Trends in the development of Russian legislation in the light of comparative law

10.12737/5059 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 15-19
Author(s):  
Татьяна Желдыбина ◽  
Tatiana Zheldybina
Keyword(s):  
International Law ◽  
Significant Influence ◽  
Comparative Law ◽  
Legal Regulation ◽  
Modern System ◽  
Independent States ◽  
Important Means ◽  
The Russian Federation ◽  
Law And Legislation

The article studies the main trends in the Russian legislation in line with the development of one of the most important areas of research is Comparative Law. The factors contribute to the interaction of national and international law. Particular emphasis is placed on the increasing influence of international law and legislation on national law and legislation. The tendency of the approximation of laws is the Commonwealth of Independent States, as well as the need to develop a model and framework legislation. The author notes the important role of comparative jurisprudence, the importance of which increases sharply in the present conditions as a kind of course, with which is possible to solve legislative problems and acting as an important means of harmonization of legislation in modern Russia. Found that the need to harmonize national and supranational legislation under interstate associations in accordance with international norms and standards is an admitted fact. The article concludes that the significant influence of comparative law to build a modern system of legislation of the Russian Federation. Development of domestic and international law and legislation reflects the direction of convergence of legal regulation that is leading the trend of development of Russian legislation in the light of comparative law.

The Territorial Approach to the Content of the Closest Connection Principle

2021 ◽  
pp. 251-260
Author(s):  
Tatiana V. Novikova ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Private International Law ◽  
The European Union ◽  
Law System ◽  
The Supreme Court ◽  
Independent States ◽  
The Russian Federation ◽  
Territorial Approach

The main aim of the research is to substantiate the predominant role of the territorial approach to the content of the closest connection principle. The research is conducted in three steps. Firstly, the title “territorial” (instead of “conflict of laws”) approach is defended. Secondly, the objective test of the closest and most real connection defined by the Bonython formula, which was elaborated in English case law, is analysed. Thirdly, the norms of the private international law of the Russian Federation, other states members of the Commonwealth of Independent States, and the European Union reflecting the closest connection principle are also analysed. As a result of the research, the following conclusions are formulated. Firstly, the closest connection principle is based on the territorial approach and absolutely cannot function without it. At the same time, material law factors (including weaker party protection, lex validatis, etc.) supplement the territorial approach being able to tip the scale in favour of one of the territorially connected legal orders. On this basis, the author proposes to consider the closest connection principle in narrow (territorial) and broad (territorial, supplemented by material law factors) senses instead of various approaches to its content. Secondly, the territorial approach to the content of the closest connection principle is based on search for contacts with a state (country), whereas the territorial approach enrichment with overriding material law factors, caused by the general trend of private international law materialization, is aimed at the analysis of one or another law’s preferences and consequently at the revelation of links with law (system of law). Nevertheless, the analysis of norms of private international law allows concluding that, when prescribing the closest connection principle, the legislator does not make a distinction between terms “country” and “law”, and therefore one should not overemphasise these terms in attempts to understand the content of the principle. Thirdly, modern private international law acknowledges the closest connection principle in broad sense as territorial localization supplemented by material law factors, which is indicated in particular by para. 6 of the Supreme Court of the Russian Federation Regulation “On the Application of Norms of Private International Law by the Courts of the Russian Federation”. What is specifically important, the necessity to add material law considerations and their legal weight should be evaluated by the court on the basis of analysing the substance of the existing legal relations between the parties as well as the aggregate of other circumstances of the case.

scholarly journals Contribution of the Russian Federation to the Development of Modern International Law

2019 ◽  
pp. 106-114
Author(s):  
K. A. Bekyashev ◽  
D. K. Bekyashev
Keyword(s):  
International Relations ◽  
International Law ◽  
Russian Federation ◽  
Legal Regulation ◽  
Present Stage ◽  
Progressive Development ◽  
Essential Tool ◽  
Global Problems ◽  
The Russian Federation

The paper highlights the role of international law in the regulation of modern international relations. It is noted that international law is an essential tool for managing the activities of participants in international relations. Particular attention is given to the role of Russia in modern international law. The role of the Russian Federation in the progressive development of international law is analyzed. The authors give examples of the activities in the drafting of international legal acts at the present stage, as well as proposals put forward by Russia on the need for legal regulation of the most significant global problems of modernity for international relations. The conducted analysis suggests that the Russian Federation is currently one of the guarantors of international law. 

scholarly journals Legal substantiation of retaliatory measures of the Russian Federation to economic sanctions of the United States, European Union, and their allies

2020 ◽  
pp. 24-37
Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva
Keyword(s):  
United States ◽  
European Union ◽  
International Law ◽  
Russian Federation ◽  
Economic Activity ◽  
Economic Sanctions ◽  
The United States ◽  
Legal Regulation ◽  
Private International Law ◽  
The Russian Federation

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.

scholarly journals World Russian People’s Council and Interreligious Council of Russia: New Formats of Interreligious and Interethnic Dialogue in Post-Soviet Russia at Turn of 20th — 21st Centuries

2021 ◽  
pp. 355-370
Author(s):  
Yu. Yu. Ierusalimskiy ◽  
A. B. Rudakov
Keyword(s):  
Russian Federation ◽  
Interfaith Dialogue ◽  
Russian Orthodox ◽  
Russian Orthodox Church ◽  
Traditional Religions ◽  
The World ◽  
Independent States ◽  
The Russian Federation ◽  
Soviet Russia

The article is devoted to the study of the role of the World Russian People’s Council and the Interreligious Council of Russia in establishing interfaith dialogue in post-Soviet Russia. The speeches of delegates at council meetings and sessions of the World Russian People’s Council are analyzed. The importance of interfaith dialogue at the site of the World Russian People’s Council was confirmed by the participation of the highest clergy and clergy of different confessions of the Russian Federation and the Commonwealth of Independent States at the cathedral meeting “Russia: the path to salvation” (1998). The importance of the agreement on the establishment of the Interreligious Council of Russia (1998) for the representation in it of the “traditional religions” of the Russian Federation: Orthodoxy, Islam, Buddhism and Judaism is noted. The assessments of publicists and researchers in relation to the Interreligious Council of Russia, including critical ones, are given. It is noted that the interaction of the Russian Orthodox Church with representatives of other confessions continued at the 5th and 6th World Russian People’s Councils in 1999 and 2001. The conclusions indicate that the activities of the World Russian People’s Council and the Interreligious Council of Russia at the turn of the XX—XXI centuries showed the importance of cooperation and respectful relations between representatives of Orthodoxy, Islam, Buddhism, Judaism and other confessions.

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Organizational and Legal Peculiarities of Operations of Regional Control and Accounts Authorities of Russia — Members of the European Organization of Regional Institutions of External Public Finance Audit: On the Efficiency of Membership in EURORAI

Financial law ◽  
2021 ◽  
Vol 1 ◽  
pp. 3-9
Author(s):  
Igor B. Lagutin ◽  
Keyword(s):  
Public Finance ◽  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
External Control ◽  
European Organization ◽  
Regional Institutions ◽  
Regional Control ◽  
The Russian Federation

This article is devoted to the study of the characteristics of the organization, activities and legal regulation of the European Organization of Regional External Public Finance Audit Institutions (EURORAI). The role of EURORAI in the development of Russian legislation governing the organization and activities of the control and accounting bodies of the constituent entities of the Russian Federation and municipalities is analyzed. The article studies the structure, powers and composition of participants in the European Organization of Regional External Public Finance Audit Institutions (EURORAI). Separately, the article considers the issue of legal support for the organization and activities of the European Organization of regional bodies of external control of public finances, as well as its international legal status. The article concludes that the effectiveness of the interaction between the control and accounting bodies — members of EURORAI, is at a low level and practically does not have any effect on the activities of the control and accounting bodies of the constituent entities of the Russian Federation, and is more important for improving its legal status in the regional level.

The International Court of Justice During the Battle for International Law (1955–1975)

2019 ◽  
pp. 235-256
Author(s):  
Ingo Venzke
Keyword(s):  
West Africa ◽  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Icj ◽  
Independent States ◽  
South West Africa ◽  
Newly Independent States

This chapter investigates the role of the International Court of Justice (ICJ) during the battle for international law circa the years of 1955–1975. It first draws attention to newly independent states that saw the Court in its role of reinforcing international law’s colonial imprints. The chapter then focuses on the Court’s captivating highpoint during the battle for international law: its 1962 and 1966 Judgments in South West Africa, and the jarring 1966 decision which, in the eyes of many states, presented the ICJ as a ‘white man’s court’ in a white man’s world. The chapter then shows the effects of the 1966 decision in judicial elections and the quest to change the composition of the bench. Finally, the chapter argues that the present inquiry serves as a vivid reminder that international law and its institutions are the product of a veritable struggle, then as now.

Gendarme railway police: experience of mass transportation in the territory of the Kursk Governorate (1896–1914)

2020 ◽  
pp. 110-119
Author(s):  
Nikolai N. Petrykin
Keyword(s):  
Police Department ◽  
Legal Regulation ◽  
Police Departments ◽  
Railway Transportation ◽  
History Of ◽  
Moral Condition ◽  
The Russian Federation ◽  
The Russian Empire ◽  
First Time

We contribute to the discussion of the results of a significant resettlement policy, the role of the gendarme railway police in its implementation and the role of the gendarme structure in the history of the Russian Empire. For the first time, we make an attempt to disclose the mechanism of the gendarme railway police in implementing the state’s resettlement policy in the area of migration flows on the materials of the Kursk Governorate, taking into account the existing rail-way network and the structure of the gendarme police departments. Based on the materials of the State Archive of the Russian Federation and local archives, the issues of legal regulation of mass railway transportation by the gendarme railway police are considered. An analysis of the gen-darme’s paperwork based on the materials of the Kursk branch of the gendarme police department of the Moscow-Kursk railway is given, aspects of interaction with the railway administration, local authorities, and the general police are highlighted. We trace the change and expansion of the duties of the railway gendarmes in connection with changes in the resettlement policy during the period under review and highlight the main stages. Particular attention is paid to issues of public safety in the context of criminalization on the railways. We show the role of the gendarme railway police in ensuring the sanitary and epidemiological welfare of passengers, taking into account the situation in the Kursk Governorate. Particular attention is paid to the influence of resettlement processes on the internal organizational, personnel aspects of the activities of the railway police, the dependence of the employee’s spiritual and moral condition on personal choice. We draw conclusions on the significance, scale, diversity of the gendarme railway police activities during the implementation of the resettlement policy.

Sign in / Sign up

Export Citation Format

Share Document