WAITING FOR THE 20-TH ANNIVERSARY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Reference:
S.E. Naryshkin (2012). Inter-parliamentary Cooperation:
Past, Present, Future. Journal of Foreign Legislation and Comparative Law, 6, 4–22. https://en.nbpublish.com/library_read_article.php?id=62012
Abstract:
The scientific article raises important questions of parliamentary development in today’s globalized world.
The historical aspects of the formation of the institutional foundations of inter-parliamentary cooperation, as well as
the legal framework and procedures for the formation of the parliamentary bodies of intergovernmental organizations
are considered by the author. The analysis of the modern development of parliamentarism in the framework of regional
integration — the European Union, the Eurasian Economic Community, the Union State of Russia and Belarus and tendencies
of international parliaments development in the future are presented. Important part of scientific article deals
with legal issues related to participation of the Federal Assembly of the Russian Federation and the legislative bodies of
the Russian Federation in the inter-parliamentary cooperation. The analysis of the competence and functions of parliament
interstate associations is launched.
Keywords:
comparative law, parliaments, inter-parliament cooperation, integration unions, European Union, Eurasian Economic Community.
WAITING FOR THE 20-TH ANNIVERSARY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Reference:
I.A. Starodubtseva (2012). Constitutional Basis for Prevention
and Resolution of Collisions in Russia
and Foreign Countries: Comparative Legal Research. Journal of Foreign Legislation and Comparative Law, 6, 23–29. https://en.nbpublish.com/library_read_article.php?id=62013
Abstract:
The article discusses the topical issue of the conflict of law as a complex branch of the national law on the basis
of constitutional norms. A comparative study of constitutional norms aimed at prevention and resolution of collisions in the
constitutions of the Russian Federation, Asian states, Europe and America is carried out. The author proposes the ways of
perfection of the legislation of Russia on the basis of the constitutions of foreign countries
Keywords:
comparative law, the Constitution, collision, conflict of laws, the prevention of collisions, the resolution of collisions, the constitutional control.
CONSTITUTIONAL ECONOMICS
Reference:
E.A. Nugmanova (2012). Problems of State Governance Perfection
in Aspect of Region Development
in the Republic of Kazakhstan. Journal of Foreign Legislation and Comparative Law, 6, 30–37. https://en.nbpublish.com/library_read_article.php?id=62014
Abstract:
The author made an attempt to reveal the measures for the improvement of the regional policies to be taken forward
as a follow up to the Key message from the President of the Republic of Kazakhstan – the Leader of the Nation —“Social and
Economic modernization is the main vector of Kazakhstan’s development”. The article proposes a set of measures aiming at
identification and elimination of disparities between the regions through the design of regional development programmes;
screening the most vulnerable regions based on the level of their wellbeing and considering their inclusion into the roadmap
of the regional development; adopting the list of mono-cities and small towns.
Keywords:
Regional policy, region, territory development, district, village, city, depressed region.
CONSTITUTIONAL ECONOMICS
Reference:
A.S. Ispolinov (2012). Balancing Between the Freedom
of Internal Market and Human Rights
in the Judicial Practice of The EU. Journal of Foreign Legislation and Comparative Law, 6, 38–49. https://en.nbpublish.com/library_read_article.php?id=62015
Abstract:
This article deals with the evolution of the position of the Court of the EU in relation to human rights in the EU. In this
case, the author dwells in detail on the cases examined by the EU Court of Justice, in which the Court solves the conflict between
the basic economic freedoms of the internal market and human rights. The author concludes that the EU Court finds the compromise
balance of conflicting interests in every case of conflict for fundamental market freedoms and human rights.
Keywords:
internal market, human rights, court practice, the EU Court of Justice, the basic economic freedoms, the European Convention on Human Rights and Fundamental Freedoms, the European integration, EU law, the balance of interests, restrictions on freedom of the market.
CONSTITUTIONAL ECONOMICS
Reference:
E.V. Kudryashova (2012). Planning Principle of State Finance
and Questions of Direct Democracy. Journal of Foreign Legislation and Comparative Law, 6, 50–56. https://en.nbpublish.com/library_read_article.php?id=62016
Abstract:
The problem of prohibition of so called “financial” referendum in Russia is raised in the article and discussed in
the context of the features of the legal mechanism of state planning in financial sphere. Author contends that this prohibition
is based on the planning principle of state finance.
Keywords:
state planning, referendum, budget, democracy.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
U. Klinke (2012). Development of the Jurisdiction
of the Court of the European Union. Journal of Foreign Legislation and Comparative Law, 6, 57–69. https://en.nbpublish.com/library_read_article.php?id=62017
Abstract:
This article deals with the future evolution of the architecture of the European Court of Justice (ECJ) and the
General Court (formerly known as Court of first instance) in connection with the increasing workload of the General Court
and the forthcoming accession of the European Union to the European Convention for the Protection of Human Rights
and Fundamental Freedoms of 1950. Proposals to reduce the congestion of General Court by increasing the number of
judges of the General Court and by creating a specialized Trademark Court are analyzed. Problems in the relationship of
the Court of Justice and the European Court of Human Rights, which will arise from the accession of the European Union
to the European Convention for the Protection of Human Rights and Fundamental Freedoms are described.
Keywords:
European Court of Justice (ECJ), General Court, evolution of the architecture of the EU courts, judicial remedies, European Court of Human Rights.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Yumashev Yu. M. (2012). “The Development of the” European Idea
“after the First World War: from” Pan-Europe”
of R. Coudenhov — Kalergi to ‘Neo-Functionalism’
of E. Haas and Interstate Theory of Integration
of A. Moravchik. Journal of Foreign Legislation and Comparative Law, 6, 70–82. https://en.nbpublish.com/library_read_article.php?id=62018
Abstract:
The article traces the evolution of the «European» idea from the First World War to the present day. The doctrinal
views and concepts of Coudenhov-Kalergi, A. Brian, W. Morgenthau, D. Mitrani, J. Monnet, E. Haas, A. Moravchik, and
others, determined the development of the modern European Union are analyzed.
Keywords:
The League of Nations, the European Union, «European» idea, the doctrine of European unification, R. Coudenhov-Kalergi, A. Brian, W. Morgenthau, D. Mitrani, J.Monnet, E. Haas, A. Moravcsik.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
S.Y. Kashkin (2012). History, Principles, Directions
of the Implementation and Perspectives
of Legal Regulation EU Regional Policy. Journal of Foreign Legislation and Comparative Law, 6, 83–98. https://en.nbpublish.com/library_read_article.php?id=62019
Abstract:
The article discusses the history of formation of regional policy in the EU. The author proves that from the first
steps of European integration the Union has paid serious attention to regional policy aimed at eliminating disparities
among regions, balanced development and equal opportunities throughout the united Europe territory. Legal regulations
and mechanisms of EU regional policy are considered. Special attention is paid to the key directions of the EU regional
policy realization at the present stage. The role of the Council of Europe in the development of cross-border regionalism is
examined. The directions of the EU regional policy development in the years 2014-2020 are shown.
Keywords:
European Union, regional policy, coordination of cooperation between regions, European integration, crossborder regionalism, regionalism, supranational, international organization.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
A.V. Kresin (2012). The Conceptualization of Theoretical
and Methodological Bases of Comparative Jurisprudence
in the Works of Jean Louis Eugène Lerminier. Journal of Foreign Legislation and Comparative Law, 6, 99–118. https://en.nbpublish.com/library_read_article.php?id=62020
Abstract:
The article is devoted to the analysis of the biography and most valuable works of Eugène Lerminier (1803-
1857) — the chair of general and philosophic history of comparative legislations in the College de France (1831-
1849) — the first chair of the comparative jurisprudence character in the world. The author reconstructs the development
of philosophical and historical approaches to the comprehension of law in the works of Eugène Lerminier and the
formation of his comparative methodological approach, the methodic of comparative-legal investigation, the grounds
of comparative legal history and elements of the philosophy of comparative jurisprudence, new conceptual vision of national
law and interaction between legal systems. The author comes to the conclusion that Eugène Lerminier formulated
comparative-legal approach around 1836 in the context of teaching the history of comparative legislations and the new
system of legal sciences construction, proves that this approach is the original set of ideas and concepts, created on the
ground of critical reassessment of historical school ideas as well as German and French legal philosophy trends of the
early XIX century.
Keywords:
comparative jurisprudence, comparative law, comparative legislation, comparative legal history, comparative approach, legal philosophy, institutionalization of comparative jurisprudence.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
A.N. Pilipenko (2012). Idea of “Universal Interest
in French Public Law. Journal of Foreign Legislation and Comparative Law, 6, 119–124. https://en.nbpublish.com/library_read_article.php?id=62021
Abstract:
The article discusses one of the key categories of French public law “general interest.” More than two
hundred year history of the idea of general interest does not diminish its relevance in modern public law of the
country. The genesis of the idea of universal interest, and its development, breaking in public law, the reasons for
it were the subject of our analysis in this paper.
Keywords:
general interest, public law, utilitarianism, voluntarism, democracy, liberalism, parliament, constitutional, administration.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
P.V. Troschinsky (2012). Features of the Socialist Legal System
with Chinese Peculiarities. Journal of Foreign Legislation and Comparative Law, 6, 125–135. https://en.nbpublish.com/library_read_article.php?id=62022
Abstract:
The article devotes to the basic difference in particulars of the modern Chinese legal system and legal systems of
other countries. The specific views of the Chinese authorities and legislators on the problem of legal regulation of modern
public relations are analyzed in the article. There are references to the Chinese current laws and opinions of the Russian
and Chinese scientists.
Keywords:
comparative law, legal system, legal science, Chinese law, legal liability, experimental law, "the cultural revolution".
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
N.N. Breeva (2012). Trust and Tracing in the Modern World. Journal of Foreign Legislation and Comparative Law, 6, 136–143. https://en.nbpublish.com/library_read_article.php?id=62023
Abstract:
The author analyses the nature of trusts and tracing procedures in the article. There are no mechanisms of
implementation of such elements as tracing in Russian legislation. The author analyses the reasons of absence of such
mechanisms in legal system of the Russian Federation.
Keywords:
Comparative law, common law, trust, tracing, justice.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
M.M. Konstantinovsky (2012). Confidential Management
in Accordance with Chapter 53 of the Civil Code
of the Russian Federation and International Trust Model. Journal of Foreign Legislation and Comparative Law, 6, 144–150. https://en.nbpublish.com/library_read_article.php?id=62024
Abstract:
The subject of analysis presented in the article is relations connecting with trust.
Keywords:
trust, quasi-trust, legislation, law, property
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
N.I. Gaidaenko Sher (2012). International Experience
on Alternative Dispute Resolution Mechanisms:
the New Swiss Code of Civil Procedure
and Cantonal Legislation. Journal of Foreign Legislation and Comparative Law, 6, 151–161. https://en.nbpublish.com/library_read_article.php?id=62025
Abstract:
Article deals with regulation of conciliation and mediation procedures for civil and commercial disputes in
Switzerland. The author analyses the respective provisions of the federal Code of Civil Procedure and those of the legislative
acts of the Canton of Geneva and concludes that Swiss experience and achievements on the field of conciliation and
mediation can be successfully used in Russia.
Keywords:
Switzerland, mediation, conciliation procedure, proposal of judgment, Geneva
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
B.A. Lukichev, S.G. Alexeev (2012). Expert Witnesses in Criminal Procedure
of Bulgaria and Russia. Journal of Foreign Legislation and Comparative Law, 6, 162–166. https://en.nbpublish.com/library_read_article.php?id=62026
Abstract:
The conducted comparative research of using of special knowledge a specialist (a technical witness or a fact
witness) and an expert witness in criminal legal procedure of Bulgaria and Russia is present in the article. The considered
rights and obligations of expert witnesses in criminal legal procedure of Bulgaria are analyzed by the authors.
Keywords:
technical witness, fact witness, expert witness, forensic examination, court.
LEGAL LIFE
Reference:
E.E. Rafaljuk, N.B. Krysenkova (2012). The II Public Reading on Acute Problems
of Comparative Law “Problems of Comparative Law
in View of Integration of States”. Journal of Foreign Legislation and Comparative Law, 6, 167–178. https://en.nbpublish.com/library_read_article.php?id=62027
Abstract:
The II Public Reading on Acute Problems of Comparative Law took place at the Institute of Legislation and
Comparative Law under the Government of the Russian Federation on December 3, 2012. More than 20 scientists from
different Russian and foreign scientific-research and educational centers took part on the Public Reading.
Keywords:
comparative law, integration of states, interstate unions, Eurasian Economic Community, Custom Union.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
O.U. Eremina (2012). The Legal Performance Criteria
of Executive Bodies
in International Experience. Journal of Foreign Legislation and Comparative Law, 6, 179–187. https://en.nbpublish.com/library_read_article.php?id=62028
Abstract:
The international experience of applying legal performance criteria of executive authorities and method of their
legal consolidation are in considered the article.
Keywords:
Bodies of executive power, performance criteria, performance evaluation, performance indicators, performance agreements.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
E.A. Tsvetkova (2012). Experience of Tax Stimulation Industrial Development
in the USA in The Middle of the XX-th Century. Journal of Foreign Legislation and Comparative Law, 6, 188–192. https://en.nbpublish.com/library_read_article.php?id=62029
Abstract:
The tax system is one of the most effective tools of the state stimulation of industrial development. The state by
means of preferential tax rates can approach differentially to different types of business activity, and also to realization of
the actions having different profitableness. Thereby it regulates investment process, stimulating development of capacities
at branches of manufacture not so attractive to business activity.
Keywords:
Investments, Innovations, The industry, Stimulation, Taxes, Finance
RESEARCHES OF YOUNG SCIENTISTS
Reference:
D.V. Polubin (2012). Constitutional Legal Basis of State Control
over Local Bodies in Foreign Countries. Journal of Foreign Legislation and Comparative Law, 6, 193–199. https://en.nbpublish.com/library_read_article.php?id=62030
Abstract:
The article is devoted to the constitutional regulation of state control on local bodies in foreign countries. The
legislation of Germany, France and Italy was analyzed. The author became to the conclusion on different ways of legal
regulation of state control on local bodies in Anglo-Saxon and Roman-Germanic models of local governance.
Keywords:
comparative law, self-governance, control, supervision, centralization, decentralization, community, prefect, Anglo-Saxon.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
L.D. Ebralidze (2012). Recognition of Affiliated Shareholder
with Respect to Joint Stock Company Law
in Russia and USA. Journal of Foreign Legislation and Comparative Law, 6, 200–204. https://en.nbpublish.com/library_read_article.php?id=62031
Abstract:
Imperfection of the Russian legal rules on affiliates significantly reduces the investment attractiveness of Russian
companies, and, consequently, adversely affects the economic situation in the country as a whole. Criteria for recognition
of affiliated shareholder in Russian and US legal systems have been investigated in the article. Based on thorough analysis
of the US legislation and court rulings, the author makes suggestions on Russian legislation development.
Keywords:
comparative law, affiliate, affiliation, shareholder, control, society, responsibilities, United States, court, fiduciary.
Reviews
Reference:
V.E. Chirkin (2012). Constitutional Law in the British
and French Versions. Journal of Foreign Legislation and Comparative Law, 6, 205–208. https://en.nbpublish.com/library_read_article.php?id=62032
Abstract:
This article presents a review of the books: Bradley AW, Ewing KD Constitutional and Administrative Law.
15-th ed. L. 2011. 804 p. and Gicquel J., Gicquel J.-É. Droit constitutionnel et institutions politiques. 25-éd. P. 2011. 806 p.
Keywords:
constitutional law, administrative law, European Union, United States, United Kingdom, Russia, state, right, freedom.
Eng
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