TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Postnikov A.E. (2012). Electoral Law as Sub-Branch
of the Russian Constitutional Law. Journal of Foreign Legislation and Comparative Law, 4, 4–12. https://en.nbpublish.com/library_read_article.php?id=61465
Abstract:
The article presents a research of the electoral law as part of the constitutional law of Russia. The main institutions
of the electoral law and the general trend of their development are also the object of the research.
Keywords:
constitutional law, electoral law, voting rights of citizens, the institutions of the electoral law.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Krysenkova N.B. (2012). Models of Indian Electoral Systems
and Tendencies of their Reforming. Journal of Foreign Legislation and Comparative Law, 4, 13–18. https://en.nbpublish.com/library_read_article.php?id=61466
Abstract:
Analysis of Indian electoral systems is presented in the article. The author pays attention to Indian electoral
system forming realizes on constitutional and legislative level. The analysis of modern electoral reform tendencies in
India.
Keywords:
electoral system, First-Past-the-Post, preferential vote, proportional system, majority system, reform, tendencies.
CONSTITUTIONAL ECONOMICS
Reference:
Putilo N.V. (2012). Scientific (Scientific and Technological) Examination:
a Comparative Analysis of Legal Regulation
in the CIS Countries. Journal of Foreign Legislation and Comparative Law, 4, 19–26. https://en.nbpublish.com/library_read_article.php?id=61467
Abstract:
The article deals with aspects of regulation of expert activity in the legal acts of CIS countries. It is concluded
about the need for special regulation of scientific (scientific and technical) expertise in legislative acts. The proposals
for the further development of the legal regulation of expert activities in innovation-oriented economies are formulated.
Keywords:
comparative law, science, innovation, expertise, academies, academician, activity.
CORRUPTION MANAGEMENT
Reference:
Bartsits I.N. (2012). Legal Mechanisms of Perfection of Expert
and Analytical Support for Anti-Corruption. Journal of Foreign Legislation and Comparative Law, 4, 27–34. https://en.nbpublish.com/library_read_article.php?id=61468
Abstract:
The article describes the main aspects of the expert-analytical support to counter corruption. An analysis of
key issues related to the anti-corruption examination of experts, and the modern administrative procedures to minimize
corruption opportunities in the adoption and implementation of management decisions. The author presented the main
directions of anti-corruption.
Keywords:
governance, corruption, anti-corruption, anti-corruption mechanisms, anti-corruption expertise, administrative regulations.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Kanashevsky V.A. (2012). Trusts: Notion and Practice of its Using
in Foreign States. Journal of Foreign Legislation and Comparative Law, 4, 35–41. https://en.nbpublish.com/library_read_article.php?id=61469
Abstract:
The author analyses the notion and features of trusts, examines the issues of structure of trusts, ways of using
the trusts, relations between trust’s settlers, trustees and beneficiaries.
Keywords:
trust, English law, settler, trustee, beneficiary, protector, trust deed.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Gravin D.I. (2012). Warranties and Guarantees
in the English Law Facility Agreement
and Possibility of their Use in Russian Law. Journal of Foreign Legislation and Comparative Law, 4, 42–51. https://en.nbpublish.com/library_read_article.php?id=61470
Abstract:
This article deals with such English law concepts as warranties and representations, their brief comparison
and legal nature, it sets out the most common warranties and representations used in a facility agreement governed by
English law. Besides, the article deals in detail Russian legal concepts by their legal nature similar to English law warranties
and representations, including information to be provided by an insured while entering into insurance agreement.
This article also considers the consequences of breach of warranties and representations from a point of view of Russian
law including termination of the agreement due to changes of certain circumstances. The author analyses possibility to
apply Russian legal requirements of conditional transactions as specified in Article 157 of the Russian Civil Code as well
as the rules of misrepresentation as a breach of warranties and representations, considers amendments to Russian law
in terms of introduction of the new legal concept of “representation on circumstances”.
Keywords:
warranties and representations, facility agreement, English law, conditional transactions, misrepresentation, termination of agreement.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Sinitsyn S.A. (2012). Problems of Judicial Defense
of Proprietary Rights to Real Estate Properties
in Russian Civil Law and German Type Law Orders. Journal of Foreign Legislation and Comparative Law, 4, 52–68. https://en.nbpublish.com/library_read_article.php?id=61471
Abstract:
The article analyzes, in terms of comparative law, the most pressing challenges of judicial defense of proprietary
rights to real estate in Russian, German, Austrian and Swiss law orders. Special attention is paid to the restructuring
of contemporary Russian civil law.
Keywords:
real estate, immovable property, action for declaration of right, claim for correction of an entry in the land register, register of rights to immovable property.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Troshchinskiy P. V. (2012). Main Stages of Formation of the Legal System
of the People’s Republic of China. Journal of Foreign Legislation and Comparative Law, 4, 69–79. https://en.nbpublish.com/library_read_article.php?id=61472
Abstract:
The article explores distinctive features of the Chinese legal system on different stages of its development,
and focuses on the laws implemented in various periods of time, taking into consideration the corresponding political
climate — the main factor in the development of the Chinese legal system. The article draws a conclusion regarding
the importance of studying the Chinese experience by the Russian legal science in order to improve the quality of the
Russian legal system reforms.
Keywords:
comparative law, legal system of PRC, «the cultural revolution», «the policy of reform and opening», Chinese law, legal construction, the Chinese legal science, the socialist system of laws with Chinese characteristics, economic legislation, lawmaking.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Nikitina V.M., Finogentova O.E. (2012). Local Statutes in Italy: their Place and Role
in the System of Sources of Law. Journal of Foreign Legislation and Comparative Law, 4, 80–86. https://en.nbpublish.com/library_read_article.php?id=61473
Abstract:
Changing of Chapter V of Italian Constitution in 2001 led to radical reassessment of the traditional role of the
local Statutes in the law and legislation source system. Statute autonomy receives constitutional recognition in new edition
of Chapter 144 for the first time. Number of significant innovations were introduced in the process of constitutional
reform. They were not only legislative, but regulatory and administrative measures that have had a complex effect on
the entire system of autonomy and separation of jurisdiction. Changing in the levels of institutional management had an
impact on activities and nature of local and regional regulatory sources. As a consequence, the position of these laws was
changed in the hierarchy of law and legal source system.
Keywords:
comparative law, local government, Italy, municipal law, municipal lawmaking the place of local statutes in the legislative system of Italy, local statutes in the system of source of law.
PAGES OF HISTORY OF STATE AND LAW
Reference:
Nematov A. R. (2012). Genesis of Institute of the Law in Tajikistan. Journal of Foreign Legislation and Comparative Law, 4, 87–100. https://en.nbpublish.com/library_read_article.php?id=61474
Abstract:
The present article is devoted to formation and development of institute of the law in the territory of the pre-
Soviet period, Soviet period and Post-Soviet period of Tajikistan. The pre-Soviet period, i.e. since ancient times before establishment
of the Soviet power in the territory of modern Tajikistan, Soviet period, i.e. from the moment of establishment
of the Soviet power to the beginning of the 90th years of the XX century, Post-Soviet period i.e. from about the beginning
of the 90th years of last century to these days.
Keywords:
law, usual and religious norms, Avesta, Koran, Yasa, Tuzuki, legislation of the Russian Empire, Sharia, Decree, Constitution, Bukhara National Soviet Republic, Turkestan ASSR, Tajik ASSR, Tajik Soviet Socialist Republic, Constitution of the Republic of Tajikistan, the laws of the Republic of Tajikistan adopted by a referendum, the constitutional laws, codes.
DISCUSSING A PROBLEM
Reference:
Bogolyubov S.A., Elyubaev J.S. (2012). Dialog between S.A. Bogolyubov
and J.S. Elyubaev about the Russian
and Kazakhstan Experience. Journal of Foreign Legislation and Comparative Law, 4, 101–108. https://en.nbpublish.com/library_read_article.php?id=61475
Abstract:
Advantages and disadvantages of ratification ant realization of Ochruss Convention concerning access to environmental
information and justice in environmental sphere are revealed in the discussion of two professionals.
Keywords:
Ochruss Convention, usage of natural resources, public, citizen, society, state, land usage.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Osminin B.I. (2012). Reservations, Understandings and Declarations
in Treaty Practice of the USA. Journal of Foreign Legislation and Comparative Law, 4, 109–119. https://en.nbpublish.com/library_read_article.php?id=61476
Abstract:
The United States characteristically exempts itself from specific treaty provisions by attaching reservations,
understandings and reservations (“RUDs”) to the treaty’s ratification. The article examines the legal effects
of RUDs under international law and municipal law of the United States. RUDs are designed to harmonize the treaties
with existing requirements of U.S. law and to leave domestic implementation of the treaties to Congress. The
article takes into account the guidelines constituting the Guide to Practice on Reservations to treaties, adopted by the International Law Commission in 2011. The Guide to Practice highlights reservations and interpretative declarations.
Unilateral statements which are not reservations nor interpretative declarations do not come under the
law of international treaties.
Keywords:
reservation, understanding, declaration, amendment, interpretative declaration, conditional interpretative declaration, valid reservation, invalid reservation, express understanding, shared understanding, implied understanding, presumption of severance.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Samovich Y.V. (2012). Legal Effect of Regulations
of the European Court
of Justice on Human Rights in the Sphere
of Civil Rights and Duties Definition. Journal of Foreign Legislation and Comparative Law, 4, 120–125. https://en.nbpublish.com/library_read_article.php?id=61477
Abstract:
The aim of the article is to analyze the legal positions of “autonomous interpretation” that are contained in the
regulations of the European Court of Justice on human rights in the scope of civil rights and duties definition, which are
the reasons for a reference to the court in compliance with article 6 of the European Convention on human rights. The
issues are considered on compliance of civil legislation in Russia to the practice of the European Court; the practice of
the courts in the Russian Federation is estimated. Resume is based on the precedent-related practice of the Court that is
still in the process of constant development and improvement. The research result allows to reveal the list of reasons of
references to the court, to broaden the scope of individual reference to the court for the purpose of protection their civil
rights, and to bring a number of issues of public character into the category of “private interest” and to determine the
criteria of such division.
Keywords:
civil, rights, duties, reference, court, European, the Court, definition, legal, effect.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Vlasova N.V. (2012). Unification Trends in Private International Law:
UNIDROIT’s Work. Journal of Foreign Legislation and Comparative Law, 4, 126–134. https://en.nbpublish.com/library_read_article.php?id=61478
Abstract:
The article is devoted to examination of the principles of organization the UNIDROIT’s work on unification
and harmonization of private international law. The author notes the main documents prepared with the participation of
UNIDROIT. The author comes to conclusion about expansion of UNIDROIT’s work and tendency to the non-conventional
regulation of relations of the participants of international commerce.
Keywords:
comparative law, unification, harmonization, UNIDROIT, business law, convention, recommendation, UNIDROIT principles, UNIDROIT model law, UNIDROIT Guide.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Galin K.A. (2012). Limitation of Freedom
of Contract Concept in German
and Russian Federation Law. Journal of Foreign Legislation and Comparative Law, 4, 135–143. https://en.nbpublish.com/library_read_article.php?id=61479
Abstract:
The paper generally draws on the problem of mandatory, non-mandatory and law rules open to interpretation
influence to the freedom of contract. First part of paper is dealt with the necessity of limits of the freedom of contract as
well as the presumption of imperativeness and dispositiveness of German and Russian Federation contract legal provisions.
Second part entails the impact of legal provisions open to interpretation to the subject-matter of contract in Germany
and Russian Federation. The latter also compares the invalidity provisions of immoral deals in Art. 169 of Russian
Civil Code and in § 138 of BGB.
Keywords:
comparative law, limits of freedom of contract, mandatory and non-mandatory law rules, presumption of imperativeness and dispositiveness of law rules, law rules open to interpretation, food faith, justice, social morality, immoral contracts, usurious contracts.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Maslov Y.V. (2012). Control of the U.S. Congress over
the Federal Administration. Journal of Foreign Legislation and Comparative Law, 4, 144–151. https://en.nbpublish.com/library_read_article.php?id=61480
Abstract:
This article is about relationship of the U.S. Congress with the federal government in spheres of competence
legislative power to create departments of the federal authority; the order of appointment and dismissal of
civil servants appointed by the President of USA by the advice and consent of the Senate. Author analyzes the structure
of independent federal authorities, specificity of them creation and supervision. A special attention is devoted
to the special advisers, have a particular legal status. Along with the study of the legislation of the USA, author regards
a block of judicial practice on this issue and important precedents of the Supreme Court of the United States,
formed during consideration of disputes between the legislative and executive branches of power, and also with the
participation of public servants. The description of the political interaction between the President and Congress
has an important place in the work too, including consideration disagreement between them having a great social
and political importance.
Keywords:
Constitution, United States Congress, the President of the U.S.A., Federal government of the United States, government corporation, independent agencies, Supreme court of the U.S., special council, parliamentary control.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Ganizhev A. Y. (2012). Appealing a Resolution
of the General Meeting
of Business Association:
Experience of Russia and Foreign Countries. Journal of Foreign Legislation and Comparative Law, 4, 152–157. https://en.nbpublish.com/library_read_article.php?id=61481
Abstract:
In this article author analyses the procedure of the appeal of a resolution of general meeting. Author analyzed
materials of arbitration court practice, The Draft of changes in Russian Civil Code in the part of foundations of nullity of
a resolution of general meeting and also he considers the resolution of these questions in the foreign legislation.
Keywords:
comparative law, company law, acts of legal person’s regulatory body, resolution of general meeting, board of directors, executive body.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Rogozhina P.A. (2012). Some Issues of the Inheritance
of the Russian and Foreign Legal Entities. Journal of Foreign Legislation and Comparative Law, 4, 158–167. https://en.nbpublish.com/library_read_article.php?id=61482
Abstract:
The actual problems arising during inheritance of property under the will by the Russian and foreign legal bodies
are considered in the present article. Aspects of occurrence of legal bodies, the organizational-legal form, controls
by legal bodies on an example of legislations of the Russian Federation, Denmark, Germany, France, Belgium, England,
USA are investigated. Questions of inheritance by legal bodies of public law are also mentioned. The conclusion about
necessity of more detailed legal regulation of questions of inheritance by legal bodies is presented.
Keywords:
inheritance, russian legal entities, foreign legal entity, private law legal entity, real estate, movables, testament to a legal entity, juridical entities, acceptance of inheritance by legal persons.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Petrusha A. A. (2012). Warranties in Sales Transaction under
the Law of UK and USA. Journal of Foreign Legislation and Comparative Law, 4, 168–173. https://en.nbpublish.com/library_read_article.php?id=61483
Abstract:
While concluding a contract for international sale of goods between Russian and English or American companies,
English or U.S. law may be selected as applicable to the contract. The general approach to the legal regulation of
warranties (warranty of title, quality warranty) in sales transaction in accordance with English and U.S. laws has no fundamental
difference in comparison with Russian law. The differences are mainly related to more detailed legal regulation
of warranties, as well as to the approach of legal regulation of seller’s liability for breach of warranties under English
and U.S laws. The purpose of the present article is an examination of warranties regulation in sale of goods transaction
according to English and U.S. laws, as well as revelation of particularities at which Russian partner should draw its attention
before entering into a contract for international sale of goods subjected to English or U.S. law.
Keywords:
comparative law, contract for international sale of goods, warranty of title, quality warranty, exclusion of implied warranties, exclusion of seller’s liability for breach of warranty.
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