CONSTITUTIONAL LAW
Reference:
Marino I.
Constitutional Law School of the Institute of Legislation and
Comparative Law under the Government of the Russian Federation
in Theory and Practice of Russian Constitutionalism
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 5-15.
URL: https://en.nbpublish.com/library_read_article.php?id=66677
Abstract:
The article highlights the main stages of the formation of the constitutional law school of the Institute of Legislation
and Comparative Law under the Government of the Russian Federation from the 30-s years of the 20th century to the
present. It is shown that the connection between generations of scientists engaged in the constitutional and legal issues
has persisted in the new millennium.
The article reviews the main directions of development of constitutional law schools, which include the development of
the theory of the Constitution and its interpretation, analysis of the constitutional-legal institutions and norms, comparative
law studies of the constitutional development of the modern world.
Profile of the Institute as a state scientific institution that provides legal expertise of bills largely determine that the Institute
has always paid great attention to the legal regulation of individual institutions of constitutional law. Legal institutions,
on which the most attention of scientists constitutionalists was drawn were: Institute of regulation and protection
of the rights and freedoms of man and citizen, the institute of electoral law, institute the federal structure, the division
of powers between the Russian Federation and its subjects, international relations, municipal law, as well as study of the
development of the institutions of constitutional law abroad.
Deep and comprehensive research of issues of constitutional and legal spheres, as set out in the fundamental works of
the Institute greatly influenced the whole process of formation and development of Russian constitutionalism and the
formation of a stable scientific school of constitutional law.
Keywords:
school of constitutional law, constitutional process, constitutional-legal institutions, the development of constitutional law, electoral law, the organization of the federal structure, the migration legislation, the institution of municipal law.
CONSTITUTIONAL LAW
Reference:
Khakimov R.R.
Implementation of the Principle of Separation
of Powers in Uzbekistan
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 16-21.
URL: https://en.nbpublish.com/library_read_article.php?id=66682
Abstract:
Article is devoted to features of the principle of separation of powers and checks and balances system in
Uzbekistan. It provides an analysis of reforms aimed at progressive implementation of the principle of separation of
powers, carried out for this purpose the constitutional innovations in recent years, its nature and importance are disclosed.
The author identifies a number of issues that require scientific and practical discussion and deep scientific and
theoretical study.
Keywords:
the principle of separation of powers, checks and balances system, the legislature, the executive, the judiciary, constitutional reform, strengthening the role and control power of the parliament.
CONSTITUTIONAL LAW
Reference:
Irkhin I.V.
On the Question of the Constitutional Equality
of Indigenous Peoples in Canada
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 22-27.
URL: https://en.nbpublish.com/library_read_article.php?id=66683
Abstract:
This article analyzes the constitution-legal basis of the status of indigenous peoples in Canada: Metis, Indians,
Inuit. The legal status of First Nations is comprehensively examined upon a study of the federal legislation of Canada, acts
of regional level. The importance of judicial practice in the implementation of the legal regulation of the status of indigenous
peoples in Canada is emphasized. Legal approaches on which the identification of status and "no status" Indians
is based are investigated. The facts of recognition by the courts of specific groups of the population of the legal status of
First Nations, including the grounds of the main activities carried out (fishing) are given. Particular attention is paid to the
specifics of legal regulation of the position of metis in the legal system of Canada. The thesis on the impact of the decision
of the Federal Court of Ontario in the case of «Daniels» to ensure the constitutional equality of indigenous peoples are
formulated. It is stated that the judgment "Daniels" is a sure step towards establishing of an environment based on the
principles of respect and recognition of the equivalence of the legal status of the indigenous peoples of Canada.
Keywords:
legislation, law, judicial act, indians, inuits, metis, indigenous people, federal court, equality, legal status
CONSTITUTIONAL LAW
Reference:
Tazhin A.O.
Legal Status of Religious Organizations in the
Russian Federation and the Republic of Kazakhstan:
Comparative – Legal Analysis
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 28-36.
URL: https://en.nbpublish.com/library_read_article.php?id=66684
Abstract:
The subject of this article is the legal status of subjects of law – religious organizations in the Russian Federation
and the Republic of Kazakhstan fixed in legal acts of both countries. From the perspective of comparative
legal approach the legislation regulating the legal status of religious communities of these countries is studied. After centripetal processes of the 90s. of XX century, following the collapse of the USSR, the desire for integration, not
only in the economic sphere, but also in the sphere of collective spiritual safety of the public, which can include religious
security is now growing. The fight against religious extremism is the common task of Russia and Kazakhstan,
requiring joint approaches in the field of legal regulation of the activity of religious associations. In addition, the
relevance of this kind of cooperation for that countries is caused by the presence of historical links between them.
On the basis of comparative legal study of the legal status of religious communities in Russia and Kazakhstan, the
author concludes that the nature and content of the legal status of religious communities in Kazakhstan as a whole
are the same in a similar concept in the Russian Federation. In general, the rights of religious organizations in Russia
are broader than in Kazakhstan. This phenomenon, according to the author’ view, is explained as more liberal approach
from the part of the Russian state to the activities of religious associations generated by the overall process
of the early 90-ies.
Keywords:
legal status, rights, duties, law, constitution, religious associations, agreements, international law.
Reference:
Molotnikov A.E., Heli J., Chinenova A.A.
Main Features of Model Contracts Used in Oil and
Gas Exploration and Production Projects
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 37-46.
URL: https://en.nbpublish.com/library_read_article.php?id=66685
Abstract:
This article describes a typical service contracts and construction contracts for the implementation of projects
for exploration and production of oil and gas on the Norwegian shelf. Since offshore fields are located in the sea, the ongoing
projects are associated with high financial and technological risks. This paper analyzes the typical service contracts and
construction contracts. Exploration and production of oil and gas fields in the North Sea was associated with a variety of
technical and operational risks caused by the harsh climate and deep waters. The authors concluded that for the proper
implementation of projects the performance of large amount of engineering works is required. In this regard, there is a
need to develop a modernized system of submitting orders to make changes to the project work under the contract, and
the system of allocation of risks between the parties.
Keywords:
energy projects, standard contracts, gas, conclusion of the contract, liability, parties to a contract, contract, breach of contract, transaction.
Reference:
Lychenko I.À.
Ukrainian Legal Policy of the Protection of Citizens’
Legal Interests in the Property Field
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 47-53.
URL: https://en.nbpublish.com/library_read_article.php?id=66686
Abstract:
The article presents the analysis of scientific approaches to the definition of legal policy to protect the legitimate
interests of citizens in the field of property and the author's view to the content of this category. The current state and
ways to improve the current legal policy of Ukraine for the protection of the legitimate interests of citizens in the field
of the property are highlighted. The author points out the main factors for improving the effectiveness of legal policy in
Ukraine. The article defines the prospects of developing a single long-term comprehensive strategy of legal reforms in
this area and of improving the legislation of Ukraine regulating the legal status of the subjects of the protection of the
legitimate interests of citizens in the area of the property.
Keywords:
comparative law, interest, protection, policy, legal policy, strategy, legal status, the subject of protection, standards, reform.
Reference:
Solovieva S.V.
Main Trends of the Development of Federation and
States Legislation, Applicable to Nonprofit Organization
in the USA
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 54-59.
URL: https://en.nbpublish.com/library_read_article.php?id=66687
Abstract:
The present article represents the study of development of the federal legislation and the legislation of the
states in the USA, which regulates activities of nonprofit organization. In the modern world nonprofit organization
participates in economic and social activities. The state involves nonprofit legal persons in solution social, cultural and
economic problems. This role of nonprofit organizations requires corresponding legal regulation. Nevertheless the
activity regulation of legal person forms competence of states, the federation organs creates federal legislation, which
regulated nonprofit organizations. In the article the author examines the main trends of development of states and
federal legislation on nonprofit corporations and associations, compares the federal legislation on nonprofit organization
and the legislation of states applicable to the entity transactions, liquidation of nonprofit corporations and associations.
Such research was not carried out before, because the role of nonprofit organizations in the contemporary
life was not significant. The results of the investigation shows the development of the federal legislation and states
legislation applicable to nonprofit organization in the one trend. This trend consists in: formation the federal legislation,
which regulated activities of nonprofit organizations, unification the same states laws, work out a new form of
nonprofit organization.
Keywords:
nonprofit organization, uniform laws, nonprofit corporation, law unification, legal person, association, draft, principles of corporate governance, charity, federal legislation.
Reference:
Sakovich O.M.
Legal Entities in New Legislation of Czech Republic
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 60-65.
URL: https://en.nbpublish.com/library_read_article.php?id=66688
Abstract:
The article is devoted to new civil legislation of Czech Republic. In this article the author examines the background
of the civil law reform and the reasons, why legislators rejected the parallel regulation property relations by the
civil code and the trade code. This refusal fixed the priority of the civil code in the private law of Czech Republic. The author
analyses legislative approaches to regulation legal entities activity by new civil code and trade corporation act. This
new civil laws reflects social and economic trends of the EC legislation. The author concentrates her attention on different
types of legal entities. The matters of issue in this article are corporations, foundations, institutions, partnerships, limited
partnerships, limited liability companies, cooperatives and stock-companies. In the article is researched balance of the
special and general order of creation and liquidation of legal entities, the structure of corporate government.
Keywords:
dualism, private law, reform, new legislation, civil code, trade code, trade corporation act, notion of legal entity, fond, cooperative, partnership.
Reference:
Golskiy D.G., Fadeev M.A.
Transfer of the Right of an Indirect Action in the
Russian Federation – New Solutions, Old Problems
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 66-74.
URL: https://en.nbpublish.com/library_read_article.php?id=66689
Abstract:
This article deals with the problem of transition of the shares and right to claim for damages to the new shareholder,
caused to the Company by its head, as well as the right to challenge transactions entered into by the company.
The authors analyzed the modern Russian legislation and judicial practice. For comparison, the basic tenets of the "rules
of the simultaneous possession", generated in the United States the right, and the approach of UK legislation governing
similar relationship. Going right to the indirect action considered depending on the legal nature of each of the above
requirements.
Keywords:
transfer of claims of shareholders, derivative claims, liability of the management of company.
Reference:
Polyakova V.E.
Preliminary Agreement: Delimitation from Related Legal
Instruments within Russia’s and Germany’s Law
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 75-82.
URL: https://en.nbpublish.com/library_read_article.php?id=66690
Abstract:
The article presents a comparative-legal analysis of the Russian`s and German`s approaches to the delimitation
of the preliminary agreement from the related legal instruments: the letter of intent, the option, the pre-emption
agreement, the framework agreement. The opportunity of use of the offered in doctrine of German law criteria of prior
agreement from these structures in Russia is estimated. For this purpose the author reveals the nature of the rights arising
from the purchase contract, and rights arising from the option in accordance with Russian law. The cases of agreements
on pre-emptive right in accordance with the law in Germany and Russia and options for the legal qualification of such
transactions are considered.
The methodological basis of the article are the traditional scientific and special methods of investigation – dialectical,
formal logic; method of analysis, synthesis, induction, deduction and comparison. Considerable emphasis is placed on the
use of comparative legal method. The author concludes that in Germany and in Russia a similar understanding of the role
and place of the preliminary contract and related legal structures in the civil law system, as well as the grounds for their
differentiation between them are used.
At the same time in Germany the attempts to find the primary differences between the preliminary and option contracts
are made – considered the nature of the emerging law. Undoubtedly permitted to conclude agreements on pre-emptive
right, extensively discussed the legal nature of such agreements and the possibility of their qualifications as preliminary.
The conclusion about the possibility of using Russian developments of German scientists is made.
Keywords:
comparative law, preliminary agreement, letter of intent, option, pre-emption right, framework agreement, German law, Russian law, right of demand, right to alter a legal relationship.
THEORY AND METHODOLOGY OF COMPARATIVE LAW
Reference:
Belokrylova E.A.
On the Role and Significance of the Methodology of
Comparative Law in the Implementation of
Modern Ecological and Legal Research
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 83-88.
URL: https://en.nbpublish.com/library_read_article.php?id=66691
Abstract:
In the present article the author reveals the high academic value of the method of comparative law, as well
as the necessity of its application in the study of a wide range of environmental relations. The main emphasis is on the
methodological aspects of comparative legal analysis not only as a private-scientific method, but also as a science. The
works of leading domestic and foreign legal scholars who have made a significant contribution to the development
of modern comparative law are analyzed. Well-founded conclusions about the need for comparative legal model for
the study of modern environmental law as the youngest and fastest growing industries in the Russian law are made.
The basic performance levels of comparative law – international and national are studied. Macro and micro levels of
practice-application usage patterns of comparative studies in the field of modern environmental law and legislation
are pointed out.The need to examine the environmental and natural resource foreign law and legislation, which is intended to both cognitive
and empirical components is underlined. Certain techniques of organizing and conducting of comparative legal studies
are offered. Formed on the large-scale academic pursuits modern comparative paradigm allows us to conclude that
the current comparative law is a fundamental basis for a wide range of ecological and legal studies lying in different planes
of legal knowledge, a broad cross-sectoral nature of which is confirmed by the study of the characteristics of individual
legal families, systems and branches of law, as well as their institutions.
Keywords:
comparative law, methodology, techniques, private scientific methods, environmental law, environmental legislation, comparative studies, scientific trends, ecological and legal science, scientific paradigm, a comparative legal method.
INTERNATIONAL LAW AND EUROPEAN LAW
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 1.
P. 89-102.
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.
ADMINISTRATIVE LAW AND ADMINISTRATIVE PROCESS
Reference:
Ponomareva K.A.
Prospects for Bankruptcy of Municipalities: Preventive
and Curative Budget Strategies according to the Legislation
of the Federal Republic of Germany
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 103-109.
URL: https://en.nbpublish.com/library_read_article.php?id=66693
Abstract:
Public relations in the areas of financial regulation and municipal law concerning whether the bankruptcy
of the municipality is the essential tool for the German or modern land policies for the prevention of municipal debt
has other ways to make unnecessary bankruptcy are the object of the research. The subject of the research included
the theory and concepts of German financial law on bankruptcy of municipalities; German financial and municipal law
norms; Russian and German judicial practice on disputes related to the issues of solvency municipalities of Germany.
The study is based on comparative legal method which allows to compare similar legal problems in the German and Russian
legislation, and to identify the best ways to resolve them. In view of historical and legal approach article illuminated
the institute of fiscal and legal responsibility in its genesis. Scientific novelty consists in the fact that a comprehensive
study of the institution of bankruptcy municipalities is carried out which is based on the new legislation of the Federal
Republic of Germany. When meaningful approximation to the offence the budget crisis is considered as an offense in
relation to financial equalization. It is set in the charters of the municipalities of all lands as a mandatory rule. Since the
inter-budgetary equalization can not be seen only in the short or long term, we can state the different stages of the critical
budget situation. The question is – how promptly the lands are able to respond to the budget violations?
Keywords:
budget, bankruptcy, municipalities, federation, federal lands, Federal Republic of Germany, the failure of the financial crisis, federal reform, solvency.
ADMINISTRATIVE LAW AND ADMINISTRATIVE PROCESS
Reference:
Barankov V.L.
International Standards and Constitutional Guarantees
of Social Protection of Participants of the Trial
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 110-113.
URL: https://en.nbpublish.com/library_read_article.php?id=66694
Abstract:
The article deals with the issues of social protection of judges on the basis of international standards and constitutional
guarantees of social protection of judges and their families. The author discussed the issue of the independence
of judges at the international level. The article describes the main types of guarantees of social protection which is submitted
to all the judges of the Russian Federation, as well as features of social health and pension of judges, guarantees
of labor rights and rights to housing. The paper analyzes the social aspects of the protection of judges in foreign countries
(England, Lithuania, Spain and so on.). The scientific novelty of the research is to examine the social guarantees of judges
at the international level and in accordance with international standards, the analysis of the principles relating to the independence
of the judiciary and the coordination of social protection of judges. The author of the article marked the gaps
of legal regulation of this area of social security of judges.
Keywords:
judge, social protection of judges, international standards, guarantees of participants, constitutional guarantees, the trial, the principle of judicial independence, the judicial system, pensions of judges, health care of judges.
Reference:
Orel Yu.V.
Development of Ukrainian Legislation on Criminal-Legal
Protection of Normal Functioning of Penitentiary Service
in the Middle of XVII Century
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 114-119.
URL: https://en.nbpublish.com/library_read_article.php?id=66695
Abstract:
The article discusses the historical development of Ukrainian legislation on criminal-legal protection of the normal
activities of the institutions and the penitentiary service in the middle of the XVII century. Such historical monument of the
criminal law which was force in the territory of Ukraine, as Sobornoye Ulozhenie of 1649 is analysed on presence if there is
rules providing criminal responsibility for the escape from the prison and evasion from serving other penalties, such as fines.
Because of the problem that is being studied, has deep historical roots, and it can only be understood in the historical aspect,
in this context, the use of historical and legal method is the most appropriate. The conclusion is that in this period was further
developed the question of liability for evasion from punishment of a fine, and was provided the opportunity to replace it by
other measures. It is also noted that in the Sobornoye Ulozhenie of 1649 year, as in previous historical monuments of the
Ukrainian legislation does not contain rules that would provide for criminal liability for escaping from prison or custody. In the
case of escape they were responsible only for previous crimes, and not subjected to additional punishment for the escape.
Keywords:
replacement of punishment, imprisonment, penitentiary service of Ukraine, escape, Sobornoye Ulozhenie, prison, jail time, criminal-legal protection, evasion from punishment, fine.
Reference:
Radochina T.N.
Responsibility for Trafficking of Prohibited Items
in Prisons of UK
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 120-123.
URL: https://en.nbpublish.com/library_read_article.php?id=66696
Abstract:
The article examines the legal relations arising in the regulation of the transmission, use, storage, and other
acts constituting trafficking in UK prisons. First, the author has studied the regulatory framework of the issue, which in
this country comprises several diverse regulatory sources, including various types of instruction. Secondly, the study paid
attention to objects, drugs and substances illicit to the trafficking in these institutions, classified according to the special
lists (A, B, C). Further, the Institute of criminal liability which is imposed on persons who have committed acts constituting
trafficking of prohibited items or use them inside the prison is analyzed. During the study authors used scientific methods
(dialectics and formal logic, historical and comparative legal analysis, induction and deduction, sociological methods, the
study of the positions and opinions derived from interviews with specialists, content analysis). The scientific novelty of
the research lies in the fact that the author is given a modern analysis of the scope of trafficking of prohibited items and
substances in UK prisons. This study was carried out on the basis of English primary sources: legal acts, scientific literature,
reviews in the press and the media of UK. What is new that is the essence of the system of benefits and privileges,
developed and applied in the penitentiary system of Great Britain, the meaning of which is "earning" of convicted of all
elements forming benefits and comfort, from the basic level and ending with the most preferred.
Keywords:
turnover of the prohibited items, prisons of UK, Lists A, B, C, criminal responsibility, the system of privileges, the basic level, beginner level, standard level, an improved level, flexible system.
Reference:
Radjabova E.Sh.
Institute of Punishment in Muslim Law
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 124-130.
URL: https://en.nbpublish.com/library_read_article.php?id=66697
Abstract:
The article analyzes the legislative and doctrinal views on the institution of punishment in Islamic criminal law and
makes it impossible to find a legal definition of "goals" and "objectives" of punishment inherent in the Islamic state and expands
aspects of influence on Muslim criminal law legal tradition of European law. The attention is focused on the basics of
classical theory of punishment which are reflected in the Quran and the Sunnah of the Prophet Muhammad, constitutional
provisions and norms of the criminal legislation of Yemen, Sudan, Oman, regarding the institution of punishment. As a result
of research the author comes to the following conclusions: 1) the evolution of the criminal law of the Muslim states is not yet
completed and requires further reforms; 2) based on the desire of lawyers to the maximum preservation of the spirit of the
Islamic tradition of law, in which the definitive part received little attention, for modern Islamic jurists it is difficult to define
the concept of punishment and its purposes; 3) the individual punishment is rewarded by both the state and God, and in the
latter case, the penalty is the fact deterrent from committing sin; 4) the main purpose of punishment is legitimate to understand
of which the Islamic law has a specific approach based on the unity of religion and law of Islam.
Keywords:
islamic criminal law, sharia, fiqh doctrine, the purpose of punishment, penalties, classification of punishment "hudud", "qisas", "diya"
Reference:
Kichigin N.V.
Environmental law of USA: a View from the Inside
(Book Review: L.I. Broslavsky Ecology and Environment
Protection: Laws and Practices USA and Russia)
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 131-133.
URL: https://en.nbpublish.com/library_read_article.php?id=66698
Abstract:
The law of the United States is difficult to perceive by domestic researchers for several reasons: the presence
of complex and even confusing system of regulations at the federal, state and municipal level, wide use of the system of judicial precedents and agreements between the various subjects of law, the presence of not always clear at first sight
relationship between different levels of public authorities at the federal, state, county, city levels. Environmental law of
US is undoubtedly of the national interest to scholars and practitioners.
Many of the tools of the US environmental law can be used in the Russian environmental practice, provided that they
adapt to the Russian legal reality, such as environmental audit, economic regulation mechanisms in the field of environmental
protection, best practices in the field of environmental assessment procedures of compensation for environmental
damage.
A considerable scientific importance and practical value presents the monograph of Dr. Lazar Izrail'evich Broslavsky "Ecology
and Environment protection: the laws and Practices United States and Russia", published by publishing house INFRAM
in 2014.
Scientific generalizations and conclusions in the book provided with numerous interesting facts, practical examples of
judicial practice, which makes this scientific publication a very informative and useful to the reader. The review lists the
chapters of the monograph, given their brief assessment. It is concluded that a new scientific study of L.I. Broslavsky is a
valuable publication, which have undoubted scientific and practical value for the Russian reader. The book is written in
accessible language and will be useful for the honored scientist and graduate students taking their first steps in legal science
to law enforcers and practitioners.
Keywords:
environmental law of US monograph, review, comparative law research, environmental control, legal responsibility for environmental violations, environmental expertise.
Reference:
Pysheva E.S.
Legal Regulation of Land Reclamation in Germany
// Journal of Foreign Legislation and Comparative Law.
2015. ¹ 1.
P. 134-140.
URL: https://en.nbpublish.com/library_read_article.php?id=66699
Abstract:
The article explores the German experience of the legal regulation of relations in the field of land reclamation.
The actuality of the topic is due to the economic and social role of reclamation as one of the measures for the
protection of land. Also every year the magnitude of the negative impact of anthropogenic and natural character on
the land of both in Russia and around the world increase. Under these conditions, the experience of Germany, as
one of the most developed European country, which pays great attention to environmental aspects of all production
processes, including agriculture, is of significant interest. The author considers the present state of the legislation on
land reclamation in Germany, as well as a comparative analysis of the legal requirements of the legislation of Germany
and the Russian Federation in the area. The article notes that the reclamation relations in Germany are governed by
different legal acts in the absence of a uniform approach to the regulation of these relations. Special attention in these
acts is given to the consolidation of the order of creation and activity of various associations in the field of rational use
and protection of certain natural resources, one of the functions of which is the land improvements. The author gives
specific suggestions for consideration in the Russian legislation of the existing positive experience of Germany in the
field of land reclamation. On the basis of the analysis of the German legislation the three groups of rules are allocated
which regulate the reclamation relations: norms of the law of protection of the environment, norms of civil law, norms
of tax law. Each group of rules is considered by the example of the most important legal acts that affect various aspects
of the reclamation activities. During analyses of this acts the authors used abstract, logic, formal, legal and comparative
legal methods of scientific knowledge.
Keywords:
land, land reclamation, Germany, European Union law, soil protection, sanitation, protection of forests, land improvement, land reclamation facilities, land.