scholarly journals LEGAL REGULATION OF MARRIAGE IN FACT IN RUSSIA AND THE USA

2016 ◽  
pp. 0-0
Author(s):  
Анна Назарова ◽  
Anna Nazarova
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Us States ◽  
Legal Norms ◽  
Legal Method ◽  
The Us ◽  
The Usa

This article is devoted to the analysis of legal regulation of marriage in fact in the Russian Federation and the United States. The purpose of this work is due to an increase in the number of marriage in fact and as a consequence the need for legal regulation of these relations. For a comprehensive study the author uses comparative legal method that takes into account the experience of not only Russia, but also foreign states. The author examines the legal regulation of marriage in fact in Russia and the United States; defines the legal norms, which is applied for the regulation of relations between the actual spouses, current Russian legislation and the legislation of the states of the USA. In the issue the researcher comes to the conclusion that neither in Russia, nor in the US states in the regulation of marriage in fact, special marriage and family provisions are not applied. At the same time the factual spouses are under legal protection. In Russia, the legal regulation of the relations developing between the actual spouses, no different from the regulation of corresponding relations of other persons. In some US states the actual spouses have special rights and duties, the scope of which is substantially less than the amount of the rights and duties of legal spouses.

scholarly journals The Legal Status of Election Officials in the State of Montana

Legal Concept ◽  
2019 ◽  
pp. 137-144
Author(s):  
Alexey Szydlowski
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Full Description ◽  
Election Law ◽  
Us States ◽  
American Federation ◽  
Wide Range ◽  
The Us

Introduction: the election law of the US states to date remains insufficiently studied not only in Russia but also abroad. This is due to the fact that the legal regulation of the electoral process in America is attributed to the powers of the states or municipalities, depending on the legal doctrine applied by the state – Cooley Doctrine or Dillon Rule, which objectively imposes a limit on its study and generalization. The purpose of the study is to acquaint a wide range of scientific community with the latest research in the field of the US election law in regard to the first in the domestic law full description of the organizers of elections and referendums at the state and municipal levels in the United States. The author reviews a wide range of regional and local legislation with references to the constitutional, legal and regulatory acts of the US States. The paper is part of a series that explores all fifty subjects of the American Federation and the District of Columbia. Procedure and methods of research: the author analyzes the constitutional and electoral legislation of the United States at the level of Montana at the beginning of 2019. The methodology of the study was the comparative law, formal-legal, formal-dogmatic, specific-sociological, empirical, dialectical, analytical methods, the systematic approach. Results: the information about the organizers of elections and referendums in Montana, which was not previously covered in the Russian scientific literature, is introduced into scientific circulation. The interpretations of certain provisions of the law and legal consciousness of the U.S election law and law enforcement practice are given. The gaps of the legislation requiring additional research are surfaced. The theoretical and practical significance lies in the generalization of both the established and the latest legal sources (constitutions, organic laws, federal laws, charters, by-laws and regulations) of the United States and the subject of the American Federation and the development of proposals for the enrichment of the Russian science and the formation of objective understanding of the processes taking place in the United States in the field of constitutional, electoral law and the state-building. Conclusions: for a systematic and comparative legal analysis the author proposed the review of the legislation on the organizers of elections and referendums of Montana, revealing the existing contradictions, from the point of view of the Russian researcher, which allows considering the full range of elements of the electoral legislation of Montana from a new angle, seeing new legal structures, previously unknown to the domestic statesmen and law enforcers.

scholarly journals Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States

2015 ◽  
pp. 209-214
Author(s):  
S. E. Kuzmin
Keyword(s):  
United States ◽  
Mergers And Acquisitions ◽  
Separation Of Powers ◽  
Case Law ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Judicial Decisions ◽  
The Us ◽  
The Usa

The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition) laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the higher courts are binding for cases adjudicated in lower courts. Judicial decisions have a major impact on the regulation of mergers and acquisitions of corporations, in particular, the state corporate Laws. The article analyses the main similarities and differences of sources of legal regulation of mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States.

scholarly journals LEGAL REGULATION OF THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES BY PERSONS, NOT MARRIED AMONG THEMSELVES, IN RUSSIA AND THE USA

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Анна Назарова ◽  
Anna Nazarova
Keyword(s):  
Assisted Reproductive Technologies ◽  
Adult Population ◽  
The United States ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Human Reproduction ◽  
Modern World ◽  
Legal Method ◽  
The Us ◽  
The Usa

This article is devoted to analysis of legal regulation of the use of assisted reproductive technologies by persons, not married among themselves, in the Russia and the United States. The purpose of this work is due to the increase in the number of actual marital relations in the modern world and the emergence of new ways of human reproduction. In Russia 13% of the adult population are in unregistered marriages. For best results of the investigation, the author used a comparative legal method, that allows to consider the experience of not only Russia, but also foreign countries. The author of the article examines the existing in Russia and the US versions of legal regulation of the use of assisted reproductive technologies by persons not married to each other. The author compares the regulation of the legal consequences of persons, married and non-married among themselves. As a result of the conducted research the author comes to the conclusion that in Russia the legal regulation of the effects of the use of assisted reproductive technologies differ depending on the marital status among themselves. Persons, who are not married, are not subject to special provisions of the Family Code of the Russian Federation, dedicated to regulation of the legal implications of the use of reproductive technologies. In the US it is fixed the same procedure for determining the origin of a child, conceived by nontraditional means, regardless of the status of persons in marriage.

Interaction of Ukrainian Diaspora and the USA Government Regarding Celebration of Ukrainian Independence Day on January 22

2018 ◽  
Vol 1 (47) ◽  
pp. 136-145
Author(s):  
Halyna Shchyhelska
Keyword(s):  
United States ◽  
House Of Representatives ◽  
The United States ◽  
100Th Anniversary ◽  
Totalitarian Regime ◽  
The Public ◽  
Us Congress ◽  
The Us ◽  
Public Consciousness ◽  
The Usa

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

scholarly journals Private space flights: legal regulation in the United States

2020 ◽  
pp. 382-388
Author(s):  
Оleksandr Zadorozhny
Keyword(s):  
United States ◽  
Space Flight ◽  
The United States ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Gradual Transition ◽  
Significant Shift ◽  
Private Space ◽  
Space Flights ◽  
The Usa

The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

The United States

2017 ◽  
Author(s):  
J. C. Sharman
Keyword(s):  
United States ◽  
The United States ◽  
Turn Of The Century ◽  
Patriot Act ◽  
Foreign Corrupt Practices Act ◽  
The Us ◽  
Before And After ◽  
The Status ◽  
The Usa ◽  
Successful Prevention

This chapter begins by tracing the origins of the anti-kleptocracy cause in the United States, starting with the harsh Cold War environment and the Foreign Corrupt Practices Act of 1977. It explores the status quo ante of dictators being able to launder their funds in the US financial system with impunity immediately before and after the turn of the century. At this time, there was no law prohibiting American banks and other institutions receiving the proceeds of foreign corruption. The USA Patriot Act closed this legal loophole, yet practice lagged, and laws at first failed to have much of an impact. More recent cases indicate at least partial effectiveness, however, with instances of successful prevention and some looted wealth confiscated and returned.

Lessons Learned from the Canada–China FIPA for the US–China BIT and beyond

2019 ◽  
pp. 116-141 ◽  
Author(s):  
Kyle Dylan Dickson-Smith
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
International Investment ◽  
Economic Benefits ◽  
Lessons Learned ◽  
The European Union ◽  
Investment Protection ◽  
The Us ◽  
Investment Agreements

Key lessons can be made from analysing a unique and recent BIT, the Canada–China Foreign Investment Protection Agreement (FIPA), in order better to predict and identify the opportunities and challenges for potential BIT counterparties of China (such as the United States, the European Union (EU), India, the Gulf Cooperation Council, and Columbia). The Canada–China FIPA and the anticipated US–China BIT (and EU–China BIT) collectively fall into a unique class of investment agreements, in that they represent a convergence of diverse ideologies of international investment norms/protections with two distinct (East/West) underlying domestic legal and economic systems. The purpose of this chapter is to appreciate and utilize the legal content of the Canada–China FIPA in order to isolate the opportunities and challenges for investment agreements currently under negotiation (focusing on the US–China BIT). This analysis is conducted from the perspective of China’s traditional BIT practice and political–economic goals, relative to that of its counterparty. This chapter briefly addresses the economic and broader diplomatic relationship between China and Canada, comparing that with the United States. It then analyses a broad selection of key substantive and procedural obligations of the Canada–China FIPA, addressing their impact, individually and cumulatively, to extract what lessons can be learned for the United States (US) and other negotiating parties. This analysis identifies the degree of investment liberalization and legal protection that Canada and China have achieved, and whether these standards are reciprocally applied. The analysis is not divorced from the relevant political economy and negotiating position between China and the counterparty and the perceived economic benefits of each party, as well as any diplomatic sensitive obstacles between the parties. While this chapter does not exhaustively analyse each substantive and procedural right, it provides enough of a comprehensive basis to reveal those challenges that remain for future bilateral negotiations with China.

scholarly journals Complex Network Analysis of the Contiguous United States Graph

2017 ◽  
Vol 10 (1) ◽  
pp. 54 ◽  
Author(s):  
Natarajan Meghanathan
Keyword(s):  
United States ◽  
Dominating Set ◽  
Maximal Clique ◽  
The United States ◽  
Clustering Coefficient ◽  
Network Graph ◽  
Central State ◽  
Us States ◽  
Centrality Metrics ◽  
The Us

We model the contiguous states (48 states and the District of Columbia) of the United States (US) as an undirected network graph with each state represented as a node and there is an edge between two nodes if the corresponding two states share a common border. We determine a ranking of the states in the US with respect to a suite of node-level metrics: the centrality metrics (degree, eigenvector, betweenness and closeness), eccentricity, maximal clique size, and local clustering coefficient. We propose a normalization-based approach to obtain a comprehensive centrality ranking of the vertices (that is most likely to be tie-free) encompassing the normalized values of the four centrality metrics. We have applied the proposed normalization-based approach on the US States graph to obtain a tie-free ranking of the vertices based on a comprehensive centrality score. We observe the state of Missouri to be the most central state with respect to all the four centrality metrics. We have also analyzed the US States graph with respect to a suite of network-level metrics: bipartivity index, assortativity index, modularity, size of the minimum connected dominating set, algebraic connectivity and degree metrics. The approach taken in this paper could be useful for several application domains: transportation networks (to identify central hubs), politics (to identify campaign venues with larger geographic coverage), cultural and electoral studies (to identify communities of states that are relatively proximal to each other) and etc.

scholarly journals The Experience of Legal Regulation of Reclamation of the Developed Space by the Leading Countries of Coal Mining

2020 ◽  
Vol 174 ◽  
pp. 02012
Author(s):  
Irina Verchagina ◽  
Irina Kolechkina ◽  
Elena Shustova
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Coal Mining ◽  
Mineral Resources ◽  
The United States ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
The Us

The article presents the results of a study of the regulatory framework and the experience of regulating the issues of reclamation of the developed space of the leading coal mining countries - the United States and China. The laws of China on mineral resources and environmental protection, the US practice of creating a system for restoring disturbed space as a result of mining, are examined

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