Reference:
Khabrieva T.Ya. (2015). Scientific Support of Prevention of Corruption:
Overcoming of Stereotypes and Modern Problems. Journal of Foreign Legislation and Comparative Law, 2, 165–171. https://en.nbpublish.com/library_read_article.php?id=66700
Abstract:
Present article contains the author's assessment of the main problems of scientific providing on the prevention
of corruption and stereotypes constraining scientific researches on this direction. Thus the objective need
for expansion of borders of legal interpretation of corruption, for inadmissibility of its data only to simple set of
separate structures of offenses is noted. The restrictive approach referring manifestations of corruption to only one
public sphere used to constrain anti-corruption potential of civil, labor, and other branches of the legislation and
other social regulators. On the basis of the analysis of stereotypes of science and practice existing in the sphere
of prevention of corruption, the author formulates the main scientific objectives aimed at increase of efficiency of
prevention of corruption.
Keywords:
stereotype, corruption, problems, science, sphere, prevention, fight, researches, monitoring, index, model, register, theses.
Reference:
Mukanova N.A. (2015). New Approaches to the Prevention of Corruption
in the Kyrgyz Republic: Ways to Transparency and
Accountability of State Bodies. Journal of Foreign Legislation and Comparative Law, 2, 172–176. https://en.nbpublish.com/library_read_article.php?id=66701
Abstract:
This article reflects the main points of the report, voiced by the author at the IV Eurasian Anti-Corruption Forum.
The author noted that the counteraction and the preventive measures of corruption imposed to all public authorities in
the Kyrgyz Republic. Preventive measures include the identification and elimination of corruption schemes, the protection
of the civil service system from the destructive impact of corruption processes, the increase of transparency and accountability
of government agencies and join forces of government agencies, civil society and business.
Civil society plays an active role in the prevention of corruption: evaluates the level of corruption in different state bodies
and constantly publishes reports, conducts assessments, monitoring, and analytical review particularly in those sectors
with very high levels of corruption, conduct anti-corruption public examination. Every bill passes public hearings.
In conclusion, the author notes the importance of the scientific potential, scientific developments in the fight against corruption
and in this regard the special role is given to the international scientific conferences providing an opportunity to
share experiences.
Keywords:
prevention of corruption, anti-corruption policy, national strategy, public authorities, institutes of civil society, public control, transparency, accountability, monitoring, anti-corruption forum.
Reference:
Mo Jihong (2015). Creation of Anti-Corruption Barrier in China. Journal of Foreign Legislation and Comparative Law, 2, 177–187. https://en.nbpublish.com/library_read_article.php?id=66702
Abstract:
In the present article the author reveals a number of problems in the field of legal regulation of building
the institutional framework for combating corruption in China. The author develops the idea that the Communist
Party of China has always considered the fight against corruption its main mission; emphasizes the need to close the
authorities in " cell system" through the list of regulatory powers. The author emphasizes the need to create a system
of protocoling, disclosure and investigation of intervention of leading employers’ intervention in justice, ensure the
independence of the prosecutor's supervision and judicial authorities. The author concludes that the firm adherence
to the purpose of serving the people and the successful experience gained in the process of building of anti-corruption
system of the Communist Party will sure become a valuable contribution to the resolute struggle against corruption
for all mankind.
Keywords:
China, corruption, firewall, device, the government, powers, people, cooperation, experience.
Reference:
Vasilevich G.A. (2015). Active Position of Civil Servants and Citizens –
a Major Factor of Prevention of Corruption. Journal of Foreign Legislation and Comparative Law, 2, 188–192. https://en.nbpublish.com/library_read_article.php?id=66703
Abstract:
The present article is a report of author at the IV Eurasian anti-corruption forum. It examines the experience of
the Republic of Belarus, the Russian Federation, as well as several foreign countries of corruption prevention.
It is noted that a permanent improvement of the legislation is necessary, but it is impossible to focus only on this aspect.
Without a change in mindset, paradigm of values and priorities, it is difficult to significantly reduce corruption.
Special attention is given by the author to the participation of citizens in the prevention of corruption. In particular, it is
noted that the participation of citizens in the discussion of anti-corruption programs will combine public control and will
provide the real content of the programs in the areas of countering by the power of knowledge of the citizens of those
problems that they usually face.
In the end, the author comes to the conclusion that only with the active position of citizens, strengthen control over the
work of civil servants, increase of the responsibility of regulatory authorities for negligence in detecting corruption offenses
can achieve positive results in the fight against corruption.
Keywords:
corruption, conflict of interest, corruption risks, anti-corruption program, greed, government officials, code of ethics, declaration of income.
Reference:
Churov V.E. (2015). Implementation of the GRECO Recommendations
to Counter Political Corruption. Journal of Foreign Legislation and Comparative Law, 2, 193–197. https://en.nbpublish.com/library_read_article.php?id=66704
Abstract:
This article presents the thesis statement by the Chairman of the CEC of Russia V.E. Churov at the Fourth Eurasian
anti-corruption forum "Prevention of Corruption: New Approaches", dedicated to the implementation of GRECO
recommendations by the Russian Federation to combat political corruption. The analysis of progress in the implementation
of each of the twelve recommendations of GRECO, made at the third round of the assessment are given. New
disclosure rules on payers of entrance or membership fees stipulated by the Federal Law "On political parties", which
established new rules for disclosure of information on payers admission or membership fees are described. In addition,
it is noted that the CEC of Russia in 2015 plans to definitively determine the need and feasibility of establishing a fix date
for the publication by media of information on the receipt and expenditure of election funds.
The procedure of accounting of contracts on borrowing funds and its execution, allowing the Russian CEC and election
commissions of the subjects of Russian Federation to reveal the fact of non-repayment to the lender of the earlier raised
amount (part of the amount) after the occurrence of the original terms of performance is described in detail.
Keywords:
GRECO, round, financing, contributions, recommendations, loans, independence, resources, penalties, fine.
Reference:
Yusufov A.Sh. (2015). Main Directions of the General Prosecutor of the
Russian Federation’s Activity for Supervision of
Compliance with Legislation on Combating Corruption. Journal of Foreign Legislation and Comparative Law, 2, 198–202. https://en.nbpublish.com/library_read_article.php?id=66705
Abstract:
This article presents the thesis of the deputy head of department for supervision over the implementation of
legislation on anti-corruption by Prosecutor General's Office of the Russian Federation A.S. Yusufov at a plenary meeting
of the Fourth Eurasian Anti-Corruption Forum "Prevention of Corruption: New Approaches" (23-24 April 2015).
On the bases of the analysis of recent changes in the legislation on combating corruption and law enforcement practices
materials the conclusion on enhancing the effectiveness of law enforcement bodies, including compensation for the damage
from corruption offenses is made.
In particular, the examples of applying to the court for the recovery to the income of the Russian Federation of the property
upon the results of the implementation of cost control are noted.
In addition, the article describes the main activities of the Prosecutor General of the Russian Federation on the implementation
of international anti-corruption standards to the Russian legislation, in particular by means of legislative work and
organization of training.
Keywords:
president, duty, message, control, supervision, measure, standards, cooperation, crime, GRECO.
Reference:
Kapinus O.S. (2015). Contemporary Issues of Countering Corruption. Journal of Foreign Legislation and Comparative Law, 2, 203–206. https://en.nbpublish.com/library_read_article.php?id=66706
Abstract:
The present article describes the statistical data which characterizes the current state of corruption-related
crimes. The author states such positive trends as: reduce of the number of recorded crimes of corruption, the objectification
of statistical indicators, improve of the quality of detection and investigation of crimes, increased penalties, as well
as reduce of the level of corruption in the eyes of entrepreneurs. At the same time it is underlined that due to the high
latency of corruption, relevant statistics reflect likely performance of law enforcement agencies but not the real situation.
In the framework of the implementation of international agreements in Russia there should be work on the establishment of
criminal liability for a promise or offer or accept of illegal transfer fee by means of a legislative construct of a separate crime.
The article also addresses the problems of responsible reports of corruption crimes, protection of persons reporting on
corruption cases, involvement of legal persons in administrative liability for corruption offenses.
Keywords:
corruption, statistics, international agreements, GRECO, report, protection, criminal liability, administrative responsibility.
Reference:
Sidorenko E.L. (2015). Successful Practice of Legal Protection of Persons
who Report about Corruption Facts. Journal of Foreign Legislation and Comparative Law, 2, 207–212. https://en.nbpublish.com/library_read_article.php?id=66707
Abstract:
This paper analyzes the international experience of legal protection of persons reporting about corruption facts.
Main attention is focused on subject composition of persons to be protected, the state guarantees of the security of civil
servants and employees in the private sector. According to the legislation of the countries-leaders of the rating of Transparency
International (report "Legislation on the Protection of the applicants in the Big Twenty. Priorities for Action") the
possibilities of expanding the legal safeguards for the protection of informants in Russia are worked out. On the basis of systematic and comparative legal methods the author divides the research into five main sections: the range of persons
to be protected, communication channels, remedies, encouraging of informants and criminal liability for violation of the
rights of whistle-blowers. On the basis of a comparison of legal norms and their application the idea that the Western
practice in Russia can be applied only in part due to their low efficiency is justified.
In particular, the need for narrowing of the range of persons subject to legal protection and non-proliferation of status of
informants to the representatives of the individual government agencies is questioned.
Keywords:
corruption, information, informer, legal protection, a person who report about corruption, responsibility, legal guarantees, financial incentives, public employee, official.
Reference:
Tsirin A.M., Matulis S.N., Cherepanova E.V. (2015). Review of the Fourth Eurasian Anti-Corruption Forum. Journal of Foreign Legislation and Comparative Law, 2, 213–234. https://en.nbpublish.com/library_read_article.php?id=66708
Abstract:
This paper presents an overview of the main speeches of the participants of the Fourth Eurasian Anti-Corruption
Forum (Moscow, April 23-24, 2015), which reveals the basic vision of approaches to the prevention of corruption of representatives
of public authorities of the Russian Federation, subjects of the Russian Federation, the academic community,
representatives of foreign states, international organizations. In particular, the anti-corruption measures of general and
specific character, including aspects of the impact of the financial issues and social control in the prevention of corruption,
conflict of interest and other are considered. Special attention is given to interdisciplinary approaches and research.
In conclusion of the review there are recommendations adopted at the Forum, reflecting the main directions for improving
the practice of the implementation of measures aimed at the prevention of corruption offenses.
Keywords:
prevention of corruption, risks, interdisciplinary studies, international conventions, public monitoring, civil society, conflict of interest, ethics, monitoring, MONKOR.
Reference:
Khlestova I.O. (2015). Russian Courts Practice on Cases of Inheritances,
Complicated by Foreign Elements. Journal of Foreign Legislation and Comparative Law, 2, 235–240. https://en.nbpublish.com/library_read_article.php?id=66709
Abstract:
The article 1224 of the Civil Code of the Russian Federation which is devoted to inheritances, complicated by foreign
elements is considered. The courts practice on determination of applying law to relations of inheritances is explored.
The practice of Russian courts to determine the law applicable to immovable property situated abroad is also researched.
It is noted that in resolving the issue of the law applicable to the legal relations of inheritance, the court decides the nature
of the legal disputes. When deciding the issues about the law applicable to the form of the will, the courts presume
that they must comply with the requirements of law of the country where the testator had place of residence at the time
of drawing up such a will. Litigation takes into account the requirements of the law of the country of drawing up a will not
only to its form, but also in the content of the will.
Keywords:
foreign, court, Russian, law, private, international, inheritance, element, complicated, will.
Reference:
Arslanov K. M. (2015). Civil Legal (Private) Punishment by Tort: Prevention,
«Personal Satisfaction» in Civil Law. Journal of Foreign Legislation and Comparative Law, 2, 241–247. https://en.nbpublish.com/library_read_article.php?id=66710
Abstract:
The subject of the research is the question of the admissibility of punishment (prevention, "personal satisfaction")
as a function of civil liability. The issue is considered by the example of tort relations, especially in connection with
the assault on intangible benefits. The comparative legal analysis of the Russian and German law is conducted. The particular
importance in the development of the institute of private judicial punishment in the German law is a practice that
can serve as an example for the development of Russian law in this area. It is concluded that in the Russian law in the field
of civil liability the function of private punishment is not an alien. The method of comparative analysis on the example of
a comparison of the Russian and the German legal experience was used in this paper. A comparative analysis of civil and
criminal law in the protection of intangible benefits was made. The novelty of the study lies in the fact that the punishment
(private punishment) is considered as a component (function) of civil liability. As a rule, the penalty is considered to
be a characteristic of public-based brunches, including criminal law. Usage of the legal experience of German law to justify
the possibility of use the private punishment ("personal satisfaction", prevention) in the Russian law is explained by the
similarity of the legal traditions of the Russian and German law.
Keywords:
private punishment, personal satisfaction, prevention, German legal experience, compensation for moral damage, intangible benefits, tort law, judicial practice, civil liability, privacy protection.
Reference:
Merkulova T. A., Sakovich O. M. (2015). Legal Regulation of Collective Investment Schemes
in Hungary and Czech Republic. Journal of Foreign Legislation and Comparative Law, 2, 248–255. https://en.nbpublish.com/library_read_article.php?id=66711
Abstract:
The article deals with the basic forms of collective investment provided by the legislation of Hungary and the
Czech Republic, the stages of formation and structure of this legislation, its trends, and the legal definition of collective
investment is provided. The authors prove the value of collective investment in socio-economic life of these countries.
Particular attention is given to participants of collective investment, their characteristics and legal status. The article also
analyzes the regulatory practice of creation of pension funds as a form of preserving and increasing of pension savings. Scientific methods of research, in particular, synthesis and analysis were used in this work. Along with the scientific methods
the private law methods were used, namely, comparative legal, historical, technical -legal. The work is written on the
basis of new laws adopted in Hungary and the Czech Republic, which have made a change in the existing system of collective
investment of these countries. The authors analyze the history of the formation of collective investment, which took
place in Hungary and the Czech Republic in the new economic conditions associated with the change in policy and the
transition to a market economy relations . The issues of harmonization of Hungarian and Czech legislation with the latest
EU directives were studied.
Keywords:
forms of collective investment, investment fund, management company, EU Directive, privatization, portfolio investment, investment strategy, contract, asset management, insurance, investment entrepreneur, credit institutions, pension savings.
Reference:
Fedchuk V.D. (2015). Responsibility of Participants of Group Companies
and their Directors in the Modern Italian Law. Journal of Foreign Legislation and Comparative Law, 2, 256–268. https://en.nbpublish.com/library_read_article.php?id=66712
Abstract:
The present article is devoted to the analysis of one of the most significant novella introduced by the Italian
Company law Reform of 2004, namely, the norms governing the responsibility of controlling persons (companies and their
directors) for damages caused to shareholders and creditors in the process of implementation of the control functions.
The leading role in this issue played two concepts – the concept of "management and coordination" and the concept of
"competitive advantages" which was used by the reform as a basis for regulating relations between the affiliated companies.
The authors concluded that some elements of the legal regulation of groups of companies in the law of Germany and
Italy would be taken into account in the development of Russian civil law.
Keywords:
reform of law of company, group of companies, controlling company, controlled company, dependent companies, unitary direction, group of companies’ interest, conception of management and coordination, conception of competitive advantages, group of companies’ bankruptcy, controlling company’s liability, liability of director.
Reference:
Shcherbakov A.A. (2015). Issues of Vindicatory Action and Personal Legal Actions
Competition in German Civil Law. Journal of Foreign Legislation and Comparative Law, 2, 269–275. https://en.nbpublish.com/library_read_article.php?id=66713
Abstract:
The article is devoted to the correlation between the vindicatory and unjust enrichment actions in German civil
law. Òhe legal nature of condictio possessionis and vindication is briefly covered. Doctrines of a subsidiary vindication and
legal actions competition are compared on the basis of German Civil Code provisions, judicial practice and doctrine. The
conclusion can be drawn that both doctrines apply simultaneously (on a subsidiary basis) or exclusively. The author analyzes
the correlation between owner's and possessor’s interests, including a third party interests, in the course of chose’s
vindication relating to the reimbursement of its maintenance expenses and related income.
The conclusion about the priority of vindication because of its special nature, while making the reservation, and the alternative
use of tort rules and regulations of personal legal action and opportunities of the plaintiff based on the autonomy
of the will, to choose the most appropriate requirement.
The study is based on comparative legal method of investigation in conjunction with the systematic analysis of the provisions
of the German Civil Code and the Code of Civil Procedure of Germany, as well as the judicial practise of the higher
courts of Germany. The novelty and urgency of research is based on the consideration of the material aspects of bringing
proprietary, possessory and condictio claims. Issues of conflicts of these rules and options to overcome them are raised.
Comparative legal research of property law in Russia and Germany is of particular importance at the moment, the moment
of the fundamental reform of the civil law.
Keywords:
possession, vindicatory action, vindicatio, condictio, unjust enrichment, limited proprietary rights, legal claims competition, German civil law, reclamation of things, property right.
Reference:
Vlasova N. V., Muratova O. V., Tsirina M. A. (2015). Problems of Private International Law in the Light of the
Latest Changes to the Civil Code of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 2, 276–286. https://en.nbpublish.com/library_read_article.php?id=66714
Abstract:
The article contains the review of academic seminar «The problems of private international law in the
aspect of the reforming of the Russian Civil Code», which took place on the 12th of November 2014 in the Institute
of legislation and comparative law under the Government of Russian Federation. The common questions of the
reforming of legislation in the sphere of private international law and its application in practice of International
Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation were discussed
during the academic seminar so as certain institutes, which had been undergone transformation in respect of adoption
of the Federal law on the 30th of September ¹ 260-FZ «On amendments to the Chapter 3 of the Civil Code of
Russian Federation». The attention was paid to the conflict-law regulation of proprietary rights, transfer of the right
to claim, agency, unjustified enrichment, intellectual property, contracts involving consumers and the obligations
arising from culpa in contrahendo.
The point of issue were also such actual problems as the influence of economic sanctions, imposed by Western governments
against Russian Federation, on civil (commercial) relations between Russian and foreign partners; lifting the
corporate veil in judicial practice, connected with the disputes with off-shore companies. The foreign participants of the
academic seminar shared the national and regional experience of conflict of laws regulation.
Keywords:
private international law, the contractual statute, property statute, representation, pre-contractual relations, assignment of claims, unjust enrichment, intellectual property, the sanctions, removal of the corporate veil.
Reference:
Airapetyan Y.V. (2015). Appeal of Judicial Acts and Procedural Guarantees of
Accessibility of Justice of Civil Cases in Appellate Instance
of Republic of Armenia. Journal of Foreign Legislation and Comparative Law, 2, 287–293. https://en.nbpublish.com/library_read_article.php?id=66715
Abstract:
In this article the author examines in detail such aspects as the legal nature, the procedure for appealing of the
judicial acts, as well as the volume of procedural guarantees of accessibility of justice of civil cases in appellate instance
of the Republic of Armenia. Great attention is given to the problematic aspects of the principle of prohibition of turn for
the worse in the domestic science of civil procedural law. A comparative analysis of this concept and phased study of
the prerequisites of its existence in civil procedure of RA is made. The article carries a high scientific and practical value,
since it is one of the first attempts to study the procedural guarantees of accessibility of justice of civil cases in appellate
instance of RA.
The main conclusion is that, in civil procedure of RA in appellate instance participants have insufficient procedural guarantees
that enable for everyone to freely exercise their right to judicial protection and redress. Among other things, we can
say that in the court of appeal in civil procedure of Armenia works principle of the prohibition of turn for the worse, which
in turn is one of the many consequences and procedural guarantees of accessibility of justice.
Keywords:
accessibility of justice, appeal proceedings, civil procedure, exclusion principle, guarantees, court, judicial mistakes, Court of Appeal, judicial acts, Code of Civil Procedure.
Reference:
Gekhova D.Kh. (2015). Cassation Institution in Continental Law Countries and
Periods of its Development. Journal of Foreign Legislation and Comparative Law, 2, 294–303. https://en.nbpublish.com/library_read_article.php?id=66716
Abstract:
Continental system of law, as well as Anglo-Saxon, is historically one of the generators of the legislation of its
member countries. Forms of review of judicial decisions, which include an appeal and cassation, has long affirmed and
recognized in the course of historical development. Continental legal system developed under the influence of French law
in the XIX century. The article reveals the concept of "cassation" in French legislation, where historically cassation proceedings
were conceived, and then, in the next century its formation was influenced by German law. In the countries of
continental legal system the history of the institute of cassation as a form of appeal of judgment was sustained from the
France of XIX century to the present day in Russia, Germany, Switzerland, Belgium, Italy, Spain, Romania and Serbia. The
author highlights the cassation proceedings in a number of countries of continental legal system.
Keywords:
criminal process, judicial proceedings, cassation proceedings, the sentence, the right of appeal, the victim, History of the cassation, the judge, the prosecutor, the complaint.
Reference:
Leschenkov F.A. (2015). Protection of Children from Potentially Hazardous Information
according to the Law of the Federal Republic of Germany. Journal of Foreign Legislation and Comparative Law, 2, 304–306. https://en.nbpublish.com/library_read_article.php?id=66717
Abstract:
This article inspects basis of legal regulation of protection of children from the information which is able to harm
their physical and mental health according to the legislation of the Federal Republic of Germany. The article, particularly,
inspects categories of information, able to harm health of children, their development and discipline. Status and functions
of specialized German institution, assessing potentially hazardous information are revealed. Moreover, the article categorizes
potentially hazardous information and inspects legal consequences of making a decision upon affirming materials
being potentially hazardous for children. The study used such scientific methods as analyze, synthesis, comparative study,
logic, historical approach, deduction and induction. The article represents a full analytic study, which researches issues,
concerning protection of children from the impact of potentially hazardous information according to modern law of the
Federal Republic of Germany. Scientific novelty of the research is conditioned by the lack of publications on the subjects
of that problematic in Russian legal science.
Keywords:
information, protection of children, materials, Federal Republic of Germany, access, audio, video, law, politics, legal act.
Reference:
Kubantsev S.P. (2015). Whistleblower: Responsibility, Defense, Stimulation. Journal of Foreign Legislation and Comparative Law, 2, 307–311. https://en.nbpublish.com/library_read_article.php?id=66718
Abstract:
Article highlights the legislative regulation of the activities of persons who voluntarily reporting to law enforcement
agencies about the facts of offenses. It is not just the duty of public bodies to take and check a message of informant,
but also the possibility of joining the state bodies in the case of a civil action on the side of the plaintiff-informant as part of the "qui-tam" procedure, of ways of whistleblower protections from the negative effects from workplace side as well
as ways to stimulate individuals to such activities.
The set of general scientific and private-schientific methods of knowledge: dialectical method, analysis and synthesis of
the individual parts, the individual features of concepts, logical method, technical and legal method, comparative law
method, sociological, historical and formal-logical methods, the method of the unity of theory and practice are used.
The need for the study of foreign experience of legal regulation of certain legal categories is due primarily to the fact that
in a globalized legal environment and its unification increasingly need to be updated correlation of domestic and foreign
legal realities.
Questions of the informers themselves are not new to the national legal practice, but never is not reached before the
actual legalization of the status of the informant. However, these issues do not occupy the last place in the legal system
of some developed foreign countries.
Questions of legalization of informants are also updated in connection with the continuous development of legal structures,
offering more and more new means of influencing the perpetrators of the offense, and those who have any information
about preparing or perfect offense.
The issue of lunacy is of the complex cross-cutting issues of science and practice, which can distinguish the criminal law,
criminal procedure, criminal executive and judicial-psychiatric aspects. And because the solution of the question of the insanity
of human rights concerns directly with the person, then, in addition to the criminal law, and clearly comes through
constitutional and legal significance of the problem.
Keywords:
criminal, crime, corruption, whistleblower, defense.
Reference:
Artemov V.U. (2015). Problem of Extremism in Pakistan. Journal of Foreign Legislation and Comparative Law, 2, 312–316. https://en.nbpublish.com/library_read_article.php?id=66719
Abstract:
The article studies the problem of extremism in Pakistan, its threat and causes. It is noted that many of the reasons
have their roots in the recent history of Pakistan and destructive influence of external factors. Particular attention is
paid to the analysis of the ethnic and religious composition of the population and internal contradictions. It is underlined
that in the 2nd half of the 20th century there has began an intensive resurrection of Islamic law and adoption of acts
which introduced the provisions of Sharia. The author analysed the Pakistani legislation on combating extremism. In his
article the author widely uses the method of historical analysis and comparative religious research of stated theme. The
problem of extremism in the Near East and Central Asia is of great significance for all the world and particularly for our
country. At the same time the problem of Islamic extremism still remains inadequately explored. Therefore the author
aims to make his own contribution to the research of such a topical problem.
Keywords:
extremism, radicalism, Islam, sharia, security, Near East, criminal law, threat, religion, criminal responsibility
Reference:
Shayakhmetov T.R. (2015). Development of Institute of Self-Defense in English Law. Journal of Foreign Legislation and Comparative Law, 2, 317–321. https://en.nbpublish.com/library_read_article.php?id=66720
Abstract:
This article surveys the main stages of the institution of self-defense, as well as the key points of the evolution
of the provisions of the basic attributes of its legality in the UK law from X century until now. The author examines the
impact of statutory and common law on the development of the legislation on self-defense, in particular, such elements
of the legal institution, as a preventive defense, defending factual error, the protection of property. A brief review of the
current UK law on self-defense is given.
The author notes the special role of precedent in the formation of institutions of self-defense in English law, it is concluded
that this personal approach of appellate courts to judicial cases on the circumstances of self-defense and in-depth
analysis of all elements of the objective and subjective sides of cases make possible to identify and secure the necessary
legal elements of institute of defense. Thus, at the present time development of the institution of self-defense in the UK
is an additional safeguard to protect human rights and freedoms, and an essential element of a law state and civil society.
Keywords:
self-defense, legal self-defense, the history of self-defense, criminal law the UK, case law, crime, legal institution, preventive defense, actual error.
Reference:
Bogoluybov S. A. (2015). Study of Foreign and International Environmental Law
for the Purpose of Scientific Support of Lawmaking. Journal of Foreign Legislation and Comparative Law, 2, 322–328. https://en.nbpublish.com/library_read_article.php?id=66721
Abstract:
Scientific support of legislative and law enforcement activity involves a comparative legal analysis of international
law and international acts. This task which is assigned to the Institute of legislation and comparative law under the
Government of the Russian Federation is actively and continuously provided by the departments and employees in the
field of nature use and environmental protection, where foreign legal experience of economic activity regulation, balance
of public and private interests, the separation of powers of the state and its parts, state and municipal authorities,
competition of public initiatives in the field of ecology seems to be quite instructive. Forms of research are the publication of monographs, collections of articles, commentaries of the laws, analysis and synthesis of views expressed during
scientific conferences, with the participation of international colleagues. The results of the research is the implementation
of institutions and terms of foreign and international environmental law in national legislation, such as strategic environmental
assessment, statements and claims about environmental pollution, promotion of public, industrial and municipal
control, dissemination and use of environmental information; foreign partners will learn about Russian traditions of natural
resources, public stay in the forests and water protection zones, attitude to the protection of national nature and its
resources, the cooperation of the population and authorities.
Keywords:
environment, scientific support of lawmaking and law enforcement.