THEORY OF LAW
Reference:
Bruevich, A.A. (2013). Correlation of categories “system”
and “systematicity” in theory of law:
philosophical and methodological bases. LEX RUSSICA (Russian Law), 1, 5–15. https://en.nbpublish.com/library_read_article.php?id=62372
Abstract:
In order to study the financial system of Russia and the system of financial law one needs to use
systemic approach, since one needs not only to study certain objects and events, but also to establish their
relations with other facts. In this article the author uses systemic approach and comes to a conclusion that in
financial law in order to make a decision one needs to consider all of the existing relations and their influence
on the system as a whole and not just some of its parts. In other works, when dealing with this or that issue,
one has to evaluate how this decision may influence the system of financial law as a whole. In this article the
author tries to evaluate from the theoretical standpoint a number of complex multi-aspect reflections of systematicity
of financial law, and at the same time to introduce some interesting practical material, which allows
to note its practical value for the improvement of financial legislation as a whole.
Keywords:
jurisprudence, system, financial law, approach, method, legislation, financial system, systematicity, systemic analysis, system of law.
RESEARCHES OF RUSSIAN STATEHOOD
Reference:
Vorobiev, S.M. (2013). Constitutional legal bases
for fighting discrimination
in Russia. LEX RUSSICA (Russian Law), 1, 16–24. https://en.nbpublish.com/library_read_article.php?id=62373
Abstract:
The object of this article is formed with the social relations in the sphere of fighting discrimination in
Russia. The goal of the article is to characterize the provisions of the Constitution of the Russian Federation
and other legislative acts in the sphere of protection of people from discrimination. The methodological basis
for this article includes such scientific cognitive principles, as historicism, objectivity, systematicity, complex
approach. The results of this article are related to the legal characteristics of the constitutional norms, which
serve as a basis for the protection of human rights from discrimination by the state in Russia. The article includes
analysis of correlation of discrimination and moral harm. The conclusions of this article may be used in
scientific and educational work in the sphere of protection of human rights. Therefore, the analysis of normative
legal acts of the Russian Federation shows that any violation of the constitutional rights and freedoms of
people is usually correlated with moral discriminatory harm.
Keywords:
jurisprudence, rights, violations, harm, person, discrimination, acts, responsibility, state, guarantees.
Ïðîáëåìû òåîðèè îòðàñëåé ïðàâà
Reference:
Zhavoronkova, N.G., Agafonov, V.B. (2013). Theoretical problems
of formation of the natural
resources law. LEX RUSSICA (Russian Law), 1, 25–33. https://en.nbpublish.com/library_read_article.php?id=62374
Abstract:
The article contains a complex study of the key doctrinal strategic documents in the sphere of natural
resources law and legislation in the sphere of guarantees of national and environmental security. Based on
these sources, taking into account the theoretical and empirical analysis of legal norms, which establish the
guidelines for the rational use of natural resources, one may single out the key directions of the state policy
in the sphere of legal guarantees for the rational use of natural resources and improvement of the natural
resources law within the framework of guarantees of national security of Russia. It also allows to form the proposals
for the improvement of modern natural resources legislation and the mechanism of state government
in this sphere of social relations. The object of the study includes doctrinal documents of natural resources law
of the Russian Federation (strategies, concepts, doctrines, which establish the key vectors for the development
of legislation in the sphere of use and protection of natural resources in the long-term and medium-range
perspective), as well as other strategic documents in the sphere of national and environmental security (The
Concept of National Security of the Russian Federation, the Environmental Doctrine of the Russian Federation, The Concept of the Transition of the Russian Federation to Sustainable Development, The Bases for the State
Policy in the Sphere of Environmental Development of the Russian Federation for the period till 2030, etc.).
The theoretical value of the study is due to the fact that its conclusions and concepts may be used in theoretical
and practical work in order to improve the federal legislation in the sphere of nature management and
protection of specific components of environment, as well as in educational process in the sphere of natural
resources law in the leading institutions for higher legal education in Russia. The methodological basis for the
study includes the normative legal method and institutional functional analysis. The result of the studies is a
draft for the Concept of State Policy and Strategy in the Sphere of Legal Guarantees for the Rational Nature
Management and Improvement of Natural Resources Law within the framework of guarantees of national
security of Russia, which includes the goals, principles, directions and mechanisms for the coordination of the
activities by the implementing subjects.
Keywords:
jurisprudence, concept, doctrine, nature management, security, ecology, environmental protection, natural resource, codification, supervision.
COMPARATIVE LAW
Reference:
Alebastrova, I.A. (2013). Growing role
of the constitutional legal regulation
at the time of economic crises:
pattern or paradox?. LEX RUSSICA (Russian Law), 1, 34–46. https://en.nbpublish.com/library_read_article.php?id=62375
Abstract:
The article includes analysis of causes and reflections of the active role of constitutional legal mechanisms
in the society at the time of economic crisis. This tendency may mostly be found in democratic states. The
author studies both modern and historical aspects of this issue. The growing role of constitutional legal regulation
at the times of crises has complex character. Many constitutional legal institutions become involved in it. In
particular, one may note the growing role of parliamentary and constitutional control, as well as other judicial
control, and the need for the direct democracy institutions. The author finds that growing value of constitutional
legal government sources at the time of crises is quite consistent, and analyzes the causes of this matter.
Keywords:
jurisprudence, constitution, crisis, economics, Parliament, government, referendum, elections, law, court.
COMPARATIVE LAW
Reference:
Milchakova, O.V. (2013). Role of the constitutional court
of Slovenia in supporting
the legal order in a state. LEX RUSSICA (Russian Law), 1, 47–55. https://en.nbpublish.com/library_read_article.php?id=62376
Abstract:
The functioning of constitutional justice in Slovenia has truly started in 1991, when the constitutional
form of government was established. During the short period of time the Court has managed to establish
itself as constitutional justice body, and its goals and activities are in accordance with the requirements to
the constitutional control bodies in the states with the European model of centralized control. The Slovenian
Constitutional provides for the autonomy and independence of the Constitutional Court, which fulfills two
important functions, which are necessary in any democratic society, that is, it supervises the constitutionality
and lawfulness in the state and it guarantees the constitutional rights and freedoms of people and citizens.
At the same time, the Constitution provides for an open list of powers of the Constitutional Court, which may
be broadened by law.
Keywords:
jurisprudence, constitutionality, lawfulness, control, Slovenia, claim, judicial procedure, justice, constitution, legal order.
COMPARATIVE LAW
Reference:
Lyutov, N.L. (2013). The problem of conflict
of social rights of workers
and economic rights of employers
in corporate activities:
comparative legal aspect. LEX RUSSICA (Russian Law), 1, 56–69. https://en.nbpublish.com/library_read_article.php?id=62377
Abstract:
The article includes analysis of the balance between the economic rights of employers and social labor
rights of workers (employees) in their comparative legal aspects. The author also compares these issues in
the Russian legal system and the system in the EU states. Then he formulates the conclusions that if compared
with the EU legislation, the Russian legislation is much less balanced and it seems to support the rights of
employers at the cost of rights and lawful interests of the employees. The author then shows the parameters
by which the Russian legislation may be cardinally improved in order to achieve the optimum balance of the
interests of the parties. Considering the current discussion among the experts on the possibility of application
of the German industrial council system in Russia, the author analyzes its key features and formulates the
conditions under which some of elements of this system may be used.
The author points out that it is not acceptable to lower the role of the trade unions and that it is necessary to
guarantee the independence of the representative bodies of workers from the pressure by employers.
Keywords:
jurisprudence, industrial councils, economic, rights, labor law, social rights, trade unions.
COMPARATIVE LAW
Reference:
Shoniya, G.V. (2013). Some problems
in the modern labor
law of France. LEX RUSSICA (Russian Law), 1, 70–74. https://en.nbpublish.com/library_read_article.php?id=62378
Abstract:
The article includes analysis of the development of modern labor law of France. The author evaluates
the influence of the concepts of decent work of the ILO, the quality of labor and employment in the EU. The
article includes analysis of the existing practice of application of law, as well as the legal guarantees for the
French workers. A new type of guarantee is a contract on guarantees on employment, and the author analyses
specific features of its application for both employees and employers. The author also evaluates the law on the
implementation of labor rights of interns, and the legislative measures against gender-based discrimination. As
a result of these studies, the author comes to a conclusion that there is greater interference by the state into
the labor relations, that there are growing guarantees for the workers and the harsher sanctions for those, who
violate the labor legislation. The additional measures are taken against gender-based discrimination.
Keywords:
jurisprudence, labor law of France, collective agreement, legal guarantees, anti-discrimination legislation, labor law, intern (trainee) regulation, mass release, protection of labor rights, equality in payment for work.
IMPROVEMENT OF LEGISLATION
Reference:
Shilyuk, T.O., Mittelman, K.G. (2013). On the issues of conflict
of laws of the constituent subjects
of the Russian Federation
on education. LEX RUSSICA (Russian Law), 1, 75–82. https://en.nbpublish.com/library_read_article.php?id=62379
Abstract:
The article establishes the correlation between the acts on education at the federal level and at the
level of the constituent subjects of the Russian Federation. The authors came to a conclusion that the legal collision
(conflict of laws) in the sphere of education should be understood as formal contradictions (differences)
between two or more legal matters within the objective law, which are based on objective and subjective factors.
Having studied the normative legal acts of the constituent subjects of the Russian Federation on education,
the authors established the main causes for the collisions, namely — objective and subjective ones, and
provided their detailed analysis. The duplication of provisions of federal laws in the legislation of constituent
subjects may be regarded as the main reason for such collisions. The authors analyzed the provisions of laws
on constituent subjects on education and provided the examples of collisions in this article. As a result of their
studies, the authors offer the ways to resolve the conflicts of laws in the legislation of constituent subjects of
the Russian Federation, such as norm-making, issuing the conflict-of-laws norms, interpretation, cancellation,
judicial review and negotiations.
Keywords:
jurisprudence, education, constituent subjects, conflict of laws, collision, laws, duplication, normmaking, citizen, right, language.
IMPROVEMENT OF LEGISLATION
Reference:
Ponomarenko, V.A. (2013). On access to civil judicial procedure
n “one-stop” principle. LEX RUSSICA (Russian Law), 1, 83–104. https://en.nbpublish.com/library_read_article.php?id=62380
Abstract:
The author of this article offers an original approach to the topical problems of correlation of civil
and arbitration process and establishing their statuses within the legal and legislative systems. The approach
includes finding solution in application to each of their particular aspects, such as judicial system, judicial
procedure, theoretical legal aspect and systemic legislative aspect. It allows to find the objective prerequisites
for the differentiation of civil jurisdiction based on judicial system and procedure, and to establish the independence
of the arbitration court procedural form, as well as the lack of necessity to merge arbitration courts
and the courts of general jurisdiction and their procedural codes. The author characterizes a number of procedural
institutions, such as return of claim, refusal to accept the claim, transfer of the case to another court,
within the context of accessibility of justice principle and criteria for its violations. Having analyzed the legal
nature of subject-matter jurisdiction of civil cases (between judicial and non-judicial civil jurisdiction bodies),
the author came to a conclusion that it is necessary to recognize is as a general term towards the distinction
between judicial and arbitration court jurisdiction within the same civil judicial procedure. The author establishes
the need to introduce the legislative provisions, which would recognize the differences between the
violations of general subject-matter jurisdiction and the violation of jurisdiction between arbitration courts
and court of general jurisdiction, and it would allow the court (the arbitration court) to simply transfer the
case to the competent court, and to provide for the same rule for any violation of due jurisdiction at any stage
of judicial procedure. The appendix to the article includes some proposals for the amendments into the Civil
Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation.
Keywords:
access to justice, differentiation of civil process, judicial and arbitration subject-matter jurisdiction, the “one-stop” principle.
International civil law/private law
Reference:
Shakhnazarov, B.A. (2013). The WTO and modernization
of the legal regulation
of foreign economic activities
in the Russian Federation. LEX RUSSICA (Russian Law), 1, 105–114. https://en.nbpublish.com/library_read_article.php?id=62381
Abstract:
The article is devoted to the issues of improvement of legal regulation of the foreign economic activities
in the Russian Federation, considering its membership in the WTO. The article includes analysis of the
key conditions for Russian Federation in the WTO in the different spheres of its economy, such as metallurgy,
agriculture, natural resources, car industry, and services, copyright. The author also evaluates various spheres
of Russian legislation, where the amendments took place during the negotiations on Russia entering the WTO.
The important role of the principles of WTO, such as national regime and freedom of international transit, are
noted. Special attention is paid to the correlation of the norms of the Customs Union with the WTO law. The
author analyzed the nature of legal norms of the Customs Union and other trade agreements, including the
WTO agreements, and he makes the conclusion on the international legal character of the latter ones, which
in the point of view of the author, may provide for the possibility of their direct application under part 4 of the
Art. 15 of the Constitution of the Russian Federation and the formation of the relevant legal systems.
Keywords:
jurisprudence, the WTO law, the WTO principles, the international transit, the foreign economic activity, foreign trade, the GATT, the conditions for joining, obligations, the Customs Union.
International civil law/private law
Reference:
Tyagai, E.D. (2013). On the issue of organizational
and legal forms of the offshore
companies: the civil law approach. LEX RUSSICA (Russian Law), 1, 115–125. https://en.nbpublish.com/library_read_article.php?id=62382
Abstract:
The article includes analysis of the key organizational legal forms of legal entities, which are t ypically
used for the commercial activities in the offshore zones and jurisdictions, allowing to use beneficial tax,
financial, information, and legal conditions for entrepreneurs. The author provides a critical evaluation of the
utilitarian approaches to the studies of commercial structures in the offshore schemes of business. Attention is
paid to the lack of the necessary terminological unity and system in this sphere. The author points out the civil
law nature of the organizational legal form of a legal entity. From this standpoint, the author studies various
classifications of the offshore organizations, the key legal models for the collective entrepreneurial activities
in the common law states and the continental European states. The author also singles out the differences
between the types of organizational legal forms of legal entities and the various offshore types within the
same form. The author uses the civil law approach to analyze the correlation of the classic organizational legal
forms of legal entities and the similar legal constructions, which are used in the offshore activities, then she
compares them with the new entrepreneurial models, which function within the framework of basic mechanisms
of private law.
Keywords:
jurisprudence, offshore, company, organization, corporation, partnership, companionship, foreign, commercial, taxation.
NAME IN HISTORY
Reference:
Fadeev, V.I. (2013). On the anniversary
of Professor B.S. Krylov. LEX RUSSICA (Russian Law), 1, 126–128. https://en.nbpublish.com/library_read_article.php?id=62383
Abstract:
The article is devoted to Professor B.S. Krylov. It contains the essay on life and scientific work of the
eldest Professor of the Moscow State Legal Academy named after O.E. Kutafin — Boris Sergeevich Krylov , who
shall celebrate his 90th anniversary in January of 2013. In his work he attracted attention to the topical problems
of development of Russia as a legal federal multi-national state, and offers the ways for its development.
Keywords:
jurisprudence, B.S. Krylov, MSLA, Military Legal Academy, sovereignty, parliamentarism, ideology, federalism, constitutional law, Institute of Legislation and Comparative Legal Studies under the auspices of the Government of the R