Reference:
Khabrieva T.Y. (2014). Scientific Approaches to Research of Modern Standards
and Technologies of Counteraction Corruption. Journal of Foreign Legislation and Comparative Law, 3, 404–412. https://en.nbpublish.com/library_read_article.php?id=65358
Abstract:
The article is devoted to scientific approaches on realization of state anticorruption policy and systematization
of modern standards and technologies on counteraction corruption. The analysis of deep problems on realization of
international anticorruption standards and regional control and monitoring mechanisms is made. The dominate trends
of special and branch legislation on counteraction corruption development are revealed. Suggestions on perfection of
anticorruption legislation provisions are made on the basis of law enforcement practice analysis. The article suggests the
author’s classification of modern technologies on counteraction corruption and recommends the models of its perfection.
Keywords:
plan, standards, legislation, means, harmonization, technologies, approach.
Reference:
Plokhoy O.A. (2014). Main Trends of State Policy of the Russian Federation
on Counteraction Corruption. Journal of Foreign Legislation and Comparative Law, 3, 413–417. https://en.nbpublish.com/library_read_article.php?id=65359
Abstract:
The article is devoted to the main trends and stages of realization of the state policy of the Russian Federation
on counteraction corruption. The author researches organizational units of the counteraction corruption system and measures
on creation of atmosphere of non-acceptance of corruption by society, efforts to attract the social oriented organizations
for activity of interdepartmental anticorruption councils, working out of anticorruption educational programs. The
author highlights that the counteraction corruption measures in the Russian Federation have consecutive and complex
order in the state policy and made in accordance with the Constitution of the Russian Federation and coordinated by the
President of the Russian Federation. The author concludes that the basis of legal regulation of anticorruption policy in the
Russian Federation consists of the National Strategy on Counteraction Corruption, and revised National Anticorruption
Plans approved by the Decree of the President of the Russian Federation. The article reveals some discussion questions
including that the one of the problems to be solved is increase of the cooperation degree between the state authorities
and community – commercial, non-commercial, public, scientific organizations and mass media – on the subjects of the
Russian Federation level on the problem of counteraction corruption. In addition the article substantiates necessity of
working out and dynamic adoption of the own national anticorruption standards for business society which reflect peculiarities
of historically formed legal system of the Russian Federation.
Keywords:
corruption, socially dangerous act, counteraction corruption, state anticorruption policy, anticorruption standards.
Reference:
Mikhailov V.I. (2014). Some Models of Theoretical Supply of Anticorruption
Policy of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 3, 418–428. https://en.nbpublish.com/library_read_article.php?id=65360
Abstract:
The article is devoted to the scientific estimation of the main ways of the anticorruption policy of the Russian
Federation and its formation process. The content of the term “corruption” is analyzed on the basis of interdisciplinary approach
and the conclusion on complicacy of creation and usage of the one meaning term “corruption” as well as that the
definition of corruption as social phenomenon in a wide sense is outside of the scopes of legal researches and researches
in the other scientific disciplines is made. The article criticizes the initiatives on automatic inclusion of the international
acts provisions in the Russian legal system unless taking into account its specifics. In common it is made a conclusion on
actuality and correlation to modern needs of society of theoretical researches of the corruption definition, content of
corruption relations, subjects of these relations, mechanisms of counteraction corruption, which are based on the real
economic, social, cultural and legal regularities of the development of Russian society and legislation of the Russian Federation.
Keywords:
state policy, corruption, constitution, mechanism, ways, public official, acts.
Reference:
Fedorov A.V. (2014). Constitution of Criminal Liability of Legal Entities
as a Prognostic Trend of Russian Criminal Legal
Policy Development. Journal of Foreign Legislation and Comparative Law, 3, 429–433. https://en.nbpublish.com/library_read_article.php?id=65361
Abstract:
The article discusses issues related to the introduction of the criminal liability of legal persons to the Russian
Federation. In particular, the objective of the introduction of such liability is justified due to changes in economic relations,
transfer of role of the individual as a criminal to the wayside, and the increasing number of crimes committed in the name
of legal entities. Within the framework of the described widespread international practice of criminal liability of legal persons
the problems of the implementation of relevant international obligations of the Russian Federation's are disclosed.
Argues, pointing to the lack of effectiveness of the existing institution of administrative liability of legal persons are given,
as well as the possibility of its use as a theoretical basis for the relevant legislative decisions in the field of criminal law is pointed out. In conclusion of the article a lack of research of procedural aspects of criminal liability of legal persons is
stated. Raising issues concerning the introduction of criminal liability of legal persons is actualized by character of contemporary
international politics, aimed at tightening the liability of legal persons and the harmonization of national legislation
in this field, as well as the national policy of the Russian Federation, as evidenced by the approved by the President of the
Russian Federation the National Anti-Corruption Plan for 2014 – 2015.
Keywords:
criminal and administrative liability of legal persons, politics, international obligations, the OECD Convention, Criminal Law Convention on Corruption, the FATF.
Reference:
Nechaev V.P. (2014). FATF Goals in the Sphere of Counteraction Corruption. Journal of Foreign Legislation and Comparative Law, 3, 434–436. https://en.nbpublish.com/library_read_article.php?id=65362
Abstract:
The article deals with current issues of the FATF activity on combating corruption, which were presented by the
author to the general public during a speech at the 3rd Eurasian Anticorruption Forum “Modern Standards and Technologies
in Counteraction Corruption” held on 24-25 April 2014 in Moscow. The author focuses on the fact that the leading
countries of the world have joined forces in various international grounds in order to create effective tools to facilitate
the formation of corruption-free business environment. FATF develops global standards for combating money laundering
and financing of terrorism. The joint implementation of anti-money laundering and anti-corruption measures allows to
achieve significant results. Since 2011 the FATF has been holding annual meeting of experts in conjunction with G20 working
group on anti-corruption. The results of the joint work were reports and guidelines focused specifically anti-corruption
issues. According to the author view, the understanding the relationship between corruption and money laundering is
very important. Corruption and bribery generate a certain flow of cash, so various schemes in order to conceal the source
of their illicit origin are used.
The article emphasizes that only joint efforts and exchange of experience between the various international organizations,
local financial institutions and government agencies will allow the creation an effective global system of anti-corruption
in the modern world.
Keywords:
fight against corruption, FATF, G20, the system of counteraction to legalization (laundering) of money which proceeds from crime and terr, a financial institution.
Reference:
Marcou G. (2014). Opinions on Counteraction Corruption. Journal of Foreign Legislation and Comparative Law, 3, 437–441. https://en.nbpublish.com/library_read_article.php?id=65363
Abstract:
Among a range of measures aimed at combating corruption, the fundamental position, according to the author,
should take preventive measures. On this basis, the article analyzes the strategies to prevent and curb corruption. Among
these strategies, the author includes two. The first is based on the liberalization of the economy and the development of
competition. According to this strategy, there is a correlation between corruption and competition: increasing competition
could help reduce corruption. However, to provide such a correlation is not easy. Firstly, the liberalization of the market may
create conditions for corruption collusion, and secondly, it is necessary to take into account, that in many areas of public and
social life (for example education and health),it is impossible to organize the conditions for the development of full competition,
because such services can’t depend of the income or property of citizens. The second strategy is based on open management
of the community, in which citizens and their non-state entities may use different means of controlling the work of
the state bodies. The author devotes the most important position to the efforts of preventing the conflicts of interest; ensuring
transparency of administrative structures work; development of electronic technology. In conclusion, the author draws
attention to the fact that the effectiveness of the prevention of corruption is largely dependent on the ability of the investigating
authorities and the courts to identify and prove the facts of corruption offenses and impose appropriate sanctions.
Keywords:
anti-corruption policy, economic performance, competition, administrative procedures, public procurement, conflict of interest, electronic technologies, crime, legal liability.
Reference:
Tsirin A.M., Cherepanova E.V., Tulinova O.A. (2014). Review of the 3rd Eurasian Anticorruption Forum
“Modern Standards and Technologies in Counteraction
Corruption” (Moscow, April 24–25, 2014). Journal of Foreign Legislation and Comparative Law, 3, 442–462. https://en.nbpublish.com/library_read_article.php?id=65364
Abstract:
The work of 3rd Eurasian Anticorruption Forum “Modern Standards and Technologies in Counteraction Corruption”
held on 24-25 April 2014 by the Institute of Legislation and Comparative Law under the Government of the Russian
Federation in collaboration with the Accounts Chamber of the Russian Federation with the support of the State Duma of the
Federal Assembly of the Russian Federation is over. The Forum, which has become an annual event, was attended by over
350 representatives of government agencies, scientific and educational institutions in Russia and more than 20 foreign countries
(Abkhazia, Armenia, Belarus, Benin, Bulgaria, Burundi, Iran, Kazakhstan, Kyrgyzstan, China, Moldova, Nigeria, France,
Ukraine and others). Forum participants discussed the role of international organizations in the search for the optimal technology
of anti-corruption, problems of implementation of the requirements of international anti-corruption instruments
into national legislation, the scientific basis of measuring the level of corruption, the modern technology of combating corruption and problems of its implementation, standards of combating corruption in the contract system and other issues. In
the framework of the Forum speakers focused their attention on bringing together efforts of the leading countries in various
international grounds in order to create effective tools to facilitate the formation of corruption-free environment.
Keywords:
corruption, standards, technologies, financial control, monitoring, education, model, and practice.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Timoshenko I.G. (2014). Open Government in Foreign Countries:
Modern Status and Problems. Journal of Foreign Legislation and Comparative Law, 3, 463–473. https://en.nbpublish.com/library_read_article.php?id=65365
Abstract:
This paper is concerned with issues of foreign states experience in the field of legal regulation of institutes of
open government and foreign practice of its implementation in context of public government modernization, development
of citizens’ right to information and participation in public government. Historic and comparative methods are used
in the process of study. In particular evolution and contemporary substance of open government regulation approaches
abroad are examined on the basis of comparative analysis of foreign countries legislation and practice as well as international
recommendations. Positive and negative experience of open government concept implementation abroad is
discussed. Special attention is given to consideration of electronic government and forms of its functioning in public government
bodies’ activities in foreign countries.
The analysis of legislative basis and practical experience of implementation of open government in foreign countries
makes it clear that, in spite of some progress in this sphere, substantial quantity of states are faced to some legal, organizational
and financial problems. These problems are connected with the practical difficulties in achieving the balance
between traditional requirements of due public administration and contemporary requirements of providing of its openness.
Advanced information technologies inculcation, while facilitating realization of openness, makes new problems,
arising from necessity of protection of different kinds of information including personal data.
Correct solution of these issues should be based on modernization of information legislation, systems of public control
over executive bodies and development of other tools of public government democratization. This goal may be achieved
on the base of balanced approach, making it possible to combine advantages of information openness with obligations of
providing security of government bodies’ activities as well as protection of citizens’ rights in this process.
Taking into account these reasons the author makes conclusion as to necessity of careful approach to possible application
of some elements of foreign experience by Russian public bodies and officials.
Keywords:
open government, e-government, regulation, national, legislation, information, internet – technology, democracy.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Arakelyan M.R. (2014). On the Problem of Human Rights System of
Modern State Functioning. Journal of Foreign Legislation and Comparative Law, 3, 474–478. https://en.nbpublish.com/library_read_article.php?id=65366
Abstract:
Human Rights protection function is the privileged sector in the functioning of the modern state, based on the
modern legislative framework, which reflects the objective laws of the development of the society, and the external factors,
which define its strategic development. The human rights protection function of the modern state is, first of all, the
activity of the state on the protection of the rights and freedoms of the human being and citizen, the strengthening of
the rule of law in all spheres of public and political life. The aspects of the transformation of the content of human rights
protection function of the modern state are considered in the article Special attention is paid to the realisation of the human
rights function of the modern state in the context of the legal reforms. The formation of the human rights protection
system of the modern state in general, and the institute of advocacy in particular, is the complicated process.
Declaration of independence of Ukraine has launched the reforming of out-of-date model of advocacy of the Soviet
period. The adoption of the law «On Advocacy and Legal Practice» reflects the aspirations of the Ukrainian state and a
society, which are directed to the democratisation of all spheres of life of citizens.
The consideration of the process of the transformation of Ukrainian legal system within the last year’s period is of the special
importance. The active role in these processes is played by the advocacy institute, as the major part of the Ukrainian
human rights protection system, which basic function lies in the securing of the rights, freedoms and legitimate interests
of citizens of Ukraine, foreign citizens, persons without citizenship, legal bodies, including the rendering of the other qualified
legal support to them.
Keywords:
modern state, the functions of the modern state, transformation, human rights function of the modern state, the protection of human rights and freedoms.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Batler W.E. (2014). Harmonization of Russian Law and
Legal Provisions on Trusts. Journal of Foreign Legislation and Comparative Law, 3, 479–482. https://en.nbpublish.com/library_read_article.php?id=65367
Abstract:
Article is devoted to the current topic of harmonization of the Russian legislation on the example of the trust.
The author shows the advantages of harmonization of policies for the economic development of states and analyzes its
possible opportunities in the relation of the Law of Trusts of the Russian Federation, consisting of the chapter 53 of the
Civil Code of the Russian Federation and the Presidential Decree of 1993 "On trust" which, from the point of view of the
author remains in force.
The paper pays great attention to the problems of using of trusts in the modern Russian economy. The author shows how
the elements of the Anglo-American trust can be adopted to the Russian legal realities and economic benefits that it can
give. The author analyzes the possibility of legal technique which allow Russian legal entities and individuals to use the
system of trusts without violating the rules of Russian law.
Keywords:
harmonization of legislation, international law, international treaty, trust, trust property, comparative law, escrow, adaptation, private international law, Russian law.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Lukoyanov N.V. (2014). Corporate Uncertified Securities in Spanish Law. Journal of Foreign Legislation and Comparative Law, 3, 483–487. https://en.nbpublish.com/library_read_article.php?id=65368
Abstract:
This article is devoted to the analysis of legal regulation of corporate book-entry securities in the law on the
example of Spain. In the science of Russian law there are almost no studies of corporate book-entry securities of foreign
countries. However, the mechanism of regulation of social relations in relation of corporate book-entry securities in civil
and trading turnover of Spain is of interest to Russian law. Complicated trade turnover and the rules of the European
Union’s regulations implemented in the national legislation give impetus to the adoption of new types of corporate securities
not previously known to the Spanish law (recall shares, preferred corporate shares). But law enforcement practice
shows that legal protection of investors who invest their money in such financial instruments is still not assured.
Keywords:
securities, book-entry securities, corporate securities, stocks, bonds, hybrid securities, the law of Spain, corporations, joint-callable shares, preferred corporate shares.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Troshchinsky P.V. (2014). Peculiarities of Chinese Internet Security
Legal Regulation. Journal of Foreign Legislation and Comparative Law, 3, 488–497. https://en.nbpublish.com/library_read_article.php?id=65369
Abstract:
The article investigates the issues of legal regulation of the Internet in the modern Chinese state. A comprehensive
analysis of the current legislation of the PRC, which provisions affect the security issues of the Internet during its use
by Chinese citizens is carried out. A strict policy of Chinese government designed to limitation of Internet content in cases
of conflict of information in the applicable acts of law-making and political course of the state is pointed out. Particular
emphasis is placed on the study of regulatory statutes of Chinese legislator, recognizing the right of the competent authorities
of the state to shut down the content, attract Internet service provider to various types of legal liability, including
criminal. The vagueness and imprecision of wordings enshrined in the regulations that provides ample opportunities to
the Chinese law enforcers on the use of legal norms in the interests of the state and society. Chinese citizens' rights of
access to information significantly limited in order to ensure national security and defense of the state against the negative
influence from a foreign Internet space. The analysis allows to establish the seriousness of the authorities' approach
to the regulation of the Internet sphere, use of strict measures to prevent falling into the network of information which
undermine the foundations of the state system as well as a contrary to morality and ethics content.
Keywords:
information security, law of China, the legal regulation, the legal system, legal liability, Internet, comparative law, block of sites, state security, crime.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Zhanuzakova L.T. (2014). Some Aspects of Kazakh Legislation on
Legal Acts Perfection. Journal of Foreign Legislation and Comparative Law, 3, 498–507. https://en.nbpublish.com/library_read_article.php?id=65370
Abstract:
This paper investigates the concept of "legislative act", its relationship with the related concepts, aspects of the
hierarchy of normative legal acts.
Particular attention is paid to law introducing amendments and additions to the codes as separate types of laws. The
inaccurate definition of "constitutional act" and different approaches to its understanding in the legal literature and the
legislation of the countries of the CIS are pointed out. The value and role of the rulings of constitutional bodies and of
the Supreme Court and in the national legal system are considered. The study carried out a comparative analysis of the
legislation of Kazakhstan, the Russian Federation, the Republic of Belarus and the Kyrgyz Republic. Recommendations for
improving the Law of the Republic of Kazakhstan "On normative legal acts" are given. In particular, the conclusions for
excluding of the concept of "legislative act" from the Constitution of the Republic of Kazakhstan and other laws of the
development of criteria for the constitutional act on the definition of the place of the act amending the Code, in the hierarchy
of normative legal acts are made.
Keywords:
ruling, interpretation, regulation, constitution, constitutional act, hierarchy, law, legislation, parliament, the legal force.
Reference:
Riekkinen M.A., Chebotarev G.N. (2014). Public Involvement to Realization of External Policy
of the Russian Federation in Relation
to Northern Countries. Journal of Foreign Legislation and Comparative Law, 3, 508–516. https://en.nbpublish.com/library_read_article.php?id=65371
Abstract:
Citizens' access to the implementation of foreign policy – an important but scantily explored issue. By changing
the approach to the implementation of public diplomacy, reflected in a number of policy and program documents,
research in the area of access to the individual implementation of foreign policy is a priority for the development of Russian science. This article codifies the legal mechanisms to involve citizens, NGOs, universities and the business
community in the implementation of the foreign policy of the Russian Federation in relation to the Nordic countries.
To the "Nordic countries" in this paper refers the countris known in the world science as the term «the Nordic States»,
this include Denmark (including the Faroe Islands and Greenland), Finland (including the Aland Islands), Norway, Iceland,
Sweden. The article deals with mechanisms such as public participation in the project "Northern Dimension";
participation in regional and international boards (Arctic Council, the Council of Baltic Sea States, the Barents and
the Euro-Atlantic Council); use of opportunities of Russian NGOs for the implementation of Russia's foreign policy in
relation to the Nordic countries (including through Public Diplomacy Gorchakov Fund, non-profit partnership "Russian
International Affairs Council").
Keywords:
political rights, international standards, Russian-Scandinavian cooperation, public participation, public diplomacy, access to policy, alternative diplomacy, the Arctic Council, RAIPON, Russian NGOs.
Reference:
Zhuravleva O.O. (2014). Legal Regulation and Perspectives of Integration
of the ASEAN States in Tax Sphere. Journal of Foreign Legislation and Comparative Law, 3, 517–526. https://en.nbpublish.com/library_read_article.php?id=65372
Abstract:
Member states of the Association of South-East Asia, have set themselves the task of creating of the economic
union by 2015, which implies a more close cooperation in the tax sphere. In this regard, processes that affect the tax systems
of the member states are of interest.
The subject of the research is the process: 1) changes in national tax legislation of ASEAN states (consolidation, codification,
unification and harmonization); 2) the formation of a network of bilateral agreements on avoidance of double taxation,
including the prospects for transition to multilateral agreements in the tax field; 3) regional cooperation between
national tax administrations and the formation of a regional organization of tax administrations.
The main methods of the study are: 1) the method of analysis of the national legal regulation in the sphere of taxation,
international agreements of the region, including in the field of regional integration of ASEAN states; 2) comparative-legal
method applied in the study of national tax systems.
Study of the legal aspects of the formation and development of regional associations, arising problems and approaches
to their resolution is important in connection with the formation of the Common Economic Space, and in connection with
the need to improve the competitiveness of the domestic legal system.
On the basis of the study concluded that the implementation of the ASEAN Charter principles requires the harmonization
of tax systems, more closer regional cooperation in the area of tax administration, the completion of the formation of a
regional network of bilateral agreements on avoidance of double taxation.
Prospects for integration in the tax field of ASEAN states are: 1) harmonization of national tax systems in accordance
with the objectives of creating a nuclear power plant; 2) completion of the formation of a network of interregional DTT,
entrance into multilateral DTT between the states of the region, to maximize the benefits of NPP; 3) the development of
intra-regional cooperation between national tax administrations, establishment of a single regional association.
Keywords:
cooperation, harmonization, integration, principles of the tax system, ASEAN, DTT, tax administration, legal heritage, the legal system, regional cooperation.
Reference:
Yurtaeva E.A. (2014). Humanitarian Cooperation of CIS Countries:
Activity and Regulation. Journal of Foreign Legislation and Comparative Law, 3, 527–533. https://en.nbpublish.com/library_read_article.php?id=65373
Abstract:
The article proves the international importance and empirical significance of the general legal, law-making and
practical activities undertaken by the members of CIS in the in the field of human development and international cooperation.
It is proposed to look at the socio-cultural interaction of neighboring countries as the most important area of
international contacts which shown humanistic potential of society and based on general history of the development of
culture and the traditional life of the people. The author sees the great prospects for social progress in the CIS members
in the humanitarian cooperation and in the development of corresponding legislation.
Keywords:
humanitarian cooperation, humanitarian legislation, Commonwealth of Independent States, international acts, transnational partnership, national legislation.
SOCIAL POLITICS AND LAW
Reference:
Senuta I.Y. (2014). Human Rights in the Sphere of Health Protection:
Constitutional Profiles and Civil Society Legal Framing. Journal of Foreign Legislation and Comparative Law, 3, 534–539. https://en.nbpublish.com/library_read_article.php?id=65374
Abstract:
The article gives a comparative analysis of the legislation in the sphere of public health protection in Ukraine
and the European regulatory framework for the protection of patients\' rights. Medico-legal regulation of carrying out the
preventive health interventions such as vaccinal prevention and tuberculin diagnostics is considered. The right to consent
and refusal to comply with medical intervention is compared. The possibilities of realization of the rights of citizens to obtain
affordable, free and quality health care and the prohibition of any form of discrimination on the grounds of financial
resources, place of residence, kind of illness or time of access to care are analyzed. The classification of types of medical
care provided in the public health system in Ukraine: ambulance, outpatient, inpatient, as well as regulatory support of medical activities are presented. The right of citizens to access information about their health and to ensure the confidentiality
of personal information of the patient, as during his lifetime and after his death, the provisions of health information
discloser to family members of the patient, depending on the condition of the patient and the opinion of the treating
physician are subjected to analyses.
Keywords:
the rights of patients in the Ukrainian legislation, legal regulation of public health in Ukraine, legal regulations of the carrying out of medical interventions, the right of patients to receive information.
ENVIRONMENTAL SECURITY
Reference:
Bogolubov S.A., Suleimenov M.K. (2014). Role of Ecology Law and its Structure Elements
in the System of Law. Journal of Foreign Legislation and Comparative Law, 3, 540–548. https://en.nbpublish.com/library_read_article.php?id=65375
Abstract:
The article raises the problem of the place of environmental law and its structural components during the
dialogue between the two scientists. The system of law is built by the legislator, but it should be considered the real
prevailing construction of norms, institutions and brunches in the legal system of a particular State. Outcome of this
situation is seen in the consolidation in the legal system of the concept of an integrated brunch as an element of the
law structure. Moreover, the integrated brunch of law can be constructed only in the secondary structure of law. With
this approach, it must be assumed that the land, mining, water and forest law are the branches of law: environmental
law as an integrated branch, when natural resource law and nature protection law as subinstitutes of integrated
branch. What is above is a family of brunches or an integrated brunch. Land, mining, water and forest law are common
branches of law.
Keywords:
civil law, natural resource law, land law, nature protection law, environmental law, integrated branch of law, overbranch, superbranch, branch of legislation, differentiation of legal branches.
ENVIRONMENTAL SECURITY
Reference:
Sivakov D.O. (2014). Ecological Function of State and its Financial Leverages:
Comparative Legal Analysis. Journal of Foreign Legislation and Comparative Law, 3, 549–554. https://en.nbpublish.com/library_read_article.php?id=65376
Abstract:
The article reveals the urgent environmental challenges and state-legal response to them of modern society.
The views and information of other sciences: ecology, economics and political science are presented. Ecological function
of the state is given in close relationship with many other its functions. Particular attention is paid to the financial mechanism
for the transition to a green economy, which should be based on non-waste production. The urgency and scale of the
ecological crisis inevitably brings to life the multifaceted ecological function of the modern state. By historical standards,
the ecological function is new, but its significance in today's society and the state increases day by day. By the beginning
of the twenty-first century this function is a constant, which requires the carrying out of regular measures and costs. Like
any function of the state, it has its own subject, content, field of activity and different ways of the impact. The differences
between the state-legal impact on the ecological relationships in Russia and in neighboring Norway are determined. The
experience of the BRICS countries and the European Union is given. It is pointed out that Russia still lags behind many
other members of the international community in the field of protection of nature.
Keywords:
environmental crisis, environmental law, tax, oil policy, business entity, the owner, green investments, environmental technologies, Norway, ecological function of the state.
CRIMINAL LAW: PROBLEMS OF THEORY AND PRACTICE
Reference:
Golovanova N.A. (2014). Domestic Violence in the Light of the
Istanbul Convention (2011). Journal of Foreign Legislation and Comparative Law, 3, 555–562. https://en.nbpublish.com/library_read_article.php?id=65377
Abstract:
The problem of domestic violence in Russia is topical and has long attracted attention. The article is devoted to
this important topic, it is studied the legislation of Russia and foreign countries in this area, as well as the Istanbul Council
of Europe Convention on preventing and combating violence against women and domestic violence (2011). The Convention
is the first international legal instrument, which confirms integrity of women's rights as a human being, and violence
is recognized as one of the forms of discrimination against women. The Convention reflects the need for a comprehensive
approach to the protection of and assistance to all victims of domestic violence. The Convention also contains practical
tools to address the problems of violence against women through the creation of a special monitoring mechanism. Russia
still not have this mechanism. Existing government programs primarily provide for the protection of children. Women and
other family members (including the disabled) get help at the local level only. In addition, Russia does not have a specific
law on the prevention of domestic violence. This paper presents a critical analysis of Russian legislation (Criminal and
Criminal Procedure) – Criminal Code does not criminalize forced marriage of minors; mutilation of the genitals of women
and children; sexual harassment, harassment and intimidation; sanctions for committing acts of violence do not correlate
with the fact that the familial relationship of the criminal and the victim, etc. There is no judicial emergency orders legislative
mechanism (protection orders) to prevent imminent danger caused by domestic violence. The author considers it
necessary to pass a special federal law against domestic violence.
Keywords:
Istanbul Convention; discrimination; domestic violence; protection order; criminal law; aggravating
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Bykova I.Y. (2014). Comparison of Supervising Process in Civil Procedure
of the Russian Federation, Kazakhstan,
Belarus and Ukraine. Journal of Foreign Legislation and Comparative Law, 3, 563–572. https://en.nbpublish.com/library_read_article.php?id=65378
Abstract:
In this article, the author compares the supervisory proceedings in civil proceedings of the Russian Federation
with the corresponding proceedings in the Republic of Kazakhstan, Belarus and Ukraine. The subject of the research is
the law governing the excitation (initiation) of oversight proceedings and revision process (checking) entered into force
court decisions, taken in civil cases in the Presidium of the Supreme Court of the Russian Federation; law governing the
review proceedings in the Supreme Court of the Republic of Kazakhstan; the law governing trial of cases in the court of
supervisory instance the Republic of Belarus, as well as the law governing judicial review of decisions by the Supreme
Court of Ukraine.
Keywords:
review proceedings, civil process, verification of judicial acts, supervisory authority, courts of general jurisdiction, civil procedural law, comparative law, the legislation of the Republic of Belarus, legislation of the Republic of Kazakhstan, the legislation of Ukraine.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Dzhimbeeva D.V. (2014). Trends of Conflict Regulation of Obligations Arising
From Unjust Enrichment. Journal of Foreign Legislation and Comparative Law, 3, 573–579. https://en.nbpublish.com/library_read_article.php?id=65379
Abstract:
The article analyzes the various approaches to the definition of the law applicable to the obligations arising from
unjust enrichment, in the legislation and the doctrine of foreign countries for example, the UK, Germany, USA and Switzerland.
An overview of the main collision connections for the regulation of the researched obligations, which are contained
in the foreign legislation, acts of regional codification of private international law is provided. The author examines the
provisions of the law applicable to the obligations arising from the unjust enrichment in the above mentioned rules of
law and makes a comparative legal analysis by examining the existing foreign doctrines and materials of foreign judicial
practice on cross-border disputes for recovery of unjust enrichment. Similarities and differences of the considered models
of collision regulation are identified.
Keywords:
unjust enrichment, the applicable law, collision rules, lex causae condictionis, models of conflict regulation, collision connecting factor, unjust enrichment obligations, the most intimate connection, the statute unjust enrichment, the problem of choice of law.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Goibova M.A. (2014). Main Institutions of Tajikistan Social Legislation. Journal of Foreign Legislation and Comparative Law, 3, 580–585. https://en.nbpublish.com/library_read_article.php?id=65380
Abstract:
The subject of the research is social relations in the field of social security, which are covered by the legislation
of the Republic of Tajikistan as a member of the international community. Social protection – an essential component of
social policy of the country and labor relations, such as material support of the population, the organization of health and
social care incapacitated category of citizens. The article identifies three major institution of social legislation: 1) the state
social welfare assistance, which has a charitable nature, provided to the categories of citizens with the absence of funds
in the amount of the subsistence minimum; 2) compulsory social security of the economically active population from the
risk of loss of income (wages) by special contributions from employers and employees on the principles of solidarity and
mutual self-responsibility; 3) voluntary supplementary and private insurance.
Keywords:
institutions of social legislation, social security, social assistance, social insurance, voluntary supplementary insurance, personal insurance, disability.