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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.

2 December 20, 2018


Articles and Statements

1. Timur Akchurin
American Restatements of Law: Nature, Concept and Axiological Value

Russian Journal of Comparative Law, 2018, 5(2): 73-81.
DOI: 10.13187/rjcl.2018.5.73CrossRef

Abstract:
One of the most important secondary sources in American legal system is a restatement of law. The nature of this source of law, its significance, contents and application are not studied well in Russian legal doctrine. The understanding of the place and role of the restatement of law in the legal system of the United States allows to comprehend in-depths the essence of American law taking into account the practice of application of legal provisions on the territory of the United States (including the international law provisions). The article analyses the nature, substance, role and place of the restatement of law in the American legal system and considers the Restatement of Foreign Relations Law of the United States (Third), its role and significance in more detail.

URL: http://ejournal41.com/journals_n/1549368342.pdf
Number of views: 271      Download in PDF


2. Dusan Dabovic
Character, Method and Causes of Globalization of Law

Russian Journal of Comparative Law, 2018, 5(2): 82-93.
DOI: 10.13187/rjcl.2018.5.82CrossRef

Abstract:
The aim of this paper is to determine the character, method and causes of the globalization of law, that is, the contemporary phenomenon of the increasing harmonization of national legislations at a global level, primarily with international law, as well as with each other. In doing so, we have used the method of text analysis, formal-legal method, comparative method and statistical methods. The subject of our research is the relation between the general social process of globalization and the phenomenon of global harmonization of national legislations, in other words, the creation of the law proceeding from the harmonization of legal institutes, solutions and entire legal systems from international law or one country or culture, or to another country or culture, which is, in the legal theory, called "globalization of law". We have found that the character of the process of globalization of law should be positioned amongst the extreme views of the prominent authors in this field, and that the legal reception, primarily from international law, is the prevailing method of global harmonization of law. Also, the causes of the social process of globalization are simultaneously the causes of harmonization of national legislations at a global level. According to the type of factors, all causes of globalization of law are classified as objective and subjective. Furthermore, the characteristics of four groups of objective factors – technological, economic, political and cultural - have been presented, as well as significant examples. In addition to this, the characteristics of the group of subjective causes and the most significant factors of this group have been presented.

URL: http://ejournal41.com/journals_n/1549368383.pdf
Number of views: 260      Download in PDF


3. Insur Z. Farkhutdinov
Pan-American International Law: Latin American and USA Perspective

Russian Journal of Comparative Law, 2018, 5(2): 94-108.
DOI: 10.13187/rjcl.2018.5.94CrossRef

Abstract:
The article gives a historical overview of the development of the idea of Pan-American law from two perspectives: one of the United States, and other of the Latin American countries. The dialectical struggle between anti-imperialist and imperialist aspects within the Monroe doctrine is revealed. Calvo-Drago doctrine is overviewed, noting its progressive character and essential compliance with the original meaning of the Monroe doctrine. International effect of the Drago docrine is compared to that of Calvo doctrine, as well as US successful efforts to deprive it of its original meaning is mentioned. Perspectives for the future development of both doctrines is outlined.

URL: http://ejournal41.com/journals_n/1549368425.pdf
Number of views: 250      Download in PDF


4. Oxana Lutkova
On the Issue of Parallel Creation in Russia and Other Countries

Russian Journal of Comparative Law, 2018, 5(2): 109-116.
DOI: 10.13187/rjcl.2018.5.109CrossRef

Abstract:
Attitude to parallel creation and its results, i.e. concurrent works, differs among various jurisdictions: from non-recognition (e.g. Italy) to recognition under certain conditions (e.g. Spain, Germany, United Kingdom, United States). The predominant view on the subject in Russian legal doctrine is the decisive nonrecognition of the very possibility of parallel creation in copyright law; however, there are isolated opinions that run contrary to this well-established scholarly tenet, as well as legal practice which does not recognize concurrent works in the Russian Federation. In the context of a general relaxation of criteria for the copyrightability of authors’ works, individual court rulings, and attitudes of some Russian scholars, the prospects of granting official recognition to parallel creation and the copyrightability of concurrent works should be viewed as adverse – mainly because of the contradictions between this kind of approach to protectability and the concept of exclusive copyright which arises at the moment when a work is created, and serves to protect unique works that cannot be replicated independently.

URL: http://ejournal41.com/journals_n/1549368494.pdf
Number of views: 258      Download in PDF


5. Luan Nguyen Thanh
Law in Recovery of Agricultural Land to Develop Socio-Economic for National and Public Interest of Vietnam Nowadays: Reality and Petition for Changes

Russian Journal of Comparative Law, 2018, 5(2): 117-126.
DOI: 10.13187/rjcl.2018.5.117CrossRef

Abstract:
The research focuses on analyzing the content of Land Law 2013 about recovery of agricultural land to develop socio-economic for national and public interest of Vietnam, which includes: Firstly, cases of agricultural land recovery by the State to develop socio-economic for national and public interest; secondly, the competence of state agency in decision of land recovery to develop socio-economic for national and public interest; thirdly, procedures applied for agricultural land recovery to develop socio-economic for national and public interest; fourthly, compensation upon land and land-attached assets for people whose agricultural land is recovered. Besides, this research also elucidates limitations raised from reality of executing these law provisions, then petition for modification with a view to completing Land Law 2013 following the direction of ensuring more and more interests for people whose agricultural land is recovered.

URL: http://ejournal41.com/journals_n/1549368551.pdf
Number of views: 260      Download in PDF


6. Ngoc Ha Thi
Legislation on Protection of Consumer Rights in Vietnam: History of Establishment and Development

Russian Journal of Comparative Law, 2018, 5(2): 127-134.
DOI: 10.13187/rjcl.2018.5.127CrossRef

Abstract:
In this article, the author focuses on analyzing the process of formation of the regime of consumer rights protection and the development of this legal regime in the Vietnamese legal system. Consumer rights protection is becoming a matter of primary concern of the Party and the State of Vietnam to ensure the legitimate rights and interests of consumers, promote the economy, stabilize and improve the quality living of people and in accordance with the provisions of international law. The article also outlines the legal basis for protecting consumers’ rights, consumers’ rights and obligations, security mechanisms, and forms of dispute resolution between traders and consumers; current status of implementing the law on protection of consumer rights in Vietnam today.

URL: http://ejournal41.com/journals_n/1549368597.pdf
Number of views: 304      Download in PDF


7. Ilya Vasilyev, Margarita Izmalkova, Raisa Khalatova
The Features of Club`s Strict Liability for Using of Fireworks by Spectators Based on the Example of CAS Decisions: CAS 2013/A/3139, CAS 2013/A/3324 & 3369, CAS 2014/A/3944

Russian Journal of Comparative Law, 2018, 5(2): 135-142.
DOI: 10.13187/rjcl.2018.5.135CrossRef

Abstract:
In the article, the authors refer to the practice of the Court of Arbitration for Sport (CAS) in cases of bringing clubs to disciplinary responsibility for the use of pyrotechnics by fans. Such disputes in the disciplinary practice of UEFA and CAS have features related both to the way the fan commits an offense and to the assessment of the seriousness of the act and respect for the principle of proportionality of the sanction. Resort to the decisions of the Court of Arbitration for Sport helps to get answers to these and some other questions of clubs responsibility for the use of pyrotechnics by fans. With the actual status of CAS in the field of sports law, it means bringing legal certainty to the regulation of the UEFA Disciplinary Regulations.

URL: http://ejournal41.com/journals_n/1549368646.pdf
Number of views: 256      Download in PDF


8.
full number
URL: http://ejournal41.com/journals_n/1549368674.pdf
Number of views: 274      Download in PDF





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