The article concerns the key aspects of alternative dispute resolutions in China and in Russia, it focuses on key issues of the operation, it describe the system of alternative dispute resolution in two different country. This article shows advantages and disadvantages of every avenues of alternative dispute resolution.
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 article covers the analysis of regulatory management of Russian and Chinese Joint Ventures representing one of the investment schemes. The advantages of this mode of investment have been demonstrated, some problems connected with regulatory management of Russian and Chinese Joint Ventures have been identified both at national legislations and appropriate international Agreements levels.
The article presents a comparative analysis of guarantees for employees in accordance with labor legislation of Russia and China, special attention is paid to the protection of women's and minors’ labor rights.
The conclusions drawn by results of comparison of the standards of the customs legislation of the Russian Federation and People's Republic of China are given in this article. Provisions of the International Convention on Simplification and Harmonization of Customs Procedures ratified in the specified countries are analyzed. Features of interpretation of provisions of the Kyoto convention in Russia and in China are revealed. The author formulated strong and weaknesses of the customs legislation of Russia and China and revealed ways on its improvement on the basis of the carried-out analysis.
In this article, the authors discuss the main aspects of the criminal law of the Russian Federation, define the concept of criminal law, the subject of criminal law, criminal law method. They analyze the main source of Russian criminal law, the criminal law in time, space and number of persons. They also consider in detail the concept of a crime and a corpus delicti, list offenses and penalties, established in the Russian Federation.
«Organized crime activity» is the definition, which is known all over the world. However, in each state organized crime activity is represented by notions, which are captured in national criminal legislation. Moreover, experts not always know about these definitions and about their differences between each other. Information exchange on this matter can be very useful for the national legislation improvement and its unification with international norms and for scientific research development.
The results of conducted research where issues are connected with identification such definitions as “organized crime group”, “criminal community”, “criminal organization” in Criminal Code of Russia are represented in the article from different positions (legislative, scientific and practical).
Besides law-enforcement authority, practice of crime investigation committed in organized forms was analyzed. On this basis, existed problems and contradictions are emphasized and analyzed.
Also established traditions of organized crime research by Russian criminal science (criminal law, criminology, criminalistics) are mentioned in the article.
The research of definitions, which are connected with organized crime and used in different legal systems, is the first step to further study of organized crime phenomenon. The development of international unified legislation and methodological recommendations of crime investigation, which are committed in organized forms, will be investigated in future.
The article is devoted to the researching of the legal basis of the BRICS. The author analyzes the historical and legal process of the BRICS forming. The article includes models of the legal regulation of international organizations. The author defines the model of the legal regulation and its criteria for the BRICS.