scholarly journals Private Employment Agencies and Contingent Labor in the Russian Federation: Comparative Law Research

2017 ◽  
Author(s):  
L.V. Zaitseva ◽  
◽  
A.A. Chukreyev ◽  
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Contingent Labor ◽  
The Russian Federation ◽  
Private Employment ◽  
Employment Agencies

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

scholarly journals Constitution and Modernization of Legislation: Proceedings of the XV International School of Young Legal Scholars (Moscow, May 27 – June 5, 2020)

2020 ◽  
Author(s):  
A.Ya. Kapustin ◽  
I.I. Kucherov ◽  
S.A. Sinitsyn ◽  
A.I. Kovler ◽  
Yu.N. Kashevarova
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
International School ◽  
International Union ◽  
A Value ◽  
The Russian Federation ◽  
The Government ◽  
Legal Understanding ◽  
First Time ◽  
Epidemiological Situation

Modern constitutional transformations, asserting a “value” legal understanding, actualize theoretical and practical problems of legislative regulation, serve as a prereq- uisite for rethinking the essence, role and significance of law in the life of society, and determine the formulation of a number of issues related, first of all, to the qualitative implementation of novelties. This collection reflects the diversity and depth of scientific discussions of the XV In- ternational school of young legal scholars on the topic “Constitution and modernization of legislation”, which was held by the Institute of legislation and comparative law under the Government of the Russian Federation in cooperation with the International Union of lawyers. In the context of a difficult epidemiological situation related to the spread of corona- virus infection, in order to protect the health of conference participants, the organizing Committee decided to hold the XV School remotely (by correspondence). For the first time, all its scientific events were held online. The participants had a unique opportunity to communicate with the direct developers of amendments to the Constitution of the Russian Federation, present their reports in a new format.

Concept of Single Civil Procedure Code: Suggestions of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Екатерина Ганичева ◽  
Ekaterina Ganicheva ◽  
Андрей Габов ◽  
Andrey Gabov ◽  
Мария Глазкова ◽  
...  
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Civil Procedure ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Legislative Activity ◽  
The Government

This publication is the result of collective discussion at the Institute of Legislation and Comparative Law under the Government of the Russian Federation of the Concept of a common code of civil procedure adopted in 2014. The article deals with the problem of harmonization of legislation governing the consideration of the various categories of cases within the jurisdiction of the courts of general jurisdiction and arbitration courts. Particular attention is paid to the problems of access to justice, coordination of legislative activity, taking into account the future prospects of unification of the rules and institutions governing the procedural arrangements of civil, administrative and criminal proceedings. The article describes the objective relationship between the development of an of procedural law and the law on the judicial system, which must be taken into account when solving problems to ensure the effective operation of the courts at all stages of trial and in all judicial instances. Certain problems that arose after the unification of the higher judiciary authorities are reviewed, recommendations aimed at improving the structure and organizational forms of the Supreme Court of the Russian Federation are given.

scholarly journals Methodology of Chrono-Discrete Mono-Geography Comparative Law in the Study of Judicial Reforms in the Russian Empire and the Russian Federation

2018 ◽  
Vol 5 (4) ◽  
pp. 45-50
Author(s):  
V M Bolshakova
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Russian Empire ◽  
Scientific School ◽  
Judicial Reform ◽  
Basic Principles ◽  
The Public ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Structure And Activity

The article proves the expediency of applying the methodology of chrono-discrete mono-geography comparative jurisprudence when studying judicial transformations in the Russian Empire and the Russian Federation. The author proves that the judicial reforms of Emperor Alexander II and the judicial transformations late XX - early XXI century in their totality represent a chrono-discrete phenomenon. Examines the basic principles of the scientific school of chrono-discrete mono-geography comparative jurisprudence as applied to the study of Russian judicial reforms in the Russian Empire and the Russian Federation. In the paper it notes that the judicial transformation as a phenomenon include items such as 1) conceptual framework, ideas of reform; 2) judicial institutions; 3) theoretical and practical problems of implementation; 4) results; compliance, what happened, what was intended by the reformers; 5) attitude of the legal community and the public to reform on the whole and its separate institutions. The essential core of any judicial reform are newly constructed or transformed its institutions. Speaking of chrono-discrete judicial institutions, the author proposes to divide them into classical and non-classical. The first is the Institute of magistrate’s court, the juries and the Institute of bailiffs and institute of appeal. To non-classical chrono-discrete institutions include prosecutors and the legal profession. As the main comparable problems, characteristic for the studied periods, the author sees 1) the reforms “from above”; 2) the issue of financial support for reforms; 3) personnel problems; 4) problem of implementation of judicial reforms in space and time; 5) constant and numerous adjustment of normative legal acts, regulating the structure and activity of the relevant judicial institutions.

Legal and Organizational Barriers of Digitalization of Education in the Russian Federation

2018 ◽  
pp. 18-24 ◽  
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Educational Process ◽  
Educational Organization ◽  
Organizational Barriers ◽  
The Russian Federation ◽  
Russian Education

The aim of the study is to identify the legal and organizational barriers to digitalization and digital transformation of education in the Russian Federation and to develop proposals for improving the startup planning and legal regulation in this area. The study presents the authors’ method of identifying the barriers. The main feature of this methodology (based on the comparative-law method and structural and functional analysis) is its focus on identifying the legal and organizational barriers to digitalization not only of the educational process itself, but also of the life cycle of the educational organization as a whole. The key legal and organizational barriers to digitalization for education were identifi ed and systematized. It was concluded that there remains a signifi cant number of barriers not only to digitalization, but also to primary informatization in the fi eld. The authors substantiate proposals for improvement of strategic planning and legal regulation, aimed at eliminating the identifi ed barriers and forming of legal conditions for digitalization and, in the long term, the digital transformation of Russian education.

scholarly journals CORRUPTION COMBATING: A COMPARATIVE LAW ASPECT

2019 ◽  
Vol 1 ◽  
pp. 74-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Comparative Method ◽  
Criminal Liability ◽  
Comparative Law ◽  
Legal Issues ◽  
International Obligations ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The article is dedicated to the review of legal issues of corruption combating using a comparative method. The author notes the importance of such research for discharge of international obligations in the said sphere arising out of agreements entered into by the Russian Federation; the development of international cooperation in corruption combating; study of the most efficient anti-corruption solutions in place in other countries as to their possible use in the national laws. The publication reviews the issues of definition of such concepts as corruption, fight against corruption, corruption combating, criminal liability of legal entities for corruption-related offenses in various countries. Attention is focused on a comparison of the Russian and Chinese anti-corruption laws. The criminal, administrative, civil, disciplinary, economic and party types of the liability for corruption are singled out.

scholarly journals REVIEW OF THE JOINT SEMINAR OF YOUNG SCIENTISTS FROM THE INSTITUTE OF LEGISLATION AND COMPARATIVE LAW UNDER THE GOVERNMENT OF THE RUSSIAN FEDERATION AND PETROZAVODSK STATE UNIVERSITY FACULTY OF LAW

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Г. Мамцев ◽  
G. Mamtsev ◽  
Феликс Лещенков ◽  
Feliks Leshchenkov
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
University Faculty ◽  
University Graduates ◽  
State University ◽  
Joint Research ◽  
Joint Seminar ◽  
The Russian Federation ◽  
The Government ◽  
The University

The present publication provides the review of the joint seminar of young scientists from the Institute of Legislation and Comparative Law under the Government of the Russian Federation and Petrozavodsk State University faculty of law which took place on April 29, 2015 in Petrozavodsk. During the event the main activities of the Institute were presented. Particular attention was paid to such areas as scientific legal support of activities of the Government of the Russian Federation, carrying out basic and applied scientific researches in legal sphere, examination of legal experience of foreign states and international associations, realization of functions of the interdisciplinary center for coordinating scientific and educational methodological support in combating corruption, realization of policy in education and professional development, performance of functions of the Secretariat of the Russian Federation delegation in the European Commission for democracy through law, activities of the Council of young scientists and the Council of graduate students, etc. At the same time, special attention was also paid to the questions of participation of youth in the Institute’s scientific life and involvement of young scientists-lawyers in joint research projects. During the seminar the foundation was laid for the main areas of interaction between the young scientists of the Institute and the University, including publishing of the results of joint scientific researches in publications of the Institute and the University, participation in the events held by the Institute and the University, involvement of the University graduates in the Institute’s Master programs, exchange in educational and scientific literature, etc. The seminar proceeded in a friendly businesslike atmosphere; its participants recognized the efficiency of the held meeting.

scholarly journals LAW ENFORCEMENT AS THE CEMTRAL POINT IN ESTABLISHING AN ELECTRONIC STATE: CHALLENGES OF “NEW REALITIES”

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Анна Головина ◽  
Anna Golovina ◽  
Николай Черногор ◽  
Nikolay Chernogor ◽  
Юлия Кашеварова ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Electronic State ◽  
Russian Federation ◽  
Comparative Law ◽  
Legal Regulation ◽  
International School ◽  
Legal Order ◽  
Information Revolution ◽  
The Russian Federation ◽  
The Government

The currently ongoing information revolution has become one of the most significant perquisites for the formation of a new legal order — “new realities”, characterized by the formation of “electronic state“. The challenges of this “new reality” make search for science-based solutions ever more topical, including the means and methods and technologies for legal regulation with regard to public relationships. An attempt to look for said mechanisms was undertaken by the participants of the XI International School for young scholars — jurists “Effective law enforcement: doctrine and practice”. It was held at the Institute of Legislation and Comparative law under the Government of the Russian Federation on May 27, 2016. One of the sections of said School was dedicated to “Law enforcement in the light of formation of electronic state“. The article contains summary of the discussions and the outcomes.

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