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«Russian Journal of Comparative Law» – юридический научный журнал.

E-ISSN 2413-7618

Периодичность – 2 раза в год.

Издается с 2014 года.

4 December 24, 2015

Articles and Statements

1. Roman V. Khalin
The Rule of «Informed Intermediary» as a Specific Case of Exoneration of the Manufacturer in the Legislation of USA and the UK

Russian Journal of Comparative Law, 2015, Vol. (6), Is. 4, pp. 126-133.
DOI: 10.13187/rjcl.2015.6.126CrossRef

The article discusses the comparative-legal analysis of the application of special case exemption from liability for harm caused by defective goods, works or services in the countries of England and USA. The author indicates that the law of England and the USA along with their own individual features of development of system of legal regulation of liability for damage caused by deficiencies of goods, works and services, within the same historical period there was developed a special approach to the regulation of questions of responsibility for the quality of pharmaceutical products. The document concludes that the separation of the products in those dangerous in themselves, and those that create a danger to customers under certain conditions, has legal significance to attract the manufacturer to liability for harm caused to life, health or property of consumer. Danger (harmfulness) of the product as perceived by the right of his property, which, on the one hand, acquires the meaning of the terms of the disclaimer, regardless of its causes in the product, but on the other hand, the obligatory participation of an intermediary in the chain of distribution of the product among consumers excludes the contractor's liability for damage to the goods only on the ground of the presence of a fault in the product. In this case an obligatory condition of responsibility is the lack of intermediary information about this shortage.

URL: http://ejournal41.com/journals_n/1450933815.pdf
Number of views: 1409      Download in PDF

2. Tetiana V. Melnychuk
Illegal Use of Insider Information within the Risks of Criminological Security of Stock Market of Ukraine

Russian Journal of Comparative Law, 2015, Vol. (6), Is. 4, pp. 134-139.
DOI: 10.13187/rjcl.2015.6.134CrossRef

The article is devoted to contemporary theory and practice of preventive effect on illegal use of insider information through the lens of the concept of criminological security. In recognition of the achievements of doctrine and legislation the concepts of the topic is analyzed. Criminological evaluation of some security risks of investment activity is presented. The assessment of risks and threats to the criminological security of stock market is recognized as quite complicated due to the fact that the stock market in Ukraine is not completely formed; the development of its legal component is accompanied with an active shadow activities. The estimation of costs and harms caused to corporations by insider information trading is also a challenge for criminological science as the main harm is not of economic nature. It creates predominantly reputational risks with unknown continuance.

URL: http://ejournal41.com/journals_n/1450933880.pdf
Number of views: 1548      Download in PDF

3. Irina Nainodina
Court-annexed and Contractual Mediation in France

Russian Journal of Comparative Law, 2015, Vol. (6), Is. 4, pp. 140-146.
DOI: 10.13187/rjcl.2015.6.140CrossRef

The article deals with two forms of mediation in France: court-annexed mediation and contractual mediation. The European Union law and the French legislation, which regulate these two forms, are presented. In particular, it analyses the provisions of the Directive 2008/52/CE, the Code of Civil Procedure, and the modified Act of 8 February 1995. The main attention is paid to the description of court-annexed and contractual mediation, their differences, and their conditions of implementation. Moreover, we analyze the procedure established for judicial mediation and its performance in the Centre for Mediation and Arbitration of Paris. The question about distinctive criteria between mediation and conciliation also arises.

URL: http://ejournal41.com/journals_n/1450933942.pdf
Number of views: 1937      Download in PDF

4. Vladimir M. Shumilov
Italian Doctrine of International Law in Comparison with the Russian Doctrine

Russian Journal of Comparative Law, 2015, Vol. (6), Is. 4, pp. 147-160.
DOI: 10.13187/rjcl.2015.6.147CrossRef

In the article it’s given the analysis of the Italian doctrine of International Law and of the famous universities’ manuals on International Law which reflect this doctrine. Special attention is dedicated to the notion “International Law”, to its role in international relations, to the international customs, accords, principles, system of International Law, to the some branches of International Law and to the practice of its application, as always as to the structure and content of the manuals on International Law. The study of the Italian doctrine of International Law is made on the background of the Russian doctrine of International Law and the views and opinion of Russian lawyers, professors.

URL: http://ejournal41.com/journals_n/1450934035.pdf
Number of views: 1551      Download in PDF

5. Olga G. Turchenko
To the Defenition of «National Security»: Law and Doctrine

Russian Journal of Comparative Law, 2015, Vol. (6), Is. 4, pp. 161-168.
DOI: 10.13187/rjcl.2015.6.161CrossRef

Under the conditions of globalization processes, the changes in the international system, as well as in nature of threats, the modern system of general, national security is also being transformed. Security space is transformed from a primarily military in the «complex», which includes elements from the neighboring subject areas of world interaction. In this connection there is an expansion of security space and alignment of priorities in different areas of the so-called «general security». In the article has been analyzed the narrow and wide going is considered near the study of national safety, different methods of research of the system of national safety; it is based the necessity of application of system methodology, methodologies of system researches.

URL: http://ejournal41.com/journals_n/1450934110.pdf
Number of views: 1413      Download in PDF

6. Maxim V. Vorobiev
Territorial Limits of Application of the Legislation on Administrative Responsibility for Customs Offenses in EAEU Member States

Russian Journal of Comparative Law, 2015, Vol. (6), Is. 4, pp. 169-175.
DOI: 10.13187/rjcl.2015.6.169CrossRef

The paper deals with analysis of ways of definition in the national legislation of Russia, Belarus and Kazakhstan on administrative responsibility of territorial limits of its action. Besides in work the question of a choice of the applicable national legislation in case of identification of an offense outside territories of the states, but within the customs territory of the Customs union is considered. As a result of comparative analysis of national legislation of Russian Federation, Belarus and Kazakhstan the author proves need of modification of the national legislation of Russian Federation for setting the administrative responsibility for the offenses which are committed on the Russian continental shelf and in the exclusive economic zone.

URL: http://ejournal41.com/journals_n/1450934173.pdf
Number of views: 1383      Download in PDF


7. Alexei A. Moiseev
Biriukov P. Criminal Liability of Legal Persons in EU-States / P.N. Birukov. Voronezh : VSU Publishing House, 2015. 319 p.

Russian Journal of Comparative Law, 2015, Vol. (6), Is. 4, pp. 176-178.
DOI: 10.13187/rjcl.2015.6.176CrossRef

The article presents a review of the book by famous Russian lawyer P. Biryukov «Criminal Liability of Legal Persons in EU-States».

URL: http://ejournal41.com/journals_n/1450951585.pdf
Number of views: 1424      Download in PDF

full number
URL: http://ejournal41.com/journals_n/1450951552.pdf
Number of views: 1627      Download in PDF

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