Reference:
Bogolyubov S.A., Elyubaev J.S..
Dialog between S.A. Bogolyubov
and J.S. Elyubaev about the Russian
and Kazakhstan Experience
// Journal of Foreign Legislation and Comparative Law. – 2012. – № 4.
– P. 101-108.
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Abstract: Advantages and disadvantages of ratification ant realization of Ochruss Convention concerning access to environmental
information and justice in environmental sphere are revealed in the discussion of two professionals.
Keywords: Ochruss Convention, usage of natural resources, public, citizen, society, state, land usage.
References:
Reference:
O.O. Salagay.
Measures Counteracting Tobacco Consumption
in the European Union Law
// Journal of Foreign Legislation and Comparative Law. – 2011. – № 5.
– P. 76-84.
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Abstract: This article is focused on the research of legislative measures took to combat tobacco consumption in the European
Union law. The results showed that the main lines along which the regulation of tobacco consumption in the EU
is realized were: setting proper requirements to tobacco products, their packaging and labeling, the prohibition of cross–
border advertising and sponsorship of tobacco, the change in agricultural policy on tobacco, tax policy, the creation of
tobacco–free environment, and prevention of illicit trade of tobacco products. Several proposals to improve the relevant
legislation of the Russian Federation were also made by author.
Keywords: European law, tobacco, comparative law.
References:
Kontseptsiya vneshney politiki RF (utv. 12.07.2008 № Pr–1440) // SPS «Konsul'tant–Plyus».
Doklad Obshchestvennoy palaty RF «Tabachnaya epidemiya v Rossii: prichiny, posledstviya, puti preodoleniya» // http://www.oprf.ru/ru/documents/ Data dostupa: 12.08.2010.
C–304/01 Spain v Commission [2004] ECR I–0000.
Case 265/87 Schröder [1989] ECR 2237.
Case C–11/92– The Queen v Secretary of State for Health, ex parte Gallaher Ltd, Imperial Tobacco Ltd and Rothmans International Tobacco (UK) Ltd.
Case C–110/97 Netherlands v Council [2001] ECR I–8763.
Case C–210/00 Küserei Champignon Hofmeister [2002] ECR I–6453.
Case C–210/03 – The Queen, on the application of: Swedish Match AB and Swedish Match UK Ltd v Secretary of State for Health.
Case C–280/93 Germany v Council [1994] ECR I–4973.
Case C–293/97 Standley and Others [1999] ECR I–2603.
Case C–350/92 Spain v Council [1995] ECR I–1985.
Case C–359/92 Germany v Council [1994] ECR I–3681.
Case C–376/98 Germany v.
Reference:
D.S. Demchuk.
Approaches to Evaluation of Effectiveness
of Regulatory Acts: Regulatory Impact
Assessment as an Alternative to the Project
«Doing Business».
// Journal of Foreign Legislation and Comparative Law. – 2011. – № 2.
– P. 90-94.
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Abstract: The article regards different approaches to the assessment of regulations and existing methods of assessment,
in particular, the World Bank’s project "Doing Business” and regulatory impact assessments of the OECD examining
their advantages and disadvantages.
Keywords: economic efficiency of law, Regulatory Impact Assessment, financial justification.
References:
Georges Terrier. Jeantet Associes. Le droit et la regulation dans l’efficacite economique, le developpement et la croissance, 2007.
Arnaud Raynouard. Faut–il avoir recours a l’analyse economique du droit (AED) pour assurer l’efficacite economique du droit? Dans Revue de la recherchjuridique prospectif. 2008–5 № spécial.
Reglament Gosudarstvennoy Dumy RF ot 22 yanvarya 1998 g. № 2134–II GD. SPS «Konsul'tant Plyus».
http://www.ir–pep.ru/analytics/feo/pdf/feo_zakonoproectov.pdf
http://www.doingbusiness.org/
http://www.economy.gov.ru/minec/activity/sections/ria/inde
Reference:
O.O. Salagay.
Human Organs and Tissue Transplantation
in the International and Comparative Legal Aspects.
// Journal of Foreign Legislation and Comparative Law. – 2011. – № 1.
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Abstract: This article is focused on characterization of international legal regulation of human organ and tissue
transplantation and also on common approaches to resolution of several topic questions of transplantation on the
national legislative level. In virtue of the analysis performed author made several proposals both for amelioration of
national legislation of the Russian Federation and corresponding international agreement preparation.
Keywords: international law, comparative law, transplantation, public health, tissues, organs, death, donation, consent, biomedicine.
References:
Reference:
Khataeva M.A..
Responsibility Differentiation of Internet–Providers for Violation of Intellectual Rights on the Results of Intellectual Activity in the Internet
// Journal of Foreign Legislation and Comparative Law. – 2010. – № 1.
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Abstract: The article deals with the classification of internet service providers, as subjects of legal relations arising in the Internet, which means the performance of its functions get (create) certain results, using with which should be carried out in the limits established by corresponding rules of law. The differentiation of internet–providers depending on functions carried out by them has practical value for definition of subjects of a legal liability of infringement of the intellectual rights to results of intellectual activity on the Internet
Keywords: Internet, the internet–provider, the intellectual rights, responsibility, infringement of copyrights
References:
Reference:
Fake F.F..
The Role of International Law Regulation in Ensuring Freedoms and Rights
// Journal of Foreign Legislation and Comparative Law. – 2009. – № 3.
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Abstract: The paper investigates the relationship and interaction of international law and international standards to domestic law in protecting human rights and freedom. The role of constitutions in resolving conflicts between norms of national and international regulatory rights and freedom. To this end, the authors conducted a comprehensive analysis of the Constitution of the Republic of Kazakhstan and a number of international acts
Keywords: international law, constitution, human rights, international treaty
References:
Reference:
Fake F.F..
Procedures for the Implementation of International Principles and Norms in National Legislation on Human Rights
// Journal of Foreign Legislation and Comparative Law. – 2009. – № 3.
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Abstract: This article describes the procedure of implementation, analysis of relations between the concepts "Implementation" and "transformation". Furthermore, the author analyzes the relationship of international treaties of the Republic of Kazakhstan with the national legislation. Considerable attention is paid to the article in the issuance of international treaties of the Republic of Kazakhstan
Keywords: international law, constitution, human rights, international treaty, implementation, transformation
References:
Reference:
Fake F.F..
Implementation of International Principles and Norms in National Legislation on Human Rights
// Journal of Foreign Legislation and Comparative Law. – 2009. – № 3.
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Abstract: The article examines the approaches of contemporary international law to the concept and content of the implementation of the principle of protection of human rights in national laws of different states. A detailed analysis of the constitutional protection that the principle of human rights in the Constitution of Russia in 1993 through the implementation of universally recognized principles and norms of international law into domestic law. Theoretical analysis of the concept of "implementation" of international law is based on a study of a large number of Russian and foreign sources
Keywords: Implementation; international law, domestic law, human rights, international law, constitution
References:
Reference:
Inkeri Anttila.
Control without repression?
// Journal of Foreign Legislation and Comparative Law. – 2009. – № 2.
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Abstract: The article deals with the idea of possibility of crime control without repression. The author examines the question from different points of view: in the aspect of organization of prisons within the scope of creation of prison institutions of a new type (the author analyses the functions of the prisons — general prevention etc.); trying to find a kind of a punishment that is less repressive than imprisonment and in terms of creation of a new society where the crime is (almost) fully controlled by new means, such as: informal control used instead of a formal control; system of positive sanctions (reward of law-abiding persons etc.) and so on.
Key words: comparative law, criminal justice, repression, punishment, prison, involuntary treatment, system of positive sanctions
Keywords:
References:
Reference:
MARCOU GéRARD.
Function of Legal Expertize of the Central Bodies. Comparative Approach
// Journal of Foreign Legislation and Comparative Law. – 2009. – № 1.
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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
Keywords:
References:
Reference:
Fake F.F..
Principle of Availability of Information about Civil Service: Reality or Fiction?
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 3.
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Abstract:
Keywords:
References:
Reference:
..
Problems of Improving International Private Law
// Journal of Foreign Legislation and Comparative Law. – 2008. – № 2.
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Abstract: The authors show the prospects of future development of international private law in the modern globalized world.
Keywords:
References:
Reference:
..
The Role of an Independent Legal Profession in Establishing and
Upholding the Rule of Law
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 4.
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Abstract:
Keywords:
References:
Reference:
..
Independence of the Judiciary and of the Legal Profession
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 4.
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Abstract:
Keywords:
References:
Reference:
..
The Independence of the Judiciary
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 4.
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Abstract:
Keywords:
References:
Reference:
..
Impact of the Simutenkov Case on the Development of the Principle of Direct Force of European Law
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 3.
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Abstract:
Keywords:
References:
Reference:
Fake F.F..
Collision Regulation and Private Law Relations with Foreign Elements.
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 2.
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Abstract:
Keywords:
References:
Reference:
Fake F.F..
The Criteria of Creativity as a Condition for Legal Protection of Computer Programs.
// Journal of Foreign Legislation and Comparative Law. – 2007. – № 1.
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Abstract:
Keywords:
References:
Reference:
Fake F.F..
Separation of Powers in a Federative State in the Light of Foreign
Experience and Traditions of the Russian Federation
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 4.
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Abstract:
Keywords:
References:
Reference:
Fake F.F..
Foreign Experience of Separation of Powers Between Federation and Member States of Federation
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 4.
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Abstract:
Keywords:
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Reference:
Fake F.F..
Theoretical and Methodical Problems of Comparative
Jurisprudence: An Attempt of Actualization and Several
Reflections.
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 3.
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Abstract:
Keywords:
References:
Reference:
Fake F.F..
Cogitations on the Nature of Comparative Law: Some Theoretical Aspects.
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 3.
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Reference:
Fake F.F..
Peculiarities of Using Legal Preferences in Foreign Legislation.
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 2.
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Reference:
Fake F.F..
International Liability for Harmful Actions, Which Are Not Prohibited Under International Law: The Concept of the International Law Commission for Elaboration of Draft Articles.
// Journal of Foreign Legislation and Comparative Law. – 2006. – № 1.
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Reference:
Fake F.F..
«Problem of 2007 » in the Relations between Russia and the European Union and the Legal Ways for its Solution.
// Journal of Foreign Legislation and Comparative Law. – 2005. – № 3.
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Reference:
Fake F.F..
Izbiratel'naya sistema i vybory v Pol'she
// Journal of Foreign Legislation and Comparative Law. – 2005. – № 2.
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Reference:
Fake F.F..
Vybory 2005 goda i problemy izbiratel'noi sistemy Velikobritanii
// Journal of Foreign Legislation and Comparative Law. – 2005. – № 2.
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Reference:
Fake F.F..
Unifikatsiya i garmonizatsiya v sfere pravovogo regulirovaniya inostrannykh investitsii
// Journal of Foreign Legislation and Comparative Law. – 2005. – № 1.
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