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Regular version of the site
Of all publications in the section: 57
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Article
Лошкарева М. Е., Долкова Е. А. Журнал зарубежного законодательства и сравнительного правоведения. 2015. № 4. С. 577-583.

The article is devoted to «An Acte for Lawes and Justice to be ministered in Wales in like fourme as it is in this Realm» (27 Henry VIII c. 26) and «An Acte for certaine Ordinaunces in the Kinges Majesties Domynion and Principalitie of Wales» (34 and 35 Henry VIII c. 26) which incorporated Wales to England, extended the legal system of England to Wales and introduced the norms of English administration. These Acts are considered as a part of the Tudor’s state formation, which was characterized by colonialism and by the intention to create a single state and a single legal jurisdiction. In this article authors analyze main causes of these acts’ creation and preparation stages for the Wales’ incorporation to England. Act of Union ended the distinction between the principality and the March, abolished privileges of the Lords of the March, established new administrative division into counties and provided Wales with representation in Parliament. According to the Act of Union 1535 English became the only language of the courts of Wales. The next Act of 1542 established new system of courts in Wales, as a result Wales got some elements of self-government.

Added: Feb 4, 2016
Article
Churakov V. Журнал зарубежного законодательства и сравнительного правоведения. 2017. No. 6. P. 24-29.

The paper is dedicated to the investigation of regional legislation in the sphere of the regulatory impact assessment (RIA). RIA is a crucial instrument for the evaluation of the effectiveness of law. It provides a solid basis for the objective assessment of proposed regulations in the sphere of business activity. The federal form of the Russian government requires the analysis of regional experience for the further development of RIA procedure.

There are significant differences in regional regulation of RIA, such as the form of the acts, the rule-making body, requirements for RIA, cooperation with local authorities, terms, accounting documentation, etc. Hence, investigation of legislation in Russian regions is important for the harmonization of regional legal acts, its development and amendments’ preparation.

The paper is aimed at the analysis of regional legal acts establishing regulatory frameworks on the following criteria: formal description of legal acts; RIA models; rates of legal acts’ regulatory impact; RIA stages; persons notified about public deliberation; content of the consolidated reports; terms of RIA stages; annual accounting of RIA development.

Conclusions, concerning development of regional legislation regulating RIA are provided. The results obtained provide a guideline for studying other aspects of RIA procedure, including law-enforcement practice and retrospective analysis for RIA development. 

Added: Oct 19, 2017
Article
Фокин Е. А., Гаджиев Х. И. Журнал зарубежного законодательства и сравнительного правоведения. 2019. № 1. С. 117-119.

Monograph Overview

Kovler A. I. European Convention in the International System of Human Rights Protection : monograph / A. I. Kovler. — М. : Institute of Legislation and Comparative Law under the Government of the Rus sian Federation : Norma : INFRA M, 2019. — 304 p.

 Kovler A. I. European Convention: Problems of Interpretation and Imple mentation : monograph / A. I. Kovler. — М. : Institute of Legislation and Comparative Law under the Government of the Russian Federa tion : Norma : INFRA M, 2019. — 400 p

Added: Dec 26, 2018
Article
Михеева И. В., Логинова А. С. Журнал зарубежного законодательства и сравнительного правоведения. 2019. № 1(74). С. 69-74.

The national heritage of each state, which includes cultural values, is carefully protected by national legislation. Meanwhile, there is a difference in approaches to the definition of cultural values in the normative acts of the EAEU member States, which is aggravated by the ambiguity of interpretation of some provisions of interstate acts. This increases the risks of loss of cultural heritage and weakens customs control during the movement of cultural property across the customs border of the EAEU.

In the article there is an analysis of the "cultural" legislation of all the EAEU member States in the context of identifying the definition of cultural values that fall under the restrictive legal regime. The comparative legal and formal legal methods are used. Attention is drawn to the lack of unification in the legislative regulation of the movement of cultural property across the customs border of the EAEU. It is concluded that it is necessary to introduce terminological uniformity in the national normative formulations that define cultural values, with the revision and systematization of the existing lists of these objects in the EAEU.To do this, it is mandatory to comply with the principles of legal technique: the brevity of legislative definitions, clarity of wording, the inadmissibility of mismatch of definitions of one concept in different regulations within the same national system of legislation. It is also suggested that, taking into account the technical and legal nuances of the definition of cultural values, those that fall under the restrictive regime of movement across the customs border can be grouped in a single list agreed and approved by the interstate act of the EAEU outside the "Single list of goods to which non-tariff regulation measures are applied in trade with third countries".

Added: Mar 27, 2019
Article
Фокин Е. А. Журнал зарубежного законодательства и сравнительного правоведения. 2019. № 2. С. 130-137.

The article continues a series of scientific and analytical studies on the review of the findings of the European Commission for Democracy through Law (Venice Commission) on the issues of judicial power and reforms. This review discusses the results of the 115th and 116th sessions of the Venice Commission, held in October and December 2018, respectively. The article outlines the expert positions of the Venice Commission regarding judicial reforms in Romania, Georgia, Kazakhstan and Malta.

Thus, the transformation of the judicial system in Romania takes place against the backdrop of the fight against corruption. Corruption offenses have led to a number of controversial legislative decisions, including increased control over judges and the expansion of the mechanism of their responsibility. The Venice Commission has come to the unequivocal conclusion that as a result of the reforms being conducted, a threat to the independence of judges is being created.

The authorities of Kazakhstan are reforming the bodies of the judicial community, in particular, the redistribution of powers between the Supreme Court and the Supreme Judicial Council. In general, while positively assessing the changes being made, the Venice Commission nevertheless made a number of recommendations on how to strengthen the independence of judges.

Georgia is undergoing reform of the judicial community. The proposed changes did not provoke lengthy comments from the Venice Commission, and the recommendations set out in the Opinion concerned the need to clarify the conceptual framework.

The judicial authority of Malta has also become the subject of attention of the Venice Commission. In general, while commending the development of the institutions of justice, the Commission strongly recommended reducing the remaining excessively high level of influence of the Prime Minister of Malta.

Added: Mar 19, 2019
Article
Черепанова Е. В., Дымберова Э. Д., Шиндяпина Е. Д. и др. Журнал зарубежного законодательства и сравнительного правоведения. 2013. № 1. С. 74-84.
Added: Dec 5, 2013
Article
Касаткина А. С. Журнал зарубежного законодательства и сравнительного правоведения. 2016. № 5. С. 44-48.

In modern society, characterized by the increasing complexity of economic relations, it is easy to imagine a situation in which institutions existing in one legal system do not coincide with those adopted in another legal system, and at the same time are used by its subjects. As can be seen from the analysis of foreign legislation, increasing development among the usual organizational legal forms of legal entities received by the trust. And there is a reason. Trust - is a special institution that provides extremely flexible mechanism for managing the property in which you can save individualistic beginning. To date, the trust becomes one of the most attractive investment vehicles, that is why so many scientists, politicians and economists are paying him more attention. Therefore analysis of the Hague Convention on the law applicable to trusts and their recognition is of great importance. The Convention is somehow a compromise between the two legal systems and constitutes a very convenient way for reception of trust into the civil law states. Research main characteristics of trust might be relevant for our country as well, because soon or later, Russian legislator will have to decide whether to allow the trust in the domestic legislation.

Added: Oct 29, 2016
Article
Медведев И. Р. Журнал зарубежного законодательства и сравнительного правоведения. 2006. № 2. С. 46-50.
Added: Nov 9, 2016
Article
Фокин Е. А., Гаджиев Х. И. Журнал зарубежного законодательства и сравнительного правоведения. 2018. № 4. С. 188-191.

This article is prepared in the form of a short essay and is dedicated to the jubilee of Anatoly Ivanovich Kovler, Doctor of Law, Professor, Judge of the European Court of Human Rights (1999-2012). The paper provides a brief overview of the fundamental works of the professor - "Anthropology of Law" (2002) and "Historical Forms of Democracy" (1990). Considerable attention is paid to the work of Anatoly Ivanovich in the most important body of justice, including his principal views and positions, expressed both in scientific articles and in judicial acts of the ECHR (including in special opinions). At the end of the article, we briefly describe the current stage of Anatoly Ivanovich's work in the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow State University. M.V. Lomonosov and the National Research University "Higher School of Economics."

Added: Jul 3, 2018
Article
Богдановская И. Ю. Журнал зарубежного законодательства и сравнительного правоведения. 2015. № 3 (52). С. 405-414.

Traditionally, the common law countries are famous as countries of precedent law. At present times they are distin- guished by increasing share (proportion) of legal acts (statutes). This phenomenon makes more actual the issue of efficiency of law-making process. There is noted in the article that in international legal doctrine exists now such direction (school), as legistics, which explores elaboration of theory of law-making and of criteria of its efficiency. Author looks at specifics of law- making process in states belonging to legal family of common law. Despite this belonging these states are differed in its forms of rule. That condition permits author to clear general and special characteristics of law-making, ways and means of interac- tion of executive and legislative in parliamentary monarchy and presidential republic. Author emphasizes big measure of centralization of process mentioned in United Kingdom and other countries of Westminster model. It distinguishes lobbyism in these countries from lobby activities in US .In particular, author studies correlation of legislative process stages, influence of party discipline upon voting of deputies. Parliamentary supremacy is a root of significant role of legislative in law-making. In US model role of Congress was rather modest one. In the same time practice demonstrates both models currently are under change. Principle of strictly divided powers in US model leads to increasing role of Congress.

And role of Parliament is reducing in the countries of Westminster model of parliamentary supremacy. Author imple- ments various methodological methods in the article. Combining normative and sociological approach gives opportunity to analyze law-making process as a whole, to discover correlation of legally established social model and its social content, to check efficiency of such model in regulation of social interests connected with bill.

 

Added: Oct 23, 2015
Article
Андреева Г. Н. Журнал зарубежного законодательства и сравнительного правоведения. 2011. № 1(26). С. 100-115.
Added: Sep 13, 2011
Article
Логинова А. С., Синицына М. А. Журнал зарубежного законодательства и сравнительного правоведения. 2017. Т. 3. № 2. С. 71-75.

Currently, foreign trade transactions are instrumental in global economic cooperation.  The proper formation and execution of foreign trade contracts are certainly beneficial to the economic situation in the world. However, this process might pose certain difficulties to the participants of international trade, which can be avoided if Incoterms 2010 are observed. The provisions of Incoterms 2010 are relevant and meet the requirements of foreign trade. While the Incoterms rules are characterized by amenity and usefulness, there are a number of problems in the practice of their application.

The purpose of the research is to analyze the relevant issues of Incoterms application, which significantly influence foreign trade and the economic situation in certain countries.

In the course of the research the general methods of scientific investigation have been used, i.e. the systematic and dialectic methods; the general scientific methods – induction and deduction, analysis and synthesis, proceeding from abstract to specific, etc.; a legally specific method – the formal-economic and the comparative-economic methods.

The article examines Incoterms 2010 and their differences from and similarities to their predecessor – Incoterms 2000. Furthermore, the article formulates the key problems arising in relation to Incoterms 2010 application and assesses their impact on international trade in general. The research conducted has revealed that the Incoterms rules are a very efficacious regulator of the foreign trade transactions. The issues caused by their application need to be solved urgently, as they lead to letdown of  foreign trade.

Added: Mar 18, 2017
Article
Черепанова Е. В. Журнал зарубежного законодательства и сравнительного правоведения. 2012. № 2. С. 93-97.
Added: Oct 17, 2014
Article
Тихомиров Ю. А. Журнал зарубежного законодательства и сравнительного правоведения. 2013. № 6. С. 1000-1005.
Added: Jun 21, 2014
Article
Баренбойм П., Гаджиев Г. А., Лафитский В. И. Журнал зарубежного законодательства и сравнительного правоведения. 2005. № 2. С. 3.
Added: May 9, 2013
Article
Курбатов И. А. Журнал зарубежного законодательства и сравнительного правоведения. 2013.
Added: Dec 11, 2013
Article
Кашанин А. В. Журнал зарубежного законодательства и сравнительного правоведения. 2007. № 1(8).
Added: Dec 24, 2008
Article
Юмашев Ю. М., Постникова Е. В. Журнал зарубежного законодательства и сравнительного правоведения. 2017. Т. 65. № 4. С. 93-98.

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among otherthings, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

Added: Jan 14, 2018
Article
Кичигин Н. В. Журнал зарубежного законодательства и сравнительного правоведения. 2011. № 3. С. 114-120.
Added: Jan 18, 2012
Article
Кашанин А. В. Журнал зарубежного законодательства и сравнительного правоведения. 2011. № 6. С. 45-61.
Added: Nov 17, 2012
Article
Гетьман-Павлова И. В. Журнал зарубежного законодательства и сравнительного правоведения. 2016. № 5 (60). С. 64-72.

 The object of the present article is an attempt to restore the names of representatives of the XVI century Belgian School of Realism, who have been “unjustly forgotten” in modern Private International Law doctrine – Nicolas Everhard, Pieter Peck and Johannes a Sande. These scholars are the founders of the Belgian Realism theory of conflicts-of-laws which anticipated the classic Dutch “comity” doctrine and provided the framework for the Anglo-American doctrine of the regulation of international civil relations. The theory of Belgian realism was first outlined by Everhard, Peck and Sande and was formed on the theory of statutes – the sole doctrine of Private International Law for 500 years. Belgian Realism is a stand-alone direction of the theory of statutes which triggered the process of a strongly territorial concept of conflict resolution between choice-of-law rules of different states. However, despite their outstanding contribution to the legal practice and doctrine of their time, aforementioned scholars are not known to modern jurisprudence. The article concludes that Everhard, Peck and Sande developed the choice-of-law rules which are now adopted by modern legislation; moreover, their researches may serve to development of international comity doctrine, which has been adopted by modern Private International Law.

Added: Mar 3, 2017