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.

PROVIDING FREE LEGAL ASSISTANCE TO PERSONS SENTENCED TO IMPRISONMENT IN RUSSIA AND THE USA: A COMPARATIVE ANALYSIS

2021 ◽  
pp. 14-19
Author(s):  
Оксана Алексеевна Владимирова
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
The United States ◽  
Synthesis Methods ◽  
Legal Assistance ◽  
American System ◽  
The Usa ◽  
Legal Foundations ◽  
The Subject ◽  
Domestic Practice

Статья посвящена исследованию опыта оказания бесплатной юридической помощи осужденным к лишению свободы в США, а также проведению сравнительного анализа данного и отечественного опыта. Целью работы является изучение основных организационных аспектов и правовых основ оказания юридической помощи такой категории граждан, как осужденные, с целью установления закономерностей и выявления возможности использования положительных аспектов указанного опыта в российском законодательстве. Методы, использующиеся при написании статьи: диалектический, анализ, синтез, сравнительно-правовой. В статье последовательно изучается организация оказания бесплатной юридической помощи осужденным и их родственникам в различных регионах (штатах) США. Особое внимание уделяется субъектам оказания помощи, а также специфике отдельных механизмов и особенностей работы организаций по оказанию безвозмездной помощи осужденным. В качестве особенности американской системы оказания правовой помощи автор особенно выделяет предметный (специализированный) подход к вопросам оказания помощи - отдельные организации занимаются оказанием помощи по выбранному узкому кругу вопросов. Исследование российского опыта правовой помощи осужденным позволяет отметить некоторые преимущества. Вместе с тем, анализ проблем, существующих в системе оказания бесплатной юридической помощи осужденным к лишению свободы, позволил сделать вывод о необходимости совершенствования системы юридической помощи в России. В результате работы выявлен положительный опыт, возможный для применения в российском законодательстве. The article is devoted to the study of the experience of providing free legal assistance to those sentenced to imprisonment in the United States, as well as to the comparative analysis of this experience and that available in domestic practice. The purpose of this work is to study the main organizational aspects and legal foundations of providing legal assistance to such a category of citizens as convicts in order to establish patterns and identify the possibility of using the positive aspects of this experience in Russian legislation. Methods used in this study: dialectical method of cognition, analysis, synthesis, methods of comparative law. The article consistently examines the organization of the provision of free legal assistance to convicts and their relatives in various regions (states) of the United States. Great attention is paid to the subjects of assistance, as well as the specifics of individual mechanisms and features of the work of organizations to provide gratuitous assistance to convicts. As a feature of the American system of providing legal assistance, the author especially highlights the subject (specialized) approach to assistance issues - individual organizations are involved in providing assistance on a selected narrow range of issues. The study of the Russian experience of legal assistance to convicts reveals some advantages. At the same time, the analysis of the problems existing in the system of providing free legal assistance to those sentenced to imprisonment made it possible to conclude that it is necessary to improve the system of legal assistance in Russia. As a result of the work, a positive experience was revealed that could be applied in Russian legislation.

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 Comparative Analysis of Industry Expectations Related to Engineering Graduates in Poland and the United States

2020 ◽  
Vol 3 (1) ◽  
pp. 681-693
Author(s):  
Agnieszka Czerwińska-Lubszczyk ◽  
Michalene Grebski ◽  
Dominika Jagoda-Sobalak ◽  
Iwona Łapuńka
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Best Practices ◽  
The United States ◽  
Engineering Studies ◽  
The Usa

AbstractThe paper contains a comparative analysis of the competences needed to practice engineering in Poland and the United States (USA). Surveys of industries were conducted in Poland and the USA. Legal background of curricula was discussed. The surveys were done for the purpose of assessing the importance of competences as well as level of mastery those skills and attributes by engineering graduates. The results confirm differences in approach of entrepreneurs to graduates of engineering studies in Poland and the USA. In the USA entrepreneurs have higher expectations and the importance of individual competences is also different. The comparative analysis was done to identify the weaknesses in the engineering curricula and identifying the best practices.

scholarly journals Disability, Race, and the Black Satyr of the United States of America: The Case of Grover Underwood from Rick Riordan’s The Lightning Thief and its Film Adaptation by Chris Columbus

2019 ◽  
Vol 1 (1) ◽  
pp. 130-146
Author(s):  
Anna Mik
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Critical Race Theory ◽  
Motion Picture ◽  
United States Of America ◽  
The United States ◽  
Film Adaptation ◽  
Reception Studies ◽  
Race Theory ◽  
The Usa

This article aims to present the book-to-film metamorphosis of Grover Underwood from Rick Riordan’s novel The Lightning Thief (2005), adapted in 2010 by Chris Columbus for the screen. This character in both works is presented as an excluded member of the society: in the empirical world, as a disabled person, in the mythological one, as a satyr. What is more, in the motion picture, Grover, played by a Black actor, poses as an even more marginalised character, as a representative of a community discriminated in the USA. Therefore, the images of this character reflect the various levels of exclusion and show the ideological significance of a contemporary adaptation for the young audience. The comparative analysis is performed with the use of reception studies and critical race theory perspectives.  

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 A comparative analysis of the information duties in Belgian and American occupational pensions

2020 ◽  
Vol 22 (1) ◽  
pp. 39-63
Author(s):  
Marjolein Denys ◽  
David Pratt ◽  
Yves Stevens
Keyword(s):  
United States ◽  
European Union ◽  
Comparative Analysis ◽  
United States Of America ◽  
The United States ◽  
Occupational Pension ◽  
The European Union ◽  
Occupational Pensions ◽  
The Usa ◽  
The Right

Both the United States of America and Belgium attach great importance to communication duties in occupational pensions. Several legal sources in both countries provide the right to be informed to participants. The legislation in both countries seeks to ensure accurate, correct, transparent and understandable communication. Despite this resemblance, there are some differences in communication. The countries can learn from one another. Based on a theoretical framework developed in and for the European Union, the communication rights and duties in the USA and Belgium are analysed. This analysis leads to a better understanding of the different legal responsibilities, transparency rules, simplification efforts and technical correctness of the types of occupational pension information analyzed.

scholarly journals Peculiarities of the Contemporary State Youth Policies in Russia and the United States: Comparative Analysis

2021 ◽  
Vol 8 (2) ◽  
pp. 186-199
Author(s):  
Alexey S. Butorov ◽  
Roman A. Adlov
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Public Institutions ◽  
Youth Policy ◽  
Contemporary State ◽  
The Russian Federation ◽  
Local Levels

This article examines the main causes and processes for the development of US public youth policy due to legal regulation of governmental and public institutions. The research identifies the main legal terms used by American and Russian legislators and the systems of youth policy, analyze the mechanisms of functioning of state and public institutions for working with youth. In addition, the study provides examples of the implementation of youth policy in the United States and the Russian Federation at the federal, regional and municipal (local) levels.

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.

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.

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