TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Andrichenko L.V. (2014). Current Model and the Mechanism of Separation
of Powers between the Federal Authorities and State
Authorities of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 2, 172–187. https://en.nbpublish.com/library_read_article.php?id=65140
Abstract:
The article discusses the current trends of separation of powers between the state authorities of the Russian Federation,
bodies of state power of subjects of the Russian Federation and local authorities. The assessment of established criteria,
methods, principles and mechanisms of distribution of powers which are embodiment in the federal practice. Attempts to
identify the challenges to prevent further development of federation in the implementation of federal governance are given.
Keywords:
federation, subjects of the Russian Federation, public authorities, the delineation of powers, the principle of subsidiarity, centralization, decentralization, legislation.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Burinskiene M., Petrakovskaya O.S. (2014). Legal Regulation of the Foundations
of Territorial Planning in Lithuania and Ukraine. Journal of Foreign Legislation and Comparative Law, 2, 188–195. https://en.nbpublish.com/library_read_article.php?id=65141
Abstract:
The article analyzes the transformation of approaches to territorial planning in Lithuania and Ukraine over the last
twenty years. The main accent is made on legal regulation of methods and problems of territorial planning which were changed
in new socio-economic conditions of both countries. To ensure the sustainable development of territories in the natural, social,
technological, economic environment, it is important to find and secure such approach to development which will ensure the
quality of life and reduce the negative impact on the environment. The article provides a comparative analysis of the planning
documentation in Lithuania and Ukraine over the last 20 years, although the basis of territorial planning in both countries were
based on an integrated approach of urban planning school of the Soviet period. Since 1991 each country develops new strategy
of territorial planning of in the conditions of new economic categories and a political orientation of development.
Keywords:
territorial planning, designing, the town-planning documentation, the general layout, the detailed plan, transformation, levels of territorial planning, local (municipal) level, public hearings, publicity.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Pilipenko A.N. (2014). Fundamental Principles of Public Control in France. Journal of Foreign Legislation and Comparative Law, 2, 196–202. https://en.nbpublish.com/library_read_article.php?id=65142
Abstract:
In this article, based on example of France, control is inspected as a system element of public authority in its core – the
bodies constituting the state. Public control has other dimensions within the organization and functioning of executive branch,
as well as the relationship «controller – controlled». But this hopefully, will make subject to the following publications.
Keywords:
constitution, power, control, president, parliament, government, differentiation of powers, people’s sovereignty, constitutional control, parliamentary control, the Constitutional Council, the State Council.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Sinitsin S.A. (2014). Closed List of Absolute Rights in Legislation and
Theory of Some States of Continent Europe. Journal of Foreign Legislation and Comparative Law, 2, 203–225. https://en.nbpublish.com/library_read_article.php?id=65143
Abstract:
The article considers legal content, the necessity of implementation, and the scope of the “closed number”
(Numerus clausus) principle in civil legislation on the example of civil law of the continental Europe countries (France,
Germany, Switzerland, Holland, Russia). The possibility of referring of Numerus clausus to individual, identifying characteristics
of some kind of subjective civil rights, including proprietary and absolute is researched by the author. The meaning of
Numerus clausus as empowerment in the method of civil regulation is proved. The validity of understanding of Numerus
clausus as a principle or as a sign of a certain kind of subjective rights is denied.
Keywords:
absolute rights, corporeal rights, closed list of corporeal rights, Numerus clausus.
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Merkulova T.A. (2014). New Civil Code of Hungary. Journal of Foreign Legislation and Comparative Law, 2, 226–233. https://en.nbpublish.com/library_read_article.php?id=65144
Abstract:
The article is about the new Hungarian Civil Code, which entered into force on March 2014 and replaced the Civil
Code of 1959 that has been in force for more than 50 years. The new Civil Code is a code of laws which introduces several
new provisions and significant changes. For example, the very structure of the new Civil Code is different, it consists of 8
volumes, and it incorporates the provision of family law. Besides, the new Civil Code introduces some important changes in
the field of comparative law. It contains provisions on corporate law that were regulated in a separate act. Now norms on
corporate law are incorporated into the new Civil Code as a part of its volume on legal persons. An important provision of
the new Civil Code is the allowance to business partners that they are free to agree on the rules, concerning the functioning
and the operation of the company.
Keywords:
Civil Code, comparative law, corporate law, legal person, contracts, declaration of will, law of domestic relations, last will, law of property, business.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Butler W. E. (2014). Fragments of Forward History of Comparative Law. Journal of Foreign Legislation and Comparative Law, 2, 234–237. https://en.nbpublish.com/library_read_article.php?id=65145
Abstract:
The subject of the article, suggested to readers, is a periodization of science of comparative law, the birth of
which the author refers to the days of Roman law action. Particular attention is paid to the works of Sir Robert Wiseman,
a prominent English lawyer, who considered Roman law as the highest achievement of legal science and is pointing it in
his works. An example of this 17th-century scholar, the author shows that comparative law existed long before the 19th
century, the middle of which is considered as the beginning of the birth of this science. The author of present research uses
comparative legal method, showing the formation of Roman law and its subsequent impact on world legal systems. The
author concludes that there is plenty of evidence of the existence of comparative law long before the mid-19th century
(the official date of birth of the science), which had been ignored by scientists for a long time. But these "fragments" deserve
the most attention. These scientists were pioneers of comparative jurisprudence, and because of them comparative
law took its rightful place among other legal institutions.
Keywords:
legislation harmonization, international law, the international contract, a trust, a confidential property, comparative jurisprudence, escrow, adaptation, the international private law, the Russian law.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Antonov V.F. (2014). Formation of the Doctrine of Good Tempers
in Foreign Law Systems. Journal of Foreign Legislation and Comparative Law, 2, 238–243. https://en.nbpublish.com/library_read_article.php?id=65146
Abstract:
In the present article the history of occurrence and legislation development about good tempers in foreign laws
and orders is investigated. The historical analysis shows that in the western countries under the influence of kind customs
the professional and ethical standards of the behavior which have defined development of many modern legal institutes
were generated. The acts defining functioning of modern legal systems are investigated. In research historical preconditions
of formation of the doctrine of good tempers in foreign laws and orders are reflected. On an example of concrete acts
seems influence of historically developed concept of good tempers on various branches of the legislation. It is represented
in the conditions of political and economic instability good tempers are capable to render stabilizing influence on public
and business life, to create steady regulators of social behavior in various law and order sphere.
Keywords:
the civil legislation, the democratic rights, the constitution, moral ethical standards, responsibility, legislative restrictions, the right, civil turn, legal principles.
Reference:
Petrova E.A. (2014). Treaties in Law Systems of Russia and the United States:
Comparative Legal Analysis. Journal of Foreign Legislation and Comparative Law, 2, 244–253. https://en.nbpublish.com/library_read_article.php?id=65147
Abstract:
The object of research is specificity of action of norms of the international contracts in national legal systems on
an example of Russia and the USA acts. Taking into account the basic concepts of the relationship between international
and domestic law (monistic and dualistic) the mechanism of action of self-executing treaties and non-self-executing treaties
of the international treaties during the regulation of relations within the domestic jurisdiction of the state. The article
also analyzes the issues relation to the validity of treaty rules and domestic laws, in particular, the constitutional norms
and standards laws (statutes).
Keywords:
international law, the Russian legal system, legal system of the USA, self-executing treaties, the monism theory, the dualism theory, a case law, the statute right, the constitution, implementation.
Reference:
Balkhaeva S.B. (2014). On Notion «Coming into Force of International Treaties»
in the Doctrine of International Law. Journal of Foreign Legislation and Comparative Law, 2, 254–259. https://en.nbpublish.com/library_read_article.php?id=65148
Abstract:
The author researches features of interpretation of coming into force of bilateral and multilateral international
treaties. Different ways of coming into force according to the same international treaty are considered. The author justifies
the thesis that coming into force should be considered not only as the moment but also as process.
Keywords:
international law, multilateral international treaties, entry into force, Vienna Convention on the Law of Treaties.
TOPICAL ISSUES OF INTERNATIONAL PRIVATE LAW
Reference:
Vlasova N.V., Tsirina M.A., Muratova O.V. (2014). Problems of Unification of Private International Law
in the Modern World. Journal of Foreign Legislation and Comparative Law, 2, 260–271. https://en.nbpublish.com/library_read_article.php?id=65149
Abstract:
In the article the review of research and practice conference of «Problems of unification of international private law
presented in the modern world», taking place on November, 13 2013 in Institute of legislation and comparative jurisprudence at
Government of Russian Federation. Within the framework of conference the value of development of unitization of right came
into question in the modern terms of international cooperation, the basic lines of internationally-contractual and non-state unification
of international private law were educed, the role of the International institute unification of international private law
(UNIDROIT) and International Chamber of Commerce is analysed in creation of the uniform adjusting, the features of regional
unification of international private law are marked within the framework of the European union, CIS and EVRAZES. The participants
of conference appealed to consideration of problems of unitization of separate institutes of private law (purchase-sale,
representative office, concession of right in an action, motor-car and air transportation, beneficiary possession).
Keywords:
international private law, unification, integration, harmonization, UNIDROIT, foreign investments, international haulage, mediation, EVRAZES.
TOPICAL ISSUES OF INTERNATIONAL PRIVATE LAW
Reference:
Kanashevsky V.A. (2014). Private International Law Aspects
of Mergers and Acquisitions. Journal of Foreign Legislation and Comparative Law, 2, 272–277. https://en.nbpublish.com/library_read_article.php?id=65150
Abstract:
The author analyzes the issues of conflict of law regulation of M&A contracts in Russia, examines the notion and
characteristics of such contracts, gives the examples of consideration of the disputes arising from M&A agreements from
Russian case law and arbitration practice.
Keywords:
mergers and acquisitions, conflict of law regulation, applicable law, super-imperative rules, limited liability company, joint stock company, arbitrability of corporate disputes, form of the contract, English law, warranties and representations.
Reference:
Sobolevskaya U.V. (2014). Potential of the Sociology of Law. Journal of Foreign Legislation and Comparative Law, 2, 278–287. https://en.nbpublish.com/library_read_article.php?id=65151
Abstract:
The article is devoted to the problems of the development of sociology of law. The author presents approach to
study the history of sociology of law. The author provides an overview of the sociological concepts of law.
Keywords:
status of sociology of law, sociological concepts of law, sociological tradition, tradition of the right, social integration, interests in the law, the issue of behavior in the law.
Reference:
Zhujkov V.M. (2014). Comparison of Domestic and Foreign Legal
Regulation of Environmental Relations. Journal of Foreign Legislation and Comparative Law, 2, 288–293. https://en.nbpublish.com/library_read_article.php?id=65152
Abstract:
In the conditions of world ecological crisis before all mankind it is necessary to construct the "green" economy
based on without waste or low-waste technologies that, certainly, weakens anthropogenous loading. The different states
of the world achieve these results by different ways and with varying degrees of success. Because of process of transfer
of hazardous industries and the whole fund of a dangerous waste from the leading states of Western Europe and North
America to the BRIKS countries (Brazil, Russia, India, China, the Republic of South Africa), ecological risks essentially grow
in the latter mentioned group of the countries. However for overcoming of ecological crisis the society and the state need
to develop the adequate legal response. On the assumption of the study, the author presents two basic conditions to overcome
the ecological crisis: ensuring democratic procedures during the development of environmental decision-making,
formation of economically viable conditions for the protection of nature.
Keywords:
ecological crisis, green economy, ecological democracy, bassein principles, green plantings, dot building, underground waters, suburbs, the megacenters, green corners.
Reference:
Pimenova O. I. (2014). Subsidiarity as a Principle of the Exercise
of the Legislative Power of the European Union
in the Area of Environmental Protection. Journal of Foreign Legislation and Comparative Law, 2, 294–305. https://en.nbpublish.com/library_read_article.php?id=65153
Abstract:
The author of the article studies the role and place of subsidiarity principle in the legal process of exercising
legislative powers by the European Union in the area of environmental protection. It is explained how the supernational
environmental policy becomes a practical tool; and also attention is focused on cross-border aspects of environmental
issues that need to be regulated at the supernational level and legal instruments used by EU institutions while exercising
appropriate supernational legislative functions. The author analyzes court decisions and directives of the European Union
related to environmental protection. She points out that legal instruments used by the EU to reach the same high level of
environmental protection in the territories of its member states are effective.
Keywords:
comparative law, European Union, subsidiarity principle, competence, environmental protection, directive, implementation.
PAGES OF HISTORY OF STATE AND LAW
Reference:
Bekhruz Kh. (2014). On the Influence of Roman Law on Islamic Law:
Some Conceptual Reflections. Journal of Foreign Legislation and Comparative Law, 2, 306–313. https://en.nbpublish.com/library_read_article.php?id=65154
Abstract:
The article investigates the question of character and degree of impact of the Roman law on the Islamic law in
context of the functioning of legal doctrines, sources and also structure of law. The forms of such influence have been analysed.
It is noticed that certain provisions, principles and norms of the Roman law have rendered both dirrect, and indirect
influence on formation of separate provisons of the Islamic law. It is specified on strengthening of such influence, since XIX
century, when direct reception of the norms and institutes of the romano-germanic law generated under direct influence
of the Roman law, took place. The direct reception of the provisions of the Roman law is not at issue. Some of them have
been included as a result of the islamization of the established legal practice through the acceptance of the norms which
do not contradict to the substantive provisions and principles of the Islamic law.
Keywords:
Roman law, Islamic law, borrowing, legal reception, legal tradition, Roman jurisprudence, Islamic legal doctrine, legal sources, structure of law.
PAGES OF HISTORY OF STATE AND LAW
Reference:
Georgievskiy E. V. (2014). Customary Criminal Law of Ancient Germany before
the Formation of the First Barbarian Kingdoms. Journal of Foreign Legislation and Comparative Law, 2, 314–326. https://en.nbpublish.com/library_read_article.php?id=65155
Abstract:
The article discusses the genesis and formation of criminal law of old Germanic tribes which is expressed in the
main categories of criminal law – crime and punishment. Customary law of the ancient Germans, as a foundation for the subsequent formation of positive law are cumulative religious- legal imperatives which are geographically and ethnically
different. Universality at the given historical stage of the general approach to concept of the criminal supposed inseparability
of material and formal component in its content. The main forms of social coercion, such as prototypes of criminal
penalties were vendetta and ostracism.
Keywords:
ancient Germany, common law, crime, blood feud, exile, personal principle of the right, war, cowardice in fight, ferocity of barbarians, adulterous intercourse.
CRIMINAL LAW: PROBLEMS OF THEORY AND PRACTICE
Reference:
Semykina O.I. (2014). Modern Trends of the Development of the
Criminal Legislation on Economic Crimes
(Comparative Legal Research). Journal of Foreign Legislation and Comparative Law, 2, 327–338. https://en.nbpublish.com/library_read_article.php?id=65156
Abstract:
The article provides an analysis of the genesis of the criminal provisions on the responsibility for the economics
of crimes on the modern stage of development of the legislation of Russia and some foreign countries; the most relevant
trends of its modernization and compliance with international standards in this field of combating crime are revealed;
attempts to establish not only positive trends in the Russian criminal legislation of economics of crimes as regards their
compliance with foreign experience but also to determine certain negative prerequisite of such modernization are made.
Keywords:
economics of crimes, corruption, embezzlement of budget funds, bribery, illicit enrichment, trading in influence, forfeiture, exclusion from criminal liability, termination of criminal prosecution, criminal liability of corporate persons.
CRIMINAL LAW: PROBLEMS OF THEORY AND PRACTICE
Reference:
Vu Kuang Khuan, Fung Ngock Hai (2014). Trends and Main Lines of Combating
Organized Crime in Vietnam. Journal of Foreign Legislation and Comparative Law, 2, 339–346. https://en.nbpublish.com/library_read_article.php?id=65157
Abstract:
The article examines the conditions of organized crime in Vietnam in recent years. The relevance of this article
is determined by the crime situation in modern Vietnam, typical for countries in transition, when the introduction of the
reform started in various areas of society is accompanied by increased organized crime, which has both national and ethnic
character. The authors focused their attention on the serious growth of organized crime and general tendencies of its
development, giving reasons for its spread and factors greatly complicate the practice of combating organized crime in
Vietnam, as well as exploring the main activities carried out by the supreme state authorities in the fight against organized
crime. The article gives a forecast of trends in the development of organized crime in Vietnam in the near future, as well
as some recommended ways to eliminate this crime, which could improve the crime situation in Vietnam. All conclusions
and suggestions are based on the latest statistics and detailed analysis of existing Vietnamese legal acts and others (Vietnamese
and Russian) sources.
Keywords:
criminality, organized criminal group, criminal community, the organized crime, condition of the organized crime, organized crime tendency, organized crime counteraction, the criminality prevention, struggle against criminality, Vietnam.
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Ermoshin G.T. (2014). Judiciary and the Judge in the Republic of Estonia. Journal of Foreign Legislation and Comparative Law, 2, 347–359. https://en.nbpublish.com/library_read_article.php?id=65158
Abstract:
This article is the result of an analysis of the legislation on the judiciary and the status of judges in the Republic of
Estonia, which is part of the research of the organization of the legislation on the judiciary in the Baltic states that emerged
from the former Soviet Union after the collapse of the USSR. The way which these states passed after the separation from
the Soviet Union before joining the European Union, was marked by repeated changes of the legislation on the judiciary
and the status of judges in the Republic of Estonia. The result of these transformations, presented in this paper, is of undoubted
interest to account for it in the formation of modern Russian legislation in this area after the integration of the
Supreme Court and the Supreme Arbitration Court of the Russian Federation.
Keywords:
the status of the judge, court, judicial authority, the Estonian Republic, the judge of the Estonian Republic, the Law «About courtes», the judge in resignation, social security of judges, judicial administration, a personnel reserve of judges.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Demakov R.A. (2014). Legal Features of the Preparation of Concept of the
Bill and Technical Assignment for it`s Elaboration.
Comparative Legal Analysis. Journal of Foreign Legislation and Comparative Law, 2, 360–366. https://en.nbpublish.com/library_read_article.php?id=65159
Abstract:
The studying of drafting system of concept of the bill and technical assignment is conducted in the text of article
on the base of theoretical and practical data, also article includes the foreign experience analyze. Author proves the need
of some optimization in modern system of bill concept drafting in executive power organs activity, by the implementation
of comparative law matching the Russian acts, regulating the elaborating process of federal law concept with foreign
bill elaborating systems in the meaning of creating of resemblant concepts. The analyze of items of famous Russian and
foreign authors, published in periodical and monograph editions is implemented in article, it served as material for studying
the scientific doctrine in the field of bill concept creating, as a part of lawmaking process at all. The detailed review of
under-law act, regulating elaboration procedure of federal law project conception in the system of executive power was being conducted, on the base of it, some legal character suggestions, concerning the system of making concepts of bills
improving, are described in article. Significant scientific interest in the article is aimed on legal features of technical assignment
content part and also on some organizational and legal measurements of quality increasing of bill developer activity,
as a subject of lawmaking process.
Keywords:
Government of the Russian Federation, lawmaking activities, executive power, the bill, legislative idea, concept of the bill, normative act, technical assignment, the customer, developer, optimization.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Muratova O.V. (2014). Conflict of Interests of the Parties Cross-Border
Contractual Relations on Pre-Contractual Stage. Journal of Foreign Legislation and Comparative Law, 2, 367–371. https://en.nbpublish.com/library_read_article.php?id=65160
Abstract:
The article presents a comparative analysis of the legal regulation of the procedure for concluding international
commercial contracts between absent parties, i.e. by giving one side of the offer and its acceptance by the other party.
Various approaches to the definition of legal systems requirements and to put its review, acceptance, the time of concluding
the contract. In the field of cross-border trade, such differences can generate uncertainty in the position of the
contracting parties is at the very occurrence of the legal relationship between them, thus leading to undesirable conflicts
and disputes, and ultimately impede the normal process of commercial negotiations. This article shall be specially-legal
methods of scientific knowledge: formal-legal, historical, legal, comparative legal, structural and functional. Concludes
that in international commercial practice conflict of interest associated often with conflicts of jurisdiction, which is based
on differences in the legislation. Application of unification documents in this case provides a uniform regulation of international
commercial transactions and contribute to the development of contract law in the context of cross-border trade
exchange. Contacting international commercial practice to such documents as the Vienna Convention on Contracts for the
International Sale and Principles of International Commercial Contracts (UNIDROIT), allows not only significantly mitigate
legal differences in national legislations in the field of writing contracts with foreign contractors, but also eliminate the
conflict interests between the parties contractual relationship.
Keywords:
contractual relationship, the pre-contractual period, offer, acceptance, international commercial contracts, international harmonization, the Vienna Convention, the UNIDROIT Principles, conflict of interest, conflict of jurisdiction.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Andrusenko S.P., Wye E.M. (2014). Criminal-Law Protection of Victims
of Crime under the Laws of Germany. Journal of Foreign Legislation and Comparative Law, 2, 372–380. https://en.nbpublish.com/library_read_article.php?id=65161
Abstract:
The article examines the criminal protection of victims of crime in Germany. It considers the institute of criminal
punishment by which social justice is restored. It analyzes the provisions of German law and legal theory that can be put
into perspective by the reception of German law in Russia.
Keywords:
punishment, victim, compensation, retribution.
Eng
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