Reference:
Aukhatov A..
The Control Criterion in Russian und German Law.
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 5.
DOI: 10.7256/1991-3222.2010.5.57750 URL: https://en.nbpublish.com/library_read_article.php?id=57750
Abstract:
The following article deals with the problems concerning the application of the criterion used to establish the nationality of the persons in control of legal entities in Russia and Germany. It is an analysis of national legislation and international contracts of the Russian Federation and Germany. The author concludes that the „control criterion» offers a valueable mechanism for ascertaining which nationality the legal entity should be ascribed to in reality. This criterion can however not be used to establish which law the entity falls under. The application of the «control criterion» is restricted by important national interests and goals (e.c. protection of public interest, protection of national production and employment,
non–involvement of foreign entities in sectors of national strategic relevance). An important feature of the «control criterion» is that its application varies according to the circumstances of each individual case.
Keywords:
International private law, comparative law, German law, the „control criterion«, rules resolving the conflict of laws, ascertaining the actual national identity of the a legal entity, international contracts of the Russian Federation and Germany, aid and protection of investments and capital in Russia and Germany, protection of national public interests
Reference:
Pilipenko A.N..
France: Intensification of the Parliament’s Role.
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 5.
DOI: 10.7256/1991-3222.2010.5.57751 URL: https://en.nbpublish.com/library_read_article.php?id=57751
Abstract:
In article are considered the role and evolution of the French parliament in system of constitutionally institutes of V Republic, a particular, the expansion of its toolkit in information support, the analysis of efficiency of laws accepted by it etc. The special attention is given to the constitutional reform of 2008 which expands parliament possibilities in legislative
work, allocates with its additional powers on control of the governmental activity, strengthens a role of parliamentary opposition.
Keywords:
comparative law, France, Parliament, system of constitutional institutes, V Republic, constitutional reform, parliamentary opposition
Reference:
Khabrieva T.Ya..
Law and Modernization of the Economy
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
DOI: 10.7256/1991-3222.2010.1.57393 URL: https://en.nbpublish.com/library_read_article.php?id=57393
Abstract:
The article thoroughly substantiates the priority of innovation development of economy in example of such states as Russia and France. The author offers her view on opportunities of law and legal instruments for improve the economy in order to its modernization. The author gives attention to long–term Government Program — Concept of socio–economic development of Russia until 2020 as well as new trends of regulatory legal support of innovation both on a national scale and in terms of international legal cooperation
Keywords:
innovative development the economy, modernization of the economy, the Concept socio–economic development of the Russian Federation until 2020, regulatory and legal support for innovation
Reference:
Lafitsky V.I..
The Main Trends of Legislation Development in Innovation Sphere (Comparative Law Research)
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
DOI: 10.7256/1991-3222.2010.1.57394 URL: https://en.nbpublish.com/library_read_article.php?id=57394
Abstract:
In the present article the author examines the origin of the terms «innovation» and «innovation activity», examines the stages of development of legislation in this sphere, highlights and reports the criteria for the level of development of innovative legislation. These criteria include: a broad interpretation of the term «innovation», the creation of a widespread system of innovation development, the high volume of investments in science and new technologies, improving the mechanisms for the introduction of innovative developments, modernization of production facilities and others
Keywords:
innovation, innovation activity, management of innovation development, innovation legislation