TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Khabrieva T.Y.
Doctrinal Foundation and Constitutionalization
of Justice Ideas
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 4-9.
URL: https://en.nbpublish.com/library_read_article.php?id=59409
Abstract:
The article is devoted to the currently existing scientific doctrines of justice and their consolidation in the texts
of constitutions. Study of different points of view on this matter, allowed the author to identify a set of basic criteria of
justice, many of which are reflected in constitutional provisions. The article provides a comparative legal analysis of constitutional
rules relating to the regulation of matters of justice. The author concludes that the constitutions of many countries
are increasingly turning to issues of justice. In this case there is a tendency for greater consolidation of them and
search for new models and forms of their constitutional and legal implementation.
Keywords:
comparative law, scientific doctrine, constitution, justice, the judiciary.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Jasna Omejec
New European Transition Constitutions
and the Transformative Role
of Constitutional Courts
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 10-26.
URL: https://en.nbpublish.com/library_read_article.php?id=59410
Abstract:
In this article the author analyses the shared characteristics of the constitutions that post-socialist and postcommunist
European states adopted after they gained independence and calls them the new European transition constitutions.
The author analyses the deep rift that appeared and still exists between the ideal that was written down in the new
transition constitutions and the real conditions that exist in post-socialist and post-communist societies.
She proves that the appearance and the amazing escalation of institutional constitutional judicature in post-socialist and
post-communist European states resulted from the objective need for that and that constitutional courts have a transformative
role in European post-socialist and post-communist states.
Keywords:
constitution, constitutional court, heritage of the past, transition state, post-communist state, common European heritage.
TOPICAL PROBLEMS OF PUBLIC LAW
Reference:
Shakhray S.M.
Role of the Constitutional Court’s
of the Russian Federation Decisions
for the Establishment of Constitutional Model
of Russian Federalism
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 27-36.
URL: https://en.nbpublish.com/library_read_article.php?id=59411
Abstract:
The author of the article follows the dynamics of the federative relationship of the Post-Soviet Russia from the
point of view of The Constitutional Court of The Russian Federation decisions and legal positions. The influence of the
practice of the federal constitutional control body for the specification and the strengthening of the model of the Federal
government of Russia, which was provided by the Constitution of the Russian Federation in force, is shown in the article.
The author gives the analysis of the substantive content of the constitutional principles of the federal structure given by
The Constitutional Court of The Russian Federation. The implementation of the ideas of federalism in the activity of the
State federal and regional authorities of Russia by the Constitutional Court is also reviewed in the article.
Keywords:
unity of the federation; legal positions of the Constitutional Court of the Russian Federation; equa
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Varavenko V.E.
Formation and Development of the Contract law
of the People’s Republic of China
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 37-41.
URL: https://en.nbpublish.com/library_read_article.php?id=59412
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.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Konstantinovsky M.M.
Trespass to Land —
Tort and Liability in English Law
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 42-48.
URL: https://en.nbpublish.com/library_read_article.php?id=59413
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.
TOPICAL PROBLEMS OF PRIVATE LAW
Reference:
Chernyshova T.V.
Conciliation in family law:
Russian and foreign experience
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 49-54.
URL: https://en.nbpublish.com/library_read_article.php?id=59414
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.
CONSTITUTIONAL ECONOMICS
Reference:
Shokhin A.N.
Expert Business Participation
in Decisions of the European Union
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 55-59.
URL: https://en.nbpublish.com/library_read_article.php?id=59415
Abstract:
The present article examines the possibility of private commercial entities for European Union legal acts expertise;
the features of new phenomenon, such as expertocracy, eurolobbying, etc. are defined.
Keywords:
The present article examines the possibility of private commercial entities for European Union legal, such as expertocracy, eurolobbying, etc. are defined.
CONSTITUTIONAL ECONOMICS
Reference:
Pisenko K.A.
Public Subjects of Competition Law
in Russia and Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 60-71.
URL: https://en.nbpublish.com/library_read_article.php?id=59416
Abstract:
Article is devoted to research and comparison of models and systems of public subjects of competition protection
and competition law in Russia and foreign countries. Models are analyzed mainly from a position of principles of concentration-
deconcentration and centralization-decentralization of public administration, and also from a position of controls and
counterbalances system in competition protection of public regulation. On the basis of the revealed general approaches in
foreign experience are given some proposals to perfect the domestic system of the competition law public subjects.
Keywords:
antimonopoly law, foreign experience, public subjects of competition law, public competition defense systems, competition bodies systems, russian antimonopoly bodies, antimonopoly legislation perfection problems, principle of deconcentration, principle of decentralization.
CRIME CONTROL
Reference:
Abaturov A.I.
Experience of Post-Penitentiary Supervision
in the Neighbouring Countries
(comparative-legal analysis)
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 72-76.
URL: https://en.nbpublish.com/library_read_article.php?id=59417
Abstract:
The article deals with topical issues of minimizing recidivism by means of institute of post-penitentiary supervision.
It runs the comparative-legal analysis of standard legal certificates detailing with supervision of the persons
released from places of imprisonment in Russia and the near abroad countries — Belarus, Uzbekistan, Ukraine, Kazakhstan.
In conclusion the author offers the basic directions for further realization of the legislative innovations in the field
of administrative supervision.
Keywords:
post-penitentiary supervision, recidivism, law-enforcement bodies, correctional facilities, administrative supervision, the countries of the CIS, the supervised person, criminal liability, administrative liability.
CRIME CONTROL
Reference:
Gasanzade S.B.
Aspects of Combating with Crime against Children
in the International and National Law
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 77-83.
URL: https://en.nbpublish.com/library_read_article.php?id=59418
Abstract:
Violation of the law by juveniles, including the actions of a criminal nature all the time raises a serious concern
in any society. This issue is considered as a successful guarantee of the future society in the advanced countries. Therefore,
the national laws of Azerbaijan, which are formed on the basis of international law, attach special importance to the
protection of children in recent years. Prevention of juvenile criminality and permanent control of it are considered as a
priority in international relations and cooperation.
This article discusses the process of the combating with juvenile crime at the national and international levels, the proposals
of problems liquidation in this area are offered.
Keywords:
comparative law, the protection of rights, child, crime, foreign, national, law, acts.
ADMINISTRATIVE LAW AND ADMINISTRATIVE PROCESS
Reference:
Sukhareva N.V.
Comparative Legal Analysis
of Administrative Procedure Legislation
in the Russian Federation and Germany
(issues of systematization)
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 84-92.
URL: https://en.nbpublish.com/library_read_article.php?id=59419
Abstract:
This article is dedicated to topical issues of systematization of administrative and procedural legislation of
two countries: the Russian Federation and Germany. The history of administrative and procedural law in Germany is
significantly long and, therefore, It is attractive for the Russian legal science. The author reveals the problems which shall be resolved in Russia, analyzes the current administrative procedural
legislation of the Russian Federation and analyzes the administrative and procedural legislation in Germany. The
article pays attention to the analysis of the current German law “On Administrative Procedure” and the draft law
which is being drafted in Russia, with due consideration of the European standards of systemization of administrative
procedures.
Keywords:
comparative law, administrative and procedural legislation of Russia, the administrative procedural legislation of Germany, the administrative process, administrative and procedural norms, administrative act, administrative procedure, administrative jurisdiction, the administrative and jurisdictional process.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Cherepanova E.V.
Information Support of Legal Monitoring
in Russia and Republic of Kazakhstan:
Comparative Legal Research
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 93-97.
URL: https://en.nbpublish.com/library_read_article.php?id=59420
Abstract:
Types, sources of the information and procedure of its use in the course of legal monitoring in the Russian
Federation and Republic of Kazakhstan are analyzed in the article. The conclusion on absence of legal regulation of the
procedures of gathering analysis and estimation of specified information is made on the basis of the research. Thereupon
the author offers some recommendations in this sphere.
Keywords:
legal monitoring, the information, methodical recommendations, legal acts, the legal statistics.
ENVIRONMENTAL PROTECTION
Reference:
Kopylov M.N., Solntsev A.M.
To the Anniversary
of the First Universal International Treaty
in the Field of Preservation
of Biological Diversity
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 98-108.
URL: https://en.nbpublish.com/library_read_article.php?id=59421
Abstract:
The article reveals the importance of wetlands. The history of elaboration and adoption of the 1971 Ramsar
Convention on Wetlands of International Importance especially as Waterfowl Habitat is briefly analyzed. The obligations
of States under the Ramsar Convention, the criteria for classification of wetlands in the category «wetlands of international
importance», the essence of the Montreux Record and of Ramsar advisory missions are disclosed. On the bases
of Russian transboundary wetlands it is concluded that Russian national legislation should be further developed and
improved.
Keywords:
wetlands, Ramsar Convention, the Ramsar List, the Montreux Record, the Ramsar advisory mission, the International Union for Conservation of Nature and Natural Resources, International Court of Justice.
ENVIRONMENTAL PROTECTION
Reference:
Kananykina E.S.
Protection of the Atmospheric Air
in the Legislation of Russia and Canada
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 109-114.
URL: https://en.nbpublish.com/library_read_article.php?id=59422
Abstract:
The atmospheric air as an object of environmental protection takes its-shaped position. Essentially it is embodied
all of the natural environment, outside a man. Atmospheric air to a large extent is a natural environment, which we
guard. On the other hand, the natural environment is first of all atmospheric air, which acts as a middleman between the
natural environment and man. If forests, animals and plans in the forest, land cover are contaminated they all are dying.
But for the atmospheric air pollution and its extent does not matter. It is always the atmospheric sphere of air, although
of a different quality.
Keywords:
comparative law, policy, law, environmental protection, atmosphere, air, legislation, Russia, Canada.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Tsomartova F.V.
Legal Status of Homeschooling
in Foreign States
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 115-121.
URL: https://en.nbpublish.com/library_read_article.php?id=59423
Abstract:
The article analyzes the problems of legal status of homeschooling in foreign states from the comparative aspect.
The author consider the international legal foundations of homeschooling, the right to choose the form of education,
mechanisms of public records of children and control of quality of education received in the family, the forms of financial
participation of the state to provide homeschooling, etc.
Keywords:
educational legislation, form of education, homeschooling, educational process, educational standards.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Sheynfeld S.A.
German Mining Law in the Context
of International Law
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 122-127.
URL: https://en.nbpublish.com/library_read_article.php?id=59424
Abstract:
The present article deals with international and legal frameworks of mining rights in Germany. The relevance
of this study due to the presence of a stable system of mining rights in Germany, the importance of international legal
system and European legislations for mining rights in Germany, as well as the presence of the need for improvement of
Russian legislations on mineral resources, including the experience of foreign countries with a federal form of government.
The article analyzes provisions of applicable international law to legal regulations in the field of subsoil use in
Germany. The authors conclusions may be used in law application practice and law-making activity.
Keywords:
German mining law, international law, European law, cross-border legal cooperation, subsoil use, environmental security, industrial security, continental shelf.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Borisov V.N.
Contract for the International Carriage
of Goods by Road: the CMR Note
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 128-134.
URL: https://en.nbpublish.com/library_read_article.php?id=59425
Abstract:
The article is devoted to the CMR note which is used to confirm the contract for the international carriage of
goods by road. The author has analyzed the provisions of CMR Convention 1956 which concern preparing and filling out
the CMR note both by the sender and the carrier as well as the liability for the incorrect information entered or for the
absence of the consignment note. The conclusion is drawn that certain points are not clearly defined in Convention which
is confirmed by the lack of uniform law practice upon them.
Keywords:
Contract for the international carriage of goods by road, Convention on the Contract for the International Carriage of Goods by Road (CMR) 1956, the CMR note.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Yudkina I.A.
Responsibility for the Damage Caused
by Criminal Court in the Civil Codes of Russia,
Ukraine, Belorussia and Kazakhstan
(comparative analysis)
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 135-141.
URL: https://en.nbpublish.com/library_read_article.php?id=59426
Abstract:
The article presents comparative analysis of legal regulation of responsibility for the damage caused by criminal
court in the legislation of Russia, Belorussia, Ukraine and Kazakhstan. Some features of legal regime of responsibility
for the damage caused by criminal court in the legislation of the above-mentioned states are defined here. As a result
of the research, some positive sides of adoption of the complex legislative act stating the order of compensation of damage
and restoration of the rehabilitees’ other rights, like the one valid in Ukraine, are pointed out.
Keywords:
rehabilitation, compensation for damage, responsibility, guilt, illegal conviction, state treasury.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Beloysova O.V.
Unification of Legislation in the Sphere of Private
International Law within the European Union:
Analytical Review
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 142-163.
URL: https://en.nbpublish.com/library_read_article.php?id=59427
Abstract:
The article is concerned with analysis of the process of unification in the sphere of private international law
within the European Union. The author covers the questions of ways and methods of unification of private international
law within the European Union, deals with the specific features of the unification of law of obligation, succession, marital,
labor relations, civil procedure. There is also the conclusion in the article about effective ways of the unification in connection
with certain types of legal relations.
Keywords:
European Union, international private law, unification, harmonization regulation, directive, international agreements, substantive regulation, rules governing choice of laws, contractual relations.
RESEARCHES OF YOUNG SCIENTISTS
Reference:
Sevalnev V.V.
Development of the Innovative Sector
of the People’s Republic of China
// Journal of Foreign Legislation and Comparative Law.
2012. ¹ 2.
P. 164-174.
URL: https://en.nbpublish.com/library_read_article.php?id=59428
Abstract:
The article provides in-depth analysis of major trends and directions of development of innovative sector of
the PRC. It is noted that China’s leaders recognize the innovative development as a priority in the ongoing modernization
of the state. It is no accident that in recent years, innovative sector of China has received a substantial qualitative and
quantitative development. Across China there are large state-owned long-term innovative programs, major innovation
centers, technology parks, laboratories, scientific and technological development are developed and successfully operated.
The author highlights the success of the Chinese experience in this area, which is very useful for its borrowing and
in our country.
Keywords:
comparative law, innovation sector, innovation, the subjects of innovation, tax credits, PRC.
Eng
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