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 Such acts are repealed.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 LEGAL REGULATION OF MARRIAGE IN FACT IN RUSSIA AND THE USA

2016 ◽  
pp. 0-0
Author(s):  
Анна Назарова ◽  
Anna Nazarova
Keyword(s):  
United States ◽  
Legal Protection ◽  
The United States ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Us States ◽  
Legal Norms ◽  
Legal Method ◽  
The Us ◽  
The Usa

This article is devoted to the analysis of legal regulation of marriage in fact in the Russian Federation and the United States. The purpose of this work is due to an increase in the number of marriage in fact and as a consequence the need for legal regulation of these relations. For a comprehensive study the author uses comparative legal method that takes into account the experience of not only Russia, but also foreign states. The author examines the legal regulation of marriage in fact in Russia and the United States; defines the legal norms, which is applied for the regulation of relations between the actual spouses, current Russian legislation and the legislation of the states of the USA. In the issue the researcher comes to the conclusion that neither in Russia, nor in the US states in the regulation of marriage in fact, special marriage and family provisions are not applied. At the same time the factual spouses are under legal protection. In Russia, the legal regulation of the relations developing between the actual spouses, no different from the regulation of corresponding relations of other persons. In some US states the actual spouses have special rights and duties, the scope of which is substantially less than the amount of the rights and duties of legal spouses.

Interaction of Ukrainian Diaspora and the USA Government Regarding Celebration of Ukrainian Independence Day on January 22

2018 ◽  
Vol 1 (47) ◽  
pp. 136-145
Author(s):  
Halyna Shchyhelska
Keyword(s):  
United States ◽  
House Of Representatives ◽  
The United States ◽  
100Th Anniversary ◽  
Totalitarian Regime ◽  
The Public ◽  
Us Congress ◽  
The Us ◽  
Public Consciousness ◽  
The Usa

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals The Legal Status of Election Officials in the State of Montana

Legal Concept ◽  
2019 ◽  
pp. 137-144
Author(s):  
Alexey Szydlowski
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
The State ◽  
Full Description ◽  
Election Law ◽  
Us States ◽  
American Federation ◽  
Wide Range ◽  
The Us

Introduction: the election law of the US states to date remains insufficiently studied not only in Russia but also abroad. This is due to the fact that the legal regulation of the electoral process in America is attributed to the powers of the states or municipalities, depending on the legal doctrine applied by the state – Cooley Doctrine or Dillon Rule, which objectively imposes a limit on its study and generalization. The purpose of the study is to acquaint a wide range of scientific community with the latest research in the field of the US election law in regard to the first in the domestic law full description of the organizers of elections and referendums at the state and municipal levels in the United States. The author reviews a wide range of regional and local legislation with references to the constitutional, legal and regulatory acts of the US States. The paper is part of a series that explores all fifty subjects of the American Federation and the District of Columbia. Procedure and methods of research: the author analyzes the constitutional and electoral legislation of the United States at the level of Montana at the beginning of 2019. The methodology of the study was the comparative law, formal-legal, formal-dogmatic, specific-sociological, empirical, dialectical, analytical methods, the systematic approach. Results: the information about the organizers of elections and referendums in Montana, which was not previously covered in the Russian scientific literature, is introduced into scientific circulation. The interpretations of certain provisions of the law and legal consciousness of the U.S election law and law enforcement practice are given. The gaps of the legislation requiring additional research are surfaced. The theoretical and practical significance lies in the generalization of both the established and the latest legal sources (constitutions, organic laws, federal laws, charters, by-laws and regulations) of the United States and the subject of the American Federation and the development of proposals for the enrichment of the Russian science and the formation of objective understanding of the processes taking place in the United States in the field of constitutional, electoral law and the state-building. Conclusions: for a systematic and comparative legal analysis the author proposed the review of the legislation on the organizers of elections and referendums of Montana, revealing the existing contradictions, from the point of view of the Russian researcher, which allows considering the full range of elements of the electoral legislation of Montana from a new angle, seeing new legal structures, previously unknown to the domestic statesmen and law enforcers.

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.

The United States

2017 ◽  
Author(s):  
J. C. Sharman
Keyword(s):  
United States ◽  
The United States ◽  
Turn Of The Century ◽  
Patriot Act ◽  
Foreign Corrupt Practices Act ◽  
The Us ◽  
Before And After ◽  
The Status ◽  
The Usa ◽  
Successful Prevention

This chapter begins by tracing the origins of the anti-kleptocracy cause in the United States, starting with the harsh Cold War environment and the Foreign Corrupt Practices Act of 1977. It explores the status quo ante of dictators being able to launder their funds in the US financial system with impunity immediately before and after the turn of the century. At this time, there was no law prohibiting American banks and other institutions receiving the proceeds of foreign corruption. The USA Patriot Act closed this legal loophole, yet practice lagged, and laws at first failed to have much of an impact. More recent cases indicate at least partial effectiveness, however, with instances of successful prevention and some looted wealth confiscated and returned.

scholarly journals The Experience of Legal Regulation of Reclamation of the Developed Space by the Leading Countries of Coal Mining

2020 ◽  
Vol 174 ◽  
pp. 02012
Author(s):  
Irina Verchagina ◽  
Irina Kolechkina ◽  
Elena Shustova
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Coal Mining ◽  
Mineral Resources ◽  
The United States ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
The Us

The article presents the results of a study of the regulatory framework and the experience of regulating the issues of reclamation of the developed space of the leading coal mining countries - the United States and China. The laws of China on mineral resources and environmental protection, the US practice of creating a system for restoring disturbed space as a result of mining, are examined

scholarly journals Polarization and the Judiciary

2019 ◽  
Vol 22 (1) ◽  
pp. 261-276 ◽  
Author(s):  
Richard L. Hasen
Keyword(s):  
United States ◽  
Supreme Court ◽  
Separation Of Powers ◽  
The United States ◽  
Future Research ◽  
Political Actors ◽  
The Us ◽  
Us Supreme Court ◽  
Selection Mechanisms ◽  
Federal Judges

The increased polarization in the United States among the political branches and citizenry affects the selection, work, perception, and relative power of state and federal judges, including justices of the US Supreme Court. Polarization in the United States over the last few decades matters to the American judicial system in at least four ways. First, polarization affects judicial selection, whether the selection method is (sometimes partisan-based) elections or appointment by political actors. In times of greater polarization, governors and presidents who nominate judges, legislators who confirm judges, and voters who vote on judicial candidates are more apt to support or oppose judges on the basis of partisan affiliation or cues. Second, driven in part by selection mechanisms, polarization may be reflected in the decisions that judges make, especially on issues that divide people politically, such as abortion, guns, or affirmative action. The Supreme Court, for example, often divides along party and ideological lines in the most prominent and highly contested cases. Those ideological lines now overlap with party as we enter a period in which all the Court liberals have been appointed by Democratic presidents and all the Court conservatives have been appointed by Republican presidents. Third, increasingly polarized judicial decisions appear to be causing the public to view judges and judicial decision making (at least on the US Supreme Court) through a more partisan lens. Fourth, polarization may affect the separation of powers, by empowering courts against polarized legislative bodies sometimes paralyzed by gridlock. The review concludes by considering how increased polarization may interact with the judiciary and judicial branch going forward and by suggesting areas for future research.

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 Geopolitical and regional considerations: US, China and, Russia: partners or competitors?

2021 ◽  
pp. 55-65
Author(s):  
Anatoliy Khudoliy
Keyword(s):  
United States ◽  
The United States ◽  
Asia Pacific ◽  
Regional Politics ◽  
Republic Of China ◽  
One Belt One Road ◽  
The Us ◽  
The Usa ◽  
The Russian Federation ◽  
Political Economic

The article deals with the policy of the United States of America, Peoples’ Republic of China (PRC) and the Russian Federation in the Asia-Pacific Region. Leadership ambitions of the countries became evident in political, economic, military, technological and space spheres especially over the last few years. The purpose of the article is to analyze American-Chinese and Russian-Chinese relationships in the Asia-Pacific and identify reasons for their foreign policy course. Both countries, China and the USA are eager to play leader’s part in the regional politics. The relationships between the PRC and the United States significantly deteriorated, especially during D. Trump presidency. The author draws attention to the US policy and its attempts to strengthen its own positions in the region as well as to China’s economic activity reflected in transport projects, for instance – One Belt, One Road initiative, perceived by Washington as a challenge to its leader’s position. Tensions between two countries increased due to aggressive regional policy of China which claimed sovereignty over few small islands in the South China Sea. Beijing and Washington compete for leadership in the sphere of technology where China is ahead of the USA.

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