal of Foreign Legislation and Comparative Law, 6, 87–93. https://en.nbpublish.com/library_read_article.php?id=59142
Abstract:
The effectiveness of international judicial bodies is Neither stipulated by the quantity of cases in the record of courts
and arbitrations, nor by the compliance of their decisions. The level of international judges’ independence influences the effectiveness
of adjudication just indirectly. The fundamental criteria of effectiveness of international judicial bodies evaluation
is in quality of argumentation of precedents and in impact they make on the development of international law.
Keywords:
effectiveNess, international, adjudication, justice, independence, justification, precedents, compliance, development.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
D.I. Erezhipaliev (2011). Functions of Bodies of Office of Public Prosecutor
of France, Germany and Russia
in a Comparative Legal Context. Journal of Foreign Legislation and Comparative Law, 6, 94–97. https://en.nbpublish.com/library_read_article.php?id=59143
Abstract:
The comparative legal research of functioning of Offices of Public Prosecutor of France, Germany and Russia
is resulted in the article. Questions of a place and a role of Offices of Public Prosecutor of the analyzed countries in the
machinery of government and their mutual relations with other participants of criminal legal proceedings in pre-judicial
manufacture are mentioned.
Keywords:
criminal trial, pre-trial proceedings in criminal cases, functions of bodies of Office of Public Prosecutor
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
S.L. Sergeeva (2011). About Constitutional Judicial Law-Making in the USA. Journal of Foreign Legislation and Comparative Law, 6, 98–102. https://en.nbpublish.com/library_read_article.php?id=59144
Abstract:
This article aims at analyses of the U.S. Supreme Court’s role in forming law. Key concepts of legal scholars are
presented. Study analyses judicial activism across a variety of dimensions. The author reveals how the Supreme Court
has served as a reactionary or progressive force at the critical historical moments.
Keywords:
supreme court, judicial activism, analytical jurisprudence, judicial minimalism, judicial review, interpretivism, sociological jurisprudence.
PAGES OF HISTORY OF STATE AND LAW
Reference:
F. Feldbrugge (2011). Cooperation with Dutch Lawyers in the Process
of Civil Code of the Russian Federation Elaboration
and Investment of G.E. Avilov. Journal of Foreign Legislation and Comparative Law, 6, 103–107. https://en.nbpublish.com/library_read_article.php?id=59145
Abstract:
The Author, famous Dutch lawyer who took part in consulting for group of Russian experts involved into the
process of creating of Russian Civil Code, estimates the reform, its scope, legal results, and personal contribution of
G.E. Avilov in codification of Russian civil law.
Keywords:
civil law, the netherlands, comparative law, G.E. Avilov, reform of civil law in Russia, Russian Civil Code, history of law, codification.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
O.S. Skakun (2011). Aspects of Correlation between the Convention
of October 19, 1996 on Jurisdiction, Applicable Law,
Recognition, Enforcement and Co-operation in respect
of Parental Responsibility and Measures for the Protection
of Children with Russian Legislation. Journal of Foreign Legislation and Comparative Law, 6, 108–119. https://en.nbpublish.com/library_read_article.php?id=59146
Abstract:
The article deals with current ways of solving issues related to the exercise of parental rights at the family
disruption which have a foreign element. It assesses the possibility of the settlement of such situations through accession
to multilateral treaties, in particular, to the Hague Convention of October 19, 1996. The article provides an analysis of
the Convention for the compliance with Russian law. In the conclusion it estimates the suitability of the accession and
potential issues which might arise on the implementation of its provisions.
Keywords:
Hague Convention of 1996, family law, relationship between parents and children, protection of the rights of child, parental rights, parental responsibility, best interests of the child, child’s habitual residence, custody, international child abduction.
Academic life
Reference:
E.E. Rafalyuk (2011). Appeal to the Legal Culture as a Method of Overcoming
the Crisis of the Law and the State
(Review of the International Congress
“The Basic Ways of European Constitutional Law
Development” (Catania, Italy, november 29-30, 2011). Journal of Foreign Legislation and Comparative Law, 6, 120–123. https://en.nbpublish.com/library_read_article.php?id=59147
Abstract:
This article provides an overview of the positions and views expressed by scientists from Spain, Italy, Portugal,
Germany, Brazil and Russia at the InterNational Congress “The main directioNs of development of European Constitutional
Law”, held in Catania (Italy) in november 2011. The scientific event was devoted to discussion and analysis of
actual problems of integration and globalizatioN, as well as the development of European constitutional law. As a result
it was coNcluded that International law and human rights must be universal and serve to humanity. It is possible to overcome
the crisis of human rights in Europe by reference to the legal culture.
Keywords:
European constitutional law, human rights, general principles of law, constitutional justice, supraNatioNal courts, legal culture, European solidarity, integration, legal pluralism, comparative law.
Academic life
Reference:
D.O. Sivakov (2011). Legal Regulation of the Ecology
and Modern Challenges (About Russian-Ukrainian
Scientific Collection). Journal of Foreign Legislation and Comparative Law, 6, 124–129. https://en.nbpublish.com/library_read_article.php?id=59148
Abstract:
The review of research results, executed by Russian and Ukrainian scientists, concerns the ecological sectors of
international and National law. On the assumption of research results, the author presents two basic conditions of overcoming
ecological crisis: ensuring of ecological democracy, forming of economically profitable conditions of Nature protection.
Keywords:
ecological crisis, green economics, ecological democracy, basin principles, green plantations, poiNt construction.
Academic life
Reference:
A.S. Lukianov, A.V. Melikhova, V.P. nemchinov, E.V. Bystrova, I.I. Korzun (2011). About the II International Theoretical and Practical Conference
of Young Scholars and Students “Strategies of Innovative
Economics Development” Spent Within the Limits
of II Eurasian Economic Youth Forum
“Dialogue of civilizations — “The way to the north”
(Tallinn, Estonia, April 29-30, 2011). Journal of Foreign Legislation and Comparative Law, 6, 130–135. https://en.nbpublish.com/library_read_article.php?id=59149
Abstract:
The review of the II International Theoretical and Practical Conference of Young Scholars and Students “Strategies
of Innovative Economics Development” spent within the limits of II th Eurasian Economic Youth Forum — «The Way to the North» at the Institute of Economy and Management ECOMEN (Tallinn, Estonia, April 29-30, 2011) is presented
in the article.
Keywords:
conference, young scholars, strategy, innovations, economy, management, globalization.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Shulyapina S.V. (2011). Main Trends of Changes and Reforms
in Contemporary Constitutions. Journal of Foreign Legislation and Comparative Law, 6, 136–139. https://en.nbpublish.com/library_read_article.php?id=59150
Abstract:
The article deals with the trends of changes and reforms in contemporary constitutions and the ways of bridging
constitutional legal systems of Europe and the former Soviet Union countries.
Keywords:
constitutional law, international law, domestic law, integration, internationalization, supranational organizations.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
O.V. Belousova (2011). Forms of Legal Regulation in the European Union:
Unification of International Law. Journal of Foreign Legislation and Comparative Law, 6, 140–145. https://en.nbpublish.com/library_read_article.php?id=59151
Abstract:
The article covers the questions of sources of legal regulation within the European Union. Different points of
view about the classification of sources are represented in the article, there made a conclusion that the most definitive
classification will be the classification, suggested by S.U. Kashkin, according to which all sources are divided into three
groups: “primary law”, which consists of constituent documents and documents, changing its, “secondary law”, which
is formed by acts of European organs and institutes, and case-law, which is represented by the decisions of European
courts. There is also the conclusion in the article that for aims of unification of private-international law in European
Union the most interest is of regulation as the only form of European act, which guarantees its direct force.
Keywords:
European Union, regulation, directive, unification, harmonization, primary law, secondary law, case-law, international agreements.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
N.V. Vlasova (2011). Unification of conflict rules on agency
in international commerce. Journal of Foreign Legislation and Comparative Law, 6, 146–153. https://en.nbpublish.com/library_read_article.php?id=59152
Abstract:
The article is devoted to the problems of uniform regulation of agency in international commerce. Author
examines the main provisions of the Hague Convention 1978 on the law applicable to agency in comparison with the
conflict rules of the Russian Civil Code and Regulation “Rome I”. Author comes to the conclusion about advantages and
disadvantages of regulation of agency in international commerce by uniform conflict rules.
Keywords:
conflict rules, unification, the Hague Convention 1978, international commerce, agency, agent, principal, party autonomy, place of business.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
M.F. Zavialov (2011). Comparative Analisys of Legal Regulation
of Control and Supervision in the Sphere
of Labour Legislation in Russia, Belarus and Ukraine. Journal of Foreign Legislation and Comparative Law, 6, 154–160. https://en.nbpublish.com/library_read_article.php?id=59153
Abstract:
The author tells about control and supervision from the compliance with labour legislation in this article. Description
of Russian’s legislation gets in comparison with legislation in Belarus and the Ukraine is made be the author.
The author reveals some shortcomings in Russian system of labour law, and gets some ways for its overcoming with due
account taken of positively experience of Belarus and the Ukraine legislation.
Keywords:
comparative law, taken of positively experience, Belarus, The Ukraine, system of test authority, fire inspectorate, coordination activities.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
D.V. Zolotukhin (2011). About Legal Administrative Status
of the Federal Migration Service of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 6, 161–165. https://en.nbpublish.com/library_read_article.php?id=59154
Abstract:
The article deals with legal administrative status of the Federal Migration Service of Russian Federation, including
its specific position within the system of public authority.
Keywords:
migration, the Federal Migration Service, legal-administrative status, migration security.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
A.U .Matskevich (2011). Some Features of Legal Regulation
of Property Tax in the Countries of BRICS. Journal of Foreign Legislation and Comparative Law, 6, 166–173. https://en.nbpublish.com/library_read_article.php?id=59155
Abstract:
The author briefly outlines some features of legal regulation of property tax in the legal systems of countries
of BRICS. The author analyzes some of the provisions of the legislation on taxation of real estate in the BRICS group of
countries in terms of their implementation in the Russian legal system with the introduction of property tax. The author
draws a conclusion about possibility of using in the Russian law of certain rules enshrined in the legislation of the group
of studied states.
Keywords:
property taxes, the BRICS’ countries, models of the property tax, a decision to establish a property tax, the taxpayers of property tax, real estate appraisal mechanism for tax purposes.
Eng
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