Legal state
Reference:
Pekka Hallberg (2012). Rule of Law and Development. Journal of Foreign Legislation and Comparative Law, 1, 4–9. https://en.nbpublish.com/library_read_article.php?id=59350
Abstract:
The article is about the problem of relationship between rule of law and society under the backdrops of
economic crisis. The author believes that the rule of law can be analyzed on the basis of four variables: the doctrine
of separation of powers, the application of fundamental rights and freedoms, and the functionality of the legal system
itself.
Keywords:
rule of law, social capital, economic crisis.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Jean du Bois de Gaudusson (2012). Constitution without Constitutional Culture —
Way to Decadence of Constitutionalism
(Continued dialogue on the fifteen-year
"transition period" in Africa and Europe). Journal of Foreign Legislation and Comparative Law, 1, 10–18. https://en.nbpublish.com/library_read_article.php?id=59351
Abstract:
The experience of “miscellaneous period” countries of Central and Eastern Europe and Affric on formation of
constitutional system, approaches to understanding and legal content of constitutional values are analyzed in the article.
The features and defects of different constitutional institutes and mechanisms used by above mentioned countries in overcoming
of “miscellaneous periods” are highlighted in the article.
Keywords:
Constitution, miscellaneous period, constitutionalism, democracy, comparative law, constitutional system, countries of Central and Eastern Europe, legal values.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
E.R. Radevich (2012). Legal Regulation of Temporary Work in Italy. Journal of Foreign Legislation and Comparative Law, 1, 19–22. https://en.nbpublish.com/library_read_article.php?id=59352
Abstract:
This article examines an Italian experience in legal regulation of temporary work. On the basis of a thorough
analysis of legislation and legal literature four stages in history of legal regulation of this kind of non–standard employment
are determined, namely: 1) indirect prohibition of temporary work (from 1949 to 1960); 2) direct prohibition of
temporary work (from 1960 to 1997); 3) legalization of temporary work (from 1997); 4) liberalization in the sphere of
temporary work (from 2003 up to date). Consequently it is concluded, that direct prohibition of temporary work is not
effective in present–day conditions and it is necessary to provide its detailed legal regulation, which taking into account
both progressive foreign experience and national peculiarities.
Keywords:
Italy, non–standard employment, temporary work, temporary work agency, temporary worker, real employer, user enterprise, Treu Package, Biagi Law.
CONSTITUTIONAL ECONOMICS
Reference:
A.N. Shokhin (2012). Public–Private Partnership
and Corporate Practices in Formation
of Optimal Mechanisms of Interaction between
Business and Public Authorities. Journal of Foreign Legislation and Comparative Law, 1, 23–36. https://en.nbpublish.com/library_read_article.php?id=59353
Abstract:
In the present article the author examines a topical subject in the modern circumstances of public–private partnership.
This topic is considered in the aspect of the theory of law as well as in the aspect of the legislative regulation.
The relevant Russian and foreign experience is analyzed. There are drawn some conclusions on the prospect of introduction
of public–private partnership in Russia and on creation of optimal mechanisms of interaction between business and
public authorities.
Keywords:
comparative law, public–private partnership, business, state, federal authorities, corporate practices.
INFORMATION LAW
Reference:
L.K. Tereshchenko (2012). Legal Problems of the Use
of "Cloud Computing" Technologies. Journal of Foreign Legislation and Comparative Law, 1, 37–43. https://en.nbpublish.com/library_read_article.php?id=59354
Abstract:
This article analyzes the use of new information technologies in state management and in business. The concept
of “cloud computing” and their types are analyzed; the advantages and disadvantages of “cloud computing” that affect
law enforcement practices are considered.
Keywords:
comparative law, cloud computing technologies, cloud computing, information society, information state, service provider, services, information resources, personal data, data security.
ENVIRONMENTAL SECURITY
Reference:
V.M. Zhuikov (2012). Legal Protection of Natural Resources —
Important Direction of the Environmental Policy. Journal of Foreign Legislation and Comparative Law, 1, 44–49. https://en.nbpublish.com/library_read_article.php?id=59355
Abstract:
Forming a unified framework and discussion of state environmental policy includes the need to develop environmental
education, environmental, chemical, biological, energy security of Russia, the strengthening of state supervision
and control of social and productive in the field of environmental protection, while ensuring freedom of entrepreneurial activities in accordance with the law. The author of this article puts forward counter ideas in the sphere of woods
and fauna legislation of Russia.
Keywords:
unified state environmental policy, natural environment, natural resources and objects, woods, habitat, fishery, hunting, ecological crisis, legislation, ship quota, legal monitoring.
ENVIRONMENTAL SECURITY
Reference:
E.A. Belokrylova (2012). About Some Legal Issues in the Sphere
of Environmental Safety According to the Process
of Developing and Nanotechnologies Applying
in Russian Federation: United States
of America’s experience. Journal of Foreign Legislation and Comparative Law, 1, 50–57. https://en.nbpublish.com/library_read_article.php?id=59356
Abstract:
The article covers political and legal issues in the sphere of environmental protection according to the process
of developing and applying nanotechnologies in Russian Federation and United States of America; lists the main criteria
of nanosafety, which have been suggested by international nano–community and reveals legal, socio–economic and organizational
problems in the mentioned fields in Russian Federation and USA.
Keywords:
environmental legislation; enenvironmental safety; nanonechnology; nanoproducts; nanorisks; United S
LAW AND ETHNOS
Reference:
R.Sh.Garipov (2012). Federal Indian Law of USA. Journal of Foreign Legislation and Comparative Law, 1, 58–68. https://en.nbpublish.com/library_read_article.php?id=59357
Abstract:
The modern American legislation regarding relations with indigenous peoples of the continent is examined in
the article. The author emphasizes some main principles of the federal legislation regarding to American Indians. In the
end the conclusion is made that contemporary regulation of the US Indigenous peoples’ rights and basic freedoms occurs
at the federal level by virtue of the constitution, federal legislation, signed treaties, judicial precedents, and in part, by a
customary law. There is a concept of “Federal Indian Law” which is a set of legally obligatory norms regulating the legal
status of the American Indian tribes and their special relations with the federal centre.
Keywords:
USA Law, American Indian Law, Aboriginal Law, Indigenous People, Native Americans, Reservation
PAGES OF HISTORY OF STATE AND LAW
Reference:
A.V. Kresin (2012). Formation of the Theoretical and Methodological
Foundations of Comparative Law
in the Works of Paul Johann Anselm
von Feuerbach. Journal of Foreign Legislation and Comparative Law, 1, 69–83. https://en.nbpublish.com/library_read_article.php?id=59358
Abstract:
The works of the german scientist–lawyer, criminologist Paul Johann Anselm Ritter von Feuerbach in the field
of philosophy of law and comparative law are analyzed in the article. The historical way in works of Feuerbach from
need for knowledge of the foreign law and of the national law up to the appearance of new discipline “comparative law”
is shown.
Keywords:
Paul Johann Anselm Ritter von Feuerbach, comparative law, natural law, philosophy of law.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
B.I. Osminin (2012). Participation of the Parliament
in Decision–Making on the Consent of a State
to Be Bound by International Treaties
(comparative–legal analysis). Journal of Foreign Legislation and Comparative Law, 1, 84–95. https://en.nbpublish.com/library_read_article.php?id=59359
Abstract:
The article is devoted to the role of the parliaments of various countries in the decision–making on the consent
to be bound by international treaties.
In many states parliamentary approval is legally binding for the conclusion of the most important international treaties.
Parliamentary approval increasingly has become a precondition for the internal effect of international treaties.
In some countries (the United Kingdom, Australia, Canada) parliamentary approval is not legally necessary for the adoption
of the international treaty obligations. The absence of disapproval of parliament is considered to be sufficient for the
adoption of a decision on the ratification of the treaty.
Keywords:
parliamentary approval of international treaties, parliamentary scrutiny, express approval, tacit approval, the absence of disapproval, Ponsonby Rule, “treaties”, congressional–executive agreements, executive agreements pursuant to treaties, presidential (sole) executive agreements.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
S.N. Yaryshev (2012). International Legal Issues
of Energy Supply Governing
of the Unified Economic Area. Journal of Foreign Legislation and Comparative Law, 1, 96–103. https://en.nbpublish.com/library_read_article.php?id=59360
Abstract:
The article contains the analysis of common and special legal issues relating to energy supply of the Unified
Economic Area (UEA). The peculiar stages and directions of introduction in the UEA of the system of its energy supply,
governing and international–legal forms of such procedure are defined.
Keywords:
Unified Economic Area, international law, cooperation, integration, governing, energy policy, energy diplomacy, transit state, the Energy Charter.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
N.N.Emelyanova (2012). Space Security as a New Element
of International Security. Journal of Foreign Legislation and Comparative Law, 1, 104–113. https://en.nbpublish.com/library_read_article.php?id=59361
Abstract:
Although the national security remains today a major for peace and stability, recognition of the need for an expanded
security paradigm is growing. today, the concept of international security includes military, political, environmental, information,
food and other forms of security. Since the end of the first decade of the XXI century the scientific community began to
talk about a new element of international security — the space security. The goal of space security should consist of providing
and supporting freedom of exploring and using outer space for everyone. Today we are faced with many challenges to space
security, including the orbital density of satellites, space debris, the use of nuclear energy, the effects of space weather and, of
course, possible use of space weapons. The absence of the international space security also brings an effect of uncertainty. In
general, all nations of the world are interested in the maintenance of international space security.
Keywords:
international security, space security, the Conference on Disarmament, the militarization of space, the draft treaty on the prevention of the weaponization of outer space, nuclear energy, international space organization, space debris, draft Code of Conduct for outer space activities.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
A.E. Pomazanskiy (2012). Forms of State Support of Political Parties
and Candidates During the Elections
in the Legislation of Foreign States. Journal of Foreign Legislation and Comparative Law, 1, 114–120. https://en.nbpublish.com/library_read_article.php?id=59362
Abstract:
The article is devoted to the various forms of state support for candidates and political parties during election
campaigns in foreign countries. The author indicates various forms such support. There is a trend to expand the list of
forms and volume of the state support, above all, to the political parties and candidates nominated by them. The author
concludes that at present time the major aims regarding the state support system are the creation of the equality of participants
in the electoral campaigns, as well as increasing transparency in the financing of election campaigns.
Keywords:
comparative law, elections, political parties, candidates, campaign, election funds, air time, state support, funding, transparency.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
S.P. Andrusenko (2012). Development of Criminal Law Protection
of Crime Victims (comparative legal analysis). Journal of Foreign Legislation and Comparative Law, 1, 121–126. https://en.nbpublish.com/library_read_article.php?id=59363
Abstract:
The comparative analysis between the criminal legislation of Russian Federation is submitted in the field of
protection of rights of victims and similar criminal legislation of foreign countries. Main problems of compensation
injury, criminal protection of victims and other aspects dedicated to problems of victims are expounded in the article.
Special attention is paid to the analysis of gaps of the criminal legislation of the Russian Federation.
Keywords:
comparative law, offender, compensation, victim, penalty, health, gap, psychology, injured person, punishment.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
I.V. Surma (2012). Current Issues of a Legal Regulation
of Transit Migration. Journal of Foreign Legislation and Comparative Law, 1, 127–131. https://en.nbpublish.com/library_read_article.php?id=59364
Abstract:
In article, features of legal regulation of transit migration in the light of modern migratory processes are analyzed.
The basic groups of the transit countries are allocated and the documents regulating activity of the transit states
concerning migrants, being on their territory (the Dublin convention, Directives of Council of the European Union and
judiciary practice of Migratory Courts) are shined. The author proves that fact that in the modern developed conditions
as the Dublin convention, and readmission agreements should be modified taking into account necessity of observance
of a principle of “burden-sharing”.
Keywords:
readmission, the Dublin convention, readmission agreement, transit migration, transit-country, EU Council Directives, Charter of Fundamental Rights of the EU, a principle of “burden-sharing”.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
K.O. Ilnitskiy (2012). Origin and Development
of the Great Britain Copyright Legislation:
Legal Review. Journal of Foreign Legislation and Comparative Law, 1, 132–135. https://en.nbpublish.com/library_read_article.php?id=59365
Abstract:
General Great Britain acts on authors’ and publishers’ rights (1538–1886) were analyzed in the article. Statute
of Anne 1710 confirmed authors’ and publishers’ rights in terms of issued privileges. However Statute of Anne 1710
wasn’t a copyright law because the term “copyright” wasn’t exist in the Statute. Cases, acts and commentaries of English
lawyers were sources of Great Britain copyright legislation. The new systematized copyright act was adopted in 1814
and cancelled Statute of Anne 1710. Great Britain concluded bilateral agreements on copyright protection with European
states In the middle of the XIX century. However Great Britain continued to improve the national copyright legislation
and the new copyright act was adopted in 1911. In 1988 the present Copyright, Designs and Patents Act was adopted.
Later it was amended repeatedly.
Keywords:
copyright of Great Britain, printing privilege, the Licensing Act 1662, Statute of Anne 1710, Company of Stationers, the Stamp Act 1711, the Dramatic Authors Society, Order in Council, the Society of Artists, the Copyright, Designs and Patents Act 1988
RESEARCHES OF YOUNG SCIENTISTS
Reference:
O.V. Oskorbina (2012). Features of Legal Regulation
of the International Carriage
of Dangerous Goods by Rail. Journal of Foreign Legislation and Comparative Law, 1, 136–142. https://en.nbpublish.com/library_read_article.php?id=59366
Abstract:
In the present article the author examines the peculiarities of legal regulation of the international carriage of dangerous
goods by rail to ensure the safety of the transport process of such goods. The author also highlights the features of the
insurance institute, which has not found a legal decision as to which type of insurance is the most effective — the insurance
of dangerous cargo or liability insurance or insurance of rolling stock, wagons, containers.
Keywords:
international carriage by rail of dangerous goods, Insurance Institute, compelling material and conflict rules.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
M.F. Zavyalov (2012). Comparative Characteristics of the Legal Regulation
of the Supervision and Control over
the Labor Legislation Application in Russia,
Belarus and Ukraine. Journal of Foreign Legislation and Comparative Law, 1, 143–149. https://en.nbpublish.com/library_read_article.php?id=59367
Abstract:
The aim of this work is to compare the regulatory state supervision and control over application of labor legislation
in Russia and CIS countries on the example of the Republic of Belarus (Belarus) and Ukraine. The author has
identified gaps in Russian legislation, and outlines ways to fill them with the experience of Ukrainian and Belarusian
legislation.
Keywords:
comparative law, borrowing experience, Belarus, Ukraine, the body system of monitoring and supervision, fire supervision, coordination of activities.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
V.V. Sevalnev (2012). Sources of Legal Regulation
of the Innovative Sector of the People’s Republic
of China. Journal of Foreign Legislation and Comparative Law, 1, 150–161. https://en.nbpublish.com/library_read_article.php?id=59368
Abstract:
The article is devoted to the analysis of the sources of legal regulation of taxation of innovative sector of
the People’s Republic of China. The author also discussed some aspects of the classification of sources of the legal
regulation of taxation in China, proposed a system of its hierarchy, and analyzed general trends of the development
of tax legislation.
Keywords:
comparative law, taxation, innovative sector, legal regulation, tax legislation, sources of tax legislation, the Constitution of the PRC, tax act, legal regulation, international treaty.
Eng
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