Variances in the development of justice: com parative analysis of the leading Western court systems

10.12737/5075 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 48-53 ◽  
Author(s):  
Екатерина Наквакина ◽  
Yekatyerina Nakvakina

The article deals with the problem of differences in the structure and functioning of court systems in the certain countries. Examples of these differences trace to the Ancient and Medieval history. Some model of explanation is proposed. Differences and interpretation of them are demonstrated concerning the contemporary court systems of the leading Western countries, including Great Britain, France, the USA, Germany, Scandinavian countries. The author concludes that reception of this or that foreign experience concerning Russian court system must be very carefully based upon full comparativist analysis touching not only comparative law, but comparative state studying and comparative political science.

10.12737/392 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Александр Малько ◽  
Aleksander Malko ◽  
Алексей Саломатин ◽  
Alexey Salomatin

Legal Policy as a new direction in Legal Sciences is to help in transformation of legal mechanism of the state and all the legal life. It has become extremely important thanks to extreme complexities of post-modernizing society under circumstances of erosion of state sovereignty, intensive communication and spreading of legal information, civil involvement in legislative process. But only applying of comparative method in the form of Comparative Law, Comparative State Studying, Comparative Political Science can make Legal Policy more effective and precise.


Author(s):  
Сергей Гордеев ◽  
Sergey Gordeev

Search activity as an independent field of work plays a significant role in the fight against crime. Nowadays active counteraction to crime investigation becomes almost an everyday occurrence. And concealing a person from investigative authorities and trial is one of its most wide spread methods, that contributes to the violation of the principle of unavoidability of punishment, appearance of latent crimes and recidivism, formation of an opinion on worthlessness of law enforcement authorities among certain persons, generating their sense of anxiety, impunity and all permissiveness, thus impeding the formation of a healthy moral-psychological climate in the society. And the condition of being a missing person should signify accidents, suicide or criminal circumstances. Further improvement of the search activity presupposes comparative law analysis and study of the foreign experience of its organization and tactics. The article researches legislative regulation of the search activity of law enforcement authorities in the CIS and Baltic states, analyzes peculiarities of organizing this area of fight against crime in such global community countries, as Austria, Great Britain, Germany, India, PRC, the Saudi Arabia, France, and Japan.


2020 ◽  
pp. 56-71
Author(s):  
Valentyna Benera ◽  
Tsisaruk

Foreign experience of problem of professional development of future specialists is examined in the article, professional preparation of future teachers of labor studies and technologies is analyzed in particular. A study of scientific materials is undertaken in relation to experience of professional development of future teachers of technologies in countries, that is distinguished by the high level of pedagogical education, - to the USA, Great Britain and Poland. Exactly these countries on the draught of many years demonstrate the high indexes of quality education in relation to professional preparation of future teachers and them professional development in further pedagogical activity. The special attention is deserved by schools of professional development of teachers of technologies in the USA, that not only prepare future teachers but also care of professional development of practical teachers-workers, increase of level of their pedagogical activity. Also, it is marked in the article, that at higher school of Great Britain there is support of the state from development of technology, that shows up in providing of standards and software with the aim of realization of competence approach and professional self-development of future teachers and teachers that work. Different vector of forms of organization of educational process at higher school of Great Britain assist a free choice the student of certain form of studies or their combination, to academic mobility with taking into account of his inclinations and making and professional increase of the future specialist. On the basis of analysis of professional preparation at higher school of Poland investigational, that professional development of future specialist comes true through at level to the licentiate and master's degree studios and provided by configuration of approach of the systems from introduction of the Polish system of vocational orientation on studies on speciality to realization of practical preparation with introduction of the modern practice-oriented forms and methods of studies in the conditions of application of interactive technologies in the subject-subject interaction with the teacher of higher school and orientation on self-realization, achievement of success on the stage professional preparation and further professional to development. The results of logical-systemic analysis of scientifically-pedagogical literature in relation to professional development of future teachers of technologies in foreign countries allow to assert that scientists show the increase personal interest the problem of preparation of teachers in other countries. Keywords: professional development, future teacher of labor studies and technologies, specialist, professional preparation, foreign experience


2020 ◽  
Vol 9 (27) ◽  
pp. 544-551
Author(s):  
Svitlana Viktorivna Yevdokimenko ◽  
Anna Oleksandrivna Naumova ◽  
SvitlanaOleksiivna Yakymchuk ◽  
Vladyslav Volodymyrovych Povydysh

The purpose of the article is to substantiate, on the basis of the analysis of the legislation of France, Italy, Germany, Great Britain and the USA, the ways of improving the legislation of Ukraine in the sphere of ensuring the rights of citizens by the prosecuting authorities. During the writing of the article, such methods as comparative-legal, system-structural, logical-normative were used. The relevance of the article is due to the fact that the optimization of the activity of the prosecution bodies is impossible without taking into account foreign experience. This issue is of particular importance in the field of ensuring human rights and freedoms by the prosecuting authorities. Concidering that fact, the legislation of France, Italy, Germany, the United Kingdom and the United States has been analyzed, which made it possible to formulate certain ways of improving national legislation on the protection of citizens' rights by prosecuting authorities. It has been justified to improve the administrative status of the prosecution bodies, to review its functions, the requirements for the level of training and to legislate a clear mechanism for the implementation of functions. According to the results of the study, the authors have identified possible ways of using the positive foreign experience of administrative and legal support of citizens' rights by prosecuting authorities.


2021 ◽  
pp. 20-26
Author(s):  
Elena S. Voznesenskaya ◽  
Nadezhda I. Dmitrienko

Approaches to assessment and standardization of daylighting of residential and public buildings in Russia and abroad are compared. The recommendations for the design of daylighting adopted in the USA, Great Britain, Germany, France, Poland, and Finland, as well as the requirements of the European standard for daylighting are considered. It is emphasized that comparison of domestic experience with foreign experience in terms of environmental design and energy efficiency of buildings can find goals for improving regulatory requirements for daylighting in Russia.


Author(s):  
Наталья Анатольевна Симагина

На сегодняшний день в международных документах не дается определения заявленных в заглавии статьи обстоятельств. Само перечисление обстоятельств чаще всего имеет место при рассмотрении условий, позволяющих сделать вывод об отсутствии необходимости заключения лица под стражу в качестве меры пресечения. В связи с этим актуальность данной темы состоит в том, что указанный процесс законодательно не урегулирован в полном объеме. Цель статьи - рассмотреть зарубежный опыт обстоятельств, учитываемых при избрании меры пресечения в виде заключения под стражу на примере таких стран, как США, Великобритания, Германия, Австрия. Реализация поставленной цели была достигнута при помощи общенаучных (диалектический, анализа, синтеза) и частнонаучных (формально-юридический, сравнительно-правовой) методов. To date, international documents do not define the circumstances considered in the article. And the enumeration of circumstances most often takes place when considering conditions that allow us to conclude that there is no need to detain a person as a preventive measure. In this regard, the relevance of this topic is that this process is not legally regulated in full. The purpose of the article is to consider the foreign experience of the circumstances taken into account when choosing a preventive measure in the form of detention on the example of such countries as the USA, Great Britain, Germany, Austria. Based on an analysis of the characteristics of such circumstances, the author comes to the conclusion that it is rational to establish in the law a provision on the admissibility of the use of imprisonment for suspects (accused) in committing, as a rule, serious and especially grave crimes.


Author(s):  
Luca Ozzano

This essay deals with religious fundamentalist movements engaged in democratic politics: a phenomenon still not thoroughly analyzed by comparative political science. First of all, it proposes a definition of religious fundamentalism which can be suitable for political science research (connecting the existing theories about fundamentalism to the literature about collective identities and social movements: particularly the political opportunity structure and resource mobilization models). Later, it takes into account four cases of religious fundamentalist movements in democratic regimes: the Christian right in the USA, the sangh parivar in India, the Jewish religious nationalist movement in Israel, and the Islamist movement in Turkey. In this section, the main features of the movements’ mobilization and their political strategies are singled out. The work eventually tries to find out common patterns by comparing the different movements, their relationship with politics, and their impact on public policies. Particularly, it proposes a typology of fundamentalist movements in democracy, according to their political strategies and the ideological orientation of their issues.


Author(s):  
Halyna Kuzub

The problem of power decentralization is up to date in a modern political science. We can trace its historical genesis first in European and further in the USA political ideas. Decentralization of power was considered along with the study of a perfect state system, civil society and local self-government. It is argued that the major part of successful process of power decentralization in the Western Europe was due to the idea nature for their political culture. The article attempts to retrace the history of the idea of power decentralization. As a background of the investigations of such thinkers as J. Bodin, J. Althusius, J. Locke, J.-J. Rousseau, C.-L. Montesquieu, R. Owen, C. Fourier, J. S.Mill, T. Jefferson, A. de Tocqueville and M. Dragomanov were thoroughly investigated. The paper also considers the modern definitions of power decentralization. Likewise the value of structural functionalism, symbolic interactionism and constructivism are argued in terms of further surveys of power decentralization. To conclude, the author opines that civil servants training, their theoretical teaching and moral education have to become the main objectives in perspective investigations. Furthermore, the success of power decentralization depends not only on devoting authority by central government, but also on capacity of its implementation by deputies on the local level. Keywords: Decentralization of power, deconcentration of power, administrative and political decentralization, classical and non-classical philosophy, structural functionalism, symbolic interactionism, construc-tivism


Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.


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