scholarly journals Legal regulation of service and labor relations in various legal systems

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 35-40
Author(s):  
Yuliya S. Gusakova ◽  
Tatyana L. Adrianovskaya ◽  
Valentina V. Chuksina ◽  
Aleksej N. Nifanov ◽  
Michael V. Presnyakov
Keyword(s):  
Labor Relations ◽  
Legal Regulation ◽  
Comparative Characteristic ◽  
Anglo Saxon ◽  
Labor Contract ◽  
Foreign Countries ◽  
Russian State ◽  
The Usa ◽  
Anglo American ◽  
The Moment

The article provides a comparative characteristic of the concepts of labor relations in some foreign countries. The article analyzes the legal regulation of labor relations, dividing states into two groups. The first includes Russia, France, Germany and a number of other European states. In the second - the USA, Great Britain, Australia and other countries of the Anglo-Saxon legal system. The author denotes the similarities and differences in choosing one of the two models, namely: European (continental) and Anglo-Saxon (Anglo-American). The conclusion is drawn that the borrowing of the experience of the countries adhering to the Anglo-Saxon model is unacceptable for the Russian state, since in them the labor contract is presented not as a tool capable of guaranteeing the rights of workers, but as a legal way to create conditions that can infringe on their interests. In turn, at the moment these countries are moving towards the socialization of labor relations.

scholarly journals FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES

2020 ◽  
Vol 1 (9) ◽  
pp. 33-37
Author(s):  
Oleksii Kucherenko ◽  
Keyword(s):  
Government Regulation ◽  
Self Regulation ◽  
Legal Regulation ◽  
Relevant Market ◽  
Eu Member States ◽  
Doing Business ◽  
Foreign Countries ◽  
The Usa ◽  
Key Terms ◽  
Local Levels

The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

Instruments of Financial Legal Policy in the Countries of the European Union

2020 ◽  
Vol 11 (4) ◽  
pp. 1313
Author(s):  
Olha V. POKATAIEVA ◽  
Lesia A. SAVCHENKO ◽  
Oleksandr M. BUKHANEVYCH ◽  
Anton O. MONAIENKO ◽  
Olga P. GETMANETS
Keyword(s):  
Fiscal Policy ◽  
Large Scale ◽  
Business Processes ◽  
Legal Regulation ◽  
Business Environment ◽  
The European Union ◽  
Global Business ◽  
Common Features ◽  
Foreign Countries ◽  
The Usa

For the purpose of a more detailed analysis of the features of administrative regulation of fiscal policy, it is necessary to consider examples of fiscal regulation of business processes in individual foreign countries, as well as features of fiscal policy in the EU. For several decades in a row, the G7 countries – Great Britain, Italy, Germany, Canada, the USA, France, and Japan - determine world economic policy. Despite the periodic global economic crises, they are among the first to overcome their consequences and maintain a leading position in the global business environment. This happens due to a balanced fiscal regulation policy. Among their common features is that part of the GDP that they accumulate through leverage of fiscal regulation has a steady tendency for growth. Thus, over the past 40 years in France, this share has grown by 10.1%, and in Canada - by 10.9%. The paper shows that the theoretical basis of modern fiscal regulation in these countries is neo-conservatism, the basis of which is the importance of direct impact on production through targeted and large-scale tax cuts. The authors show that fiscal regulation in this case provides incentives for conservation and investment. Another important element is the reduction of government spending, mainly due to the implementation of targeted government programs. However, despite several common features, each country has certain features in the administrative and legal regulation of fiscal policy. The relevance of the study is determined by the fact that it is necessary to investigate these features in more detail through the lens the historical development of the administrative and legal regulation of fiscal policy in foreign countries.  

scholarly journals LEGAL REGULATION OF DIGITAL ECONOMY IN RUSSIA IN LIGHT OF FOREIGN ECONOMIC SANCTIONS AND RESTRICTIVE MEUSURES

2020 ◽  
pp. 185-192
Author(s):  
A. R. Ryazanova
Keyword(s):  
Digital Technologies ◽  
Economic Sanctions ◽  
Legal Framework ◽  
Legal Regulation ◽  
Digital Economy ◽  
National Market ◽  
Foreign Countries ◽  
The Usa ◽  
Legislative Amendments ◽  
Restrictive Measures

In this article, the author presents a study of the changes in legal regulation of the digital economy caused by the imposition of economic sanctions by the foreign states as well as the Russian Federation. The paper analyzes the restrictive measures imposed in the USA against Russian persons in the field of digital technology. The author concludes that the economic sanctions of foreign countries limit the ability to conduct foreign economic operations in the digital sphere both by Russian persons to foreign persons and vise versa. An analysis of the Russian legal framework for the imposition of restrictive measures and the latest legislative amendments, in particular with regards to the preinstallation requirement of the Russian software, showed that currently the measures introduced in Russia are aimed not at reducing the effect of foreign sanctions, but at developing a national market of digital technologies and decreasing the dependability level ofthe Russian economy on exported technologies in general. The author also highlights that it is necessary to assess the consequences of imposing prohibitions in the field of digital technologies and to consider introduction of more flexible measures of legal regulation upon the results of such assessment.

scholarly journals Linear objects as real estate objects: legislative approaches of Russia and foreign countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 41-46
Author(s):  
Oleg R. Skopenko ◽  
Yuri N. Andreev ◽  
Denis N. Latypov ◽  
Anna Rudavina ◽  
Anna S. Shekhovtsova
Keyword(s):  
Real Estate ◽  
Comprehensive Analysis ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Foreign Countries ◽  
The Usa ◽  
Linear Object ◽  
Russian Law ◽  
Definition Of

The purpose of the study is to theoretically develop the problem of attributing linear objects to real estate objects. To achieve this goal, a comprehensive analysis of Russian and foreign legislation was carried out in the framework of relations with linear facilities. At the same time, special attention is paid to the concepts and approaches related to the classification of linear objects as real estate objects in Russian law and in the countries of the Anglo-Saxon and Romano-Germanic legal systems. Considering the civil legislation of Germany, Russia, the USA and France, the authors concluded that there are no unified definitions of the concepts of "linear object" and "real estate"; only a listing of their types has been established. However, the declared concept can be identified based on the definition of the characteristics of real estate in these countries. In this regard, it can be argued that each country has its own understanding in assessing the concept of «linear object» and its attribution to real estate objects.

The ratio of private and public beginnings in Labor Law

2021 ◽  
pp. 168
Author(s):  
Lyubov A. Lomakina
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
The State ◽  
Public Interests ◽  
Labor Contract ◽  
Labor Legislation ◽  
Private And Public

The article highlights some issues of solving the priority tasks of labor legislation, coordination of the interests of the parties to labor relations, the interests of the state, which are determined by the principles of legal regulation of labor relations. Principles, as a legal category, form the basis for regulating any branch of law, including labor law, and determine the direction of development of the branch of law. One of these principles is the principle of combining private and public interests, which is reflected in Labor Law as the principle of combining state and contractual regulation of labor relations, it is aimed at balancing the various interests of the parties to the labor contract and the state.

scholarly journals Collective Identity, Anglo-Saxon Bond and the Persistence of the Anglo-American Special Relationship

2015 ◽  
Vol 1 (3) ◽  
pp. 122
Author(s):  
Ruike Xu
Keyword(s):  
Cold War ◽  
Collective Identity ◽  
Special Relationship ◽  
Anglo Saxon ◽  
Post Cold War ◽  
Threat Perceptions ◽  
The Usa ◽  
Anglo American ◽  
The Uk ◽  
The Cold War

There have been many “end of affair” comments on the Anglo-American special relationship (AASR) in the post-Cold War era. Notwithstanding this, the AASR has managed to persist without losing its vitality up to the present. This article seeks to explain the persistence of the AASR from the perspective of collective identity. It argues that a strong Anglo-American collective identity has been an indispensable positive contributor to the persistence of the AASR after the end of the Cold War. The strong Anglo-American collective identity facilitates Anglo-American common threat perceptions, solidifies embedded trust between the UK and the USA, and prescribes norms of appropriate behaviour for these two countries.

scholarly journals Foreign Experience and Current Legal Prospects Related to the Termination of a Labor Contract on the Initiative of an Employee and Agreement of Parties

2019 ◽  
Vol 9 (1) ◽  
pp. 3232-3238 ◽  
Keyword(s):  
Great Britain ◽  
Labor Relations ◽  
International Standards ◽  
Legal Regulations ◽  
Legal Institution ◽  
Labor Contract ◽  
Foreign Experience ◽  
European Model ◽  
Foreign Countries ◽  
The Republic

This article studies foreign experience (France, Germany, Great Britain, USA, Japan, CIS) and current legal prospects related to the termination of the labor contract on the initiative of an employee and with the agreement of parties. The research analyzes the international standards and mechanisms in termination of the labor contract, legal regulations of termination of the labor contract on the initiative of an employee and with the agreement of parties in foreign countries. This legal institution is of great importance in the CIS, and it differs from the European model of contractual regulation of labor relations. The issues in the Republic of Uzbekistan dealing with a draft, amendment, termination of an employment contract have been investigated, and a number of proposals and recommendations to improve the legislation have been developed

scholarly journals Conceptual Bases of State Management in the Sphere of National Security: The Anglo-American Approach

2017 ◽  
Vol 10 (4) ◽  
pp. 207
Author(s):  
Galina S. Belyaeva ◽  
Valeriy P. Belyaev ◽  
Olga V. Grechkina ◽  
Vladimir I. Shepelev ◽  
Sergey Yu. Chapchikov
Keyword(s):  
Great Britain ◽  
National Security ◽  
Public Administration ◽  
The United States ◽  
Legal Regulation ◽  
Security Issues ◽  
State Management ◽  
Foreign Countries ◽  
Anglo American ◽  
Interdisciplinary Study

This article has both a general theoretical, conceptual, and branch character. It is a complex interdisciplinary study aimed at conceptual approaches establishment to the understanding of national security and the mechanisms for its provision in foreign countries such as the United States and Great Britain. Within the framework of the prepared article, its authors carried out a comparative analysis of strategic legal regulation experience concerning the national security issues of these foreign countries, the use of which is necessary in view of the new global challenges within a national legal system. The specifics of the Anglo-American approach to public administration in the sphere of national security provision are established and systematized.

scholarly journals Foreign Experience of Construction Contracts Regulation

2020 ◽  
Vol 16 (2) ◽  
pp. 83-88
Author(s):  
A. N. Kirsanov ◽  
A. V. Korablin
Keyword(s):  
Structural Analysis ◽  
Practical Experience ◽  
Legal Regulation ◽  
Anglo Saxon ◽  
Legal Norms ◽  
Foreign Experience ◽  
Construction Contracts ◽  
International Construction ◽  
Foreign Countries ◽  
Similarities And Differences

Introduction. Analysis of foreign legal norms, including the Anglo-Saxon and the Romano-German legal systems that regulate the construction contract, their similarities and differences is described in this article.Materials and methods. The goal was achieved through the study of theoretical and practical experience. The structural analysis was used as a key method for this study.Study results. The article overviews the legal regulation of construction contracts in foreign countries described in the works of foreign and domestic researchers, in the legislation of foreign countries and includes the analysis of sources governing the construction contract; and idetifes concepts for the regulation of construction contracts.Discussion and conclusions. The study showed that countries of Romano-Germanic and  Anglo-Saxon legal families have different approaches to the regulation of construction contracts, i.e. the application of a Romano-Germanic legal family or a precedent-oriented Anglo-Saxon legal family should be taken into account when entering into an international construction contract.

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