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Journal articles on the topic 'Foreign Law and legislation'
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1
Боголюбов, Сергей, and Syergyey Bogolyubov. "FOREIGN LEGISLATION ON AGRICULTURE AS SUBJECT OF COMPARATIVE LAW RESEARCH." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16125.
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Research of relevant foreign legislations on agriculture and conducting of comparative law analysis in this sphere serve as scientific support for the development of domestic agricultural legislation. In the Institute of Legislation and Comparative Law such works are carried out by the department of agricultural, ecological and natural resources legislation and by the department of foreign civil legislation. Such comparative law comparisons can always be found in the Institute research papers, varying depending on the topicality of problems and social and economic situation in this country and in the world. Special attention is paid to the development and variety of forms of ownership in the agro-industrial complex, its government support, cooperative building construction in villages, to the use, protection and recovery of agricultural lands, forest resources, animal and vegetal life, sustainable development of rural settlements. Having become the subject of comparative law research, the analysis and summary of foreign legislation on agriculture make a positive contribution to modernization of the Russian legislation.
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Leka, Yu V. "The Motive Of Crime In Foreign Law: A Comparative Legal Analysis." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 145–54. http://dx.doi.org/10.15330/apiclu.51.145-154.
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The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.
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Пилипенко, Анатолий, and Anatoliy Pilipyenko. "COMPARATIVE CONSTITUTIONAL AND ADMINISTRATIVE LAW: FROM ORIGINS TO MODERN ERA." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16120.
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If we consider 1965 to be the initial date of the formation of constitutional and administrative comparative studies, the year of creation in the Institute of the sector for foreign legislation on State Building, then this direction of the comparative law can rightly celebrate its 50th anniversary. During this period, the main research directions in the Comparative Constitutional and Administrative Law were determined: study and mastering of the comparative law method, research of organization and procedure of law-making, organization and procedures for preparation of draft legislation, legislative technique, Constitutions of foreign countries, a foreign federation, legal status of an individual, system of state-forming organs, individual institutions of constitutional and administrative law, modern trends in the development of administrative law, and others. These areas, in essence, define themes for future comparative law research in the field of comparative constitutional and administrative law.
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Mahafzah, Qais Ali, and Bernadette Hanna Numan. "The Legal Consequences of Protecting Unregistered Well-known Foreign Trademarks under Jordanian Legislation." Arab Law Quarterly 30, no. 4 (October 20, 2016): 378–94. http://dx.doi.org/10.1163/15730255-12341327.
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This article distinguishes between the protection of well-known foreign trademarks and well-known national trademarks under Jordanian legislation, in particular the Jordanian Trademarks Law and the Unfair Competition and Trade Secrets Law. This article does not dispute that well-known foreign trademarks will enjoy certain privileges, whether registered or not. Rather it contends that reforming Jordanian Trademarks Law to remove vagueness in protecting well-known national trademarks may hold merit. Any legislative change, however, would need to be carefully considered in light of how well-known foreign and national trademarks generally coexist under the Jordanian Trademarks Law.
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Antonov, V. I., and E. V. Antonov. "ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY." Bulletin of Udmurt University. Series Economics and Law 30, no. 6 (December 28, 2020): 844–50. http://dx.doi.org/10.35634/2412-9593-2020-30-6-844-850.
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The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.
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Kadzharov, R. "Inheritance Relations in Private International Law." Bulletin of Science and Practice 6, no. 1 (January 15, 2020): 283–86. http://dx.doi.org/10.33619/2414-2948/50/34.
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The article discusses the legal problems of inheritance relations in the Russian Federation and foreign countries. The relevance of the topic under study is due to the need to form a legal environment emerging in the process of inheritance of tort obligations and the form of the will in Russian and foreign laws. A legal analysis of Russian legislation and international treaties, foreign legislation and judicial practice in the field of inheritance regulation in the Russian Federation and foreign countries is carried out. Particular attention is paid to the unification of international norms in the field of testament form. The author concludes that international law on inheritance has its drawbacks and requires further adjustments.
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Okuyucu-Ergün, Güne. "Anti-Corruption Legislation In Turkish Law." German Law Journal 8, no. 9 (September 1, 2007): 903–14. http://dx.doi.org/10.1017/s2071832200006040.
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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.
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LYSKO, Tetiana. "Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries." Economics. Finances. Law, no. 5/2 (May 29, 2020): 32–35. http://dx.doi.org/10.37634/efp.2020.5(2).6.
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The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.
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Makhmudov, Olmos Тolif Ugli. "Application Of Imprisonment In Criminal Law: Foreign Experience." American Journal of Political Science Law and Criminology 3, no. 05 (May 19, 2021): 33–42. http://dx.doi.org/10.37547/tajpslc/volume03issue05-06.
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This article examines the use of punishment in the form of imprisonment in the legislation of foreign countries. This article analyzes the role of imprisonment in the criminal justice system of some foreign countries, as well as its application to the crime committed, the terms and conditions of imprisonment. The issues of development and implementation of the most effective, but at the same time promising methods and techniques of influencing convicts serving sentences in foreign countries are analyzed.
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Fəxrəddin qızı Qasımzadə, Ləman. "Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran." SCIENTIFIC WORK 67, no. 06 (June 21, 2021): 108–12. http://dx.doi.org/10.36719/2663-4619/67/108-112.
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In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak
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Khamitova, G. M., and A. I. Khabirov. "Legal regulation of medical waste disposal in foreign law." Journal of Law and Administration 17, no. 2 (July 16, 2021): 53–60. http://dx.doi.org/10.24833/2073-8420-2021-2-59-53-60.
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Introduction. The article considers international and national experience in legal regulation of medical waste disposal. The special attention is given to foreign experience and possibility of application and perfection of the legislation on medical waste recycling in the Russian Federation.Materials and methods. Realization of research tasks has been reached on the basis of studying theoretical and practical experience of foreign countries concerning regulation of medical waste utilization. The study is based on the method of analysis of the current regulatory and legal framework in the Russian Federation, the practice of applying the legislation by judicial and other competent authorities and existing European (world) standards for the purposes of legal unification. Study results. In the article experience of the foreign countries concerning legal regulation of medical waste recycling, presented in the works of foreign and domestic researchers, the legislation of foreign countries is considered; the analysis of the sources regulating recycling of medical waste is conducted; various concepts of classifications of medical waste are revealed.Discussion and conclusions. The study showed that polymorphism of medical waste is both an epidemiological and environmental hazard. The problem is compounded by the potential hazards that arise from contact with these wastes, such as toxicity, radioactivity and infection. This is why environmental and environmental legislation is of particular importance, along with health and sanitary legislation. These legal norms should be taken into account by medical institutions when developing procedures for handling hospital waste. On the basis of the above-stated it seems expedient to study the experience of developed countries, in particular of the USA and the European states, concerning legal regulation of utilization of medical wastes as the problem of safe handling of medical wastes is important for each subject of the Russian Federation.
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Akramov, Akmal. "Prospectives Of Trust Management Of Property In Uzbekistan." American Journal of Political Science Law and Criminology 02, no. 11 (November 28, 2020): 143–50. http://dx.doi.org/10.37547/tajpslc/volume02issue11-24.
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In this research work, the concept of trust management of property, its basic principles, the role and importance of the norms of legislation in the field of trust management of property in the conduct of entrepreneurial activity are studied. At the same time, legislation in the field of business law and civil law norms related to trust management of property were analyzed. Legislative acts and the associated law-enforcement practice of some foreign countries in the field of trust management of property in conducting entrepreneurial activities were thoroughly studied, and proposals were developed for further improving national legislation in this area.
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Moss, Giuditta Cordero. "RUSSIAN LEGISLATION AND FOREIGN MODELS. SOME OBSERVATIONS ON COMPARATIVE LAW." Tidsskrift for Rettsvitenskap 110, no. 04 (August 1, 1997): 766–91. http://dx.doi.org/10.18261/issn1504-3096-1997-04-05.
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Khorosha, T. "FORMATION AND DEVELOPMENT IN THE INHERITANCE CONFLICT LAW LEGISLATION." ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS 2, no. 127 (2016): 123–31. http://dx.doi.org/10.17721/apmv.2016.127.2.123-131.
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The paper conducted a comprehensive study of the basic legal principles of conflicts of law regulation of inheritance complicated by a foreign element in the process of its formation and development. The theoretical questions of formation and development of conflict of laws in the field of inheritance are researched. Based on the analysis obtained conclusions about the main stages of development and formation of ancient inheritance law, which went independently from the byzantine, by own way. Analyzed the emergence of inheritance law in other states, which took place depending on whether it was borrowed by a state of an ancient roman law. The necessity of signing agreements on inheritance among all countries of the world, including Ukraine is stressed. The generalized situation of domestic legislation in the field of inheritance complicated by a foreign element.
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Okowa, Phoebe. "THE PITFALLS OF UNILATERAL LEGISLATION IN INTERNATIONAL LAW: LESSONS FROM CONFLICT MINERALS LEGISLATION." International and Comparative Law Quarterly 69, no. 3 (July 2020): 685–717. http://dx.doi.org/10.1017/s0020589320000238.
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AbstractThis article examines the compatibility of the extraterritorial application of unilateral legislation with the project of international law. Focusing on two instruments, the Dodd-Frank Act passed by the United States Congress and intended to regulate the activities of US listed companies operating in the Congo and the EU conflict minerals legislation, the article challenges their underlying premises that revenues from natural resources perpetuate conflict and resulting human rights abuses. In so far as these instruments make no provision for meaningful participation by the foreign populations which are the objects of legislation, it is argued that there is a tension between these unilateral instruments and the basic premises of law-making in international law as a democratic enterprise centred around governmental representation. By exclusively directing sanctions and other disciplinary measures at rebels, both legislative instruments have the problematic effect of strengthening the exploitation of natural resources by kleptocratic regimes and undermining the right of populations in conflict zones to civil disobedience as an inescapable component of their right of self-determination.
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Занковский, Сергей, and Sergey Zankovskiy. "Energy Legislation in the General System of Business Law." Journal of Russian Law 4, no. 8 (August 8, 2016): 0. http://dx.doi.org/10.12737/20910.
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The article considers the problems of energy legislation in the context of improving the legislation on entrepreneurship. In the judgment of the author the construction of the energy legislation is a possibility provided it is of a centrifugal nature with the general principles making the basis for such acts attempted to solve the outstanding problems. One of such principles which is to be legislatively enacted could be the principle of import substitution adopted to do away with dependence on foreign-made goods. The role of energy law can only be understood provided we have the relevant contemporary system of laws. This can be possibly achieved from the doctrinal point of view. The author analyses legal business regulation existing in the pre revolutionary and soviet period. It helps to understand better what is to borrowed from the experience of the past to be used to regulate said relationships. The author calls for necessity to issue the Code of Laws of the Russian Federation as the first step to make legislation systematized. The next step to be taken could be the adoption of comprehensive legal acts, say, Energy Code which could eventually make so-called legislation blocks. The latter could , in turn, serve the basis for so-called central legislative act to regulate business law.
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Malinovsky, A. A. "Abuse of the Rights of a Taxpayer: Comparative Law Aspect." MGIMO Review of International Relations, no. 2(29) (April 28, 2013): 156–62. http://dx.doi.org/10.24833/2071-8160-2013-2-29-156-162.
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Bukarica, Miodrag. "Application of the Legislation Concerning the Place of Commission of the Offense and Nationality of Legal Entity / Primjena zakonodavstva u vezi sa mjestom izvršenja krivičnog djela i državljanstvom pravnog lica." Годишњак факултета правних наука - АПЕИРОН 5, no. 5 (July 28, 2015): 275. http://dx.doi.org/10.7251/gfp1505275b.
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Legislations in Bosnia and Herzegovina have regulated the issues of application of the national legislation to the legal persons in accordance with the international standards and solutions that are usually applied in comparative legislation. If a national or foreign legal person committed an offence on the Bosnia and Herzegovina territory, the perpetrator shall be subject to the national legislation (territorial principle). Legislations in Bosnia and Herzegovina are applied to the foreign legal person which pursues its registered activities in Bosnia and Herzegovina or has a registered organizational unit in BiH. In other cases, national law is applied to the legal person solely to the extent necessary for the purpose of preventing it from avoidance of responsibility for the offence committed on the territory of another state.In resolving the issue whether the requirements for application of the national law to the national or foreign legal person are satisfied, it is necessary to follow the order of checking the fulfillment of the legally prescribed requirements. At the beginning, it is necessary to establish the place of commission of the offence (where one or more acts were committed and other constitutive elements of the particular offence exist), which value was affected by the offence and who is the victim, as well as, establish the nationality of the legal person who is the offender.
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Khabibulin, Alik G., and Kamil R. Mursalimov. "Law Making Activities of the State in the Area of Migration: Issues, Development Prospects." Migration law 4 (December 24, 2020): 3–6. http://dx.doi.org/10.18572/2071-1182-2020-4-3-6.
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The paper discusses the main ways of development of modern migration legislation of the Russian Federation, due to modern trends in the development of democratic States, in which the restriction of the legal rights and interests of citizens is associated with the introduction of certain protective mechanisms; a number of legislative measures aimed at liberalizing the registration regime for foreign citizens.
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Марышева, Наталия, Nataliya Maryshyeva, Татьяна Лазарева, Tatyana Lazaryeva, Наталия Власова, and Nataliya Vlasova. "СIVILISTIC SCHOOL OF THOUGHT IN INTERNATIONAL PRIVATE LAW." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16123.
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The article is devoted to the analysis of the civil law concept of private international law, which comes down to the fact that private international law regulates private law relations: civil, family and labour, if they comprise a foreign element (foreign citizenship, foreign affiliation of a subject of law, etc). The authors provide arguments that private international law is an independent branch of law and legal studies; civil law concept of private international law is based on two methods of regulation of private law relations with a foreign element: conflict of laws (national and standardized through uniform rules contained in international conventions) and a substantive (standardized) element. The authors reveal the role in the development of the science of private international law played by professor L. A. Luntz, Laureate of the USSR State prize, who worked in the Institute of Legislation and Comparative Law (ILCL) in 1939—1979. Special attention is paid to the contribution of L. A. Luntz and his successors — the ILCL researchers V. P. Zvekov, A. L. Makovskiy, N. I. Marysheva, O. N. Sadikov — to the formation and development of the Soviet and Russian legislation in the field of private international law, including drafting of the Bill on Private International Law and International Civil Procedure (1990), drafting and adoption of the respective sections within the Fundamental Principles of Civil Legislation of the USSR (1961, 1991), the Fundamental Principles of Marriage and Family Legislation of the USSR (1968), the RSFSR Civil Code (1964), the Marriage and Family Code of the RSFSR (1969), the present Civil Code of the Russian Federation (Part III, 2001), the Family Code of the Russian Federation (1995), the Maritime Code of the Russian Federation (1999), the Civil Procedure Code of the Russian Federation (2002).
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Fellmeth, Aaron. "U.S. State Legislation to Limit Use of International and Foreign Law." American Journal of International Law 106, no. 1 (January 2012): 107–17. http://dx.doi.org/10.5305/amerjintelaw.106.1.0107.
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International law is no stranger to controversy in the U.S. court system. The Supreme Court’s occasional citations to international law and foreign laws have generated debate in Congress, academia, and civil society, and between the justices themselves. In 2004 and 2005, “Constitution Restoration Act” bills were introduced into both houses of Congress that would have, inter alia, subjected federal judges to impeachment for any citation to international or foreign law (other than the English common law) when interpreting the U.S. Constitution. Neither bill was adopted, but they attracted five senatorial cosponsors and thirty-four in the House of Representatives.
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Alexandrova, A. V. "ALTERNATIVE TO CRIMINAL PROSECUTION IN FOREIGN LAW." Proceedings of the Southwest State University 22, no. 2 (April 28, 2018): 152–57. http://dx.doi.org/10.21869/2223-1560-2018-22-2-152-157.
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In this article, alternative methods of criminal prosecution are considered using the example of foreign countries. The Institute for the Exemption from Prosecution of the person who committed the crime is provided for in foreign legislation in criminal and criminal procedural law. There are many legal institutions serving as alternatives to criminal prosecution. Most of them are called upon to reconcile the conflicting parties - the victim and the perpetrator. Conflict resolution entails the termination of prosecution, which is possible both at the pre-trial stage and after the start of the trial. As a rule, the use of such alternatives is allowed in cases of crimes with a low degree of public danger, and in the event that the consequences of such acts can be eliminated or material damage is compensated. Law enforcers in foreign countries most often refer to the following measures, which are alternatives to criminal prosecution: mediation, payment of a fine, transaction and refusal of criminal prosecution in view of its inexpediency. It seems that there are several options for classifying foreign countries depending on the institutions that are characteristic for them, allowing legitimate avoidance of criminal prosecution. The existence of a variety of alternatives to criminal prosecution, as well as conciliation procedures in the legislation of some countries of Western Europe and the United States are aimed at maintaining a reasonable balance between the punitive potential of criminal law and incentive standards, which is expressed in the ban on the refusal to prosecute certain categories of crimes, including on those where there is a public interest. The application of alternatives to criminal prosecution makes it possible to exclude the consequences of criminal acts outside procedural ways, to find the best means of combating crime, and to facilitate the resocialization of the perpetrators of the crime.
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Tyunin, Vladimir Ilyich, Anton Gennadievich Antonov, Tatyana Andreevna Ogar, Maria Vitalievna Shkele, and Elena Andreevna Zorina. "Cyber crimes against property in foreign and Russian criminal law." SHS Web of Conferences 108 (2021): 02021. http://dx.doi.org/10.1051/shsconf/202110802021.
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The prerequisite for the study was a significant increase during a pandemic in the number of cyber crimes against property, caused by forced isolation, a reduction in the use of cash and an expansion of the scope of computer technology when concluding civil transactions. Purpose of the study: to identify trends in the criminalization of cyber crimes against property in foreign and Russian criminal law. To achieve the goal, the following methods were used: general scientific – analysis, synthesis, generalization, special scientific – statistical, formal logical, comparative legal, content analysis, the method of expert assessments. The results of the work were the classification of cyber crimes against property, the novelty is the definition of the most common type of these crimes – fraud, the identification of the growth of its individual forms during a pandemic. The issues related to the observed expansion of the scope of application of the liability for fraud, both in international law and in the national legislation of individual states, which are no longer limited to such traditional methods of committing it as deception and breach of trust. Cyber crimes in the Russian criminal legislation are investigated in their relation to crimes against property, recommendations are given for further optimization of the criminal legislation of the Russian Federation. In Russia, as in the rest of the world, during the period of the pandemic, an increase was recorded in crimes against property committed remotely, in relation to non-cash funds, using bank cards. When committing such acts, computer information, electronic data and programs are used as a method or means of committing them, which allows them to be classified as cyber crimes. Previously, cyber crimes were considered separately from traditional socially dangerous encroachments, but the massive use of information technology in the commission of certain types of crimes (in particular, crimes against property) requires a new approach to their description in national legislation.
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Lai, Yu-Cheng, and Santanu Sarkar. "Gender equality legislation and foreign direct investment." International Journal of Manpower 38, no. 2 (May 2, 2017): 160–79. http://dx.doi.org/10.1108/ijm-08-2015-0133.
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Purpose The purpose of this paper is to examine the differences in the effects of gender equality legislation on employment outcomes among female and male workers in industries with different intensity of foreign investment (namely, foreign direct investment (FDI)-intensive industries and non–FDI–intensive industries). The specific employment outcomes that were studied to compare the effects of the legislation are the working hours, employment opportunities, and wages of female and male workers in Taiwan. Design/methodology/approach Using data from the annual Manpower Utilization Survey, the authors applied a differences-in-differences-in-differences estimation method to test the effect of gender equality legislation on employment outcomes. By using multinomial logit, the authors measured the effect of the legislation on employment opportunities. To correct for simultaneity and selectivity problems/biases, the authors adopted Heckman two-stage selection procedures. Likewise, the authors used weighted least squares to solve heteroskedasticity in the wage and working hour equations. Further, the instrumental variable (IV) method was used to correct for simultaneity bias in the equation on working hour. The authors applied three stages estimation method following Killingsworth’s (1983) approach to measure the effect of the legislation on wages and working hours. Findings The authors found the restrictions enforced by the gender equality legislation (namely the Gender Equal Employment Act (GEEA), enacted in 2002) in Taiwan to have made certain impact on the workers’ working conditions in FDI-intensive industries. The major finding indicated that in a country like Taiwan, where the legislature tried tilling the perpetual gender gap in its labour market, by passing a law to counter inequality, could finally narrow the gender gap in wages among workers in the FDI-intensive industries. Although initially after the enactment of the GEEA (between 2002 and 2004), the gender gap in part-timers’ wages has widened, yet over a period of time the gap in their wages too has narrowed down, particularly during 2005-2006. The legislation, however, could not improve the job opportunities for full-time female workers’ in FDI-intensive industries. Besides, post 2002, the female workers were found to have worked for shorter hours than male workers, which according to us, could be largely attributed to the enforcement of the GEEA. Practical implications An in-depth analysis of the labour market effects of gender equality legislation should be useful to policymakers, especially those interested in understanding the impact of legislative measures and policy reforms on labour market and employment outcomes across industry types. If enforcement of a gender equality legislation has succeeded in reducing the gender gap more in one set of industries than the others (e.g. foreign owned instead of domestic industries), as the authors noticed in this study, then the same should have a bearing on revamping of future enactment and enforcement too. Originality/value Current study findings would not only provide the broad lessons to the policymakers in Taiwan, but the results that have emerged from a country case study could be referred by other growing economies who are enthusiastic about improving female workers’ working conditions through legislative reforms.
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Heseková, Simona. "Contradictory tendencies in banking systems of the Slovak Republic and the Russian Federation." Bratislava Law Review 1, no. 2 (December 31, 2017): 108–18. http://dx.doi.org/10.46282/blr.2017.1.2.80.
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The paper analyzes the banking systems of the Slovak Republic under the influence of the European Union legislation and banking system of the Russian Federation from the perspective of opening the banking sector to foreign capital. A fundamental difference between the given legislations, which is reflected mainly in the recent period, lies in the degree of openness of the banking system to foreign capital. While the banking system of the Slovak Republic under the influence of the European Union law can be considered as highly open banking system to foreign capital, the legislation concerning the Russian banking system is characteristic by legal limitation for foreign capital entry. The analysis of these contradictory tendencies which have common goal – to ensure a stable banking system could bring important knowledge that may help in resolving the issue of stability of the banking system at the global level.
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Синицын, Сергей, and Sergey Sinitsyn. "SOME TRENDS IN DEVELOPMENT OF THE RUSSIAN CIVIL LAW PROCESS: IMPACT OF THE DOCTRINE AND FOREIGN PRACTICES." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16135.
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Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.
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Жариков, Юрий, and Yuriy Zharikov. "Environmental Priorities in the Natural Resourses Law." Journal of Russian Law 3, no. 2 (February 4, 2015): 0. http://dx.doi.org/10.12737/7539.
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Definition of environmental priority is revealed, essence of environmental priority principle and its economic action are examined, issues of application of civil legislation in regulation of land and other natural resource relationships are discussed, legislation gaps in the sphere of environmental informatization of society are revealed as well. Foreign practice of environmental informatization of society concerning environmental projects is given, as well as examples of strong and weak environmental legal decisions, difficult debatable issues of environmental and natural resource law are discussed.
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Borodkin, Stanislav. "Legislation on Foreign Investments and Practice of Investment Dispute Resolution." Journal of Russian Law 4, no. 4 (April 11, 2016): 0. http://dx.doi.org/10.12737/18702.
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Russian companies doing business outside of the Russian Federation require special protection of their rights and lawful interests. Several methods of protecting foreign investor rights are available under the international law, including national courts and tribunals and commercial arbitrations (both institutionary and ad-hoc). International Center for Settlement of Investment Disputes is a special institution established to resolve the controversies related to foreign investments. It was created under an international treaty and its decisions are not subject to sovereign immunity. The article considers ICSID practice regarding the definition of an investment, since disputes are related to an investment activity, which is a topical question when dealing with the determination of the Center competence. While the analyzed cases do not have the power of binding precedents, when the arbiters elaborate on the definition of a foreign investment they use specific criteria that could be relevant for the national law. Since international practice has a more specific definition of foreign investments than the Russian law, the author suggests that the former be taken into consideration when a foreign investment is defined in Russian legal texts. It could ensure better protection of the rights of Russian legal entities abroad.
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Чиканова, Людмила, and Lyudmila CHikanova. "ON LIMITATION OF EMPLOYEES’ LABOUR RIGHTS UNDER THE CONDITIONS OF AN ECONOMIC CRISIS." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16138.
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The article is dedicated to the problems of limitation of employees’ labour rights under the conditions of an economic crisis. The author analyzes the Russian and foreign legislations, that regulate the relations in connection with mass discharge of employees and concluding of fixed-term employment contracts, as well as the opinions of labour law science representatives on the issue under consideration. The author notes that the statement of business representatives that unlike foreign legislation, the domestic labour legislation is excessively severe and regulates the relations between employees and employers in the Soviet manner and imposes on employers a large number of restrictions is not justified. The practice shows that general employment and labour laws in the developed countries leave very limited room for uncontrolled flexibility on the part of an employer, remaining truly flexible with respect to the diversity and variety of ways to ensure employees’ rights. Comparative analysis of legislations in Russia and foreign developed countries testifies that many foreign statutory regulations either completely agree with the RF Labour Code requirements or are yet less convenient for an employer. The Russian legislation, restricting the possibility of concluding fixed-term employment contracts is less severe compared to the European states. It conforms to international standards and that is why a suggestion on expanding grounds for concluding fixed-term employment contracts appears to be completely unjustified.
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Ngwasiri, C. N. "The Effect of Legislation on Foreign Investment—the Case of Cameroon." Journal of African Law 33, no. 2 (1989): 192–204. http://dx.doi.org/10.1017/s0021855300008135.
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There is no doubt that the investment climate in every country is conditioned to a great extent by non-legal factors. Nevertheless, many developing countries have, to varying degrees, relied on legislation as a means of attracting foreign investment. When Cameroon attained independence in 1960, it enacted an Investment Code that same year with the aim of attracting investment which the young state needed so much for the realisation of its development objectives. When after two decades the said Code no longer responded to the needs of the state, a new one was instituted on 4 July, 1984. The common feature of Investment Codes is that they contain various incentives aimed at channelling investments to areas which the authors regard as top priority. In this article, an attempt will be made to show to what extent the Cameroonian government has succeeded in its effort to direct investments to desired regions of the country through a statute wherein incentives cohabit with regulations on matters such as imports, exports, price fixing, foreign exchange, etc., which foreign investors consider as repellent. The study is subdivided into two parts. The first part is based on the Investment Codes and the second deals with the country's regulatory environment.
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Qiu, Rungen. "Retrospection and perspective of foreign investment legislation in China (1979–2009)." Frontiers of Law in China 6, no. 1 (February 10, 2011): 131–60. http://dx.doi.org/10.1007/s11463-011-0121-9.
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FREIRE, TIAGO. "HOW THE 1978 FOREIGN DOMESTIC WORKERS LAW INCREASED THE LABOR SUPPLY OF SINGAPOREAN WOMEN." Singapore Economic Review 61, no. 05 (December 2016): 1550075. http://dx.doi.org/10.1142/s0217590815500757.
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In 1978, Singapore became the first country to introduce legislation allowing foreign domestic workers to work in the country under special visas. Although Singapore is often cited in the literature as a success story, no studies have quantified the impact of this legislation. In this paper, we use data derived from the Singapore Yearbook of Manpower Statistics between 1974 and 1985 to determine the influence of the 1978 legislation on the labor supply of Singaporean women. We find that the labor supply of women affected by this policy increased by between 3.1% and 6.2%.
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Суханов, Евгений, and Evgeniy Sukhanov. "Business Corporations in the New Version of the Russian Civil Code." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7244.
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The reform of the Russian civil legislation is far from being completed. A new wording of Chapter 4 of the Civil Code of the Russian Federation is an important, but by no means final milestone of transformation of the civil legislation launched in the Russian Federation. The author considers reasons and legal consequences of enshrining in the legislation of companies’ classification into public and non-public, atypical versions of business entities (special-purpose company, joint-stock company of employees), identifies Russian corporate law development trends. Besides, the author demonstrates a negative influence of Anglo-American approaches to the Russian legal system, different understanding of basic legislative and doctrinal structures of the corporate law in continental and Anglo-American legal families. As a result, the author substantiates impossibility of isolated and chaotic adoption of legislative solutions from a foreign legal system built on different legal regulation principles. However, the articles makes a reservation stating that entrepreneurial corporations under Russian law should not be understood as a synonym of business entities, and the corporate law is not an element of contractual law, but a sub-branch of Russian civil law.
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Trifonova, Kristine V., and Sergey G. Trifonov. "UNIFICATION OF INHERITANCE LAW PROVISIONS IN PRIVATE INTERNATIONAL LAW." Law of succession 4 (December 24, 2020): 13–19. http://dx.doi.org/10.18572/2072-4179-2020-4-13-19.
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The article discusses topical issues and features of the unification of inheritance law in the international private law. The beginning of unification processes is associated with the presence of various approaches to the settlement of hereditary relations complicated by a foreign element in various legal systems. The article provides a theoretical and legal analysis of such a phenomenon as a complication of hereditary legal relations of foreign a new subject. To solve certain conflict of laws in the field of inheritance law, in particular, by will, the main international acts are followed. The authors aim to study the unification processes in the field of inheritance law in the international private law, which reflect modern development trends in a theoretical sense. In conclusion, the authors come to the conclusion that the legislation of a number of states is trying to protect the rights of weak parties in a potentially equal legal relationship. In this case, we are talking about the corresponding legislative consolidation general principle of law— the use of favorable law for the weak side of the legal relationshipHowever, the possibility of unification approaches of states to solving the issue of post-mortem rights can be defined not even as a trend, but as a be separately considered within the framework of international organizations dealing with issues of unification of inheritance law.
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Antonov, E. V., and V. I. Antonov. "ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LEGISLATION: HISTORY AND MODERNITY." Bulletin of Udmurt University. Series Economics and Law 29, no. 5 (September 25, 2019): 630–37. http://dx.doi.org/10.35634/2412-9593-2019-29-5-630-637.
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The article investigates criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia and foreign countries on various grounds. The problems of the application of norms with administrative prejudice in practice are considered. The criminal legislation of the states of the former Soviet Union, in particular the Republic of Belarus and the Republic of Kazakhstan, is analyzed from the point of view of further development of the criminal legislation of these countries towards improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice. It is noted that some post-Soviet states (Latvia, Lithuania, Estonia) in their criminal legislation abandoned the institution of administrative prejudice and tried to replace the norms with administrative prejudice with others. Attention is drawn to the problems with the registration of administrative offenses and the application of data on registered administrative offenses for the correct application of the rules with administrative prejudice in practice by the law enforcement bodies of the Russian Federation.
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Trofimets, I. A. "Genesis of marriage law in Spain." Lex Russica, no. 3 (April 5, 2019): 124–33. http://dx.doi.org/10.17803/1729-5920.2019.148.3.124-133.
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The study of the institution of marriage in the foreign legal order makes it possible not only to see the identity and historical succession, but also to find out whether the provisions on marriage have common features that characterize it as the highest value, and how permissible foreign borrowing in the formation of its own legal system without prejudice to its uniqueness and individuality. The use of foreign experience reveals a lot of issues and conflicts that need to be resolved in relation to national law. An obligatory component is the study of the heritage of the past, the so-called legislative retrospective, which contributes to the knowledge of legal culture. For the first time in domestic science there is an attempt to periodize the institution of marriage in Spain, depending on the type of social regulator: customs, canonical rules, rules of law (own and borrowed). The periodization of the Spanish marriage law is presented and the main features of its formation are shown: the application of the customs of the peoples inhabiting the territory of Spain; the reception of Roman private law; the influence of Canon law; the appearance of foreign influence. The whole history of marriage law is divided into 5 periods: customary law (the first period), the rule of canon law (second period), systematic legislation on marriage (the third period), harmonization of secular marriage legislation with the provisions of canon law (the fourth period), contemporary law (fifth period). Separately, in the settlement of relations between the sexes, a pre-legal period is allocated. Of course, each period is characterized by a variety of rules of marriage law, which is explained by the evolution of social relations and the development of the legal institution of marriage. The consistent influence of universal values on the formation of legal provisions of marriage is shown. As the marriage law is formed, rules are formed that determine the conditions and order of its conclusion. The enduring value of the family organization of the way of life of people and the family form of management determines the preservation of this social institution throughout the period of human history, although in a constantly changing form.
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Доронина, Наталия, and Nataliya Doronina. "Diffusion in Law as Trend for Private International Law Unification: To the Issue of Data Protection Law Object." Journal of Russian Law 3, no. 5 (April 29, 2015): 0. http://dx.doi.org/10.12737/10728.
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Foreign law can be an important object of informational legal relations. Different states compose unified registers of legislative acts. In the long run creation of national information resources on the basis of the current legislation contributes to interpenetration of legal norms into foreign legal systems. In the age of globalization cooperation between states on a contractual basis opens large-scale prospects for establishing business and other contacts between citizens and legal entities of different state affiliations. But the use of this method of law unification faces difficulties related to implementation of the international treaties’ norms into the national legal system. Also difficulties stem from the fact that after implementation into the national legal system international treaties’ norms do not have a uniform interpretation. Due to the existence of the problems in unification of law through international treaties other ways of unification of law of various states are being explored. Diffusion in law, based on the penetration of foreign law norms into the national legal system is one of such ways. The way of diffusion in law envisages the application of unified categories of institutes and legal rules enacted in this or that state as the most efficient legal norms, institutes. This way of unification of law gains more and more recognition due to the fact that it does not face the problems characteristic for unification of law through international-treaties, but accomplishes the same goals Tire ensures harmonious interaction between various legal systems in law.
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SIVOVA, ANNA A. "Handcuffing of Persons to be Escorted: Foreign Experience." Vedomosti (Knowledge) of the Penal System 230, no. 7 (2021): 22–31. http://dx.doi.org/10.51522/2307-0382-2021-230-7-22-31.
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Based on the case law of the European Court for Human Rights, the problem of the use of handcuffs and other means of restraining the mobility during escorting in relation to persons in custody, this issue is relevant both for the penitentiary systems of foreign states and of the Russian Federation. The purpose of this paper is to study and analyze the experience of foreign countries, as well as to consider the norms of national legislation on the issue under consideration. For the most effective research, empirical methods were used – description with recording of information, observation, comparison, as well as a general scientific method - the method of analysis – in order to study in detail foreign experience in the area of transportation of persons in custody. The study is expected to draw the attention of penitentiary scholars and practitioners to the need for revising the standards of prisoners’ transportation. Analysis of foreign experience in the use of handcuffs when escorting persons in custody, as well as the norms of international law, national legislation, departmental regulations, suggests the possibility of making appropriate changes to the Law of the Russian Federation «On institutions and bodies executing criminal punishments in the form of deprivation of freedom» from 21.07.1993 No. 5473-1, detailing the conditions for the use of means of restraining the mobility when escorting on foot, assigning the officers of the penal system with the authority to use special means when carrying out the tasks of escorting convicts and persons in custody outside protected areas near crowded places and in conditions of limited visibility. It also seems appropriate to regulate that if the use of such means is absolutely necessary, it should be carried out in such a way as to minimize any risk of harm to the prisoner. The conclusions made in the course of the study indicate to the possibility of coming up with a legislative initiative detailing the conditions for the use of means restraining the mobility when escorting on foot. Key words: penitentiary system, means of restraint of mobility, escort, international law, national legislation.
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Ben, Li. "Alternation of legislation of foreign investment in China." International Journal of Law and Management 51, no. 4 (July 10, 2009): 220–25. http://dx.doi.org/10.1108/17542430910974040.
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Norton, Patrick M. "A Law of the Future or A Law of the Past? Modern Tribunals and the International Law of Expropriation." American Journal of International Law 85, no. 3 (July 1991): 474–505. http://dx.doi.org/10.2307/2203108.
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One precedent creates another. They soon accumulate and constitute law. What yesterday was fact, today is doctrine.Junius†Less than twenty years ago, a large majority of the United Nations General Assembly declared the customary international law of expropriation dead. Eighty-six governments supported a resolution holding that a state expropriating foreign property “is entitled to determine the amount of possible compensation and the mode of payment, and … any disputes which might arise should be settled in accordance with the national legislation of [that] State.” Scholars cited this and other General Assembly resolutions as evidence that international law no longer required full compensation for the expropriation of foreign property. This view had sufficient support to precipitate an acrimonious dispute in the preparation of the Restatement (Third) of the Foreign Relations Law of the United States, which reaffirmed only in its later drafts the traditional “Hull formula.”
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Hartley, Trevor C. "The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws." International and Comparative Law Quarterly 54, no. 4 (October 2005): 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Radchenko, L. "LEGAL MODELS FOR MARRIAGE AND MARRIAGE-LIKE UNIONS IN THE LAW OF EU STATES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 35–39. http://dx.doi.org/10.17721/1728-2195/2019/3.110-7.
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The article considers the comparative and legal grounds for the definition of the category "marriage" in family law of Ukraine, interpretation of the concept of "marriage-like unions" in legislation, judicial decisions and legal doctrine of EU states. The author defines the characteristics and peculiarities of these concepts, outlines the approaches to the regulation of family relations in this field and formulates conclusions and proposals aimed at the harmonization of national legislation with EU law. In the article, both general scientific and special legal methods of research have been used. In particular, comparative-legal, historical, formallogical and other methods have been applied. The article concludes that the example of some European states proves the existence of the advanced legislative approaches to the legal understanding of family unions. In Ukraine the marriage is exclusively a family union of a female and a male registered with the state registration authority for civil status acts. In the laws of EU states different and much broader criteria for treating such unions can be applied. The presence of various legal forms of unions indicates that foreign law recognizes a family union between persons irrespective of their genders and recognizes such family union as a family. It is said that a characteristic feature for a family is a stable relationship. At the same time, harmonization of the Ukrainian legislation with the EU legislation in the field of marriage and family relations may take place on specific issues (for example, a registered partnership), but it is not advisable to adopt a foreign legal model, since in Ukraine there are distinctive factors for the formation of family relationships, such as traditions, religion, culture.
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Sizova, Viktoriya. "Formation, development and current state of the system of the Special part of the criminal legislation of the Criminal code of France." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 137–45. http://dx.doi.org/10.35750/2071-8284-2021-1-137-145.
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he study of the formation of the system of special part of the French criminal law is relevant. The importance of the research is determined by foreign experience value from the point of view of formation and development of criminal law norms. The latter regulates criminal prosecution for specific criminal acts from the perspective of economic development of the country. It enables us to draw a conclusion to implement a positive French experience into Russian criminal legislation. The main idea of this work is to study the main stages of the formation and development of the system of the special part of criminal law of France comitting reviewing in detail specific groups and types of criminal acts, which is not possible in one publication and will form the basis of the author’s subsequent publications.
Problem statement. The criminal law of France today is an example of unification and harmonization of the criminal law system of European countries. Thus, for effective structuring of elements of the Special part of the Russian criminal legislation, it is necessary to study the experience of the special part of the French criminal legislation formation.
The aim of the paper is to develop a scientific understanding of the main stages of the formation and evolution of the system of the special part of criminal legislation in the context of a possible design of certain provisions of the system of Russian criminal law based on the study of the experience of legislative presentation of specific criminal law norms in the Criminal Code of France.
Research methods: dialectics, analysis, comparative legal, system-structural, formal-logical, specifically historical.
Results and key conclusions: it should be noted that at the present stage of its development the Russian criminal legislation is not a perfectly structured system. This statement has been proved by a range of researches carried out by different specialists during recent years. In this regard, it was established that to improve the effectiveness of legal and technical design of the provisions of the Special part of the national criminal legislation, it is extremely important to refer to foreign experience taking into account conflicts of foreign criminal law norms and gaps made in the systematization of certain provisions of the Special Part.
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SERGEEV, S. V. "TAXATION OF DIVIDENDS PAID TO FOREIGN ORGANIZATIONS." Actual Problems of Russian Law, no. 5 (June 18, 2019): 78–85. http://dx.doi.org/10.17803/1994-1471.2019.102.5.078-085.
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The article deals with topical issues arising in law enforcement practice in connection with payment of dividends by Russian organizations to their foreign participants. At the beginning of the article, the author, relying on the current legislation, elucidates the concept of dividends in civil law and fiscal law contexts, on the basis of which he concludes that these concepts do not coincide completely. This discrepancy is caused by the fact that the concept of dividends in the contexts of civil and fiscal law includes, in addition to the distribution of profits, other payments to foreign organizations made in order to meet the fiscal interests of the State. Then, on the basis of a brief analysis of specific court cases, the author dwells on the content of the main controversial tax issues arising in practice regarding the payment of dividends by Russian organizations towards their foreign participants. Based on the results of the analysis, the author draws conclusions on possible amendments to the Russian legislation in order to avoid such disputes between tax agents and tax authorities in the future.
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Syngaivska, Inna. "Foreign experience of reglamentation of criminal responsibility for coercion to marriage." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 58–69. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-5.
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The unification of criminal legislation is the most powerful method of international law influencing on national criminal-law systems. In accordance with the comparative legal researching of the criminal liability regulation is the accumulation of law-making practice experience in counteracting of a particular crime, in our research – counteracting of coercion to wedlock. Ukraine hasn’t ratified the Council of Europe Convention on the Prevention and Combating of Violence against Women and domestic violence; Istanbul Convention (hereinafter referred to as the «Istanbul Convention») yet, but a number of its provisions have been implemented into national law. The article 37 of Istanbul convention determines a «force marriage» and determines that parties apply all legislative or other events are needed for providing of criminal responsibility of intentional behavior, that compels adult or child to marriage. European states in dominant majority determine the coercion to marriage as a separate crime. In this context, national criminal law concerning forced marriage is assessed to be fully consistent with current trends of criminal legal protection rights, individual freedom and marriage and family relations in accordance with the criminal law of foreign countries and international treaties (e.x. Istanbul Convention)). There are two positions of coercion to marriage singled out in foreign countries legislation: as an attack on personal freedom (Norway, Germany, Switzerland, Sweden, Denmark, the Netherlands, France, Spain, Austria) and as an attack on marriage and family relations (Bulgaria, Belgium, Montenegro, Serbia). According to criminal law of Belgium, Austria, Sweden and Ukraine the responsibility for coercion cohabitation is provided, besides coercion to marry. Switzerland, legislator singles out a special form of coexistence – forced registration to same-sex partnership. The use of violence and threats of violence are typical and alternative methods of coercion to marriage. However, there are some exceptions as: forced marriage under the threat of breach or termination of family relationships with family members; threat of slander and use of direct slander. According to Article 151-2 of Ukrainian Criminal Code «coercion» is a crime-forming feature, which is determined by a socially dangerous and unlawful act. Forming a criminal law prohibiting of forced marriage, Ukrainian legislator doesn’t follow the list of socially dangerous methods, leaving the interpretation of this issue for law enforcement practice. In regard to the issue of punishment for coercion to marriage European legislators have unequivocal position and determine the punishment in the form of imprisonment. Appropriate legislative experience of the foreign countries should be borrowed in order to harmonize of the national coercion marriage legislation. We recognize that it is expedient to define a fine as a compulsory additional penalty for coercion, in view of sentencing courts practice. Key words: coercion to marriage, coercion to enter dormitories, criminal liability, crimes against freedom, honor and dignity of a person.
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Zheltobriukh, I. L. "PRELIMINARY CLAIM IN FOREIGN LEGAL DOCTRINE AND ADMINISTRATIVE LAW LEGISLATION OF UKRAINE." Actual problems of native jurisprudence, no. 2 (July 16, 2020): 76–80. http://dx.doi.org/10.15421/392047.
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Kötz, Hein. "Civil Code Revision in Germany: The Experience in the Field of Contract Law." Israel Law Review 20, no. 1 (1985): 7–17. http://dx.doi.org/10.1017/s0021223700008578.
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In November 1964 the then Minister of Justice stated in the Knesset: The Members of Knesset surely know that shortly after assuming office I outlined a broad plan to liberate the Israeli law from the shackles of foreign laws and foreign languages. The plan relates first to the Ottoman legislation which is still in force, in particular the civil law compilation known as the Mejelle, and also to Mandatory legislation. The intention is to replace the various chapters of the Mejelle with original Israeli statutes and perhaps later, at a second stage, to unify these statutes with other special statutes in one complete and homogeneous tractate that will serve as an exhaustive civil code.
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Repetskyi, Serhii. "Criminal offenses of terrorist direction in criminal legislation of foreign countries." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 181–88. http://dx.doi.org/10.33098/2078-6670.2021.11.23.181-188.
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Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".
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ZHOLZHAKSYNOV, Zhandos Bahtybaevich. "Criminal Law Measures to Combat Violent Crimes: International Experience and National Trends." Journal of Advanced Research in Law and Economics 9, no. 1 (September 27, 2018): 352. http://dx.doi.org/10.14505//jarle.v9.1(31).41.
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The article is devoted to criminal law measures to resist criminal abuses related to violence. In modern society, the protection of individual rights and freedoms is one of the most important tasks. Within this task, the most critical issue is that of protection of the individual from criminal violence by criminal law measures. The problems of violent crime, despite all measures taken by the state and society, do not go into the past, but become relevant for modern society. Without exaggeration, they represent a social disaster that threatens the security of the individual, society and the state. The purpose of the article is to analyze the criminal law methods of combating violent crime, to study the criminal provisions relating to the use of violence in Kazakhstan's national criminal legislation and legislation in a number of foreign countries. The article examines the opinions of scientists on the nature and characteristics of criminal violence, the criminal law of Kazakhstan and the legislation of a number of foreign countries in terms of violent crimes, formulates conclusions and sets out the recommendations for the further improvement of the criminal protection of the individual against violent endeavors. On the basis of an examination of the theoretical material and experience of foreign countries in the field of countering violent crime, the author suggested ways of counteracting the mentioned crime, suggesting further improvement of the criminal legislation of the Republic of Kazakhstan, in the sphere of protecting the individual from criminal violence. The main provisions and conclusions of the article can be used in science and practice in addressing crime prevention, comparative characteristics of the criminal regulations regarding violence in Kazakhstan and foreign countries, as well as the subsequent reform of the criminal law in the field of the physical integrity of the individual.
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Ongarbayev, Ye A., and G. G. Galiakbarova. "KAZAKHSTAN LEGISLATION IN THE RELIGIOUS SPHERE: HISTORY AND PROSPECTS FOR DEVELOPMENT." REPORTS 2, no. 330 (April 15, 2020): 81–92. http://dx.doi.org/10.32014/2020.2518-1483.35.
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Objective: to study Kazakhstani legislation in the religious sphere in the historical aspect of development, as well as to identify and justify ways of further improvement, including through a comparative analysis with foreign legislation. Method or methodology of work: When writing a scientific article, general scientific (logical, structural and system analysis, synthesis, comparison, abstraction, induction and deduction, modeling), special techniques, methods of researching phenomena and processes (specifically historical, dialectical, formal logical, structural-functional, comparative law method) were used. The analysis of regulatory legal acts was done. Results of work: Analysis of previous regulatory legal acts, as well as the current Kazakhstan legislation in the religious sphere, the study of international experience, justification for the adoption of the draft Law of the Republic of Kazakhstan “On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Religious Activities and Religious Associations”. Scope of application: legislation and law enforcement. Conclusions: The result of the research work is an attempt to justify the need for adoption at this stage of development of relevant amendments aimed at improving legislation on religious activities and religious associations.