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Regular version of the site
Of all publications in the section: 37
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Article
Гетьман-Павлова И. В., Крутий Е. А. Адвокат. 2010. № 4. С. 49-61.

Article offered to readers attention of the associate professor of the private international law department, the faculty of laws of State University - the Higher School of Economics (HSE), Ph.D. in Law I.V. Get`man-Pavlova (e-mail: getmanpav@mail.ru) and the post-graduate student of the same faculty E.A. Kruty (e-mail: ekrutij@yandex.ru) is devoted to urgent problem of private international law (PIL). In 2000-2007 special autonomous legislative acts on private international law were adopted in seven foreign states (Azerbaijan, Estonia, Belgium, Bulgaria, Ukraine, Macedonia and Turkey). All of these laws represent an autonomous codification of private international law, namely, a special complex legal act that is devoted to the issues of determination of the law which is applicable to private legal relations and to the issues of the international civil procedure. Adoption of the given codifications confirms a persistent modern tendency of the development of PIL - consideration of PIL as a branch of law and a branch of legislation. A special attention has to be paid to the designated tendency in calling the legislative acts on PIL not laws but codes. Three of the seven codifications (Belgian, Bulgarian and Macedonian) are called codes. It allows ascertaining that the status of the legislation in the sphere of PIL raises. All investigated laws regulate a similar, practically identical circle of issues; there is a specific system of the generally accepted terminology everywhere. However, this diversity of national laws and orders remains, and all of these legal acts differ from each other, showing the peculiarities of national approaches.

Международное частное право,   Международный гражданский процесс,   кодификация,   кодекс,   Закон,   коллизионные нормы,   применимое право,   компетентная юрисдикция,   private international law (PIL),   the international civil procedure,   Codification,   the code,   the law,   conflict rules,   an applicable law,   competent jurisdiction

Added: Oct 21, 2012
Article
Карнозова Л. М. Адвокат. 2012. № 12. С. 34-46.
Added: Oct 10, 2013
Article
Крутий Е. А. Адвокат. 2011. № 4. С. 41-51.

The application of «protective reservations» is a fundamental principle of modern codifications of the private international law. The post-graduate student of the Private International Law Department, Faculty of Laws, National Research University «The Higher School of Economics», the advocate E.A. Kruty (e-mail: ekrutij@yandex.ru) minutely analyses provisions about the reservation about the public policy and mandatory rules which are included in the international acts and ten national codifications of XXI centuries (Azerbaijan, Lithuania, Estonia, Mongolia, Russia, Belgium, Bulgaria, Ukraine, Macedonia, Turkey). Despite the apparent prevalence of the negative construction of the reservation about the public policy the lawmaker prefers in some situations its positive variant. An appeal to codifications allows to identify the certain conditions on which protective reservations take effect. Their most detailed description is contained in the Belgian and Bulgarian codes. Not less interesting is a regulation of the legal consequences coming as a result of application of these legal institutions for private legal relations with a foreign element including in the international civil procedure.

Added: Oct 14, 2012
Article
Барышева К. А. Адвокат. 2016. № 10. С. 60-66.

The article is devoted to a criminal characteristic of social phenomenon of cyber-stalking (harassment using various means of communication, the Internet, mobile devices, etc.) It is a complex of acts furtherance of harassment of a person in the virtual space, even without direct contact with the victim, perhaps, in the absence of special goals. The system is the distinctive feature of such actions.Harassment can lasts up for 20 years. The social danger of cyber-stalking is closely connected with the violation of citizens' privacy boundaries. The consequences of an intervention can cause substantial harm to the interests of the individual, pecuniary and non-pecuniary damage, threaten the physical and moral health of the person. There is no responsibility for stalking in Russia. The legislation is limited by several articles prohibiting invasion in private life. However, some of the actions that make up a set of activities that are not directly prohibited by law, can cause much greater damage. Emotional terrorism, constant calls, unwanted gifts, messages, harassment in social networks, all of this can make a person's life unbearable. In addition to non-pecuniary damage, harassment may lead to the costs of changing telephone number, the cost of sedative peels, psychotherapist, loss of earning capacity, depression, and aggravation of a chronic illness. It is shown by a numerous of the researches that cyber-stalking phenomenon is often subjected to a real attack of victim by stalker. The article examines the legislation experience of foreign countries to find out definition and socially danger of cyber-stalking.

Added: Nov 10, 2016
Article
Петров А. Я. Адвокат. 2015. № 9. С. 37-45.

The article on the basis of articles 11, 382, 391 Labour code, article 22, 23, 24, 56 of the Civil procedure code of the Russian Federation, decrees of the Plenum of the Supreme Court of the Russian Federation, dated March 17, 2004 No. 2, court practice are discussed topical issues of jurisdiction and cognizance of labor affairs.  

Added: Feb 29, 2016
Article
Ерпылева Н. Ю., Максимов Д. М. Адвокат. 2016. № 12. С. 62-83.

This article considers the notion of categories of foreign investments and foreign investor in the International Investment Law of Russia and Tadjikistan through the prism of three levels of legal regulation – the national legislation, bilateral and multilateral international treaties. National legislation governing foreign investments, despite having based on common legal structures and instruments, in the conceptual framework may differ significantly in the recipient state of foreign investment from that one in the country of origin of a foreign investor. This circumstance is fully applicable to the legislation of Russia and Tadjikistan, simultaneously being participants of two of the integration processes – in the framework of the CIS and the SCO. The analysis of investment legislation of Tadjikistan seems to be very important in this context especially after its fundamental modification by the adoption of a new Law “On investments” in 2016.

Added: Dec 29, 2016
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