Reference:
Khabrieva T.Y. (2015). Current Lawmaking and Objectives of Legal Sciences. Journal of Foreign Legislation and Comparative Law, 3, 351–359. https://en.nbpublish.com/library_read_article.php?id=66808
Abstract:
The article investigates the main vectors of development of modern lawmaking. The challenges which are currently
standing before legal science in the field of lawmaking are analyzed. General legitimacy of legal development,
including the mobility of boundaries between brunches, the changes in the functions of classical branches of law, the
expansion of international law, etc. are revealed. Among the problems of modern jurisprudence the author also considered
scientific support for the systematization of law and the development of standards of lawmaking. It is noted that in
international practice, together with the traditional approaches to the systematization, new forms of incorporation and
consolidation of regulations, unofficial classification are actively introducing. Attention is drawn to the importance of a
uniform, standardized approach to the development and formation of normative legal acts.
The need for careful preservation of scientific heritage and its development in line with modern trends is emphasized. A
retrospective analysis of scientific research, anticipated the modern developments in the field of lawmaking is conducted.
The importance of research aimed at predicting the legal situations and risks is pointed out; special attention is paid to
scientific developments of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
– Concepts of development of legislation, giving a new impetus to the development of legislative initiatives.
The problems of extension of legislative activities’ tools, including the demand for the ideas of psychological, economic
and legal areas of jurisprudence are researched. The importance of the synthesis of scientific and legal ideas for the development
of legislative activity is noted.
Keywords:
law-making, legal science, modernization of law, systematization of legislation, standards of law-making, lawconsulting, law-making doctrine, research, legislative initiatives, legal-sociological research, legal technology.
Reference:
Yakovlev V.F. (2015). Legal Science and Modernization of the Civil Code
of the Russian Federation. Journal of Foreign Legislation and Comparative Law, 3, 360–362. https://en.nbpublish.com/library_read_article.php?id=66809
Abstract:
Legal science, legislative process and law enforcement practice are not only interconnected, but also actively interact
with each other. The science of civil law has a complex effect on the legislative process at all stages and phases. In particular,
the science of civil law performs the functions of modeling, forecasting, verification of the effectiveness and timeliness
of legislative developments in the formation of the sources and the system of civil legislation. Carrying out the functions of
forecasting and modeling the capabilities and tools of science of civil law has been used in the preparation of legislative developments
of corporate, exclusive, property law and law of obligations, including the latest developments of the Civil Code
of Russia, which confirms the importance and relevance of legal researches in the light of the current legislative reforms.
Active and continuous interaction of the legislative process and science of civil law is confirmed by the current activities of
the Council for Codification and Enhancement of Civil Legislation under the President of the Russian Federation, to the tasks
of which expert activities of bills in the field of legislation of civil law and definition of the strategy for further development
of the national civil law in view of the harmonization of civil law countries the European Union are assigned.
Keywords:
legal science, lawmaking process, law enforcement practice, the reform of civil legislation.
Reference:
Tretyak N.V. (2015). Legal Regulation of Scientific Activity:
Problems and Solutions. Journal of Foreign Legislation and Comparative Law, 3, 363–366. https://en.nbpublish.com/library_read_article.php?id=66810
Abstract:
Based on the characteristics of the modernity, requiring high quality in the management of social processes, the
author examines the aspects of the development of intellectual potential, scientific training as an important element of
scientific, technological and innovation policy of the Russian Federation.
Competent legal regulation of social relations arising in the field of scientific, technical and innovative activity is linked to
the development of a new systemic act in the field of science. In the framework of preparation of the concept and draft
of the act it is necessary, first of all, to develop the conceptual apparatus of the future law (giving priority to the formalization
of such a multi-faceted term as scientific creativity, scientific and technical content, scientific expertise, education
and innovation activity), to formulate the principles of state regulation of scientific, technical and innovation activity to
determine the basic provisions of public policy, including those aimed at the protection and active development of international
cooperation in science and high technology.
The legal status of the scientist, the state guarantees of his activity and measures of his social support, forms of government
and public recognition of the achievements, the activity of research teams are considered in the article, as the
central element of the new law, and therefore it is proposed to make these issues the subject of most attention, the most
extensive and versatile discussion.
Keywords:
science, scientist, scientific activity, scientific-technical activity, innovation, a draft of federal law, scientific expertise, discussion.
Reference:
Fedorov A.V. (2015). International Legal Regulation of Issues of
Criminal Liability of Legal Persons. Journal of Foreign Legislation and Comparative Law, 3, 367–381. https://en.nbpublish.com/library_read_article.php?id=66811
Abstract:
The article deals with the provisions of international treaties providing the establishment of criminal liability
of legal persons by countries – participants. At the same time the attention is drawn to the origins of international treaties
providing criminal liability of legal persons, it is shown that the establishment of criminal liability of legal persons in
a number of states in which the application of this institute has shown its effectiveness was preceded by the adoption of
such international treaties.
The classification of such contracts is presented. The urgency of consideration of international requirements on the introduction
of criminal liability of legal persons in connection with the consideration of the State Duma of the Federal Assembly
of the Russian Federation of the Federal Law draft ¹ 750443-6 “On Amendments to Certain Legislative Acts of the
Russian Federation in connection with the introduction of criminal liability of legal persons” is pointed out.
The author analyzes the basic provisions of international treaties relating to the criminal liability of legal persons, including:
the fixation of the list of offenses for which it is possible to establish criminal liability of legal persons; an indication
of the specific circumstances that allow a legal entity to consider subject to criminal liability or to determine that a crime
is committed by a legal person (with its participation); identification of approaches to establishment of guilt of a legal
entity; a list of penalties (sanctions), which can be subjected to legal persons; the requirement of application to the legal
persons, subject to criminally prosecution of effective, proportionate and dissuasive sanctions, including monetary sanctions;
as well as the statement that the prosecution of the legal entity should not cause "damage to the criminal liability
of individuals having committed the crime."
Keywords:
international treaties, criminal liability of legal persons, the objective due to the introduction of criminal liability of legal persons, the legal entity as the subject of the offense, the legal person as the subject of criminal prosecution.
Reference:
Busurmanov J.D. (2015). Eurasian Declaration of Human Rights and Nations –
Search of the Resolution of Inter-Civilizational
Contradictions of the XXI Century. Journal of Foreign Legislation and Comparative Law, 3, 382–388. https://en.nbpublish.com/library_read_article.php?id=66812
Abstract:
In conditions of the crisis manifested in the field of democracy and human rights on a planetary level, the Eurasian
concept of Human Rights and the Eurasian Declaration of Human Rights and nations as special vision, look at these
problems can bring its contribution to the resolution of conflicts emerging through the promotion to general, universal
through the recognition and respect of diversity, uniqueness, identity of the people and their state. Theoretical and ideological
basis of the Eurasian Declaration is the Eurasian concept of human rights, stated that respect for fundamental
human rights and freedoms in addition to rights and freedoms assumes binding mutual obligations and responsibilities
between people, society and the state. Only the existence of a balance of interests between these subjects contributes to
the real implementation of both individual and collective rights and freedoms.
Keywords:
democracy, human rights, the crisis of democracy, the Eurasian concept, Eurasian declaration, Eurasian Court of Human Rights, the civilization, the Eurasian continent, general, universal, identity, uniqueness, sovereignty.
Reference:
Kapustin A.Y. (2015). Legal Research and Formation of the
New Millennium World Order. Journal of Foreign Legislation and Comparative Law, 3, 389–396. https://en.nbpublish.com/library_read_article.php?id=66813
Abstract:
The article discusses the main features of the modern international law science, its nature and functions in the
international community of states in the framework of formation of world order of the XXI century. The role and influence
of the traditional centers of science development (universities, scientific research organizations), as well as new members,
initiating the development of international legal researches (international intergovernmental and non-governmental organizations,
professional associations of scientists) on the development of the modern science of international law and
its structuring ( on research schools or doctrines). The subject of the science of international law is analyzed in detail. As
a result, a proposal is formulated: to include not only the rules of international law (treaty or customary law), but also
other facts of international (acts of international organizations and international conferences, including acts of "soft law",
and program rules, law-enforcement acts, including the diplomatic correspondence, decisions of international judicial and
quasi-judicial bodies, acts of INGOs) or national legal reality (legislation and law-enforcement practice).
The author puts forward the idea that the science of science in the meaning that is the study of the doctrines of international
law, also relates to the subject of science. The impact of the transitional period in the development of international
relations on the growth of nihilistic perception of international law is noted. At the same time the approaches to the definition
and recognition of science as a source of international law are discussed. It is concluded that under current conditions
the value of international legal science as a way of knowledge of international law and on that basis of expansion of
its influence on the international law-making and enforcement activity increases.
Keywords:
international law, science of international law, history of science of international law, school (doctrine) of international law, the subject of science of international law, the science of international law and international law-making, the science of international law and international judicial practice, the doctrine of international law as a source of international and national law.
Reference:
Mamtsev G.E., Leshchenkov F.A., Alimov E.V. (2015). Lawmaking and Legal Science: Contemporary Problems
(Review of X International Practical School of
Young Legal Scholars). Journal of Foreign Legislation and Comparative Law, 3, 397–404. https://en.nbpublish.com/library_read_article.php?id=66814
Abstract:
On June 3-4, 2015 the X jubilee International practical school of young legal scholars «Lawmaking and legal science:
contemporary problems» took place at the Institute of Legislation and Comparative Law under the Government of
the Russian Federation. The international practical school of young legal scholars was attended by over 520 from leading
scientific and educational centers, various public authorities and the business community of the Russian Federation and
many foreign countries. The main activity direction of the participants of scientific-practical school was aimed at improving
the law-making process at the national level. This is necessary both to increase the value of the adopted normative
acts, the effectiveness of law enforcement and the development of the rule of law.
Keywords:
lawmaking, legal science, practical school of young legal scholars, contemporary problems, law enforcement, legislation.
Reference:
Bogdanovskaya I.Y. (2015). Law-Making Process in the Common Law Countries:
Comparative Aspects. Journal of Foreign Legislation and Comparative Law, 3, 405–413. https://en.nbpublish.com/library_read_article.php?id=66815
Abstract:
Traditionally, the common law countries are famous as countries of precedent law. At present times they are distinguished
by increasing share (proportion) of legal acts (statutes). This phenomenon makes more actual the issue of efficiency
of law-making process. There is noted in the article that in international legal doctrine exists now such direction (school), as
legistics, which explores elaboration of theory of law-making and of criteria of its efficiency. Author looks at specifics of lawmaking
process in states belonging to legal family of common law. Despite this belonging these states are differed in its forms
of rule. That condition permits author to clear general and special characteristics of law-making, ways and means of interaction
of executive and legislative in parliamentary monarchy and presidential republic. Author emphasizes big measure of
centralization of process mentioned in United Kingdom and other countries of Westminster model. It distinguishes lobbyism
in these countries from lobby activities in US .In particular, author studies correlation of legislative process stages, influence
of party discipline upon voting of deputies. Parliamentary supremacy is a root of significant role of legislative in law-making.
In US model role of Congress was rather modest one. In the same time practice demonstrates both models currently are
under change. Principle of strictly divided powers in US model leads to increasing role of Congress.
And role of Parliament is reducing in the countries of Westminster model of parliamentary supremacy. Author implements
various methodological methods in the article. Combining normative and sociological approach gives opportunity
to analyze law-making process as a whole, to discover correlation of legally established social model and its social content,
to check efficiency of such model in regulation of social interests connected with bill.
Keywords:
parliamentary monarchy, presidential republic, law-making, legislative process, parliament, congress, houses of parliament, legisprudentsia, bill, government, head of state.
Reference:
Pilipenko A.N. (2015). France: the Citizens as an Object of Public Control. Journal of Foreign Legislation and Comparative Law, 3, 414–421. https://en.nbpublish.com/library_read_article.php?id=66816
Abstract:
The article deals with the threat to the rights and freedoms of the individual, generated by the scientific and technical
progress. One of the many questions that required legislative regulation, was the control of the use of information about
an individual, against the abuse of this information. The impact of information on the legal status of the individual becomes
obvious to experts, including for lawyers, with the proliferation of computer technology. By the mid 70-ies of the last century,
Western countries were faced with the necessity of legislative regulation of issues related to the use of computers in the
processing of information about citizens. The adoption of relevant legislation in almost all developed countries, reflecting the
desire of the state to gain control of negative processes was caused by scientific and technological progress.
The history and development of the French legislation goes in line with the overall goals and objectives faced by foreign
legislator in this area. Based on an analysis of French law "on information technology and freedoms," the author concludes
that the state does not eliminate the causes of restrictions on rights and freedoms, and only fixes these limits,
trying to gain control of the negative consequences of the introduction of modern life in the latest techniques and technologies.
In this context, the significant strengthening of the control function of the National Commission on Informatics
and Liberties, received in the 2000s considerable powers to investigate violations of the law on personal data. Against the
backdrop of the apparent "de-privatization" of human life, the evolution of the right to privacy, the possibilities and the
limits of the legislator to protect the right to privacy under electronic control, acquiring total.
Keywords:
personality, citizen rights, freedoms, restrictions, information, privacy, personal data, the National Commission on Informatics and Liberties.
Reference:
Chernukhina L.S. (2015). Parliamentary Committees: Types, Powers and
Performance Order (Canadian experience). Journal of Foreign Legislation and Comparative Law, 3, 422–427. https://en.nbpublish.com/library_read_article.php?id=66817
Abstract:
The article deals with the aspects organization and activities of the parliamentary committees in Canada. The
author gives a classification of the committees in terms of the duration and their composition, analyzes legal framework,
which is the basis for the functioning of parliamentary committees, conducts a comparative analysis of permanent and
ad hoc committees and pointed out the importance of extending the privileges and immunities on the activities of parliamentarians
in the work of the committees . The author recognizes the special importance of guaranteeing of these
privileges for persons called in committee meetings as witnesses. The examples of judicial practice in cases involving
issues of privileges and immunities are presented. On the basis of the analysis of court decisions, the author concludes
that the immunities and privileges under consideration are a powerful and versatile tool as a guarantee of the protection
of parliamentarians and invited to the meetings of committees persons (only twice in the history of the Parliament the
application of judicial waiver of the privilege of freedom of speech were satisfied by the House of Commons). The author
concludes that the procedural aspects of the committee activity don’t depend on the type of Committee and set by the
Rules of the House of Commons, decisions of the House, as well as by the internal rules of a committee. A detailed analysis
of the cases consideration in the committees is given. Particular attention is paid to the provision of witness interviews
and documentary information propose. The author concludes that the work of the committees is an effective mechanism
for the dynamic consideration of issues within the competence of Parliament. The author believes that the experience
of the procedural aspects of the Canadian parliamentary committee’s activity can be useful in the development of more
effective activity mechanisms of Russian legislative bodies of both federal and regional level.
Keywords:
Canada, the Parliamentary Committee, the House of Commons Standing Committee, a special committee, privilege, immunity, a witness.
Reference:
Ternovaya O.A. (2015). Public Companies in the European Union and
Public Associations in Russia. Journal of Foreign Legislation and Comparative Law, 3, 428–433. https://en.nbpublish.com/library_read_article.php?id=66818
Abstract:
This article is dedicated to the analysis of the specifics of legal regulation governing the activities conducted by
the public companies in the European Union countries and public associations in Russia. The paper reveals the concept
“company” used in the European Union countries, as well as draws the distinction between public and private companies.
The author reviewed legal status of the public companies in the common law jurisdictions of the European Union (the Great
Britain, Ireland) and the one of the public joint stock companies in the continental system of law (France, Switzerland).
The European Union Directives are shown as having influence on the establishment of the national corporate legislation,
for instance in the Great Britain, Ireland, France, Finland. The important aspect of this research is to review the relation
between imperative and contractual approaches to the management of the companies, whose shares are quoted on the
stock exchange. In the common law states all the commercial corporations are divided into public and private, in contrast,
the continental corporate law applies such classification only to the joint stock companies. In case where the entity possesses
the “public joint stock company” legal status, it is subject to stricter requirements. The public joint stock company shares are
quoted on the stock exchange and their members are in need of a higher rights protection. This work considers the grounds
for creating the new Russian commercial societies classification: public and non-public. The main idea of the introduction of
such division into the Russian Civil Code is that the non-public associations shall be granted significant freedom of the internal
organization, which can be set not only by the articles of association, but by the corporate contract. Legislation governing
the activities of the Russian public associations is similar to the experience of the majority of the European Union countries
and should be more imperative as compared to the legislation governing the non-public society’s activities.
Keywords:
comparative corporate law, European Union, classification of legal entities, public companies, private companies, public associations, non-public societies, joint stock companies, limited liability entities, Corporate Governance Code.
Reference:
Antonov V.F. (2015). Application of the Doctrine of Good Morals in
Foreign Legal Systems (Socio-Economic Aspects). Journal of Foreign Legislation and Comparative Law, 3, 434–439. https://en.nbpublish.com/library_read_article.php?id=66819
Abstract:
The article deals with socio-economic aspects of the doctrine of good morals’ application in modern legal systems.
On the basis of historical sources the main trends in the development of legislation on good manners in foreign
legal systems are analyzed. Analysis of law-enforcement practice shows that on the basis of the doctrine of good manners
the conflicts in the modern joint-stock, banking, commercial law, as well as in the sphere of obligation relations can
be resolved. On the example of specific legal acts the evolution of theoretical views, which ensure the application of the
doctrine of good morals in modern legal systems are shown. Despite some legislative transformation good manners remain
the most effective instrument of business regulation. The universality of this institution is due to its orientation to
the traditional criteria of morality, manifested in making concrete judgments. Historical documents indicate that during
the formation of capitalist relations of good morals played crucial role on the way to counter the negative manifestations
of the expanding capitalist production. In these cases, the legal regulation was carried out through the formation of appropriate
incentive mechanisms to counteract the negative effects of the natural tendency of entrepreneurs to obtain property benefit. Analysis of some international documents shows that most legal limitations in international trade arise
from the generally recognized principles of integrity, fairness and other ethical categories that define fundamental criteria
for the proper conduct of the parties during the performance of property obligations. Thus, good manners initially
contacted with honest conduct of affairs, the need to respect of the socio-cultural limitations during the performance of
civil obligations.
In foreign jurisdictions, good manners lay in the basis for solving of property conflicts, causes by unfair competition. Given
the significant conditionality of legal limitations related to the definition of the boundaries of unfair competition, the
legislature relied on the existing practice of fair trade. According to traditional beliefs the competition must not develop
into unscrupulous actions involving the use of deceptive and unlawful business practices. Based on this circumstances
which originally prohibited any unlawful remedies of market participants removal: through the implementation of price
manipulation, the use of deceptive practices, providing false information and so forth.
Keywords:
good morals, unfair competition, fair trade, public order, obligations, integrity, legislation, economics, custom, legal restrictions.
Reference:
Novikova R.G. (2015). Civilizational Approach as a Methodological Basis of
Studying the Islamic Legal System. Journal of Foreign Legislation and Comparative Law, 3, 440–445. https://en.nbpublish.com/library_read_article.php?id=66820
Abstract:
In view of ongoing geopolitical events in the modern world, the development of legal science requires the use of
different methodological approaches and principles, among which stands out the civilizational approach. The use of this
approach will help to look at the existing diversity of national legal cultures and to reveal the specifics of the national-state
formations. Civilization approach emphasizes peculiarities of the Islamic legal culture, the existence of which has fourteen
centuries. Taking to consideration the fact that Islam as a religion is inseparable from the law by genetic link, and despite the
historically significant changes such as the abolition of the Ottoman Empire in 1924, the classical religious and legal setup of
Islam continue to have a significant impact on the legal space of the contemporary Islamic states. An important is the fact
that the civilizational approach emphasizes not only the stability of the legal systems, but also reveals the specifics of the
Islamic tradition on the background of borrowing by Islamic states of the European experience in the field of legislation.
This is clearly manifested in the sphere of legal regulation of financial relations of Islamic countries at the present stage.
In this connection, the use of the civilizational approach as a methodological basis of the study of the Islamic legal system
has significant relevance in the comparative study of at first sight different civilizations of the West and the East.
Keywords:
civilization approach, civilization, Islamic law, religion, Islam, islamic financial system, financial system, islamic legal traditions, comparative law, legal system.
Reference:
Doronina N.G. (2015). Specific Features of Regulating of Economic Integration in
Latin American Countries. Journal of Foreign Legislation and Comparative Law, 3, 446–454. https://en.nbpublish.com/library_read_article.php?id=66821
Abstract:
The article contains the analysis of the main sources of legal documents concerning integration in Latin America.
Special attention is devoted to the economic integration, the example of which is Andean Common Market. The analysis
of the legal basis of economic integration shows the connection between economic integration of the last decades of the
20th century and the movement to the Confederation of the States in South America under the direction of Simon Bolivar.
The legal récipé of the integration in the nineteenth century became a tradition in the “American international law”. The
analysis of the Montevideo and Pan American Conventions helps to explain the important Role of the legal doctrine in
Latin American process of integration. The specifics of the integration process in Latin America is in its basis – strengthening
process of the unification of Law. The modern technique and the forms of legal integration in Latin America are partly
taken from European integration. Then enriched with the local concepts and doctrine and are aimed to resolve the inner
problems of the region.
The character of economic integration in Latin America exposes the enforcement of support of national business activity,
the economic role of State sector in the Economy, and the development of the cooperation in the region in the form
of multinational enterprises. These characters are developing greatly due to the concept that national law is the basis of
regulation of the relationships with the foreigners’ participation.
The example of such nationalistic concepts is the Calvo doctrine, which appeared in nineteenth century and continues to
influence the investment policy of Latin American countries up till now. Calvo doctrine plays an important role in economic
integration, which is the continuation of the integration movement following the fight for the independence against colonial
power of European countries and for the defense of national interests, that are now also actual. The Calvo doctrine, deactivated
in 90-ies, is now revived. The revival of Calvo doctrine does not object the economic integration in Latin America
because the concept of unification of law in the integrated States is based on the division of jurisdiction in the international
document. That means the broad range of legal methods and instruments that each integrating State may use in economic
regulation. There are different examples, shown in the article, how the rules of international treaties on jurisdiction help to
coordinate policies and integrate the States in their efforts to achieve economic goals and defend sovereignty.
The analysis of International Treaties of the First South American Congress and of the Decisions of the Commission of Carthagena
Agreement of the ANCOM countries had a great influence on local foreign investment regulation due to the basic concept
of Calvo doctrine. It resulted in the principles of capital regulation and stability of integration process. The investment policy
makes the foundation of economic integration. The compromise reached in international documents allows the integrated
States to address the international mechanisms to resolve investment disputes. At the same time the traditional approach to
the problems of jurisdiction makes it possible for the States participating in the integration process to use different instruments
to defend their interests and simultaneously to search the best rules and practices to regulate business relations.
Keywords:
Montevideo Treaties, Pan American conventions, Inter-American Conference on private international law, unification of law, Common Regime of foreign investments of Andean Common Market (ANCOM), Calvo doctrine, Decisions of the Commission of the Cartagena Agreement, Common Regime of legal regulation of foreign investments, unification of law.
Reference:
Osminin B.I. (2015). Undertaking and Implementation of International
Treaty Obligations by Federal States. Journal of Foreign Legislation and Comparative Law, 3, 455–464. https://en.nbpublish.com/library_read_article.php?id=66822
Abstract:
If a state has a federal structure constituent units might be included in domestic legal processes relating to
treaty-making. Such units might be directly involved, i.e. where the federal authorities conclude the treaty at the international
level, constituent units might possess certain powers in relation to the process at the domestic legal level. They may
indirectly influence the domestic legal process where they constitute a legislative chamber, whose consent to certain treaties
is necessary. Domestic law in certain federal states provides for constituent units to be involved in the process leading
to the conclusion of treaties by the federal government. In a first group of states there is a requirement for consultation
with constituent units in matters within their exclusive jurisdiction or if their interests may be affected. In other countries
there is no legal obligation in this respect, but in practice the constituent units are consulted before the signing of treaties
that may affect their powers. In a third group of states there is no legal provisions for constituent units to be consulted
and the federal government is in contacts with them only for political and not for legal reasons.
The performance of treaties by federal states can give rise to special problems. Although article 29 of Vienna convention
on the law of treaties provides that, unless there is a different intention, a treaty is binding upon each party in respect
of its entire territory, it may be difficult in some federal states for the federal government to ensure that a treaty is fully
implemented in all constituent units. This may be because under a federal constitution certain powers are often shared
with constituent units. If the units have to legislate there could be delays or even obstruction. The federal constitution
may therefore provide for such matters to be vested exclusively in the federal government when powers have to be exercised
in performance of a treaty obligation.
Keywords:
federal states, constituent units, allocation of powers, mixed treaties, federal state clause, law of treaties, domestic legal processes, substitution mechanism, international treaty obligations, international responsibility.
Reference:
Bevelikova N.M., Kochnov D.I. (2015). Legal model of Bilateral Relations between the Republic
of Korea and the Russian Federation. Journal of Foreign Legislation and Comparative Law, 3, 465–472. https://en.nbpublish.com/library_read_article.php?id=66823
Abstract:
The presented article is devoted to legal analysis of the development of bilateral relations between the Republic
of Korea and the Russian Federation, that are the most important at the present time due to the changing political
targets in Russia. The analysis of both phases of the formation of relations between the states and the legal problems of
the Russian-Korean cooperation is made. The authors identify particularities of the model of relations between Korea and
Russia on trade-economic and scientific-technical spheres of cooperation between the two countries, and the dominant
trends in the development of bilateral inter-regional cooperation. On the basis of investment experience of South Korean
business organizations on the implementation of intergovernmental agreements in Russia, the authors examine a wide
range of inter-state relations between Korea and Russia, and propose measures for their improvement.
Keywords:
cooperation, agreements, bilateral relations, The Republic of Korea, “Eurasian initiative”.
Reference:
Valeev D.M. (2015). United Nations Convention against Transnational
Organized Crime of 2000: Theoretical Analysis. Journal of Foreign Legislation and Comparative Law, 3, 473–479. https://en.nbpublish.com/library_read_article.php?id=66824
Abstract:
United Nations Convention against Transnational Organized Crime (Palermo, December 15, 2000) and its three
Protocols are the international systematic legal act. It is noted that to the obvious advantages of the conventional mechanism
to combat transnational organized crime can be included its comprehensive, integrated approach to the subject
of regulation, the presence of concrete regulatory standards, a unique process-protective mechanism of cooperation
between law enforcement agencies in the fight against transnational organized crime.
In addition to the positive quality coverage of the Convention can be related serious crimes of a transnational nature,
committed by an organized criminal group; openness to create new scientific knowledge, the detailed specification of
procedure of mutual legal assistance between its participating States on regulated issues, the inclusion of a number of
provisions of a fundamental nature for the formation of the international legal framework to combat transnational organized crime. However, analysis of the Convention helps to identify a number of so-called "problem norms" from the
point of their theoretical and legal excellence. The article analyzes the ways to address such gaps in the international legal
regulation of countering transnational organized crime, to make predictions about the possibility of eliminating the risks
involved in law-enforcement.
Keywords:
Transnational organized crime, international crimes, United Nations Convention against Transnational Organized Crime, the Protocol number 1 against the Smuggling of Migrants by Land, Sea and Air, the Protocol number 2 of the Prevention and Suppression of Trafficking in Persons, especially Women and Children, punishment, the Protocol number 3 against the Illicit Manufacturing and Trafficking in Firearms, their Parts and Components and Ammunition.
Reference:
Akopyan O.A. (2015). Foreign Experience of Regulation of the Activity of
Microfinance Institutions. Journal of Foreign Legislation and Comparative Law, 3, 480–483. https://en.nbpublish.com/library_read_article.php?id=66825
Abstract:
Questions of legal stimulation of the development of small business sector in Western countries, including by
expanding the scope of microfinance services are researched as well as the implementation of the state policy in the field
of stimulating the development of small business. Regulatory impact analysis of existing and newly adopted regulations
in terms of their impact (or potential impact) on the segment of small and micro-enterprises in the Russian Federation is
presented. Peculiarities of information provision and maintenance activities carried out within the framework of policies
to encourage the development of small business are pointed out. The author gives the consideration of scientific views
on a wide range of research questions of microfinance sphere, a detailed analysis of the legal conditions for the appearance
and development of microfinance institute, the study of the legal regulation of microfinance in foreign countries. It
was possible to identify the most promising forms of financial and credit support for small businesses, taking into account
international experience: 1) issuance of guarantees on bank loans to small businesses; 2) interest rate subsidies on bank
loans; 3) promotion of the leasing market; 4) encourage the development of venture capital market.
Keywords:
finance, regulation, the United States, state, subsidies, financial institutions, financial resources, finance, economics, microfinance.
Reference:
Mamtsev G.E. (2015). Financial and Legal Aspects of Development of the Institution
of State Corporations in Russia and Foreign Countries. Journal of Foreign Legislation and Comparative Law, 3, 484–495. https://en.nbpublish.com/library_read_article.php?id=66826
Abstract:
The present article is devoted to consideration of various aspects of legal status of the state corporations as the
special subjects which are representing the participation of state-owned property and finance in the private sector which
is providing public interests for development of strategic branches of national economy, and carrying out social, administrative
and other socially useful powers and functions. The attention to history of formation and development of this
institute in a domestic law and order is paid. Questions of a legal status of so-called state quasicorporations are taken up.
The author pays considerable attention to research of practice of application of institute of the state corporations in the
foreign states, such as Germany, Great Britain, Japan, Canada, the USA, the People's Republic of China, Saudi Arabia and
some other. In the course of research by the author the following methods were applied: logical, analogy method, method
of a historical retrospective, comparative and legal method. On the basis of the analysis of the Russian legislation the author
specific signs of the state corporations come to light.
The conclusion that application of institute of the state corporations in the majority of foreign countries covers wider
range of branches and spheres of national economy, than in Russia is drawn. The reasons of insufficiency of legal regulation
of financial control of activity of the state corporations and, as a result, difficulties of procedure of attraction of the
specified subjects to responsibility for inappropriate use of the huge financial means and property allocated by it are established.
Besides, emergence prospects locate in Russia of the new state corporations and the companies or educations
similar to them with the dominating participation of the state.
Keywords:
state corporations, state companies, legal status, legal entities, public interests, state quasicorporations, Deposit Insurance Agency, Agency of credit guarantees, public finance, non-profit organizations.
Reference:
Golovanova N.A. (2015). Confiscation vs. Corruption (Foreign Experience). Journal of Foreign Legislation and Comparative Law, 3, 496–503. https://en.nbpublish.com/library_read_article.php?id=66827
Abstract:
This article is concerned with issues of foreign states successful experience of legislative regulation of assets
forfeiture mechanisms resulting from corruption offenses. Confiscation of assets of the perpetrator, if a crime was committed
out of mercenary or corruption motives, according to the author, is the fairest society response. The purpose of
confiscation proceedings is to deprive the defendant of the financial benefit that he or she has obtained from criminal
conduct. Modern states are increasingly using different types of confiscation to deprive criminals of any proceeds derived
from corruption-related offenses (all free property wherever situated and includes money; all forms of real or personal
property; and things in action and other intangible or incorporated property). In many countries, confiscation in rem is
widely applicable. This method allows confiscation of illicit assets, the proceeds of crime, hidden by the third parties (relatives, heirs, partners) out of criminal procedure. Application of civil procedure methods transfers the burden of proof
to the defendant. This is one of the main advantages of civil forfeiture compared with traditional criminal confiscation.
The article analyzes what changes this institution is currently undergoing. Examples of this are the Australian laws on
unexplained wealth. Under the influence of international instruments extended confiscation is increasingly introduced in
modern foreign criminal law, which allows to use similar methods with civil proceedings. Having analyzed the forfeiture
legislation in relation to the proceeds of corruption of several foreign countries in recent years (Italy, Slovenia, Australia,
The Republic of Korea and others), the author concludes that there are significant changes in the traditional approach
to this institution. It can be said that the scope of the institution is extending and modified in various jurisdictions. The
author believes that foreign experience can be obtained to address Russian issues.
Keywords:
corruption, proceeds of crime, extended confiscation, unexplained wealth, civil recovery, burden of proof, civil procedure methods, new legislative regulation, foreign law, criminal law.
Reference:
Semykina O.I. (2015). Prognostication of Criminal Legislation on
Economic Crimes. Journal of Foreign Legislation and Comparative Law, 3, 504–511. https://en.nbpublish.com/library_read_article.php?id=66828
Abstract:
The article analyzes the legislative and theoretical approaches to the prognostication of criminal law and the
liability for the economic crimes. By applying the methods of retrospective analysis, extrapolation and comparative study,
the author advances prognosis options for improving in the Russian criminal law on liability for economic crimes such as
the manipulation of budgetary funds, offering and promise of bribery. In addition, the article explains the "spiral" for the
Russian criminal law the tendency of "revival" of the rules on liability promotion in bribery, institutions of offering and
promise of bribery and liability of legal persons.
Keywords:
Criminal Code, economic crimes, prognostication, methodology, promotion in bribery, offering of bribery, promise of bribery, liability of legal persons.
Reference:
Sivakov D. O. (2015). Model of Responsible Fishery and the National Legislation. Journal of Foreign Legislation and Comparative Law, 3, 512–518. https://en.nbpublish.com/library_read_article.php?id=66829
Abstract:
The author reveals the process of formation of legal model of responsible fishery, which has following features.
Firstly, it is a highest possible conservation of water biological resources, key habitats. Secondly, an orientation towards
ensuring food safety of the state, flag of which fisherman carries out.
Thirdly, participation in the regulatory processes for responsible fishery by different "public entities", including subjects
of the Russian Federation and local authorities. As a fourth characteristic it can be shown the most problematic of them
– compensational nature of payments. Money from the fishery should be redistributed as possible to the protection of
aquatic biological resources and their habitats. The paper examines the sources of international soft law, legislation of
United States, Canada, Australia, Norway and some other countries. Said signs of responsible fishing are formulated by
the author independently and are the new ones.
Unfortunately, we cannot surely state that all features of responsible fishery are presented properly in law and law-enforcement
practice of our country. Russian legislator and the doctrinal documents of Russia prefer to remain silent about
responsible fishery. However, indirectly dynamic Russian legislation and doctrinal documents in the field of fisheries predispose
this sector of the economy to move to a model of responsible fisheries.
Keywords:
responsible fishery, water biological resources, live sea resources, ship quotas, legislation, principles of legislation, legislation of states, fish sector councils, compensational payments, resource saving payments.
Reference:
Kurbanov R. A., Shvedkova O. V., Belyalova A. M., Demina A.N. (2015). Analytical Review of the Work of the 102th Plenary Session
of the European Commission for Democracy through Law
(Venice Commission). Journal of Foreign Legislation and Comparative Law, 3, 519–530. https://en.nbpublish.com/library_read_article.php?id=66830
Abstract:
This article provides a brief overview of the activities of the European Commission for Democracy through Law
(Venice Commission) during the 102th plenary session, held in Venice in June 2015, where a number of conclusions regarding
the legislation of Montenegro, Moldova, Georgia and other countries were considered. Particular attention of the members
of the Venice Commission has been given to the Ukrainian legislation, in particular the amendments to the Law on Judicial
System and Status of Judges, as well as the needs for changes to the law on lustration and constitutional reform.
Keywords:
European Commission for Democracy through Law, Venice Commission, Council of Europe, 102th plenary session, human rights, rule of law, judiciary, constitutional justice, law on lustration, constitutional reform, democratic principles, European standards of democracy.