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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.

1 June 25, 2019

Articles and Statements

1. Ekaterina S. Anyanova
Russian Training Ship in a Grip of the NATO’s Intrigues

Russian Journal of Comparative Law, 2019, 6(1): 3-11.
DOI: 10.13187/rjcl.2019.1.3CrossRef

In the article the issues of the freedom of the innocent passage in the territorial waters in the law of the sea of a state are considered. As an example the prohibition for the calling of the sailing ship “Sedov” at the territorial waters of Estonia and Poland in April-May 2019 were taken. Since the bark “Sedov” cannot be attributed to the class of the survey vessel (this is a training sailing vessel), no special privileges for it are provided for. In this case the states aspire to take reasonable regulations, rules and procedures providing the observance of its laws and rules for access in its harbours. On board of the sailing ship among others there have been 72 cadets from Kerch State Maritime Technological University. The Ministry of international affairs of Estonia initially did not explain the prohibition to the sailing vessel “Sedov” to call at Estonian territorial waters. Later the Ministry of international affairs of Estonia specified the reason: on board of the sailing ship there were the cadets of Kerch State Maritime Technological University, situated in Crimea annexed by Russia, and Estonia did not recognise the annexation of Crimea to Russia. In its turn the Ministry of international affairs of Russia considered the prohibition of the calling of “Sedov” at the territorial waters of Estonia as an unfriendly act, since the basis for the secession of Crimea from Ukraine is the right to self-determination of the nation. On the 17 March 2014 the Crimean Republic announced itself as the independent and sovereign state with Sevastopol as a city with a special status. The decision was taken under the results of the Crimean referendum and the declaration on the independence of Crimea. Many states and international organizations considered the Agreement of 18 March 2014 as the illegal annexation. Only tiny amount of states acknowledged the annexation of Crimea to Russia. On the basis of the stated facts the findings of internationally legal nature are made that since the calling of the sailing ship at the ports of Poland and Estonia would contradict to the policy of respect of the territorial integrity of Ukraine and the non-recognition of the annexation of Crimea. The both states demonstrate that they do not respect the integrity of Ukraine and do not accept the annexation of the peninsula. After the annexation of Crimea the Western states Estonia and Poland react on this situation by the prohibition of the Russian vessel to visit the foreign ports.

URL: http://ejournal41.com/journals_n/1562846148.pdf
Number of views: 407      Download in PDF

2. Dusan Dabovic
Consequences of Globalization of Law

Russian Journal of Comparative Law, 2019, 6(1): 12-22.
DOI: 10.13187/rjcl.2019.1.12CrossRef

This paper analyses the consequences of the process of globalization of law, as a part of the general process of globalization. In this respect, the legal and social consequences of the globalization of law are observed both at the international and national level. The few of the most singnificant consequences of the globalization of law at the international level are presented in the section on transformation of the contemporary law in the process of globalization. Considering the fact that the legal and social consequences of the globalization of law at the national level are inextricably linked, both types of consequences are presented at the same time. In doing so, various characteristics of the countries were taken into account, on the one hand those of developed countries and, on the other hand, of developing countries and undeveloped countries. The consequences of the globalization of law have been analysed through the characteristic examples in all social areas – technology, economy, politics and culture. In the field of use of technology, primarily information technology (IT), as well as biotechnology, that is technology of genetic modification of living organisms, were taken as the examples. The consequences in the field of economy are analysed through the examples of the adoption of the legal framework of the market economy, the liberal model of foreign trade and regional economic integration. For the purpose of analysing political consequences, the harmonization of national regulations with a democratic legal framework was taken as the example. In the cultural sphere, the consequences of the adoption of legal institutes on the death penalty, ban of smoking and regulation of the environmental protection were observed.

URL: http://ejournal41.com/journals_n/1562846232.pdf
Number of views: 407      Download in PDF

3. Ngoc Ha Thi
Legislation on E-Commerce and the Development of E-Commerce in Vietnam

Russian Journal of Comparative Law, 2019, 6(1): 23-33.
DOI: 10.13187/rjcl.2019.1.23CrossRef

Internet and other electronic means are on the way to spread greatly to all areas of social life, especially for the economic development of each country as well as the global economy. E-commerce is an indispensable and important development trend in the future of world trade, it becomes one of the strategic objectives of each country to promote the economy and expand international cooperation. Along with the positive effects, e-commerce still has many drawbacks and shortcomings such as security and safety of personal information when e-commerce transactions are multi-way connected, information exists in the form of data and transferred on the network; network security issues in general and security in e-commerce, in particular, are increasingly threatened, the emergence of high-tech criminals take advantage of personal customer information to fraud and appropriate property, especially in the field of consumer protection; the infrastructure has not yet met the growth and development of e-commerce. The article is based on the Vietnamese law on e-commerce and analyzes an overall picture of the development of e-commerce in Vietnam in recent years.

URL: http://ejournal41.com/journals_n/1562847076.pdf
Number of views: 410      Download in PDF

4. Maria Prikhodko
Patent Protection of Pharmaceutical Products in USA

Russian Journal of Comparative Law, 2019, 6(1): 34-40.
DOI: 10.13187/rjcl.2019.1.34CrossRef

The article deals with the analysis of patent rights correlation and regulation of medicines circulation procedure in USA beginning from the development process to the medicine registration by the regulatory authority. Author considers the application of the Bolar exemption and the practice of maintenance of Unified register, which includes data on effective patents at the initiative of the rights holders upon new medicine registration. The practical aspects of patent linkage system as well as an introduction into circulation of the so-called "branded generics" are considered in the article.

URL: http://ejournal41.com/journals_n/1562872233.pdf
Number of views: 387      Download in PDF

5. Ilya Vasilyev, Margarita Izmalkova, Raisa Khalatova, Mariam Aroyan, Daria Punko
Termination of an Employment Contract on the Basis of “Just Cause” Unilaterally: The Practice of CAS in Relation to Football Clubs from the PRC

Russian Journal of Comparative Law, 2019, 6(1): 41-47.
DOI: 10.13187/rjcl.2019.1.41CrossRef

The practice of concluding employment contracts by professional football players and coaches, assistant coaches with clubs from China demonstrates some usual business practices encountered in football related to the conscientious and negligent performance of these contracts by the parties. To identify them, let us turn to the available appeal practice of the Court of Arbitration for Sport (hereinafter – CAS, arbitration) regarding the decisions of the FIFA Committee on the status of players (hereinafter – the Committee). In this article, we turn to all disputes involving clubs from the PRC, considered by arbitration, and united by the question of applying “just cause” for termination of an employment contract by one of the parties.

URL: http://ejournal41.com/journals_n/1562847184.pdf
Number of views: 405      Download in PDF


6. Mariya Riekkinen
Review of the Textbook «Comparative Law: Textbook / P.N. Biriukov, D.V. Galushko; Voronezh State University. Voronezh: Publishing House of VSU, 2018. 380 р. ISBN 978-5-9273-2689-1»

Russian Journal of Comparative Law, 2019, 6(1): 48-50.
DOI: 10.13187/rjcl.2019.1.48CrossRef

This is a review of the textbook entitled «Comparative law» by Pavel Biriukov and Dmitry Galushko of Voronezh State University, Russia. This contribution has a value for both, scholars interested in the fundamentals of comparative law as a methodology and for students wishing to successfully accomplish the courses in comparative law and international law. The authors present and analyze in detail the modern legal developments in national legal systems. Each chapter of the book is supplemented by questions for the students to deepen their understanding of the matters discussed in it. This is a benefit of the textbook from the perspective of the methodology of teaching comparative law. This textbook is a much welcome contribution that will undeniably assist the students taking international law as well as comparative law courses in self-studies.

URL: http://ejournal41.com/journals_n/1562847256.pdf
Number of views: 389      Download in PDF

full number
URL: http://ejournal41.com/journals_n/1562872243.pdf
Number of views: 444      Download in PDF

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