Reference:
Vinogradova P.A..
Legal Measures Aimed at Settlement
of Interethnic Conflicts
// Journal of Foreign Legislation and Comparative Law.
2014. № 4.
P. 658-664.
DOI: 10.7256/1991-3222.2014.4.65593 URL: https://en.nbpublish.com/library_read_article.php?id=65593
Abstract:
The National Security Strategy of the Russian Federation until 2020 establishes the creation of the mechanisms of
preventing and neutralization of interethnic conflicts as a priority. In the modern world activities of different national and
religious organizations based on the ethnicity concept are used as instrument of ethnic and religious tension provocation.
On the background of the revitalization of the public authorities on the preventive measures legal means of preventing interethnic
conflicts are scarcely explored in the legal literature. These circumstances determine the importance of the content
of the concept of ethnic conflict, their classification, stages and settlement. The author has generalized factors of ethnic and
religious tension and proposed measures to prevent them.
Interethnic disagreements also settled in court. New powers of the Constitutional Court of the Russian Federation, aimed at
maintenance of unity and sovereignty of the law enforcement practice of the national legal system, are given a special role
in the paper.
Consideration of these issues allows us to formulate the basic measures to ensure the prevention of the negative effects of
ethnic differences. The need to respect national traditions and ensuring the legitimacy of law identified as the basic principles
of legal development in the sphere of international relations.
Keywords:
relations between the nations, interethnic conflicts, state and public security, national policy, federal relations, territorial claims, illegal migration, the Constitutional Court, ECHR.
Reference:
Timoshenko I.G..
Open Government in Foreign Countries:
Modern Status and Problems
// Journal of Foreign Legislation and Comparative Law.
2014. № 3.
P. 463-473.
DOI: 10.7256/1991-3222.2014.3.65365 URL: https://en.nbpublish.com/library_read_article.php?id=65365
Abstract:
This paper is concerned with issues of foreign states experience in the field of legal regulation of institutes of
open government and foreign practice of its implementation in context of public government modernization, development
of citizens’ right to information and participation in public government. Historic and comparative methods are used
in the process of study. In particular evolution and contemporary substance of open government regulation approaches
abroad are examined on the basis of comparative analysis of foreign countries legislation and practice as well as international
recommendations. Positive and negative experience of open government concept implementation abroad is
discussed. Special attention is given to consideration of electronic government and forms of its functioning in public government
bodies’ activities in foreign countries.
The analysis of legislative basis and practical experience of implementation of open government in foreign countries
makes it clear that, in spite of some progress in this sphere, substantial quantity of states are faced to some legal, organizational
and financial problems. These problems are connected with the practical difficulties in achieving the balance
between traditional requirements of due public administration and contemporary requirements of providing of its openness.
Advanced information technologies inculcation, while facilitating realization of openness, makes new problems,
arising from necessity of protection of different kinds of information including personal data.
Correct solution of these issues should be based on modernization of information legislation, systems of public control
over executive bodies and development of other tools of public government democratization. This goal may be achieved
on the base of balanced approach, making it possible to combine advantages of information openness with obligations of
providing security of government bodies’ activities as well as protection of citizens’ rights in this process.
Taking into account these reasons the author makes conclusion as to necessity of careful approach to possible application
of some elements of foreign experience by Russian public bodies and officials.
Keywords:
open government, e-government, regulation, national, legislation, information, internet – technology, democracy.
Reference:
Arakelyan M.R..
On the Problem of Human Rights System of
Modern State Functioning
// Journal of Foreign Legislation and Comparative Law.
2014. № 3.
P. 474-478.
DOI: 10.7256/1991-3222.2014.3.65366 URL: https://en.nbpublish.com/library_read_article.php?id=65366
Abstract:
Human Rights protection function is the privileged sector in the functioning of the modern state, based on the
modern legislative framework, which reflects the objective laws of the development of the society, and the external factors,
which define its strategic development. The human rights protection function of the modern state is, first of all, the
activity of the state on the protection of the rights and freedoms of the human being and citizen, the strengthening of
the rule of law in all spheres of public and political life. The aspects of the transformation of the content of human rights
protection function of the modern state are considered in the article Special attention is paid to the realisation of the human
rights function of the modern state in the context of the legal reforms. The formation of the human rights protection
system of the modern state in general, and the institute of advocacy in particular, is the complicated process.
Declaration of independence of Ukraine has launched the reforming of out-of-date model of advocacy of the Soviet
period. The adoption of the law «On Advocacy and Legal Practice» reflects the aspirations of the Ukrainian state and a
society, which are directed to the democratisation of all spheres of life of citizens.
The consideration of the process of the transformation of Ukrainian legal system within the last year’s period is of the special
importance. The active role in these processes is played by the advocacy institute, as the major part of the Ukrainian
human rights protection system, which basic function lies in the securing of the rights, freedoms and legitimate interests
of citizens of Ukraine, foreign citizens, persons without citizenship, legal bodies, including the rendering of the other qualified
legal support to them.
Keywords:
modern state, the functions of the modern state, transformation, human rights function of the modern state, the protection of human rights and freedoms.
Reference:
Batler W.E..
Harmonization of Russian Law and
Legal Provisions on Trusts
// Journal of Foreign Legislation and Comparative Law.
2014. № 3.
P. 479-482.
DOI: 10.7256/1991-3222.2014.3.65367 URL: https://en.nbpublish.com/library_read_article.php?id=65367
Abstract:
Article is devoted to the current topic of harmonization of the Russian legislation on the example of the trust.
The author shows the advantages of harmonization of policies for the economic development of states and analyzes its
possible opportunities in the relation of the Law of Trusts of the Russian Federation, consisting of the chapter 53 of the
Civil Code of the Russian Federation and the Presidential Decree of 1993 "On trust" which, from the point of view of the
author remains in force.
The paper pays great attention to the problems of using of trusts in the modern Russian economy. The author shows how
the elements of the Anglo-American trust can be adopted to the Russian legal realities and economic benefits that it can
give. The author analyzes the possibility of legal technique which allow Russian legal entities and individuals to use the
system of trusts without violating the rules of Russian law.
Keywords:
harmonization of legislation, international law, international treaty, trust, trust property, comparative law, escrow, adaptation, private international law, Russian law.
Reference:
Lukoyanov N.V..
Corporate Uncertified Securities in Spanish Law
// Journal of Foreign Legislation and Comparative Law.
2014. № 3.
P. 483-487.
DOI: 10.7256/1991-3222.2014.3.65368 URL: https://en.nbpublish.com/library_read_article.php?id=65368
Abstract:
This article is devoted to the analysis of legal regulation of corporate book-entry securities in the law on the
example of Spain. In the science of Russian law there are almost no studies of corporate book-entry securities of foreign
countries. However, the mechanism of regulation of social relations in relation of corporate book-entry securities in civil
and trading turnover of Spain is of interest to Russian law. Complicated trade turnover and the rules of the European
Union’s regulations implemented in the national legislation give impetus to the adoption of new types of corporate securities
not previously known to the Spanish law (recall shares, preferred corporate shares). But law enforcement practice
shows that legal protection of investors who invest their money in such financial instruments is still not assured.
Keywords:
securities, book-entry securities, corporate securities, stocks, bonds, hybrid securities, the law of Spain, corporations, joint-callable shares, preferred corporate shares.
Reference:
Andrichenko L.V..
Current Model and the Mechanism of Separation
of Powers between the Federal Authorities and State
Authorities of the Russian Federation
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 172-187.
DOI: 10.7256/1991-3222.2014.2.65140 URL: https://en.nbpublish.com/library_read_article.php?id=65140
Abstract:
The article discusses the current trends of separation of powers between the state authorities of the Russian Federation,
bodies of state power of subjects of the Russian Federation and local authorities. The assessment of established criteria,
methods, principles and mechanisms of distribution of powers which are embodiment in the federal practice. Attempts to
identify the challenges to prevent further development of federation in the implementation of federal governance are given.
Keywords:
federation, subjects of the Russian Federation, public authorities, the delineation of powers, the principle of subsidiarity, centralization, decentralization, legislation.
Reference:
Burinskiene M., Petrakovskaya O.S..
Legal Regulation of the Foundations
of Territorial Planning in Lithuania and Ukraine
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 188-195.
DOI: 10.7256/1991-3222.2014.2.65141 URL: https://en.nbpublish.com/library_read_article.php?id=65141
Abstract:
The article analyzes the transformation of approaches to territorial planning in Lithuania and Ukraine over the last
twenty years. The main accent is made on legal regulation of methods and problems of territorial planning which were changed
in new socio-economic conditions of both countries. To ensure the sustainable development of territories in the natural, social,
technological, economic environment, it is important to find and secure such approach to development which will ensure the
quality of life and reduce the negative impact on the environment. The article provides a comparative analysis of the planning
documentation in Lithuania and Ukraine over the last 20 years, although the basis of territorial planning in both countries were
based on an integrated approach of urban planning school of the Soviet period. Since 1991 each country develops new strategy
of territorial planning of in the conditions of new economic categories and a political orientation of development.
Keywords:
territorial planning, designing, the town-planning documentation, the general layout, the detailed plan, transformation, levels of territorial planning, local (municipal) level, public hearings, publicity.
Reference:
Pilipenko A.N..
Fundamental Principles of Public Control in France
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 196-202.
DOI: 10.7256/1991-3222.2014.2.65142 URL: https://en.nbpublish.com/library_read_article.php?id=65142
Abstract:
In this article, based on example of France, control is inspected as a system element of public authority in its core – the
bodies constituting the state. Public control has other dimensions within the organization and functioning of executive branch,
as well as the relationship «controller – controlled». But this hopefully, will make subject to the following publications.
Keywords:
constitution, power, control, president, parliament, government, differentiation of powers, people’s sovereignty, constitutional control, parliamentary control, the Constitutional Council, the State Council.
Reference:
Lafitsky V.I..
Secession in the Modern World: Constitutional Law
and International Law Aspects
// Journal of Foreign Legislation and Comparative Law.
2014. № 1.
P. 30-33.
DOI: 10.7256/1991-3222.2014.1.64837 URL: https://en.nbpublish.com/library_read_article.php?id=64837
Abstract:
The article describes constitutional law and international law aspects of secession and the form of a partial
breakup of a state, separation of certain territorial units forming their own statehood or joining other states. It analyses
the main features of secession and reveals the problems which ought to be solved in the constitutional law and international
law perception and development of this phenomenon of the modern world.
Keywords:
secession, territorial units, right of peoples to self-determination, constitutional limits, international law guarantees and solutions.
Reference:
Nematov A.R..
Legislative Initiative and Forms of its Realization
According to the Constitution of the Republic of Tajikistan
and of the Russian Federation (comparative-legal analysis)
// Journal of Foreign Legislation and Comparative Law.
2014. № 1.
P. 34-43.
DOI: 10.7256/1991-3222.2014.1.64838 URL: https://en.nbpublish.com/library_read_article.php?id=64838
Abstract:
Realization of legislative initiative by lawmakers according to the Constitutions of the Republic of Tajikistan
and the Russian Federation is the subject of present article. In the article are drawn parallels between subjects of legislative
initiative of Tajikistan and Russia and specifies variety of forms of realization of the legislative initiative. In the
Constitutions of the Republic Tajikistan and the Russian Federation are confirmed almost identical structures of subjects
of legislative initiative, but there is some specificity. Difference of structures of subjects of legislative initiative is
also traced in forms of its realization in above-named countries. During research were used such methods of scientific
knowledge as a rather-legal method, sociological, statistical; made analysis allows to make some conclusions. First, the
legislative initiative consists of set of legal relationships which are directed on regulation of relations arising in occasion
of introduction and mandatory consideration of the bill in Parliament. These relationships arise between Parliament on
the one hand and subjects of legislative initiative on the other. Secondly, set of subjects of legislative initiative and forms
of its realization are caused by form of state structure, form of government and legal system of state. In the third, the
right to act as s subject of legislative initiative have: authorities represented by parliament, heads of state and government,
local and/or regional representative bodies, highest judicial bodies in some countries. This right is confirmed at
the constitutional level. Fourthly, at the present time in conditions of democratization of all spheres of public life it is required
to extend the set of subjects of legislative initiative and to include also citizens and institutions of higher Judicial
authorities of the country (in practice of Tajikistan – the Supreme Court and the Supreme Economic Court).
Keywords:
legislative initiative, the Republic of Tajikistan, the Russian Federation, the Constitution, lawmaking, subjects of legislative initiative, public initiative, legislative initiative of court, parliament, executive body.
Reference:
Arutyunyan G.G..
Constitutionalism in the Context
of Constitutional Culture of New Millennium
// Journal of Foreign Legislation and Comparative Law.
2013. № 5.
P. 773-779.
DOI: 10.7256/1991-3222.2013.5.63809 URL: https://en.nbpublish.com/library_read_article.php?id=63809
Keywords:
constitutionalism, constitutional culture, the Armenian Constitution, separation of powers, the rule of law, fundamental principles.
Reference:
Karpenko K.V..
Institute of Subsequent (Specific)
Constitutional Control in France
// Journal of Foreign Legislation and Comparative Law.
2013. № 5.
P. 780-790.
DOI: 10.7256/1991-3222.2013.5.63810 URL: https://en.nbpublish.com/library_read_article.php?id=63810
Keywords:
Constitutional control in France, the act, the Constitutional Council, the State Council, the Court of Cassation, the French Constitution.
Reference:
Makhnik D.I., Pomazanskiy A.Y..
Legal Regime of Public Events:
Constitutional Requirements
and International Standards
// Journal of Foreign Legislation and Comparative Law.
2013. № 4.
P. 564-570.
DOI: 10.7256/1991-3222.2013.4.63578 URL: https://en.nbpublish.com/library_read_article.php?id=63578
Abstract:
The article is devoted to the analysis of legal regulation of carrying out public events in the Russian Federation from
the point of view of its compliance to constitutional requirements and the international standards. Article contains a conclusion
that legal regime of public events available today concretizing mechanism and procedure of their carrying out, not fully reflects
fixed both in the constitutional level, and at the international level the right of citizens to gather peacefully, without the weapon, to
hold meetings and demonstrations, processions and picketing and significantly limits the content, reality and availability of these
rights. Article contains suggestions for improvement of a legal regulation of carrying out public events.
Keywords:
Constitution, human rights, public events, freedom of assembly, the Venice Commission.
Reference:
Kalmykova A.V..
Legislation on State Control (Supervision)
in the Sphere of Technical Regulation
of States-Parties of Eurasian Economic Community
and Custom Union
// Journal of Foreign Legislation and Comparative Law.
2013. № 4.
P. 571-582.
DOI: 10.7256/1991-3222.2013.4.63579 URL: https://en.nbpublish.com/library_read_article.php?id=63579
Abstract:
The article devotes to the comparative legal research of state control (supervision) in the sphere of technical
regulation legislation in states-parties of the Eurasian Economic Community and Custom Union. The main common features
of the state control (supervision) are revealed on the basis of legislation of Russia, Belarus Republic, Kazakhstan,
Kyrgyz Republic and Tajikistan, as well as peculiarities of legal regulation of state control (supervision) in the sphere of
technical regulation in some countries are analyzed in the article. The author has made a conclusion on trends of system of
state control (supervision) in the sphere of technical regulation development in conditions of future development processes
on post-soviet territory.
Keywords:
technical regulation, technical rules and regulations, integration, Custom Union, Eurasian Economic community, state control (supervision), object of control, state control authorities, inspection, risks.
Reference:
Dundukov M.Y..
Control Powers of the President
of the United States Towards Intelligence Services
(Based on the Decisions
of the U.S. Supreme Court)
// Journal of Foreign Legislation and Comparative Law.
2013. № 4.
P. 583-586.
DOI: 10.7256/1991-3222.2013.4.63580 URL: https://en.nbpublish.com/library_read_article.php?id=63580
Abstract:
This article discusses the control powers the President of the United States towards U.S. intelligence agencies.
The article is based on an analysis of court cases, handled by the U.S. Supreme Court, in which the supreme judicial body
of the United States interpreted the constitutional right of the President to implement controls towards its subordinate bodies.
The article in accordance with the position of the Supreme Court in the case Totten v. United States (1875) justifies the
right of the President as commander-in-chief to establish in time of war intelligence services as a part of executive branch
of the government. Comparing the position of the Supreme Court in this case to its position, expressed in the later case
Chicago & S. Airlines v. Waterman S.S. Corp. (1948), the author shows the evolution of the judgments of the U.S. Supreme
Court, who recognized in a later case, the right of the head of the U.S. to establish intelligence agencies not only in time
of war, but also in times of peace.
Keywords:
control functions, intelligence service, commander-in-chief, subordinate bodies, armed forces, court decision, constitutional basis, U.S. President, officials.
Reference:
Savchyn M.V..
Constitutional Values,
Legitimacy of Public Power
and Constituent Legitimacy
// Journal of Foreign Legislation and Comparative Law.
2013. № 4.
P. 587-595.
DOI: 10.7256/1991-3222.2013.4.63581 URL: https://en.nbpublish.com/library_read_article.php?id=63581
Abstract:
The problem of constituent legitimacy in the context of comparative analysis of models of legitimating of
public power in the light of constitutional values is examined in the article. The problem of the democratic legitimacy
of the constitutional order is analyzed in the article and proposals for the improvement of the constitutional system
of Ukraine are developed on the basis of interdisciplinary approach and combined achievements of political science,
sociology, law and doctrine of natural and positive law. Relations between democratic legitimacy and constitutional
values through deliberative legitimacy (complicity) and the democratic legitimacy of human rights are analyzed in the
article. A comparative analysis of models of neutral way of unitary, egalitarian and axiological achieving the consensus
in society is made. The nature of the constituent legitimacy in the light of constitutional values and the legal status of
the Constitutional Assembly established to prepare a bill on renovation of the Constitution of Ukraine are revealed.
The author formulates key issues that should be the subject of public debate and consideration by the Constitutional
Assembly. The mechanism of the revision of the Constitution in accordance with the Europeans constitutional values
and democratic legitimacy is defined.
Keywords:
democracy, Constitutional Assembly, constitutional values, constituent legitimacy, constituent power, human rights, rule of law, sovereignty.
Reference:
Andrichenko L.V., Khabrieva T.Y..
Legal Regulation of Multicultural Relations
in the Legislation of Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2013. № 3.
P. 393-416.
DOI: 10.7256/1991-3222.2013.3.63162 URL: https://en.nbpublish.com/library_read_article.php?id=63162
Abstract:
The comparative legal analysis of the legal regulation of multicultural relations based on the research of the
legislation of foreign countries presented in the scientific paper. The basic directions of ethnic policies of foreign countries:
assurance of the legal status of ethnic minorities and indigenous peoples, anti-discrimination policy, the guarantee
of political participation of ethnic minorities, the right to use their native language and the national cultural heritage,
evolution of the institutional and functional grounds of national-territorial entities, protection of land and other property
rights of indigenous peoples.
It is concluded that the research of foreign experience of legislative regulation of the rights of national minorities gives
ample opportunities for its use in the practice of the Russian law-making process.
Keywords:
multicultural relations, ethnic minorities, indigenous peoples, territorial autonomy, the state language, native language, ensuring non-discrimination, indigenous representation
Reference:
Krysenkova N.B..
Legal Status of Ethnics
and Religious Communities in India
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 225-229.
DOI: 10.7256/1991-3222.2013.2.62842 URL: https://en.nbpublish.com/library_read_article.php?id=62842
Abstract:
The article is devoted to analysis of legal status of ethnics, religious minorities and backward classes in India.
The author analyses the current measures on welfare of minorities, representation of its interests in state bodies and obtaining
of education. Analysis is based on Constitution of India 1949, minorities legislation and programs of commissions for
its rights protection.
Keywords:
India, ethnos, ethnic community, minorities, religious community, rights and freedoms.
Reference:
Nifanov A.N.
Experience of Legal Territory Formation
in Federal States
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 230-236.
DOI: 10.7256/1991-3222.2013.2.62843 URL: https://en.nbpublish.com/library_read_article.php?id=62843
Abstract:
This article presents the author’s analysis of the constitutions of federal states to identify in them the rules of the
territory, taking into account an integrated approach to the definition of the latter.
Keywords:
territory, state territory, the territory of the Federation, state, land, change of status, the referendum, the national survey, the peace treaty.
Reference:
Irhin I. V..
Differentiation of Approaches
of Legal Regulation of Rights and Freedoms
of Citizens in the Regional Legislation of Canada
// Journal of Foreign Legislation and Comparative Law.
2013. № 1.
P. 26-30.
DOI: 10.7256/1991-3222.2013.1.62573 URL: https://en.nbpublish.com/library_read_article.php?id=62573
Abstract:
The paper analyzes the approaches of the legal regulation of the rights and freedoms of the citizens of Canada.
The main focus in the plane of normative construction regulatory system of rights and freedoms in law subjects the
Canadian federation. Based on a study of the legislative experience of some regions of Canada author concludes there
are significant differences between the models of the legal status of citizens due to the system used by diverse approaches.
It is stated that in the regional laws of Canada, as well as in many legal acts of federal importance, the rights and freedoms
disclosed by listing reasons, forms and methods of protection against discrimination, which is a significant difference,
especially from the Russian legal system. In the article the conclusion that the legislation of the subjects of Canada
established a wide range of bases and protections against discrimination on various grounds, provide additional safeguards
acquisition and implementation of the rights of citizens, clarified and specified constitutional formulas relating to
the rights and freedoms, which gives them stability and strength.
Keywords:
Canada, rights, freedom, act, charter, Bill, Métis, Inuit, Indians.
Reference:
Kuyan I.A..
Parliamentarism as the Most Significant Form
of the People’s Sovereignty:
Problems of Implementation in Ukraine
// Journal of Foreign Legislation and Comparative Law.
2013. № 1.
P. 31-35.
DOI: 10.7256/1991-3222.2013.1.62574 URL: https://en.nbpublish.com/library_read_article.php?id=62574
Abstract:
The article deals with the research of the theoretical and practical problems of the parliamentarism in terms of
its implementation as a form of the popular sovereignty realization. As a scientific theory and an actual phenomenon, the
parliamentarism synthesizes in itself a form of direct and representative democracy. The parliamentarism as a natural
development of the principle of popular sovereignty in the theory and practical implementation is primarily related to a
parliamentary form (system) of administration, which implies the existence of the parliament leading role in the system of
the state power bodies. The author considers this question in terms of political reality and the requirements of legislative
regulation.
Keywords:
people’s sovereignty, democracy, power of people, forms of democracy, parliamentarism, parliamentary system of government, parliament.
Reference:
Postnikov A.E..
Electoral Law as Sub-Branch
of the Russian Constitutional Law
// Journal of Foreign Legislation and Comparative Law.
2012. № 4.
P. 4-12.
DOI: 10.7256/1991-3222.2012.4.61465 URL: https://en.nbpublish.com/library_read_article.php?id=61465
Abstract:
The article presents a research of the electoral law as part of the constitutional law of Russia. The main institutions
of the electoral law and the general trend of their development are also the object of the research.
Keywords:
constitutional law, electoral law, voting rights of citizens, the institutions of the electoral law.
Reference:
Krysenkova N.B..
Models of Indian Electoral Systems
and Tendencies of their Reforming
// Journal of Foreign Legislation and Comparative Law.
2012. № 4.
P. 13-18.
DOI: 10.7256/1991-3222.2012.4.61466 URL: https://en.nbpublish.com/library_read_article.php?id=61466
Abstract:
Analysis of Indian electoral systems is presented in the article. The author pays attention to Indian electoral
system forming realizes on constitutional and legislative level. The analysis of modern electoral reform tendencies in
India.
Keywords:
electoral system, First-Past-the-Post, preferential vote, proportional system, majority system, reform, tendencies.
Reference:
Maslovskaya T.S..
Some Present-Day Trends
of Constitutional Law Revisions in Foreign States
// Journal of Foreign Legislation and Comparative Law.
2012. № 3.
P. 54-62.
DOI: 10.7256/1991-3222.2012.3.61319 URL: https://en.nbpublish.com/library_read_article.php?id=61319
Abstract:
This article is devoted to the conditions of realization of present-day constitutional reforms in foreign
states and its purposes. Some present-day trends of constitutional law revisions and features of new constitutions of
XXI century are emphasized. The conclusions of constitutionalization of social life are drawn.
Keywords:
constitution, constitutional model, constitutional law revision, foreign states.
Reference:
Berlyavskiy L.G..
Constitutional Process in the Region of Middle East:
the Present Stage
// Journal of Foreign Legislation and Comparative Law.
2012. № 3.
P. 63-69.
DOI: 10.7256/1991-3222.2012.3.61320 URL: https://en.nbpublish.com/library_read_article.php?id=61320
Abstract:
Studying of the Constitutional Law of the Middle East countries represents considerable interest because
the given region is near to southern borders of Russia, other Post-Soviet countries and should mention their political,
economic and humanitarian interests. In a number of the region countries there are unstable political regimes (Iraq, Afghanistan, etc.), their constitutional development is braked and is affected by the system of international
sanctions (United Nations, European Union) or State Law of the leading states of the West. On the constitutional
development of some the countries (Islamic Republic Iran, the Lebanese Republic, Algeria, etc.) essential if not solving
influence renders Islamic fundamentalism.
Keywords:
constitutional law, Middle East, Islamic fundamentalism, state religion, constitutionalism evolution, form of government, confessional system, «Arabian revolutions».
Reference:
Merkulova T.A..
New Fundamental Law of Hungary
// Journal of Foreign Legislation and Comparative Law.
2012. № 3.
P. 70-77.
DOI: 10.7256/1991-3222.2012.3.61321 URL: https://en.nbpublish.com/library_read_article.php?id=61321
Abstract:
The article is about the process of preparing and adopting of the New Fundamental Law of Hungary and
about some stages of development of the hungarian constitutional law. Besides, the article deals with main characteristics
of the normative parts of the Fundamental Law.
Keywords:
Fundamental Law, country, symbols, powers, rights, religion, government, Parliament, bank, legal system.
Reference:
Khabrieva T.Y..
Doctrinal Foundation and Constitutionalization
of Justice Ideas
// Journal of Foreign Legislation and Comparative Law.
2012. № 2.
P. 4-9.
DOI: 10.7256/1991-3222.2012.2.59409 URL: https://en.nbpublish.com/library_read_article.php?id=59409
Abstract:
The article is devoted to the currently existing scientific doctrines of justice and their consolidation in the texts
of constitutions. Study of different points of view on this matter, allowed the author to identify a set of basic criteria of
justice, many of which are reflected in constitutional provisions. The article provides a comparative legal analysis of constitutional
rules relating to the regulation of matters of justice. The author concludes that the constitutions of many countries
are increasingly turning to issues of justice. In this case there is a tendency for greater consolidation of them and
search for new models and forms of their constitutional and legal implementation.
Keywords:
comparative law, scientific doctrine, constitution, justice, the judiciary.
Reference:
Jasna Omejec.
New European Transition Constitutions
and the Transformative Role
of Constitutional Courts
// Journal of Foreign Legislation and Comparative Law.
2012. № 2.
P. 10-26.
DOI: 10.7256/1991-3222.2012.2.59410 URL: https://en.nbpublish.com/library_read_article.php?id=59410
Abstract:
In this article the author analyses the shared characteristics of the constitutions that post-socialist and postcommunist
European states adopted after they gained independence and calls them the new European transition constitutions.
The author analyses the deep rift that appeared and still exists between the ideal that was written down in the new
transition constitutions and the real conditions that exist in post-socialist and post-communist societies.
She proves that the appearance and the amazing escalation of institutional constitutional judicature in post-socialist and
post-communist European states resulted from the objective need for that and that constitutional courts have a transformative
role in European post-socialist and post-communist states.
Keywords:
constitution, constitutional court, heritage of the past, transition state, post-communist state, common European heritage.
Reference:
Shakhray S.M..
Role of the Constitutional Court’s
of the Russian Federation Decisions
for the Establishment of Constitutional Model
of Russian Federalism
// Journal of Foreign Legislation and Comparative Law.
2012. № 2.
P. 27-36.
DOI: 10.7256/1991-3222.2012.2.59411 URL: https://en.nbpublish.com/library_read_article.php?id=59411
Abstract:
The author of the article follows the dynamics of the federative relationship of the Post-Soviet Russia from the
point of view of The Constitutional Court of The Russian Federation decisions and legal positions. The influence of the
practice of the federal constitutional control body for the specification and the strengthening of the model of the Federal
government of Russia, which was provided by the Constitution of the Russian Federation in force, is shown in the article.
The author gives the analysis of the substantive content of the constitutional principles of the federal structure given by
The Constitutional Court of The Russian Federation. The implementation of the ideas of federalism in the activity of the
State federal and regional authorities of Russia by the Constitutional Court is also reviewed in the article.
Keywords:
unity of the federation; legal positions of the Constitutional Court of the Russian Federation; equa
Reference:
Jean du Bois de Gaudusson.
Constitution without Constitutional Culture —
Way to Decadence of Constitutionalism
(Continued dialogue on the fifteen-year
"transition period" in Africa and Europe)
// Journal of Foreign Legislation and Comparative Law.
2012. № 1.
P. 10-18.
DOI: 10.7256/1991-3222.2012.1.59351 URL: https://en.nbpublish.com/library_read_article.php?id=59351
Abstract:
The experience of “miscellaneous period” countries of Central and Eastern Europe and Affric on formation of
constitutional system, approaches to understanding and legal content of constitutional values are analyzed in the article.
The features and defects of different constitutional institutes and mechanisms used by above mentioned countries in overcoming
of “miscellaneous periods” are highlighted in the article.
Keywords:
Constitution, miscellaneous period, constitutionalism, democracy, comparative law, constitutional system, countries of Central and Eastern Europe, legal values.
Reference:
U.A. Tikhomirov, G.A. Vasilevich.
State Governance and Development Perspectives
// Journal of Foreign Legislation and Comparative Law.
2011. № 6.
P. 21-25.
DOI: 10.7256/1991-3222.2011.6.59134 URL: https://en.nbpublish.com/library_read_article.php?id=59134
Abstract:
The basic conclusions on the results of the common scientific project “The Problems of State Governance Efficiency
in the Republic of Belarus and the Russian Federation” are represented in the article. The project was led by
the scientific research groups of the institute of Legislation and Comparative Law under the Government of the Russian
Federation and the State University of the Republic of Belarus. The authors have separated out the basic ways of model,
principles, functions of state and the system of state bodies in the context of optimization of legal guaranteeing of state
functioning, determination of criteria of state governance efficiency perfection.
Keywords:
state governance, state governance efficiency, state functions, state bodies, executive bodies.
Reference:
S.V. Praskova.
Constitutional regulation of territory structure of a state:
comparative legal research
// Journal of Foreign Legislation and Comparative Law.
2011. № 6.
P. 26-37.
DOI: 10.7256/1991-3222.2011.6.59135 URL: https://en.nbpublish.com/library_read_article.php?id=59135
Abstract:
The author examines the matters of status and structure of a state’s territory as a subject of legal regulation of
a constitution. Norms of constitutions of countries of the world regulating national territory are analyzed. With regard to
the federal states the author singles out two characteristics of territory structure (physiographic and political factors). It
is concluded that it is necessary to regulate them in the Basic Law of a State.
Keywords:
territory of a state, land, bowels, internal waters, territorial sea, territory of a subject of Federation, federal dependencies.
Reference:
A.N. Chertkov.
About the Russian Federation Territory
// Journal of Foreign Legislation and Comparative Law.
2011. № 6.
P. 38-44.
DOI: 10.7256/1991-3222.2011.6.59136 URL: https://en.nbpublish.com/library_read_article.php?id=59136
Abstract:
The article is devoted to constitutioNal bases of definition of structure of territory of the Russian Federation
and the main problems of their realization. Legal fastening of the basic components of structure of territory of Russia as
united federal sovereign state, and also territory of the subject of the Russian Federation are analyzed.
Keywords:
law, state, territory, structure, the Russian Federation, the subject of the Russian Federation, subject structure, bowels, internal waters, air space.
Reference:
V.I. Lafitsky.
Constitutional Traditions and Models
in the Comparative–Legal Dimension
// Journal of Foreign Legislation and Comparative Law.
2011. № 5.
P. 4-14.
DOI: 10.7256/1991-3222.2011.5.58916 URL: https://en.nbpublish.com/library_read_article.php?id=58916
Abstract:
Constitutions of the world share a lot of common features because they have to solve the same problems. Nevertheless,
it is possible to single out typical constitutional models united by general constitutional traditions and culture
(North American, West European, Islamic, Socialist, Slavonic and so on). There are also a number of unique fundamental
laws (for instance, of India, Japan, China) which are not embraced by any constitutional model. The process of formation
of new models and appearance of new unique constitutions continue reflecting the processes changing the world.
Keywords:
comparative law, constitution, constitutional model, legal traditions, legal culture, legal norm.
Reference:
A.N. Pilipenko.
Organization of the Lawmaking Activity in the System
of the Executive Authorities of Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2011. № 5.
P. 15-23.
DOI: 10.7256/1991-3222.2011.5.58917 URL: https://en.nbpublish.com/library_read_article.php?id=58917
Abstract:
The object of the present paper is to organize the rulemaking undertaken under executive authority. On a number
of countries (France, USA, Canada, Switzerland, etc.) are considered different organizational forms of preparation
of bills introduced by the Parliament, the order of the development, adoption and monitoring of the implementation of
normative acts of executive power to execute the laws. It seems that the experience of foreign countries in this part, will
be useful to all those who in any way involved in such activities in Russia and not only them.
Keywords:
executive, government, ministries, parliament, rulemaking, legislation, regulation, examination, counseling, listening, efficiency and control
Reference:
Ebzeev B.S..
Case of Republican party of Russia v. Russia of European Court of human rights or lost illusions
// Journal of Foreign Legislation and Comparative Law.
2011. № 4.
P. 43-54.
DOI: 10.7256/1991-3222.2011.4.58795 URL: https://en.nbpublish.com/library_read_article.php?id=58795
Abstract:
In this article, author considered recent judgment of the European Court of human rights. The author criticizes
this judgment because fixation of the standards of human rights in the Convention and participation of the Russian Federation
in it do not exclude considerable discretion of member state. The weakening of sovereign rights with inevitability
leads to weakening of responsibility of public power. Legal expression of sovereignty of the Russian Federation is the
prevailing of Constitution and federal laws on the whole territory of the Russian Federation. The author grounds the
supremacy of the Constitution towards international treaties. The author says about the necessity for the Constitutional
Court to give an opinion as to decisions of international judiciary if there are grounds to consider that their execution
can contradict the Russian Constitution.
Keywords:
European Court of human rights, Constitution of the Russian Federation, political parties, sovereignty, Constitutional Court of the Russian Federation.
Reference:
A.N. Pilipenko.
Ombudsmen in France.
// Journal of Foreign Legislation and Comparative Law.
2011. № 3.
P. 43-49.
DOI: 10.7256/1991-3222.2011.3.58573 URL: https://en.nbpublish.com/library_read_article.php?id=58573
Abstract:
Appearanced in France, the Ombudsman is noteworthy, though, because such institutions in the European
(and other) states have been relatively long. Does this mean that by doing so it has overcome its «gap» in approving
the institution of ombudsman»? Obviously not. Since the early 70’s, France follows its original «dispersion» method
of protecting individual rights and freedoms, placing it on the various independent agencies.
Is the establishment of the Ombudsman deviation from this path, the effects of absorption of several human rights
bodies, the fate of independent administrative bodies — the questions of not speculative interest became the subject
of the proposed article.
Keywords:
constitution, constitutional reform, human rights defender, the method of appointment, powers, independent administrative body, the Defender of children, sanctions.
Reference:
Ya.D. Zelmenis.
Institute of Prosecutors in the Republic of Latvia —
the Need for more Strict Supervision and Protection
of Individual Rights
// Journal of Foreign Legislation and Comparative Law.
2011. № 3.
P. 50-60.
DOI: 10.7256/1991-3222.2011.3.58574 URL: https://en.nbpublish.com/library_read_article.php?id=58574
Abstract:
The author of the article describes the historical development of the institution of public prosecution in
Latvia and the model of the prosecutor’s activity in Latvia today. The actual decisions and resolutions of the Constitutional
Court of Latvia, the European Court of Human Rights and Court of Justice of the European Communities are
researched.
The author analyzes the problems associated with lack of supervision over the prosecutors’ activities and the inferior
enforcement of individual’s rights, and suggests possible solutions to these problems.
Keywords:
comparative law, prosecutors, Latvia, the protection of individual rights, role of the prosecutor’s office, historical development of the institute of prosecution, the prosecutor’s office status in Latvia, control mechanism of prosecution in Latvia, recommendations of the European Council
Reference:
T.Ya. Khabrieva.
Administrative Procedures and Administrative Barriers:
in Search of Optimum Model of Correlation
// Journal of Foreign Legislation and Comparative Law.
2011. № 2.
P. 4-15.
DOI: 10.7256/1991-3222.2011.2.58587 URL: https://en.nbpublish.com/library_read_article.php?id=58587
Abstract:
The theoretical questions of administrative procedures and administrative barriers correlation in comparative
aspect, criteria of its differentiation, specifics of administrative regulations of state functions execution and state services
providing and necessity of complex way of legislative perfection in this sphere are analyzed in the present article.
Keywords:
state governance, principles of administrative law, administrative procedures, administrative barriers, administrative regulations.
Reference:
G. Marcou.
Administrative Procedures (Experience of Russia
and other European Countries)
// Journal of Foreign Legislation and Comparative Law.
2011. № 2.
P. 16-33.
DOI: 10.7256/1991-3222.2011.2.58588 URL: https://en.nbpublish.com/library_read_article.php?id=58588
Abstract:
This article examines different approaches to administrative procedures in various countries of continental
and common law, carries out their analysis, and provides a brief description of the state of russian legislation in this area.
The author pays particular attention to such issues as question of the legal sources of administrative procedures and the
scope of legal procedure application, as well as undertaking a thorough analysis of specific procedures concerning access
to administrative documents, and some other issues including mediation.
Keywords:
administrative law, administrative procedures, legal sources, access to administrative documents, mediation
Reference:
A.V. Pavlushkin.
Constitutional Legal Status of Elected Authorities
in Foreign Countries.
// Journal of Foreign Legislation and Comparative Law.
2011. № 2.
P. 34-43.
DOI: 10.7256/1991-3222.2011.2.58589 URL: https://en.nbpublish.com/library_read_article.php?id=58589
Abstract:
The article is devoted to the problems of status regulation of elected authorities in foreign governments. The
items of functional organization of elected authorities directly in the state constitutions are researched. Also some aspects
are devoted to elected authorities formation procedure and the statuses of its members.
Keywords:
constitutional and legal status, elected officials, elected authority, formation procedure, member’s status.
Reference:
Barenboym P.D., Zakharov A.V..
Roerich Pact as a Stage of Implementation of Esthetical Concept of Constitutional State of Nikolai Roerich in Life
// Journal of Foreign Legislation and Comparative Law.
2010. № 2.
DOI: 10.7256/1991-3222.2010.2.57414 URL: https://en.nbpublish.com/library_read_article.php?id=57414
Abstract:
In the present article the authors perform an analyze of Roerich Pact as a document, that settles the principle of priority of protection of cultural values in the period of combat actions. Basic principles of Roerich Pact, that was adopted by twenty one state are recognized in the UN Convention of 1954 «About protection of cultural values in case of armed conflict». Authors reveal the idea of ethics of statehood
Keywords:
Roerich Pact, statehood, constitutional state, Nikolai Roerich, UN Convention