CONSTITUTIONAL LAW
Reference:
Gadzhjev G.A.
Economic Contents of the Constitution of the Russian Federation
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56617
Abstract:
The article of the Judge of the Constitutional Court of the Russian Federation deals with the constitutional principles underlying a set of constitutional norms (a kind of a subsystem) based on a concept of «economic Constitution» — a theoretical concept explaining the way the Constitution regulates economic relations by means of differently directed approaches: ensuring freedom of economic activities and allowing state interference in the economy. The author focuses on the elements embracing the idea of economic contents of the Constitution; states the core principle of the Constitution — the principle of the freedom of economic activities revealed in a set of economic rights ensured by the Constitution.
The author examines the practical realization of main ideas of the basics of constitutional economic system during 15 years from entering of the Constitution into force: dwells on the interpretation of constitutional principle of equality of admission and protection of private, public, municipal and other forms of property and its fixation within the framework of the Civil Code and other normative acts of the Russian Federation and in practice of Constitutional Court of the Russian Federation. Particular attention is paid to the constitutional principles of social state and rule-of-law state and constitutional aspect of the concept of the law of property on natural resources in the light of their exhaustibility etc.
Key words: economic constitution, constitutional guarantees, freedom of economic activities, constitutional principles, law of property, social state, rule-of-law state, Constitutional Court of the Russian Federation Contact the author: Gadzhjev Vugar Advar ogli gadjievv81
mail.ru
CONSTITUTIONAL LAW
Reference:
Kakimzhanov M.T.
The Nature of Constitutional Rights and Freedoms of Man and Citizen in the Republic of Kazakhstan
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56618
Abstract:
The article deals with certain aspects of the nature of constitutional rights and freedoms of man and citizen in the Republic of Kazakhstan. The author gives their comparative study within the framework of constitutional and other legal provision in force in Republic of Kazakhstan.
Key words: comparative law, constitution, rights, freedoms, men, citizen, legal relationships, restrictions, appeal Contact the author: Kakimzhanov Murat Tursinbaevich kakimjanov
mail.ru
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Bahanenka U.A.
Legal Environment of Real Estate (a Model of Finland)
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56619
Abstract:
The article deals with certain aspects of legal environment of real estate in Finland. The author studies Finnish legislation on real estate and procedure for registration of the title.
Key words: comparative studies, real estate, registration, cadastre, code, district, court, leasehold, list, titles Contact the author: Bahanenka Uladzimir Antonavich redictor
yandex.ru
TOPICAL ISSUES OF PRIVATE LAW REGULATION
Reference:
Kersh Mahdi Hasan
Insurance within the Framework of Sharia
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56620
Abstract:
The article covers attitudes towards insurance within the framework of Sharia under Palestinian law. The author states that Muslim fakihs differ in opinion concerning insurance. Some of them contend that Islam completely forbids insurance, others think insurance is allowed, still others approach a position supporting some kinds of insurance and denying others.
Key words: comparative law, insurance, life insurance, property insurance, Sharia, Palestine, gambling, “dubious contracts”, Islamic legislation
SECURITIES MARKET
Reference:
BOGUSTOV A.A.
Concept of “Security”: Comparative Approach
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56621
Abstract:
The author provides the readers with a comparative study of the concept of “security” fixed by the legislation of the member-states of the Commonwealth of Independent States. Particular attention is paid to the transition from a concept “security — document” to a concept “security — obligation”. The author outlines differences of the concept “security” within the framework of the national legislation as well.
Key words: comparative studies, security, CIS, Poland, Civil, Code, property, document
SECURITIES MARKET
Reference:
GABOV A.V.
Compensatory Schemes (Programmes, Funds) on the Securities Market
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56622
Abstract:
The article deals with urgent issues of protection of the rights of investors on the securities market by means of compensatory schemes (programmes, funds).
Key words: comparative law, securities, capital expenditures, compensation, protection, defense, scheme, fund
SOCIAL POLITICS AND LAW
Reference:
ALEXANDROVA A.V.
Franco-German Model of Social Legislation within the Framework of Globalization
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56623
Abstract:
The article is devoted to the development of Franco-German model of social legislation within the framework of globalization based on the latest normative acts of Germany and France, and international legal instruments on social protection. Particular attention is paid to the changes of the relevant legislation and labour relations of France and Germany within the framework of globalization which, according to the author, negatively affect the functioning of the systems of social protection. The author also takes up tendencies in the labour-market within the framework of globalization, such as the individualization of labour relations, atypical forms of employment, etc.
Key words: comparative law, social legislation, Franco-German model, globalization, labour relations, labour-market, social protection
SOCIAL POLITICS AND LAW
Reference:
ARCHIMANDRITOVA M.A.
Financial Liability of the Parties of Labour Relationship under the Legislation of the Russian Federation and the Republic of Belarus
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56624
Abstract:
In the article the legislation on financial liability of the parties of a labour relationship under the legislation of the Russian Federation and Republic of Belarus is compared with regard to the guidelines provided by the Concept of the Model Labour Code. The author pays particular attention to the generalities of both Labour Codes, facilitating the approximation of the legislation under study of both countries, and the differences preventing such approximation. The guidelines of the Concept of the Model Labour Code and their practical realization within the framework of the national legislation are also touched upon.
Key words: comparative law, Model Labour Code, approximation of the legislation, Russian Federation, the Republic of Belarus, damage, liability, employee, employer, level
DISCUSSING A PROBLEM
Reference:
MARCOU GéRARD
Function of Legal Expertize of the Central Bodies. Comparative Approach
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56625
Abstract:
The article of a prominent French scholar is dedicated to the function of legal expertize of the central bodies that is a procedure of expression of opinions (individually or collectively) for the administrative bodies, authorized to make decisions concerned. The author believes that the function of legal expertize should be separated from the advisory authorities of central and local governments and allocates five forms which legal advisory function of the central bodies can take based on the idea that it can be entrusted to various establishments according to an administrative history of a country. They are: 1) the advisory function related to debatable function within the Council of State; 2) the advisory function, attributed to the collegiate body under the Government; 3) the advisory function attached to authorities of an executive power; 4) the advisory function integrated into a governmental body; 5) special institute under the Government, obliged to carry out legal expertize on its inquiries.
Key words: comparative law, legal expertize of the central bodies, function of legal expertise, the Council of State, Advocate General of the Crown, the collegiate body under the Government, special institute under the Government
NATURAL RESOURCE MANAGEMENT
Reference:
SCHUPLETSOVA Ju.I.
Timber Legislation of Russia, France and Switzerland: a Comparative Approach
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56626
Abstract:
The article is dedicated to urgent issues of elaboration of timber legislation of Russia, France and Switzerland. The author studies the main provisions of the new Timber Code of the Russian Federation, of the Timber Code of the France and The Federal Law on timber resources of Switzerland. The author arrives at a conclusion on applicability of rules and approaches of legislations under study to Russian law.
Key words: comparative law, forests, Russia, France, Switzerland, planting, timber, plants, property, protection
NATURAL RESOURCE MANAGEMENT
Reference:
BELOKRILOVA E.A.
Legal Forms and Methods of Participation of the Public in Preparation, Acceptance and Realization of Decisions on Destruction of Armory: Experience of the United States of America
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56627
Abstract:
The article is dedicated to the legal forms and methods of the participation of the public in solving urgent environmental problems in accordance with the US legislation. Particular attention is paid to the distinctive features of American ecological monitoring at the stage of preparation, acceptance and realization of decisions on destruction of armory. The author describes the leading American non-governmental environmental associations, defines the legal status of the Rehabilitation Advisory Councils, Non-governmental Advisory Commissions and Committees of Public Advisers as public bodies of control and supervision established on the basis of facilities for destruction of nuclear and chemical weapons.
Key words: comparative law, ecological participation of the public, public committees and commissions, nuclear and chemical weapons, public ecological control, disarmament, USA, Freedom of Information Act, SALT 1, SALT 2
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
LAFITSKY V.I.
Levels of Comparative Law
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56628
Abstract:
The article analyses such objects of comparative law as legal space of the world, major legal families, groups and communities of legal systems, forming legal communities, national legal systems, law of international community.
The main lines breaking-up the legal space of the world are different religious traditions. There are families of Christian, Muslim, Hindu, Buddhist, Confucian, Judaic, Shintoist and Heathen legal traditions. The author singles out also the family which is built on the rejection of spiritual (ethical) values and which is in the main characteristic to the totalitarian states.
Next lines breaking-up the legal space of the world into groups and communities of legal systems are predetermined by such factors, as general national and historic roots, structural and functional and style peculiarities of law.
The author describes the processes of formation of new groups and communities of legal systems, specific features in the development of national legal systems, impact of international law on the legal space of the world and on the national legal systems.
Key words: comparative law, legal space of the world, major legal families, groups and communities of legal systems, forming legal communities, national legal systems, law of international community
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
DANILENKO D.V.
On the Importance of a Comparative Analysis in Procedural Law
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56629
Abstract:
The author gives an idea of applying of comparative method of investigation to civil and criminal procedure, arbitration etc., paying particular attention to internal integrity of procedural law. The author focuses on the significance of such analysis for the elaboration of theoretical standpoints of procedural law as well as of its practical leverage. Mutual penetration of different procedural rules (of civil and criminal procedure etc.) and the phenomenon of partial harmonization of procedural law are also touched upon.
Key words: comparative law, civil procedure, criminal procedure, administrative justice, constitutional procedure, harmonization of procedural law, mutual applicability of procedural norms, theory of procedural law, method of comparative analyses
JUDICIAL SYSTEM AND CRIME CONTROL
Reference:
ASTANIN V.V.
International Cooperation of the Russian Federation in the Field of Struggle against Corruption (on the Latest Amendments of the Russian Legislation)
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56630
Abstract:
The article deals with certain aspects of international cooperation of the Russian Federation in the field of struggle against corruption which is one of the mainstreams under international law. The author pays particular attention to the policy of Russian Federation based on the core principle of international cooperation within the framework of multilateral conventions such as the United Nations Convention Against Corruption (October, 31st, 2003) and the Council of Europe’s Criminal Law Convention on Corruption (January, 27th, 1999), as well as agreements with the countries of Commonwealth of Independent States such as the Cooperation agreement of the State Offices of Public Prosecutors of the countries-participants of the Commonwealth in struggle against corruption (April, 25th, 2007).
Key words: comparative law, corruption, corrupt practice, bribery, public prosecutor's office, international cooperation of the Russian Federation, GRECO, UNO, CIS
JUDICIAL SYSTEM AND CRIME CONTROL
Reference:
MENSHIKH A.A.
Criminal Liability for the Violation of Public Order under the Legislation of France
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56631
Abstract:
The article is dedicated to the legislation establishing criminal liability for the violation of public order. The author examines legal acts containing provisions on offences violating public order; sets out corpus delicti and sanctions for the crimes under study.
Key words: comparative law, criminal liability, France, order, sanctions for the crimes, legislation, norms, administrative, by-law
JUDICIAL SYSTEM AND CRIME CONTROL
Reference:
KUBANTSEV S.P.
Legal Environment of Compulsory Settlement of Persons in Residential Psychiatric Facility in Some Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56632
Abstract:
The author pays attention to issues of exemption from criminal liability and compulsory settlement in residential psychiatric facilities. The notion of safety provisions and procedures of such a form of state coercion in some foreign countries are also touched upon.
JUDICIAL SYSTEM AND CRIME CONTROL
Reference:
MUKANOV R.G.
Victimological Aspects of Social and Legal Crime Control in the Republic of Kazakhstan
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56633
Abstract:
The articles deals with one of the key problems of the organization of the modern crime control system — the question of the treatment of the crime victim. Particular attention is paid to the analysis of the factors that influence the extent of confidence of people to law-enforcement bodies. In respect of the infringements of the rights of crime victims on the one hand, and their dissatisfaction with the results of the investigation on the other hand, the author considers that the conditional sentence or probation is possible only when the criminal pays compensation (at least partial) for the damage caused.
Key words: comparative law, victimologie, social and legal control, crime, the Republic of Kazakhstan, law-enforcement bodies, criminal procedure
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
KHLESTOVA I.O.
UNCITRAL Arbitration Rules: Recent Trend
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56634
Abstract:
The article is dedicated to the revision of UNCITRAL Arbitration Rules adopted by the General Assembly of the United Nations Organization on December 15, 1976 (Resolution 31/98). UNCITRAL Arbitration Rules is an effective remedy for the settlement of disputes arising from both commercial and non-commercial contracts. The revision is carried out within the framework of the UNCITRAL Working group on arbitration. The article deals with New rules introduced by Working Group on arbitration. Provisions regarding scope of application of the Arbitration Rules, appointment of arbitrators, arbitral proceedings etc. are investigated.
Key words: comparative law, UNCITRAL Arbitration Rules, revision, appointment of arbitrators, arbitration agreement, arbitration clause, arbitral award, competitive authority, guarantee measures
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
BORISOV I.B., IVAILOVSKIY D.A.
Some Features of Dispute Settlement in the European Court of Human Rights
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56635
Abstract:
The article deal with certain aspects of dispute settlements relating to the exercise of voting rights. Position of European Court of Human Rights is backed by the case «Krasnov & Skuratov v. Russian Federation» on the refusal of a district electoral committee to register Skuratov as a candidate to the State Duma of The Federal Assembly of the Russian Federation. Issues of the correlation between ECHR decisions and the national legal system of Russia are touched upon; particular attention is paid to the degree of the influence of ECHR decisions on the position of a state fixed in its legislation and the position of the state’s supreme enforcement bodies. Certain aspects of dispute settlements relating to the exercise of voting rights in Russia are also investigated.
Key words: comparative law, European Court of Human Rights, voting right, election law, electoral disputes, practice of dispute settlements regarding exercise of voting rights, the Russian Federation
JUDICIAL SYSTEM AND JUDICIAL PRACTICE
Reference:
IVANOVA O.V.
Protection of the Rights of Non-Parties to Civil Procedure under Civil Procedural Law of European Countries and Russia
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56636
Abstract:
The article is dedicated to the problem of protection of the rights of non-parties to civil procedure in Germany, France, England and Russia. The author marks out and analyses German, Romanic and Anglo-Saxon remedies for the named subjects. The author arrives at a conclusion that there is no reason to single out an independent Russian remedy for the non-parties.
Key words: comparative law, civil procedural law, protection of the rights, rights of non-parties to civil procedure, tierce opposition, Russia, German, Romanic and Anglo-Saxon remedies
INTERNATIONAL LAW AND EUROPEAN LAW
Reference:
PLATOSHKIN N.N., VASCHENKOV S.A.
Deportations and Resettlements of Civilians during Military Conflicts
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
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
PAGES OF HISTORY OF STATE AND LAW
Reference:
POPOVA A.V.
Certain Aspects of the Identification of the Western Neoliberalism of the XX-th Century
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56638
Abstract:
The author believes that western neoliberalism can be identified as a kind of political practice by means of the reconstruction of the ontological concept of man and society on the value basis with the help of criteria of public and historical reputation.
Key words: comparative law, neoliberalism, models of western neoliberalism, German model of neoliberalism, individualism, egalitarianism, universalism, ontological model of neoliberalism, value judgments
OBITUARY NOTICES
Reference:
Michel Lesage
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 1.
URL: https://en.nbpublish.com/library_read_article.php?id=56639
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