Reference:
Guyot D. (2014). The Napoleon Code: Past and Future. Journal of Foreign Legislation and Comparative Law, 5, 768–770. https://en.nbpublish.com/library_read_article.php?id=65885
Abstract:
Contemporary tendencies in the development of civil law as well as its unification from the point of view of a
French legal scholar and lawyer are described in this article. Author examines characteristic features of the legal regulation
of civil relations in the French Civil code (also known as Napoleon code) and influence of these features upon the
development of the French case law and doctrine. It is pointed out that, in spite of a widespread opinion, legal tools
for protection of civil rights, which are made available by means of the civil law countries’ codified legislation, are in
no way inferior in terms of resilience to those provided for in the common law countries, based on case authority. The
perspectives of All-European unification of civil law by means of the adoption of sole European civil code are critically
estimated. By the example of France the author stresses the necessity of safeguarding the national legal tradition and
of careful attendance on the distinctive legal legally of each country, in order not to allow the substitution of notions,
when, instead uniting Europe in practice the attempts are made to unify it. When writing this article the author used
the works of both French and Russian legal scholars.
Keywords:
civil law, Napoleon code, codification, unification, European civil code, French legal tradition.
Reference:
Marcou G. (2014). Social Functions of Civil Law Institutions (on the Example
of Consumer Rights Protection Legislation). Journal of Foreign Legislation and Comparative Law, 5, 771–773. https://en.nbpublish.com/library_read_article.php?id=65886
Abstract:
The paper of a prominent French scholar examines the impact of the Civil Code of the Republic of France – Napoleonic
Code – on the current position and development of the civil legislation.
The reasons and the conditions under which the usual continental lawyer look at the property as the ratio of a person to
a thing, as well as changes that have undergone the Code Napoleon's approach to the understanding of property rights
and place of contract in regulating of the relations between the subjects of trafficking, to understand the role and place of
state in the regulation of private relations with the development of legislation and bodies of state governance formed are
researched.
The study reflected the ideas of the authors whose theoretical studies formed the mainstream in modern French law of the
role of law and the state in the regulation based on the contract relationship. The provisions of the French Law from March
17, 2014 ¹ 2014-344 “on consumption”, which reflects the trends and directions of development of civil law inherent to
modern European states’ law.
Keywords:
Napoleonic Code, property, ownership, thing, public policy, state regulation, consumer protection.
Reference:
Doronina N.G. (2014). The Napoleon Code and Unification of Civil Law through
the Hague Conference on Private International Law. Journal of Foreign Legislation and Comparative Law, 5, 774–780. https://en.nbpublish.com/library_read_article.php?id=65887
Abstract:
The article appreciates the value of the Napoleon Code that was enacted in 1804. The Code unified the law of
France of that period. Before the Code was enacted there were two systems of Law in France. One of them was based on
the Roman Law – the so called “written Law”, the other – the law based on different collections of customs and traditions
(coutûmes). The experience of Napoleon Code demonstrates the unification potential of the Law thanks to the juridical
know-how.
One hundred years later the experience of the Code became useful when searching the possible instrument of unification
of legal systems of European states. The idea of Asser – the Dutch scientist to construct the international legal system for
inter-state cooperation became the reality. The newly created international organization The Hague Conference on Private
International Law began its work. Its attention is drawn to private persons, the means of civil law and procedure to defend
their rights in the legal systems of different states. The main instrument is international agreement. But the methodology
remains the Napoleon Code’s – that is the formula of the rule of law which is very short, clear and effective in reaching the
target of regulation. Those are the rules – principles of regulation of private international relation based on the experience
of Article 3 of the Napoleon Code.
The present work shows the recent initiatives of The Hague Conference on Private International Law. That is the planning of
the Schedule of the working group on foreign civil protection orders and discussion of the Draft Principles of choice of law
in international contracts. Both initiatives are of great importance from the global point of view but they are hardly could be
possible if there had not been for Napoleon Code.
Keywords:
Napoleon Code, The Hague Conference on Private International Law, foreign civil protection orders, Draft Principles of choice of law in international contracts.
Reference:
Arslanov K.M. (2014). Influence of German and French Legal Experience on
Development of Modern Russian Legislation. Journal of Foreign Legislation and Comparative Law, 5, 781–788. https://en.nbpublish.com/library_read_article.php?id=65888
Abstract:
The article is devoted to the main trends of Western Europe (French and German) legislation influence on
codification of the Russian civil legislation in 90th. The analysis is made on the basis of separate institutes of French, German
and Anglo-sax law, such as the institutes of rent, legal entity, legal competence of minors, confidential management,
agent’s services and so on. The author made a conclusion on necessity of prudent approach to the influence of foreign
legal experience according to the Russian legal traditions. The methods of comparative jurisprudence and historical analysis
are used by the author in the article. The author considers that, it is necessary to take into account foreign experience
and values of the Russian legal science of XIX and XX centuries to understand modern Russian law. The category of foreign
legal experience, its influence to the modern civil law of the Russian Federation is researched in the article. The conclusion
on significant influence of French law on formation of Russian civil law is made by the author. The author states that
connection between Russian, French and German law begins in XIX century and explicates a lot of legal institutes included
into the Civil Code of the Russian Federation (1996-2006). The influence of Anglo-sax law on Russian law (the institute of
confidential management, agent’s services and legal entity/corporate law) is significant too.
Keywords:
foreign legal experience, influence of foreign law, influence of French law, influence of German law, Law Development Concept, Russian legal traditions, French Civil Code, German Civil Code, rent contract, contract on agent’s services.
CONSTITUTIONAL LAW
Reference:
Ivshina I.N. (2014). Federalization in the States of Different Legal Systems:
General and Special. Journal of Foreign Legislation and Comparative Law, 5, 789–796. https://en.nbpublish.com/library_read_article.php?id=65889
Abstract:
The subject of this study are historical and legal experience of establishment of a federal form of state-territorial
structure (federalization) in more than fifty countries belonging to different legal systems of the world. More than half
of these countries are federations at the moment. We investigated the background and reasons, the process of federalization,
complex constitutional and legal provisions, what was consolidated the basis of federalism in the federations of
the Anglo-American, the Roman-Germanic (including Latin American and the former socialist federations), and Muslim
legal systems. As part of a holistic systems approach applied comparative legal, historical, legal and formal-legal methods,
methods of system analysis and multivariate determinism in conjunction with the principle of historicism. The study highlighted
features of the federalization of each legal system, as well as the general features of the federalization of any state,
regardless of belonging to any legal system. The latter include: the need for a set of preconditions which have developed
in different areas of public relations; the objective reasons of federalization; the passage of the three mandatory stages of
federalization: protofederalizm; constitutional recognition of the federal structure, ways of reconciling the interests, legal
dispute mechanisms, the guarantees the integrity of the federation; establishment of the institutions of Federal State on
the basis of a written federal constitution which came into force.
Keywords:
constitution, federation, federalization, state, theory of law and state, history of federalism, legal systems, comparative law.
CONSTITUTIONAL LAW
Reference:
Ostapovich I.Y. (2014). «Positive» Rule-Making in Practice of Bodies of the
Constitutional Control of Russia and Foreign Countries. Journal of Foreign Legislation and Comparative Law, 5, 797–804. https://en.nbpublish.com/library_read_article.php?id=65890
Abstract:
The legislation and the doctrine of the Russian Federation and foreign countries in the field of "positive" rule-making
carried out by bodies of the constitutional control is analyzed in the article. The role of body of the constitutional control
as "positive" legislator isn't provided (Austria) in a number of the countries. It is noted that the Islamic states differ in specifics
in the considered sphere. Regulations on the Constitutional court of Croatia, Romania, Serbia are interesting for analysis. Except
everything in article features of legal regulation of the constitutional control in the Asian states on the example of which
it is possible to see or reception of the Austrian model (with categorical denial of a role of judicial precedent, for example in
Uzbekistan, Tajikistan), or practical restriction of powers with questions of discharge from a position of the highest officials
(Mongolia, Taiwan) or in general total absence of special body as that with assignment of control functions on regulatory
authority (China, Vietnam, Turkmenistan) are analyzed. The comparative and legal method, and also a method of the system
analysis of the legislation are used for disclosure of the designated problem at research. Complex analysis of the designated
problem is investigated for the first time. The analysis of the Russian and foreign experience of "positive" rule-making in practice
of bodies of the constitutional control allows to draw the following conclusions. The body of the constitutional control
can carry out function of the "negative" legislator, "positive" legislator, and in his activity these beginnings can equally mix
up in Russia. In the majority of the countries where judicial constitutional control is used, courts don't act as the "positive"
legislator though the relevant decision which the provision of the law is recognized contradicting the Constitution, becomes
obligatory. The decision can be applied further by consideration of similar business, but doesn't substitute for itself the law.
Activity of the "positive" legislator is carried out restrictedly and as a rule as a result of preliminary constitutional control in
the countries with quasi-judicial authorities of the constitutional control function.
Keywords:
quasi-judicial authority, bodies of the constitutional control, constitutional court, constitutional council, judicial authority, rule-making, doctrine. Islamic states, constitution, legislation.
CONSTITUTIONAL LAW
Reference:
Goncharov V.V. (2014). Efficiency of Formation and Functioning of the
Executive Power in Belarus: Constitutional Legal Analysis. Journal of Foreign Legislation and Comparative Law, 5, 805–810. https://en.nbpublish.com/library_read_article.php?id=65891
Abstract:
Research of an estimation of efficiency of formation and functioning of system of executive power on an example
of Belarus is conducted in the present article. It is noticed that existence of the effective and centralized system of the
government is a necessary condition of preservation of the state sovereignty, independence and territorial integrity by the
country. The author allocates a number of the basic criteria of an estimation of efficiency of formation and functioning of
executive power system in separately taken state on the basis of the analysis of various indicators of legal, political, social
and economic character. It is proved in article that the Republic of Belarus (one of few states formed in territory of the
former USSR) has reached outstanding success in construction of effective system of executive power that is supported
with a number of criteria of an estimation of efficiency of formation and functioning of executive power system in the
country. At the same time, the article analyses some modern internal and external problems in formation and functioning
of executive power system in Belarus. The author considers that it is necessary to carry out a number of consecutive actions
of political, legal, social and economic character for its solution.
Keywords:
executive power; an efficiency estimation; Republic of Belarus; formation and functioning principles, freedom and legitimate interests; problems; aspects; actions.
CONSTITUTIONAL LAW
Reference:
Mits D.S. (2014). Protection of Constitutional Order of State:
International and Constitutional Law Issues. Journal of Foreign Legislation and Comparative Law, 5, 811–818. https://en.nbpublish.com/library_read_article.php?id=65892
Abstract:
The subject of the article is the legislative experience of some States, regulating relations in the sphere of protection
of the constitutional system, judicial bodies and international legal acts. The aim of this work is the identification,
scientific understanding and analysis of the formal legal and substantial parties to the constitutional values of protection
from unlawful encroachment on the constitutional order of some States. To achieve the goal of the work the dialectical,
formal-legal, comparative legal methods were used by the author. The author summarizes the international experience in
implementing constitutional values of some foreign States protection from unlawful encroachment on the constitutional
order. A number of the provisions of this study can be taken into account in the practical activity of law enforcement bodies.
The article analyzes conceptual and doctrinal, constitutional and legal issues in the field of protection of constitutional
order of state and characteristics of its regulatory implementation.
Keywords:
Protection of the constitutional order of state; restriction of fundamental rights and freedoms of i, society and state; international regulation; legislation of foreign states; unconstitutional activit
CONSTITUTIONAL LAW
Reference:
Sonin V.V. (2014). Taming the Trojan Horse: Screening Procedures at the
Chief Executive Elections in Hong Kong. Journal of Foreign Legislation and Comparative Law, 5, 819–826. https://en.nbpublish.com/library_read_article.php?id=65893
Abstract:
Throughout the history of colonial Hong Kong state officials were being appointed by the British government. On
the eve of the restoration of Chinese sovereignty elections were introduced by British administration as a guarantee of maintaining
existing economic and social order of Hong Kong. The ongoing electoral reform involves the introduction of direct
election of the Chief Executive in 2017. It is planned to use "electoral filters" (screening procedures), including nomination of
candidates by Nomination Committee, and the right of the central government to appoint the elected candidate for the post,
which are the subject of research. Author makes a comparative analysis between certain elements of electoral law in colonial
Hong Kong and Hong Kong Special Administrative Region of PRC in this paper. Some actual Chinese and English-language
sources on the election law in Hong Kong are introduced to Russian readers for the first time. Analysis of the history of Hong
Kong's electoral system and reasons for electoral reform indicates adequacy of projected institutions to the local electoral
and political culture in its relationship with Chinese national political system and legal order.
Keywords:
Hong Kong, Xianggang, China, PRC, screening procedures, election law, elections, electoral system, nomination of candidates, nomination committee.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Lafitsky V.I. (2014). Universal Laws of the Development of Law. Journal of Foreign Legislation and Comparative Law, 5, 827–831. https://en.nbpublish.com/library_read_article.php?id=65894
Abstract:
The first one is the law of survival of more solid and stable formations. The history of law knows a great number of examples
of collisions of great communities or families of law. The most dramatic one is the collapse of the socialist community
of law destroyed under the pressure of more powerful western tradition of law.
The second universal law is the preservation of the variety of life of nature and law. Despite any processes of globalization,
law preserves not only the variety but a necessary balance of its forms.
Law of modern world has been formed within the frames of different systems of religious or ethical legal visions of the
world and preserves their main features. For instance, law of states of Europe and America develop in the main in the
river-bed of Christian values of freedom and the law of the main part of the states of Western Asia and Northern Africa
in accordance with Islamic commandments of social unity. In Nepal, Bhutan, Sri Lanka and some other states law develop
in the system of Buddhist notions of righteous life and law of China on the basis of Confucian ideas of universal harmony.
Such fundamental values of law function regardless of their acknowledgment by state, degree of their reflection in legislation
or of the role church in the public life determining differences of communities of law of the modern world. Their total
disappearance is impossible. When they are not preserved in legislation, they will act in other dimensions of law – in legal
customs and traditions, in legal ideology and legal conscience. The third universal law is the ungovernability of elements
born in nature and law. Laws rarely act as they were conceived by their authors. State and civil society, international communities,
natural phenomenon change the life of laws proving short-sightedness or impotence of lawgivers.
The fourth universal law is the constant evolution of nature and law, appearance of their new forms under the impact
of numerous and varying factors of life. It is necessary to provide for the constant adaptation of legal systems and at the
same time to preserve their stability in the competition for the legal space of the modern world.
Keywords:
Universal laws of development of nature and law. Legal space of the world, communities of law, families of law, national legal systems, competition of communities and families of law, elements of law.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Karpenko K.V., Evmeneva A.D. (2014). Features of the Current Religious-Legal Regime
in Alsace and Lorraine. Journal of Foreign Legislation and Comparative Law, 5, 832–845. https://en.nbpublish.com/library_read_article.php?id=65895
Abstract:
Authors analyze in details the regime of religious exception that has been historically established in the Eastern France, in
departments of Alsace-Moselle, where the Concordat of 1801, signed between Napoleon Bonaparte and the Pope Pius
VII is still in force. The article shows the administrative organization of the four officially authorized confessions, as well as
local legal features in the field of primary and secondary education and labor legislation.
The authors describe the possibilities of efficient realization of the constitutional principle of secular state, then refine its
correlation with the well known to the law theory regime of legal exceptions and also bring up the problem of limits to
judicial interpretation of statutes on the example of France.
Besides, this article clearly demonstrates the very important role of the Constitutional Council in the legal and political
frame of the Fifth Republic in modern France.
The scientific research, presented in this article, is based on dialectical method of cognition, which allows revealing the phenomenon
of legal reality in unity of opposites. Also the article uses the legalistic approach, as well as historical and systematic
approach. The originality of the analysis consists in the fact, that authors scrutinize the problem of interrelation between the
tenet of secular state and officially authorized religions. This problem in general is little-known to Russian constitutional law.
The choice of France as the matter of research in this area is determined by the almost total absence of scientific works, examining
such topics, in Russian constitutional law studies. The main scientific conclusion, drawn by authors, is new and original and
states that theoretical foundation for nonuse of secular state tenet in Alsace-Moselle can be understood through the concept of
legal exceptions. It is known that these latter are often used in order to reconcile the national and regional interests.
Keywords:
Alsace-Moselle, freedom of belief, secular state, concordat, Constitutional Council, legal regime of exceptions.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Shram V.P. (2014). The Problems and Perspectives of Republic of
Serbia Affiliation to European Community. Journal of Foreign Legislation and Comparative Law, 5, 846–850. https://en.nbpublish.com/library_read_article.php?id=65896
Abstract:
The article is devoted to the problems and perspectives of Serbian affiliation to European Community. The author
analyses the problems of European norms and standards implementation to national Serbian legislation. The author underlines
the difficulties of conformation legal definitions of Serbian law with European law. The present article examines the
cooperation of the Republic Serbia and International Tribunal of Yugoslavia and International Court of Justice. The author
speaks about the position of Serbian political administration on the European Community demands for recognition the
Kosovo’s independence. This recognition is the condition, determined by European Community, of Serbian affiliation to EU.
The different methods of cognition were used by the author for this article, such as dialectic, system approach, complex
analysis, comparative law, historical legal and social researches methods. The analysis of problems and perspectives of Serbian
affiliation with the European Union isn’t possible to understand without system analysis of complex of arising relations
and comparative legal analysis of the main trends of integrative processes development. The analysis of social and economic
aspects of modern integration processes if the EU has a significant actuality. The researches of problems and perspectives
of Serbian affiliation with EU form a great scientific and practical interest. The problem of legal norms and standards of EU implementation to the national legislation of Serbia, which is a condition of correlation of Serbian legal system with EU legal
system, should be analyzed also. The problem of Serbian territorial integrity is fundamental because of demand of EU to
recognize Kosovo’s independence as one of conditions of Serbian affiliation with the European Union.
Keywords:
Constitution, European Community, European integration, implementation, international tribunal, International Court of Justice, treatment, European law, territorial integrity, international cooperation.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Vlasova N.V., Zaloilo M.V. (2014). Concretization of the Provisions of the EU Directives
in the Legislation of Member States of the EU. Journal of Foreign Legislation and Comparative Law, 5, 851–857. https://en.nbpublish.com/library_read_article.php?id=65897
Abstract:
The article considers the issues of concretization of legal provisions in the framework of integration associations
(the European Union), that is in harmonization of national law of member States. Authors on the example of the legal
regulation of agency allocate the following options of concretization of Directives in the national legislation of member
States of the EU: the amendments to the existing legal norms of normative legal acts which are currently in force; the
addition of normative legal acts which are currently in force of the new legal norms; the adoption of a new special legal
act in this field. Grounds for concretization of the EU Directive in the national legislation are the following: using in the
Directive phrases «for example», «in particular»; the inclusion in the Directive alternative ways of legal regulation, one of
which member States are obligated to freeze in their legislation; the inclusion in the Directive of the enabling word «may»
that assumes the possibility of establishing additional rules in the national legislation.
A combination of methods of cognition, which amounted to a systematic and dialectical approach, was used in the article.
The authors appealed to the general scientific methods (analysis, synthesis, induction, deduction) and to the speciallylegal
methods of learning: formal-legal, comparative legal, structural and functional.
The authors formulated the following conclusions: by the way of concretization of the Directives in the national regulation
of the member States of the EU a new legal norms are accepted, which supplement and develop the provisions of the
Directive in a given direction in compliance with the prescribed limits, and also the lacunas are filled; there is the responsibility
to obey the limits of concretization of the Directives related to the content of the implementing rules defined by
the object and scope of legal regulation.
Keywords:
legal norm, lawmaking, lacuna, concretization, detailing, amendment, harmonization, Directive, European Union, agency.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Privalova V.Y. (2014). Implementation of International Anti-Corruption
Requirements in the Russian Legislation. Journal of Foreign Legislation and Comparative Law, 5, 858–864. https://en.nbpublish.com/library_read_article.php?id=65898
Abstract:
Subject matter of this study includes the system of international and domestic legal acts governing implementation
of international anti-corruption requirements in the Russian law, tools of the fight against corruption (including legal
executive tools for the corruption prevention in municipal public and governmental bodies), international indexes of the
corruption evaluation, patterns for assessment of the conduct of domestic anti-corruption policy, corruption measurement
standards, achievement of establishing national institution to counter illegal enrichment, as it stems from the UN
Convention against corruption. Among the used methods of the study are comparative law analysis and legal logic’s analysis.
All applied methods together have helped make the research as regards the implementation of international anticorruption
corruption requirements into national law. Additionally, the research is fed by systematic and comprehensive
approach. Scientific novelty of the research is determined by the lack, in legal science, of comparative researches of the
problem of implementation of international anti-corruption requirements into Russian law. The novelty of the research is
also underpinned by comprehensive character of the study: its objective covers not only international but Russian anticorruption
instruments. A conclusion has been drawn over a need to further elaborating the problem taking into account
foreign best practice relating to the working out of a special index of corruption perception, especially in governmental
bodies, and to align domestic anti-corruption terminology to international anti-corruption instruments.
Keywords:
Anti-corruption requirements, International anti-corruption standards, Implementation, Parliamentary immunity, Responsibility, Corruption Evaluation Index, Fighting against corruption, Corruption Prevention, Co-operation, Corruption Measurement.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Lukyanova V.Y. (2014). Legal Status of Eurasian Economic Commission. Journal of Foreign Legislation and Comparative Law, 5, 865–875. https://en.nbpublish.com/library_read_article.php?id=65899
Abstract:
The article is devoted to the change of the legal status of the Eurasian Economic Commission (hereinafter – EEC)
in connection with the entry into force of the Treaty on the Eurasian Economic Union. After analyzing of modern legal
science approaches to the study of the legal status of collective subjects, the author came to the conclusion about the
need to explore of its three elements: the target, the structure and organization and competency. According to this logic,
the article explores the purpose of functioning of the Eurasian Economic Commission, its structure, functions and powers
established by the Regulation on the Eurasian Economic Commission and other rules of the Treaty on the Eurasian Economic Union of May 29, 2014. In the study of the EEC structure the main attention is focused on the characterization
of the legal status of international officials, which have members of the EEC Board, as well as officers and employees of its
departments, to ensure the supranational nature of the activities of EEC and its independence.
In the framework of the research of competency component of the legal status of EEC, author identified and analyzed
several categories of the Commission's functions and powers. Its powers to ensure the performance of international
agreements of the Eurasian Economic Union and other international legal instruments which formed the Union law, the
authority to ensure the activity of Union and its administration bodies, as well as the authority to make regulations.
A lot of attention is paid to the learning of normative functions change of EEC in connection with the entry into force of
the Treaty on the Eurasian Economic Union. Types of acts, adopted by the Eurasian Economic Commission, as well as the
provisions of the constitutions of states – members of the Eurasian Economic Union, establishing the principles of normative
legal acts duration which form the role and place of the legally binding EEC decisions in the national legal system are
investigated. Suggestions and recommendations aimed at enhancing of the efficiency of EEC conferred powers, based on
the analysis of existing international legal and domestic regulatory and legal framework are given.
Keywords:
Eurasian Economic Union, Eurasian Economic Commission, legal status, competence, Permanent supranational regulatory body of the Eurasian Economic Union.
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Lafitsky V.I., Kashirkina A.A,, Morozov A.N. (2014). Draft of the Convention of the United Nations on
Prevention and Liquidation of Consequences of
Technogenic and Natural Catastrophes. Journal of Foreign Legislation and Comparative Law, 5, 876–883. https://en.nbpublish.com/library_read_article.php?id=65900
Abstract:
Draft Convention of the United Nations on Prevention and Liquidation of Consequences of Technogenic and Natural
Catastrophes was elaborated by V.I. Lafitsky, À.À. Êàshirkina, À.N. Morozov within the frame of the scientific research work
fulfilled by the Institute of Legislation and Comparative Law under the Russian Federation Government upon the request of
the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters
with the aim of to improve normative legal provision of actions aimed at prevention and liquidation of emergencies.
The project of the Convention of the United Nations on Prevention and Liquidation of Consequences of Technogenic and
Natural Catastrophes is intended to fill a gap in the universal international legal regulation of such issues as the principles
of cooperation between states in the field of prevention and liquidation of consequences of technogenic and natural
catastrophes,the interaction in such situations of the competent authorities, procedure for the exchange of information,
rights and obligations of the state who receive and send aid, procedure for submitting requests for assistance, and others.
A special place in the draft UN Convention is allocated to measures to enhance the capacity of disaster, technogenic catastrophes
prevention and liquidation of its consequences at both the national level and at the international level with the
potential of not only public but private spheres.
The draft is based on the universally recognized principles of international law, including the principles of sovereign equality
and territorial integrity of states, the principle of non-interference in the internal affairs of other states, the principle
of respect and protection of human rights and freedoms.
Keywords:
draft Convention, the United Nations, technogenic and natural disasters, emergencies, prevention and liquidation of disasters, competent authorities, states-parties, international cooperation, civil defense, safety of the public.
Reference:
Vuong Thang Long, Than Thi Tu Anh (2014). Types and Characteristics of Criminal Procedural Arrest
in the Law of the Socialist Republic of Vietnam. Journal of Foreign Legislation and Comparative Law, 5, 884–886. https://en.nbpublish.com/library_read_article.php?id=65901
Abstract:
Arrest is one of the most important proceedings. The effectiveness of this action can influence the process of
the investigation of the crime. There are legal basis for arrest, regulated by the Criminal Procedure Code of the Socialist
Republic of Vietnam and different from the legal grounds for detention, regulated by the Criminal Procedure Code of
the Russian Federation in the article. Analysis of the problems of legal criminal procedural rules about arrest by the law
enforcement agencies of the Socialist Republic of Vietnam implementing is represented in the article. Collision in the
Institute of arrest is detected. The necessity of making some changes to apprehend the Criminal Procedure Code of the
Socialist Republic of Vietnam is revealed by the authors.
The following general scientific methods of cognition are used in the article: induction, deduction, analysis, comparative
law, synthesis, generalization.
The purpose of this article is to identify legal factors influencing the tactics of detention. Based on the assessment practices
of investigative bodies of the Ministry of Public Security of Vietnam gives proposals to improve the criminal procedure
legislation of the Socialist Republic of Vietnam and the application of arrest during the investigation of a crime.
Keywords:
arrest; types of criminal procedure of arrest; Tactics of arrest; characteristics of the criminal pr
Reference:
Menshikh A.A. (2014). Protection of Sexual Inviolability of Minors under
French Criminal Law. Journal of Foreign Legislation and Comparative Law, 5, 887–893. https://en.nbpublish.com/library_read_article.php?id=65902
Abstract:
The article is dedicated to the issues of the criminal protection of sexual inviolability of minors in France. In
particular, the author examines French laws that regulate the matter. The actions, which are qualified as sexual violence
towards minors, are defined. The French criminal code suppresses unlawful actions; on certain occasions the code prescribes
stricter sanctions if the victim is a minor or if the perpetrator is a relative in the ascending line or a person in whose
charge the child is; offences against minors are grouped in a separate division. Traditionally they are divided into the following
categories: sexual violence, ill-treatment (physical violence) and offences in the field of the upbringing of minors. In
France sexual violence includes: rape (sexual penetration whatever its nature), sexual aggression and sexual harassment
(caresses, aggression, i.e. harassment committed with the use of force, threat or sudden attack), sexual exhibitionism. The
author lists the sanctions applicable to the perpetrators of sexual violence. Such a phenomenon as sexual tourism, which
has in the past years become widespread not only in France, is also examined in the article as well as the responsibility
for it. Certain services have been created with the task of reducing sexual violence against minors in France or, if possible,
eliminate the grounds for it. The complex of common scientific and special scientific methods of cognition is used in
the article, such as: dialectic method, analysis, and comparative legal method, sociological, formal logical, historical and
other methods. This problem is acute for a lot of countries including the Russian Federation. It should be notices that the
Federal Law No 14-FZ of December 29, 2012 “On amendments to the Criminal Code of the Russian Federation and some
legislative acts of the Russian Federation aimed to improve liability for sexual crimes against minors” was adopted.
Keywords:
criminal, violence, minors, sexual, law, France, legislation, sanctions, services, protection.
Reference:
Kichigin N.V. (2014). Legal Regulation in the Sphere of Waste Management
in the Czech Republic and the Russian Federation. Journal of Foreign Legislation and Comparative Law, 5, 894–902. https://en.nbpublish.com/library_read_article.php?id=65903
Abstract:
The aim of the paper is to identify the shortcomings of the national legislation in the sphere of production and consumption
waste and preparation of proposals to improve it on the basis of comparative legal analysis of the legislation of the
Czech Republic and the Russian Federation. The subject of this paper consists of law, legal literature, law enforcement in the field
of waste management in the Czech Republic and the Russian Federation. The result of the paper is materials of comparative
legal analysis of the legislation of the Czech Republic and the laws of the Russian Federation in the field of waste management,
containing the following conclusions. Analysis of the national legislation of the Russian Federation and the Czech Republic in the
field of waste management indicates that in this area are used similar legal mechanisms in both countries. But there are significant
differences in the approaches to legal regulation, for example, their flexibility and differentiation, as well as in the degree
of detail, details of a legal regulation. The paper examines the concept of "waste" and their classification in the legislation of
the Czech Republic and the Russian Federation, compares the basic tools of legal regulation in the field of waste management
in the Czech Republic (catalog of waste, special regime for hazardous waste, legal duties, licenses and certificates, manager of
waste management, waste management plans, economic means, the requirements on the liquidation of waste disposal facilities,
special rules for the export, import and transit of waste, requirements for record keeping and reporting, sanctions) with
those in the Russian Federation. On the base of conducted analysis are prepared suggestions on improving the legislation of the
Russian Federation, for example, in regard to the implementation of regional and municipal plans for waste management, the
establishment of financial assets to ensure the conservation and liquidation of waste disposal facilities. Scope of results is legal
regulation and state and municipal administration in the field of waste management.
Keywords:
Waste; waste management; environmental legislation of Czech Republic; environmental legislation of R
Reference:
Rogozhkina T.V. (2014). Defining Mission of Ecological Standards on the Example
of the Legislation of the Republic of Belarus and Other States. Journal of Foreign Legislation and Comparative Law, 5, 903–907. https://en.nbpublish.com/library_read_article.php?id=65904
Abstract:
The article discusses the purpose of ecological standardization as one of the most important elements of the
legal framework for the protection of the environment. The purpose of ecological standards due to the goals of ecological
standardization is determined by the author. The analysis is performed on the basis of the provisions of the Law of the
Republic of Belarus "On environmental protection", the Federal Law of the Russian Federation "On environmental protection",
the model Environmental Code of the Commonwealth of Independent States, the model Law "On ecological safety",
the Code of the environment of France, environmental law of the Republic of Belarus, the Russian Federation, India and
the USA. The theoretical conclusions necessary for the further formation of the concept of ecological standardization, the
development of legal regulation in the direction of increasing the role of ecological standardization in the implementation
of environmental rights are made. Thus, in a number of ecological standards is proposed to distinguish ecological standards
providing parameters of the impacts of environmental factors on human being.
Keywords:
comparative law, environmental law, favorable environment, ecological standardization, ecological standard, environmental rights of citizens, the protection of human health, ecological safety.
Reference:
Chuyko N.A. (2014). Influence of the World Trade Organization Law on Regulation
of Food Safety in the Russian Federation. Journal of Foreign Legislation and Comparative Law, 5, 908–915. https://en.nbpublish.com/library_read_article.php?id=65905
Abstract:
The rules of WTO law regulating the international trade have serious impact almost on all economic and legal
spheres of its member states. As a result the member states change and supplement their domestic legislation, unifying
and harmonizing it. Complexity of WTO law system intensifies by the number of references to the other international
documents including the standards of Codex Alimentarius Commission. Furthermore, the dispute settlement mechanism
has quite an important role. This creates prerequisites for new development in legal regulation of food safety issues.
On the one hand, the WTO is transforming into a more progressive organization from the point of understanding the influence
of the international trade to food safety. On the other hand, the author shows the weaknesses of legal regulation in
this sphere and proposes additional measures required both at international and national level to ensure the appropriate
food safety in the conditions of Russia´s membership in the WTO.
Keywords:
Food safety, non-tariff barriers, SPS Agreement, Codex Alimentarius Commission, SPS measures, WTO law, national law, dispute settlement, World Trade Organization, international standards.
Reference:
Doronina N.G., Semilutina N.G. (2014). Review of the XIXth International Congress
on Comparative Law. Journal of Foreign Legislation and Comparative Law, 5, 916–933. https://en.nbpublish.com/library_read_article.php?id=65906
Abstract:
The present publication represents the general review of the XIXth International Congress of Comparative Law which
took place in Vienna 20-26th July 2014. The widest range of problems which arise before comparative law scientists was discussed
on its sessions. The review affords to reflect the most important problems and to get general impression of the present
tendencies and directions of the comparative law studies. The authors notice as the special tendency of the development of
the law the tendency towards the humanization of the law, on one hand, and constitutionalisation of private law on the other.
The transition of the legal system and doctrine in the countries of the Eastern Europe newly admitted to the EC was chosen as a
special topic for the discussion. The problems of the financial markets regulation and a new project of “jurisprudence of finance”
was a special subject for the discussion along with the problems of the effects of corruption in international commercial contracts
and disgorgement of profits and protection of the whistleblowers. The participants of the discussion paid special attention to the
problem of the dispute resolution in the state jurisdictional bodies as well as in the international commercial arbitration.
The general conclusions and results of the discussions are incorporated in the present review.
Keywords:
The XIXth International Congress of Comparative Law, comparative law, private law, private international law, human rights, corruption, commercial contracts, financial law, financial crises, international commercial arbitration, enforcement, disgorgement
Reference:
Levonenkova T.V. (2014). Review of Work of the Scientific-Practical Conference
"State Authorities and Local Bodies in Prevention and
Liquidation of Emergency". Journal of Foreign Legislation and Comparative Law, 5, 934–945. https://en.nbpublish.com/library_read_article.php?id=65907
Abstract:
Information review of scientific conference dedicated to the ways of management system and legal regulation in
the sphere of civil defense and human and territorial protection from nature disasters and industrial emergency perfection.
The aspects of national defense warranties, protection of nation and citizens and also aspects of law-enforcement practice
on realization of state authorities and local bodies’ competence were revealed. The dispute on modern measures on increasing
of state capacity to confront internal and external threats is represented. Methodological basis of the review is composed
of complex of methods of scientific cognition such as: dialectic method, analysis, synthesis, abstraction and concretization,
comparative legal method, method of legal models, system interpretation of legal regulations method. The recommendations
on future perfection of legal regulation and law-enforcement practice in the sphere of civil defense and human and territorial
protection from nature disasters and industrial emergencies are represented as a result of the scientific conference.
Keywords:
emergency, human safety, civil defense, disaster response, state authorities, state authorities’ competence, effectiveness of state authorities, critical infrastructure, hazardous facility, law-enforcement monitoring.
Reference:
Kurbanov R.A., Shvedkova O.V., Belyalova A.M., Demina A.N. (2014). Analytic Review of Reports and Decisions, adopted on the
100th Plenary Session of the European Commission for
Democracy through Law (Venice Commission). Journal of Foreign Legislation and Comparative Law, 5, 946–953. https://en.nbpublish.com/library_read_article.php?id=65908
Abstract:
This article presents the brief information about the 100th plenary session of the European Commission for
Democracy through Law (Venice Commission of the Council of Europe), where were4 adopted a number of opinions on
legislation in the countries – members of the Venice Commission.
Keywords:
European Commission for Democracy through Law, Venice Commission, Council of Europe, the 100th plenary session, opinion, analysis of the legislation.