INTERNATIONAL SCHOOL FOR YOUNG SCIENTISTS
Reference:
Plugina I.V., Mescheryakova M.A., Nanba S.B., Zolotova O.A.
(V International Practical Training-School for Young Scientists-Lawyers and Specialists in Jurisprudence)
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57541
Abstract:
The institute of the legislation and comparative law under the Government of the Russian Federation has held the V International school of young scientists–lawyers «The Heritage of legal science and the contemporaneity» on May, 26–28th, 2010. The review of School events and also the basic ideas stated by its participants are presented in the article
Keywords:
science, scientific heritage, scientists, schools of science
INTERNATIONAL SCHOOL FOR YOUNG SCIENTISTS
Reference:
NARISHKIN S.Ye.
Heritage of Legal Science and Modernity
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57542
Abstract:
S. Narishkin reveals complicated processes of legal science revolution, aspects of scientific value of legal heritage, specifies the main problems for scientists–lawyers in the opening speech at the International Practical Training–School for Young Scientists–Lawyers. It is denotes that they should treat all occurrences of legal actuality with due care and not allow its obliteration and disfiguration
Keywords:
legal science, legal heritage, legal actuality, problems of legal science
INTERNATIONAL SCHOOL FOR YOUNG SCIENTISTS
Reference:
Lafitsky V.I.
Legal Science: History and Modernity
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57543
Abstract:
Stages of the development of legal science as a global phenomenon are demonstrated in the article. The legal schools role of ancient China, ancient India, Judaea, ancient Rome, Islamic world, Ancient Rus’ is shown. It is pointed out that modern legal science should absorb Confucianism’s harmony of nation, Hinduism view of Karmic predeterminacy, Islamic principles of social solidarity, Buddhistic canons of pious life, Christian commandment of freedom and love
Keywords:
legal science, history of legal science, legal schools, value of legal science
ISSUES OF THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Egorov A.V.
Method of the Comparative Law Science
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57544
Abstract:
The method of comparative law as general comparative way of the legal elements examination based on an objective character of its identity and distinction is considered in the article. This method is realized through the comparative relation in the form of new knowledge» which has a possibility to be implement in the form of legal reception. The author analyses such objects as a comparison, the grounds of legal comparison and the conclusion made in the process of comparison. The article is oriented on the experts in the field of the theory and methodology of comparative legal science
Keywords:
comparative law, method of comparison, comparative element, legal reception, the grounds of legal comparison, conclusion of comparison, objects of comparison, legal comparativistic
ISSUES OF THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Ermakova K.P.
Judicial Discretion: Anglo-Saxon and Continental Interpretation
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57545
Abstract:
The problem of judicial discretion from the anglo–saxon and continental system of law position is considered in the artice. The concept of judicial discretion is formulated. The essence of judicial discretion in common law and continental law systems is disclosed. Comparative analysis of mentioned events is given
Keywords:
judicial discretion; limits of judicial discretion; judicial precedent; interpretation precedent; An
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Serkov P.P.
Procedural Responsibility (theoretical and practical problems)
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
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
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
Arkhipova Ju.V.
Disclosure of Evidence in Civil Procedure in England and USA
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
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
CRIME CONTROL
Reference:
Centes J., Lazareva N.U.
Ñriminal Aspects of Combating with Illegal Drug Trafficking in the Slovak Republic
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57548
Abstract:
This article deals with analysis of criminal legislation of Slovak Republic in sphere of struggle against drug. Detailed analysis of the Criminal code articles on establishing responsibility for illegal manufacture, keeping, sale of narcotic means, psychotropic substances or precursors is presented( 171–172 CL SR). Article also contains the comparative analysis of the criminal legislation of Russian Federation and Slovakia in this sphere.
Keywords:
comparative law, anti–drug politics, Criminal Law of Slovak Republic, narcotic means, psychotropic substances, precursors, illegal drug trafficking, punitive conception, medico–therapeutic conception, resocialization
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Volkova N.S., Tsomartova F.V.
To The Issue of Status of Private Educational Organizations
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57549
Abstract:
The article analyzes the problems of legal status of private/non–state educational organizations from the comparative aspect in foreign countries. The authors consider the constitutional foundations of private/non–state educational organizations functioning, legal regime of state and private/non–state education interaction, forms of the state¢s financial participation for private/non–state educational organizations
Keywords:
private/non–state education, status of private/non–state educational organizations, educational process, educational standards
PAGES OF HISTORY OF STATE AND LAW
Reference:
Andreeva G.N.
The place of the Constitution of Ionian Islands of 1799 in the global constitutional process: problem statement
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57550
Abstract:
The very first Greek constitution, the Constitution of Ionian islands of 1799 is an example of constitution conferred by Russia to other state while lacking constitution and constitutionalism. It was developed just after the joint Russian–Turkish military operation against France has finished and the Ionian Islands were protected by the Russian fleet under command of admiral F.F. Ushakov. The circumstances of the development of the Constitution was thoroughly researched by the historians; from the constitutional point of view, however, many aspects of the constitutional process were studied insufficiently. Referring to the analysis of the historical materials about the making of the Constitution of the Ionian Islands, the author gives her own appraisal of the Constitution as an act of «transitional type»: it hardly could be treated as a leading act, compared to the revolutionary constitutions. The value and originality of that Constitution lies in its compromise nature (it demonstrates the mutual settlement of the positions of two cooperating states as well as of the domestic legal traditions), and in it its contribution to the experience of the constitutional expression of the transition to the independence.
Keywords:
the Constitution of the Ionian Islands of 1799, constitution historiography, constitution making, novelty of the constitution
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
Ostapenko E.I.
Arctic Passages: Aspects of Legal Regime
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57551
Abstract:
The Arctic seas and passages represent a great interest as alternative ways from Northern Europe to the Far East. Looks of seafarers are now addressed to the Arctic navigation which has ceased to be risky business owing to progress in a construction of vessels, icebreaking methods of swimming, knowledge of the surrounding polar environment, weather forecasts, human endurance etc.
Keywords:
Arctic, international straits, North–West passage, Northern Sea Route, legal regime
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Maldonado Popova A.A.
The Legal Status of Simplified Type of Joint Stock Companies According to the Legislation of Columbia Republic
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57552
Abstract:
The legal status of simplified type of joint stock companies is analyzed in the article according to the legislation of Columbia Republic as a more flexible tool for doing business
Keywords:
comparative law, simplified type of joint stock companies, shareholder, share, Corporate Law, corporate management, joint–stock agreement, commercial code, constituent document, legal representative
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Chursina T.I.
Realization Mechanism of Compulsory Voting System at the Elections in the Commonwealth of Australia
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57553
Abstract:
The author analyzes the mechanism of realization of compulsory voting system at the elections in the Commonwealth of Australia in the present article. Voting is a civic duty set by the Constitution of Australia. There are special mechanisms such as the possibility of postal voting, pre poll voting, absent voting, overseas voting and voting in Antarctica, as well as casting an ordinary vote at mobile boots set up in hospitals, nursing homes, remote areas and prisons for the realization of this duty
Keywords:
comparative law, Commonwealth of Australia, legislation, voting, elections, mobile boots, postal voting, pre poll voting, absent voting
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Krainova O.I.
Tax System of the Republic of Kazakhstan
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57554
Abstract:
Kazakhstan is the rapid economically developing country. Kazakhstan is the first of exUSSR countries who has declared a long–term development program till 2030 which is realizing now. The reform of tax legislation was the basic recent reform. The new Kazakhstan Tax Code is aimed to the country’s economy diversification: abolition of the part of privileges and preferences, tax rates reduction, optimization of tax accounting, — that consequently will contribute to the withdrawal of the economy from «shadow», the improvement of business operation conditions for entrepreneurship and the investments rising into the industry
Keywords:
comparative law, tax system, Kazakhstan, tax reform, reduction of tax onus, budget formation, economics modernization, long–term perspective, investment increase, program of development
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Levanov G.S.
Legal Regulation of Foreign Investments in the Federal Republic of Germany
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57555
Abstract:
In this article the author considers eligible issues in the regulation of investment relations based on legal analysis of the laws of Germany, the sources of international law, European law and scientific works of German lawers. The focus is on reform of the German investment law and aspects of European law in this sphere. In addition, the Russian reader has the opportunity to see not only the legal framework, but also with the institutions involved in the regulation of investment processes. The author identifies strong» and weak» sides of the legal regulation of foreign investment in Germany on the base of methods of scientific analysis and comparison. The official statistics of the total volume of German investments abroad and total volume of foreign investments in Germany are proposed in the article
Keywords:
shares, shareholder, guarantees, derivatives, directive, European passport, law, investment, investment fund, capital, catalog sales, compensation, forfeiture, loans, options, swaps, forwards, futures, hedging, hedge funds
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Vlasova N. V.
Uniform Regulation of Agency in the Geneva Convention 1983
// Journal of Foreign Legislation and Comparative Law.
2010. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=57556
Abstract:
The article is devoted to the problems of uniform regulation of agency in international commerce. Author examines the main provisions of the Geneva Convention on agency in the international
sale of goods 1983 as a reflection of the rules of continental and common law. Author comes to the conclusion that the Geneva Convention has been influential on legislation and court practice in a number of countries as well as on subsequent unification of the law of international commercial contracts
Keywords:
continental law, common law, commission agreement, agency contract, agency, unification, UNIDROIT, the Geneva Convention, international commerce
Eng
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