Dispute Resolution in Modern Stream of Commerce: the Problem of Using of the Terms “Arbitration” and “Arbitration Court” in the Context of Existing Russian Legislation

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Александра Бойченко ◽  
Aleksandra Boychenko
Keyword(s):  
Comparative Analysis ◽  
Dispute Resolution ◽  
Russian Federation ◽  
Daily Life ◽  
Potential User ◽  
Legal Systems ◽  
Commercial Arbitration ◽  
The Status ◽  
The Russian Federation ◽  
Commercial Disputes

The author studies the problem of using of the terms “arbitration” and “state arbitration court” in the context of their use in relation to relevant institutions for resolution of commercial disputes. Through a comparative analysis of the term “arbitration” in the legal systems of some States, including the Russian Federation, the author identifies the differences and possible resolving ways of the problem of mixing these terms in Russia. On the basis of the research the author has arrived to the conclusion that it will be useful to change this terms in relation to state arbitration courts. In particular, the author proposes to call them economic, commercial or economic in order to prevent errors in the name of the courts in daily life and avoid the introduction of potential user confusion. The author believes that more preferable in this context the using of the term “commercial and administrative courts”. Also in the article was examined the problem of the Russian approach to the status of International Commercial Arbitration and its resolution of commercial disputes.

scholarly journals Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

scholarly journals Problems of Reforming the Russian Bar

2020 ◽  
Vol 15 (4) ◽  
pp. 49-54
Author(s):  
O. A. Serioznova
Keyword(s):  
Public Sphere ◽  
Russian Federation ◽  
Legal Assistance ◽  
Legal Systems ◽  
Domestic Legislation ◽  
The Status ◽  
Private And Public ◽  
The Russian Federation ◽  
The Law

This article is devoted to the reform of the Russian bar, namely – the possibility of legislative consolidation of the “lawyer monopoly” for the provision of qualified legal assistance to all subjects of the private and public sphere. The emphasis is supposed to be made on the analysis of the international legal reality that has developed in various legal systems regarding the status of the bar; proposals for the improvement of domestic legislation and the debate of supporters and opponents of the proposed reform aimed at the introduction of the lawyer monopoly in the Russian Federation; the possibility of the emergence of the law business.

scholarly journals Outcomes of the Water Strategy of the Russian Federation Implementation in Respect of Securing Hydraulic Facilities Safety

2018 ◽  
Author(s):  
Keyword(s):  
Comparative Analysis ◽  
Water Resources ◽  
Russian Federation ◽  
Quantitative Assessment ◽  
Annual Reports ◽  
Safe State ◽  
The Status ◽  
Federal Districts ◽  
The Russian Federation ◽  
Water Strategy

On the basis of the performed analysis of the annual State reports “On the status and use of water resources of the Russian Federation, annual reports of the Federal Service for Ecological, Technological and Nuclear Supervision, and the data of the Russian Register of Hydraulic Facilities the outcomes of the Water Strategy of the Russian Federation implementation with reference to securing of hydraulic facilities safety are presented as current by the end of 2017. Analysis of the data on conditions of hydraulic facilities by the regions and Federal districts of the Russian Federation has been carried out. The results of quantitative assessment of the implementation of measures aimed to attaining of the hydraulic facilities adequate level of safety have been considered. Comparative analysis of the hydraulic facilities safe state establishing by years has been done.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

A comparative analysis of the anthropogenic impact and user-pays principle availability in the model areas of the Russian Federation

2020 ◽  
Vol 18 (9) ◽  
pp. 1787-1798
Author(s):  
S.N. Ayusheeva
Keyword(s):  
Environmental Management ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Natural Environment ◽  
Anthropogenic Impact ◽  
Negative Impact ◽  
Economic Behavior ◽  
Environmental Investment ◽  
The Russian Federation ◽  
Comparative Systems

Subject. This article assesses the effectiveness of the existing system of environmental management based on the user-pays principle in terms of reducing the negative impact on the environment. Objectives. The article aims to conduct a comparative analysis of the anthropogenic impact on natural environment components and deficiency payments for pollution in the model areas of the Russian Federation. Methods. For the study, I used the methods of computational, comparative, systems, and structural analyses. Results. Based on the ecological rating of the Russian Federation subjects, the article defines model areas, assesses the degree of anthropogenic impact on the basis of pollution relative rates, and describes the particularities of environmental investment in the selected areas. Conclusions. The system of payments for pollution does not affect the economic behavior of economic entities.

THE COMPARATIVE ANALYSIS OF REQUIREMENTS FOR COMPLETION OF FIRST AID KITS IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 22 (1) ◽  
pp. 34-38
Author(s):  
Ибрагимова Г.Я. ◽  
◽  
Хабибуллина Д.Ш. ◽  
Гайсаров А.Х. ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
First Aid ◽  
The Russian Federation

Recommendations for Test Lab Regarding Transition to New Requirements GOST ISO/IEC 17025–2019

2020 ◽  
Vol 86 (2) ◽  
pp. 69-78
Author(s):  
S. N. Gusarova ◽  
Yu. M. Erokhina ◽  
D. I. Kramok ◽  
E. I. Khunuzidi
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Transition Period ◽  
Process Approach ◽  
National Standard ◽  
The Novel ◽  
Self Assessment ◽  
Testing Laboratories ◽  
The Russian Federation ◽  
Practical Level

Since September 1, 2019, GOST ISO/IEC 17025–2019 has been enacted as a national standard in the Russian Federation. The novel standard imposes a number of fundamentally new requirements for testing laboratories (hereinafter referred to as the IL or laboratory), and also supplements and specifies the requirements previously regulated by GOST ISO/IEC 17025–2009. In this regard, in order to transfer laboratories to the new requirements, the FSA issued an order in August 2019 listing the mandatory activities that IL must fulfill to bring their activities in line with the new requirements. However, a transition period desired for matching these requirements is absent on a practical level for a number of the laboratories. The purpose of the article is to facilitate a gentle, efficient and pain-free move from the requirements of GOST ISO/IEC 17025–2009 to the new requirements of GOST ISO/IEC 17025–2019, including compliance with new changes in accreditation criteria. We carried out a comparative analysis of the requirements of the new and previous versions of the standard and marked each new and significant item to which the laboratory should pay attention first of all. The new standard focuses on the application of the process approach, risk and opportunity management, as well as on implementation of the policy of impartiality, independence, minimization of competitive interests and confidentiality. The article describes the planning, implementation and monitoring of each event or phase of the transition of testing laboratories to new requirements. Moreover, the recommendations on the structure of the «Quality Manual» and self-assessment on the compliance of IL activities and QMS with the new requirements, including the use of statistical methods for substantiation of the correctness of the assessment are given as an example of the implementation of IL capabilities.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

Sign in / Sign up

Export Citation Format

Share Document