Historical Experience of Legal Regulation of Foreign Business and Its Role in the Development of Socio-economic Systems

Author(s):  
Olga A. Glushko ◽  
Anna G. Grigorieva ◽  
Natalia A. Kamenskaya ◽  
Svetlana I. Pospelova
Author(s):  
Natal'ya N. Okutina

This article examines the formation and development of the petty bourgeois' self-government of the late 18th — the early 19th centuries. The author made an attempt to reveal the main stages of development of petty bourgeois' self-government in Russia within the framework of the proposed periodisation. The paper analyses the main legal acts and the changes they make to the legal regulation of the activities of the local government bodies within a certain historical framework. The author provides an analysis of the legal regulation of issues of an intra-class nature and the representation of members of petty-bourgeois corporations in local government and state bodies. On the basis of the conducted research, conclusions are drawn up on the need for further reform of the existing forms of public participation in solving local issues, taking into account historical experience.


2020 ◽  
Vol 14 (3) ◽  
pp. 52-60
Author(s):  
E. A. Kuklina ◽  
V. S. Kuleshov

The article aims to present generally the dynamics of political and economic systems on the territory of Transcaucasia in the period from the second millennium BC to the present. This dynamics is seen as reflecting the historical experience of the Transcaucasian societies, whih is successively preserved at the present time. Institutional aspects are studied of public-private partnership projects currently being implemented by the South-Caucasian member states of the Eastern Partnership integration association.


Author(s):  
Н.А. Маркова ◽  
А.В. Солодовникова

Данная статья посвящена изучению исторического опыта государственно-правового регулирования отношений в сфере экологической безопасности населения, проживающего в городах Российской империи. В ходе исследования были выделены основные направления государственной политики в области обеспечения санитарного благополучия городов, отмечены ключевые проблемы, препятствующие ее успешной реализации. This article is devoted to the study of the historical experience of state and legal regulation of relations in the field of environmental safety of the population living in the cities of the Russian Empire. In the course of the study, the main directions of state policy in the field of ensuring the sanitary well-being of cities were identified, and the key problems that hinder its successful implementation were noted.


2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.


2020 ◽  
Vol 15 (1) ◽  
pp. 36-45
Author(s):  
M. F. Yelchiev

The paper substantiates the relevance of historical experience of the legal regulation in the context of the modern reform of the prosecutor’s work aimed at elimination of obstacles to consideration and resolution of criminal cases with a view to ensure the adoption of a lawful and reasonable decision on the case, which will certainly contribute to the achievement of the objectives of criminal proceedings. The paper investigates the cases of the 19th century when prosecutors returned criminal cases for additional investigation at the pre-trial stage of criminal proceedings. The author has examined the evolution of the goals, objectives and functions of the institution of return of cases by the prosecutor for further investigation in the specified period. The subject of the study amounts to the examination of the institution of additional investigation from the standpoint of its historical genesis. The author focuses on the analysis of the procedure applied to cases returned by the prosecutor for further investigation, the grounds for investigation and ways of correcting the revealed violations. Taking into account the historical experience, the author comes to the conclusion that it is necessary to improve the activity of the prosecutor aimed at eliminating obstacles. The author has formulated and substantiated proposals for modernization of the legal regulation of the procedure under consideration, as the return of the case for additional investigation constitutes a reserve mechanism for achieving the purpose of criminal proceedings that has restorative nature with regard to the legal rights and interests of the participants of criminal proceedings and their compliance with the relevant legal procedure. This procedure is important for making the right decision on the merits. Thus, the purpose of the work is to elucidate the process of formation and functioning of the institution of additional investigation enshrined in the Charter of Criminal Proceedings. To achieve this goal, the basic scientific methods (dialectical method of cognition, method of systematic analysis, deduction and induction, methods of comparisons and analogies, and a number of others) have been used. The main objectives of the study have been achieved on the basis of the comparative legal method. The practical significance of the work is that it justifies the need for legislative unification of legal norms regulating the activities of the prosecutor aimed at removing the obstacles to the consideration and resolution of criminal cases and introduction of appropriate amendments and additions to normative legal acts that would coordinate the procedure for sending cases by the procurator for additional investigation in strict compliance with the fundamental principles of domestic criminal proceedings.


1951 ◽  
Vol 13 (2) ◽  
pp. 131-141
Author(s):  
Alfred Cobban

There is one point on which both sides in the present world conflict are agreed. Each may denounce the leadership of the other side, but neither supposes that a change in leadership would make any difference, because both believe that it is a conflict not of persons or governments, but of principles, or of systems of society. The commonly accepted explanation of the conflict, in short, is that the world is now divided between Communism and Capitalism. At the risk of seeming paradoxical it must be asked what this explanation explains, and whether, in fact, it does anything but provide convenient labels for the opposing forces. The implied assumption that states with differing economic systems must necessarily be hostile to one another is at least unproved, and goes against historical experience. It would be easier to explain the conflict as a religious war, and Communism certainly exhibits many of the features of a militant religion, but can we be quite content to dismiss Communists and capitalists as the Protestants and Catholics of the twentieth century? And if we are, can we find many religious wars in which secular and political interests did not provide as strong or stronger a motive than religion?


2021 ◽  
Vol 17 (2) ◽  
pp. 70-78
Author(s):  
A. V. Spirin

The article is devoted to the consideration of ways to reform the stage of completion of pre-trial proceedings in the Russian criminal process. The author analyzed proposals on the transfer to the prosecutor of powers to draw up the final document of pre-trial proceedings, the right to bring the accused to trial, and the separation of these activities of the prosecutor into a separate stage of the process. An appeal to the historical experience of legal regulation of controversial issues, an analysis of the norms of criminal procedure legislation of Kazakhstan make it possible to justify the conclusion: most of the proposals considered are premature. At the same time, the powers of the prosecutor at the end of pre-trial proceedings need to be expanded and specified.


Author(s):  
А.Х. Хабибулаев

В статье рассматривается исторический опыт, который имеет Россия в регулировании и осуществлении морских перевозок в период конца XVII– XVIII вв. Морское торговое дело начало развиваться еще до завоеваний Петром I Балтийского и Белого морей. При нем была осуществлена модернизация флота, стало формироваться морское законодательство. Товарищеские основы мореплавания постепенно оформлялись в правовые нормы в виде уставов, административных распоряжений в сфере мореплавания, перевозки грузов, найма судов. Широкая рецепция норм и терминологии зарубежного законодательства позволила сделать прорыв в правовом регулировании мореходного дела и торговли в частности. В статье автор обращает внимание на значение таких административных органов как Адмиралтейство и Коммерц-коллегия в вопросах по установлению прямых торговых отношений с государствами, имеющими выход в Черное и Средиземное моря. Отстаивается идея о том, что первоначально торговля активно развивалась лишь там, где были заключены двусторонние торговые соглашения, однако с принятием комплексного акта в сфере торгового мореплавания 1781 г. Россия встала в один ряд с основными морскими державами XVIII в. и в конце XVIII в. – начале XIX в. являла собой развитую торговую морскую державу, имевшую и торговый, и военный флот, а также свод морских законов. The article examines the historical experience that Russia has in the regulation and implementation of maritime transport in the late 17th–18th centuries. Maritime trade began to develop even before the conquests of the Baltic and White Seas by Peter I. Under him, the modernization of the fleet was carried out, and maritime legislation began to form. The comradely foundations of navigation were gradually formalized into legal norms in the form of charters, administrative orders in the field of navigation, the carriage of goods, and the hiring of ships. The wide reception of the norms and terminology of foreign legislation made it possible to make a breakthrough in the legal regulation of maritime affairs and trade in particular. In the article, the author draws attention to the importance of such administrative bodies as the Admiralty and the Commerce Collegium in matters of establishing direct trade relations with states that have access to the Black and Mediterranean Seas. The idea is defended that initially trade actively developed only where bilateral trade agreements were concluded, but with the adoption of a comprehensive act in the field of merchant shipping in 1781, Russia stood on a par with the main maritime powers of the 18th century. and at the end of the 18th century. – the beginning of the XIX century. was a developed commercial maritime power that had both a merchant and a navy, as well as a set of maritime laws.


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