ECONOMICS AND LAW
Reference:
Khabrieva T.Ya.
Law and Modernization of the Economy
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
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
ECONOMICS AND LAW
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.
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
PERSONAL STATUS AND MECHANISM OF RIGHTS AND FREEDOMS PROTECTION
Reference:
Vasileva L.N.
Defense of Ethnicity: Conventional and National Measures
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57395
Abstract:
Tendencies of globalization of the states take place along with the people aspiration of keeping the ethnic originality and foundations of a life today. The measures of ethnic originality protection provided in the international legal documents of the organizations of universal and regional character are considered in the article. The measures provided at the international level directed on flexible adaptation of migrants and invalids of protection of their originality are pointed out. Examples on protection of originality of national minorities, rights of education on the native language from the national legislation of some the states are given
Keywords:
Originality, ethnos, the international conventions, the national legislation, national minorities, language, migrants, the right of education, the national policy, an interdiction of discrimination
PERSONAL STATUS AND MECHANISM OF RIGHTS AND FREEDOMS PROTECTION
Reference:
Butba S.R.
Institute of Dual Citizenship in the Republic of Abkhazia
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57396
Abstract:
The article is devoted to theoretic aspects of the institute of dual citizenship in the Republic of Abkhazia. From the moment of recognition of the Republic of Abkhazia’s independence by the Russian Federation on the 26th of August 2008 a necessity to regulate on interstate level of the legal status of people who are citizens of Republic of Abkhazia and at the same time citizens of Russian Federation has appeared. Due to this fact it is necessary to refer to Abkhazian legislation to analyze the legal rules connected with the legal status of person who has a dual citizenship in the national legal system
Keywords:
Republic of Abkhazia, dual citizenship, legal system, military service, international treaty, citizenship, repatriate, electoral right, foreign citizen, legal status
PERSONAL STATUS AND MECHANISM OF RIGHTS AND FREEDOMS PROTECTION
Reference:
Novikova A.Ye.
Institute of Ombudsman for Children — the Element of Minimizing of the Risk in Child Legal Protection
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57397
Abstract:
Study of place and role of the institute of Ombudsman for Children in the state system of legal protection is represented in this article. Analytical review of the functioning of similar institutes in the foreign states is given
Keywords:
Comparative law, rights of the child, system of legal protection, risks in legal protection, Ombudsman for Children under the President of the Russian Federation, international protection, guarantees, Ombudsman, application, commission on the rights of th
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Gavriluk O.V.
On the Substance of the Legal Term «Trust»
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57398
Abstract:
Theoretical issues of the functioning of the estimative ethical category of trust in the law are examined in this article. On the grounds of studying of works in the field of philosophy, ethics, psychology, political science, economics, pedagogy and law, the author has tried to state the concept of trust in the context of legal relations, particularly labour
Keywords:
Trust, principle of good faith, crisis of trust, relations, labour collective, employee, employer, interpersonal communication, justice
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Kozyrevskaya L.A.
Normative Fixation of Control Function in Corporations in Russian and Foreign Law
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57399
Abstract:
The problems of organization of corporate control in the law of Russia, Belarus, Ukraine and Latvia are examined in this article. The legal status of supervisory board (board of directors) and revisory commission (revisor) are described as principal questions and objects of activity, powers and responsibilities of these bodies are analyzed. The possible ways of improvement and harmonization of law of Belarus and the Russian Federation are concluded
Keywords:
Comparative law, corporate relations, corporate control, administration and control bodies, revisory commission, corporate responsibility harmonization of law, supervisory board, general and special corporate control
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Ergashev V.Yo.
Some Issues of Compulsory Termination of the Property Rights in Uzbek civil Legislature
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57400
Abstract:
The most topical matters of compulsory termination of the property rights in the forms of requisition and nationalization are analyzed in this article. The author emphasizes that the legal rules of the Civil Code, which regulate the process of requisition and nationalization, are vague and too much general. In the opinion of the author this kind of imperfections in the current legislature could lead to some violations of the proprietors’ property rights. Thereby the author’s worthwhile recommendations and propositions on how to further perfect the provisions of Uzbek civil legislature regulating the relations in the process of compulsory termination of the property rights are given in the conclusive part of the article
Keywords:
property right, termination of the property right, nationalization, requisition, property, proprietor, compensation
ISSUES OF THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Kresin O.V.
Periodization of the Comparative Law Development: In Search of the Acceptable Model
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57401
Abstract:
The author highlights main periodizations of the comparative law development, presented in Ukrainian, European and American comparativistic literature. On the ground of their critical revision he argues own periodization, that mirrors so external conditions, political, economical and legal contexts of development of comparative law so its internal evolution, evolution of ideas, research fields, the establishment of scientific schools, institutialization etc.
Keywords:
comparative law, comparative jurisprudence, comparative legislation, periodization, scientific school, legal thought, historical school of law, sociologic positivism, Kantian school, Hegel school, civilizationist approach, functionalist approach
ISSUES OF THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Tkachenko A.V.
P.Legrand’s Aporias about Comparative Law Functionalism (Prolegomena to Analysis of Comparative–Legal Research Logical Construction)
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57402
Abstract:
The article examines the logical contradictions (aporias) of comparative law functionalism. Special merit of the modern French comparatist P. Legrand to identify these contradictions is emphasized. Significance and consequences of the logical inconsistency of functionalism for comparative–legal methodological discourse in genera is indicated
Keywords:
methodology of comparative law, functionalism, aporia, legal thinking
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
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 1.
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
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Presnyakov M.V.
Formal and Factual Aspects of Procedural Fairness in the Constitutional Dimension
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
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
Academic life
Reference:
Volkova N.S.
Review of the International Scientific Conference «Intellectual Resources of the Nation and Law»
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57405
Abstract:
Review reflects the issues raised during the discussion at the round table about legal support of the modernization processes in the Russian economy. The article reflects raised by participants of the round table legal issues involved in the regulation of economic processes, as well as proposed recommendations to improve legislation in this area
Keywords:
real economy, the effectiveness of law, access to information, stimulate innovation, intellectual activity
Academic life
Reference:
Nanba S.B., Mescheryakova M.A.
Review of the Round Table «Juridical Aspects of Innovations Support in Development of Economy»
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57406
Abstract:
In the survey are reflected the positions of leading scientists of law about the effective implementation of innovation policy in Russia and France. A particular attention was paid to the presentation of a joint research project «Administrative procedures and controls in light of European experience», which was carried out by the Institute of Legislation and Comparative Jurisprudence under the Government of the Russian Federation and the University of Paris 1 Panthéon–Sorbonne, with the support of the Russian Union of Industrialists and Entrepreneurs
Keywords:
law, innovations, economic development, intellectual resources, information technologies, jurisprudence, intellectual property, finances, administrative procedures, administrative control
DISCUSSING A PROBLEM
Reference:
Khataeva M.A.
Responsibility Differentiation of Internet–Providers for Violation of Intellectual Rights on the Results of Intellectual Activity in the Internet
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57407
Abstract:
The article deals with the classification of internet service providers, as subjects of legal relations arising in the Internet, which means the performance of its functions get (create) certain results, using with which should be carried out in the limits established by corresponding rules of law. The differentiation of internet–providers depending on functions carried out by them has practical value for definition of subjects of a legal liability of infringement of the intellectual rights to results of intellectual activity on the Internet
Keywords:
Internet, the internet–provider, the intellectual rights, responsibility, infringement of copyrights
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Kashirkina A.A., Morozov A.N.
Dynamics of Integration of the Eurasian Economic Community Member states
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57408
Abstract:
In the present article the authors investigate actual questions of international law related to nature, status and functioning of international intergovernmental organizations including the positions of Russian and foreign doctrines. Particular attention is paid to features and specific characteristics of interstate associations on post soviet space, in particular, essence and features of Eurasian Economic Community are discovered. The authors review directions and legal «vectors» of integration of the EurAsEC member states and Customs Union between the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan which were established in the network of the EurAsEC, estimates and projections of further cooperation of the EurAsEC member states are produced. This article may be interested for state authority officials in the field of international relations, professional staff of international organizations, research fellows, lecturers, postgraduates which are interested in actual questions of international law
Keywords:
the Eurasian Economic Community; integration; international organization; interstate association; in
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Leonteva O.G.
Some Problems of Revealing Lie During the Trial on Civil Cases: Use of Polygraph in the Russian Federation and Abroad
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57409
Abstract:
The article contains some ways for technical revealing of lie at delivering justice in the Russian Federation, England and the United States of America. Progressive and productive use of a polygraph (lie detector) by execution of judicial psychophysiological researches and examinations during the trial on civil cases is marked here. It’s also offered to pay attention to such device in domestic legal proceedings for overcoming negative evaluation of personal evidence as the most doubtful
Keywords:
comparative law, polygraph, psychophysiology, examination
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Yegorov A.Ye.
Administrative Procedure for Settling Tax Disputes in the Russian Federation and the United States of America: Comparative Law Analysis
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57410
Abstract:
The article is devoted to comparative analyses of administrative procedures of tax disputes resolutions in the United States of America and the Russian Federation. By discovering peculiarities of administrative procedures in the USA and the RF and considering positive aspects of the US experience the author passes suggestions on improving current Russian legislation in this field
Keywords:
administrative procedures, tax dispute, the United States of America, the Russian Federation, taxpayer
YOUNG SCIENTISTS SPEAKING OUT
Reference:
Rakhmankulova N.Kh.
Concept and Characteristics of Marital Relations Complicated by the Foreign Element
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=57411
Abstract:
The article contains the grounds for the creation and termination of marital relations, complicated by a foreign element, regulated by rules of private international law
Keywords:
international private law, marriage and family relations, foreign element, subject, juridical fact, citizenship, capacity, marriageability
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