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.
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.
Currently, there are some difficulties in implementing the mechanism for resolving trade disputes established by the WTO rules. These are: the open question of the the Appellate Body functioning and the search for its alternative forms, failure to comply with the stipulated procedural deadlines; the need to prove a significant trade interest in the absence of a mechanism for evaluating it, which may lead to unjustified refusals to participate in the consideration of a trade dispute as a third party, etc. These problems determine the need not only to acquire practical skills in applying the rules and regulations of the WTO, but also for the theoretical understanding of the mechanism for implementing its trade interests protection. For Russia, it is important to participate not only as a plaintiff and defendant but as a third party of a trade dispute to gain experience and to form a staff capable to represent the state in the negotiation process and at the stage of consideration of cases in DSB. Using comparative legal and formal-legal methods, there is attempt to analyze the experience of possible effektive use of the dispute resolution mechanism, guided by the rules and regulations established by the WTO. Attention is drawn to the fact that Russia pays the most attention to disputes concerning the European Union, China and the United States of America. The autors categorize disputes in which Russia participates as a third party. There is speculation about the need to reform the mechanism for resolving trade disputes in the WTO due to the expansion of third-party rights (e.g., to allow a third party to obtain upon request information and documents, to secure entitlement to a presence at major meetings treteiskii group (not just the first), perhaps without the right to comment on the interim report of the arbitration panel) making appropriate amendments to article 10 of the Agreement. It can also be recommended to include a third party in the trade dispute and at the stage of appeal procedures for understanding whether there is a significant trade interest in the country.
The actual state of science and technology predetermines changes in the methodology of scientific research and social practices. The paper is dedicated to various aspects of information technology application in legal science and practice:current technological development; prospects for the use of technology in legal research; examples of required regulatory changes.
The author discusses the basic principles of the development of Big Data and the scope of Legal Tech.
Big Data in legal science operates in two main areas:provides an opportunity to explain existing phenomena; provides the ability to predict the behavior in the legal sphere.
Therefore, the methodology and philosophy of legal research significantly change. The application of Big Data makes it possible, on the basis of objectively obtained parameters, to build connections and correlations that are independent of the researcher’s commitment to any scientific concept. In other words, the research hypothesis is not built up before the research but is formed only after the interpretation of the obtained interrelations.
The example of the dynamic development of legal institutions reveals the problems associated with the need for an interdisciplinary combination of law and IT-technologies.
Legal science is characterized by the following set of problems:
1) the legal personality of artificial intelligence;
2) data collection and verification;
3) interpretation of the results;
4) the role of traditional tools;
5) “trust” to calculations;
6) the international nature of digitalization;
7) personal data.
Practical problems are associated with:
1) incorporation into the legislation of new principles, terms, definitions, and legal institutions;
2) workflow development;
3) the reliability of electronic documents;
4) the civil status of Big Data.
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
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".
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.
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.
At the present stage, there is an obvious necessity of protection the rights and legitimate interests of a group of individuals. Such institutions facilitate access to justice, streamline the judicial procedure and provide an opportunity to effectively protect their violated rights to a large number of individuals affected by the actions of a single defendant. At the same time, Russian legislation has not yet found an optimal and effective model for the institute of class action. The implementation of this institute into the Commercial Procedural Code of the Russian Federation did not ensure their wide practical applicability: for example, in the first half of 2018 only 18 lawsuits were filed to protect the rights of a group of individuals. At the same time, the development of a draft law on the introduction of the institute of class actions and in a civil process continues. These circumstances provoke interest in foreign experience, in particular, the experience of states in which the institute of class action works effectively. Within the framework of this article, it is proposed to consider a mechanism for protecting collective interests in Brazil, which has been successfully operating for a long time. The article systematizes the constant problems of collective claims in Russia, summarizes the experience of Brazilian legal regulation, and compares theoretical approaches to collective claims in Russia and Brazil In conclusion, proposals are made on possible ways to improve Russian legislation regarding the regulation of class actions, including through the use of certain elements of the Brazilian legal regulation.
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."
. The subject of this study is the current trends in the right to a fair trial in the case-law of the European Court of Human Rights. The authors strive to identify the main vectors and directions for the development of the Court’s approaches on the most pressing issues of applying Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The study consists of several basic blocks.
In the first block the authors give an evolution of the Court’s position regarding the right to a fair trial, while refusing to comment on specific elements of this right and seeking to consider Art. 6 of the Convention in terms of the main judicial doctrines of the ECHR.
The second block examines the main trends in the criminal procedure aspect of the right to a fair trial, including the evolution of the court’s views on the right to defense, the right to question witnesses and the right to the services of an interpreter.
The third and fourth parts of the work are devoted to the problems of implementation of the provisions of Art. 6 of the Convention and the case-law of the ECHR in Russian justice in civil and criminal matters. The authors make a cautious attempt to analyze the latest changes in the sphere of the judicial system and procedural legislation of Russia in terms of the Convention requirements and the main approaches of the Court.
The chronic problems of the Russian criminal process are particularly emphasized from the point of view of the case-law of the ECHR, which, unfortunately, have not yet been resolved.
The final part identifies further possible ways to implement the right to a fair trial in Russian justice in civil and criminal cases.
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.
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.