Reference:
Tsirina M.A..
Legal Regulation of Creation and Activity of International
Commercial Arbitration in England and Switzerland
// Journal of Foreign Legislation and Comparative Law.
2015. № 1.
P. 89-102.
DOI: 10.7256/1991-3222.2015.1.66692 URL: https://en.nbpublish.com/library_read_article.php?id=66692
Abstract:
The international legal acts, national legal acts of England and Switzerland regulating creation, and also activity
of the international commercial arbitration by consideration, permission, a carrying out and contest of arbitral awards
on private-law disputes are the objects of research of the present article. Internal rules of the international commercial
arbitration of England and Switzerland, regulating procedural aspects of activity of such arbitration, also make a subject
of this scientific research. In article on the example of English and the Swiss legislation shows the degree of influence of
the international legislation on the development of national laws on the international commercial arbitration and their
internal rules. The research considered the newest tendencies of development of legal regulation in this area which can
be considered during improvement of the Russian legislation.
The methodological device of this scientific research is made by the general and special methods of scientific knowledge
which are successfully approved during basic and applied researches, among which: the formal and logical method including
the analysis and synthesis, analogy and comparison; system and structural method; the legalistic; the comparative and
legal; method of interpretation of law, etc.
Keywords:
International commercial arbitration, the arbitration rules, the rules of international commercial arbitration, UNCITRAL.
Reference:
Osminin B.I..
Impact of the Decision of the U.S. Supreme
Court Medellin v. Texas on the Implementation
of International Treaty Obligations of the United States
// Journal of Foreign Legislation and Comparative Law.
2014. № 6.
P. 1101-1109.
DOI: 10.7256/1991-3222.2014.6.66198 URL: https://en.nbpublish.com/library_read_article.php?id=66198
Abstract:
The US Constitution (art. VI) states that “all treaties made, or which shall be made, under the authority of the United
States, shall be the supreme law of the land”. Early in the country history, the U.S. Supreme court distinguished between
treaties “equivalent to an act of legislature” – and therefore enforceable in the courts – and those “the legislature should
execute” – meaning they could not be enforced in the courts until implemented by Congress and the President. The Supreme
court addressed the self-execution doctrine at some length in its 2008 decision, Medellin v. Texas. In 2004 the International
Court of Justice found that the United States had violated art. 36 of the Vienna convention on consular relations by failing to
inform 51 Mexican nationals of their rights to have their consulate notified of the arrest. The Supreme court held that this
judgment is not directly enforceable as domestic law. While a treaty may constitute an international commitment it is not
binding domestic law, the Court said, unless Congress has enacted statutes implementing it or the treaty itself conveys an
intention that it be “self-executing” and is ratified on that basis. None of the relevant treaties creates binding federal law in
the absence of implementing legislation, and no such legislation has been enacted. The opinion of the Supreme court leaves
unclear whether a non-self-executing treaty is merely judicially unenforceable, or whether it more broadly lacks the status
of domestic law. This could call into question the status of many existing bilateral and multilateral treaties for which there is
neither domestic implementing legislation nor a clear record that they are self-executing.
Keywords:
the consular notification, the International Court of Justice, the U.S. Supreme court, the Medellin v. Texas decision, self-executing treaties, non-self-executing treaties, a private right, a private right of action, a presumption in favor of treaty self-execution, a presumption against treaty self-execution.
Reference:
Tsirina M.A..
International Legal Regulation of the Issues of
Transparency and Openness of the Activities of Juridical
Persons in the Aspect of Beneficial Ownership
// Journal of Foreign Legislation and Comparative Law.
2014. № 6.
P. 1110-1120.
DOI: 10.7256/1991-3222.2014.6.66199 URL: https://en.nbpublish.com/library_read_article.php?id=66199
Abstract:
The subject of study is the international legal regulation of the issues of transparency and openness of the
activities of juridical persons.
The article analyzes the international treaties and acts of regional organizations active in this sphere, including the
Directive of the European Parliament and of the Council number 2005/60 / EC of 26 October 2005, the European Commission
Directive number 2006/70 / EC of 1 August 2006, Recommendations Financial Action Task Force on Money
Laundering (FATF), and others.
The main attention is paid to the identification of beneficial owners. Disclosure of beneficial ownership serves the purpose
of determining the control circuit of juridical persons, to prevent the laundering (legalization) of money, corruption, and ensure tax compliance by the said persons. According to the results of the analysis of the international legal
regulation of transparency and openness of the activities of juridical persons the author provides recommendations for
improvement of the Russian legislation in this area.
The methodological device of this scientific research is made by the general and special methods of scientific knowledge
which are successfully approved during basic and applied researches, among which: the formal and logical method
including the analysis and synthesis, analogy and comparison; system and structural method; the legalistic; the
comparative and legal; method of interpretation of the law, etc.
Keywords:
transparency of activity of juridical persons, openness of activity of juridical persons, beneficial ownership, identification of beneficial owner, anti-corruption, anti-money laundering, the adequate verification of customer, EU, FATF.
Reference:
Sychenko E.V..
European View on Freedom of Trade Unions:
the European Court of Human Rights
// Journal of Foreign Legislation and Comparative Law.
2014. № 6.
P. 1121-1125.
DOI: 10.7256/1991-3222.2014.6.66200 URL: https://en.nbpublish.com/library_read_article.php?id=66200
Abstract:
The author analyzes the practice of the European Court of Human Rights on cases of violations of the art. 11 of the
European Convention on Human Rights by states, which provides the freedom of association. This freedom with regard to
trade union organizations is widely interpreted by the Court. The article includes analysis of its components, such as the right
to collective bargaining, the right to strike or the right to protection from discrimination, the right to freedom of expression,
and others. The author has studied the judgments of the European Court of Human Rights, located in the database HUDOC,
so the Court approaches to freedom of association in relation to trade union activities are analyzed in general.
The practice of the European Court of Human Rights in the field of labor law is not so much studied because of small
number of cases dealing directly with the protection of labor rights. At the same time, despite the scarcity of such decisions
the legal positions of the Court are of great importance, both theoretically and practically. As a main conclusion
the author would like to mention a broad approach to the interpretation by the Court of the right to association and
the theoretical possibility to apply such a broad interpretation by the national courts.
Keywords:
trade union, European Court of Justice, freedom of association, collective bargaining, discrimination, strike, freedom of expression, the European Convention, a member of the trade union, employer obligations.
Reference:
Dzhimbeeva D.V..
Emerging Approaches to Conflict Regulation Obligations
of Unjust Enrichment in the Russian Legislation
// Journal of Foreign Legislation and Comparative Law.
2014. № 6.
P. 1126-1131.
DOI: 10.7256/1991-3222.2014.6.66201 URL: https://en.nbpublish.com/library_read_article.php?id=66201
Abstract:
The article considers the changes to Section VI of Civil Code of the Russian Federation “International private
Law” in respect of unjust enrichment obligations. The author analyses choice of law provisions on unjust enrichment
contained in Reglament “Rome II” and undertakes a comparison with Russian conflict of laws regulation system (articles
1223 and 1223.1 CC). The article outlines the advantages and disadvantages of the novelties of choice of law
rules in unjust enrichment. Based upon on the analysis of the Reglament, the author ascertains the modern tendencies
of conflict-of-law regulation in condictio obligations (application of party autonomy, influence of the most closest
connection principle). Taking into account the tendencies as specified, there are some modifications to be proposed
for introduction in current Russian choice of law rules. The methods of research which are used in the article include
both general scientific (dialectic, system, structural functional methods as well as techniques of formal logic- analysis,
synthesis, induction and deduction) and private scientific (historical, legal comparative, formal juridical, linguistic,
sociological, juridical technical) ones. Based upon on the comparative analysis of Russian choice of law rules in article
1223 of the Civil Code and of the Reglament provisions and subject to the tendencies of conflict-of-law regulation in
the area of unjust enrichment the author has made the following conclusions:
– on necessity of “lex causae condictionis” as the main connecting factor of choice of law rule;
– on addition of article 1223 of the Civil Code by the law of country to which the unjust enrichment obligation is most
closely connected as a subsidiary choice of law rule together with the current choice of law norms;
– on non-possibility of application of traditional approach on the basis of “rigid” connecting factor addressing to the
law of place of unjust enrichment to unjust enrichment cases in the sphere of electronic payments. The most optimal
approach in such cases is to apply the law of most closest connection with a wide range of criteria not only by subject
of relationship, but by place of action or circumstance causing unjust enrichment.
Keywords:
unjust enrichment, tendencies of conflict-of-law regulation, changes of the Civil Code, international private law, choice of law rules, reglament “Rome II”, most closest connection, party autonomy, differentiation of connecting factors, flexibility of choice-of-law regulation.
Reference:
Shram V.P..
The Problems and Perspectives of Republic of
Serbia Affiliation to European Community
// Journal of Foreign Legislation and Comparative Law.
2014. № 5.
P. 846-850.
DOI: 10.7256/1991-3222.2014.5.65896 URL: https://en.nbpublish.com/library_read_article.php?id=65896
Abstract:
The article is devoted to the problems and perspectives of Serbian affiliation to European Community. The author
analyses the problems of European norms and standards implementation to national Serbian legislation. The author underlines
the difficulties of conformation legal definitions of Serbian law with European law. The present article examines the
cooperation of the Republic Serbia and International Tribunal of Yugoslavia and International Court of Justice. The author
speaks about the position of Serbian political administration on the European Community demands for recognition the
Kosovo’s independence. This recognition is the condition, determined by European Community, of Serbian affiliation to EU.
The different methods of cognition were used by the author for this article, such as dialectic, system approach, complex
analysis, comparative law, historical legal and social researches methods. The analysis of problems and perspectives of Serbian
affiliation with the European Union isn’t possible to understand without system analysis of complex of arising relations
and comparative legal analysis of the main trends of integrative processes development. The analysis of social and economic
aspects of modern integration processes if the EU has a significant actuality. The researches of problems and perspectives
of Serbian affiliation with EU form a great scientific and practical interest. The problem of legal norms and standards of EU implementation to the national legislation of Serbia, which is a condition of correlation of Serbian legal system with EU legal
system, should be analyzed also. The problem of Serbian territorial integrity is fundamental because of demand of EU to
recognize Kosovo’s independence as one of conditions of Serbian affiliation with the European Union.
Keywords:
Constitution, European Community, European integration, implementation, international tribunal, International Court of Justice, treatment, European law, territorial integrity, international cooperation.
Reference:
Vlasova N.V., Zaloilo M.V..
Concretization of the Provisions of the EU Directives
in the Legislation of Member States of the EU
// Journal of Foreign Legislation and Comparative Law.
2014. № 5.
P. 851-857.
DOI: 10.7256/1991-3222.2014.5.65897 URL: https://en.nbpublish.com/library_read_article.php?id=65897
Abstract:
The article considers the issues of concretization of legal provisions in the framework of integration associations
(the European Union), that is in harmonization of national law of member States. Authors on the example of the legal
regulation of agency allocate the following options of concretization of Directives in the national legislation of member
States of the EU: the amendments to the existing legal norms of normative legal acts which are currently in force; the
addition of normative legal acts which are currently in force of the new legal norms; the adoption of a new special legal
act in this field. Grounds for concretization of the EU Directive in the national legislation are the following: using in the
Directive phrases «for example», «in particular»; the inclusion in the Directive alternative ways of legal regulation, one of
which member States are obligated to freeze in their legislation; the inclusion in the Directive of the enabling word «may»
that assumes the possibility of establishing additional rules in the national legislation.
A combination of methods of cognition, which amounted to a systematic and dialectical approach, was used in the article.
The authors appealed to the general scientific methods (analysis, synthesis, induction, deduction) and to the speciallylegal
methods of learning: formal-legal, comparative legal, structural and functional.
The authors formulated the following conclusions: by the way of concretization of the Directives in the national regulation
of the member States of the EU a new legal norms are accepted, which supplement and develop the provisions of the
Directive in a given direction in compliance with the prescribed limits, and also the lacunas are filled; there is the responsibility
to obey the limits of concretization of the Directives related to the content of the implementing rules defined by
the object and scope of legal regulation.
Keywords:
legal norm, lawmaking, lacuna, concretization, detailing, amendment, harmonization, Directive, European Union, agency.
Reference:
Privalova V.Y..
Implementation of International Anti-Corruption
Requirements in the Russian Legislation
// Journal of Foreign Legislation and Comparative Law.
2014. № 5.
P. 858-864.
DOI: 10.7256/1991-3222.2014.5.65898 URL: https://en.nbpublish.com/library_read_article.php?id=65898
Abstract:
Subject matter of this study includes the system of international and domestic legal acts governing implementation
of international anti-corruption requirements in the Russian law, tools of the fight against corruption (including legal
executive tools for the corruption prevention in municipal public and governmental bodies), international indexes of the
corruption evaluation, patterns for assessment of the conduct of domestic anti-corruption policy, corruption measurement
standards, achievement of establishing national institution to counter illegal enrichment, as it stems from the UN
Convention against corruption. Among the used methods of the study are comparative law analysis and legal logic’s analysis.
All applied methods together have helped make the research as regards the implementation of international anticorruption
corruption requirements into national law. Additionally, the research is fed by systematic and comprehensive
approach. Scientific novelty of the research is determined by the lack, in legal science, of comparative researches of the
problem of implementation of international anti-corruption requirements into Russian law. The novelty of the research is
also underpinned by comprehensive character of the study: its objective covers not only international but Russian anticorruption
instruments. A conclusion has been drawn over a need to further elaborating the problem taking into account
foreign best practice relating to the working out of a special index of corruption perception, especially in governmental
bodies, and to align domestic anti-corruption terminology to international anti-corruption instruments.
Keywords:
Anti-corruption requirements, International anti-corruption standards, Implementation, Parliamentary immunity, Responsibility, Corruption Evaluation Index, Fighting against corruption, Corruption Prevention, Co-operation, Corruption Measurement.
Reference:
Lukyanova V.Y..
Legal Status of Eurasian Economic Commission
// Journal of Foreign Legislation and Comparative Law.
2014. № 5.
P. 865-875.
DOI: 10.7256/1991-3222.2014.5.65899 URL: https://en.nbpublish.com/library_read_article.php?id=65899
Abstract:
The article is devoted to the change of the legal status of the Eurasian Economic Commission (hereinafter – EEC)
in connection with the entry into force of the Treaty on the Eurasian Economic Union. After analyzing of modern legal
science approaches to the study of the legal status of collective subjects, the author came to the conclusion about the
need to explore of its three elements: the target, the structure and organization and competency. According to this logic,
the article explores the purpose of functioning of the Eurasian Economic Commission, its structure, functions and powers
established by the Regulation on the Eurasian Economic Commission and other rules of the Treaty on the Eurasian Economic Union of May 29, 2014. In the study of the EEC structure the main attention is focused on the characterization
of the legal status of international officials, which have members of the EEC Board, as well as officers and employees of its
departments, to ensure the supranational nature of the activities of EEC and its independence.
In the framework of the research of competency component of the legal status of EEC, author identified and analyzed
several categories of the Commission's functions and powers. Its powers to ensure the performance of international
agreements of the Eurasian Economic Union and other international legal instruments which formed the Union law, the
authority to ensure the activity of Union and its administration bodies, as well as the authority to make regulations.
A lot of attention is paid to the learning of normative functions change of EEC in connection with the entry into force of
the Treaty on the Eurasian Economic Union. Types of acts, adopted by the Eurasian Economic Commission, as well as the
provisions of the constitutions of states – members of the Eurasian Economic Union, establishing the principles of normative
legal acts duration which form the role and place of the legally binding EEC decisions in the national legal system are
investigated. Suggestions and recommendations aimed at enhancing of the efficiency of EEC conferred powers, based on
the analysis of existing international legal and domestic regulatory and legal framework are given.
Keywords:
Eurasian Economic Union, Eurasian Economic Commission, legal status, competence, Permanent supranational regulatory body of the Eurasian Economic Union.
Reference:
Lafitsky V.I., Kashirkina A.A,, Morozov A.N..
Draft of the Convention of the United Nations on
Prevention and Liquidation of Consequences of
Technogenic and Natural Catastrophes
// Journal of Foreign Legislation and Comparative Law.
2014. № 5.
P. 876-883.
DOI: 10.7256/1991-3222.2014.5.65900 URL: https://en.nbpublish.com/library_read_article.php?id=65900
Abstract:
Draft Convention of the United Nations on Prevention and Liquidation of Consequences of Technogenic and Natural
Catastrophes was elaborated by V.I. Lafitsky, А.А. Каshirkina, А.N. Morozov within the frame of the scientific research work
fulfilled by the Institute of Legislation and Comparative Law under the Russian Federation Government upon the request of
the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters
with the aim of to improve normative legal provision of actions aimed at prevention and liquidation of emergencies.
The project of the Convention of the United Nations on Prevention and Liquidation of Consequences of Technogenic and
Natural Catastrophes is intended to fill a gap in the universal international legal regulation of such issues as the principles
of cooperation between states in the field of prevention and liquidation of consequences of technogenic and natural
catastrophes,the interaction in such situations of the competent authorities, procedure for the exchange of information,
rights and obligations of the state who receive and send aid, procedure for submitting requests for assistance, and others.
A special place in the draft UN Convention is allocated to measures to enhance the capacity of disaster, technogenic catastrophes
prevention and liquidation of its consequences at both the national level and at the international level with the
potential of not only public but private spheres.
The draft is based on the universally recognized principles of international law, including the principles of sovereign equality
and territorial integrity of states, the principle of non-interference in the internal affairs of other states, the principle
of respect and protection of human rights and freedoms.
Keywords:
draft Convention, the United Nations, technogenic and natural disasters, emergencies, prevention and liquidation of disasters, competent authorities, states-parties, international cooperation, civil defense, safety of the public.
Reference:
Morozov A.N..
Implementation of the Eurasian Economic
Commission Decisions
in legal Systems of Member States
of the Custom Union
// Journal of Foreign Legislation and Comparative Law.
2013. № 4.
P. 664-670.
DOI: 10.7256/1991-3222.2013.4.63591 URL: https://en.nbpublish.com/library_read_article.php?id=63591
Abstract:
The article deals with the implementation of the decisions of the Eurasian Economic Commission in the legal
systems of the Customs Union. The author analyzes the law and practice of the international obligations of States arising
from the decisions of the Eurasian Economic Commission. Suggestions and recommendations for improving the implementation
of decisions of the Eurasian Economic Commission based on analysis of the current international legal and domestic
regulatory framework, as well as contemporary legal doctrine are made in the article.
Keywords:
Eurasian Economic Commission, the Customs Union, integration, solutions, legal system, international obligations.
Reference:
Lukyanova V.Y., Plyugina I.V..
Effect of WTO Rules on the Formation
of Technical Regulation System
in Eurasian Region
// Journal of Foreign Legislation and Comparative Law.
2013. № 4.
P. 671-681.
DOI: 10.7256/1991-3222.2013.4.63592 URL: https://en.nbpublish.com/library_read_article.php?id=63592
Abstract:
In recent decades the development of nearly all countries of the world community is marked by two different
directions and at the same time complementary trends — globalization and regionalization. Both of these processes
are inextricably connected with the legal integration of the participating countries, as they require the creation of
a single (integral) legal framework for the development of integration processes and the interaction of the subjects
of integration. However, the «layering» of regulatory impact of international instruments of various kinds and levels,
often leads to their inconsistent and sometimes contradictory, which significantly reduces the efficiency of the
integration process. For the new independent states realization of marked trends is the entry into the World Trade
Organization, on the one hand, and the intensification of inter-state integration in the Eurasian space — on the other.
The questions of «coexistence» and the principles of the interaction of the World Trade Organization (WTO) and
regional integration entities, as well as the impact of WTO law, including the Agreement on Technical Barriers to
Trade, on the formation of technical regulation systems in alliances of international economic integration, operating
in Eurasia are discussed.
Keywords:
World Trade Organization, the Eurasian Economic Community, the Customs Union of the Eurasian Economic Community, technical barriers in trade, technical regulations, standards, international standard.
Reference:
Kopylov M.N., Kopylov S.M..
Instruction on Use
of the Strategic Environmental Assessment
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 271-278.
DOI: 10.7256/1991-3222.2013.2.62847 URL: https://en.nbpublish.com/library_read_article.php?id=62847
Abstract:
The article deals with the legal aspects of the strategic environmental assessment (SEA). On the bases of the analyzes
of the 2003 Kiev Protocol on strategic environmental assessment advantages of this procedure are disclosed if compared
with the procedure of environmental impact assessment. The main stages of the procedure of strategic environmental
assessment are shown. Peculiarities of transboundary consultations and the importance of monitoring stage are identified.
The EU Directive 2001/42/EC on strategic environmental assessment is analyzed as an example of regional mechanism of
strategic environmental assessment. It is concluded that the codification of international legal rules, regulating SEA started
in the twenty-first century.
Keywords:
international environmental law; strategic environmental assessment (SEA); environmental impact asse
Reference:
Avkhadeev V.R..
Russian-Norwegian Agreements about Delimitation
of Maritime Areas in the Arctic:
Modern Problems of Realization
and Development Prospects
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 279-286.
DOI: 10.7256/1991-3222.2013.2.62848 URL: https://en.nbpublish.com/library_read_article.php?id=62848
Abstract:
In this article actual problems of implementation of the Russian-Norwegian agreements concerning differentiation
of territorial jurisdiction in the Arctic region are considered. The analysis is carried out on basic provisions of
the Spitsbergen treaty 1920, Agreements of the USSR and Norway on the mutual relations in the field of fishery of 1976,
the Agreement between the Government of the Russian Federation, the Government of the Republic of Iceland and the Government of the Kingdom of Norway concerning some aspects of cooperation in the field of fishery, of May 15, 1999 and
the Treaty between the Russian Federation and the Kingdom of Norway on the Maritime Delimitation and Cooperation in
the Barents Sea and the Arctic Ocean (with «Fishery questions», «Cross-border fields of hydrocarbons») 2010, and also —
according to the conclusions of committees of the State Duma of Federal Assembly of the Russian Federation on the issue
of ratification of the Treaty of 2010. The author draws a conclusion about need to revise the Treaty between the Russian
Federation and the Kingdom of Norway on the Maritime Delimitation and Cooperation in the Barents Sea and the Arctic
Ocean of September 15, 2010 and to give it according to earlier concluded international agreements, and also — taking
into account interests of Russia is drawn.
Keywords:
Russian-Norwegian agreements, Legal Regime of Maritime Areas, delimitation, Arctic, Spitsbergen.
Reference:
Pimenova O.I..
Subsidiarity as a Principle of the Exercise
of Joint Competences of the European Union
and its Member States:
on the Example of Tax Legislative Regulation
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 287-297.
DOI: 10.7256/1991-3222.2013.2.62849 URL: https://en.nbpublish.com/library_read_article.php?id=62849
Abstract:
Theauthor uses an example of tax legislative regulation to analyze the role and place of subsidiarity principle
in the mechanism of supranational legislative regulation of relations associated with joint competences of the European
Union and its member states in the present article. The author claims that despite the flexible and mild nature of regulation
under the subsidiarity principle, this concept envisages rigorous control over the execution of legislative prerogative
powers of supranational institutions of the European Union. For this reason, the article is focused on the development of
methodological basis of exercise of general legislative activities in a multilevel structure. European Union directives in
the area of direct taxation may be considered as an example of how the subsidiarity principle has been put into practice by
member states when supranational institutions perform only those tasks which are crucial for the creation and maintenance
of a single domestic market in the European Union.
Keywords:
subsidiarity, proportionality, European Union, joint competence, domestic market, taxation, directive, harmonization.
Reference:
Osminin B.I..
Resolving Conflicts between Domestic Law
and International Treaties
// Journal of Foreign Legislation and Comparative Law.
2013. № 1.
P. 114-123.
DOI: 10.7256/1991-3222.2013.1.62564 URL: https://en.nbpublish.com/library_read_article.php?id=62564
Abstract:
The principles of free consent and of good faith as well as the pacta sunt servanda rule are universally recognized.
States must ensure that their national legal framework permits them to meet their international treaty obligations.
In the case of a conflict between the domestic law and an international treaty, it is the domestic law, which needs to be reconsidered,
not the international treaty. The presence or absence of a particular provision within the legal framework of
a state cannot be used as an argument to evade an international treaty obligation. In this regard Article 27 of the Vienna
Convention on the Law of Treaties provides that “A party may not invoke the provisions of its internal law as justification
for its failure to perform a treaty”.
Keywords:
principle pacta sunt servanda, internal law and observance of treaties, a conflict between a statute and a treaty, the place of international treaties in internal law, the supremacy of treaties over domestic law, the rank of a treaty within domestic legal system, a rank equal to ordinary statutes, to take precedence over statutes, the “later-in-time” rule, to apply the treaty as lex specialis.
Reference:
U. Klinke.
Development of the Jurisdiction
of the Court of the European Union
// Journal of Foreign Legislation and Comparative Law.
2012. № 6.
P. 57-69.
DOI: 10.7256/1991-3222.2012.6.62017 URL: https://en.nbpublish.com/library_read_article.php?id=62017
Abstract:
This article deals with the future evolution of the architecture of the European Court of Justice (ECJ) and the
General Court (formerly known as Court of first instance) in connection with the increasing workload of the General Court
and the forthcoming accession of the European Union to the European Convention for the Protection of Human Rights
and Fundamental Freedoms of 1950. Proposals to reduce the congestion of General Court by increasing the number of
judges of the General Court and by creating a specialized Trademark Court are analyzed. Problems in the relationship of
the Court of Justice and the European Court of Human Rights, which will arise from the accession of the European Union
to the European Convention for the Protection of Human Rights and Fundamental Freedoms are described.
Keywords:
European Court of Justice (ECJ), General Court, evolution of the architecture of the EU courts, judicial remedies, European Court of Human Rights.
Reference:
Yumashev Yu. M..
“The Development of the” European Idea
“after the First World War: from” Pan-Europe”
of R. Coudenhov — Kalergi to ‘Neo-Functionalism’
of E. Haas and Interstate Theory of Integration
of A. Moravchik
// Journal of Foreign Legislation and Comparative Law.
2012. № 6.
P. 70-82.
DOI: 10.7256/1991-3222.2012.6.62018 URL: https://en.nbpublish.com/library_read_article.php?id=62018
Abstract:
The article traces the evolution of the «European» idea from the First World War to the present day. The doctrinal
views and concepts of Coudenhov-Kalergi, A. Brian, W. Morgenthau, D. Mitrani, J. Monnet, E. Haas, A. Moravchik, and
others, determined the development of the modern European Union are analyzed.
Keywords:
The League of Nations, the European Union, «European» idea, the doctrine of European unification, R. Coudenhov-Kalergi, A. Brian, W. Morgenthau, D. Mitrani, J.Monnet, E. Haas, A. Moravcsik.
Reference:
S.Y. Kashkin.
History, Principles, Directions
of the Implementation and Perspectives
of Legal Regulation EU Regional Policy
// Journal of Foreign Legislation and Comparative Law.
2012. № 6.
P. 83-98.
DOI: 10.7256/1991-3222.2012.6.62019 URL: https://en.nbpublish.com/library_read_article.php?id=62019
Abstract:
The article discusses the history of formation of regional policy in the EU. The author proves that from the first
steps of European integration the Union has paid serious attention to regional policy aimed at eliminating disparities
among regions, balanced development and equal opportunities throughout the united Europe territory. Legal regulations
and mechanisms of EU regional policy are considered. Special attention is paid to the key directions of the EU regional
policy realization at the present stage. The role of the Council of Europe in the development of cross-border regionalism is
examined. The directions of the EU regional policy development in the years 2014-2020 are shown.
Keywords:
European Union, regional policy, coordination of cooperation between regions, European integration, crossborder regionalism, regionalism, supranational, international organization.
Reference:
Zhavoronkov R.N..
UN Convention on the Rights
of Person with Disabilities:
the Critical Analysis
// Journal of Foreign Legislation and Comparative Law.
2012. № 5.
P. 102-112.
DOI: 10.7256/1991-3222.2012.5.61691 URL: https://en.nbpublish.com/library_read_article.php?id=61691
Keywords:
invalid, reabilitatsiya, mezhdunarodnoe pravo, prava cheloveka, analiz, rebenok-invalid, kritika.
Reference:
Akimov A.A..
Interrelation of the Notions “Continental Shelf”
and “Exclusive Economic Zone” on the Instance
of the North Sea
// Journal of Foreign Legislation and Comparative Law.
2012. № 5.
P. 113-122.
DOI: 10.7256/1991-3222.2012.5.61692 URL: https://en.nbpublish.com/library_read_article.php?id=61692
Keywords:
suverennye prava, yurisdiktsiya.
Reference:
Osminin B.I..
Reservations, Understandings and Declarations
in Treaty Practice of the USA
// Journal of Foreign Legislation and Comparative Law.
2012. № 4.
P. 109-119.
DOI: 10.7256/1991-3222.2012.4.61476 URL: https://en.nbpublish.com/library_read_article.php?id=61476
Abstract:
The United States characteristically exempts itself from specific treaty provisions by attaching reservations,
understandings and reservations (“RUDs”) to the treaty’s ratification. The article examines the legal effects
of RUDs under international law and municipal law of the United States. RUDs are designed to harmonize the treaties
with existing requirements of U.S. law and to leave domestic implementation of the treaties to Congress. The
article takes into account the guidelines constituting the Guide to Practice on Reservations to treaties, adopted by the International Law Commission in 2011. The Guide to Practice highlights reservations and interpretative declarations.
Unilateral statements which are not reservations nor interpretative declarations do not come under the
law of international treaties.
Keywords:
reservation, understanding, declaration, amendment, interpretative declaration, conditional interpretative declaration, valid reservation, invalid reservation, express understanding, shared understanding, implied understanding, presumption of severance.
Reference:
Samovich Y.V..
Legal Effect of Regulations
of the European Court
of Justice on Human Rights in the Sphere
of Civil Rights and Duties Definition
// Journal of Foreign Legislation and Comparative Law.
2012. № 4.
P. 120-125.
DOI: 10.7256/1991-3222.2012.4.61477 URL: https://en.nbpublish.com/library_read_article.php?id=61477
Abstract:
The aim of the article is to analyze the legal positions of “autonomous interpretation” that are contained in the
regulations of the European Court of Justice on human rights in the scope of civil rights and duties definition, which are
the reasons for a reference to the court in compliance with article 6 of the European Convention on human rights. The
issues are considered on compliance of civil legislation in Russia to the practice of the European Court; the practice of
the courts in the Russian Federation is estimated. Resume is based on the precedent-related practice of the Court that is
still in the process of constant development and improvement. The research result allows to reveal the list of reasons of
references to the court, to broaden the scope of individual reference to the court for the purpose of protection their civil
rights, and to bring a number of issues of public character into the category of “private interest” and to determine the
criteria of such division.
Keywords:
civil, rights, duties, reference, court, European, the Court, definition, legal, effect.
Reference:
Ispolinov A.S..
Practice of the ECHR in Respect
of the European Union: Some Lessons
for the Eurasian Economic Community
// Journal of Foreign Legislation and Comparative Law.
2012. № 3.
P. 108-118.
DOI: 10.7256/1991-3222.2012.3.61326 URL: https://en.nbpublish.com/library_read_article.php?id=61326
Abstract:
This article deals with the issue of the gradual recognition of ECHR jurisdiction in relation to acts and
actions, and EU. This article discusses the history of the relationship of the ECHR and the EU Court of Justice in
this process, as well as the possibility of using this experience in the development of the EurAsEC documents.
Keywords:
ECHR, the European Union, human rights, the Eurasian Economic Community, EurAsEC Court.
Reference:
Shram V.P..
Implementation of Legal Norms
of the European Union into the Legislation
of the Republic of Croatia
// Journal of Foreign Legislation and Comparative Law.
2012. № 3.
P. 119-123.
DOI: 10.7256/1991-3222.2012.3.61327 URL: https://en.nbpublish.com/library_read_article.php?id=61327
Abstract:
Implementation of legal norms and standards of the European Union into the legislation of the Republic
of Croatia is described in this article. Particular consideration is given to the correlation of legal norms of the
European Union with national legislation of Croatia.
Keywords:
implementation, international law, national legislation, constitution, human rights.
Reference:
Salenko A.V..
European Space of Research and Education:
Legal Aspects of the University Reform in Finland
// Journal of Foreign Legislation and Comparative Law.
2012. № 3.
P. 124-132.
DOI: 10.7256/1991-3222.2012.3.61328 URL: https://en.nbpublish.com/library_read_article.php?id=61328
Abstract:
The article is devoted to the examination of the content of the University Reform in Finland started on 1
January 2010. The author in detail scrutinizes the national legislation of Finland regarding the University Reform.
The focus point of the research is on the main provisions of the University Reform in Finland, its historical reasons
and modern outcomes. Based on the comparative research the author is providing the recommendations concerning
the modernization of universities in Russia.
Keywords:
university reform, education &research, Finland.
Reference:
B.I. Osminin.
Participation of the Parliament
in Decision–Making on the Consent of a State
to Be Bound by International Treaties
(comparative–legal analysis)
// Journal of Foreign Legislation and Comparative Law.
2012. № 1.
P. 84-95.
DOI: 10.7256/1991-3222.2012.1.59359 URL: https://en.nbpublish.com/library_read_article.php?id=59359
Abstract:
The article is devoted to the role of the parliaments of various countries in the decision–making on the consent
to be bound by international treaties.
In many states parliamentary approval is legally binding for the conclusion of the most important international treaties.
Parliamentary approval increasingly has become a precondition for the internal effect of international treaties.
In some countries (the United Kingdom, Australia, Canada) parliamentary approval is not legally necessary for the adoption
of the international treaty obligations. The absence of disapproval of parliament is considered to be sufficient for the
adoption of a decision on the ratification of the treaty.
Keywords:
parliamentary approval of international treaties, parliamentary scrutiny, express approval, tacit approval, the absence of disapproval, Ponsonby Rule, “treaties”, congressional–executive agreements, executive agreements pursuant to treaties, presidential (sole) executive agreements.
Reference:
S.N. Yaryshev.
International Legal Issues
of Energy Supply Governing
of the Unified Economic Area
// Journal of Foreign Legislation and Comparative Law.
2012. № 1.
P. 96-103.
DOI: 10.7256/1991-3222.2012.1.59360 URL: https://en.nbpublish.com/library_read_article.php?id=59360
Abstract:
The article contains the analysis of common and special legal issues relating to energy supply of the Unified
Economic Area (UEA). The peculiar stages and directions of introduction in the UEA of the system of its energy supply,
governing and international–legal forms of such procedure are defined.
Keywords:
Unified Economic Area, international law, cooperation, integration, governing, energy policy, energy diplomacy, transit state, the Energy Charter.
Reference:
N.N.Emelyanova.
Space Security as a New Element
of International Security
// Journal of Foreign Legislation and Comparative Law.
2012. № 1.
P. 104-113.
DOI: 10.7256/1991-3222.2012.1.59361 URL: https://en.nbpublish.com/library_read_article.php?id=59361
Abstract:
Although the national security remains today a major for peace and stability, recognition of the need for an expanded
security paradigm is growing. today, the concept of international security includes military, political, environmental, information,
food and other forms of security. Since the end of the first decade of the XXI century the scientific community began to
talk about a new element of international security — the space security. The goal of space security should consist of providing
and supporting freedom of exploring and using outer space for everyone. Today we are faced with many challenges to space
security, including the orbital density of satellites, space debris, the use of nuclear energy, the effects of space weather and, of
course, possible use of space weapons. The absence of the international space security also brings an effect of uncertainty. In
general, all nations of the world are interested in the maintenance of international space security.
Keywords:
international security, space security, the Conference on Disarmament, the militarization of space, the draft treaty on the prevention of the weaponization of outer space, nuclear energy, international space organization, space debris, draft Code of Conduct for outer space activities.
Reference:
O.S. Skakun.
Aspects of Correlation between the Convention
of October 19, 1996 on Jurisdiction, Applicable Law,
Recognition, Enforcement and Co-operation in respect
of Parental Responsibility and Measures for the Protection
of Children with Russian Legislation
// Journal of Foreign Legislation and Comparative Law.
2011. № 6.
P. 108-119.
DOI: 10.7256/1991-3222.2011.6.59146 URL: https://en.nbpublish.com/library_read_article.php?id=59146
Abstract:
The article deals with current ways of solving issues related to the exercise of parental rights at the family
disruption which have a foreign element. It assesses the possibility of the settlement of such situations through accession
to multilateral treaties, in particular, to the Hague Convention of October 19, 1996. The article provides an analysis of
the Convention for the compliance with Russian law. In the conclusion it estimates the suitability of the accession and
potential issues which might arise on the implementation of its provisions.
Keywords:
Hague Convention of 1996, family law, relationship between parents and children, protection of the rights of child, parental rights, parental responsibility, best interests of the child, child’s habitual residence, custody, international child abduction.
Reference:
M.N. Kopylov, E.R. Basyrova.
A Glimpse at «Debt–for–Nature Swaps» in the Light
of the Principle of Permanent Sovereignty
of States Over their Natural Resources
// Journal of Foreign Legislation and Comparative Law.
2011. № 5.
P. 112-119.
DOI: 10.7256/1991-3222.2011.5.58927 URL: https://en.nbpublish.com/library_read_article.php?id=58927
Abstract:
This paper analyzes «Debt–for–Nature Swaps» concluded by the states of North America, Latin America,
Europe, Africa and Southeast Asia. The characteristic features of three types of «Debt–for–Nature Swaps»: commercial
or three–party, bilateral and multilateral — are examined. The legal content of the principle of permanent
sovereignty of states over their natural resources is explained and it is concluded that «Debt–for–Nature Swaps»,
not only do not contradict this principle, but on the contrary, contribute to its implementation in practice. The ways,
suggested by the authors, how further improve «Debt–for–Nature Swaps» include, inter alia, the spread of their application
to the spheres of sanitation, water supply, infrastructure development, the mechanisms of combating global
climate change.
Keywords:
Debt–for–Nature Swap; World Wildlife Fund; principle of permanent sovereignty of states over their n
Reference:
A.A. Kashirkina, A.N. Morozov.
Scopes of International Legal Regulation
and Development of Integration Processes
in the Post–Soviet Space
// Journal of Foreign Legislation and Comparative Law.
2011. № 5.
P. 120-125.
DOI: 10.7256/1991-3222.2011.5.58928 URL: https://en.nbpublish.com/library_read_article.php?id=58928
Abstract:
The article concerns issues related to scopes of international legal regulation in connection with development of
integration process in the post–soviet space. It is observed that in the conditions of globalization international and municipal
law are closely related and exert mutual impact on each other. International law trends of interstate integration on post–soviet
space are analyzed on the example of the Eurasian Economic Community and the Customs Union. The article discovers
factors impacting interaction of international and municipal law and thereafter influencing the scopes of international legal
regulation. Some aspects of cooperation within the framework of the European Union are indicated which may be used for
the development of integration processes in the Eurasian Economic Community and the Customs Union.
Keywords:
international law, integration, interstate associations, the Customs Union, European Union, interaction.
Reference:
Rafalyuk E.E..
Role of International Courts of Latin America in Unification of Law
// Journal of Foreign Legislation and Comparative Law.
2011. № 4.
P. 102-111.
DOI: 10.7256/1991-3222.2011.4.58801 URL: https://en.nbpublish.com/library_read_article.php?id=58801
Abstract:
In the article describes the competence of international courts of Latin America and the impact of court’s decisions
on the formation of the unified legal space of inter–state unions. A conclusion on the possible use of international
experience in reforming of international courts in the former Soviet space.
Keywords:
unification, court decision, integration, inter–state union, supranational, legal space, international economic turnover, international court, interpretation of law
Reference:
Surjin A.S..
Pipelines Transportation in the Black Sea: International Legal Aspects
// Journal of Foreign Legislation and Comparative Law.
2011. № 4.
P. 112-118.
DOI: 10.7256/1991-3222.2011.4.58802 URL: https://en.nbpublish.com/library_read_article.php?id=58802
Abstract:
The article considers issues of international legal regulation of laying and operating of pipelines in the Black
Sea in accordance with the provisions of the treaty of universal character in the field of the law of the sea — the UN Convention on the Law of the Sea 1982(UNCLOS), provides an overview of existing and planned construction projects
of pipelines in the present sea space.
Keywords:
maritime law; the Black Sea; the United Nations Convention for maritime law; right to lay cables and
Reference:
Todorov A.A..
Comparative Legal Description of Piracy under Modern Russian and Foreign Legislation
// Journal of Foreign Legislation and Comparative Law.
2011. № 4.
P. 119-128.
DOI: 10.7256/1991-3222.2011.4.58803 URL: https://en.nbpublish.com/library_read_article.php?id=58803
Abstract:
The article contains analysis of the crime of piracy under criminal laws of foreign countries as well as its
comparison to the Russian Criminal Code norm, defining piracy. The author provides a comparison of the objective and
subjective elements of the corpus delicti of piracy, set forth in international agreements, related legal acts of foreign states
and in the Criminal Code of Russia. The issue of locus delicti is studied individually. On the basis of the comparison
results the author gives an assessment of the Russian piracy–law and draw a conclusion that piracy becomes an issue of
national interest more and more rather than of the field of the international law and that the current version of Art.227 of
the Russian Criminal Code is “viable” as compared to the relevant anti–piracy norms of foreign legislations.
Keywords:
piracy, Art.227 of the Russian Criminal Code, high seas, territorial sea, legislation of foreign countries
Reference:
B.I. Osminin.
Procedure of the Conclusion of Treaties
and Other International Agreements
by the United States of America
// Journal of Foreign Legislation and Comparative Law.
2011. № 2.
P. 109-118.
DOI: 10.7256/1991-3222.2011.2.58601 URL: https://en.nbpublish.com/library_read_article.php?id=58601
Abstract:
The article is devoted to the domestic legal procedures governing the conclusion of treaties and other international
agreements by the United States. Entering into international obligations can be effected by two means: by conclusion
of treaties and of executive agreements.
In accordance with the Constitution treaties concluded by the United States require the approval of two–thirds of the senators
present. The Senate plays a major role in the treaty–making process requiring amendments, reservations, understandings,
declarations as a condition of their approval. The President is not obliged to ratify treaties, but enjoys discretion.
U.S. practice also provides certain alternative procedures. The Congress may delegate to the President the authority to
conclude executive agreement or such an agreement may be submitted to the Congress for approval (congressional–executive
agreements) or be concluded on the basis of an earlier treaty ratified with the advice and consent of the Senate
(agreements pursuant to treaties). The President can also conclude executive agreements without any participation of the
Congress by virtue of his own constitutional authorities (presidential or sole executive agreements).
Keywords:
The article is devoted to the domestic legal procedures governing the conclusion of treaties and oth, reservations, understandings, declarations as a condition of their approval. The President is not obliged to ratify treaties, but enjoys discretion. U.S. practice also provides certain alternative procedures. The Congress may
Reference:
O.M. Torshina.
New Consular Charter and Consular Relations
of the Russian Federation Including the Problems
of Legal Regulation of the Institute
of Honorary Consuls.
// Journal of Foreign Legislation and Comparative Law.
2011. № 2.
P. 119-124.
DOI: 10.7256/1991-3222.2011.2.58602 URL: https://en.nbpublish.com/library_read_article.php?id=58602
Abstract:
The article is devoted to some key historical moments of development of consular service. Over the last years,
changes of the character and content of international relations have been invariably impacting consular relations between
states, correcting modern consular law and its principles. Russia has not only actively expanded consular relations
but also enlarged functions of consular posts, maintaining that consular posts could carry out diplomatic functions under
certain conditions. There is also a process of implementation of legal base of the russian consular service.
In some countries the consular service is obliged by their successes substantially to honorary consuls because they make
the overwhelming majority in that service. Considering the special importance of that institute now, it is necessary to provide
a maximum of possibilities for unobstructed realization of consular functions of the honorary consul and, thereupon,
to make some additions in international law and Russian legislation.
Keywords:
consular law; consular relations; consular post; consular privileges and immunities; consular servic
Reference:
Malisheva N. R..
Outer Space as a Priority of European Policy and European Law.
// Journal of Foreign Legislation and Comparative Law.
2010. № 5.
DOI: 10.7256/1991-3222.2010.5.57765 URL: https://en.nbpublish.com/library_read_article.php?id=57765
Abstract:
The article is devoted to the current tendencies in the development of European space policy, to its reflections in the law as well as to the role and place of three main actors: European Space Agency, European Union and Member States of both integrating structures in this process. The conclusion about Outer Space as a priority of contemporary European policy is made. The main target of this policy is a strengthening of European leadership in exploration and use of outer space.
Keywords:
Comparative law. Space activities. Outer space. Space policy. International Space Law. National Spac
Reference:
Ostapenko E.I..
Arctic Passages: Aspects of Legal Regime
// Journal of Foreign Legislation and Comparative Law.
2010. № 3.
DOI: 10.7256/1991-3222.2010.3.57551 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
Reference:
Artemov V.Yu..
Islam and Problem of Family Violence
// Journal of Foreign Legislation and Comparative Law.
2010. № 2.
DOI: 10.7256/1991-3222.2010.2.57424 URL: https://en.nbpublish.com/library_read_article.php?id=57424
Abstract:
The article deals with the problem of family violence in muslim countries, the teaching of sharia on this matter and the present situation. The author uses the sources of islam: the Koran and hadithes, modern statistics and the data of special researches
Keywords:
family violence, islam, Koran, victims of violence, sharia, wives, women, family, corporal punishment
Reference:
Timoshenko I.G, Kasatkina N.M., Treschetenkova N.Yu., Leschenkov F.A., Kichigin N.V..
Ecological Audit in Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2010. № 2.
DOI: 10.7256/1991-3222.2010.2.57425 URL: https://en.nbpublish.com/library_read_article.php?id=57425
Abstract:
This volume is represented as a comparative analyze of a special instrument of ecological control — ecological audit. The volume is composed of five chapters, three of them are devoted to detail research of legal base and practice of application of ecological audit in certain foreign countries. Comparative analyze is based on the concept of accurate research of system of ecological audit in countries of European Community, Australia and New Zealand. The volume would be of interest for scientists, that are engaged in sphere of comparative jurisprudence, ecological, state and administrative legislation
Keywords:
comparative analyze, ecological control, ecological audit, European Community, Australia, New Zealand
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.
DOI: 10.7256/1991-3222.2010.1.57408 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
Reference:
T.A. Zulfugarzade, M.A. Khataeva.
Modern Approaches to International Regulation Influence of Nanotechnology on Health, Safety and Environment
// Journal of Foreign Legislation and Comparative Law.
2009. № 4.
DOI: 10.7256/1991-3222.2009.4.57497 URL: https://en.nbpublish.com/library_read_article.php?id=57497
Abstract:
The work investigates the basic perspective directions of legal support nanotechnology in modern conditions of the nanotechnology industry, whose products have a serious impact on the lives and health of people and the environment. The possible ways to regulate issues of human security and the environment in international law and national legislative level, the industrialized countries, developing nanotechnology industry are offered.
Keywords:
legal security of nanospheres, conceptual approaches to international legal regulation of nanotechnology, providing the legal production and distribution of nanomaterials, nanoproduction, nanotech, «Nanoformat»
Reference:
D.A. Kobylyatsky.
International legal protection of scientific works: historical and legal aspect
// Journal of Foreign Legislation and Comparative Law.
2009. № 4.
DOI: 10.7256/1991-3222.2009.4.57498 URL: https://en.nbpublish.com/library_read_article.php?id=57498
Abstract:
This article describes the process of formation and development of international legal protection of scientific works in the emitted by the author aspect of inconsistencies essence of scientific works, literature and art and provided dimension of legal protection. A retrospective is given — since the achievement of the first inter–state agreements in the
151
Annnotations of articles and materials, key words
sphere of intellectual property. The object of investigation is bilateral treaties and multilateral international legal treaties. The history of the development of the Berne Convention, the World Copyright Convention is also described. Particular attention is paid to balancing the interests of holders of property rights to scientific works and users from developing countries
Keywords:
comparative law, international law, work, science, volume retrospective of the agreement, the property, the balance
Reference:
E.N. Popova.
Activity of the International Labour Organization in the Sphere of Guaranty of the Right to decent work of People with Disabilities
// Journal of Foreign Legislation and Comparative Law.
2009. № 4.
DOI: 10.7256/1991-3222.2009.4.57499 URL: https://en.nbpublish.com/library_read_article.php?id=57499
Abstract:
This article highlights the immediate problem of guaranty of people’s with disabilities right on decent work. The activity of the International Labour Organization should help forward on solving of this problem. The International Labour Organization is the first international organization which began pays attention to the problems of the right protection of people with disabilities. This article denotes the role of the International Labour Organization in the sphere of the increasing of people with disabilities life, highlights the basis stages of rule–making of the International Labour Organization in this sphere. According to the results of the research author comes to conclusion about necessity of perfection of the labour rights protection system of people with disabilities which represented in the International Labour Organization.
Keywords:
comparative law, right on decent work, the International Labour Organization, people with disabilities, discrimination, equality of the abilities, employment, human rights, employees with disabilities, professional rehabilitation
Reference:
Fake F.F..
International Law and Simplification of “Formalities” in the Sphere of Tourism
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.57011 URL: https://en.nbpublish.com/library_read_article.php?id=57011
Abstract:
Article aims to address pressing issues of legal regulation of relations connected with ensuring security and facilitation in the field of tourism. Research subjects acts of international law, of the World Tourism Organization. The publication gives a general description of international instruments regulating questions of formality in the field of tourism, as well as identifying possible prospects of public policy in the facilitation of tourism formalities
Keywords:
international law, security, tourism, facilitation of tourism, World Tourism Organization
Reference:
INSHAKOVA А.O..
Harmonization of Corporative Regulations in the Russian Federation with the Principles of Code for Best Practices of the OECD
// Journal of Foreign Legislation and Comparative Law.
2009. № 2.
DOI: 10.7256/1991-3222.2009.2.56895 URL: https://en.nbpublish.com/library_read_article.php?id=56895
Abstract:
Considering globalization process in the world economy, on the one hand, and the growth of regional and economic integrational intergovernmental unions, on the other hand, as two basic tendencies in modern economic development, the author studies formation of legal issues in corporate relations and corporate governance by means of different standards worked out by international organizations of special competence.
This level of corporate rights unification and harmonization the author describes as a priority and studies it on the example of Best Practices principles by the Organization for Economic Co-operation and Development (OECD) which are important for any system of corporate governance. A number of fundamental principles mentioned in the document, such as shareholders’ rights and formation of governing body in a joint-stock company, the author compares to the provisions of current corporate regulation in Russia.
Key words: economic integration, intergovernmental integrational unions, unification of corporate regulation, international organizations of special competence, Organization for Economic Co-operation and Development, Best Practices by OECD, Code of Corporate Conduct of the RF, corporate governance, shareholders’ rights protection, state corporations, independent directors, shareholders’ registry, fractional shares Contact the author:
Phone:
89265282387
Reference:
Ivanov D.O..
Significance of the Practice of the European Court of Justice regarding Profit Taxation
// Journal of Foreign Legislation and Comparative Law.
2009. № 2.
DOI: 10.7256/1991-3222.2009.2.56896 URL: https://en.nbpublish.com/library_read_article.php?id=56896
Abstract:
The author analyses the significance of the practice of the European Court of Justice for the integration of direct taxation in the EU member states. The article describes the decision-making process of the European Court of Justice in direct taxation cases, as well as possible implications of the judgments of the European Court of Justice for the EU member states, the common market and for taxpayers from third countries.
Key words: tax law, tax law of the EU, negative integration, integration of taxation, income tax, Court of the EU, decisions of the Court of the EU, practice of the Court of the EU, taxes of the EU, taxation of companies
Reference:
Nanba S.B..
Legislative Foundations of Establishment of Competence of Local Authorities in Spain
// Journal of Foreign Legislation and Comparative Law.
2009. № 2.
DOI: 10.7256/1991-3222.2009.2.56897 URL: https://en.nbpublish.com/library_read_article.php?id=56897
Abstract:
In article the modern condition of local management in Spain is considered. The legislative acts regulating questions of the organization of local authorities are analysed. The author investigates various types of local collectives, defines their competence. The author arrives at a conclusion that during a few last years bodies of local management reject classical approach to the understanding of the competence of a body of a local management where local bodies independently carry out their powers.
Key words: Comparative law, local government, Spain, authority, powers, delegation, province, “comarcas”, “mancomunidades”, areas metropolitanas
Reference:
PLATOSHKIN N.N., VASCHENKOV S.A..
Deportations and Resettlements of Civilians during Military Conflicts
// Journal of Foreign Legislation and Comparative Law.
2009. № 1.
DOI: 10.7256/1991-3222.2009.1.56637 URL: https://en.nbpublish.com/library_read_article.php?id=56637
Abstract:
The article is devoted to the deportations of civilians during military conflicts of 20th century. Particular attention is paid to the methods of struggle against civilians of the combatant countries on the part of USA, Canada, Poland, Great Britain and USSR.
Key words: comparative law, deportations, resettlements, concentration camp, Ukraine, USA, Germany, Great Britain and USSR
Reference:
Fake F.F..
Unification and Concord of the Law of International Trade: Development, Problems and Tendencies
// Journal of Foreign Legislation and Comparative Law.
2008. № 3.
DOI: 10.7256/1991-3222.2008.3.56519 URL: https://en.nbpublish.com/library_read_article.php?id=56519
Reference:
..
Lisbon Treaty and the Main Tendencies and Prospects of Development of European Law
// Journal of Foreign Legislation and Comparative Law.
2008. № 2.
DOI: 10.7256/1991-3222.2008.2.56332 URL: https://en.nbpublish.com/library_read_article.php?id=56332
Abstract:
A well known Russian scholar analyses the Lisbon Treaty, its advantages and negative implications, the main trends of future development of the European Union.
Reference:
..
Prospects of European Space of Freedom, Security and Justice in the Light of Lisbon Treaty of 2007
// Journal of Foreign Legislation and Comparative Law.
2008. № 2.
DOI: 10.7256/1991-3222.2008.2.56333 URL: https://en.nbpublish.com/library_read_article.php?id=56333
Abstract:
The article by a scholar from Kazakhstan reveals the prospects of the development of the European space of freedom, security and justice as envisioned by the Lisbon Treaty of 2007
Reference:
..
Modern Problems of International Humanitarian Law.
// Journal of Foreign Legislation and Comparative Law.
2008. № 1.
DOI: 10.7256/1991-3222.2008.1.56312 URL: https://en.nbpublish.com/library_read_article.php?id=56312
Abstract:
The article by a prominent Russian scholar, the former member of the Constitutional Court of the Russian Federation is devoted to modern development of international humanitarian law. The author shows legal forms of its implementation, correlation of international and national law.
Reference:
..
Problems of Institutional Regulation in Economic and Monetary Union
// Journal of Foreign Legislation and Comparative Law.
2008. № 1.
DOI: 10.7256/1991-3222.2008.1.56313 URL: https://en.nbpublish.com/library_read_article.php?id=56313
Abstract:
The author describes main integration processes in the European Union, their implication, positive effect and a number of problems caused by non balanced institutional regulation.
Reference:
..
Notion of "Public Official" in the Context of International
Obligations of the Russian Federation
// Journal of Foreign Legislation and Comparative Law.
2007. № 4.
DOI: 10.7256/1991-3222.2007.4.56347 URL: https://en.nbpublish.com/library_read_article.php?id=56347
Reference:
..
European Standards and Legislation of the Russian Fedaration in
Protecting Rights of National Minorities
// Journal of Foreign Legislation and Comparative Law.
2007. № 4.
DOI: 10.7256/1991-3222.2007.4.56348 URL: https://en.nbpublish.com/library_read_article.php?id=56348
Reference:
..
Customs Clearance in the Light of International Convention on
Simplification and Harmonization of Customs Procedures
// Journal of Foreign Legislation and Comparative Law.
2007. № 4.
DOI: 10.7256/1991-3222.2007.4.56349 URL: https://en.nbpublish.com/library_read_article.php?id=56349
Reference:
..
Tendencies in International Legal Qualification of Terrorism in Regional and International Treaties.
// Journal of Foreign Legislation and Comparative Law.
2007. № 3.
DOI: 10.7256/1991-3222.2007.3.56365 URL: https://en.nbpublish.com/library_read_article.php?id=56365
Reference:
Fake F.F..
Court of the European Union and Acts of the European Union Implementing Sanctions of the Council of Security of the United Nations: Issues of Competence and Law.
// Journal of Foreign Legislation and Comparative Law.
2007. № 2.
DOI: 10.7256/1991-3222.2007.2.56381 URL: https://en.nbpublish.com/library_read_article.php?id=56381
Reference:
Fake F.F..
On Correspondence of Legislation of the Russian Federation on the Use of Foreign Labor Force to the Principles and Norms of International Law.
// Journal of Foreign Legislation and Comparative Law.
2007. № 2.
DOI: 10.7256/1991-3222.2007.2.56382 URL: https://en.nbpublish.com/library_read_article.php?id=56382
Reference:
Fake F.F..
Codification in the Field of State Responsibility for Transboundary Damage Caused by the Activities of Private Persons, Applied to Liability for Nuclear Damage.
// Journal of Foreign Legislation and Comparative Law.
2007. № 1.
DOI: 10.7256/1991-3222.2007.1.56397 URL: https://en.nbpublish.com/library_read_article.php?id=56397
Reference:
Fake F.F..
Responsibility for Ecological Crimes under Legislation of
Foreign States (Part One).
// Journal of Foreign Legislation and Comparative Law.
2007. № 1.
DOI: 10.7256/1991-3222.2007.1.56398 URL: https://en.nbpublish.com/library_read_article.php?id=56398
Reference:
Fake F.F..
Prosecution of International Crimes on National Level (Experience
of Legislative Regulation in Germany)
// Journal of Foreign Legislation and Comparative Law.
2006. № 4.
DOI: 10.7256/1991-3222.2006.4.56413 URL: https://en.nbpublish.com/library_read_article.php?id=56413
Reference:
Fake F.F..
On Ratification by the Russian Federation of the European Charter for Regional or Minority Languages
// Journal of Foreign Legislation and Comparative Law.
2006. № 4.
DOI: 10.7256/1991-3222.2006.4.56414 URL: https://en.nbpublish.com/library_read_article.php?id=56414
Reference:
Fake F.F..
Main Trends of Treaty Regulation of International Cooperation of
States in the Struggle Against Terrorism.
// Journal of Foreign Legislation and Comparative Law.
2006. № 3.
DOI: 10.7256/1991-3222.2006.3.56430 URL: https://en.nbpublish.com/library_read_article.php?id=56430
Reference:
Fake F.F..
European Policy in the Sphere of Security and Defence: Legal Basis, Stages of Formation, Mechanisms of Realization.
// Journal of Foreign Legislation and Comparative Law.
2006. № 3.
DOI: 10.7256/1991-3222.2006.3.56431 URL: https://en.nbpublish.com/library_read_article.php?id=56431
Reference:
Fake F.F..
The Future Reform of the European Court of Human Rights (Based on the Report of Lord Wolf).
// Journal of Foreign Legislation and Comparative Law.
2006. № 2.
DOI: 10.7256/1991-3222.2006.2.56443 URL: https://en.nbpublish.com/library_read_article.php?id=56443
Reference:
Fake F.F..
The Notion of Corporate Person in the Law of the European Union (Part Two).
// Journal of Foreign Legislation and Comparative Law.
2006. № 1.
DOI: 10.7256/1991-3222.2006.1.56457 URL: https://en.nbpublish.com/library_read_article.php?id=56457
Reference:
Fake F.F..
The Notion of Corporate Person in the Law of the European Union.
// Journal of Foreign Legislation and Comparative Law.
2005. № 3.
DOI: 10.7256/1991-3222.2005.3.56470 URL: https://en.nbpublish.com/library_read_article.php?id=56470
Reference:
Fake F.F..
Migratsionnoe pravo Evropeiskogo Soyuza
// Journal of Foreign Legislation and Comparative Law.
2005. № 1.
DOI: 10.7256/1991-3222.2005.1.56498 URL: https://en.nbpublish.com/library_read_article.php?id=56498
Eng
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