The article focuses on the origins of anarchist individualism theory in the USA. It explores the reflections of the leading proponents of American anarchist individualism on the transformation of natural law and social contract concepts in the XIX c.
анархо-индивидуализм, США, Естественное право, Общественный договор, Просвещение, anarchist individualism, USA, natural law, social contract, Enlightenment
On the basis of the analysis of the Chinese legislation stages of his reforming under the influence of requirements of the World Trade Organization are considered.
Four stages of preparation of People's Republic of China for accession to WTO within which there was a transformation of legal system of China from 1982 to 2001 are allocated. The sources of the Chinese law making are presented and systematized as a basis of the economic legislation of the People's Republic of China at a stage of preparation of inclusion of China into the WTO. Attention is drawn to the peculiarity of the Chinese state power organization, in which there is no powers’ separation into three branches: legislative, executive and judicial. It has, in turn, allowed to mark out also feature of the economic sphere legal regulation in China connected with existence of such source of law in the People's Republic of China as the rules established by the Supreme National Court.To represent the dynamics of normative-legal regulation of foreign trade activities, China has used the system of dialectical and universal methods of knowledge; general scientific methods (induction and deduction) and techniques (analysis and synthesis); as well as a special method – formally-legal.Identified vectors of changes of legal support of domestic and foreign economic processes in China suggests the possibility to consider the experience of China in the promotion of Russia into the international trading community.
The article discusses some issues related to access to information about the bodies of judicial community and their activities. The author analyzes the regulations to ensure the openness of specified information. Particular attention is paid to issues of access to information on activity of the qualifying boards ofjudges on the formation ofthe judiciary. Basing on this analysis the author formulates proposals for changing the order of access to information about the bodies of judicial community and their activities.
There are situations in which the authorities violate the rights and lawful interests of two or more individuals or organizations. However in the civil procedure legislation of the Russian Federation there are practically no rules governing the procedure for submission to the court a collective complaint to contest the decisions, actions (inaction) of bodies. The author examines the legal nature of collective complaints, as well as the prerequisites of the right to appeal to the court of two or more persons whose interests are compatible and not mutually exclusive.
In this article the author examines the democracy theory of Hans Kelsen. The author accentuates the connection between the democracy theory and the theory of the stepwise legal order (Stufenbau) in Kelsen’s doctrine. Connecting these two theories allows understanding originality of Kelsen’s conception of law and state. According to Kelsen, the issue of democracy is about participation of people at all the stages of law enforcement, and not only at the stage of adopting of laws by a parliament elected by people.
The article deals with the issues of interaction of international labour standards and international trade in context of Russia’s entry into the WTO. The “pro et contra” arguments concerning the linkage of international trade agreements and human rights in the field of labour are analyzed. The author proposes his critical appraisal of the ILO policy in respect of international trade globalization. Some suggestions concerning the Russia’s own policy on the matter are made.
The article discusses various approaches to the definition of the structure of prohibitive rule in the criminal law. The author substantiates the conclusion that the concept of three-element design of the logical rules of law with respect to the normative-legal regulations of the Special part of the Criminal code of the Russian Federation is not acceptable. Penal prohibition is a basic normative-legal instruction, the core of prohibitive rule in the criminal law and primary cell (link) system of law.
Thenotion of inner-organizational (local) norms In the article on the basis of legislation description and theoretical concepts the nature of local norms is analyzed. The author gives ground for the notion of local norms as a rules of behavior established in certain organizations, working within their limits, oriented for multiple use, addressed to indeterminate circle of persons and sanctioned in the final analysis by the state
A comprehensive analysis of legal regulation of intellectual property in China in the context of its accession to the World Intellectual Property Organization and the World Trade Organization is given. The authors examine international agreements in the field of intellectual property, to which China joined, as well as its national legislation. It is established that in China the recognition of the right to intellectual property objects at the legislative level began from the moment of its accession to a number of international conventions and agreements in this field. National legislation on intellectual property in China is represented by three blocks: copyright laws, regulations governing the use and protection of trademarks, patent laws. Resolution of issues arising in the field of regulation and protection of intellectual property in China is carried out in two different ways: administrative (appeal to administrative bodies for the purpose of establishing a legal regime for the protection of the results of intellectual activity, and in the event of violation of intellectual rights of various entities), judicial (resolution of disputes over intellectual rights in courts). The authors come to the conclusion that despite compliance of the legislation of the People’s Republic of China in the sphere of intellectual property to international standards and functioning of numerous public authorities responsible for protecting intellectual property, this system works inefficiently that causes a high percent of violations in the considered sphere.