Reference:
Bekhruz Kh..
On the Influence of Roman Law on Islamic Law:
Some Conceptual Reflections
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 306-313.
DOI: 10.7256/1991-3222.2014.2.65154 URL: https://en.nbpublish.com/library_read_article.php?id=65154
Abstract:
The article investigates the question of character and degree of impact of the Roman law on the Islamic law in
context of the functioning of legal doctrines, sources and also structure of law. The forms of such influence have been analysed.
It is noticed that certain provisions, principles and norms of the Roman law have rendered both dirrect, and indirect
influence on formation of separate provisons of the Islamic law. It is specified on strengthening of such influence, since XIX
century, when direct reception of the norms and institutes of the romano-germanic law generated under direct influence
of the Roman law, took place. The direct reception of the provisions of the Roman law is not at issue. Some of them have
been included as a result of the islamization of the established legal practice through the acceptance of the norms which
do not contradict to the substantive provisions and principles of the Islamic law.
Keywords:
Roman law, Islamic law, borrowing, legal reception, legal tradition, Roman jurisprudence, Islamic legal doctrine, legal sources, structure of law.
Reference:
Georgievskiy E. V..
Customary Criminal Law of Ancient Germany before
the Formation of the First Barbarian Kingdoms
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 314-326.
DOI: 10.7256/1991-3222.2014.2.65155 URL: https://en.nbpublish.com/library_read_article.php?id=65155
Abstract:
The article discusses the genesis and formation of criminal law of old Germanic tribes which is expressed in the
main categories of criminal law – crime and punishment. Customary law of the ancient Germans, as a foundation for the subsequent formation of positive law are cumulative religious- legal imperatives which are geographically and ethnically
different. Universality at the given historical stage of the general approach to concept of the criminal supposed inseparability
of material and formal component in its content. The main forms of social coercion, such as prototypes of criminal
penalties were vendetta and ostracism.
Keywords:
ancient Germany, common law, crime, blood feud, exile, personal principle of the right, war, cowardice in fight, ferocity of barbarians, adulterous intercourse.
Reference:
Melnichuk O.F..
Main Ideas on Human Right
to Education in Russian
and Ukrainian Philosophical Legal Thought of XIX Century
// Journal of Foreign Legislation and Comparative Law.
2013. № 5.
P. 886-890.
DOI: 10.7256/1991-3222.2013.5.63820 URL: https://en.nbpublish.com/library_read_article.php?id=63820
Keywords:
right to education, the conceptual ideas of the right to education, P. Yurkevich, M. Drahomanov, K. Ushinsky, І. Franko, B. Kistiakowsky.
Reference:
Savchenko D.A..
Medieval China Criminal Law Rules
for Legal Protection of State Security
// Journal of Foreign Legislation and Comparative Law.
2013. № 5.
P. 891-897.
DOI: 10.7256/1991-3222.2013.5.63821 URL: https://en.nbpublish.com/library_read_article.php?id=63821
Keywords:
legislation of medieval China, Tang dynasty code, Min dynasty code, criminal law, state security, rebellion, treason, espionage.
Reference:
Rubanik V.E..
General View about Court and Justice
in the Middle Ages: Europe and Russia
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 304-312.
DOI: 10.7256/1991-3222.2013.2.62851 URL: https://en.nbpublish.com/library_read_article.php?id=62851
Abstract:
The article investigates the general idea of the court and justice, forming in Europe and in Russia in the Middle
Ages. The thesis about the significantly differed in form and content systems of ruling, legal regulation of social relations,
the court of justice, the impact of which continues to remain relevant to the presen were objectively evolved in individualized
Western Europe and community-patriarchal East Slavic Russia.
Keywords:
comparative law, Middle Ages, medieval Europe, medieval Russia, the history of the court, judicial activism, the Western tradition Court, Eastern Slavic tradition of the court, the state court, judiciary.
Reference:
Berlyavskiy L.G..
Сontribution by L.D. Brandeis into Development
of Constitutional Law
of the United States of America
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 313-319.
DOI: 10.7256/1991-3222.2013.2.62852 URL: https://en.nbpublish.com/library_read_article.php?id=62852
Abstract:
The article is devoted to the research of the constitutional legal concept by Louis Brandeis — the outstanding
American man of law, Associate Justice of the United States Supreme Court. He is considered as one of four greatest judges
in XX century. L. Brandeis was possible to become successful in asserting the workers social and labor rights that directly
have not been fixed in the United States Constitution. The “Brandeis Brief” became the essential contribution to USA procedural
law. Brandeis was a supporter of the “Living Constitution” conception that is based on the idea of social changes,
evolutions of the legal system and the Basic law.
Keywords:
Louis Brandeis, constitutional legal concept, United States Supreme Court, social and labor rights, procedural law.
Reference:
Grigorieva O.G..
International Legal Assistance
in Civil Cases in Soviet State and Law
// Journal of Foreign Legislation and Comparative Law.
2013. № 1.
P. 124-128.
DOI: 10.7256/1991-3222.2013.1.62565 URL: https://en.nbpublish.com/library_read_article.php?id=62565
Abstract:
By the use of historical methods of research the article paints a picture of the formation of the institute of international
legal assistance in civil cases in Soviet law. The main factor which influenced on this process was international
law policy of the Soviet state. Main stages of the formation of the institute of international legal assistance in civil matters
are highlighted.
Keywords:
international legal assistance in civil matters, international law policy of the USSR, modern international law, the new economic policy, emigration from the USSR.
Reference:
Nematov A. R..
Genesis of Institute of the Law in Tajikistan
// Journal of Foreign Legislation and Comparative Law.
2012. № 4.
P. 87-100.
DOI: 10.7256/1991-3222.2012.4.61474 URL: https://en.nbpublish.com/library_read_article.php?id=61474
Abstract:
The present article is devoted to formation and development of institute of the law in the territory of the pre-
Soviet period, Soviet period and Post-Soviet period of Tajikistan. The pre-Soviet period, i.e. since ancient times before establishment
of the Soviet power in the territory of modern Tajikistan, Soviet period, i.e. from the moment of establishment
of the Soviet power to the beginning of the 90th years of the XX century, Post-Soviet period i.e. from about the beginning
of the 90th years of last century to these days.
Keywords:
law, usual and religious norms, Avesta, Koran, Yasa, Tuzuki, legislation of the Russian Empire, Sharia, Decree, Constitution, Bukhara National Soviet Republic, Turkestan ASSR, Tajik ASSR, Tajik Soviet Socialist Republic, Constitution of the Republic of Tajikistan, the laws of the Republic of Tajikistan adopted by a referendum, the constitutional laws, codes.
Reference:
A.V. Kresin.
Formation of the Theoretical and Methodological
Foundations of Comparative Law
in the Works of Paul Johann Anselm
von Feuerbach
// Journal of Foreign Legislation and Comparative Law.
2012. № 1.
P. 69-83.
DOI: 10.7256/1991-3222.2012.1.59358 URL: https://en.nbpublish.com/library_read_article.php?id=59358
Abstract:
The works of the german scientist–lawyer, criminologist Paul Johann Anselm Ritter von Feuerbach in the field
of philosophy of law and comparative law are analyzed in the article. The historical way in works of Feuerbach from
need for knowledge of the foreign law and of the national law up to the appearance of new discipline “comparative law”
is shown.
Keywords:
Paul Johann Anselm Ritter von Feuerbach, comparative law, natural law, philosophy of law.
Reference:
F. Feldbrugge.
Cooperation with Dutch Lawyers in the Process
of Civil Code of the Russian Federation Elaboration
and Investment of G.E. Avilov
// Journal of Foreign Legislation and Comparative Law.
2011. № 6.
P. 103-107.
DOI: 10.7256/1991-3222.2011.6.59145 URL: https://en.nbpublish.com/library_read_article.php?id=59145
Abstract:
The Author, famous Dutch lawyer who took part in consulting for group of Russian experts involved into the
process of creating of Russian Civil Code, estimates the reform, its scope, legal results, and personal contribution of
G.E. Avilov in codification of Russian civil law.
Keywords:
civil law, the netherlands, comparative law, G.E. Avilov, reform of civil law in Russia, Russian Civil Code, history of law, codification.
Reference:
T.O. Kuznetsova.
Japan’s Path of Democratic Development:
from the Meiji Constitution
to the Postwar Democratic Reforms
// Journal of Foreign Legislation and Comparative Law.
2011. № 2.
P. 125-134.
DOI: 10.7256/1991-3222.2011.2.58603 URL: https://en.nbpublish.com/library_read_article.php?id=58603
Abstract:
The article focuses on the history of constitutional development of Japan during the period from the Meiji reforms
prior to the promulgation of the Constitution after the World War II.
Keywords:
law, legal science, emperor, constitution, election, diet, cabinet, law regulation, political parties.
Reference:
G.N. Andreeva.
From the History of Constitutional Regulation
of Finance in Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2011. № 1.
DOI: 10.7256/1991-3222.2011.1.58186 URL: https://en.nbpublish.com/library_read_article.php?id=58186
Abstract:
This article reviews constitutional regulation of the financial relations in foreign countries. Paying substantial
attention to the historical aspect, the author investigates such important problems like principles of state budget’s
incomes and charges formation, constitutional financial control, monetary emission, constitutional foundations of
banking.
Keywords:
history of law, comparative law, constitutional law, finances, budget, state debt, monetary emission, control, banking.
Reference:
A.A. Lupu, I.Yu. Oskina.
Occurrence and Pledge Development as Civil Law Institute
// Journal of Foreign Legislation and Comparative Law.
2011. № 1.
DOI: 10.7256/1991-3222.2011.1.58187 URL: https://en.nbpublish.com/library_read_article.php?id=58187
Abstract:
From the analysis of historical development of pledge, it is visible that its active development is objectively
connected with occurrence of a private property and smashing of large ground possession to small sites, that is pledge,
has arisen as alternative of a private responsibility of the debtor.
Keywords:
Pledge, development history, civil law institute, private property, the ground areas, responsibility of the debtor, civil–law transactions
Reference:
Yu.M. Golovko.
About the Origins of the Doctrine of Equality
in the John Adams’ Revolutionary Projects
// Journal of Foreign Legislation and Comparative Law.
2011. № 1.
DOI: 10.7256/1991-3222.2011.1.58188 URL: https://en.nbpublish.com/library_read_article.php?id=58188
Abstract:
The North American state legal doctrine stems from the War of Independence, the task of the Founding
Fathers was to devise political machinery that would enable the divergent aims of the colonies to be reconciled. The
constitutionalism became the most important stumbling block between the mother country — the centre of the empire —
and the colonies. The American Revolution had two main claims, the first one was creation of the autonomous states and
the next one was the adoption of their written constitutions. The outstanding lawyer, the practicing jurist John Adams
was among the most active Founding Fathers and two his law’s drafts were taken as a model for the constitutions of some
American states.
Keywords:
J. Adams, constitutionalism, constitution, project, act, popular, sovereignty, democratic liberties, form, government, republic.
Reference:
Akopyan O.A..
Conduct of Tax Reforms in the USA in 1980s for the Investment Process Stimulating.
// Journal of Foreign Legislation and Comparative Law.
2010. № 4.
DOI: 10.7256/1991-3222.2010.4.57725 URL: https://en.nbpublish.com/library_read_article.php?id=57725
Abstract:
Article is devoted to the tax system of the USA and questions of stimulation of investment process during the crisis periods in economy. In article you can find the review of some the basic measures undertaken by the government of the USA during 80th years of XX century, which promoted improvement of an investment climate.
Keywords:
Investments, Taxes, The state, Financing, Stimulation, Innovations, Privileges, Crisis
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. № 3.
DOI: 10.7256/1991-3222.2010.3.57550 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
Reference:
Vygovsky A.I..
Comparative Analysis of the Methods of Solving of Conflict Aspects Concerning Securities
// Journal of Foreign Legislation and Comparative Law.
2010. № 2.
DOI: 10.7256/1991-3222.2010.2.57418 URL: https://en.nbpublish.com/library_read_article.php?id=57418
Abstract:
The present article deals with the comparative legal analysis of the legislative approaches to the conflict of laws problem with regard to the intermediated securities. The author scrutinizes the distinct features of relations between the main participants of the indirect holding system, analyzes the doctrinal approaches in this sphere of conflict of laws, examines the legal regulations of various jurisdictions (Belgium, Canada, France, Germany, Italy, Luxembourg, the Netherlands, the United Kingdom, the United States), as well as the European Union law. It also provides an overview of the Hague Convention 2002 on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary
Keywords:
comparative law, securities, conflict of laws, intermediary, securities account, EU Directives, PRIMA
Reference:
A. A. Vasil'ev.
Pravovaya doktrina kak istochnik angliiskogo prava
// Journal of Foreign Legislation and Comparative Law.
2009. № 2.
DOI: 10.7256/1991-3222.2009.2.56899 URL: https://en.nbpublish.com/library_read_article.php?id=56899
Reference:
POPOVA A.V..
Certain Aspects of the Identification of the Western Neoliberalism of the XX-th Century
// Journal of Foreign Legislation and Comparative Law.
2009. № 1.
DOI: 10.7256/1991-3222.2009.1.56638 URL: https://en.nbpublish.com/library_read_article.php?id=56638
Abstract:
The author believes that western neoliberalism can be identified as a kind of political practice by means of the reconstruction of the ontological concept of man and society on the value basis with the help of criteria of public and historical reputation.
Key words: comparative law, neoliberalism, models of western neoliberalism, German model of neoliberalism, individualism, egalitarianism, universalism, ontological model of neoliberalism, value judgments