WAITING FOR THE 20-TH ANNIVERSARY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Reference:
Lafitsky V.I. (2013). Law as a Supreme Constitutional Value
(Essay of Historical
and Comparative Law Research). Journal of Foreign Legislation and Comparative Law, 1, 4–18. https://en.nbpublish.com/library_read_article.php?id=62571
Abstract:
The article describes the genesis of the formation and the constitutional embodiment of the idea of law as a supreme
constitutional value in the fundamental laws of the states of common law, continental law and religious traditions
of law. It analyses general and peculiar features and the prospects of the development of its main forms.
Keywords:
rule of law, legal state (rechtsstaat; l’Etat de droit); supremacy and higher force of the religious law, common law, continental law, religious traditions of law, constitutions, constitutional values, constitutional construction, principles of the constitution, comparative law.
WAITING FOR THE 20-TH ANNIVERSARY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Reference:
Tchertkov A. N. (2013). Constitutional Basis
of the Territorial Organization of Russia. Journal of Foreign Legislation and Comparative Law, 1, 19–25. https://en.nbpublish.com/library_read_article.php?id=62572
Abstract:
Article is devoted to the research of Constitutional basis and system of the territorial organization of Russia,
the ratio and interrelation of its components and elements are originally defined. Author’s view of component structure of
system territorial organization the Russian Federation and its subjects is presented, some recommendations about legal
regulation of the main components of this system in a context of modern challenge to the sovereign state and ensuring of
the rights and freedoms of citizens are formulated.
Keywords:
comparative law, law, state, territory, organization, system, components, elements, legislation, regulation.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Irhin I. V. (2013). Differentiation of Approaches
of Legal Regulation of Rights and Freedoms
of Citizens in the Regional Legislation of Canada. Journal of Foreign Legislation and Comparative Law, 1, 26–30. https://en.nbpublish.com/library_read_article.php?id=62573
Abstract:
The paper analyzes the approaches of the legal regulation of the rights and freedoms of the citizens of Canada.
The main focus in the plane of normative construction regulatory system of rights and freedoms in law subjects the
Canadian federation. Based on a study of the legislative experience of some regions of Canada author concludes there
are significant differences between the models of the legal status of citizens due to the system used by diverse approaches.
It is stated that in the regional laws of Canada, as well as in many legal acts of federal importance, the rights and freedoms
disclosed by listing reasons, forms and methods of protection against discrimination, which is a significant difference,
especially from the Russian legal system. In the article the conclusion that the legislation of the subjects of Canada
established a wide range of bases and protections against discrimination on various grounds, provide additional safeguards
acquisition and implementation of the rights of citizens, clarified and specified constitutional formulas relating to
the rights and freedoms, which gives them stability and strength.
Keywords:
Canada, rights, freedom, act, charter, Bill, Métis, Inuit, Indians.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Kuyan I.A. (2013). Parliamentarism as the Most Significant Form
of the People’s Sovereignty:
Problems of Implementation in Ukraine. Journal of Foreign Legislation and Comparative Law, 1, 31–35. https://en.nbpublish.com/library_read_article.php?id=62574
Abstract:
The article deals with the research of the theoretical and practical problems of the parliamentarism in terms of
its implementation as a form of the popular sovereignty realization. As a scientific theory and an actual phenomenon, the
parliamentarism synthesizes in itself a form of direct and representative democracy. The parliamentarism as a natural
development of the principle of popular sovereignty in the theory and practical implementation is primarily related to a
parliamentary form (system) of administration, which implies the existence of the parliament leading role in the system of
the state power bodies. The author considers this question in terms of political reality and the requirements of legislative
regulation.
Keywords:
people’s sovereignty, democracy, power of people, forms of democracy, parliamentarism, parliamentary system of government, parliament.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Solovyova S.V. (2013). Form of a Nonprofit Activity
according to Legislation of the Member States
and all Over the USA. Journal of Foreign Legislation and Comparative Law, 1, 36–43. https://en.nbpublish.com/library_read_article.php?id=62575
Abstract:
The present article devoted to the one of the forms of a nonprofit activity which may be performed in the states
and all over the USA. The author analyses the different types of the legal persons, which may be formed for non-business
purpose under the states’ legislation and federal laws.
Keywords:
nonprofit corporation, public (civil) activities, legal person, association.
THEORY AND PRACTISE OF LEGAL MONITORING
Reference:
Karpen U. (2013). Legislation and Comparative Law. Journal of Foreign Legislation and Comparative Law, 1, 44–67. https://en.nbpublish.com/library_read_article.php?id=62576
Abstract:
The article analyses the main trends of comparative law researches of legislation: tendencies of the development
and mechanisms of improving legislation, science and art of law drafting, participants and stages of legislative
process, methodology of law drafting, technique of law drafting, language of law.
Keywords:
legislation, comparative law, legislative policy, tendencies of the development of legislation, legislative procedure, law, legislative act, administrative act, structure of legislative act, technique of law-drafting, language of law.
CONSTITUTIONAL ECONOMICS
Reference:
Zul’fugarzade T.E., Tsirina M.A. (2013). Dispositive and Imperative Rules
of US Law in the Course of Nanoregulation. Journal of Foreign Legislation and Comparative Law, 1, 68–70. https://en.nbpublish.com/library_read_article.php?id=62577
Abstract:
This article deals with the study of complex application of dispositive soft law of the United States in the field
of nanotechnology and nanoproduction. In addition, the author examines the linkages between the problematic issues of
dispositive soft law with the norms of fixed (mandatory) law providing appropriate protection of human life and health.
According to the authors view the soft law should clearly play an important role in the governance of nanotechnology.
Keywords:
law, application, nanotechnologies, nanomaterials, management, risk, standard.
CONSTITUTIONAL ECONOMICS
Reference:
(2013). 70-th Anniversary of V.D. Zorkin. Journal of Foreign Legislation and Comparative Law, 1, 71–73. https://en.nbpublish.com/library_read_article.php?id=62578
CONSTITUTIONAL ECONOMICS
Reference:
(2013). Nationwide scientific-practical conference
"Improvement of Legal and Institutional Fundamentals
of Counteraction to Corruption in the Member States
of the Russian Federation: problems and solutions"
(Kazan, 13 december, 2012). Journal of Foreign Legislation and Comparative Law, 1, 74–84. https://en.nbpublish.com/library_read_article.php?id=62579
Abstract:
The review of conference on counteraction to corruption` aspects which took place on February 13, 2013 in
the city of Kazan is presented in the article. Participants of conference discussed problems of the implementation of
programs of counteraction to corruption in the states of the Russian Federation, questions of improvement of measures
for prevention of corruption, participation of the public in counteraction to corruption, expert and analytical analysis
of anti-corruption policy, financial monitoring as an element of counteraction to corruption, correlations of the corruption`
reasons and measures of its counteraction, formation of anti-corruption outlook between young population, etc.
Proposals and recommendations are given in the conclusion.
Keywords:
counteraction to corruption, anti-corruption examination, legal acts, administrative procedures, anti-corruption policy, efficiency of legal regulation, prevention, public service.
CRIME CONTROL
Reference:
Artemov V.U. (2013). Combating to Extremism in Australia. Journal of Foreign Legislation and Comparative Law, 1, 85–88. https://en.nbpublish.com/library_read_article.php?id=62580
Abstract:
The article studies the problem of extremism in Australia, its threat, causes and the means of countering.
Russian and Australian legislation on countering extremism is analyzed in a comparative perspective.
Keywords:
comparative law, extremism, radicalism, Islam, racism, threat, security.
CORRUPTION MANAGEMENT
Reference:
Kresina I.A., Chemeris I.V. (2013). Anti-Corruption Mechanisms
in the State and Municipal Organs of Ukraine. Journal of Foreign Legislation and Comparative Law, 1, 89–94. https://en.nbpublish.com/library_read_article.php?id=62581
Abstract:
The article analyses reasons and conditions of corruption, describes the anti-corruption mechanisms in the
state and municipal organs of Ukraine, conducts comparative law analysis of anti-corruption legislation in Ukraine and
other states of the post-soviet space.
Keywords:
corruption, reasons and conditions of corruption, anti-corruption legislation, mechanisms of counteracting corruption, state service, municipal service.
JUDICIAL SYSTEM AND ENFORCEMENT PROCEEDING
Reference:
Seleznev V.A. (2013). Information-Communicational Technologies
as a Factor of Informational Openness
in the Enforcement Proceedings System. Journal of Foreign Legislation and Comparative Law, 1, 95–100. https://en.nbpublish.com/library_read_article.php?id=62561
Abstract:
Tendency modernization of the enforcement proceedings system which is based on the information-communicational
technologies usage is analyzed in the article, as well as the role of informatization in the improving the efficiency of
judicial acts and openness and accessibility of public services in this area. Some foreign experience examples are presented.
Keywords:
government service and functions, interdepartmental electronic cooperation, information technologies, information systems, enforcement proceedings system, curt acts, bailiff.
ENVIRONMENTAL SECURITY
Reference:
Sivakov D.O. (2013). Legal Regulation of Fishing
in Russia and Abroad. Journal of Foreign Legislation and Comparative Law, 1, 101–108. https://en.nbpublish.com/library_read_article.php?id=62562
Abstract:
Present analytical article reveals a number of problems in the legal fishing industry. The author discloses
the procedure for the use of marine biological resources in accordance with the laws of Russia and foreign countries.
Recommendatory provisions of international legal instruments are also discussed.
Keywords:
fishery, aquaculture, legislation, fish industry fleet, fishing quota, authorization, agreements.
EDUCATION AND LAW
Reference:
Pulyaeva E.V. (2013). Specifics of Regulation of Certain Types
of Education: Comparative Law Aspect. Journal of Foreign Legislation and Comparative Law, 1, 109–113. https://en.nbpublish.com/library_read_article.php?id=62563
Abstract:
Comparative legal aspects of separate types of education: environmental, sporting, artistic, military and others
are considered in the article. The author examines the existing legal regulation of certain types of education in different
countries, its distinctive features, the positive and negative sides. Comparative analysis of different approaches to the
regulation of certain types of education used in Russian legislation is carried out.
Keywords:
certain types of education, environmental education, sport education, arts education, military education, legislation on education, professionalism, teacher training, secondary rulemaking.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Osminin B.I. (2013). Resolving Conflicts between Domestic Law
and International Treaties. Journal of Foreign Legislation and Comparative Law, 1, 114–123. https://en.nbpublish.com/library_read_article.php?id=62564
Abstract:
The principles of free consent and of good faith as well as the pacta sunt servanda rule are universally recognized.
States must ensure that their national legal framework permits them to meet their international treaty obligations.
In the case of a conflict between the domestic law and an international treaty, it is the domestic law, which needs to be reconsidered,
not the international treaty. The presence or absence of a particular provision within the legal framework of
a state cannot be used as an argument to evade an international treaty obligation. In this regard Article 27 of the Vienna
Convention on the Law of Treaties provides that “A party may not invoke the provisions of its internal law as justification
for its failure to perform a treaty”.
Keywords:
principle pacta sunt servanda, internal law and observance of treaties, a conflict between a statute and a treaty, the place of international treaties in internal law, the supremacy of treaties over domestic law, the rank of a treaty within domestic legal system, a rank equal to ordinary statutes, to take precedence over statutes, the “later-in-time” rule, to apply the treaty as lex specialis.
PAGES OF HISTORY OF STATE AND LAW
Reference:
Grigorieva O.G. (2013). International Legal Assistance
in Civil Cases in Soviet State and Law. Journal of Foreign Legislation and Comparative Law, 1, 124–128. https://en.nbpublish.com/library_read_article.php?id=62565
Abstract:
By the use of historical methods of research the article paints a picture of the formation of the institute of international
legal assistance in civil cases in Soviet law. The main factor which influenced on this process was international
law policy of the Soviet state. Main stages of the formation of the institute of international legal assistance in civil matters
are highlighted.
Keywords:
international legal assistance in civil matters, international law policy of the USSR, modern international law, the new economic policy, emigration from the USSR.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Gravin D. I. (2013). Syndicated Loans under English Law. Journal of Foreign Legislation and Comparative Law, 1, 129–136. https://en.nbpublish.com/library_read_article.php?id=62566
Abstract:
This article deals with legal nature of syndicated loans governed by English law, it sets out their main
characteristics such as granting the loans on similar terms and independence of the loans made, making payments
through the facility agent. The article pays particular attention to equality of the syndicate members as one of the most
important principle of syndicated lending. Herein it is analysed the role of various agents of such lending, including
the arranging bank, facility agent, agent of the export credit agencies, security agent. Besides, it deals with the issues
relating to mandatory creditors, their role in taking the most important decisions on the borrower, it analyses a
principle of “syndicate democracy”. The article also considers different type of syndicated lending, their advantages
and disadvantages.
Finally, the article relates to the structure of so called “parallel debt” mostly used in the jurisdiction of continental law.
It also compares the syndicated loans governed by English law and such loans subject to Russian law.
Keywords:
syndicated loans, English law, loan agreement, bank-arranger, security agent, parallel debt, inter-creditors agreement, participants of a syndicate, majority lenders, democracy of the syndicate.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Rogozhina P.A. (2013). Features of Inheritance of Property by
the Russian and Foreign Establishments. Journal of Foreign Legislation and Comparative Law, 1, 137–140. https://en.nbpublish.com/library_read_article.php?id=62567
Abstract:
The article deals with acute issues related to inheritance of property by Russian and foreign establishments.
The aspects of issuing the certificate of inheritance to the entity, the possibility of transmission of inherited property
agency for the operational management and, in some cases — for the property are investigated in the article. The examples
of the legal status of foreign entities in France, Italy and Germany are given. Judiciary practice is analyzed, the
contradictions of Russian legislation and complexities involved in its application are revealed.
Keywords:
comparative law, private international law, inheritance, establishments, foreign entities, certificate of inheritance, operational management, ownership, owner of entity, public institutions.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Shashkova A.V. (2013). Features of Modern European Concordat Law
on the Example of France,
Italy and Germany. Journal of Foreign Legislation and Comparative Law, 1, 141–147. https://en.nbpublish.com/library_read_article.php?id=62568
Abstract:
This article deals with the issue of the current concordat law in several countries of Eastern Europe. In this
article the author gives a brief historical review of the concordats with various countries of Western Europe. Moreover,
the article gives a detailed analysis of the current concordat law, including provisions of the existing concordats with
France, Italy, Germany.
Keywords:
comparative law, international law, the concordat, history, treaty, international agreement, the Vatican, France, Italy, Germany.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Gazizova R.G. (2013). Formation and Regulation
of Islamic Fiscal Relations
in the Arab Caliphate. Journal of Foreign Legislation and Comparative Law, 1, 148–153. https://en.nbpublish.com/library_read_article.php?id=62569
Abstract:
The article reveals the historical and legal aspects of the formation and development of the budgetary system
of the Arab Caliphate in the early stages of its existence, which eventually became a central institution to represent the
whole of the Islamic financial system on the formation, distribution, as well as the reallocation of the budget of the first
Islamic state.
Keywords:
comparative law, Islam, Islamic law, fiscal law.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Sheverdin A.V. (2013). Legal Regulation of Biotechnology
by the International Law
and Russian Legislation. Journal of Foreign Legislation and Comparative Law, 1, 154–164. https://en.nbpublish.com/library_read_article.php?id=62570
Abstract:
The article is an attempt to determine compliance of the Russian legislation in the field of legal regulation of the
development and use of biotechnology with international standards. Sufficient independence of the Russian legal system
is proved, the contradictions of domestic law are revealed, the ways and means of its overcoming and the improvement
of Russian law in this area are defined. The problem of the relation of the legal and ethical management of biomedical
technologies is also discussed.
The article is intended to researchers who are interested in the problems of legal regulation of biotechnology.
Keywords:
legal regulation of biotechnology, biomedical technology, bioethics and law, cell technologies, human cloning, stem cells, surrogate motherhood.
Eng
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