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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.

1 June 30, 2017

Articles and Statements

1. Natalia Alenkinа, Nazira Tursunbaeva
Courts of Biys and Aksakals in Kyrgyzstan: What the History Teaches About?

Russian Journal of Comparative Law, 2017, 4(1): 3-8.
DOI: 10.13187/rjcl.2017.1.3CrossRef

The courts of biys, which has been developing since XIX century, are usually compared with the courts of aksakals established in 1993. Indeed, both courts during the consideration of cases relied on customs and traditions. As well as the judges in the courts of biys, the members of courts of aksakals are elected by people. The major requirements for being the aksakal or biy are respect and authority. Yet, can we consider the courts of aksakals as the contemporary prototype of the courts of biys? While comparing the common features and peculiarities of these institutions in the article the following steps were taken:  Understand the causes of for the demand of public justice institutions in society as an alternative to state justice,  Understand their compatibility with contemporary state and public institutions,  Comprehend their ability withstand the challenges of modernity: absence of trust in courts, corruption, length of the proceeding, isolation of the court from people, absence of respect to the law. This article is based on the theses presented at the ESCAS-CESS international conference, June 29- 2 July 2017, Bishkek, Kyrgyzstan.

URL: http://www.ejournal41.com/journals_n/1500284321.pdf
Number of views: 1086      Download in PDF

2. A.A. Bashuk
The Comparative Analysis of the Provisional Patent Application Law Institute

Russian Journal of Comparative Law, 2017, 4(1): 9-13.
DOI: 10.13187/rjcl.2017.1.9CrossRef

Russian Federal Service for Intellectual Property has started a public discussion about the use of provisional patent application in Russia. The article deals with the perspective of the implementation of the provisional patent application institute into the Russian intellectual property law. The article aims comparison of the provisional patent application procedure in different countries: the USA, the UK, India, the New Zealand and Australia. On an example of other countries the pros and cons of the provisional patent application institute are shown. The relevant issue for the Russian intellectual property law today is what experience we shall use to create the Russian provisional patent application institute. Another question that should be answered if the priority received with filing of provisional patent application in Russia is recognized by the PCT system. In the end of this article the author comes to the conclusion about the relevance of the implementation of the provisional patent application institute into the Russian intellectual property law.

URL: http://ejournal41.com/journals_n/1500046126.pdf
Number of views: 1032      Download in PDF

3. Pavel Biriukov
The Relationship between International, European and National Law in Spain

Russian Journal of Comparative Law, 2017, 4(1): 14-25.
DOI: 10.13187/rjcl.2017.1.14CrossRef

This article brings to light the problem of the relationship between international and national law of Spain. The author provides a number of norms which regulate the correlation of different norms in the legal system of Spain. The author analyzes the implementation of Spanish Constitution and the legislation, as well the procedure of the implementation of the rules of EU Law in detail is investigated. The obligations of the Spanish Kingdom in process of the implementation of the EU legislation are investigated in detail. The author examines the decisions of the Constitutional Court and characterizes its role in the process of the implementation of EU norms. The experience of the implementation of international norms in Spain will help to clarify the provision of the monistic concept the relationship between international and national law.

URL: http://ejournal41.com/journals_n/1500046214.pdf
Number of views: 1065      Download in PDF

4. Vladimir Chichkanov
The Comparative-Legal Analysis of the Invention and Utility Models Registry Process in Certain Brics Participants

Russian Journal of Comparative Law, 2017, 4(1): 26-30.
DOI: 10.13187/rjcl.2017.1.26CrossRef

In the following article the order of inventions and utility models patenting is taken under consideration. It’s especially important to realize the specific of such a process for the participants of BRICS, among which there’re Brazil, the Russian Federation, India, and China. The discussion here is dedicated to the comparison of the registration process, the order and peculiar features of expertise process in the countries above mentioned. We also enumerate the specific features of inventions and utility models registration, for those unique and present in the only one state. The nuclear power engineering in India serves as an example of patenting limits for certain branches. In conclusion we demonstrate the common features of patenting in the mentioned BRICS participants: Brazil, the Russian Federation, India, and China. There’re just slight differences present, and all of them are connected with the review process order and the patenting terms. The institute of development patenting restriction is considered promising. And that’s why we find it demanding for the following study in order to compare the acceptability of development limit declaration within patenting and international obligations, accepted by international organizations participating countries.

URL: http://ejournal41.com/journals_n/1500046279.pdf
Number of views: 1047      Download in PDF

5. Anthony Fortin
The Legislative Protection of Sámi Languages in the Nordic Countries and the Russian Federation

Russian Journal of Comparative Law, 2017, 4(1): 31-37.
DOI: 10.13187/rjcl.2017.1.31CrossRef

The Sámi people form an indigenous community identified by its diversity of dialects and languages, and that is spread in different European countries, mainly the Nordic countries (Norway, Finland and Sweden) and the Kola Peninsula in Russia. Throughout their history, they have fought against the spread of the majority languages of their respective countries in order to preserve their distinctness and their culture. Today, as indigenous people are slowly recovering rights and recognition, different legal systems for the protection of Sámi languages were put in place in the foregoing states. However, while some of these provisions seem wide and strong, the practical reality does not reflect it. We will therefore examine the international undertakings and national implementations of these countries with regards to experts’ observations in order to establish their shortcomings in the protection of Sámi languages.

URL: http://ejournal41.com/journals_n/1500046366.pdf
Number of views: 1027      Download in PDF

6. Nolwenn David
The Principle of the Presumption of Innocence in Britain and France: Towards a “European Model” of Protection

Russian Journal of Comparative Law, 2017, 4(1): 38-47.
DOI: 10.13187/rjcl.2017.1.38CrossRef

This article undertakes a comparative legal study of the principle of the presumption of innocence in Britain and in France. The author attempts to answer the following questions: What are the differences of implementing this principle in the United Kingdom in comparison with the French system of criminal trial? What are the consequences of implementing this principle for the status of a defendant? How does the European Convention of Human Rights protect this principle and how does it strive towards harmonizing national standards of presumption of innocence, if at all? Taking into account the differences in approaching this principle in the said jurisdictions, the author ponders around the future prospects of the European model of fair trial, set up by the European Convention of Human Rights.

URL: http://ejournal41.com/journals_n/1500046447.pdf
Number of views: 1063      Download in PDF

7. Igor I. Onyshchuk
Theoretical and Practical Aspects of Human Rights Monitoring Igor I.

Russian Journal of Comparative Law, 2017, 4(1): 48-53.
DOI: 10.13187/rjcl.2017.1.48CrossRef

In the scientific article was investigated theoretical and practical aspects of human rights monitoring. It was found that monitoring of the legal system is a key aspect of analysis in the field of human rights. Legal monitoring participates in the implementation of almost all functions of the legal system: integrative, regulatory, enforcement, communication, legal incentives, provide a uniform legal space of the state, international legal cooperation. Monitoring of the legal system is a key aspect of analysis in the field of human rights. It is impossible to control all the practical aspects, especially in relation to individual cases. Monitoring the investigation of cases requires the application of the methodology is beyond the scope of control over individual cases as isolated cases. It is necessary to identify human rights violations in a particular case and to provide personal protection. In our opinion, the legal system monitoring should also be aimed at identifying patterns and trends in violations of international standards. For example, to assess the conformity of national legislation with international human rights, it is necessary to perform and daily practice in litigation. The right to a fair trial, access to treatment and to justice, the independence of the judiciary and the proper administration of justice are the basis of a fair and effective justice system. Monitoring the justice system can be directed primarily on the criminal justice process, particularly at the initial stage. As a result of the monitoring of human rights, should develop recommendations on ways to effectively address the problems faced by the justice system. For example, with the reform in the field of law and policy to create and develop the institutions, including accountability mechanisms, the provision of remedies, training and capacity building, administrative and logistical support, resource allocation, etc.

URL: http://ejournal41.com/journals_n/1500046562.pdf
Number of views: 1045      Download in PDF

8. Gulnara R. Shaikhutdinova
The Principle of Flexibility in the European Union: Before and After Constitutionalisation

Russian Journal of Comparative Law, 2017, 4(1): 54-60.
DOI: 10.13187/rjcl.2017.1.54CrossRef

The principle of flexibility was first introduced in the European Community in the late 1950s and is a natural result of European integration. The peculiarity of functioning of this principle in the EU is that it was first fixed in practice and only then in law. Examples of the flexible approach are the Schengen agreements, which united five states of Europe in the beginning, the so-called adaptation provisions of the treaty of accession of new member states to the EU, the European Social Charter and the attitude of the UK to it, Economic and Monetary Union and the participation of the UK and Denmark in it. After the principle of flexibility was introduced into the European law in accordance with the Treaty of Amsterdam and later on in the Treaty of Nice and the unsuccessful Constitution for Europe, it has never been used. Only after the Treaty of Lisbon of 2007 there appeared the three examples of practical implementation of the principle of flexibility in the EU. The hypothesis of the article is that the principle of flexibility was more widely used in the practices of the European Union before its constitutionalisation in the EU founding documents. The arguments can be found in the rather strict regulations of the mechanism in the founding documents.

URL: http://ejournal41.com/journals_n/1500046622.pdf
Number of views: 1069      Download in PDF

full number
URL: http://www.ejournal41.com/journals_n/1500284411.pdf
Number of views: 1160      Download in PDF

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