scholarly journals PUBLIC LAW MEANS AGAINST THE UNFAIR COMPETITION: ASPECTS OF RUSSIA AND THE USA

2017 ◽  
Vol 3 (4) ◽  
pp. 120-124
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev
Keyword(s):  
United States ◽  
Present Article ◽  
Social Relations ◽  
The United States ◽  
Legal Regulation ◽  
Unfair Competition ◽  
Scientific Methods ◽  
Fair Competition ◽  
Legal Provisions ◽  
The Usa

The issues of the legal regulation of social relations in the sphere of counteraction of unfair competition are raised in present article. The author outlines the legislative tools which are used in Russia and the United States for the regulation of liability for such acts. Also the author identifies the similar and different ways of legal regulation of these social relations. In this context the most relevant fact is the fact that the legal regulation of these issues in the United States started in the beginning of XX century, and the Russian legislator started to learn them only in the end of XX century. The purpose of the present article is to study the antitrust laws of Russia and the USA; to identify the features of the historical development of legal provisions in this field; to make a comparison of the administrative and penal sanctions on persons violating the rules of fair competition, but not only in a view of the responsibility, but in context of the prevention of such offences; to make a comparative analysis of definitions and levels of responsibility for violations in this sphere. The set of general scientific and private scientific methods of cognition were used during preparing of this article: the dialectical method, the method of analysis and synthesis, logical method, method of comparative law, sociological, historical, formal-logical and other scientific methods. The study was made not only on the basis of the standard manual but also the case law of the higher judiciary. At the end of the study the author comes to the conclusion on necessity of the improvement of legislation in the field of counteraction of unfair competition, in particular in the direction of the creation of the criminal liability institute for legal persons in Russian legislation and the development of the concept of penetration under the corporate veil in the public legal sectors.

scholarly journals Private space flights: legal regulation in the United States

2020 ◽  
pp. 382-388
Author(s):  
Оleksandr Zadorozhny
Keyword(s):  
United States ◽  
Space Flight ◽  
The United States ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Gradual Transition ◽  
Significant Shift ◽  
Private Space ◽  
Space Flights ◽  
The Usa

The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

scholarly journals Az atomerőművek üzemidejének meghosszabbítása az Egyesült Államokban és Magyarországon

2020 ◽  
Vol 15 (28) ◽  
pp. 344-375
Author(s):  
Anita Paulovics
Keyword(s):  
United States ◽  
Nuclear Power ◽  
Power Plants ◽  
Nuclear Power Plants ◽  
Operation Time ◽  
The United States ◽  
Legal Regulation ◽  
Time Limit ◽  
Energy Strategy ◽  
The Usa

This paper is about the legal regulation of the extension of the operation time of nuclear power plants.  In Hungary the most important document in this respect has been the National Energy Strategy analyzed in the paper. In Hungary, the legal regulation of the extension of the time limit of the operation-permit of nuclear power plants is modelled on that of the United States. For this reason, the paper examines the rules in force in the USA on the extension of the operation time.  It could be of interest for several European countries considering to extend the operation time of their nuclear power plants.

scholarly journals Features of Measures to Prevent Fraud Committed by Women: the Experience of Ukraine, the EU Countries and the United States

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-23
Author(s):  
Viktoria Babanina
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
Female Crime ◽  
Eu Countries ◽  
Theoretical Approaches ◽  
Preventive Work ◽  
Special Programs ◽  
The Usa ◽  
The Eu

The article analyzes approaches to the prevention of female fraud in order to identify the best ways to combat fraud committed by women. Theoretical approaches to the measures to prevent crimes committed by women, in particular, female fraud were examined. Peculiarities of the legal regulation of the prevention of female fraud in Ukraine have been studied. The conclusion was made about the insufficiency of normative acts aimed at combating female fraud in Ukraine. In addition, the investigation revealed that measures taken in Ukraine to prevent female fraud were poor and insufficient. In parallel, the experience of the EU countries and the USA in the prevention of female fraud was analyzed in the article. The programs and methods of prevention of crimes committed by women in the USA and the EU have been studied. Based on this analysis, proposals to improve approaches to the prevention of female crime, in particular, female fraud, have been developed. In particular, the conclusion was made that preventive work among the population as well as creation of special programs to work with women would be relevant.

scholarly journals Public Policy of Telework Management: Experience of Russia and the USA

2019 ◽  
Vol 29 (4) ◽  
pp. 646-652
Author(s):  
Marina Chudinovskikh
Keyword(s):  
United States ◽  
State Policy ◽  
Economic Effect ◽  
The United States ◽  
Traffic Load ◽  
Annual Reports ◽  
Scientific Methods ◽  
State Management ◽  
The Usa ◽  
Accounting Control

The relevance of the research into the issue is determined by the need to develop a state policy in the field of telework management (distance employment). The paper presents an analysis of the practice of state management of telework in the United States of America based on a study of the norms of legislation (Telework Enhancement Act), as well as annual reports submitted to Congress. In the article, general and special scientific methods such as systemic, comparative legal, formal logical, statistical, and others were applied. As a result of the study, it was concluded that the Russian Federation is taking the first steps in the field of managing telework, while in the United States, a comprehensive state policy has been formed and implemented since 2010. The telework state policy includes the development of legal acts, allocation of authority among state and municipal bodies, measures to encourage the creation of remote jobs, the organization of accounting, control and supervision of telework. The implementation of an effective telework state policy has a positive effect on employers, employees, society and the environment. The positive economic effect for the state and government is reduction in operating costs, increase in work efficiency and reduction of staff turnover. For employees, distance employment leads to a reduction in stress and an increase in job satisfaction. The effect for society and the environment is reflected in an increase in the level of public safety, a reduction in the traffic load, pollution of the environment, and energy saving.

scholarly journals RELATIONSHIP BETWEEN CANADA AND THE UNITED STATES: ASYMETRY AND INTERDEPENDENCE

2018 ◽  
pp. 13-24
Author(s):  
I. Derevianko
Keyword(s):  
United States ◽  
Soft Power ◽  
The United States ◽  
Scientific Methods ◽  
Wide Range ◽  
The Usa ◽  
The Asymmetry ◽  
High Level ◽  
Political Economic ◽  
High Degree

The article analyze the nature and content of bilateral Canadian-American asymmetric relations with uses the general scientific methods of empirical knowledge. The asymmetry of quantitative and qualitative parameters of Canada and the USA, which is caused by historical, geographical, political, economic, demographic and cultural factors, is revealed. It is proved that in the conditions of interdependence, the asymmetry of military potentials is not a determining factor in relations between the two North American countries. It found that the existing asymmetry of indicators between Canada and the United States does not create opportunities for the strong side to dictate its conditions and does not allow these relations to be turned into a one-sided relationship. Key Canadian strategies aimed at reducing asymmetry in relations with the United States are identified. It is indicated that “soft power” is an important factor in strengthening Canada’s political position in the asymmetric model of coexistence with the United States. The Relations between Canada and the United States are characterized not only by the high level of asymmetry and the wide application of regulatory mechanisms, but also by the high degree of interdependence that is particularly noticeable in the economic and cultural spheres. The asymmetric relationship between Canadian-American is evident in terms of reaching consensus in a wide range of activities. Key words: USA, Canada, Canadian-American Relations, Asymmetry, Interdependence, Potential.

scholarly journals GENOMIC RESEARCH LEGAL REGULATION SYSTEM: EXPERIENCE OF RUSSIA AND THE USA

2019 ◽  
Vol 23 (4) ◽  
pp. 546-564
Author(s):  
Emil V. Alimov
Keyword(s):  
United States ◽  
Russian Federation ◽  
Self Regulation ◽  
The United States ◽  
Legal Regulation ◽  
Genomic Research ◽  
Regulation System ◽  
Scientific Institutions ◽  
The Usa ◽  
The Russian Federation

This article is devoted to the analysis of the genomic research legal regulation in the Russian Federation and the USA. In the United States, in addition to the legislation great importance is attached to medical and scientific institutions self-regulation, and such information is usually open. It is concluded that in Russia, despite the presence of both state and non-state scientific institutions engaged in genomic research, the mechanism of self-regulation as a whole is fragmented. It is also noted that Russia and the United States have specific legal regulation of these relations, which is reflected in the text of the article. For example, in the United States, unlike Russia, most organizations conducting genomic research, including genomic testing, are non-governmental. Currently, the general trend in the legal regulation of genomic research in Russia and the USA is the active development of normative legal regulation. Moreover, a significant difference in the approaches of these countries is the active role of the US states in the development of regional legal regulation on these issues. Despite the fact that Russia is a federal state, the subjects of the Russian Federation are significantly limited in the genomic research legal regulation possibilities. This is largely due to both legal and political reasons that were given in this article. In the United States, a number of statutes have been adopted at the state level that regulate genomic research in such aspects as health insurance, confidential of personal information, the prohibition of discrimination, screening of newborns, and certain types of clinical and scientific research. It should be noted that the genomic research regulation in the United States is not integrated into a single national consolidated act, which is a feature of this legal system. A comparative legal study of the fundamentals of legal regulation and self-regulation of genomic research in Russia and the USA made it possible to understand the specifics of regulation of these issues in different legal systems. The positive regulatory experience in conducting genomic research in the United States can be used to improve the regulatory framework of the Russian Federation in this area.

Some features of the legal regulation of ensuring economic security in the United States

2020 ◽  
pp. 42-55
Author(s):  
Vladimir Vladimirovich Kudinov ◽  
Elena Gennadievna Mukhina
Keyword(s):  
United States ◽  
Social Relations ◽  
The United States ◽  
Legal Regulation ◽  
Economic Security ◽  
Border Crossing ◽  
The European Union ◽  
Economic Stability ◽  
The Us ◽  
The Stability

The article examines the features of the legal regulation of ensuring economic security in the United States, shows the infl uence of threats in the fi eld of economic security on the social development of social relations, living conditions of people, the activities of state executive authorities. Highlighted the main powers of the US executive authorities to ensure economic stability within the state. The main areas of activity of the executive authorities in the fi eld of ensuring economic security was the promotion of American interests in the international arena. At the same time, to protect its geopolitical interests on the economic security of other states, the United States uses such forms of infl uence as tariffi ng, fi nancial restrictions on exports and imports, organized boycotts, asset freezes, economic sanctions, bans on trade, technology transfer and border crossing, embargoes, no-fl y zones and blockades, provoking and inciting armed confl icts. The conclusion is substantiated that economic security is the basis for the stability of any state and serves as the foundation for national institutions and state authorities that ensure it. At the same time, in order to ensure the economic security of the country, the Russian Federation must not only take into account the aggressive US policy in this area, but also actively build and strengthen relations within the framework of economic associations of partner states (for example, ASEAN, EAEU, CIS, BRICS, SCO) and China with the purpose of protecting state interests in the fi eld of ensuring economic security, as well as with the countries of the European Union, and primarily with Germany.

scholarly journals Private space flights: legal regulation in the United States

2020 ◽  
pp. 382-388
Author(s):  
Оleksandr Zadorozhny
Keyword(s):  
United States ◽  
Space Flight ◽  
The United States ◽  
Legal Regulation ◽  
Economic Feasibility ◽  
Gradual Transition ◽  
Significant Shift ◽  
Private Space ◽  
Space Flights ◽  
The Usa

The emergence of demand for space travel, the emergence of commercial enterprises and travel agencies in the space industry,the development of vehicles designed exclusively for transporting tourists into space – all this suggests that space may soon turn froma scientific object into a common destination. Therefore, today the legal regulation of private space flights is a promising issue, giventhat there is no such legislation in Ukraine. We turn to the analysis of the legislation of the United States of America to assess whatarray of regulations we will have to master if we want to develop private space flights at home.A private space flight is a space flight or development of space flight technology that is conducted and paid for by an entity otherthan a government agency. Depending on the purpose, private space flights are divided into flights for the purpose of transportation ofcargoes, and flights within the framework of space tourism.The article presents an overview and analysis of the legislation of the USA regulating private space flights, in particular, flightsfor the purpose of transportation of cargoes, and flights in the framework of space tourism. The author highlights a chronological formationof the commercialization of space, which clearly shows the gradual transition of the United States from a complete reluctanceto allow private space flights to the recognition of the indisputable economic feasibility of such activities. A significant shift in this areahas taken place since 2015, when five directives on space policy, the National Space Strategy and orders on the exploration, extractionand use of space resources were adopted.The author analyzes the main sources of space law in the United States. It was found that mostly, the legislation does not keepup with innovations in the commercialization of space, thus, there is a situation when first comes a relationship (flight of a tourist orcargo into space), and then – the legislative regulation of such relations.

scholarly journals Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States

2015 ◽  
pp. 209-214
Author(s):  
S. E. Kuzmin
Keyword(s):  
United States ◽  
Mergers And Acquisitions ◽  
Separation Of Powers ◽  
Case Law ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Judicial Decisions ◽  
The Us ◽  
The Usa

The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition) laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the higher courts are binding for cases adjudicated in lower courts. Judicial decisions have a major impact on the regulation of mergers and acquisitions of corporations, in particular, the state corporate Laws. The article analyses the main similarities and differences of sources of legal regulation of mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States.

scholarly journals Bankruptcy Procedure for Individuals in Russia and the USA: Comparative Legal Analysis

2020 ◽  
Vol 37 (64) ◽  
pp. 92-100
Author(s):  
Yuliya V. Boltenkova ◽  
Vladimir S. Sinenko ◽  
Sergey A. Rubanov ◽  
Oksana S. Lilikova ◽  
Aleksey Yu. Gordeev
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
The United States ◽  
Legal Regulation ◽  
Positive Experience ◽  
Legal Analysis ◽  
Proficiency Level ◽  
The Usa ◽  
Bankruptcy Procedure ◽  
Russian Law

Bankruptcy is the legitimate procedure by which monetarily troubled firms, people, and sporadically governments settle their obligations. The insolvency procedure for firms assumes a focal job in financial aspects, since rivalry drives the most wasteful firms bankrupt, subsequently raising the normal proficiency level of those remaining. This study provides a comparative analysis of the most significant aspects of bankruptcy for individuals in Russia and the United States. The objective of the study was to determine the conditions involved in declaring a citizen insolvent in US and Russian law, for which we studied the ways of filing applications in these countries, as well as some methods of abuse by creditors that reduce the effectiveness of the bankruptcy institu-tion, and the ways to minimize them. Based on the results of the analysis, proposals were made to improve the legislation that governs people's bankruptcy. These proposals are based on the positive experience of the United States in the field of legal regulation of insolvency institutions.

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