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«Russian Journal of Comparative Law» – Law scientific Journal.

E-ISSN 2413-7618

Publication frequency – 2 times a year.

Issued from 2014.

4 December 15, 2016

Articles and Statements

1. Pavel N. Biriukov
On the Eurasian Economic Union

Russian Journal of Comparative Law, 2016, Vol. (10), Is. 4, pp. 112-119.
DOI: 10.13187/rjcl.2016.10.112CrossRef

The article deals with the questions of creating the Eurasian Economic Union (hereinafter – the EEU, the Union). The author overviews the history of formation of the EEU and studies legal foundations of Eurasian cooperation. The competence of the Union as an international organization is examined in detail. The author reveals the differences between the concepts of coordinated policy, coherent policy, and common policy of the Union. The main attention is devoted to the analysis of the institutions and legal system of the EEU.

URL: http://ejournal41.com/journals_n/1485875660.pdf
Number of views: 1176      Download in PDF

2. Dusan D. Dabovic
Ten Years of the Cefta 2006: Legal Aspects

Russian Journal of Comparative Law, 2016, Vol. (10), Is. 4, pp. 120-128.
DOI: 10.13187/rjcl.2016.10.120CrossRef

The aim of this work is to determine, from a legal point of view, validity of the CEFTA 2006 ten years after it started, that is, whether this agreement fulfilled its essential goal as well as declared main objectives. The essential goal of the CEFTA 2006 is harmonization of trade regulations of the CEFTA 2006 parties to the international legislation and proper implementation of the regulations. Namely, the parties are in the similar stages of the process of joining the EU market and their cooperation under the agreement should prepare them for participation in the market. The main objectives are improvements of the parties in the fields of liberalization, trade in services, investment, public procurement and intellectual property rights. In the article it was researched whether in the given period any improvement was accomplished in the observed areas of the parties. According to the results obtained, it is concluded that the CEFTA 2006 in general met the expectations during the previous decade. Namely, there were significant results achieved in the observed areas of the parties. However, it is concluded that there is a space for further improvement, especially regarding investment, public procurement and protection of intellectual property rights.

URL: http://ejournal41.com/journals_n/1485875727.pdf
Number of views: 1104      Download in PDF

3. Mariya Riekkinen
The Rights of the Child in Intercultural Marriage in the Context of Finnish-Russian Marriages

Russian Journal of Comparative Law, 2016, Vol. (10), Is. 4, pp. 129-133.
DOI: 10.13187/rjcl.2016.10.129CrossRef

This article examines separate legal aspects of observing the best interest of the child in the context if intercultural marriage. The author considers these issues on the example of Finnish-Russian marriages. This overview attempts to find answers regarding legal guidelines of settling disputes between the parents in intercultural marriage in the best interest of the child. The author takes into consideration situations of settling custody disputes between the parents also in cases of divorce. For these purposes the author analyses in detail the 2 November 1998 decision by the Supreme Court of the Russian Federation on the case No. 4-G98-16 that had not enforced the decision of the Finnish court regarding the custody of a child coming from the Finnish-Russian marriage which had been dissolved. This case is analyzed against the background of the Hague Convention on the Civil Aspects of International Child Abduction. This study was supported by Russian Foundation for Humanities, grant number 14-03-00524 “Protecting the rights of the child in Russian-Finnish family: international standards, cultural differences, and constitutional law regulation.”

URL: http://ejournal41.com/journals_n/1485875791.pdf
Number of views: 1097      Download in PDF

4. Augusto Sinagra
The United Nations Human Rights Council and the Right to Peace

Russian Journal of Comparative Law, 2016, Vol. (10), Is. 4, pp. 134-139.
DOI: 10.13187/rjcl.2016.10.134CrossRef

The present article studies and criticizes the “right to peace” as an individual's fundamental right, as claimed by the resolution of 24 June 2016 of the UN Human Rights Council. The criticism concerns problems of content and method of the aforesaid Resolution (to be approved or not by the UN General Assembly), and this also with regard to the so-called “soft law” especially with regard to the difficulty of identifying the subject holder of the so called “right to peace” and even more the difficulty of enforceability in judgment of such a supposed “right to peace”. This, both with regard to the identification of the competent judicial instance and the identification of the subject responsible for the breach of law, as well as the assessment of the specific facts at which the “right” in question can be considered as violated. It is no coincidence that it is included in the category of “soft law” which, having no binding force, cannot certainly be understood as a legal category.

URL: http://ejournal41.com/journals_n/1485875898.pdf
Number of views: 1077      Download in PDF

5. Alla Tymofeyeva
The Human Embryo in the Case-Law of the European Court of Human Rights

Russian Journal of Comparative Law, 2016, Vol. (10), Is. 4, pp. 140-153.
DOI: 10.13187/rjcl.2016.10.140CrossRef

This paper presents an analysis of the case-law of the European Court of Human Rights regarding the status of a human embryo. At the beginning, the author makes an overview of the legal documents on the subject-matter produced by intergovernmental organisations on both universal and regional levels. The overview covers also a national legislation of Australia, China, Japan, United States and most of the European states. Further the paper elaborates on the decisions and judgments of the European Court adopted for the last fifty five years. The summary of this case-law is provided in a chronological order from the oldest to the newest one. Finally, the author comments on the practice of the European Court of Human Rights with regard to the issue of the human embryo legal position. The case-law in question certifies that human embryo cannot be considered “a thing”, but at the same time it is still not “a person” for the purposes of the Article 2 of the Convention.

URL: http://ejournal41.com/journals_n/1485875971.pdf
Number of views: 1136      Download in PDF

full number
URL: http://ejournal41.com/journals_n/1485875999.pdf
Number of views: 1261      Download in PDF

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