Reference:
Ponomareva K.A..
Prospects for Bankruptcy of Municipalities: Preventive
and Curative Budget Strategies according to the Legislation
of the Federal Republic of Germany
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 103-109.
DOI: 10.7256/1991-3222.2015.1.66693 URL: https://en.nbpublish.com/library_read_article.php?id=66693
Abstract:
Public relations in the areas of financial regulation and municipal law concerning whether the bankruptcy
of the municipality is the essential tool for the German or modern land policies for the prevention of municipal debt
has other ways to make unnecessary bankruptcy are the object of the research. The subject of the research included
the theory and concepts of German financial law on bankruptcy of municipalities; German financial and municipal law
norms; Russian and German judicial practice on disputes related to the issues of solvency municipalities of Germany.
The study is based on comparative legal method which allows to compare similar legal problems in the German and Russian
legislation, and to identify the best ways to resolve them. In view of historical and legal approach article illuminated
the institute of fiscal and legal responsibility in its genesis. Scientific novelty consists in the fact that a comprehensive
study of the institution of bankruptcy municipalities is carried out which is based on the new legislation of the Federal
Republic of Germany. When meaningful approximation to the offence the budget crisis is considered as an offense in
relation to financial equalization. It is set in the charters of the municipalities of all lands as a mandatory rule. Since the
inter-budgetary equalization can not be seen only in the short or long term, we can state the different stages of the critical
budget situation. The question is – how promptly the lands are able to respond to the budget violations?
Keywords:
budget, bankruptcy, municipalities, federation, federal lands, Federal Republic of Germany, the failure of the financial crisis, federal reform, solvency.
Reference:
Barankov V.L..
International Standards and Constitutional Guarantees
of Social Protection of Participants of the Trial
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 110-113.
DOI: 10.7256/1991-3222.2015.1.66694 URL: https://en.nbpublish.com/library_read_article.php?id=66694
Abstract:
The article deals with the issues of social protection of judges on the basis of international standards and constitutional
guarantees of social protection of judges and their families. The author discussed the issue of the independence
of judges at the international level. The article describes the main types of guarantees of social protection which is submitted
to all the judges of the Russian Federation, as well as features of social health and pension of judges, guarantees
of labor rights and rights to housing. The paper analyzes the social aspects of the protection of judges in foreign countries
(England, Lithuania, Spain and so on.). The scientific novelty of the research is to examine the social guarantees of judges
at the international level and in accordance with international standards, the analysis of the principles relating to the independence
of the judiciary and the coordination of social protection of judges. The author of the article marked the gaps
of legal regulation of this area of social security of judges.
Keywords:
judge, social protection of judges, international standards, guarantees of participants, constitutional guarantees, the trial, the principle of judicial independence, the judicial system, pensions of judges, health care of judges.
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.
DOI: 10.7256/1991-3222.2012.2.59419 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.