Abstract: UNIDROIT Principles of International Commercial Contracts can be used as a guidance for drafting contracts. First of all, they set up standards of behavior in international commercial relations that the parties voluntarily undertake to follow. Compliance with principles accepted and recognized by all parties is important for negotiation of the contractual terms as well. International Chamber of Commerce has worked out 11 Principles to facilitate commercial negotiations in order to contribute to the creation of the environment favorable for negotiation and formulation of mutually advantageous realistic obligations by the parties. ICC Principles are analysed in the article in their comparison with UNIDROIT principles. The author comes to the conclusion that both sets of rules enrich and complement each other and their use may positively affect the development of international commercial relationship.

Keywords: UNIDROIT Principles 2010, ICC Principles to facilitate commercial negotiations, fair trade practice, good faith, reasonable behavior.

Abstract: The article is about study of legal regulation of collective investments schemes in the Great Britain and the USA. Last time legislators of the Great Britain and the USA pay a lot of attention to collective investments. This article deals with traditional and new collective investments schemes in the Great Britain and the USA. Together with forms directed to attraction of means of indefinite number of potential investors, in the Great Britain and the USA forms, which were traditional for involvement of workers to the system of collective accumulation and saving of property, are actively developed. In the Great Britain such forms are: building societies, industrial and provident societies, friendly societies, in the USA – investment real estate trust fund.

Keywords: investment found, collective investments schemes, investment fund, management company, unit trust, securities, financial services, small business investment company, investment declaration, open ended investment company.

Abstract: The article considers issues of legal regulation and issues of research of absolute and proprietary rights. Issues of legal regulation of absolute and proprietary rights in the legislation and in the theory of civil law of Hungary are studied. Using the example of the Hungarian civil legislation and the Hungarian law doctrine, the notion of absoluteness as an indicia of proprietary rights, absoluteness as an indicia inherent both to the right of ownership and to limited proprietary rights are considered.

Keywords: property rights, absolute rights, limited property rights, ownership, right of pledge, proprietary right of Hungary, subjective rights, liability rights, civil law of Hungary, legal relationship.

Abstract: The subject of research is the acquisition by the state of private property, and its specific types such as confiscation and nationalization. The author examines the regulation of these ways of withdrawal of property from a private owner in the Russian legislation and makes the conclusion about insufficiency of the rules governing these relations, which leads to problems in law enforcement. Meanwhile, the legislative experience of other states, namely the Republic of Kazakhstan (Law of the Republic of Kazakhstan "On State Property") suggests a way out of the situation. In the course of the research were used: method of system analysis and dialectical method; legal analysis; the method of comparative law; the analogy method; the logical method, historical method. On the basis of the analysis of current Russian legislation, literature, judicial practice and legislation of the Republic of Kazakhstan, the conclusion about the need to adopt special law on seizure of property from private persons and his transfer to state property, namely, requisition, expropriation and confiscation of property for the state needs was made. Possible structure and content of this law, which shall contain, in particular, protection of rights of the owner is sujested. Possible is also a separate law for each of these ways of acquisition of property rights by the state.

Keywords: nationalization, requisition, a way of confiscation of property, the purchase of state property, adequate compensation, just satisfaction, for the state needs, guarantees of the rights of investors, damages, the requisition of investments.

Keywords: land law, ecology, natural resources, civil law, legal institutions.

Keywords: legal capacity, conflict rules, comparative law, individuals, personality, French legislation, Russian legislation, the personal law of the person, restriction personality.

Keywords: presumptions, propositions, Civil Code of France, presumption of condition of being a missing person, presumption of property right, presumption of paternity, presumptions of law of obligation.

Keywords: competition, entity, market, goods, restraint of competition, damage, agreement, concerted practices, parallel actions.

Keywords: civil law, economic law, sources of the law, civil legislation, economic legislation, contract, custom, judicial precedent.

Abstract: The article covers some of new methods of trade in EU competition law with particular focus on delimitation of legal market behavior and illicit trading practices. The author comes to the conclusion that practices like e-commerce, category management and selective distribution can be efficiently managed by competition rules that would not hamper the development of trade.

Keywords: competition, antimonopoly legislation, limitation, e-commerce, category management, selective distribution, entity, goods, market.

Abstract: This article describes the concept of national innovation systems (further — NIS), as a complex of interrelated elements that provide innovative development within national borders. There is no single model for the development of an innovative economy and the presence of positive characteristics and proven approaches in each country. The main law instrument to regulate the functioning of the NIS is the legislation. There is no single approach to the legislative model in this area in world practice. The author focuses on the legal institutions and mechanisms that have influenced the development of national innovation economies of the U.S. and France. In the U.S., analyzes the successful experience of the development of the legal institution of patent law and concludes the advancing the development of intellectual property legislation in Europe. In France, is prevailing high level of tax burden on business structure and discusses the improvement of legal acts that describes the tax benefits and legal status of individual actors of the NIS.

Keywords: national innovation system, U.S. patent law, innovation tax credit.

Abstract: Registration of birth is not only the necessary condition for implementing the full volume of our rights. It is also an inviolable human right per se which is guaranteed by the most significant human rights treaties. Although a high standard of living is intrinsic to the European states, these states also face certain problems concerning birth registration. This article provides the reader with the outline of legal problems, accompanying registration of birth in Europe. In the European context, the following such problems can be identified: issuing citizenship for the refugee children, lack of travel documents, trafficking in newborn children, and child abandonment at birth. The author systematizes recommendation of international human rights organs, regarding the development of the system of birth registration. The examples of the Nordic statutory regulation concerning birth registration (including the legislation of Finland) are addressed to.

Keywords: the rights of the child; implementation of basic rights; birth registration; personal identification

Abstract: The article analyses the problems which appear due to the distribution of the action of the Civil Code of the Russian Federation on the sphere of internal corporate relations and which may cause the dilution of general fundamentals of civil law regulation and significant expenses in law application practice.

Keywords: Civil Code of the Russian Federation, autonomy of will, participants of civil law relations, internal corporate relations.

Abstract: The article treats issues of relationship of absolute and corporeal rights in the legislation as well as legal order doctrines shaping the continental Europe legal system. The authors consider issues of correlation of absolute and corporeal rights, their system, coincidental attributes, possibility of classification of legal rights by the absoluteness attribute.

Keywords: absolute, corporeal legal rights, classification of civil legal rights.

Abstract: This paper examines the issue of treaty land lease in Germany: the concept of a land lease, types of lease, data on the leasable property, terms and procedure of the contract, the rights and obligations of the parties, as well as the grounds for termination of the lease.

Keywords: rent, land, Germany, legislation, regulation, contract.

Abstract: This article deals with the establishment and development of legislation on gambling in the territory of modern Tajikistan. It is revealed that despite the abundant evidence of prevalence of certain types of gambling in Central Asia in the archaic period, they do not face legal sanctions and was regulated exclusively by moral dogmas and religious rules existing at that time. It is concluded that the legal regulation of gambling in the territory of modern Tajikistan passed a long evolution. At various historical stages the legislative approach to gaming and wagering regulation changed repeatedly, depending on a number of factors, including the legal regime that was existing in a particular historical period of social development and economic policy. All of these circumstances in some periods caused necessity of negative regulation of gambling in the form of prohibitions of its organization and participation, in other times however, required a flexible approach to the regulation of gambling activities.

Keywords: gambling, lottery, natural obligations, mortgages on horse racing and archery in Islamic law, the legal regulation of gambling in Turkestan province.

Abstract: The article is dedicated to development of Chinese contract law during 20th century and its current state. Sources of Chinese contract law, in particular Contract Law of the PRC, administrative regulations and interpretations of the Supreme People’s Court of the PRC are analyzed. Factors that have influenced formation and development of the contract law are revealed as like as lawmaking features that are conditioned by those factors.

Keywords: comparative Law, Chinese contract law, reception, contract Law of the People’s Republic of China, contractual obligations.

Abstract: The article provides a general legal analysis of one of the oldest types of English tort law — trespass — «invasion». The research concerns the main species of tort — trespass to land — «invasion of private property.” Analyzes the differences between the English common law tort of correlative branches of civil law jurisdictions. Provides an overall legal description of trespass to land: the concept and characteristics of tort, object and subject of the offense, the subject of protection, the basic means of protection against intrusion into the private domain (remedies), as well as basic protections from lawsuits of victims (defenses). Provided the basic conditions for a claim of trespass to land, types of claims of the victim. The article presents the leading English cases governing trespass to land. This article used in the monographs of British and Russian scientists and lawyers. The article is for interest to law students, practicing lawyers and lawyers involved in comparative law.

Keywords: tort, invasion, private, possession, violation, offense, border, property, protection.

Abstract: The present article gives the analysis of some aspects of conciliation in the modern Russian and foreign family law. The author concludes that comparing with other types of conciliation the conciliation of parties of family-law conflict have the greatest moral, social and psychological significance for people

Keywords: conciliation, family, family law, family-law conflict, juvenile law.

Abstract: This article examines an Italian experience in legal regulation of temporary work. On the basis of a thorough analysis of legislation and legal literature four stages in history of legal regulation of this kind of non–standard employment are determined, namely: 1) indirect prohibition of temporary work (from 1949 to 1960); 2) direct prohibition of temporary work (from 1960 to 1997); 3) legalization of temporary work (from 1997); 4) liberalization in the sphere of temporary work (from 2003 up to date). Consequently it is concluded, that direct prohibition of temporary work is not effective in present–day conditions and it is necessary to provide its detailed legal regulation, which taking into account both progressive foreign experience and national peculiarities.

Keywords: Italy, non–standard employment, temporary work, temporary work agency, temporary worker, real employer, user enterprise, Treu Package, Biagi Law.

Abstract: The article treats the problem of finding criteria of copyrightable and non copyrightable in the system of the copyright in the USA, modeling different theoretical models of the demarcation criteria. The author shows how these models evolve in the direction of instumentalization, loss of methodological unity and the utilization of predominately Negative demarcation criteria.

Keywords: copyright, intellectual property, result of intellectual activity, intellectual rights, personal non-property rights, exclusive rights, author’s rights, object of copyright.

Abstract: The basic models of construction of mutual relations in system tort liability — the insurance compensation, allocated on the basis of the analysis of the legal doctrine and the legislation of foreign countries are considered in the article. The conclusion about possibility of loan of separate elements of these models by the Russian practice is made.

Keywords: tort liability, insurance, road accident, model, restraint, indemnification, compensation, harm.

Abstract: The article deals with topical issues of implementation of a utility model into civil circulation according to the Republic of Kazakhstan legislation. In the course of writing the article the author has studied the legal nature of the utility model as the object of industrial property in the Republic of Kazakhstan, as well as legislation that strengthens the rule of law regulating the issuance of a title of protection, emergence and protection of exclusive rights on the utility model, as well as legal nature service and secret utility models. Recommendations for improvement of legislation of the Republic of Kazakhstan aimed to regulate the utility model as the object of industrial property developed based on the analysis of international practice and legislation of the Republic of Kazakhstan. Articles and monographs of the well–known domestic and foreign civil lawyers in Intellectual Property Law and Industrial Property, the regulations covering the legal regulation of the utility model, as well as statistical data in the study area during the period from 2002 to 2010 in the Republic of of Kazakhstan were considered for scientific research.

Keywords: utility model, patent legislation, secret utility models, service utility models, inventions, industrial property, patentability, patent office, innovation patent.

Abstract: This article investigates the institute of free use of works in copyright sphere: its history and nature at international and national levels (as exemplified by Russia, USA and another countries), and its influence on cross–border commerce.

Keywords: license agreement, copyright, conflict of law regulation, applicable law, fair use, territorial nature.

Abstract: This article focuses on the comparative legal analysis of contracts in the field of banking services targeted at the mass consumer. The author substantiates the view that contracts of bank accounts, bank deposit, money transfer, payment card services should be classified as public contracts to a higher degree of protection of the rights of clients.

Keywords: contracts in the field of banking services, contracts of bank accounts, contracts of bank deposit, protection of the rights of clients

Abstract: The author analyses the legal nature, purposes and substantive provisions of shareholders agreements under Swiss law in the light of Swiss corporate law reform in the early 1990–s. The author speaks about admissibility of the contractual rights of first refusal and option, on ways of ensuring representation of shareholders in the company’s bodies, various variants of the resolving of deadlocks. Considering the term of the shareholders agreement inadmissibility of obligations for ever is proved, alternative variants for establishment of terms are proposed, the order of cancellation of the agreement is described. The article contains both doctrine and references to judiciary practice and is of interest for Russian experts in corporate law in the light of the reform of the domestic legislation according to the Concept of development of the civil legislation of the Russian Federation approved by the Council on codification at the President of the Russian Federation.

Keywords: shareholder, agreement, performance, term, qualification, partnership, shares, voting, governance

Abstract: The system of the trading legislation of foreign countries developed differently that has been caused by an accessory to various legal systems, features of historical development of territory. Nowadays there are new factors which define its development. The author presents their influence on the basis of the analysis of the foreign legislation.

Keywords: trade, commerce, system, legislation, unification, codes, regionalism, coordination

Abstract: The article deals with Swedish legislation on real estate, planning of real estate, leases and registration of rights on real estate and objects of real estate. Examples from the practice of registration authorities and real estate agencies are given.

Keywords: comparative law, real estate, property, registration, legal act, lease, mortgage, planning, code, land.

Abstract: Such important element of civil responsibility as guilt and sanctions are analyzed in the present article. In modern civilization the single meaning of notion and of quilt are not presented. So if Tarkov V.A. and Egorov N.D. determinate the guilt in civil low as psychological attitude of offenders to diligence, but Sukhanov E.A., Guev A.N. and Allahverdiev S. consider the guilt as not taking measures in fulfillment obligation. In the second part of the article the author considers the peculiarities of sanctions.

Keywords: comparative law, guilt, sanctions, civil liability, legislation

Abstract: The present article is devoted to the features of legal regulation of institute of marriage in the modern legislation of the CIS countries. Objectively ripened necessity of legal cooperation of the CIS countries, presence of marriages between their citizens, similarities and distinctions in legal regulation of marriage relations of the specified states generates necessity of comparative legal research. In the family law of the CIS countries the question on the conditions necessary for a marriage, and the circumstances interfering the introduction into marriage, dares uniformly.

Keywords: Marriage, conclusion Marriage, Russia, CIS countries, Family law

Abstract: This article examines the basic models of the systems of corporate governance in Great Britain, the United States of America and Europe and their influence on the formation of the Russian system of governance of joint–stock companies. From an analysis of foreign and domestic literature, it is found that the Russian system has developed as a hybrid, combining the specific features of the different models. It is concluded that basically the Russian system is closest to the European model.

Keywords: Anglo–Saxon model, Anglo–American model, British model, U.S.A. model, European model, system of governance of joint–stock companies, unitary board, two–tier board, systems of corporate governance

Abstract: Peculiarities of the genesis of Chinese international private law are researched in this article. During the research such special features as Chinese mentality, the social and political development of the PRC, Chinese legislative technique are taking into consideration. These features are reflected in those provisions of the Constitution of China that first of all are important for the development of the branch of law that is being researched. Peculiarities of the international law genesis are also researched through the lenses of some legislative technique features that are peculiar only to China. In the article stages of evolution of private international law and their peculiarities are defined (from the origin of the international private law science to the promulgation of the Law that is named as “the Application of Law for Foreign–related Civil Relations of the People’s Republic of China” and was adopted on 28th of October 2010).

Keywords: comparative law, private international law of China, the legal culture of China, the rules of the Supreme People’s Court of PRC, law in civil relations with a foreign element, China’s science, genesis, Constitution of the PRC legislative technique.

Abstract: The necessity of development of the russian antimonopoly law along with the existing mechanisms of counteraction for an unfair competition, special mechanisms of protection of a competition, the rights and legitimate interests of the third parties from monopolistically abusings of intellectual property and individualization means owners are investigated in the article. Practically the article is aimed to work out actual problems of protection of the rights of citizens and organizations against monopoly of exclusive rights of owners, enerated by underdevelopment and impracticality of russian antimonopoly legal tools for these purposes.

Keywords: exclusive rights, antimonopoly law, foreign experience, competition restriction, monopolistic activity of intellectual property owners, competition restriction in sphere of exclusive rights realization; dominant position abusing, antimonopoly legislation perfection problems.