1 June 05, 2018
Articles and Statements
1. Anna Y. Ananeva
Audiovisual Work Format as an Object of Copyrights in Russian and Foreign Legal Practice
Russian Journal of Comparative Law, 2018, 5(1): 3-11.
Number of views: 485 Download in PDF
2. Estelle Fohrer-DedeurwaerderRussian Journal of Comparative Law, 2018, 5(1): 3-11.
Abstract:
In the article the author describes audiovisual work format, discusses doctrinal points of view on the protection of the result of intellectual activity as an object of intellectual property rights. Then the author analyzes the judicial practice of the Russian Federation and foreign countries dealing with recognition audiovisual work format as object of copyrights. On the basis of the analysis, the author offers rightholders a number of recommendations for protecting their audiovisual work formats, as well as recommendations for characterizing audiovisual work format as a type of copyrighted work (dramatic work, script work, etc.). Finally, in view of the present judicial practice, the author concludes on potentiality for the audiovisual work format to gain legal protection as an independent type of work (object of copyrights).
In the article the author describes audiovisual work format, discusses doctrinal points of view on the protection of the result of intellectual activity as an object of intellectual property rights. Then the author analyzes the judicial practice of the Russian Federation and foreign countries dealing with recognition audiovisual work format as object of copyrights. On the basis of the analysis, the author offers rightholders a number of recommendations for protecting their audiovisual work formats, as well as recommendations for characterizing audiovisual work format as a type of copyrighted work (dramatic work, script work, etc.). Finally, in view of the present judicial practice, the author concludes on potentiality for the audiovisual work format to gain legal protection as an independent type of work (object of copyrights).
Number of views: 485 Download in PDF
The Influence of the International Soft Law on the Internal Iegislator. The Big Leap in the Dark of the International Contract’s Law in Paraguay
Russian Journal of Comparative Law, 2018, 5(1): 12-21.
Number of views: 478 Download in PDF
3. Maria V. KaurakovaRussian Journal of Comparative Law, 2018, 5(1): 12-21.
Abstract:
Paraguay opened himself to international exchanges with the creation of the MERCOSUR. After 20 years, it was necessary to Paraguay to modernize its legislation of private international law of contracts because it left no place for the autonomy of the will. To that purpose it took on board the Principles of The Hague relative to the international commercial contracts, a kind of soft law proposed to States wishing to reform their national law. These Principles authorize the parties to choose the applicable law of their contract, included a non-State law, solution rejected by numerous States. The paraguayan legislator also incorporated the liberal rules of the Inter-American Convention of Mexico City, which allows the judges, in the silence of the parties, to apply the law which presents the closest connections with the contract. It remains however to know how the judge will select the applicable law, knowing that the paraguayan legislator allows him to implement a non-State law.
Paraguay opened himself to international exchanges with the creation of the MERCOSUR. After 20 years, it was necessary to Paraguay to modernize its legislation of private international law of contracts because it left no place for the autonomy of the will. To that purpose it took on board the Principles of The Hague relative to the international commercial contracts, a kind of soft law proposed to States wishing to reform their national law. These Principles authorize the parties to choose the applicable law of their contract, included a non-State law, solution rejected by numerous States. The paraguayan legislator also incorporated the liberal rules of the Inter-American Convention of Mexico City, which allows the judges, in the silence of the parties, to apply the law which presents the closest connections with the contract. It remains however to know how the judge will select the applicable law, knowing that the paraguayan legislator allows him to implement a non-State law.
Number of views: 478 Download in PDF
On Private International Law Regulation of Cross-Border Peripatetic Employment
Russian Journal of Comparative Law, 2018, 5(1): 22-31.
Number of views: 489 Download in PDF
4. Irina NainodinaRussian Journal of Comparative Law, 2018, 5(1): 22-31.
Abstract:
The right to employment commonly considered as a privilege exclusive to individuals to dispose their capacity for work in the form they wish is the essential or fundamental unalienable individual right. In this quality this right is kept in all supreme laws of advanced states starting from the second half of the twentieth century making clear to all that the wage-earning labour is one of the most important phenomena produced by a social life to tie up members of different social groups. Thus it is enshrined in relevant legal forms (laws, codes, regulations etc.). Being a product of legislation and forming logically complete bodies of rules to deal with labour as a particular social phenomenon, these forms evidence of a separate field of law (labour law) in national systems of law. With respect to this it can hardly be necessary to state that in line with other fields of law underlying modern systems of law much has been changed in labour law since the time when this right of employment was first introduced into national law forms in the nineteenth century as a fundamental individual right of those closely connected with a territory of a corresponding community. Now we may say that there is little or sometimes even no connection between domicile and place of employment, when individuals change locations for a better life by crossing borders of different sovereign states. This accordingly affects concepts underlying labour law in national systems of law with a corresponding effect to labour environment.
The right to employment commonly considered as a privilege exclusive to individuals to dispose their capacity for work in the form they wish is the essential or fundamental unalienable individual right. In this quality this right is kept in all supreme laws of advanced states starting from the second half of the twentieth century making clear to all that the wage-earning labour is one of the most important phenomena produced by a social life to tie up members of different social groups. Thus it is enshrined in relevant legal forms (laws, codes, regulations etc.). Being a product of legislation and forming logically complete bodies of rules to deal with labour as a particular social phenomenon, these forms evidence of a separate field of law (labour law) in national systems of law. With respect to this it can hardly be necessary to state that in line with other fields of law underlying modern systems of law much has been changed in labour law since the time when this right of employment was first introduced into national law forms in the nineteenth century as a fundamental individual right of those closely connected with a territory of a corresponding community. Now we may say that there is little or sometimes even no connection between domicile and place of employment, when individuals change locations for a better life by crossing borders of different sovereign states. This accordingly affects concepts underlying labour law in national systems of law with a corresponding effect to labour environment.
Number of views: 489 Download in PDF
Between Freedom of Contract and Public Policy in France and in Russia
Russian Journal of Comparative Law, 2018, 5(1): 32-40.
Number of views: 489 Download in PDF
5. Luan Thanh Nguyena, Ngoc Thi HaRussian Journal of Comparative Law, 2018, 5(1): 32-40.
Abstract:
The purpose of this research is to perform a comparative analysis of the legal institution of unilateral termination of commercial relationship in two countries – Russia and France. The paper outlines that the French text refers to a «sudden break of commercial relationship», while the Russian language uses the term «unilateral refusal to execute the contract». The possibility of compensation for damage in the event of a sudddent break in commercial relationship is directly provided for by the French Commercial Code. Moreover, this provision is public policy, which makes it mandatory for a party wishing to terminate commercial relationship. In the Russian legislation, there is no general rule, however, an analysis of the legislation and case law conducted in this paper makes it possible to identify situations in which the legislator and the court protect the victim of a sudden refusal to execute the contract. The paper takes a new look at the analysis of Russian laws in the light of the public policy limits established in the French experience.
The purpose of this research is to perform a comparative analysis of the legal institution of unilateral termination of commercial relationship in two countries – Russia and France. The paper outlines that the French text refers to a «sudden break of commercial relationship», while the Russian language uses the term «unilateral refusal to execute the contract». The possibility of compensation for damage in the event of a sudddent break in commercial relationship is directly provided for by the French Commercial Code. Moreover, this provision is public policy, which makes it mandatory for a party wishing to terminate commercial relationship. In the Russian legislation, there is no general rule, however, an analysis of the legislation and case law conducted in this paper makes it possible to identify situations in which the legislator and the court protect the victim of a sudden refusal to execute the contract. The paper takes a new look at the analysis of Russian laws in the light of the public policy limits established in the French experience.
Number of views: 489 Download in PDF
The Legal Nature of Land Use Rights in Vietnam
Russian Journal of Comparative Law, 2018, 5(1): 41-49.
Number of views: 525 Download in PDF
6. Alla TymofeyevaRussian Journal of Comparative Law, 2018, 5(1): 41-49.
Abstract:
This paper focuses on analyzing and clarifying the emergence of land use rights in Vietnam as a legal creation for the implementation of land ownership by the entire people. The authors address such issues as the limitations of existing perspectives on the current legal nature of land use rights in Vietnam and on proving land use rights as a kind of rights in rems. At the same time, the article also specifies the components of land use rights as a kind of right in rems.
This paper focuses on analyzing and clarifying the emergence of land use rights in Vietnam as a legal creation for the implementation of land ownership by the entire people. The authors address such issues as the limitations of existing perspectives on the current legal nature of land use rights in Vietnam and on proving land use rights as a kind of rights in rems. At the same time, the article also specifies the components of land use rights as a kind of right in rems.
Number of views: 525 Download in PDF
From the Rights to the Duties of Business Entities under the European Convention on Human Rights
Russian Journal of Comparative Law, 2018, 5(1): 50-68.
Number of views: 479 Download in PDF
Russian Journal of Comparative Law, 2018, 5(1): 50-68.
Abstract:
The aim of this paper is to analyse the rights and obligations of business entities under the European Convention on Human Rights (‘the Convention’) with the purpose of determining the correlation of business and human rights in this instrument. The key focus of this study is to identify whether business entities under this treaty should only be perceived as human rights holders or may well be recognised as being responsible for violation of these rights (obligors). This paper addresses the following three points. First, this manuscript focuses on the concept of a ‘business entity’ in the meaning of the Convention. Second, the author concentrates on the rights of these entities as elaborated in the practice of the European Court of Human Rights (‘the Court’). Third, an analysis of the possible obligations of businesses under this international treaty is accomplished. Based upon the Convention, the author concludes that business entities may perform the roles of both human rights holders and human rights obligors.
The aim of this paper is to analyse the rights and obligations of business entities under the European Convention on Human Rights (‘the Convention’) with the purpose of determining the correlation of business and human rights in this instrument. The key focus of this study is to identify whether business entities under this treaty should only be perceived as human rights holders or may well be recognised as being responsible for violation of these rights (obligors). This paper addresses the following three points. First, this manuscript focuses on the concept of a ‘business entity’ in the meaning of the Convention. Second, the author concentrates on the rights of these entities as elaborated in the practice of the European Court of Human Rights (‘the Court’). Third, an analysis of the possible obligations of businesses under this international treaty is accomplished. Based upon the Convention, the author concludes that business entities may perform the roles of both human rights holders and human rights obligors.
Number of views: 479 Download in PDF
Reviews
7. Pavel N. Biriukov
Review of the Monograph «International Financial Standards in the Foreign Doctrine of International Financial Law» by V.V. Kudryashov
Russian Journal of Comparative Law, 2018, 5(1): 69-70.
Number of views: 468 Download in PDF
8. Russian Journal of Comparative Law, 2018, 5(1): 69-70.
Abstract:
This paper is a review of the monograph by V.V. Kudryashov, published by INFRA-M in 2018 (Kudryashov, 2018). This 249-page monograph contains eight parts, an introduction, a conclusion and six annexes with author's translation of several international financial standards.
This paper is a review of the monograph by V.V. Kudryashov, published by INFRA-M in 2018 (Kudryashov, 2018). This 249-page monograph contains eight parts, an introduction, a conclusion and six annexes with author's translation of several international financial standards.
Number of views: 468 Download in PDF