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

E-ISSN 2413-7618

Периодичность – 1 раз в год.

Издается с 2014 года.

1 June 23, 2021


Articles

1. Karina I. Pankova
Forum-Shopping in Insolvency Law through the Example of Mr. Kekhman’s Case

Russian Journal of Comparative Law. 2021. 8(1): 3-10.

Abstract:
Globalization is a worldwide process, that influences peoples’ lives practically in every sphere. International private law is not an exception. The article is dedicated to the problems, that may arise in cross-border insolvency cases. Namely, one of the main reasons for it is such phenomenon as “forum shopping”. In other words, debtors try to find the most favorable situation for themselves and very often it does more harm than good for their creditors. The analysis of the problem is made on the decisions of the English High Court of Justice and the Russian Commercial Court on the case of Russian businessman, Vladimir Kekhman. The difference of views of two conflicting jurisdictions made the case highly debatable among scientific researchers. In this article the author shows the main points and arguments, on which the two decisions were based. Their careful examination can lead to means of solving such practical and significant problems. It should be stated, that some controversial questions are touched upon, for example reasons, advantages and disadvantages of forum-shopping; the confrontation of universality and territoriality principles; the term «Centre of Main Interests» and its interpretation in international community; ways of solving the conflict of jurisdictions problem according to the current case.

URL: http://ejournal41.com/journals_n/1628775660.pdf
Number of views: 60      Download in PDF


2. Mariya Riekkinen
Attitudes of Russian-speakers in Finland towards AntiCOVID-19 Restriction Measures in Spring, 2020

Russian Journal of Comparative Law. 2021. 8(1): 11-16.

Abstract:
This contribution comments on mitigating the vulnerability of individuals belonging to national minorities amidst the COVID-19 crisis by inquiring how governmental campaigns affect the adherence to observing anti-pandemic recommendations by Russian-speakers in Finland. This is done by virtue of contextualizing the findings of an internet survey of attitudes of Russian speakers towards governmental antiCOVID-19 restriction measures conducted during the period of 1-8 April 2020 – or amidst the culmination of restrictions introduced by the Finnish government. The goal of the survey was to study the attitudes of Russian-speakers towards COVID-19 limitations with respect to observing self-isolation measures.

URL: http://ejournal41.com/journals_n/1628775713.pdf
Number of views: 50      Download in PDF


3. Roberto Rosas
Evolution of Legal Topics, Rights and Obligations in the United States

Russian Journal of Comparative Law. 2021. 8(1): 17-37.

Abstract:
What new constitutional rights does the American Legal system have to offer? The United States Constitution is a document that continues to be interpreted every year. The Supreme Court hears recent cases with the purpose of interpreting the meaning of the Constitution. Since the creation of the Supreme Court, the Constitution has been analyzed in different ways – some interpretations lasting decades and some amendments going through changes depending on the different ideologies of the Justices on the Court. This article discusses some of the rights established by the Supreme Court from 2016 to 2019 and provides the background as to what led and influenced the evolution of such rights. Some of the most recent evolutions that have been decided by the Supreme Court include topics on: 1) travel restrictions, 2) digital privacy, 3) refusing services based on religious beliefs, 4) limiting dissemination on information about abortion, 5) double jeopardy, 6) detention of certain noncitizens with criminal records, 7) limiting voting rolls, 8) gerrymandering, and 9) affirmative action plans in university decisions.

URL: http://ejournal41.com/journals_n/1628775769.pdf
Number of views: 88      Download in PDF


4. Olga Teplyakova, Dmitry Teplyakov
The Right to a Constitutional Complaint in Eastern Europe

Russian Journal of Comparative Law. 2021. 8(1): 38-46.

Abstract:
The purpose of the article is to study the legislation on constitutional courts and constitutional complaints in Eastern Europe. The authors investigate the right of citizens to a constitutional complaint in Eastern Europe. The authors conclude that in four countries of Eastern Europe there is no right of citizens to have individual access to constitutional justice. The right of citizens to a constitutional complaint has not been established in Bulgaria, Belarus, Moldova and Romania. The authors analyze the models of constitutional complaints in the countries of Eastern Europe: Russia, Czech Republic, Slovakia, Hungary, Poland, Ukraine. In particular, the authors analyze the list of acts that can be appealed in the constitutional courts of these countries. The first group includes countries that establish the right of citizens to a full constitutional complaint, which includes the right to appeal an administrative act, a court decision and a normative act in a constitutional court (Czech Republic, Slovakia). The second group includes countries that establish the right of citizens to file a normative constitutional complaint, which includes the right to appeal to the constitutional court against any normative act applied in a specific case of the applicant (Poland). The third group includes countries that establish the right of citizens to file a normative constitutional complaint, which includes the right to appeal in a constitutional court against a certain list of normative acts applied in a specific case of the applicant (Russia, Hungary, Ukraine). The authors do believe that a full constitutional complaint could become a reality in Eastern European countries.

URL: http://ejournal41.com/journals_n/1628775818.pdf
Number of views: 52      Download in PDF


5. Ilia Zhdanov
The Role of the Committee of the Regions in the European Union

Russian Journal of Comparative Law. 2021. 8(1): 47-53.

Abstract:
In this paper authors analyze the organizational structure, competence and role of the Committee of the Regions (hereinafter – CoR) in the functioning of the European Union and its Member States, the interaction of the Committee with the institutions of the European Union. The article justifies the importance of the principle of subsidiarity in the activities of the European Union and the formation and further development of the institution of the Committee of Regions. A number of rules of primary law of the EU, establishing a framework for the Committee of Regions, as well as to study the internal rules governing its activities is given. It considers a number of examples from actual practice of the various committees of the Committee and its structures. Local and regional authorities, represented in the EU by the European Committee of the Regions, have always been the backbone of democracy. Local and regional leaders as the driving force of local communities. This entails showcasing and strengthening the role of local and regional authorities in the EU.

URL: http://ejournal41.com/journals_n/1628775919.pdf
Number of views: 48      Download in PDF


6.
full number
URL: http://ejournal41.com/journals_n/1628777026.pdf
Number of views: 59      Download in PDF





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