Proceeding on Cases with the Participation of Foreign Persons in International Procedure Law of Russia and Belarus (The end)

2021 ◽  
pp. 123
Author(s):  
William Elliott Butler
Keyword(s):  
Comparative Analysis ◽  
International Treaties ◽  
International Jurisdiction ◽  
Legal Documents ◽  
Procedural Law ◽  
Wide Range ◽  
Domestic Legislation ◽  
Recognition And Enforcement ◽  
Regional Character

This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian and Belarus legislation concerning the regulation of international procedural relations. Article includes two parts: the first one considers international jurisdiction of Russian arbitrazh courts and Belarus economic courts on commercial matters; the second one examines the recognition and enforcement of foreign judgments in commercial matters on the territory of Russia and Belarus. Authors deeply scrutinized a wide range of legal documents including domestic legislation, bilateral and multilateral international treaties of regional character in order to show the convergences and divergences in Russian and Belarus procedural law concerning participation of foreign persons in international commercial litigation

Proceeding on Cases with the Participation of Foreign Persons in International Procedure Law of Russia and Belarus

2021 ◽  
pp. 173
Author(s):  
William E. Butler
Keyword(s):  
Comparative Analysis ◽  
International Treaties ◽  
International Jurisdiction ◽  
Legal Documents ◽  
Procedural Law ◽  
Wide Range ◽  
Domestic Legislation ◽  
Recognition And Enforcement ◽  
Regional Character

This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian and Belarus legislation concerning the regulation of international procedural relations. Article includes two parts: the first one considers international jurisdiction of Russian arbitrazh courts and Belarus economic courts on commercial matters; the second one examines the recognition and enforcement of foreign judgments in commercial matters on the territory of Russia and Belarus. Authors deeply scrutinized a wide range of legal documents including domestic legislation, bilateral and multilateral international treaties of regional character in order to show the convergences and divergences in Russian and Belarus procedural law concerning participation of foreign persons in international commercial litigation.

scholarly journals Legal capabilities of a defense attorney to obtain evidence in a foreign country in the context of international cooperation in criminal proceedings

2019 ◽  
pp. 127-139
Author(s):  
Iryna Bihunets
Keyword(s):  
International Cooperation ◽  
International Crime ◽  
Foreign Country ◽  
Defense Attorney ◽  
International Treaties ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Legal Documents ◽  
Legal Provisions ◽  
Domestic Legislation

Modern domestic criminal-procedural practice often "meets" cases where criminal proceedings are instituted in the territory of Ukraine, requiring evidence from certain authorities and institutions in the territory of other states. In this regard, the issues addressed in this article will directly or indirectly address the study of the defense counsel's power to obtain evidence in the territory of a foreign country in the context of international criminal proceedings. This area needs detailed research, because there is a need to detail the legal provisions, develop appropriate forensic recommendations. The main purpose of this article is based on the scientific and theoretical analysis of certain aspects of the normative and practical exercise by defense lawyers of their powers to obtain evidence in the territory of a foreign country in the context of international cooperation during criminal proceedings. The article also analyzes some legal norms of domestic legislation and international treaties and agreements, which regulate the exercise of defense powers by lawyers, including in the context of international cooperation in criminal proceedings. In addition, the article presents the authors' own arguments and suggestions about the need to amend certain norms of the current legislative acts of Ukraine, in terms of providing the defenders with an effective legal opportunity to obtain evidence in the territory of a foreign country, during international cooperation, and the importance and relevance of the adoption of relevant international legal documents that will facilitate the exercise of the authority of the defense party to gather evidence in the context of international crime investigations lnyh proceedings. Key words: powers of a defense attorney, obtaining evidence in the territory of a foreign state, international cooperation during criminal proceedings.

scholarly journals Obtaining evidence on the territory of a foreign state in the context of international cooperation during criminal proceedings: legal opportunities of defendant lawyer

Legal Ukraine ◽  
2020 ◽  
pp. 47-54
Author(s):  
Iryna Bihunets
Keyword(s):  
International Cooperation ◽  
International Crime ◽  
Foreign Country ◽  
International Treaties ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Legal Documents ◽  
Legal Provisions ◽  
Foreign State ◽  
Domestic Legislation

Modern domestic criminal-procedural practice often «meets» cases where criminal proceedings are instituted in the territory of Ukraine, requiring evidence from certain authorities and institutions in the territory of other states. In this regard, the issues addressed in this article will directly or indirectly address the study of the defense counsel’s power to obtain evidence in the territory of a foreign country in the context of international criminal proceedings. This area needs detailed research, because there is a need to detail the legal provisions, develop appropriate forensic recommendations The main purpose of this article is based on the scientific and theoretical analysis of certain aspects of the normative and practical exercise by defense lawyers of their powers to obtain evidence in the territory of a foreign country in the context of international cooperation during criminal proceedings. The article also analyzes some legal norms of domestic legislation and international treaties and agreements, which regulate the exercise of defense powers by lawyers, including in the context of international cooperation in criminal proceedings. In addition, the article presents the authors’ own arguments and suggestions about the need to amend certain norms of the current legislative acts of Ukraine, in terms of providing the defenders with an effective legal opportunity to obtain evidence in the territory of a foreign country, during international cooperation, and the importance and relevance of the adoption of relevant international legal documents that will facilitate the exercise of the authority of the defense party to gather evidence in the context of international crime investigations lnyh proceedings. Key words: powers of a defense attorney, obtaining evidence in the territory of a foreign state, international cooperation during criminal proceedings.

Benchmarking the practices of flexibility with maturity models and frameworks of organizational capabilities

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sanjai Kumar Shukla ◽  
Sushil
Keyword(s):  
Information Technology ◽  
Comparative Analysis ◽  
Business Environment ◽  
Organizational Capabilities ◽  
Maturity Model ◽  
Human Capabilities ◽  
Maturity Models ◽  
Content Type ◽  
Wide Range ◽  
Flexibility Maturity

PurposeOrganizational capabilities are crucial to achieve the objectives. A plethora of maturity models is available to guide organizational capabilities that create a perplexing situation about what stuff to improve and what to leave. Therefore, a unified maturity model addressing a wide range of capabilities is a necessity. This paper establishes that a flexibility maturity model is an unified model containing the operational, strategic and human capabilities.Design/methodology/approachThis paper does a comparative analysis/benchmarking studies of different maturity models/frameworks widely used in the information technology (IT) sector with respect to the flexibility maturity model to establish its comprehensiveness and application in the organization to handle multiple goals.FindingsThis study confirms that the flexibility maturity model has the crucial elements of all the maturity models. If the organizations use the flexibility maturity model, they can avoid the burden of complying with multiple ones and become objective-driven rather than compliance-driven.Research limitations/implicationsThe maturity models used in information technology sectors are used. This work will inspire other maturity models to adopt flexibility phenomena.Practical implicationsThe comparative analysis will give confidence in application of flexibility framework. The business environment and strategic options across organizations are inherently different that the flexibility maturity model well handles.Social implicationsA choice is put to an organization to see the comparison tables produced in this paper and choose the right framework according to the prevailing business situation.Originality/valueThis is the first study that makes a conclusion based on comparative benchmarking of existing maturity models.

scholarly journals On Harmonization of Business Accounting and the SNA

2020 ◽  
Vol 27 (5) ◽  
pp. 16-22
Author(s):  
Yu. N. Ivanov ◽  
T. A. Khomenko
Keyword(s):  
Comparative Analysis ◽  
National Accounts ◽  
Information Base ◽  
Wide Range ◽  
Analytical Work ◽  
Two Systems ◽  
The Usa ◽  
The Russian Federation ◽  
Ministry Of Finance

The article considers a wide range of questions pertaining to possible and applicable harmonization of business accounting and the SNA which would, if implemented, facilitate the improvement of the information base for the compilation of national accounts and consistency of analysis of economy at micro and macro levels. The authors note that total harmonization of the two systems of information cannot be achieved due to diff erences in their key objectives. The harmonization of selected indicators and classifi cation, however, is possible and useful. In this context, the views on this matter of internationally-recognized national accounts experts, such as R. Ruggles (the USA) and F. Bos (the Netherlands), are commented on. A comparative analysis of concepts and defi nitions of some indicators of both systems is presented in the article. In particular, the diff erences between the income defi nitions. For instance, it is noted that the SNA defi nition of income is based on the concept developed by J. Hiсks and it excludes income from sales of assets and holding gains, whereas in business accounting this method is not adopted. The diff erences between two systems in defi nitions of sale of output, input, profi t and methods of valuation of indicators are also described in the article. The authors substantiate the possible directions and sequence of individual steps to the harmonization of the SNA and business accounting in the Russian Federation. They emphasize the need for close interaction between Rosstat and the Ministry of Finance of Russia in carrying out this vital work, which is necessary for creating single information, statistical and methodological space in Russia, to improve the quality of statistics and accounting, analytical work in general and management decisions.

scholarly journals New insights on the dynamics of the Sumatra and Mariana complexes inferred from the comparative analysis of gravity data and model predictions

2020 ◽  
Author(s):  
Arcangela Bollino ◽  
Anna Maria Marotta ◽  
Federica Restelli ◽  
Alessandro Regorda ◽  
Roberto Sabadini
Keyword(s):  
Comparative Analysis ◽  
Gravity Field ◽  
Wide Spectrum ◽  
Gravity Data ◽  
Gravity Anomalies ◽  
Phase Changes ◽  
Wide Range ◽  
Model Predictions ◽  
Dip Angle ◽  
The Masses

<p>Subduction is responsible for surface displacements and deep mass redistribution. This rearrangement generates density anomalies in a wide spectrum of wavelengths which, in turn, causes important anomalies in the Earth's gravity field that are visible as lineaments parallel to the arc-trench systems. In these areas, when the traditional analysis of the deformation and stress fields is combined with the analysis of the perturbation of the gravity field and its slow time variation, new information on the background environment controlling the tectonic loading phase can be disclosed.</p><p>Here we present the results of a comparative analysis between the geodetically retrieved gravitational anomalies, based on the EIGEN-6C4 model, and those predicted by a 2D thermo-chemical mechanical modeling of the Sumatra and Mariana complexes.</p><p>The 2D model accounts for a wide range of parameters, such as the convergence velocity, the shallow dip angle, the different degrees of coupling between the facing plates. The marker in cell technique is used to compositionally differentiate the system. Phase changes in the crust and in the mantle and mantle hydration are also allowed. To be compliant with the geodetic EIGEN-6C4 gravity data, we define a model normal Earth considering the vertical density distribution at the margins of the model domain, where the masses are not perturbed by the subduction process.</p><p>Model predictions are in good agreement with data, both in terms of wavelengths and magnitude of the gravity anomalies measured in the surroundings of the Sumatra and Marina subductions. Furthermore, our modeling supports that the differences in the style of the gravity anomaly observed in the two areas are attributable to the different environments – ocean-ocean or ocean-continental subduction – that drives a significantly different dynamic in the wedge area.</p>

scholarly journals “Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments

Lex Russica ◽  
2019 ◽  
pp. 84-103
Author(s):  
O. F. Zasemkova
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Draft Convention ◽  
The Usa ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Impact ◽  
The Eu

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.

scholarly journals Лексико-семантический анализ лексемы балтырған (с использованием материалов корпуса башкирского языка)

2020 ◽  
Vol 13 (5) ◽  
pp. 1406-1414
Author(s):  
Anita Sh. Ishmukhametova ◽  
Keyword(s):  
Comparative Analysis ◽  
Medicinal Plant ◽  
Cultural Heritage ◽  
Plant Species ◽  
Comparative Investigation ◽  
Medicinal Herb ◽  
Wide Range ◽  
Plant Names ◽  
The World

Identification of names of plant curatives and substances in folk and fiction texts shows close interactions between man and the world, attitudes of people towards nature. Research in phytonyms and medicinal plant names proper is most essential for the understanding of a nation’s cultural heritage. The paper examines the lexeme балтырған in Bashkir discourse. Materials. The analyzed materials include linguistic dictionaries, folklore and fiction texts of the Machine Fund of the Bashkir Language, and etymological dictionaries of Altaic languages. Goals. The study aims at a comparative investigation of the lexeme балтырған ‘hogweed’. Results. The term proves a widespread phytonym in Bashkir discourse, which is attested by that it denotes a wide range of plant species in Bashkir and has parallels in other Turkic and Mongolic languages. The lexeme is included in academic, explanatory, dialectal, phrasal, and mythological dictionaries of the Bashkir language. The comparative analysis shows that baltyrγan ‘hogweed’ usually denotes a plant of the order Apiales, a medicinal herb. Baltyrγan~ baltirγana contains the initial bal / baltïr / baldïr with the meaning ‘green, young, fresh’.

Budget systems of Russia and China: issues of legal regulation

2022 ◽  
Author(s):  
Al'bert Trofimov
Keyword(s):  
Public Finance ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Law And Economics ◽  
Legal Regulation ◽  
Republic Of China ◽  
Finance Management ◽  
Wide Range ◽  
The Russian Federation ◽  
Budget Systems

The monograph is devoted to the analysis of the patterns of development of modern legal regulation of budgetary systems in the Russian Federation and the People's Republic of China. The range of issues under study includes clarification of the structures of budget systems in selected jurisdictions, identification of the specifics of legal regulation of the formation and expenditure of extra-budgetary and budgetary funds, study of the features of the delimitation of powers of state (municipal) authorities for public finance management. A comparative analysis of the legal regulation of the budgetary systems of Russia and China is presented. For a wide range of readers interested in the issues of legal regulation of budget systems. It can be useful for students, postgraduates and teachers of law and economics universities.

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