WAITING FOR THE 20-TH ANNIVERSARY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Reference:
Kashepov V.P (2013). Realizing the Potential
of the Constitutional Foundations of Judicial Power. Journal of Foreign Legislation and Comparative Law, 2, 186–197. https://en.nbpublish.com/library_read_article.php?id=62837
Abstract:
The article reveals the nature and significance of the judicial power and its place in the system of government of
the Russian Federation, the relationship between the legislative and executive branches, the main features of the judicial
power, the structure of the judicial system. The possibilities of improving the organization of the judicial system, the development
potential of the principles of justice are analyzed.
Keywords:
judicial power, judicial system, types of legal proceedings, principles of justice.
WAITING FOR THE 20-TH ANNIVERSARY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Reference:
Tiunov O.I. (2013). Implementation of Treaties of the Russian Federation:
Science, Practice, Effectiveness. Journal of Foreign Legislation and Comparative Law, 2, 198–207. https://en.nbpublish.com/library_read_article.php?id=62838
Abstract:
The scientific conference “Implementation of Treaties of the Russian Federation: Science, Practice, Effectiveness”
was held at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The main
features of the implementation of international obligations in a time of globalization were discussed. At the present time
treaties serve as a basis for the international legal order regulation. Treaties facilitate modernization of Russia and development
of integration processes in which it participates actively. The analysis of the participants’ statements showed their
high theoretical level which allows to enrich the practice of the application of the treaties.
Keywords:
comparative law, the role of treaties, international and national regulation, the impact of globalization, implementation mechanisms, judicial acts, human rights, compliance of national laws and international law obligations, separate spheres of implementation of treaties, legal consequences of the protection of interests.
Reference:
Pilipenko A.N. (2013). France: Once Again about the Quality of Law. Journal of Foreign Legislation and Comparative Law, 2, 208–214. https://en.nbpublish.com/library_read_article.php?id=62839
Abstract:
Reduced quality of law — an obvious fact, not only for those to whom it applies, but for those who formulate, adopt,
execute and implement. The experience of France, where the quality of law is concerned not only managed, but also managers,
is an example of an integrated approach to problem, solving, to achieve it. The present paper attempts to analyze the main
areas of work to improve the quality of the law in France, where the activity in recent years is not spontaneous and sporadic,
and focused and comprehensive. Considering the position of the Russian legislation, the author thinks that the article is not of
speculative interest for the Russian legislator, as well as to those who develop, implement and apply the law.
Keywords:
law, quality, evaluation, control, parliament, government, administration, security, a bill proposed laws, regulations, impact, study, simplifying, the procedure, clarity, efficiency.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Kaminskaya N.V. (2013). Comparative-Legal Analysis of Sources
of Municipal Law. Journal of Foreign Legislation and Comparative Law, 2, 215–219. https://en.nbpublish.com/library_read_article.php?id=62840
Abstract:
The sources of municipal law in the legal systems of the states of the different legal systems, coming from different
municipal-legal traditions, form of the political system, are characterized by numerous features. The important difference
of this industry is a selection in qualities of source of regulations of territorial communities or so-called municipal charters.
Thus with every year amount of international-right acts universal and regional, in particular European, levels in area of
municipal right grows. On this basis, comparative-legal research of sources of municipal right is necessary.
Keywords:
comparative law, municipal law, the sources, statutes, regulations, constitutions, laws, treaties, self-government, traditions
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Ivanov S.A. (2013). Distinguishing Features
of the Comparative Legal Studies
and Cross-Cultural Study of Law. Journal of Foreign Legislation and Comparative Law, 2, 220–224. https://en.nbpublish.com/library_read_article.php?id=62841
Abstract:
Comparative legal studies and cross-cultural studies of law are two distinct types of legal research. They differ
from each other in a research objectives, methods of organization, methodology of the study, the nature of the legal conclusions.
Such differentiation is necessary to prevent erroneous scientific conclusions and inadequate attempts to transform
social practice.
Keywords:
comparative law, comparative law research, cross-cultural study of law, comparative legal method, genetic (historical narrative) method, the legal criterion of comparison, the methodology of comparative law study of the problem of the comparative legal studies, comparative law and legal geography as scientific specialty, tasks, cross-cultural study of law.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Krysenkova N.B. (2013). Legal Status of Ethnics
and Religious Communities in India. Journal of Foreign Legislation and Comparative Law, 2, 225–229. https://en.nbpublish.com/library_read_article.php?id=62842
Abstract:
The article is devoted to analysis of legal status of ethnics, religious minorities and backward classes in India.
The author analyses the current measures on welfare of minorities, representation of its interests in state bodies and obtaining
of education. Analysis is based on Constitution of India 1949, minorities legislation and programs of commissions for
its rights protection.
Keywords:
India, ethnos, ethnic community, minorities, religious community, rights and freedoms.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Nifanov A.N (2013). Experience of Legal Territory Formation
in Federal States. Journal of Foreign Legislation and Comparative Law, 2, 230–236. https://en.nbpublish.com/library_read_article.php?id=62843
Abstract:
This article presents the author’s analysis of the constitutions of federal states to identify in them the rules of the
territory, taking into account an integrated approach to the definition of the latter.
Keywords:
territory, state territory, the territory of the Federation, state, land, change of status, the referendum, the national survey, the peace treaty.
CONSTITUTIONAL ECONOMICS
Reference:
Tereshchenko L.K., Kalmykova A.V., Edkova T.A. (2013). Legal Status of Industrial Parks
in Legislation of CIS Countries. Journal of Foreign Legislation and Comparative Law, 2, 237–245. https://en.nbpublish.com/library_read_article.php?id=62844
Abstract:
The article is devoted to legal comparative research of legislative regulation of legal status of industrial parks
in CIS countries. Based on analyze of Ukrainian, Moldavian, Belorussian, Kazakh, Armenian and Tajik legislation, legal
basics of creation and functioning of industrial parks; basics of admission of legal persons as residents of industrial parks;
basic activities of industrial parks and measures of state support are revealed.
Keywords:
industrial parks, state support, innovations, innovative infrastructure, CIS, resident of industrial park.
CONSTITUTIONAL ECONOMICS
Reference:
Sazonov V.E. (2013). Features of the Enforcement
and Implementation of Public-Private Partnership
in South Africa. Journal of Foreign Legislation and Comparative Law, 2, 246–250. https://en.nbpublish.com/library_read_article.php?id=62845
Abstract:
Article investigates features of legal support and realization of the public-private partnership in South Africa.
The author investigates the normative legal acts on public-private partnership. The article describes the problems and
prospects of South African legislation on public-private partnership.
Keywords:
public-private partnerships, concessions, public administration, public interest, public services, public procurement, infrastructure, South Africa.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Chukovskaya E.E. (2013). National and International Regulation
of Distribution of Compositions in Internet. Journal of Foreign Legislation and Comparative Law, 2, 251–270. https://en.nbpublish.com/library_read_article.php?id=62846
Abstract:
The article devotes to review of reports and materials presented at the conference “Distribution of Compositions
in Internet. Perspectives of National, European and International Legislation” organized by the Free University of Brussels
(Belgium). Problem questions were discussed during December, 2010 and the whole 2011. This article is based on reports
of the main speakers such as F. Dubuisson (Belgium), K. Geiger (Germany), V. Delforge (Belgium).
Keywords:
Internet, copyright law, copyright holder, information brokers, fundamental human rights and freedoms.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Kopylov M.N., Kopylov S.M. (2013). Instruction on Use
of the Strategic Environmental Assessment. Journal of Foreign Legislation and Comparative Law, 2, 271–278. https://en.nbpublish.com/library_read_article.php?id=62847
Abstract:
The article deals with the legal aspects of the strategic environmental assessment (SEA). On the bases of the analyzes
of the 2003 Kiev Protocol on strategic environmental assessment advantages of this procedure are disclosed if compared
with the procedure of environmental impact assessment. The main stages of the procedure of strategic environmental
assessment are shown. Peculiarities of transboundary consultations and the importance of monitoring stage are identified.
The EU Directive 2001/42/EC on strategic environmental assessment is analyzed as an example of regional mechanism of
strategic environmental assessment. It is concluded that the codification of international legal rules, regulating SEA started
in the twenty-first century.
Keywords:
international environmental law; strategic environmental assessment (SEA); environmental impact asse
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Avkhadeev V.R. (2013). Russian-Norwegian Agreements about Delimitation
of Maritime Areas in the Arctic:
Modern Problems of Realization
and Development Prospects. Journal of Foreign Legislation and Comparative Law, 2, 279–286. https://en.nbpublish.com/library_read_article.php?id=62848
Abstract:
In this article actual problems of implementation of the Russian-Norwegian agreements concerning differentiation
of territorial jurisdiction in the Arctic region are considered. The analysis is carried out on basic provisions of
the Spitsbergen treaty 1920, Agreements of the USSR and Norway on the mutual relations in the field of fishery of 1976,
the Agreement between the Government of the Russian Federation, the Government of the Republic of Iceland and the Government of the Kingdom of Norway concerning some aspects of cooperation in the field of fishery, of May 15, 1999 and
the Treaty between the Russian Federation and the Kingdom of Norway on the Maritime Delimitation and Cooperation in
the Barents Sea and the Arctic Ocean (with «Fishery questions», «Cross-border fields of hydrocarbons») 2010, and also —
according to the conclusions of committees of the State Duma of Federal Assembly of the Russian Federation on the issue
of ratification of the Treaty of 2010. The author draws a conclusion about need to revise the Treaty between the Russian
Federation and the Kingdom of Norway on the Maritime Delimitation and Cooperation in the Barents Sea and the Arctic
Ocean of September 15, 2010 and to give it according to earlier concluded international agreements, and also — taking
into account interests of Russia is drawn.
Keywords:
Russian-Norwegian agreements, Legal Regime of Maritime Areas, delimitation, Arctic, Spitsbergen.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Pimenova O.I. (2013). Subsidiarity as a Principle of the Exercise
of Joint Competences of the European Union
and its Member States:
on the Example of Tax Legislative Regulation. Journal of Foreign Legislation and Comparative Law, 2, 287–297. https://en.nbpublish.com/library_read_article.php?id=62849
Abstract:
Theauthor uses an example of tax legislative regulation to analyze the role and place of subsidiarity principle
in the mechanism of supranational legislative regulation of relations associated with joint competences of the European
Union and its member states in the present article. The author claims that despite the flexible and mild nature of regulation
under the subsidiarity principle, this concept envisages rigorous control over the execution of legislative prerogative
powers of supranational institutions of the European Union. For this reason, the article is focused on the development of
methodological basis of exercise of general legislative activities in a multilevel structure. European Union directives in
the area of direct taxation may be considered as an example of how the subsidiarity principle has been put into practice by
member states when supranational institutions perform only those tasks which are crucial for the creation and maintenance
of a single domestic market in the European Union.
Keywords:
subsidiarity, proportionality, European Union, joint competence, domestic market, taxation, directive, harmonization.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Reshetnyak V.I. (2013). Foreign Experience of the Use
of Information Technologies
for the Organization of the Courts. Journal of Foreign Legislation and Comparative Law, 2, 298–303. https://en.nbpublish.com/library_read_article.php?id=62850
Abstract:
The paper analyzes the application of computer and information technologies in foreign countries in order to
achieve optimal organization of civil proceedings. The author shows that the provision of adequate informational courts,
expanding the application of information technology in the judicial work, the development on this basis of modern and
reliable software systems and systems contributes to the efficient administration of justice.
Keywords:
information technologies, judiciary, judicial activities, civil proceedings.
PAGES OF HISTORY OF STATE AND LAW
Reference:
Rubanik V.E. (2013). General View about Court and Justice
in the Middle Ages: Europe and Russia. Journal of Foreign Legislation and Comparative Law, 2, 304–312. https://en.nbpublish.com/library_read_article.php?id=62851
Abstract:
The article investigates the general idea of the court and justice, forming in Europe and in Russia in the Middle
Ages. The thesis about the significantly differed in form and content systems of ruling, legal regulation of social relations,
the court of justice, the impact of which continues to remain relevant to the presen were objectively evolved in individualized
Western Europe and community-patriarchal East Slavic Russia.
Keywords:
comparative law, Middle Ages, medieval Europe, medieval Russia, the history of the court, judicial activism, the Western tradition Court, Eastern Slavic tradition of the court, the state court, judiciary.
PAGES OF HISTORY OF STATE AND LAW
Reference:
Berlyavskiy L.G. (2013). Ñontribution by L.D. Brandeis into Development
of Constitutional Law
of the United States of America. Journal of Foreign Legislation and Comparative Law, 2, 313–319. https://en.nbpublish.com/library_read_article.php?id=62852
Abstract:
The article is devoted to the research of the constitutional legal concept by Louis Brandeis — the outstanding
American man of law, Associate Justice of the United States Supreme Court. He is considered as one of four greatest judges
in XX century. L. Brandeis was possible to become successful in asserting the workers social and labor rights that directly
have not been fixed in the United States Constitution. The “Brandeis Brief” became the essential contribution to USA procedural
law. Brandeis was a supporter of the “Living Constitution” conception that is based on the idea of social changes,
evolutions of the legal system and the Basic law.
Keywords:
Louis Brandeis, constitutional legal concept, United States Supreme Court, social and labor rights, procedural law.
Reviews
Reference:
Bogolubov S.A. (2013). Environmental Laws and Realities
of Russia and USA
(review of the book of Broslavsky L.I.
"Ecology and Environment. Laws and realities of USA
and Russia". Moscow: Infra-M. 2013. 317). Journal of Foreign Legislation and Comparative Law, 2, 320–325. https://en.nbpublish.com/library_read_article.php?id=62853
Abstract:
The article compares environmental legislation of Russia and the United States, rules and reality. The necessity
of the creative use of foreign experience in the legal and environmental activities is justified.
Keywords:
environment protection, legislation, environmental management, Russia, USA.
Reviews
Reference:
Abramova A.I. (2013). Lawmaking Problems
(review of the book of Nematov A.R.
“Lawmaking in the Republic of Tajikistan”
(Dushanbe, 2013). Journal of Foreign Legislation and Comparative Law, 2, 326–327. https://en.nbpublish.com/library_read_article.php?id=62854
Abstract:
The presented article is a review of the book of Nematov A.R. “Lawmaking in the Republic of Tajikistan”
(Dushanbe, 2013). The work is based on the experience of Tajikistan, and reflects the search for new approaches to understanding
the content of legislative activity and its importance in public administration and government of society.
The monograph contributes to the theory of law-making and may be of interest to lawyers, interested in this matter. A
number of general conclusions about the character and nature of legislative activity in Tajikistan appears to be useful for
lawyers dealing with comparative law.
Keywords:
comparative law, legislation, management, planning, forecasting, concept, effectiveness, legislation, modernization, systematization.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Demakov R.A. (2013). Optimization of Governmental Legislative Activity:
Legal Experience of Russia
and Foreign Countries. Journal of Foreign Legislation and Comparative Law, 2, 328–333. https://en.nbpublish.com/library_read_article.php?id=62855
Abstract:
The article is dedicated to optimization of governmental project legislative activity by the effective introduction in
elaboration process of governmental bills of institutes of law monitoring and law prediction. On the analysis base of federal
legislation of the Russian Federation, legislation of subjects of Russian Federation and some foreign countries, the need of
organizational and legal conducting measurements of improving of Russian governmental activity is asserted by author. On
the base of analysis of periodical and monograph literature, common tendencies and directions of scientific elaborations in the
sphere of forming of governmental bills are described. Sublegislative acts, regulating the procedure of governmental legislative
process of executive branch of power, practice of implementation of bill drafting procedure, are reviewed and analyzed, on
the base of studied data recommendations of modernization of governmental bill drafting procedure in the Russian Federation
are elaborated. Particular attention in the article is devoted to the introduction of more constructive and successive ability of
civil society institutions participation in process of governmental bill drafting.
Keywords:
The Government of the Russian Federation, law drafting activities, state power, the bill, optimization, law monitoring, law forecasting, normative act, the institution of civil society, the effectiveness of the law.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Wo Quang Huan (2013). Planning of Lawmaking Activity
in Vietnam. Journal of Foreign Legislation and Comparative Law, 2, 334–342. https://en.nbpublish.com/library_read_article.php?id=62856
Abstract:
The legal framework of lawmaking planning in Vietnam, subjects and stages planning process, positive and
negative sides of this phase of lawmaking are analyzed in the article The author bases on the Vietnamese normative and
scientific sources which are introduced into the Russian scientific circulation for the first time, as well as on Russian works
on the theory of lawmaking. It allows to compare the theory and practice of the organization of planning and estimate an
actual role of this institution in process create of the law.
Keywords:
lawmaking, lawmaking in Vietnam, lawmaking activity, lawmaking planning, planning of lawmaking activity, plan for create laws, proposal on law, proposal to create the law, legislative leadership.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Sataev A.F. (2013). Problems of Adaptation
of Modern Judicial System
in Turkey to the European Institutions
in the Context of European Integration of Turkey. Journal of Foreign Legislation and Comparative Law, 2, 343–350. https://en.nbpublish.com/library_read_article.php?id=62857
Abstract:
This article discusses the problems of the adaptation of the judicial system of modern Turkey in the way at joining
the European Union. The author analyzes reports of the European Commission, the results of the programs aimed at
improving the legal proceedings, the judicial reform package, often changes in the judicial system in Turkey. Summing up,
the author comes to the conclusion that the judicial system of the Turkish Republic has high chance of being recognized as
conforming to the relevant EU requirements.
Keywords:
comparative law, judicial system, judiciary, Turkey, adaptation, integration, European Union, report, European Commission, Constitution.
Eng
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