The article considers the possibilities of divorce in the modern canon law of the Roman Catholic Church under the provisions of the 1983 Code of Canon Law, Old and New Testament sources. The author states that the modern canon law does have a possibility to terminate (through divorce) of ratum et consummatum marriage, but this cannot be applied nowadays due to a risk of abuse.
The main goal of the article is to reveal the role of mutual recognition principle in the realization of freedom to provide services and to appraise the effectiveness of its application. The author stresses the polysemantic feature of analyzed principle in the light of different doctrinal approaches to its substance. On the basis of the analysis of secondary EU law, EU case-law and diverse doctrinal views the author defines the content of mutual recognition principle. The article contains a comparative analysis of goods and services as objects of cross-border economic relations and on the basis of this research the author determines peculiarities of the application of mutual recognition principle in services sector. The study examines the application of mutual recognition principle and the author formulates factors restricting its realization. A particular attention is paid to the analysis of EU legislation concerning the recognition of professional qualifications.
The paper presents an analysis of the legal regulation of monitoring and expert - analytical activities carried out by control and audit bodies for the state regional financial control.
The article is devoted to problems of sectoral collective bargaining agreement’s regulation of co-determination. In modern Russian studies on labor law this theme is almost not examined. Methodological foundation of research is constituted from general science methods and special methods, includes: formal logical, analytical, comparative legal, historical and other methods. Main aims of research are assessment of effectiveness of collective bargaining agreement’s regulation of co-determination and elaboration suggestions to improvement of legislation. Author appreciates critically applicable in labor legislation approach that implementation most of employees’ rights in the sphere of co-determination is only possible if procedures of social partners’ cooperation are regulated by sectoral collective bargaining contract, collective contracts and local normative acts. However, acts of social partnership solve this problem only in some sectors of the economy, such as mining and manufacturing industry, transport, car manufacturing. In addition, the lack of consistency between the norms of labor and civil legislation also impedes the exercise by employees of their rights to participate in the management of the organization. Thus, the stock transfer to employees provided for by the Federal Act of Joint-Stock Companies is not even mentioned among the forms of co-determination listed in chapter 8 of the Labor Code of the Russian Federation, but an indication of the procedure for sending employees’ representatives to collegial management bodies of legal entities, partially regulated by this chapter of the Labor Code of the Russian Federation, is absent in the legal acts governing the activities of legal entities. In this regard, it is proposed to introduce the necessary changes into civil and labor legislation. There are noted in article that Soviet labor legislation of 1970–1980s (as well as modern labor law of some European countries) bound administrations of enterprises, organizations and institutions issued main local normative acts in common with employees. Modern Russian labor legislation provides for two methods of employees’ participation in drafting of local normative acts — via procedure of taking into account of employees’ representative body or via reconciliation. But second method is used if it’s indicated in collective contracts and agreements but absence of coordination between levels of collective bargaining agreement’s regulation impedes its usage. In conclusion of article author accentuates problem of declarative effect of the most rights in the sphere of co-determination and necessity of balance between state and contractual methods of regulation this sphere of social relations.
The article is devoted to a research of the Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC which became a new phase of reforming of the European natural gas market. The author also refers to previous legislation regulating relations in this area.
The article tackles the role of judicial practice in developing Russian law, pro and con of judicial precedent. According to the author,it is important that all higher courts take into consideration resembling principles of influence of their legal position on social relations, i. e. support to the concept of precedent law.
The article deals with the structure and functions of self-regulation institute for three professional legal communities in Russia: judges, lawyers and notaries. The author examines the practice of adopting self-regulation acts of the professional communities. Based on this analysis, the author proposes a classification of self-regulation acts. The article also discusses the content and the role of these acts in regulating professional activity.
The review contains analysis of "The Constitutional State" by Nicholas Barber (Oxford, 2010). The book presents current trends of recent development of constitutional law theory in United Kingdom. Advances of Professor Barber work are in complex methodology of research giving him an opportunity to combine fruitfully approach of constitutional law, political science and philosophy. The book has solid theoretical base. It is distinguished by unbiased author position and his informal style.
External large-scale and permanent changes determine the current development of law and legislation. In the context of global business national legal regimes continue to compete between each other. Those countries, who create a more comfortable legal environment, including ones in securities market and corporate governance, greatly win. This paper analyses current corporate and securities market legislation. Modern corporate laws in Russia are changing and gradually moving in several directions at the same time: activity of public and non-public companies, limited liability companies, exercising a shareholder information right. The main emphasis in article is to put on key aspects of the corporate law reform concerning an activity of public and non-public corporations in Russia and on a legal assessment of modified rules. The objectives of the paper are to identify the pivotal challenges met by the new corporate law, as well as understanding to what extent the Russian experience is correlated with similar processes in other countries and best international practices of corporate governance.