Variances in the development of justice: com parative analysis of the leading Western court systems

The article deals with the problem of differences in the structure and functioning of court systems in the certain countries. Examples of these differences trace to the Ancient and Medieval history. Some model of explanation is proposed. Differences and interpretation of them are demonstrated concerning the contemporary court systems of the leading Western countries, including Great Britain, France, the USA, Germany, Scandinavian countries. The author concludes that reception of this or that foreign experience concerning Russian court system must be very carefully based upon full comparativist analysis touching not only comparative law, but comparative state studying and comparative political science.

Some decisions of the European Court of Human Rights and the Court of the European Union con cerning the right of asylum

The authors analyze certain cases considered in recent years by the European Court of Human Rights and the Court of European Union in Luxembourg and associated with providing of asylum to the third country nationals. In individual EU member states there are huge differences in the procedures and protective mechanisms for asylum seekers in their access to work, as well as in the use of mechanism of forced detention. Due to accession of the EU to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the EU should comply the standards set by the Council of Europe. The authors analyze the new approach of the Strasbourg Court in decision MSS v. Belgium and Greece unlike other "Dublin" cases. They also consider certain new judgements of the Court of European Union in Luxembourg, some of which were accepted in order of urgent prejudicial production.

The peculiarities of territorial consolidation of European states and the USA

According to S. Rokkan theory, the decisive impact on formation European states has the east-west axis (ensures identification with national political organization) and centre-periphery relations with dominant position of the centre. Asynchrony of the process of state formation and nation building gives grounds for definition three types of states: early (the state formation preceded the appearance of nation - France), late (the national identity was the base of state - Germany, Italy) and consociative (absence of the strong state and the united nation - the Netherlands, Switzerland). As the rule, on the European continent the state formation preceded the rise of nations and nationalism. The main differences between formation of the USA and European states are: the absence the competition between religious and secular power, territorial and economic barriers; the single language for communication. From the European point of view, the USA is the nation formed without state support. The success of the American state on the early stages of its development depended on rules of behavior, which implementation were provided by courts and political parties. In reference to democratization, in Europe it promoted the transition to political stage of state formation, in the USA - the search of compromise solution between confederation and federation.

Amicable Dispute Resolution: a comparison of the Polish and Russian legal perspective

The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.The article is devoted to Amicable Dispute Resolution (ADR). The essence of amicable means of dispute resolution and the basic forms of ADR (negotiation, mediation, arbitration) are considered. Author treats these forms as the first class justice. In his point of view mediation and the other basic forms of ADR are "the Complementary Forms of Justice". Then there is the detailed analysis focuses on the most important law acts concerning mediation in civil matters in Poland and the Russian Federation. The comparison presents the essential differences between the Polish and the Russian regulations. In conclusion, the five mainly motives of using ADR are noticed. The broader functions of ADR connected not only the classical regulatory, protective or harmonizing issues are shown.

Sources (forms) of law: comparative and histor ical analysis

The article examines a wide range of sources of law of different law families on the different stages of development of law and state. Several types of classification of law sources are found - by value and role of the source in law system, by its external appearance, by order of enactment and registration of the change in its content. By the role in law system several gradations of sources are discovered: main and additional, dominant and auxiliary. By appearance sources can be divided to written and unwritten, formal and informal, structured and unstructured. By order of enactment and registration of the changes sources can be divided to consensus, unilateral and sanctioned, sole, collegial and mixed, as well as flexible and rigid.

The social right in system of the right of Germany

The autor describes the social right as branch of public law in system of the right of Germany, development of the social right in Germany. The article shows the integrating role of the Code of laws about insurance of workers (1911) in Kaiser Germany and the first book of the Social code (1975) that united four spheres of social insurance in Germany. The author reveals the relations between social insurance (the social right) and other legal institutes.

International congresses of comparative law as a form of research activities: towards the 90th anniversary of the International academy of comparative law

The article is devoted to the reconstruction of the history of international congress of comparative law, the principles and mechanisms for their organization, the evolution of their program, as well as intermediate congresses and other forms of the International Academy of Comparative Law activities. The dynamics and geography of the publication of works of Congress are analyzed. The author concludes that IACL congresses are the form of exercise big-scale international research projects, reconstructs their stages and principles, compares them with projects within other international organizations.

Visas for international students: a comparative analysis of the legislation and the issuing of student visas in the United States and Germany Jacob Schoofs

The field of higher education has seen great increases in the mobility of international students over the last decades. Due to this trend, not only has global educational programming become increasingly important, but also, the development of appropriate visa regulations and schemes to support international students has come into debate. The F-1 visa in the United States and the Aufenthaltstitel for students in Germany are two cases, which are similar in many ways but different in others. Due to Germany’s status as a member state of the European Union, directives created at Union level, also have a significant impact on Germany's legislation. To be able to understand the procedure and benefits and/or disadvantages attained by the students themselves in each scheme, it is important to analysis the many aspects of the visa schemes. It's not better or worse, it’s just different’ is a phrase which, in the case of visa regulations, holds true. Important for both schemes however, is their ability to further the ideals of globalization through allowing student academic mobility.

Constitutional social state indicators: comparative analysis

The article discusses the idea of the social state and social activities of the state in comparativе terms. The author outlines the six constitutional signs (indicators), when you pin them in constitutions the state in terms of constitutional-legal approach could be considered social state. These signs are necessary but not sufficient. Real social state must fill them with actual content.

Trends in the development of Russian legislation in the light of comparative law

The article studies the main trends in the Russian legislation in line with the development of one of the most important areas of research is Comparative Law. The factors contribute to the interaction of national and international law. Particular emphasis is placed on the increasing influence of international law and legislation on national law and legislation. The tendency of the approximation of laws is the Commonwealth of Independent States, as well as the need to develop a model and framework legislation. The author notes the important role of comparative jurisprudence, the importance of which increases sharply in the present conditions as a kind of course, with which is possible to solve legislative problems and acting as an important means of harmonization of legislation in modern Russia. Found that the need to harmonize national and supranational legislation under interstate associations in accordance with international norms and standards is an admitted fact. The article concludes that the significant influence of comparative law to build a modern system of legislation of the Russian Federation. Development of domestic and international law and legislation reflects the direction of convergence of legal regulation that is leading the trend of development of Russian legislation in the light of comparative law.