Непрерывность и дискретность в развитии института досудебного претензионного порядка разрешения экономических споров
The article deals with the stages of development of the institute pre-trial order of claim settlement of economic disputes, is shown hronodiskretny nature of this development and focuses the attention of the legislator to specific characteristics in common with the modern stage, which should be taken into account in the rulemaking.
This article reviews general rules and principles of civil procedure involving foreign party in China. The author undertakes the analysis of the main sources of procedural legislation, connected with economic disputes – Civil procedure code in the People’s Republic of China and Arbitration procedure code of Russian Federation. Civil procedure code of the PRC contains Section 4 that is devoted to special things about civil procedure involving foreign party. All-in-all the statutory regulation of civil proceeding of China and of arbitration proceeding of Rusia in this sphere is almost the same. An essential sources of law in this sphere are international documents that are New York Convention on The Recognition and Enforcement of Foreign Arbitral Awards (10 June, 1958), Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (18 March 1970), The Beijing agreement On legal assistance in civil and criminal cases (19 June, 1992).
This Chapter describes the history of social security legislation development abroad and presents both classical and modern models of social security in foreign countries.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
A Casebook aims at enhancing language and communicative competences of master students of law through teaching legal textology in English at research workshops as the primary training form. A major aim consists in integrating linguistics, specifically text linguistics, and law. A new teaching methodology employed draws largely on comparative and text linguistics, comparative law, as well as intercultural communication. The selected case-studies address the less elaborated law fields: indirect discrimination at workplace, I-space regulation and IT-fraud as part of cybercrime against the on-going IT advancement. These topics as vaguely defined legal areas with few statutory remedies and insufficient enforcement background are viewed in couple with sociocultural, economic and philosophical factors. A Casebook is designed for LLM students but may draw interest of much wider range of MA students in humanities, as well as their tutors.
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions. The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like “soft law” and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law. The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.
The book consits of the articles on the history, theory and philosophy of comparative law in Ukrainian and Russian.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/