Reference:
Khabrieva T.Y. (2014). Harmonization of Legal System of the Russian Federation
in the Conditions of International Integration: Challenges
of Contemporaneity. Journal of Foreign Legislation and Comparative Law, 1, 4–15. https://en.nbpublish.com/library_read_article.php?id=64835
Abstract:
The processes of harmonization of national legal systems, which are developed in two directions: "horizontally" –
in various forms and mutual interpenetration of national legal systems, and "vertically" – through the implementation and
other forms of realization of legal acts of the universal, regional, inter-regional, subregional and international organizations
are examined in the present article.
Particular attention is paid to issues of legal harmonization in the forming Eurasian Economic Union, as well as other integration
associations with the participation of Russian Federation.
Keywords:
law, national legal system, legal harmonization, international organizations, integration associations, the Eurasian Economic Union.
Reference:
Esin Örücü (2014). Perception of Widespread: Four Rounds of Widespread
Perceived in the Turkish Legal System. Journal of Foreign Legislation and Comparative Law, 1, 16–29. https://en.nbpublish.com/library_read_article.php?id=64836
Abstract:
The article is about two theories of perception of scientific knowledge: the diffusion and the infusion. It considers
with four stages of integration of abovementioned scientific theories to the legal system of Turkey.
Keywords:
theory, practical experience, concepts, analysis, theoretical approach, diffusion of law, infusion of law.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Lafitsky V.I. (2014). Secession in the Modern World: Constitutional Law
and International Law Aspects. Journal of Foreign Legislation and Comparative Law, 1, 30–33. https://en.nbpublish.com/library_read_article.php?id=64837
Abstract:
The article describes constitutional law and international law aspects of secession and the form of a partial
breakup of a state, separation of certain territorial units forming their own statehood or joining other states. It analyses
the main features of secession and reveals the problems which ought to be solved in the constitutional law and international
law perception and development of this phenomenon of the modern world.
Keywords:
secession, territorial units, right of peoples to self-determination, constitutional limits, international law guarantees and solutions.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Nematov A.R. (2014). Legislative Initiative and Forms of its Realization
According to the Constitution of the Republic of Tajikistan
and of the Russian Federation (comparative-legal analysis). Journal of Foreign Legislation and Comparative Law, 1, 34–43. https://en.nbpublish.com/library_read_article.php?id=64838
Abstract:
Realization of legislative initiative by lawmakers according to the Constitutions of the Republic of Tajikistan
and the Russian Federation is the subject of present article. In the article are drawn parallels between subjects of legislative
initiative of Tajikistan and Russia and specifies variety of forms of realization of the legislative initiative. In the
Constitutions of the Republic Tajikistan and the Russian Federation are confirmed almost identical structures of subjects
of legislative initiative, but there is some specificity. Difference of structures of subjects of legislative initiative is
also traced in forms of its realization in above-named countries. During research were used such methods of scientific
knowledge as a rather-legal method, sociological, statistical; made analysis allows to make some conclusions. First, the
legislative initiative consists of set of legal relationships which are directed on regulation of relations arising in occasion
of introduction and mandatory consideration of the bill in Parliament. These relationships arise between Parliament on
the one hand and subjects of legislative initiative on the other. Secondly, set of subjects of legislative initiative and forms
of its realization are caused by form of state structure, form of government and legal system of state. In the third, the
right to act as s subject of legislative initiative have: authorities represented by parliament, heads of state and government,
local and/or regional representative bodies, highest judicial bodies in some countries. This right is confirmed at
the constitutional level. Fourthly, at the present time in conditions of democratization of all spheres of public life it is required
to extend the set of subjects of legislative initiative and to include also citizens and institutions of higher Judicial
authorities of the country (in practice of Tajikistan – the Supreme Court and the Supreme Economic Court).
Keywords:
legislative initiative, the Republic of Tajikistan, the Russian Federation, the Constitution, lawmaking, subjects of legislative initiative, public initiative, legislative initiative of court, parliament, executive body.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Gaidaenko Sher N.I. (2014). Application of UNIDROIT Principles and ICC
Principles to Facilitate Commercial Negotiations
for International Commercial Contracts. Journal of Foreign Legislation and Comparative Law, 1, 44–48. https://en.nbpublish.com/library_read_article.php?id=64839
Abstract:
UNIDROIT Principles of International Commercial Contracts can be used as a guidance for drafting contracts.
First of all, they set up standards of behavior in international commercial relations that the parties voluntarily undertake to follow. Compliance with principles accepted and recognized by all parties is important for negotiation of the contractual
terms as well. International Chamber of Commerce has worked out 11 Principles to facilitate commercial negotiations in
order to contribute to the creation of the environment favorable for negotiation and formulation of mutually advantageous
realistic obligations by the parties. ICC Principles are analysed in the article in their comparison with UNIDROIT
principles. The author comes to the conclusion that both sets of rules enrich and complement each other and their use may
positively affect the development of international commercial relationship.
Keywords:
UNIDROIT Principles 2010, ICC Principles to facilitate commercial negotiations, fair trade practice, good faith, reasonable behavior.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Semilutina N.G., Solovieva S.V. (2014). Legal Regulation of Collective Investments Schemes
under the Legislation of the Great Britain and the USA. Journal of Foreign Legislation and Comparative Law, 1, 49–55. https://en.nbpublish.com/library_read_article.php?id=64840
Abstract:
The article is about study of legal regulation of collective investments schemes in the Great Britain and the USA. Last
time legislators of the Great Britain and the USA pay a lot of attention to collective investments. This article deals with traditional
and new collective investments schemes in the Great Britain and the USA. Together with forms directed to attraction of means
of indefinite number of potential investors, in the Great Britain and the USA forms, which were traditional for involvement of
workers to the system of collective accumulation and saving of property, are actively developed. In the Great Britain such forms
are: building societies, industrial and provident societies, friendly societies, in the USA – investment real estate trust fund.
Keywords:
investment found, collective investments schemes, investment fund, management company, unit trust, securities, financial services, small business investment company, investment declaration, open ended investment company.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Sinitsin S.A. (2014). Absolute and Proprietary Rights According to the
Civil Law of Hungary: the Doctrine and the Legislation. Journal of Foreign Legislation and Comparative Law, 1, 56–57. https://en.nbpublish.com/library_read_article.php?id=64841
Abstract:
The article considers issues of legal regulation and issues of research of absolute and proprietary rights. Issues of legal
regulation of absolute and proprietary rights in the legislation and in the theory of civil law of Hungary are studied. Using the
example of the Hungarian civil legislation and the Hungarian law doctrine, the notion of absoluteness as an indicia of proprietary
rights, absoluteness as an indicia inherent both to the right of ownership and to limited proprietary rights are considered.
Keywords:
property rights, absolute rights, limited property rights, ownership, right of pledge, proprietary right of Hungary, subjective rights, liability rights, civil law of Hungary, legal relationship.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Obolonkova E.V. (2014). Confiscation and Nationalization: National Legislation
and the Experience of Foreign Regulation (Republic
of Kazakhstan Experience). Journal of Foreign Legislation and Comparative Law, 1, 58–70. https://en.nbpublish.com/library_read_article.php?id=64842
Abstract:
The subject of research is the acquisition by the state of private property, and its specific types such as confiscation
and nationalization. The author examines the regulation of these ways of withdrawal of property from a private owner in
the Russian legislation and makes the conclusion about insufficiency of the rules governing these relations, which leads to
problems in law enforcement. Meanwhile, the legislative experience of other states, namely the Republic of Kazakhstan (Law
of the Republic of Kazakhstan "On State Property") suggests a way out of the situation. In the course of the research were
used: method of system analysis and dialectical method; legal analysis; the method of comparative law; the analogy method;
the logical method, historical method. On the basis of the analysis of current Russian legislation, literature, judicial practice
and legislation of the Republic of Kazakhstan, the conclusion about the need to adopt special law on seizure of property from
private persons and his transfer to state property, namely, requisition, expropriation and confiscation of property for the
state needs was made. Possible structure and content of this law, which shall contain, in particular, protection of rights of the
owner is sujested. Possible is also a separate law for each of these ways of acquisition of property rights by the state.
Keywords:
nationalization, requisition, a way of confiscation of property, the purchase of state property, adequate compensation, just satisfaction, for the state needs, guarantees of the rights of investors, damages, the requisition of investments.
Reference:
Morozov P.E. (2014). Influence of the International Labour Organization
Conception of Decent Work on Afghanistan Labour
Legislation Development. Journal of Foreign Legislation and Comparative Law, 1, 71–76. https://en.nbpublish.com/library_read_article.php?id=64843
Abstract:
The article is devoted to the acute problems of influence on Afghanistan legislation of the International Labour Organization
program of decent work. The author highlights that significant changes in Afghanistan labour law influenced by the International
Labour Organization conception of decent work are realized first of all in legal regulation of working time and labour protection.
It is mentioned that difficulties of International Labour Organization conception of decent work realization in Afghanistan are
determined by the necessity of reformation of labour legislation on the one hand and economic determination of legal regulation on
the other hand. Labour law reform in the country is a result of implementation of international labour standards. The methodology
of research includes follow levels: philosophical, general scientific and branch method, which involve the comparative legal method
as a basic. Scientific novelty of the article is concluded in analysis of changes in labour legislation of Afghanistan on the base of the International Labour Organization conception of decent work was made in new scientific level. Analysis of current Afghanistan labour
legislation changes allows to conclude that the realization of the International Labour Organization conception of decent work
led to significant changes first of all in legal regulation of working time and labour protection, legal status of employees has been
enlarged by addition of new group of rights and guaranties of its realization, protection function of labour law of Afghanistan has
been enhanced, the significant influence of Labour Code of the Russian Federation is appeared in some aspects of legal regulation.
Keywords:
conception of decent work, International Labour Organization, labour legislation of Afghanistan, employer. Employee, working time, labour protection, Law on Labour, reform, social protection.
Reference:
Seregina L.V. (2014). Tendencies of the Development of Legislation Regulating
Labour Protection Relations in the CIS Member-States. Journal of Foreign Legislation and Comparative Law, 1, 77–84. https://en.nbpublish.com/library_read_article.php?id=64844
Abstract:
The article explores the major stages of the development of the legislation of the CIS member-states which regulates
labour protection relations. The author analyses the changes of the approaches towards regulating labour protection
in the CIS member-states at different periods of time and argues that there have recently appeared certain discrepancies in
the lagal regulation of the said relations in the CIS member-states in spite of the fact that within the CIS there are numerous
acts aimed at harmonizing the provisions regulating labour protection relations.
The article may be of interest to a wide circle of readers interested in the problems of the legal regulation of labour protection.
Keywords:
labour protection, management of labour protection, professional risks.
CORRUPTION MANAGEMENT
Reference:
Sidorenko E.L. (2014). Anticorruption Standards of the OECD and its
Implementation in National Criminal Law
(Experience of Third Evaluation Round). Journal of Foreign Legislation and Comparative Law, 1, 85–88. https://en.nbpublish.com/library_read_article.php?id=64845
Abstract:
The article presents the results of research of experience of some European countries on the third evaluation
round of national criminal and administrative legislation on its conformity with anticorruption standards of the OECD. The
deep analysis of recommendations made by the Anticorruption Work Group of the OECD in final evaluation round of legislative
expertise of some countries allows to predict the third evaluation round results of the Russian Federation, to have
clear image of anticorruption policy of OECD character and to objectively estimate the opportunities of Russia to become a
member of this organization. The comparative legal method, system method, prognostic method and documental method
were laid down in the base of research. The author also implemented the cybernetic, declarative, linguistic methods and
methods of expert inquiry and other scientific methods. The article defines the priorities of anticorruption policy of OECD,
offers the comparative analysis of criminal law of European countries through the implementation of the OECD Work
Croup recommendations, determines the strategies of Russian criminal legislation development and highlights the importance
of creation of unique legal space on the international level for countering corruption.
Keywords:
OECD, bribery, illegal gratification, corruption, international cooperation, criminal liability, officer, international organization, sanctions, Convention.
CORRUPTION MANAGEMENT
Reference:
Sevalnev V.V. (2014). Combating Corruption: PRC’s Experience. Journal of Foreign Legislation and Comparative Law, 1, 89–96. https://en.nbpublish.com/library_read_article.php?id=64846
Abstract:
Current issues of combating corruption in the People's Republic of China are considered in the article. The author proposes
a periodization of combating corruption in China, the comparative analysis of anti-corruption laws of the People's Republic of China
and the Russian Federation and the bodies authorized to fight against corruption in both countries is given. The author concludes
that the Russian Federation has already formed a comprehensive legal regulation of combating corruption, so on technicalities the
Russian anti-corruption legislation is more developed in comparison with China. At the same time, the author notes the relative
success of the Chinese experience in combating corruption and concludes that it is permissible to be used in the Russian Federation.
Keywords:
combating corruption, anti-corruption laws, legal regulation, information portal, PRC
CRIMINAL LAW: PROBLEMS OF THEORY AND PRACTICE
Reference:
Musaelyan M.F. (2014). Qualified Circumstances of a Terrorist Act:
the Interpretation, Qualification, Improvement
(Comparative Legal Analysis). Journal of Foreign Legislation and Comparative Law, 1, 97–109. https://en.nbpublish.com/library_read_article.php?id=64847
Abstract:
The following article gives the research of the problem of qualified features of the act of terrorism on the basis of
comparative criminal-legal analysis of the article 205 of the Criminal Code of the Russian Federation with the articles determining
legal action against terrorism (act of terrorism) of the model criminal code and the criminal code of CIS countries.
Keywords:
Terrorism, comparative, criminal, terrorist, act, features, qualification, improvement, interpretation, CIS.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Seleznev V.A. (2014). Particularities of the Mediation Institute in the Law
of the Near Abroad States. Journal of Foreign Legislation and Comparative Law, 1, 110–116. https://en.nbpublish.com/library_read_article.php?id=64848
Abstract:
The article considers some problems connected with the mediation application as the most requested way of
alternative dispute resolutions, as well as the mediation law regulation particularities in the near abroad states – the Republic
of Belarus, the Republic of Kazakhstan, the Republic of Moldova.
The problem questions of definition and application of the national law new institution – mediation is corresponding of it’s
standards to native’s mental imaginations, negotiating culture definition, public trust to private mediators and court system
prestige. Analysis of problems and mediation institute application perspectives related with determination of correlation
between mediation and judicial remedy. Improvement of legislative acts about dispute resolution alternative methods,
particularly mediation, should be performed in accordance with public necessity of this dispute resolution method.
The tendency to dispute resolution in a judicial proceeding stipulates the advisability of providing a legislative framework
for this kind of conciliation procedures such as court reconciliation that will assist to increase the reliance of the conflict
parts to the dispute resolution procedure, social relationships harmonization.
Keywords:
alternative dispute resolution, mediation, principles of mediation, legal conflict, mediation agreement, civil procedure, enforcement proceedings, near abroad states, existing experience of foreign countries, judicial remedy.
Reference:
Kurbanov R.A., Shvedkova O.V., Belyalova A.M. (2014). Analytical Review of the Work of the 98th Plenary
Session of the European Commission for Democracy
through Law (Venice Commission). Journal of Foreign Legislation and Comparative Law, 1, 117–123. https://en.nbpublish.com/library_read_article.php?id=64849
Abstract:
The review of opinions and reports, which were discussed and adopted on 98th plenary session of the European
Commission for Democracy through Law (Venice Commission) is presented in the article. The most actual issues which
were considered on mentioned session are the Opinion on "Whether the decision taken by the Supreme Council of the
Autonomous Republic of Crimea in Ukraine to organize a referendum on becoming a constituent territory of the Russian
Federation or restoring Crimea's 1992 Constitution is compatible with constitutional principles" and the Opinion on
"Whether draft Federal Constitutional Law No. 46271–6 of the Russian Federation on the procedure of admission to the
Russian Federation and creation of a new subject within the Russian Federation is compatible with international law". Also
on the session there were adopted a numerous of opinions concerning the legislation of Bosnia and Herzegovina, Bulgaria,
Moldova, Montenegro, Kosovo.
Keywords:
Venice Commission, Council of Europe, plenary session, opinion, Russian Federation, Crimea, Bosnia and Herzegovina, constitution, draft law, electoral legislation, Moldova
Reference:
(2014). Conclusion of the Venice Commission CDL-AD(2014)002
"Whether the decision taken by the Supreme Council
of the Autonomous Republic of Crimea in Ukraine
to organize a referendum on becoming a constituent
territory of the Russian Federation or restoring Crimea's 1992
Constitution is compatible with constitutional principles". Journal of Foreign Legislation and Comparative Law, 1, 124–128. https://en.nbpublish.com/library_read_article.php?id=64850
Reference:
Khabrieva T.Y., Lafitsky V.I. (2014). Comments on the Draft Conclusion of the Venice Commission
on "Whether the Decision Taken by the Supreme Council
of the Autonomous Republic of Crimea in Ukraine
to Organize a Referendum on Becoming a Constituent Territory
of the Russian Federation or Restoring Crimea's 1992
Constitution is Compatible with Constitutional Principles". Journal of Foreign Legislation and Comparative Law, 1, 129–135. https://en.nbpublish.com/library_read_article.php?id=64851
Abstract:
The article presented the position of the representatives of the Russian Federation in the European Commission
for Democracy through Law on the issue of holding a referendum in the Republic of Crimea on the membership of the
Republic of Crimea as a subject of the Russian Federation.
Keywords:
European Commission for Democracy through Law (Venice Commission), conclusion of the Venice Commission, the Republic of Crimea, the Russian Federation, Ukraine, the referendum, the entry into the Russian Federation.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Smirnova M.G. (2014). Force Majeure in Russian, Foreign and International Law. Journal of Foreign Legislation and Comparative Law, 1, 136–142. https://en.nbpublish.com/library_read_article.php?id=64852
Abstract:
The existing Russian legislation, the domestic legislation of foreign countries and international law define the
category "force majeure" in different ways, and also apply different terms to definition of the specified circumstances. In
the present article was taken an attempt to make the comparative and legal analysis of the category "force majeure" at
different levels of rules of law, based on the current legislation, legal literature and court practice.
Keywords:
force majeure, superable force, emergency, civil liability, fortuitous event, UNIDROIT Principles.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Belyakova A.V. (2014). "Reasonable Time" and the Principle of Reasonableness
in the Laws of Some Foreign Countries. Journal of Foreign Legislation and Comparative Law, 1, 143–150. https://en.nbpublish.com/library_read_article.php?id=64853
Abstract:
This article discusses the principle of reasonableness in the European Union; analyzes legal category of " reasonable
time", and discusses the key points of the right to trial within a reasonable time in accordance with Article 6 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms, the ratio is defined with the principle
of reasonableness concept of "reasonable time" in Italy, France, Germany and Russia. Defined key stages of reforming civil
proceedings in Italy, France, Germany and Russia. Positive ways to overcome a lengthy trial on the example of Germany
are highlighted.Author analyzes the jurisprudence of the ECHR and the national courts in Russia.
Keywords:
Reasonable duration of the proceedings in the European Union, the principle of reasonableness, the accessibility of the European Court of Human Rights Law " Pinta", the principles of law.