Reference:
Ermoshin G.T..
Judiciary and the Judge in the Republic of Estonia
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 347-359.
DOI: 10.7256/1991-3222.2014.2.65158 URL: https://en.nbpublish.com/library_read_article.php?id=65158
Abstract:
This article is the result of an analysis of the legislation on the judiciary and the status of judges in the Republic of
Estonia, which is part of the research of the organization of the legislation on the judiciary in the Baltic states that emerged
from the former Soviet Union after the collapse of the USSR. The way which these states passed after the separation from
the Soviet Union before joining the European Union, was marked by repeated changes of the legislation on the judiciary
and the status of judges in the Republic of Estonia. The result of these transformations, presented in this paper, is of undoubted
interest to account for it in the formation of modern Russian legislation in this area after the integration of the
Supreme Court and the Supreme Arbitration Court of the Russian Federation.
Keywords:
the status of the judge, court, judicial authority, the Estonian Republic, the judge of the Estonian Republic, the Law «About courtes», the judge in resignation, social security of judges, judicial administration, a personnel reserve of judges.
Reference:
Seleznev V.A..
Particularities of the Mediation Institute in the Law
of the Near Abroad States
// Journal of Foreign Legislation and Comparative Law.
2014. № 1.
P. 110-116.
DOI: 10.7256/1991-3222.2014.1.64848 URL: https://en.nbpublish.com/library_read_article.php?id=64848
Abstract:
The article considers some problems connected with the mediation application as the most requested way of
alternative dispute resolutions, as well as the mediation law regulation particularities in the near abroad states – the Republic
of Belarus, the Republic of Kazakhstan, the Republic of Moldova.
The problem questions of definition and application of the national law new institution – mediation is corresponding of it’s
standards to native’s mental imaginations, negotiating culture definition, public trust to private mediators and court system
prestige. Analysis of problems and mediation institute application perspectives related with determination of correlation
between mediation and judicial remedy. Improvement of legislative acts about dispute resolution alternative methods,
particularly mediation, should be performed in accordance with public necessity of this dispute resolution method.
The tendency to dispute resolution in a judicial proceeding stipulates the advisability of providing a legislative framework
for this kind of conciliation procedures such as court reconciliation that will assist to increase the reliance of the conflict
parts to the dispute resolution procedure, social relationships harmonization.
Keywords:
alternative dispute resolution, mediation, principles of mediation, legal conflict, mediation agreement, civil procedure, enforcement proceedings, near abroad states, existing experience of foreign countries, judicial remedy.
Reference:
Artemyeva Y.A..
Comparative Legal Experience
of Judicial Protection of Taxpayer
in Russia and Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2013. № 3.
P. 474-479.
DOI: 10.7256/1991-3222.2013.3.63171 URL: https://en.nbpublish.com/library_read_article.php?id=63171
Abstract:
Procedures of taxpayer appeal on readjudication of the judgment to supervision authorities in order of administrative
appeal and to judicial authorities are analyzed in the article. Activity of the special tax and financial courts on
consideration of tax disputes is examined.
The necessity of application of foreign countries experience in the field of judicial defense of taxpayers in case of perfection
of tax and arbitration legislation in Russia is justified.
Keywords:
tax disputes, taxpayer, tax authorities, tax courts, solution of disputes, administrative appeal, defense of taxpayers’ rights, comparative legal analysis.
Reference:
Reshetnyak V.I..
Foreign Experience of the Use
of Information Technologies
for the Organization of the Courts
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 298-303.
DOI: 10.7256/1991-3222.2013.2.62850 URL: https://en.nbpublish.com/library_read_article.php?id=62850
Abstract:
The paper analyzes the application of computer and information technologies in foreign countries in order to
achieve optimal organization of civil proceedings. The author shows that the provision of adequate informational courts,
expanding the application of information technology in the judicial work, the development on this basis of modern and
reliable software systems and systems contributes to the efficient administration of justice.
Keywords:
information technologies, judiciary, judicial activities, civil proceedings.
Reference:
N.I. Gaidaenko Sher.
International Experience
on Alternative Dispute Resolution Mechanisms:
the New Swiss Code of Civil Procedure
and Cantonal Legislation
// Journal of Foreign Legislation and Comparative Law.
2012. № 6.
P. 151-161.
DOI: 10.7256/1991-3222.2012.6.62025 URL: https://en.nbpublish.com/library_read_article.php?id=62025
Abstract:
Article deals with regulation of conciliation and mediation procedures for civil and commercial disputes in
Switzerland. The author analyses the respective provisions of the federal Code of Civil Procedure and those of the legislative
acts of the Canton of Geneva and concludes that Swiss experience and achievements on the field of conciliation and
mediation can be successfully used in Russia.
Keywords:
Switzerland, mediation, conciliation procedure, proposal of judgment, Geneva
Reference:
B.A. Lukichev, S.G. Alexeev.
Expert Witnesses in Criminal Procedure
of Bulgaria and Russia
// Journal of Foreign Legislation and Comparative Law.
2012. № 6.
P. 162-166.
DOI: 10.7256/1991-3222.2012.6.62026 URL: https://en.nbpublish.com/library_read_article.php?id=62026
Abstract:
The conducted comparative research of using of special knowledge a specialist (a technical witness or a fact
witness) and an expert witness in criminal legal procedure of Bulgaria and Russia is present in the article. The considered
rights and obligations of expert witnesses in criminal legal procedure of Bulgaria are analyzed by the authors.
Keywords:
technical witness, fact witness, expert witness, forensic examination, court.
Reference:
Shmonin A.V., Semykina O.I..
Criminal Liability of the Entrapment
of Corruption Offenses: Systematical, Historical
and Comparative Analysis
// Journal of Foreign Legislation and Comparative Law.
2012. № 5.
P. 82-92.
DOI: 10.7256/1991-3222.2012.5.61688 URL: https://en.nbpublish.com/library_read_article.php?id=61688
Keywords:
provokatsiya prestupleniya, prestupleniya korruptsionnoi napravlennosti, vzyatochnichestvo, kommercheskii podkup, sekretnyi agent, agent-provokator, sub'ektivnyi kriterii, ob'ektivnyi kriterii.
Reference:
Vereschagina A. V..
Institute of Compensation of the Harm Caused
by Leading Criminal Procedure Body
in the Legislation of Belarus: Merits and Demerits
// Journal of Foreign Legislation and Comparative Law.
2012. № 5.
P. 93-98.
DOI: 10.7256/1991-3222.2012.5.61689 URL: https://en.nbpublish.com/library_read_article.php?id=61689
Keywords:
institut vozmeshcheniya vreda; nezakonnye deistviya organa, vedushchego ugolovnyi protsess.
Reference:
A.S. Smbatian.
Criteria of Effectiveness of International Judicial Bodies
// Journal of Foreign Legislation and Comparative Law.
2011. № 6.
P. 87-93.
DOI: 10.7256/1991-3222.2011.6.59142 URL: https://en.nbpublish.com/library_read_article.php?id=59142
Abstract:
The effectiveness of international judicial bodies is Neither stipulated by the quantity of cases in the record of courts
and arbitrations, nor by the compliance of their decisions. The level of international judges’ independence influences the effectiveness
of adjudication just indirectly. The fundamental criteria of effectiveness of international judicial bodies evaluation
is in quality of argumentation of precedents and in impact they make on the development of international law.
Keywords:
effectiveNess, international, adjudication, justice, independence, justification, precedents, compliance, development.
Reference:
D.I. Erezhipaliev.
Functions of Bodies of Office of Public Prosecutor
of France, Germany and Russia
in a Comparative Legal Context
// Journal of Foreign Legislation and Comparative Law.
2011. № 6.
P. 94-97.
DOI: 10.7256/1991-3222.2011.6.59143 URL: https://en.nbpublish.com/library_read_article.php?id=59143
Abstract:
The comparative legal research of functioning of Offices of Public Prosecutor of France, Germany and Russia
is resulted in the article. Questions of a place and a role of Offices of Public Prosecutor of the analyzed countries in the
machinery of government and their mutual relations with other participants of criminal legal proceedings in pre-judicial
manufacture are mentioned.
Keywords:
criminal trial, pre-trial proceedings in criminal cases, functions of bodies of Office of Public Prosecutor
Reference:
S.L. Sergeeva.
About Constitutional Judicial Law-Making in the USA
// Journal of Foreign Legislation and Comparative Law.
2011. № 6.
P. 98-102.
DOI: 10.7256/1991-3222.2011.6.59144 URL: https://en.nbpublish.com/library_read_article.php?id=59144
Abstract:
This article aims at analyses of the U.S. Supreme Court’s role in forming law. Key concepts of legal scholars are
presented. Study analyses judicial activism across a variety of dimensions. The author reveals how the Supreme Court
has served as a reactionary or progressive force at the critical historical moments.
Keywords:
supreme court, judicial activism, analytical jurisprudence, judicial minimalism, judicial review, interpretivism, sociological jurisprudence.
Reference:
E.A. Petrova.
Doctrine of Judicial Statutory Interpretation
in American Legal System
// Journal of Foreign Legislation and Comparative Law.
2011. № 5.
P. 105-111.
DOI: 10.7256/1991-3222.2011.5.58926 URL: https://en.nbpublish.com/library_read_article.php?id=58926
Abstract:
In the article the author analyses main statutory interpretation methods as well as the role of the caselaw interpreting
enacted law in American legal system. Examples from some statutes and court decisions are given. The author
concludes that these are judges who make the statute “alive” in process of its construction.
Keywords:
American legal system, statutory law, caselaw interpreting enacted law, doctrine of statutory interpretation (construction), maxims (canons) of construction.
Reference:
M.G. Smirnova.
Judicial Law-Making as a Form of State Activity:
Current Status
// Journal of Foreign Legislation and Comparative Law.
2011. № 3.
P. 121-125.
DOI: 10.7256/1991-3222.2011.3.58581 URL: https://en.nbpublish.com/library_read_article.php?id=58581
Abstract:
The article deals with judicial legislation and the possibility of recognizing the lawmaking functions
of the court. Judicial legislation is caused by the need to fill the gaps in the law, clear collisions, specify vague
provisions. The author comes to the conclusion that judicial legislation is objectively necessary and effective.
Keywords:
judicial legislation, lawmaking functions, court, vague provisions, collisions
Reference:
N.M. Bevelikova.
Constitutional Basis of Judicial Power in China,
Korea and Japan
// Journal of Foreign Legislation and Comparative Law.
2011. № 2.
P. 95-102.
DOI: 10.7256/1991-3222.2011.2.58599 URL: https://en.nbpublish.com/library_read_article.php?id=58599
Abstract:
Article is devoted to the analysis of the judiciary in China, Korea and Japan as a relatively independent authority.
The author examines the trend towards strengthening the role of the judiciary as the guardian of law during the
development of constitutionalism in these East Asian countries. The article highlighted the constitutional powers of the
higher courts considered states. The article defines the features of the constitutional–legal status of judges and principles
of justice in each considered State.
Keywords:
judicial system, the status of judges, the principles of justice, constitutional review, particular qualities.
Reference:
V.A.Seleznev.
Enforcement Proceedings in Foreign States:
Organizational and Legal Aspects
// Journal of Foreign Legislation and Comparative Law.
2011. № 2.
P. 103-108.
DOI: 10.7256/1991-3222.2011.2.58600 URL: https://en.nbpublish.com/library_read_article.php?id=58600
Abstract:
There are specific traits of enforcement proceedings facilitation in Belarus, Kazakhstan, Armenia, Moldova,
Azerbaijan, Ukraine, Latvia, Lithuania and Estonia are considered in the article.
There is no doubt that at the end of efficiency of any model of enforcement proceedings is determined by the degree it is
able to protect recoverer’s rights, including right of judicial act performance in reasonable time, providing respect to
debtor’s rights, as well as to rights and legal interests of other persons in the process of enforcement.
Keywords:
enforcement proceedings system, bailiff, judicial act, foreign experience of enforcement proceedings, bailiffs’ powers, enforcement units, public legal functions, enforcement arrangement, private enforcement officer.
Reference:
A.G. Zaytseva.
Cost and Fee Allocation in Civil Procedur
// Journal of Foreign Legislation and Comparative Law.
2011. № 1.
DOI: 10.7256/1991-3222.2011.1.58184 URL: https://en.nbpublish.com/library_read_article.php?id=58184
Abstract:
This article is based on a report for the XVIIIth International Congress on Comparative Law, which took
place in Washington, D.C., in July of 2010. The article provides a study of the principles and rules governing costs and
fees in civil litigation in Russia. It also offers a look at the basic approaches towards cost and fee allocation in other
countries. The primary goal of this analysis is to indicate common problems of cost and fee allocation with respect to the
fundamental principle of access to justice and suggest some solutions.
Keywords:
Civil Procedure, Attorney’s Fees, Court Costs, Costs of Evidence Taking, Self–Representation, Cost and Fee Allocation, Legal Aid, Success–Oriented Fees, Legal Representation, Encouragement and Discouragement of Litigation, Court Costs and Access to Justice.
Reference:
I.V. Rekhtina.
Separate Aspects of Revision of the Judicial Decisions Which
Have Entered Validity in the Civil Procedure Legislation
of Russia and European Sates
// Journal of Foreign Legislation and Comparative Law.
2011. № 1.
DOI: 10.7256/1991-3222.2011.1.58185 URL: https://en.nbpublish.com/library_read_article.php?id=58185
Abstract:
In article on the basis of the comparative analysis features of revision of the judicial decisions which have
entered validity in the legislation of Russia and other European states are investigated. It is offered to borrow some
foreign mechanisms and procedures.
Keywords:
civil procedure; comparative jurisprudence; judicial decisions; system of revision of judicial decis
Reference:
O.I. Semykina.
«Plea Bargaining» in the Criminal Procedure
of USA and Russia: Comparative Legal Analysis.
// Journal of Foreign Legislation and Comparative Law.
2010. № 6.
DOI: 10.7256/1991-3222.2010.6.58221 URL: https://en.nbpublish.com/library_read_article.php?id=58221
Abstract:
The article analyzes the institute of pretrial agreement on cooperation in the criminal law and criminal procedure due regard for the USA standards of criminal procedure in «plea bargaining».
Keywords:
"plea bargaining", institute of pretrial agreement on cooperation, criminal law, criminal procedure, simplifying of criminal procedure, prosecuting attorney, defendant, defendant’s attorney, court.
Reference:
M.D. Dzagurova.
Extraordinary Means of Appeal
in the System of Means of Appeal Existing
in the Area of French Civil Jurisdiction:
Legislation and Theory.
// Journal of Foreign Legislation and Comparative Law.
2010. № 6.
DOI: 10.7256/1991-3222.2010.6.58222 URL: https://en.nbpublish.com/library_read_article.php?id=58222
Abstract:
The present article is dedicated to the analysis of the most discussed science theories of the means of appeal, which are existing in the French civil procedure law. The analysis of the civil procedure theory and the articles of the acting Code of civil procedure of 1975 permit to reveal the complicated character of the whole system of means of appeal and the vulnerability of the rule of law classification, disting uishing the ordinary and extraordinary means and specially indicating the place and the purpose of the last ones.
Keywords:
French civil procedural law, ordinary means of appeal, extraordinary means of appeal, theories of classification the means of appeal, scientific problems of classification, problems of jurisprudence.
Reference:
M.M. Dorfman.
System of Offences Causing Death
in Criminal Law of Israel.
// Journal of Foreign Legislation and Comparative Law.
2010. № 6.
DOI: 10.7256/1991-3222.2010.6.58223 URL: https://en.nbpublish.com/library_read_article.php?id=58223
Abstract:
This article deals with system of offences causing death in Criminal Law of Israel. The analysis focuses on specific
sections of criminal legislation of Israel that establish responsibility for offences causing death. Special attention will be given to mental element of such offences. The author also deals with problems arising from the qualification of offences causing death, and presents some critical conclusions about system of such offences in Israel.
Keywords:
Jurisprudence, homicide, punishment, Israel, qualification, criminal, intention, negligence, euthanasia, genocide.
Reference:
Artemov V.U..
Fixed Punishment (Hudud) in Islamic Criminal Law.
// Journal of Foreign Legislation and Comparative Law.
2010. № 5.
DOI: 10.7256/1991-3222.2010.5.57761 URL: https://en.nbpublish.com/library_read_article.php?id=57761
Abstract:
The article deals with a special category of sanctions in Islamic criminal law. They are called hudud and are imposed for a limited number of crimes mentioned in the Quran and/or Sunna. Islamic law teaches that the crimes punishable
by these sanctions infringe the laws and rights of Allah.
Keywords:
Islam, sharia, punishment, sanction, stoning, theft, adultery, caning, robbery
Reference:
Nafikova G.A..
Protection of the Rights of Victims and Witnesses
in Criminal Trial of the Countries of English–Saxon
and Romano German Legal System.
// Journal of Foreign Legislation and Comparative Law.
2010. № 5.
DOI: 10.7256/1991-3222.2010.5.57762 URL: https://en.nbpublish.com/library_read_article.php?id=57762
Abstract:
Article is devoted the comparative analysis of realization of a principle of protection of the rights and freedom of the person and the citizen in the Romano–German and English–Saxon legal system. Within the limits of article the regulatory
legal acts regulating an order of protection of the rights of participants of criminal legal proceedings are considered. The programs accepted and realized in foreign countries concerning protection of the rights of participants of criminal legal proceedings are resulted.
Keywords:
Legal system, criminal trial, protection, protection, human rights, safety, the mechanism, penitentiary, a victim, a crime
Reference:
Seleznev V.A..
Court Enforcement Proceedings in Foreign Countries: Organization Legal Aspects.
// Journal of Foreign Legislation and Comparative Law.
2010. № 4.
DOI: 10.7256/1991-3222.2010.4.57726 URL: https://en.nbpublish.com/library_read_article.php?id=57726
Abstract:
There are specific traits of enforcement proceedings facilitation in different foreign countries with the purpose of comparative analysis is considered in the article. The author has generated general criteria for enforcement practice systems classification. While considering the questions of organizing the judicial acts and other acts of governmental institutions execution in the countries, where the law may be of different legal frameworks, it makes sense to classify systems of enforcement proceedings as centralized and decentralized.
Researching of the foreign enforcement systems the author suggests considering the specifications of functional specializations of bailiffs (enforcement institutions) and determining centralization and decentralization
proportion at structural and functional level and at the level of legal regulation of enforcement proceedings.
Keywords:
enforcement proceedings system, bailiff, judicial act, foreign experience of enforcement proceedings, bailiffs’ powers, enforcement units, public legal functions, enforcement arrangement, private enforcement officer
Reference:
Serkov P.P..
Procedural Responsibility (theoretical and practical problems)
// Journal of Foreign Legislation and Comparative Law.
2010. № 3.
DOI: 10.7256/1991-3222.2010.3.57546 URL: https://en.nbpublish.com/library_read_article.php?id=57546
Abstract:
The article covers the analysis of substitutive and procedural legislation of the Russian Federation covering the aspects of bringing to responsibility of persons who violates the hearing order during court session. The appropriate practice of general jurisdiction courts, including the Supreme Court of the Russian Federation is presented. The recommendations for changing of legislation of the Russian Federation aimed to protect individual and justice interests are introduced
Keywords:
procedural responsibility; legal responsibility; administrative responsibility; administrative viola
Reference:
Arkhipova Ju.V..
Disclosure of Evidence in Civil Procedure in England and USA
// Journal of Foreign Legislation and Comparative Law.
2010. № 3.
DOI: 10.7256/1991-3222.2010.3.57547 URL: https://en.nbpublish.com/library_read_article.php?id=57547
Abstract:
The article is devoted to matters of disclosure of evidence in common law countries, namely England and the USA. Similarities and distinctions of legal regulation of the issue in both countries are considered in the article. Matters of responsibility for violation of the court orders to disclose evidence are of particular interest, especially matters of sanctions variety, applied by courts of both countries in cases of procedural violation to disclose evidence. An emphasis is put on the provisions of disclosure of evidence, which can be adopted by Russian legislature under some conditions
Keywords:
evidence, disclosure of evidence, civil procedure, England, USA, stage, good faith, sanctions
Reference:
Paramonova S.L..
Criminal Jurisdiction in Cyberspace: Territorial Principle in the Russian and German Legislation
// Journal of Foreign Legislation and Comparative Law.
2010. № 1.
DOI: 10.7256/1991-3222.2010.1.57403 URL: https://en.nbpublish.com/library_read_article.php?id=57403
Abstract:
Within the framework this article is conducted the analysis of criminal jurisdiction according to the Russian and German legislation in relation to Cyberspace. The legitimate conditions for the applicability of criminal jurisdiction are analyzed. Mainly the territorial principle as the basis of the application of national Criminal Law is taken into the consideration. The scheme for solving of jurisdictional conflicts in Criminal Law in regard to the special features of Cyberspace is suggested
Keywords:
Comparative Law, Sriminal jurisdiction in the Internet, Jurisdictional provisions of Russian and German Criminal Law, Transnational Cyber–crimes, Jurisdictional principles, Jurisdictional conflicts, «Territory» in Cyberspace
Reference:
Presnyakov M.V..
Formal and Factual Aspects of Procedural Fairness in the Constitutional Dimension
// Journal of Foreign Legislation and Comparative Law.
2010. № 1.
DOI: 10.7256/1991-3222.2010.1.57404 URL: https://en.nbpublish.com/library_read_article.php?id=57404
Abstract:
In the article considers the standards of fair justice in the interpretation of the European Court of Human Rights and the Constitutional Court of the Russian Federation. In the article analyzes the formal and factual aspects of fairness of the judicial procedure. The author considers the procedural fairness
Keywords:
Comparative law, European Court, the standard of fair justice, the Constitutional Court, procedural justice, formal justice, the actual justice, equality before the law, contentiousness, imperfect procedural justice
Reference:
Fake F.F..
Victim-Offender Mediation and Reconciliation in the System of German Criminal Juvenile Justice
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.57008 URL: https://en.nbpublish.com/library_read_article.php?id=57008
Abstract:
The authors examine the Germanic Institute of reconciliation with the victim as grounds for commutation of sentence or discharge
Keywords:
reconciliation with victims, juvenile justice, courts in cases involving juveniles, the victim, the perpetrator
Reference:
Fake F.F..
Qisas Crimes in Islamic Criminal Law
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.57009 URL: https://en.nbpublish.com/library_read_article.php?id=57009
Abstract:
This article examines one of the three major categories of crimes allocated to the Muslim criminal law — qisas. It includes crimes against the person (life and health), dating back to pre-Islamic period and authorized by Koran. Details are considered types of crimes against life (murder) and health (causing bodily harm, injury), as well as penalties for their commission
Keywords:
Islamic law, criminal law, murder, bodily injury, the Shariah, the Quran, talion
Reference:
KHLESTOVA I.O..
UNCITRAL Arbitration Rules: Recent Trend
// Journal of Foreign Legislation and Comparative Law.
2009. № 1.
DOI: 10.7256/1991-3222.2009.1.56634 URL: https://en.nbpublish.com/library_read_article.php?id=56634
Abstract:
The article is dedicated to the revision of UNCITRAL Arbitration Rules adopted by the General Assembly of the United Nations Organization on December 15, 1976 (Resolution 31/98). UNCITRAL Arbitration Rules is an effective remedy for the settlement of disputes arising from both commercial and non-commercial contracts. The revision is carried out within the framework of the UNCITRAL Working group on arbitration. The article deals with New rules introduced by Working Group on arbitration. Provisions regarding scope of application of the Arbitration Rules, appointment of arbitrators, arbitral proceedings etc. are investigated.
Key words: comparative law, UNCITRAL Arbitration Rules, revision, appointment of arbitrators, arbitration agreement, arbitration clause, arbitral award, competitive authority, guarantee measures
Reference:
BORISOV I.B., IVAILOVSKIY D.A..
Some Features of Dispute Settlement in the European Court of Human Rights
// Journal of Foreign Legislation and Comparative Law.
2009. № 1.
DOI: 10.7256/1991-3222.2009.1.56635 URL: https://en.nbpublish.com/library_read_article.php?id=56635
Abstract:
The article deal with certain aspects of dispute settlements relating to the exercise of voting rights. Position of European Court of Human Rights is backed by the case «Krasnov & Skuratov v. Russian Federation» on the refusal of a district electoral committee to register Skuratov as a candidate to the State Duma of The Federal Assembly of the Russian Federation. Issues of the correlation between ECHR decisions and the national legal system of Russia are touched upon; particular attention is paid to the degree of the influence of ECHR decisions on the position of a state fixed in its legislation and the position of the state’s supreme enforcement bodies. Certain aspects of dispute settlements relating to the exercise of voting rights in Russia are also investigated.
Key words: comparative law, European Court of Human Rights, voting right, election law, electoral disputes, practice of dispute settlements regarding exercise of voting rights, the Russian Federation
Reference:
IVANOVA O.V..
Protection of the Rights of Non-Parties to Civil Procedure under Civil Procedural Law of European Countries and Russia
// Journal of Foreign Legislation and Comparative Law.
2009. № 1.
DOI: 10.7256/1991-3222.2009.1.56636 URL: https://en.nbpublish.com/library_read_article.php?id=56636
Abstract:
The article is dedicated to the problem of protection of the rights of non-parties to civil procedure in Germany, France, England and Russia. The author marks out and analyses German, Romanic and Anglo-Saxon remedies for the named subjects. The author arrives at a conclusion that there is no reason to single out an independent Russian remedy for the non-parties.
Key words: comparative law, civil procedural law, protection of the rights, rights of non-parties to civil procedure, tierce opposition, Russia, German, Romanic and Anglo-Saxon remedies
Reference:
..
Anglo-American Evidence Law
// Journal of Foreign Legislation and Comparative Law.
2007. № 4.
DOI: 10.7256/1991-3222.2007.4.56346 URL: https://en.nbpublish.com/library_read_article.php?id=56346
Reference:
..
Comparative Analysis of Legal Status of Jurors in the Russian
Federation and Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2007. № 3.
DOI: 10.7256/1991-3222.2007.3.56363 URL: https://en.nbpublish.com/library_read_article.php?id=56363
Reference:
..
Legal Status of Attorneys in Spain
// Journal of Foreign Legislation and Comparative Law.
2007. № 3.
DOI: 10.7256/1991-3222.2007.3.56364 URL: https://en.nbpublish.com/library_read_article.php?id=56364
Reference:
Fake F.F..
The Doctrine of Principles of Criminal Procedure in Great Britain.
// Journal of Foreign Legislation and Comparative Law.
2007. № 1.
DOI: 10.7256/1991-3222.2007.1.56391 URL: https://en.nbpublish.com/library_read_article.php?id=56391
Reference:
Fake F.F..
The Institution of a Specialist: An Experience of Criminal Procedure Legislation of Russia and Member States of the Commonwealth of Independent States.
// Journal of Foreign Legislation and Comparative Law.
2007. № 1.
DOI: 10.7256/1991-3222.2007.1.56392 URL: https://en.nbpublish.com/library_read_article.php?id=56392
Eng
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