Reference:
Zaria A.A..
Cross-border corporate agreement: cross-border issues
// Law and Politics.
2022. № 4.
P. 1-13.
DOI: 10.7256/2454-0706.2022.4.37909 URL: https://en.nbpublish.com/library_read_article.php?id=37909
Abstract:
The subject of the study is the legal relations that develop between the participants of a corporate agreement with a foreign element. Due to the specifics of this type of contract, not all types of foreign element lead to a cross-border nature, moreover, the amount of a person's participation in the authorized capital of a corporation matters. The issues of changes in the applicable law leading to the impossibility of execution of the corporate contract and the ways in which it is possible to protect the parties from these adverse consequences are investigated. The article analyzes the consequences of the special "volatility" of a corporate contract, which consists in the fact that it is more susceptible to various changes in the foreign element, in particular, related to the exit of a foreign participant from the corporation, the relocation of the corporation, the redomicilation procedure. The methodological basis of the research is the universal dialectical, logical, formal-legal, hermeneutic research methods. The comparative legal method was also used by involving the practice of conflict-of-laws regulation of the countries of the common system of law and Germany. The novelty of the study lies in the fact that mechanisms have been developed to maintain the balance of interests of the parties to a corporate contract with changes in applicable law, the consequences of relocation and redomicilation of the corporation have been determined, a proposal has been put forward on the amount of the participation share of a foreign participant necessary for the recognition of the contract as cross-border. The main conclusions are the following provisions: when determining the cross-border nature of a corporate contract, it is necessary to apply both a legal and an economic approach; the best way to level the risks of changes in applicable law is a conditional choice of applicable law; to determine the materiality of a foreign element, it is necessary to be guided by the norms of corporate legislation on dependent companies; relocation and redomicilation do not lead to a change in the conflict of laws choice of applicable law.
Keywords:
conflicting choices, participants of the corporate agreement, personal law, redomicile, relocation, foreign element, corporate statute, shareholder agreement, cross-border corporate agreement, corporate agreement
Reference:
Belikova K.M..
Far East in investment relations between Russia and China: current state and prospects (political law aspect)
// Law and Politics.
2019. № 2.
P. 22-29.
DOI: 10.7256/2454-0706.2019.2.28930 URL: https://en.nbpublish.com/library_read_article.php?id=28930
Abstract:
This article examines the general approaches (direct or portfolio investment, signing concessionary agreements) and particular aspects of the investment cooperation between Russian and China in form of investing into the objects of production and infrastructure in the territory of the Russian Far East, based on the fact that currently the development of these territories is one of the top priorities of the Russian Federation. The author provides the examples of “live” investment projects and investment contracts in the area under consideration; and also underlines the factors impeding such cooperation. The scientific novelty is substantiated by the approach, within the framework of which the attention is given to the problematic aspects of Russia-China investment cooperation from the standpoint of methods and prospects of their solution for the advancement of the Russian Far East. It is demonstrated that Russia-China cooperation has the potential, as well as the history; however, the actual steps depend of the intentions of both parties.
Keywords:
infrastructure facility, production facility, concession agreement, portfolio investments, direct investments, investment cooperation, Russia, China, Far East, energy carriers
Reference:
Trofimov E.V..
U. S. Foreign Corrupt Practices Act of 1977 and international law initiatives on global counteraction of corruption: problems of criminalization and administration of questionable operations of transnational corporations during the 1970’s
// Law and Politics.
2019. № 2.
P. 30-48.
DOI: 10.7256/2454-0706.2019.2.29000 URL: https://en.nbpublish.com/library_read_article.php?id=29000
Abstract:
The subject of this research is the regulations of U. S Foreign Corrupt Practices Act of 1977, other acts and official documents of the President of the United States, U.S. Congress, U. S. Securities and Exchange Commission, as well as the United Nations, Organization for Economic Cooperation and Development, International Chamber of Commerce. The author also examines the arguments expressed by the politicians and scholars in the 1970’s – early 1980’s with regards to the Law on Foreign Corruption Practice of 1977. The article analyzes the U. S. Foreign Corrupt Practices Act of 1977 (FCPA) for determining the essence of the established criminal law and administrative rules. The research is conducted in the context of the global anticorruption initiatives and international processes of the 1970’s. The author demonstrates the conceptual and chronological correlation between the domestic lawmaking practice and international anticorruption initiatives of the United States of the 1970’s, aimed at counteracting corruption of the transnational corporations in developing countries.
Keywords:
FCPA, international commercial transactions, bribery, illicit payments, transnational corporations, corruption, UN, OECD, ICC, developing countries
Reference:
Karpovich O.G..
Regulation of international activity of the modern multinational corporations
// Law and Politics.
2017. № 1.
P. 47-58.
DOI: 10.7256/2454-0706.2017.1.21596 URL: https://en.nbpublish.com/library_read_article.php?id=21596
Abstract:
This article is dedicated to the contemporary approaches towards political regulation of the international activity of modern multinational corporations on the institutional level. The object of this research is the international activity of multinational corporations, while the subject is the forms and methods of regulation of their international activity. The goal of this work consists in the attempt to characterize the existing form and methods of regulation of the international activity of multinational corporations (MNCs), as well as assess their efficiency. The author turns attention to the role of the United Nations Conference on Trade and Development (UNCTAD) in regulation of the international activity of multinational corporations, as well as peculiarities of application of the norms and positions of the “Behavioral Code of MNCs” and “Global Compact” of the United Nations. A conclusion is made that the existing forms and methods of normative legal regulation of the modern MNCs are not sufficiently effective, because the majority of them is reduced to encouragement of MNCs towards signing with the nation states of the so-called agreements and contracts, which usually carry a declarative character. At the same time, the voluntarily accepted by the multinational corporations, responsibilities are not mandatory in practice, but rather completely depend on free will of the owners of MNCs. Most of such contracts and agreements (for example, the “Behavioral Code of MNCs”) do not contain sanctions for violation of the norms, and as a result, international mechanism of their application is not expressed, which makes the aforementioned norms recommendatory. This, in turn, leads to the fact that the modern MNCs, with regards to international affairs, avoid control of their activity by the nation states and intergovernmental international organizations.
Keywords:
diplomacy, international relations, global instability, world politics, global information space, geopolitics, interests, state, sequrity, risks
Reference:
Averina K.N..
Forests reserves of Africa
// Law and Politics.
2016. № 6.
P. 735-745.
DOI: 10.7256/2454-0706.2016.6.52646 URL: https://en.nbpublish.com/library_read_article.php?id=52646
Abstract:
In the modern world one of the biggest problems with the forests of the African continent is deforestation. According to the latest research, Africa holds a second place in the world in deforestation. The problem of deforestation is being examined in combination with the consequences of climate change. The author focuses not only on the traditional approaches towards use of forest resources, but also legal regulation of rational use and sustainable development of forests. The author also explores the prospects of development of environmental tourism in a number of countries of the African continent. This work presents the analysis of the main causes for the mass deforestation and a significant decrease in the forestation of the African continent. Traditionally, the state of forest land is assessed on the example of the nations of Fennoscandia, Canada, and the United States. The author’s attempt to analyze the development of the forestry of Africa allows us to become familiar with the traditions and customs of the indigenous people, who use the forest for their everyday life, as well as allows us to evaluate the efficiency of the measures undertaken by the states of the African continent on rational use and sustainable development of the forests.
Keywords:
Forest lands, Forestry department, Indigenous people, Environmental tourism, Non-wood products, National forests, Forest fires, Community zones, Traditional use of forests, International forestry research
Reference:
Erpyleva N.Yu., Klevchenkova M.N..
Concepts and Subjects of Foreign Investments within Investment Law of Russia and Moldova
// Law and Politics.
2015. № 4.
P. 476-490.
DOI: 10.7256/2454-0706.2015.4.52397 URL: https://en.nbpublish.com/library_read_article.php?id=52397
Abstract:
The subject of this research is the categories of foreign investments and foreign investor within international investment law of Russia and Moldova through the prism of three levels of legal regulation – national legislation, bilateral, and multilateral international agreements. Although it is based upon the widely used legal constructs and instruments, the national legislation, which regulates international investments, within the framework of conceptual construct can significantly differ between the country that is the recipient of foreign investments, and the country of the origin of a foreign investor. This situation is very characteristic of Russia’s and Moldova’s legislation that are both current participants of the key integrational process taking place across the post-Soviet space within the framework of CIS. The main conclusions of the conducted research consist in determination of the similar traits and differences within the legal regulation of Russia and Moldova pertaining to the categories of foreign investments (including concepts, types, and forms of investments) and foreign investor (including legal entities, and private parties), reviewed through the prism of the normative acts of international organizations of economic integration.
Keywords:
investing, national legislation, international agreement, foreign investor, foreign investments, international investment law, partnerships, branch, subsidiary, investment fund
Reference:
Aleksandrova E.S..
The events in Ukraine and Crimea:
a problem within international law
// Law and Politics.
2014. № 11.
P. 1691-1701.
DOI: 10.7256/2454-0706.2014.11.52300 URL: https://en.nbpublish.com/library_read_article.php?id=52300
Abstract:
This article is dedicated to the issue of non-compliance with the current international law by all
the member-nations regarding the situation in Ukraine between December 2013 and March 2014. The author
focuses on the policy of non-intervention into the internal affairs of a country, right of self-determination, territorial
integrity and the criteria for a lawful secession. Analyses is conducted on the actions of the participants
are through the prism of decisions of the International Court of Justice about the violations of the precepts,
positions of Russian and foreign researchers, opinions of the European Court judges on the human rights and
International Court of Justice, as well as addresses by the heads of state. The author argues the necessity to
uphold and develop international law by all nations, study and promote secession institution for the purpose
of maintaining international security, balance in international relations, control the internal disintegration
processes and protect the fundamental human rights.
Keywords:
Secession, disintegration, Ukraine, effectiveness, international law, interference, territorial integrity, referendum, Crimea.
Reference:
Shugurov, M.V..
Issues of protecting intellectual property rights within G8
in the context of globalization of innovative development
// Law and Politics.
2014. № 8.
P. 1173-1187.
DOI: 10.7256/2454-0706.2014.8.52246 URL: https://en.nbpublish.com/library_read_article.php?id=52246
Abstract:
The article is devoted to evaluating evolution of the activities of the Group 8 (G8) in the sphere of protection of
intellectual property. The author consequently follows the evolution of the G8 regarding these issues from 1988, noting
appearance of novel nuances, based upon the documents issued by the G8. Special attention is paid to the activities of the
specialized structural divisions formed by the group, such as the Intellectual Property Expert Group. From the point of view
of the author 2007 was a key year for the change, when the issues of intellectual property were recognized among the focal
points of activities of G8, rather than being just facultative issues. As a result the format of Heiligendamm L’Aquila Process
(HAP) was formed, and within its framework the issues of protection of intellectual property rights were united with the issues
of fighting counterfeit and pirated products. The article provides analysis of involvement of the G5 (the group of most
influential developing states) into the discussion of the issues of necessity to consequently comply with the intellectual property
rights. In addition the author shows applied work within the framework of the Group, making a conclusion in the high level of
implementation of the political obligations. As a methodological basis for the analysis of position of G8 states the author uses
understanding of its collective function as a supplier of global public good. In addition, the author views the activities of the
group on further development of intellectual property as means for providing additional guarantees, rather than substituting
the activities of existing international organizations in this sphere. Novelty of the article is due to the complex analysis of the positions of the Group on the issues of value of intellectual property protection in the conditions of globalization of innovative
development. The author substantiates the conclusion that the position of G8 to a great extent defines the growing strictness
of the protection of intellectual property rights, which serves as a basis for the transition from the TRIPS standards to the
TRIPS-plus standards, and these standards do not fully correspond to the positioning of intellectual property institution as
means of achieving global development targets, including those in the sphere of innovative development.
Keywords:
Group 8, globalization, innovative development, intellectual property, counterfeit, developing states, political dialog, global goods, Internet, information society.
Reference:
Pirtskhalava, H.D..
On the issue of qualification of non-contractual
trans-border obligations
(on an example of the Russian Federation and Spain)
// Law and Politics.
2013. № 4.
P. 524-531.
DOI: 10.7256/2454-0706.2013.4.51960 URL: https://en.nbpublish.com/library_read_article.php?id=51960
Abstract:
The issue of qualification in international private law is fundamental.
The doctrine of international private law provides that
qualification is complicated due to the specific features of the
international private law itself. In turn, complicated character
of qualification of non-contractual trans-border obligations by
the author is due to the absence of legitimate definition of noncontractual
obligations, non-uniform character of this type of
obligations, and appearance of new types. In XXI century the
qualification of non-contractual trans-border obligations in
Russia and in Spain has evolved. For example, in Spain there
are provisions for the autonomous qualification of non-contractual
trans-border obligations. In Russia the general quali-
fication rules under the lex fori have not changed. However,
based upon the Draft for the Amendments to the Civil Code of
the Russian Federation some types of non-contractual transborder
obligation (obligations based on inß iction of harm,
obligations based on bad faith negotiations on conclusion of
contract and unjust enrichment) due to their close relation may
be classified as contractual obligations. Evolution of qualification of non-contractual obligations in the Russian Federation
were inß uenced by the following tendencies: the development
of the Russian legislation (in particular, Part VI “International
Private Law” of the Civil Code of the Russian Federation),
as well as the tendency for the harmonization of the Russian
conß ict of laws norms with the conß ict of laws norms of the
EU. In Spain evolution on this matter was based upon the uni-
fication of non-contractual trans-border obligations in the EU
under the EU Rome II Regulation.
Keywords:
jurisprudence, qualification, interpretation, evolution, definition, obligations, law, harmonization, legislation, tendencies.
Reference:
Erpyleva, N.Y..
Organizational and legal forms of trans-border
capital flow in the Russian banking system
// Law and Politics.
2013. № 4.
P. 509-523.
DOI: 10.7256/2454-0706.2013.4.51959 URL: https://en.nbpublish.com/library_read_article.php?id=51959
Abstract:
This article is devoted to the organizational and legal forms
of tarns-border capital flow within the Russian banking system.
The author shows that the main organizational and legal
forms of presence of the foreign banking capital in the Russian
Federation are representative offices of banks and participation
in the capital of the Russian credit organization. In the
latter case, one a specific subject appears, which is a credit
organization with foreign investments. Foreign credit organizations
open their representative offices and participate in the
capital of the Russian credit organizations with the foreign investments
by permission. The author notes that the main speci
fic feature of the modern regulation of participation of the
foreign credit organizations in the banking system of Russia is
a direct prohibition of the filial offices of foreign banks in the
Russian Federation. The author studies trans-border participation
of the Russian credit organizations in the banking systems
of foreign states, which is implemented in the organizational
legal forms of representative offices (subject to notification),
filial offices of Russian credit organizations abroad (subject to
permission), and participation in the registered capital of the
subsidiary bank, which is a non-resident credit organization
(subject to permission).
Keywords:
jurisprudence, bank, filial office, representative office, organization, investment, trans-border, capital, regulation, supervision.
Reference:
Erpyleva, N.Y..
International civil process: institutional normative mechanism
of legal regulation.
// Law and Politics.
2012. № 10.
P. 1707-1750.
DOI: 10.7256/2454-0706.2012.10.51852 URL: https://en.nbpublish.com/library_read_article.php?id=51852
Abstract:
This article includes the key elements of the institutional and
normative mechanism of the international civil process as a
key object of the international procedural law, together with
the international commercial arbitration. The international
procedural law is a branch of the international private law,
which is formed with the norms of national legislation and
international treaties, which regulate procedural relations
with a foreign element, that is the international procedural
relations. The object of international civil procedural law
is the procedural relations regarding the international
commercial disputes in the state courts of different states. The
key elements of the international civil process are analyzed in
this article from the point of view both the national legislation
and the international treaties (both bilateral and multilateral).
They include court jurisdiction on international commercial
disputes, application of injunctions on civil cases and trade
cases with a foreign element, provision of international legal
aid, including recognition and implementation of the foreign
judicial decisions.
Keywords:
jurisprudence, law, the law, treaty, process, claimant, respondent, court, decision, appeal.
Reference:
Erpyleva, N.Y..
International civil process: institutional and normative mechanism of legal regulation.
// Law and Politics.
2012. № 9.
P. 1485-1531.
DOI: 10.7256/2454-0706.2012.9.51825 URL: https://en.nbpublish.com/library_read_article.php?id=51825
Abstract:
This article includes analysis of key elements of the institutional normative mechanism of international civil process as a
key object of international procedural law together with the international commercial arbitration. The international procedural
law is a branch of international private law, which is formed with the norms of national legislations and international
conventions, which regulate procedural relations including the foreign element, that is, the international procedural relations.
The object of international civil procedural law is the procedural relations in the process of international commercial
disputes at the state courts. The key elements of international civil process, which are subject to detailed analysis from both
the standpoint of national and international law, are judicial jurisdiction over international commercial disputes, application
of injunctions on civil and trade-related cases with a foreign element, provision of international legal help, including
recognition and enforcement of foreign judicial decisions.
Keywords:
jurisprudence, law, order, agreement, convention, process, claimant, respondent, court, decision, appeal.
Reference:
Kasatkina, A.S..
Legal grounds for the regulation of international carriage of passengers.
// Law and Politics.
2012. № 3.
P. 515-527.
DOI: 10.7256/2454-0706.2012.3.51716 URL: https://en.nbpublish.com/library_read_article.php?id=51716
Abstract:
This article is devoted to the evaluation of the normative legal bases for the regulation of international carriage of passengers.
Within the framework of this article the authors have detailed analysis of national legal and international legal regulation of carriage
of passengers in various types of transportation: that is by automobile, air, marine and railway transportation.
Keywords:
jurisprudence, law, transportation, carriage, passenger, luggage, contract, custom, legislation, transport, responsibility.
Reference:
Shugurov, M.V..
International legal regulation of transfer of technologies in order to ensure protection and stable use of biological variety: problems and solutions
// Law and Politics.
2010. № 8.
DOI: 10.7256/2454-0706.2010.8.51312 URL: https://en.nbpublish.com/library_read_article.php?id=51312
Abstract:
The article is devoted to the issues of international legal problems of the transfer of biotechnology as instrument for conservation and sustainable use of biodiversity. The author analyses the role and the competence of international organization in the area of biotechnology transfer. The much attention is paid to problems of strengthening of global technological legal order in field of conservation and use of biodiversity
Keywords:
jurisprudence, biological variety, ecology, technological transfer, equality, exchange, development, stability, cooperation, legal order
Reference:
Shugurov, M.V..
Modern scientific and technological process and issues of codifying the law of international responsibility for harmful influences of activities, which are not prohibited by international law
// Law and Politics.
2010. № 2.
DOI: 10.7256/2454-0706.2010.2.51171 URL: https://en.nbpublish.com/library_read_article.php?id=51171
Abstract:
The article is devoted to the international legal nature of responsibility of the states for the harmful consequences of legal activities. Much attention is paid to the various aspects of the problem of codification of material responsibility within the context of new state of global scientific, technological and innovation development. The author then comes to a conclusion that there’s need to codify the international legal regulation of scientific, technological and information turnover, related to the situations of trans-border harm and prevention of such harm.
Keywords:
jurisprudence, law, responsibility, harm, trans-border, compensation, prevention, offence, jurisdiction, risk
Reference:
Stepanova, M.M..
Legal regulation of competition in the USA and the EU states
// Law and Politics.
2010. № 1.
DOI: 10.7256/2454-0706.2010.1.51142 URL: https://en.nbpublish.com/library_read_article.php?id=51142
Abstract:
Development of integration processes in the world economy causes Russia to be more and more deeply involved into the international trade relations. That is why it is necessary to evaluate legal regulation of competition in the US and the EU law. The article includes analysis of anti-dumping legislation at the international level, which helps the author in the complex evaluation of the problem of legal regulation of competition.
Keywords:
jurisprudence, competition, dumping, anti-dumping legislation, material harm, commercial activity, competitive sphere, globalization, foreign economic activity, market of goods
Reference:
Erpyleva, N.Y., Getman-Pavlova, I.V..
Trans-border bankruptcy in international private law
// Law and Politics.
2009. № 11.
DOI: 10.7256/2454-0706.2009.11.51098 URL: https://en.nbpublish.com/library_read_article.php?id=51098
Abstract:
This article is devoted to a number of issues, related to the trans-border bankruptcy. The author analyze the general theoretical problems of international competition law, provide detailed study of national legal regulation and international legal regulation of bankruptcy
Keywords:
jurisprudence, law, bankruptcy, competition, procedure, liquidator, manager, law, contract
Reference:
Malin, Y.S..
Ecological policy of China at the international level.
// Law and Politics.
2009. № 4.
DOI: 10.7256/2454-0706.2009.4.50916 URL: https://en.nbpublish.com/library_read_article.php?id=50916
Abstract:
The article includes author’s review of the ecological policy of China at the international level. The author emphasizes the need for the formation of such policy, analyzes its efficiency, taking the People’s Republic of China as an example, evaluates key directions of such activities.
Keywords: political science, China, politics, globalization, ecology, cooperation, priorities, programs, financing, efficiency
Reference:
Efremova, N.A..
Interaction of legal bases of various levels of economical integration.
// Law and Politics.
2009. № 1.
DOI: 10.7256/2454-0706.2009.1.50829 URL: https://en.nbpublish.com/library_read_article.php?id=50829
Abstract:
Development and intensification of international cooperation lead to larger and larger number of agrements and contracts. One cannot exclude the situation, when the obligations of a state under one international convention do not quite fall within the framework of its obligations under other convention. All of this shows us the problem of correlation and interaction of norms of international conventions.This problem is especially topical in regard to the economical cooperation and economical integration of the states.
Keywords: international cooperation, economical integration, economical cooperation, international conventions and agreement
Reference:
Lunina, D.M..
Some issues related to international legal regulation of trans-border media taking the relations between the Russian Federation and Ukraine as an example.
// Law and Politics.
2008. № 12.
P. 2922-2925.
DOI: 10.7256/2454-0706.2008.12.50793 URL: https://en.nbpublish.com/library_read_article.php?id=50793
Abstract:
Decision of the Ukrainian government to prohibit a number of foreign mass – media (Russian, Chinese, Georgian, Armenian, Israeli, etc.) from November 1, 2008 caused much political uproar both in the Ukraine and abroad. This article by D.M. Lunin is devoted to this topical problem.
Reference:
Rudakova, O.N..
Social and economical development of the modern Russia within the context of globalization.
// Law and Politics.
2008. № 11.
DOI: 10.7256/2454-0706.2008.11.50759 URL: https://en.nbpublish.com/library_read_article.php?id=50759
Abstract:
As the author of this article points out, the Russian economy and civil society have to respond to the challenges of globalization. The place of Russia in the post-industrial world would depend not only on prices on raw materials, but rather on its ability to generate and efficiently implement unique technologies and innovations, which also calls for changes in the existing social and economical policy.
Reference:
Mansurov, G.Z..
International operation at the period of Golden Standard.
// Law and Politics.
2008. № 10.
DOI: 10.7256/2454-0706.2008.10.50709 URL: https://en.nbpublish.com/library_read_article.php?id=50709
Abstract:
The Golden Standard is the monetary system, which takes gold as an universal equivalent, and includes golden coins as well as paper money in the turnover, and the paper money may be exchanged for gold based on a solid rate. The goal of this article is analysis of the system of international operations at the Golden Standard period.
Reference:
Bykov, V.M..
The Prosecution at the preliminary investigation: rights and obligations under the new law.
// Law and Politics.
2008. № 9.
DOI: 10.7256/2454-0706.2008.9.50677 URL: https://en.nbpublish.com/library_read_article.php?id=50677
Abstract:
This article by V.M.Bykov includes critical analysis of changes in the status and powers of the Prosecutor within the framework of preliminary investigation under the latest changes in the Criminal Procedural Code of the Russian Federation.
Reference:
Dovgopolov, E.Y..
On economical security of the Russian Federation in the sphere of international migration of the people.
// Law and Politics.
2008. № 8.
DOI: 10.7256/2454-0706.2008.8.50600 URL: https://en.nbpublish.com/library_read_article.php?id=50600
Abstract:
It is predicted that by 2050 the population of Russia shall fall by 30 per cent and shall be about 101,9 million people, which, in turn may cause serious problems for Russia, since the population of the neighboring states shall only grow, and the problems may include great migration pressure. At the same time in order to retain stable population Russia should annually accept about 500 000 immigrants. What is to be done to ensure security of Russia in this aspect?
Reference:
Dorfman, M..
Legal aspects of extradition of persons from Israel to Russia.
// Law and Politics.
2008. № 6.
DOI: 10.7256/2454-0706.2008.6.50566 URL: https://en.nbpublish.com/library_read_article.php?id=50566
Abstract:
In this article by M. Dorfman, one may find the general characteristics of how Israeli law defines the matter of extradition of criminals, and the author also provides a rather detailed study of legal aspects of extradition from Israel to the Russian Federation, giving a number of examples of particular judicial cases, which took place in Israeli courts starting with the year 2000…
Reference:
Nikiforov, V.A..
The harmonization of the national legislations in the sphere of intellectual property protection.
// Law and Politics.
2008. № 5.
DOI: 10.7256/2454-0706.2008.5.50534 URL: https://en.nbpublish.com/library_read_article.php?id=50534
Abstract:
From the moment of its formation the intellectual property law developed as complex system, which included mostly international legal norms, which in turn defined the key issues of legal regulation in order to create a universal international legal regulation regime. This article by V.A. Nikiforov addresses the topical problems of harmonization of the national legislations in this sphere within the framework of the Agrement of Trade Related Aspects, of Intellectual Property Rights, Including Trade in Counterfeit Goods – TRIPS and other international conventions…
Reference:
Delev, D.I., Mishunina, A.A..
On the issue of limitations to human rights and freedoms of foreign citizens in regional legislation
// Law and Politics.
2008. № 4.
DOI: 10.7256/2454-0706.2008.4.50484 URL: https://en.nbpublish.com/library_read_article.php?id=50484
Abstract:
The constituent subjects of the Russian Federation try to establish their own provisions for the regulation of relations concerning the presence of foreign citizens on their territories. What is their practice and is it in accordance with international and constitutional standards?
Reference:
Efremova, N.A..
Legal aspects of the international economical integration within the context of the national interests of the Member States
// Law and Politics.
2008. № 3.
DOI: 10.7256/2454-0706.2008.3.50446 URL: https://en.nbpublish.com/library_read_article.php?id=50446
Abstract:
No state can fully develop without foreign economic relations. Having understood the urgent need for development in this sphere, from the 1991 on the Russian Federation took new legal measures in order to regulate its foreign economic activities, taking into account both international and Russian experience. The main goal of formation of the legal means of regulation of the foreign economic activity is to ensure the national interests in this sphere.
Reference:
Parkhomenko, S.A..
The USA and the Shanghai Cooperation Organization: partnership and competition in the Central Asia
// Law and Politics.
2008. № 3.
DOI: 10.7256/2454-0706.2008.3.50445 URL: https://en.nbpublish.com/library_read_article.php?id=50445
Abstract:
The current negative tendencies in the international relations, together with inability of the UN to provide adequate and timely reaction to there tendencies, provide the basis for the need to form new regional organizations and unions in order to guarantee the stability on a particular territory. The Shanghai Cooperation Organization is one of the organizations, which was formed to deal with these challenges and threats. What is the relationship between the SCO and the USA?
Reference:
Ilyashev, K.S..
Practice of application of anti-dumping measures in the USA related to the Russian uranium products.
// Law and Politics.
2007. № 10.
P. 46-51.
DOI: 10.7256/2454-0706.2007.10.50300 URL: https://en.nbpublish.com/library_read_article.php?id=50300
Abstract:
According to the estimations provided by the Ministry of Economic Development and Commerce of the Russian Federation the losses due to the anti-dumping measures on Russian uranium products is about 175 million US dollars. At the same time part of the income from uranium sales in the USA comes to the state budget, being about 20% of non-tax incoming funds. This article contains detailed characteristics of anti-dumping measures against Russian uranium products in the USA, as well history of the issue.
Reference:
Abdulvares, M.A..
Implementation of international legal norms related to human rights in legislation of the Republic of Yemen
// Law and Politics.
2007. № 7.
P. 80-83.
DOI: 10.7256/2454-0706.2007.7.50223 URL: https://en.nbpublish.com/library_read_article.php?id=50223
Abstract:
This article is devoted to the problems of implementing the international legal norms on human rights in the Republic of Yemen. The author studies both the general theoretical issues and analyzes the practice and national legislation on this issue.
Reference:
Medvedeva, N.N..
Political goals, options and conditions for realization of the gas cartel project.
// Law and Politics.
2007. № 6.
P. 91-101.
DOI: 10.7256/2454-0706.2007.6.50203 URL: https://en.nbpublish.com/library_read_article.php?id=50203
Abstract:
One of the ways to ensure the long-term strategic interests of Russia may be the so-called “gas cartel”, and its various perspectives literally “exploded” the political discourse in 2006. This article concerns itself with both the history of the issue and the possible vectors of its development. One of the issues concerned would be the possibilty to use the gas cartel as a political pressure instrument… Such a possibility is recognized both by the Russian and the Western political elites alike.
Reference:
Malakhova, N.L..
International legal position of France towards the definition and width of the territorial sea.
// Law and Politics.
2007. № 6.
P. 102-108.
DOI: 10.7256/2454-0706.2007.6.50204 URL: https://en.nbpublish.com/library_read_article.php?id=50204
Abstract:
The new international maritime law and the French doctrine on territorial sea developed in close relaton. The position of France in this sphere is particularly interesting, since it reflects the tendencies concerning both the position of nation states at the international conventiosn, and the individual interests of France, as a state, which actively uses sea and its resources.
Reference:
Malenko, V.S..
Land relations with a foreign element.
// Law and Politics.
2007. № 6.
P. 109-115.
DOI: 10.7256/2454-0706.2007.6.50205 URL: https://en.nbpublish.com/library_read_article.php?id=50205
Abstract:
Securing land interests of investors plays an important role on stabilizing foreign investments in the Russian Federation. It especially concerns the non-agricultural sphere, where the land serves as a basis for various objects of the deals with the foregn investors…
Reference:
Afanasieva, V.I..
Innovations in industrial production and law of the Western Europe and Russia (XV – XIX centuries).
// Law and Politics.
2007. № 3.
P. 86-94.
DOI: 10.7256/2454-0706.2007.3.50137 URL: https://en.nbpublish.com/library_read_article.php?id=50137
Abstract:
In relations related to production sharing agreements, the powers of the State as a subject of ownership of the subsoil are closely intertwined with its prerogatives of a public authority, a sovereign guarantor and defender of the subsoil, ensuring their inalienable, inalienable nature, their safety and rational use. As a result, elements of public law relations related to the special regime of subsurface use inevitably fall into the orbit of the production sharing agreement, become an integral part of the agreement along with the civil relations of the parties.
Reference:
Nikolaev, A.V., Petchenko M.A..
Offshore financial centers and maritime activities.
// Law and Politics.
2006. № 9.
DOI: 10.7256/2454-0706.2006.9.50034 URL: https://en.nbpublish.com/library_read_article.php?id=50034
Abstract:
As the authors note, in spite of the presence of anti-offshore measures in the modern international law, it is quite clear that international offshore business is a reality of modern international economy, which is an evidence of competetiveness of national economies and tax systems in the sphere of lowering the tax burden and attracting investments. It is likely that in the future the offshore finance centers shall be developing, rather than decreasing…
Reference:
Novikova, S.N..
International cooperation in the sphere of power industry between the Power Industry Council of the CIS and international organizations, large international companies.
// Law and Politics.
2006. № 7.
P. 53-67.
DOI: 10.7256/2454-0706.2006.7.50001 URL: https://en.nbpublish.com/library_read_article.php?id=50001
Abstract:
After the breakup of the Soviet Union and formation of 15 independent states within its territory the problem of international cooperation in the sphere of power industry and its normative regulation became extremely topical. So, from the point of view of cooperation and due balance among the power industries of various states, it is rather interesting to study the cooperation between the international regional power industry organization – The Power Industry Council of the CIS and other similar organizations, as well as the transnational power companies.
Reference:
Popov, M.S..
Activities of the international economic organizations related to formation of international legal norms.
// Law and Politics.
2006. № 7.
P. 68-74.
DOI: 10.7256/2454-0706.2006.7.50002 URL: https://en.nbpublish.com/library_read_article.php?id=50002
Abstract:
Constant growth of importance of international economic organization in the process of formation of international legal norms forms new problems to be studies by legal scholars, such as which forms of participation of international economic organizations in international legislative process are the most effective, how their competence should be widened, and what are the borders of their “implied competence” and “immanent competence”…M.S. Popov studies these problems in his article.
Reference:
Novikova, S.N..
Historical, political and legal peculiarities of formation of the Power Industry Council of the Commonwealth o of Independent States.
// Law and Politics.
2006. № 5.
P. 104-115.
DOI: 10.7256/2454-0706.2006.5.49980 URL: https://en.nbpublish.com/library_read_article.php?id=49980
Abstract:
This article by S.N. Novikova is devoted to analysis of topical issues of cooperation of the NIS countries in the sphere of power industry. As the author notes, based on the example of the NIS, one may speak of new legal bonds between the states, which voluntarily accept international obligations and transfer part of their sovereign rights to the international power industry organization.
Reference:
Mazarchuk, D.V..
Views of conservative revolutionaries of the Weimar Germany on state and law.
// Law and Politics.
2005. № 6.
P. 73-81.
DOI: 10.7256/2454-0706.2005.6.49786 URL: https://en.nbpublish.com/library_read_article.php?id=49786
Abstract:
The very atmosphere of the after-war Germany called for nationalistic ideas based on the revenge for the loss in the war. This article is devoted to the study of the complex of ideas, which came into being and existed in Weimar Germany (and also in the years of Nazi power), and was related to restoring the ideological and political potential of the country after the war. Author comes to a conclusion that conservative revolutionaries came very close to the national-socialism, and only a thin line was between them and the anti-human ideology of the “thousand years old reich”.
Reference:
Zvonareva, O.S..
Globalization and interaction between civilizations: political and legal aspects.
// Law and Politics.
2005. № 5.
P. 78-85.
DOI: 10.7256/2454-0706.2005.5.49769 URL: https://en.nbpublish.com/library_read_article.php?id=49769
Abstract:
Globalization processes influence individuals and peoples, states and civilizations, and it is no surprise that globalization becomes one of the most topical issues in many social sciences. The author of this article expresses her own position on how globalization shows itself in political and legal spheres, explains how the new phenomena of global (world) power come into being, how they are influenced by cultural and civilization factors, and most of all by role of the Western civilization, reviews the role of the Western concept of the human rights and of “global law”.
Reference:
Erpyleva, I.Y..
International commercial law: current trends of development (Continued from «Law and Politics» №11, 2004).
// Law and Politics.
2005. № 1.
P. 72-93.
DOI: 10.7256/2454-0706.2005.1.49701 URL: https://en.nbpublish.com/library_read_article.php?id=49701
Abstract:
In this article N.Y. Erpyleva reviews the sources of the international commercial law, nature and forms of international commercial contracts, their key provisions, responsibility of the parties for breach of contract in accordance with the Vienna Convention of 1980 (CISG), types of contracts in accordance with the INCOTERMS 2000. The article also contains analysis of court practice and arbitration practice in the sphere of the international commercial law.
Reference:
Musatkina, A.A..
Goals of financial responsibility as category of goals of financial legal policy.
// Law and Politics.
2004. № 12.
P. 77-82.
DOI: 10.7256/2454-0706.2004.12.49684 URL: https://en.nbpublish.com/library_read_article.php?id=49684
Abstract:
No state can function efficiently without well-balanced financial relations. Well-balanced financial relations, in turn, call for adequate provisions on financial responsibility. Author of this article studies positions of a number of authors related to this issue, elaborates on how the goals of financial responsibility are reflected in the Russian legislation, offers her own classification of the goals of financial responsibility.
Reference:
Koldin, A.V..
Principles of classification and methods of decoding sources of criminalistic information.
// Law and Politics.
2004. № 12.
P. 68-77.
DOI: 10.7256/2454-0706.2004.12.49683 URL: https://en.nbpublish.com/library_read_article.php?id=49683
Abstract:
Traditional criminal evidence classification divides evidence into two categories: original and derivative. The goal of this publication is to provide reasoning for additional categories of classification of criminalistic information, and typifying the methods of decoding accordingly. Author offers to single out “mixed” sources, which can be found in cases, when universal means of fixation and multi-step transformation of signal are used (for example, in case of processing a digital picture, while changing its colors, etc). Author also studies the problem of typifying the methods of decoding, singles out three main types, evaluates various methods.
Reference:
Kananykina, E.S..
Phylosophical traditions of analysis of sources (forms) of law.
// Law and Politics.
2004. № 12.
DOI: 10.7256/2454-0706.2004.12.49682 URL: https://en.nbpublish.com/library_read_article.php?id=49682
Abstract:
Sources (forms) of law embody rights and freedoms of an individual and a citizen, ensure their reality for all the people, their independence of the opinions of particular subjects of law, their legal protection. E.S. Kananykina’s article is devoted to analysis of customs, laws and other sources of law, which, as the author notes, are not just the means for the recognition of existing law, but rather one of the necessary factors of lawmaking. The author also studies correlation of law and morals, law and custom, etc. The article contains the study of legal positions of a number of phylosophers, devoted to the issues of sources (forms) of law.
Reference:
N.Yu.Erpyleva.
International commercial arbitration in private international law: problems and prospects of modern development (end).
// Law and Politics.
2004. № 5.
P. 73-85.
DOI: 10.7256/2454-0706.2004.5.49535 URL: https://en.nbpublish.com/library_read_article.php?id=49535
Reference:
N.Yu.Erpyleva.
International commercial arbitration in private international law: problems and prospects of modern development.
// Law and Politics.
2004. № 4.
P. 51-67.
DOI: 10.7256/2454-0706.2004.4.49514 URL: https://en.nbpublish.com/library_read_article.php?id=49514
Reference:
V.A.Trapeznikov.
Some problems of protecting the rights of foreign owners from non-commercial risks in international investment law.
// Law and Politics.
2004. № 4.
P. 68-74.
DOI: 10.7256/2454-0706.2004.4.49515 URL: https://en.nbpublish.com/library_read_article.php?id=49515
Reference:
B.B. Samarkhodzhaeva.
Some issues of guarantees and measures to protect the rights of foreign investors.
// Law and Politics.
2003. № 8.
P. 91-95.
DOI: 10.7256/2454-0706.2003.8.49383 URL: https://en.nbpublish.com/library_read_article.php?id=49383
Reference:
N.Yu. Erpyleva.
International transport obligations: the main problems of legal regulation (end).
// Law and Politics.
2003. № 4.
P. 63-84.
DOI: 10.7256/2454-0706.2003.4.49313 URL: https://en.nbpublish.com/library_read_article.php?id=49313
Reference:
N. Yu. Erpyleva.
International transport obligations: the main problems of legal regulation.
// Law and Politics.
2003. № 3.
P. 83-93.
DOI: 10.7256/2454-0706.2003.3.49296 URL: https://en.nbpublish.com/library_read_article.php?id=49296
Reference:
I. V. Ryakhina.
Features of the principles of cooperation between states in the field of electric power industry: classification and legal content.
// Law and Politics.
2003. № 3.
P. 93-108.
DOI: 10.7256/2454-0706.2003.3.49297 URL: https://en.nbpublish.com/library_read_article.php?id=49297
Reference:
B. E. Frumkin.
Legal regulation of the agricultural land market in the countries of Central and Eastern Europe in the conditions of their accession to the European Union.
// Law and Politics.
2002. № 12.
P. 39-42.
DOI: 10.7256/2454-0706.2002.12.49242 URL: https://en.nbpublish.com/library_read_article.php?id=49242
Reference:
I. V. Ryakhina.
Features of the legal status of international organizations in the field of electric power industry.
// Law and Politics.
2002. № 11.
P. 60-70.
DOI: 10.7256/2454-0706.2002.11.49228 URL: https://en.nbpublish.com/library_read_article.php?id=49228
Reference:
E. F. Nurmuhametova.
Definition and Principles of International Ecological Law and Order.
// Law and Politics.
2002. № 4.
P. 99-107.
DOI: 10.7256/2454-0706.2002.4.49078 URL: https://en.nbpublish.com/library_read_article.php?id=49078
Reference:
M. D. Tovmasjan.
Chicago Convention of 1944 on the International Civil Aviation: Changes are Necessary.
// Law and Politics.
2001. № 11.
P. 104-109.
DOI: 10.7256/2454-0706.2001.11.48966 URL: https://en.nbpublish.com/library_read_article.php?id=48966
Reference:
G. M. Zukov.
Investment Climate in the Russian Federation and Ways of Its Improvement by Legal Means.
// Law and Politics.
2001. № 1.
P. 115-122.
DOI: 10.7256/2454-0706.2001.1.48736 URL: https://en.nbpublish.com/library_read_article.php?id=48736
Reference:
I. V. Lukshin.
Where the Roads are Going from the Black Sea Straits?
// Law and Politics.
2000. № 11.
P. 112-117.
DOI: 10.7256/2454-0706.2000.11.48694 URL: https://en.nbpublish.com/library_read_article.php?id=48694
Reference:
D. K. Labin.
International Law Regulation of Investment Relations (Historical Essay).
// Law and Politics.
2000. № 9.
P. 84-92.
DOI: 10.7256/2454-0706.2000.9.48649 URL: https://en.nbpublish.com/library_read_article.php?id=48649
Reference:
A. A. Prikazchikov.
Mechanism of settlement of disputes in the Universal Trade Organization.
// Law and Politics.
2000. № 6.
P. 55-65.
DOI: 10.7256/2454-0706.2000.6.48596 URL: https://en.nbpublish.com/library_read_article.php?id=48596
Reference:
V. A. Gorlov.
Derivative suit in the system of foreign comparative law.
// Law and Politics.
2000. № 5.
P. 99-104.
DOI: 10.7256/2454-0706.2000.5.48583 URL: https://en.nbpublish.com/library_read_article.php?id=48583
Reference:
D. K. Labin.
Role of Russia in international-jurisdictional regulation of investment relations.
// Law and Politics.
2000. № 3.
P. 66-73.
DOI: 10.7256/2454-0706.2000.3.48542 URL: https://en.nbpublish.com/library_read_article.php?id=48542
Reference:
S. A. Grigoryan.
Agreement on investment measures connected with Trade (TRIMS) Systems of International Security.
// Law and Politics.
2000. № 3.
P. 74-77.
DOI: 10.7256/2454-0706.2000.3.48543 URL: https://en.nbpublish.com/library_read_article.php?id=48543
Reference:
S. A. Grigoryan.
Organization-legal evolution of the General Agreement on Tariffs and Trade.
// Law and Politics.
2000. № 2.
P. 90-97.
DOI: 10.7256/2454-0706.2000.2.48530 URL: https://en.nbpublish.com/library_read_article.php?id=48530
Reference:
A. E. Belyaev.
Principles of international law in the sphere of turnover of diamonds.
// Law and Politics.
2000. № 1.
P. 105-110.
DOI: 10.7256/2454-0706.2000.1.48515 URL: https://en.nbpublish.com/library_read_article.php?id=48515