WAITING FOR THE 20-TH ANNIVERSARY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Reference:
Lafitsky V.I. (2013). Landmarks of Constitutional Law Drafting:
from the First Constitutions to the Constitution
of the Russian Federation of 1993. Journal of Foreign Legislation and Comparative Law, 3, 372–392. https://en.nbpublish.com/library_read_article.php?id=63161
Abstract:
The article traces the evolution of the constitutional space, main features and peculiarities of great landmarks
of constitutional law drafting from the first constitutions of the epoch of the American and French revolutions to the
Constitution of the Russian Federation of 1993.
Keywords:
Constitutions, constitutional space, constitutional law drafting, constitutions of foreign states, Constitution of the Russian Federation of 1993.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Andrichenko L.V., Khabrieva T.Y. (2013). Legal Regulation of Multicultural Relations
in the Legislation of Foreign Countries. Journal of Foreign Legislation and Comparative Law, 3, 393–416. https://en.nbpublish.com/library_read_article.php?id=63162
Abstract:
The comparative legal analysis of the legal regulation of multicultural relations based on the research of the
legislation of foreign countries presented in the scientific paper. The basic directions of ethnic policies of foreign countries:
assurance of the legal status of ethnic minorities and indigenous peoples, anti-discrimination policy, the guarantee
of political participation of ethnic minorities, the right to use their native language and the national cultural heritage,
evolution of the institutional and functional grounds of national-territorial entities, protection of land and other property
rights of indigenous peoples.
It is concluded that the research of foreign experience of legislative regulation of the rights of national minorities gives
ample opportunities for its use in the practice of the Russian law-making process.
Keywords:
multicultural relations, ethnic minorities, indigenous peoples, territorial autonomy, the state language, native language, ensuring non-discrimination, indigenous representation
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Mozolin V.P. (2013). About Legislative Prohibition
of the Autonomy of Will of Participants
of Civil Law Relations. Journal of Foreign Legislation and Comparative Law, 3, 417–420. https://en.nbpublish.com/library_read_article.php?id=63163
Abstract:
The article analyses the problems which appear due to the distribution of the action of the Civil Code of the
Russian Federation on the sphere of internal corporate relations and which may cause the dilution of general fundamentals
of civil law regulation and significant expenses in law application practice.
Keywords:
Civil Code of the Russian Federation, autonomy of will, participants of civil law relations, internal corporate relations.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Sinitsin S.A. (2013). Absoluteness as an Attribute
of Corporeal Rights in the Legislation
and Doctrine of some Mainland Europe Countries. Journal of Foreign Legislation and Comparative Law, 3, 421–429. https://en.nbpublish.com/library_read_article.php?id=63164
Abstract:
The article treats issues of relationship of absolute and corporeal rights in the legislation as well as legal order
doctrines shaping the continental Europe legal system. The authors consider issues of correlation of absolute and corporeal
rights, their system, coincidental attributes, possibility of classification of legal rights by the absoluteness attribute.
Keywords:
absolute, corporeal legal rights, classification of civil legal rights.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Baranovskaya I.G. (2013). Legal Basis of Land Lease in Germany. Journal of Foreign Legislation and Comparative Law, 3, 430–433. https://en.nbpublish.com/library_read_article.php?id=63165
Abstract:
This paper examines the issue of treaty land lease in Germany: the concept of a land lease, types of lease, data
on the leasable property, terms and procedure of the contract, the rights and obligations of the parties, as well as the
grounds for termination of the lease.
Keywords:
rent, land, Germany, legislation, regulation, contract.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Sultonova T.I. (2013). Legal Regulation of Gambling
in Tajikistan: Background and Current Status. Journal of Foreign Legislation and Comparative Law, 3, 434–449. https://en.nbpublish.com/library_read_article.php?id=63166
Abstract:
This article deals with the establishment and development of legislation on gambling in the territory of modern
Tajikistan. It is revealed that despite the abundant evidence of prevalence of certain types of gambling in Central Asia in
the archaic period, they do not face legal sanctions and was regulated exclusively by moral dogmas and religious rules
existing at that time. It is concluded that the legal regulation of gambling in the territory of modern Tajikistan passed a
long evolution. At various historical stages the legislative approach to gaming and wagering regulation changed repeatedly, depending on a number of factors, including the legal regime that was existing in a particular historical period of
social development and economic policy. All of these circumstances in some periods caused necessity of negative regulation
of gambling in the form of prohibitions of its organization and participation, in other times however, required a
flexible approach to the regulation of gambling activities.
Keywords:
gambling, lottery, natural obligations, mortgages on horse racing and archery in Islamic law, the legal regulation of gambling in Turkestan province.
CONSTITUTIONAL ECONOMICS
Reference:
Sergeev D.B. (2013). Municipal-Legal Terminology
in Russia and Abroad (on the Example
of the Institutions that Ensure the Participation
of Local Community in Legal Relations). Journal of Foreign Legislation and Comparative Law, 3, 450–454. https://en.nbpublish.com/library_read_article.php?id=63167
Abstract:
Types of the local communities and structures of different countries which ensure the realization of right to
participate in local government are researched in the article. The author concludes that legal concepts used abroad
should be defined considering different meanings, so before translating these terms the circumstances under which they
apply must be examined.
Keywords:
local government, the local community, legitimization, county, municipality, community, municipal formation, municipal corporation.
INTERNATIONAL LAW AND NATIONAL LEGAL SYSTEMS
Reference:
Batler W.E. (2013). Elements of Supranationalism
in Eurasian Economic Community. Journal of Foreign Legislation and Comparative Law, 3, 455–459. https://en.nbpublish.com/library_read_article.php?id=63168
Abstract:
The article is devotes to the examination of aspects of supranationalism in interstate integration communities
on the example of the Eurasian Economic Community (former Commission of Tax Union). The article deals with legal
aspects of international treaties as basic mechanisms for regulation of integration processes. The “contract theory” of
compulsory decisions of international organizations is analyzed. The main point in the article is analysis of the Order of
the Constitutional Council of the Republic of Kazakhstan of November 5, 2009, No. 6 On official interpretation of provisions
of the article 4 of the Constitution of the Republic of Kazakhstan in view of procedure of international organizations
and its bodies’ judgment execution.
Keywords:
interstate integration communities, Eurasian Economic Commission, international treaties, compulsory decisions, supranationalism.
INTERNATIONAL LAW AND NATIONAL LEGAL SYSTEMS
Reference:
Sazonova K.L. (2013). Concept of “International State Crimes”
as the Basis of International Responsibility:
Comparative Analysis of the Doctrinal Positions. Journal of Foreign Legislation and Comparative Law, 3, 460–465. https://en.nbpublish.com/library_read_article.php?id=63169
Abstract:
This article devotes to the one of the most controversial concepts of comparative international law — the
concept of “international state crimes”. The author examines the views of representatives of both domestic and foreign
schools of international law concerning this concept, and highlights key issues and controversial aspects. The article
also contains the analysis of the Report of the International Law Commission “Responsibility of States for Internationally
Wrongful Acts” of 2001. The special attention is devoted to the category “serious breach of an obligation arising under
a peremptory norm of general international law”. The author assesses the applicability of the concept of “international
state crimes” to the existing international realities in the context of the frequent use of force in international relations.
Moreover, the author analyzes what kind of responsibility can be realized by state which committed serious breach of
international norms; examines the forms and types of international responsibility of states, and also compares the positions
of the various researchers upon this issue. The problem of international responsibility of states for the use of force
is also important because, despite its obvious relevance, in the domestic doctrine in recent years there has been a lack of
publications upon this theme, especially in comparison with the western doctrine.
Keywords:
comparative law, crime, state responsibility, force, doctrine, offense, genocide, aggression, law.
CRIME CONTROL
Reference:
Suleimanova S.T. (2013). Determination and Purposes
of Punishment in Canadian Criminal Law. Journal of Foreign Legislation and Comparative Law, 3, 466–473. https://en.nbpublish.com/library_read_article.php?id=63170
Abstract:
Analysis of aspects and purposes of punishment is a very acute issue. According to it criminal law of Canada
has special practical and theoretical interest. Success in reforms of criminal legislation of Canada should be examined
attentively in view of possible implementation of Canadian positive experience. The author has used some special methods:
historical and logical methods, case-method, based on documentary examination of criminal cases. The article
examines the evolution of punishment purposes in Canada. Restorative justice is used actively in Canada. The basic purposes
of punishment are constituted in the Criminal Code of Canada because of its reformation. The research is resulted
in possibility of implementation of some Canadian regulations in Russian legislation.
Keywords:
Comparative law, punishment, restorative justice, purposes, respect of law, isolation, contribution of harm, criminal prevention.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Artemyeva Y.A. (2013). Comparative Legal Experience
of Judicial Protection of Taxpayer
in Russia and Foreign Countries. Journal of Foreign Legislation and Comparative Law, 3, 474–479. https://en.nbpublish.com/library_read_article.php?id=63171
Abstract:
Procedures of taxpayer appeal on readjudication of the judgment to supervision authorities in order of administrative
appeal and to judicial authorities are analyzed in the article. Activity of the special tax and financial courts on
consideration of tax disputes is examined.
The necessity of application of foreign countries experience in the field of judicial defense of taxpayers in case of perfection
of tax and arbitration legislation in Russia is justified.
Keywords:
tax disputes, taxpayer, tax authorities, tax courts, solution of disputes, administrative appeal, defense of taxpayers’ rights, comparative legal analysis.
SOCIAL POLITICS AND LAW
Reference:
Paryagina O.A. (2013). Collective Contracts and Treaties
in Labour Code of Mongolia. Journal of Foreign Legislation and Comparative Law, 3, 480–486. https://en.nbpublish.com/library_read_article.php?id=63172
Abstract:
The article contains the comparative legal analysis of the regulations of the collective contracts and treaties in
the Labour Code of the Mongolia and in the Labour Code of the Russian Federation. The attention is paid to the problem
and positive legal norms regulating collective contracts and treaties and correlation between the collective and individual
labour contracts in the Labour Code of the Mongolia.
Keywords:
Labour Code of the Mongolia, collective agreement, collective treaty, labour contract, employees, trade unions, employers representatives.
ENVIRONMENTAL PROTECTION
Reference:
Ryazanova M.A. (2013). International Legal Aspects of Bilateral
and Multilateral Cooperation
of the Russian Federation in the Sphere
of the Protection and Use
of Transboundary Watercourses. Journal of Foreign Legislation and Comparative Law, 3, 487–490. https://en.nbpublish.com/library_read_article.php?id=63173
Abstract:
The article devotes to an analysis of the current practice of bilateral international agreements on joint use
and protection of transboundary watercourses between Russia and neighboring countries. The particular importance
of Russian-Azerbaijani cooperation on the Samur River is noted. Outstanding issues of the legal regime of joint use of a
number of rivers, such as the Irtysh, Ural, Seversky Donets, Western Dvina and Neman are also identified. The positive
and possible problem aspects of Russia’s accession to the important multilateral agreements — the Espoo Convention and
Protocol on SEA and also the Aarhus Convention are examined.
Keywords:
international cooperation, transboundary watercourse, rational use, impact assessment, environmental information.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Grigoriev A.V., Leschenkov F.A. (2013). Realization of Human Right to Take Part
in Governance through
“E-Government” Concept
in the Russian Federation and Germany. Journal of Foreign Legislation and Comparative Law, 3, 491–498. https://en.nbpublish.com/library_read_article.php?id=63174
Abstract:
The current article represents realization of citizens’ right to participate in government by the means of a brand
new form of correlation between public administration and citizens — the electronic government. The authors examine
the process of social informatization, as it serves as the basic condition of proper development of informational relationships
between government and society. The scientific analyze includes research of Russian and German experience in the
field of E-government concept. Potential of E-government as an instrument of realization of citizens’ right to participate
in public management is revealed. The authors distinguish concepts of open government and electronic government and
debate upon perspectives of E-government development.
Keywords:
E-government, open government, human rights, informatization, information, constitution, IT, realization of rights, Russian Federation, Federal Republic of Germany.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Mits D.S. (2013). Framework of Constitutional
and Legal Regulation in the Sphere
of Combating Illegal Encroachment
on the Constitutional Order:
Values and Mechanisms. Journal of Foreign Legislation and Comparative Law, 3, 499–519. https://en.nbpublish.com/library_read_article.php?id=63175
Abstract:
Constitutional values and the constitutional and legal mechanisms on issues related to combating illegal encroachment
on the constitutional order are analyzed in this article. Author notes details of the legislation in several states
on the issues under study.
Keywords:
enmity and hatred, extremism, terrorism, the protection of the constitutional system, constitutional values, constitutional and legal mechanisms.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Andrushchak O.L. (2013). Problems of Administrative Liability
of Legal Persons for the Violations
in the sphere of Share Market
of Ukraine. Journal of Foreign Legislation and Comparative Law, 3, 520–525. https://en.nbpublish.com/library_read_article.php?id=63176
Abstract:
This article deals with the question concerning the possibility for a legal person to be subject to administrative
liability for the violations at stock market of Ukraine. The norms of current law of Ukraine have been analyzed and a brief comparison study with the legislature of Russian Federation was held in order to achieve a stated objective. The main
views and works of the scientists dealing with the regulation of this issue have been examined in this article.
The conclusion of the article states the necessity for amending current Code of Ukraine on administrative violations concerning
clear definition of natural and legal persons to be subject to administrative liability, in particular, at shares market
of Ukraine, and for providing a legislative framework for the procedure of bringing legal persons to responsibility.
Keywords:
comparative law, legal person, natural person, share, securities, administrative liability, subject, violation, code, amend.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Khodyrev A.A. (2013). Legal Status
of the British Public Corporations
in the Era of “Non-Transparent
Administrative State”. Journal of Foreign Legislation and Comparative Law, 3, 526–531. https://en.nbpublish.com/library_read_article.php?id=63177
Abstract:
The article deals with organizational forms of interaction occurring between various executive bodies of Great
Britain and British civil society. Special attention is paid to cooperation between various administrative authorities and
the private sector of national economy. Detailed analysis is focused on public corporation, public authority and, especially,
QUANGOes. The author argues that emergence and consolidation of the institute of QUANGO within the British
system of executive power is in the interest of the British political class in the first place. The interests of civil society are
here only of secondary importance.
Keywords:
public corporation, public authority, QUANGO, executive body, administrative authority, civil society, political responsibility, administrative liability.
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