Legal regulation of divorce: the experience of the United States of America

2019 ◽  
Author(s):  
Елизавета Розанова ◽  
Elizaveta Rozanova
Keyword(s):  
United States ◽  
United States Of America ◽  
Family Law ◽  
Comparative Law ◽  
The United States ◽  
Legal Regulation ◽  
Law Students ◽  
Foreign Countries ◽  
Law Making

The monograph is a study of the problems of legal regulation of divorce in the United States. Theoretical and legislative bases of legal regulation of divorce in the United States and some other foreign countries, as well as the main trends in the development of legal interpretations of the grounds, conditions and consequences of divorce in the United States are considered. It is intended for researchers, teachers, postgraduates, undergraduates and law students specializing in family law, as well as comparative law. It can be useful for persons involved in law-making activities, judges, employees of guardianship and guardianship authorities, registry offices, lawyers, notaries, other practicing lawyers, as well as for anyone interested in this range of issues.

scholarly journals CRIMINAL LIABILITY FOR HOMEOWNERS’ ASSOCIATION FRAUD IN THE UNITED STATES OF AMERICA

2017 ◽  
Vol 3 (4) ◽  
pp. 131-135
Author(s):  
Марина Романовская ◽  
Marina Romanovskaya
Keyword(s):  
United States ◽  
Criminal Law ◽  
United States Of America ◽  
Criminal Liability ◽  
The United States ◽  
Legal Regulation ◽  
Business Law ◽  
Apartment House ◽  
Homeowners Associations ◽  
Building Management

Relatively new type of business activity on apartment house management, which carry out the managing organizations, is on the hard way of development in present time. Numerous violations and crimes in this sphere are becoming more intellectual in nature. In some foreign countries the Association of homeowners (condominiums) is an analogue of our homeowners associations and the Institute of management of apartment houses has a long history. The author carried out the analysis of the main types of fraud in the apartment house management in the United States of America. Such acts include embezzlement (theft) of funds, violation of business law, falsification of the elections to the Board of the Association of owners of property, kickbacks in contracting, fictitious contracts. The main attention was focused on the specifics of the criminal-legal regulation of liability for fraudulent acts in the management of condominiums on the example of the criminal law of the State of California and certain judicial decisions. In particular, the influence of Anglo-Saxon legal system has found the expression in the fact that the criteria for recognition of the person guilty of embezzlement (embezzlement) of funds of owners of property determined by case law, not criminal law. The author has studied the positive experience of the counteraction of irregularities in the activities of the apartment house management by establishing the criminal prohibitions of the concealment or distortion of information on the financial status of the managing organization or condominium. Study of the foreign experience of the classification of crime, counteraction of financial violations in the sphere of apartment building management and reparations for victims of financial crimes will be useful for the scientific understanding of the problem of combating crimes in the sphere of apartment house management in our country.

scholarly journals NEMOKIŲ ĮMONIŲ GAIVINIMO FORMALIOS PROCEDŪROS: LIETUVOS IR UŽSIENIO VALSTYBIŲ PATIRTIS

Teisė ◽  
2013 ◽  
Vol 89 ◽  
pp. 119-135
Author(s):  
Sigitas Barakauskas
Keyword(s):  
United States ◽  
United Kingdom ◽  
United States Of America ◽  
The United States ◽  
Fresh Start ◽  
National Legislation ◽  
Foreign Countries ◽  
Rescue Procedures

Straipsnyje nagrinėjamas nemokių įmonių gaivinimo formalių procedūrų reglamentavimas Lietuvoje, Didžiojoje Britanijoje, Jungtinėse Amerikos Valstijose ir Vokietijoje. Svarstoma, ar nemokioms įmonėms turėtų būti suteikiamas antras šansas, ar valstybių nacionaliniuose teisės aktuose turėtų būti įtvirtintos formalios nemokių įmonių gaivinimo procedūros, kuriomis būtų galima pasinaudoti kaip priverstinio likvidavimo alternatyva. Straipsnyje remiamasi atitinkamais nagrinėjamų valstybių teisės aktais bei Lietuvos ir užsienio autorių mokslo darbais. This article examines the regulation of the formal rescue procedures of insolvent companies in Lithuania, United Kingdom, the United States of America and Germany. Consideration is given to whether insolvent companies should be given a fresh start and whether the formal rescue procedures, which might be used as an alternative to a compulsory liquidation, should be introduced in the national legislation. The article is based on the certain legislation of the analysed countries and scientific studies from Lithuania and foreign countries.

scholarly journals PATENT TROLLING AND LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE (EXPERIENCE OF THE UNITED STATES OF AMERICA)

2021 ◽  
pp. 39-46
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
United States ◽  
United States Of America ◽  
Patent Protection ◽  
Industrial Revolution ◽  
The United States ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Legal Norms ◽  
Innovation Activities ◽  
Russian Soil

The article deals with a unique legal phenomenon that requires regulation in the context of protecting the rights of inventors to the results of scientific activity — patent trolling. Due to the imperfection of the patent system and patent legislation, the subjective rights of “bona fide inventors” in the field of scientific and innovation activities are constantly violated by “patent trolls”. On the example of the law enforcement practice of the United States of America, legal methods of countering this phenomenon are illustrated, the conditions conducive to its occurrence are analyzed. A conclusion is presented on the need to take into account the experience of the United States when amending the legislation of the Russian Federation on patent protection. It is noted that in the era of the fourth industrial revolution, the issue of combating “unscrupulous” copyright holders becomes one of the most acute. The criteria for assessing the “bad faith” of a patent infringement claim, developed by an American legislator, can become the basis for the development of similar legal norms on Russian soil and throughout the post-Soviet space.

Foreign experience of legal regulation of administrative and judicial procedures related to compulsory medical intervention

2019 ◽  
Author(s):  
Андрей Соловьёв ◽  
Andrey Solovyev
Keyword(s):  
Legal Regulation ◽  
Medical Intervention ◽  
Law Students ◽  
Medical Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Theory Of Law ◽  
Judicial Procedures ◽  
Administrative Proceedings ◽  
Law Making

The publication is a comparative legal study of foreign experience in the implementation of administrative and judicial procedures related to with compulsory medical intervention, in a number of countries in Europe, the Americas, Asia, as well as Africa and Australia. The monograph deals with both General issues and features of legal regulation of these procedures in certain foreign countries. It is intended for researchers, teachers, postgraduates, undergraduates and law students specializing in the theory of law and the state, constitutional, administrative, medical law, as well as issues of administrative proceedings. It can be useful for persons involved in law-making activities, judges, employees of the judicial system, lawyers, legal practitioners, medical professionals, as well as for anyone interested in this range of issues.

The Relation of the Citizen Domiciled in a Foreign Country to His Home Government

1909 ◽  
Vol 3 (4) ◽  
pp. 869-884 ◽  
Author(s):  
Everett P. Wheeler
Keyword(s):  
United States ◽  
Civil War ◽  
United States Of America ◽  
Great Majority ◽  
The United States ◽  
American People ◽  
Atlantic Seaboard ◽  
Foreign Countries ◽  
The Pacific ◽  
Foreign Commerce

When the thirteen colonies became a nation and formed the Constitution of the United States of America, their population was chiefly on the Atlantic seaboard. Their ships sailed to every port of the civilized world. They were alive to the importance of foreign commerce. The wars of the Napoleonic epoch and the controversies to which they gave rise, led the American people to feel that it was for their interest, not only to abstain from entangling alliances with the powers of continental Europe, but to limit their activities as far as possible to their own territory. The acquisition of Louisiana from the French in 1803 gave to the United States a fertile and almost boundless domain and afforded an opening for national growth, which of itself tended to withdraw the thought and enterprise of our people from foreign business. Undoubtedly our foreign commerce did increase down to the time of the Civil War, but it did not keep pace with the development of ^he country or with the growth of interstate commerce. Since the Civil War, however, the current has turned. The wealth of the United States has enormously increased. Its capital is found invested in foreign countries, and it has acquired territorial possessions not only in the Atlantic, but in the Pacific, which have changed entirely the attitude of the American people. It must inevitably be the case that in the future the number of American citizens who go to foreign countries and take up a residence there will far exceed that of any other period of our history. A few of these no doubt will become citizens of the countries to which they go, but experience shows that the great majority both of English and American citizens who reside in foreign countries still retain their citizenship. The relation borne by the home government to these citizens domiciled abroad is, therefore, a matter of great and increasing importance.

scholarly journals Ways to improve reconnaissance in the interests of missile forces and artillery

2019 ◽  
Vol 9 (5) ◽  
pp. 15-27
Author(s):  
Sergey Shuliakov ◽  
Nikolai Dorofeev
Keyword(s):  
United States ◽  
Control System ◽  
United States Of America ◽  
The United States ◽  
Data System ◽  
Critical Element ◽  
Automated Control ◽  
Foreign Countries ◽  
The World ◽  
Functional Subsystem

The article describes the experience of creating automated control systems by foreign countries. Experience in controlling fire weapons and reconnaissance assets. The analysis of their interaction. Considered in detail the automated control system of field artillery of the United States of America Advanced Field Artillery Tactical Data System (AFTDS). This is an experience of creating a system of foreign countries. Experience in controlling fire weapons and reconnaissance assets. The analysis of their interaction. Considered in detail is the United States of America Advanced Field Artillery Tactical Data System (AFTDS). This is a multipurpose tactical information system of field artillery using mobile technology. It provides automated decision making for the functional subsystem, support for the ground forces and marines, as well as integrated operational units and united types of troops. The article describes the entire sector of the capabilities of this automated combat control system. The article also discusses ADLER (Artillerie Daten Lage and Einsatz Rechnerverbund) Germany’s automated field artillery control system. This automated field artillery control system provides all the field artillery control capabilities from the division to the gun (mortar, MLRS, reconnaissance equipment). The unified information network unites target detection facilities, combat (fire) and fire weapons control centers (points). it makes it possible not only to process the data, but also to control the detection mode and hit targets, including the evaluation of intermediate results. Integrated systems of reconnaissance, surveillance, target definitions and their destruction are considered by military experts of the leading, militarily, countries of the world as a critical element for achieving information superiority over the enemy. Analysis of the interaction of artillery reconnaissance forces and weapons and armaments of the leading military countries of the world provides an opportunity to study the development of weapons and military equipment to ensure the creation of an intelligence-information subsystem of artillery.

scholarly journals From Struggle for Law to Struggle for Sovereignty

2019 ◽  
pp. 11-20
Author(s):  
A. A. Klishas
Keyword(s):  
United States ◽  
International Cooperation ◽  
Russian Federation ◽  
United States Of America ◽  
System Analysis ◽  
The United States ◽  
Legal Regulation ◽  
Modern Trend ◽  
The Russian Federation ◽  
Constitutional Identity

Introduction. The article deals with the problems of sovereignty of modern states in the context of political confrontation at the beginning of the 21st century. The author performs a legal analysis of the issue of a state’s constitutional identity limitation by supranational interstate associations and the issue of inter-ference of some states in the affairs of others as a modern trend of interstate communication.Materials and methods. The theoretical basis of the research is the views of the German jurisprudent R. Jhering on the correlation of objective law and subjective law, as well as on the conditions that are necessary for the existence of the rule of law. The empirical basis of the research is represented by the current legal regulation of the Russian Federation and the United States of America, as well as by legislative initiatives being under consideration in the Congress of the United States of America. The methodological basis of the research is the formal logical method, the method of system analysis, structural and functional method.Results. On the basis of the analysis of modern trends in the interstate in-teraction and after consideration of individual domestic political decisions taken in the Russian Federation and the United States of America the author con-cludes, that the international cooperation is impossible without adopting sover-eignty ensuring government measures which measure up both to the violation of the state’s constitutional identity by interstate associations and to the interference of states into the internal affairs of others.Discussion and conclusion. Interference of interstate associations in a state’s constitutional identity and states’ consistent interference in the internal af-fairs of other states are an absolutely unacceptable practice from the standpoint of international law. Such a practice prevents the construction of international cooperation on the basis of consensus and mutual respect and brings to naught the effectiveness of interstate cooperation.

scholarly journals The Problem of Legal Regulation of International Information and Cybersecurity in Modern World Politics

2018 ◽  
Vol 5 (1) ◽  
pp. 66-72
Author(s):  
O V Stoletov
Keyword(s):  
United States ◽  
United States Of America ◽  
Cyber Security ◽  
State Level ◽  
The United States ◽  
Legal Regulation ◽  
World Politics ◽  
Modern World ◽  
Basic Principles ◽  
Legal Decisions

The article analyzes the approaches of the United States of America, Russia, China, India and Brazil to the problem of legal regulation of international information and cyber security. The author considers the positions of the states in relation to the basic principles of the existing international documents in the field of information and cyber security, analyzes new initiatives in the field of developing international political and legal decisions in this area, and studies the actual practice of political regulation of this sphere at the national-state level. The author concludes that the development of general principles of political and legal regulation of the sphere of international information and cyber security becomes an urgent need for a policy of global security.

scholarly journals Pharmaceutical innovations patenting: the experience of the Russian Federation, the United States of America, the European Union

2021 ◽  
Vol 65 (3) ◽  
pp. 269-275
Author(s):  
Diana A. Lebedeva
Keyword(s):  
United States ◽  
European Union ◽  
Russian Federation ◽  
United States Of America ◽  
The United States ◽  
Legal Regulation ◽  
Pharmaceutical Companies ◽  
The European Union ◽  
Innovative Solutions ◽  
The Russian Federation

Introduction. When patenting pharmaceutical innovations, in the context of rapid technological progress, pharmaceutical companies often have to face identifying patentable objects both in the Russian Federation and in the United States of America and the European Union. The aim of the study is to review the possibilities for patenting pharmaceutical innovations in the Russian Federation, the United States of America and the European Union, as well as to identify the advantages and disadvantages of legal regulation of innovative solutions of pharmaceutical companies in the context of the specifics of legal systems. Material and methods. The national legislation in patenting medical innovations was studied, and the relevant experience of the USA and the European Union was analyzed. The methodological basis of the research is made up of both general scientific and private scientific legal methods: systemic, method of concretization, methods of synthesis and analysis, as well as the comparative-legal method. Results. Depending on the legislator’s position, a basis is being formed for the legal regulation of innovative solutions of pharmaceutical companies, which may not yet be named in regulatory legal acts due to their fundamental novelty. Legal gaps and conflicts in the US and the EU are resolved through in-depth analysis and consideration of each specific dispute by the court. In Russia, the settlement of this issue is on the way to solving it through local regulations and the position of the relevant federal executive bodies. Conclusion. Patenting in the pharmaceutical field is mainly of a stimulating nature, since it allows protecting innovative solutions at the stage of their development. However, the legislator has particular difficulties in identifying patentable objects in the context of rapid technological progress.

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