Contents # 4/2015

THE LAW AND LAW-MAKING IN FRANCE  Pdf 16

Gerard MARCOU

professor of the University of Paris 1 Panthéon-Sorbonne (Paris, France), doctor of law
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: office@izak.ru

The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France - outside the Government activity law-making - “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making - the openness - it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental law-making in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio - economic development of the country, relevant to the international-legal standards and the experience of foreign countries.

Keywords: law-making in France, reform of the legislative production, constitution, the object of reference of the legislature, regulation, by-law regulation, decree, the European Union, the Ministry, agencies, an independent state agency, local government.

DOI: 10.12737/14262

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FEDERALISM: THE CONDITIONS FOR THE POSSIBILITY OF THE FORMATION AND MAIN CHARACTERISTICS  Pdf 16

PAULO ROBERTO BARBOSA RAMOS

professor of constitutional law and human rights at the Federal University of Maranhão (Brazil), master of law at the University of Santa Catalina, coordinator of the Master’s of law and justice institutions at the Federal University of Maranhão, prosecutor, doctor of constitutional law at the University of Sao Paulo, doctor of constitutional law of the department of constitutional law at the University of Granada (Spain)
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: office@izak.ru

The author analyzes the issues of appearance and consolidation of the idea of federalism in the Constitution of the various states and examines the characteristics of federalism. The Confederate state model has failed in the United States, as could not find a political formula that could justify the possibility of execution by the central government of its functions with the greatest efficiency. The adoption of a new formula for the exercise of political power in the USA by choosing representatives as well as the gradual accession of Member States allowed the US to overcome the disadvantages of the confederate model, which made it impossible to peaceful coexistence and effective state. The term “federal state” first appeared in German literature as most accurately reflects the context and the difference with the concept of “confederation”. As a new form of organization of the state a federal state was seen in the United States, and later in Sweden, Germany and Brazil. Despite the fact that the Americans are the creators of the phenomenon of federalism, the Constitution of the United States of 1787 does not contain any mention of the federation, federalism, or federal states. In any case, nothing takes away from the merits of Americans in the “invention of the formula” of federalism, which has undergone some changes depending on the location and the conditions which apply. The government, which wants to be called a federal, must have a constitution, two spheres of political power, the incoming participants must have a certain autonomy, as well as the opportunity to participate in the decisions of the central government also requires the Constitutional Court to deal with emerging conflicts. The federal system has made a great contribution to the history of mankind: the decision of the state of conflict with the help of legal organization, for which all parties recognize the right of the last word in matters of distribution of powers between the States.

Keywords: federalism, federation, confederation, an international treaty, the constitution, the public power, the United States, the US Constitution of 1787, the democratic regime, the separation of powers.

DOI: 10.12737/14263

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JUDICIAL AUTHORITIES OF CONSTITUTIONAL CONTROL AS “NEGATIVE LEGISLATOR” IN MODERN PRACTICE IN FOREIGN COUNTRIES  Pdf 16

I. Yu. OSTAPOVICH

associate professor of the theory and history of state and law chair of Gorno-Altaysk State University, doctor of law
1, Lenkin st., Gorno-Altaysk, Republic of Altay, Russia, 649000
E-mail: ostapovich7@mail.ru

In the modern context judicial authorities actively participate in the creation of legal norms acting as a negative legislator (repealing operation of an unconstitutional bill or abrogating a by-law). The article consistently reveals peculiarities of carrying out by judicial authorities of constitutional control over the “negative legislator’s” functions in the frame of Anglo-Saxon, American and European model. This activity is directly linked both with the right to interpret the provisions of the state’s Constitutional law, and the right to make decisions on compliance of legal norms with that law. Difference is possible in relation to the volume of interpretation, consequences of decision-making as part of the subsequent constitutional control, and also different roles of judicial bodies. The article analyzes in detail constitutional and legal sources of such countries as Great Britain, the USA, Germany, Austria, Italy, Spain, Japan, Israel and Switzerland. The article also investigates various points of view of Russian and foreign scientists on this topic. Investigation of peculiarities in the process of building-up and development of the constitutional justice institute in Islamic states is of particular interest. It is noted in the study that it is not only Kelsen model (constitutional courts) that act as a “negative legislator”, but also other traditional models of bodies of constitutional control. The “negative legislator’s” functions performed by a body of constitutional control are inherent to any well-known model of its implementation, they have common features and at the same time certain particularities, conditioned by the structure of a national legal framework.

Keywords: judicial authority, constitutional control, “negative legislator”, constitutional court, supreme court, amparo.

DOI: 10.12737/14265

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“AN ACTE FOR LAWES AND JUSTICE TO BE MINISTERED IN WALES IN LIKE FOURME AS IT IS IN THIS REALM” AND PROBLEMS OF INCORPORATION OF WALES IN THE ENGLISH KINGDOM  Pdf 16

M. E. LOSHKAREVA, E. A. DOLKOVA

M. E. LOSHKAREVA, associate professor of theory and history of law and state chair of Nizhny Novgorod branch of the National Research University «Higher School of Economics», doctor of historical sciences
25/12, Bolshaya Pecherskaya st., Nizhny Novgorod, Russia, 603005
E-mail: mloshkareva@hse.ru

E. A. DOLKOVA, student of Nizhny Novgorod branch of the National Research University «Higher School of Economics»
25/12, Bolshaya Pecherskaya st., Nizhny Novgorod, Russia, 603005
E-mail: eadolkova@edu.hse.ru

The article is devoted to “An Acte for Lawes and Justice to be ministered in Wales in like fourme as it is in this Realm” (27 Henry VIII c. 26) and “An Acte for certaine Ordinaunces in the Kinges Majesties Domynion and Principalitie of Wales” (34 and 35 Henry VIII c. 26) which incorporated Wales to England, extended the legal system of England to Wales and introduced the norms of English administration. These Acts are considered as a part of the Tudor’s state formation, which was characterized by colonialism and by the intention to create a single state and a single legal jurisdiction. In this article authors analyze main causes of these acts’ creation and preparation stages for the Wales’ incorporation to England. Act of Union ended the distinction between the principality and the March, abolished privileges of the Lords of the March, established new administrative division into counties and provided Wales with representation in Parliament. According to the Act of Union 1535 English became the only language of the courts of Wales. The next Act of 1542 established new system of courts in Wales, as a result Wales got some elements of self-government.

Keywords: legislation, Wales, Act of Union, Welsh March, incorporation, colonialism, Henry VIII, state formation.

DOI: 10.12737/14267

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SECURITY PROPERTY OR THE INSTITUTE OF PLEDGE ACQUISITION ACCORDING TO THE CIVIL LAW OF ESTONIA  Pdf 16

S. A. SINITSYN

leading research fellow of civil law and process department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of law
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: synss@mail.ru

Legal regulation of proprietary interest in Estonia is associated with adoption of the Law “On the Proprietary Interest” in 1993, which has established the legal framework of the systemic proprietary interest regulation in the Estonian civil law. It must be noted that this law is distinguished by its substantive elaboration of general provisions on proprietary interest and individual elements of the system of proprietary rights (ownership, limited proprietary rights, possession), is prepared on the basis of consistent terminology and with the use of a ramified framework of categories and concepts of civil law. Insight into contents of the Law “On the Proprietary Interest” leaves no doubt as to its long-term elaboration and discussions, with involvement of the legal community and foreign experts, which, it is logical to assume, should have preceded its adoption. However, the reality is that the adoption of the Estonian law “On Proprietary Interest” was a rapid revolutionary step of the national legislators in the post-Soviet space, in the conditions of the crashed system of the socialist civil law and its guiding principles, which, in principle, had not been aware of any regulation of the system of proprietary rights and its individual elements. It is, certainly, possible to assume that the Estonian legislation has borrowed the provisions and institutions which had been regulated by the 1940 draft Civil Code of Estonia, which had been drawn up on the basis of the 1865 Code of Civil Legislations of Baltic (Ostsee) Provinces. However, it is impossible not to see as well that the Estonian law “On Proprietary Interest” has also apprehended the modern traditions of the continental European private law in regulation of certain institutions of proprietary interest, which evidences another manifestation of trends of harmonization and integration of civil law in Europe.

Keywords: ownership, security property, limited proprietary rights, mortgage, pledge acquisition, proprietary interest, law of obligation, causal transactions (contracts with consideration) and dispositive transactions, proprietary agreement, regulatory powers of the pledge holder.

DOI: 10.12737/14269

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PENSION INSURANCE REFORM IN CROATIA AT THE PRESENT STAGE  Pdf 16

V. P. SHRAM

senior research fellow of foreign civil law department of the Institute of Legislation and Comparative Law under the Government of Russian Federation, doctor of economics
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: foreign3@izak.ru

The article analyzes the pension insurance reform in Croatia, which marked the beginning of a three-level pension system formation. The first level includes old-age pensions, disability pension and survivors pension as part of the compulsory pension insurance system. The second level includes pensions on the basis of the compulsory pension insurance with a saving element. The third level is based on the voluntary pension insurance system. The author reveals the conditions for granting non-contributory pensions, non-contributory pensions with a saving element as well as conditions for granting funded pensions. The article analyses the new formula for calculation of non-contributory (funded) pensions, which was initially introduced as part of the Pension Insurance Law in 1998. The article displays fundamental changes in the pension insurance system, which led to the formation of compulsory pension funds and non-governmental pension funds. Special attention is paid to the formation in compulsory pension funds of capitalized savings of the insured parties as part of the compulsory pension insurance and to the procedures for payment of funded pensions with a saving element. The article reveals the reasons for adopting in 2013 and 2014 of pension laws, the implementation of which will determine the improvement of the pension insurance system in Croatia. The article reviews the conditions for the formation of compulsory and voluntary pension funds. Special attention is paid to the participation of the insured parties aged up to 40 years in compulsory pension funds, which are divided into three categories depending on the extent of risk management during investing of the insured parties’ savings. Besides general scientific methods (analysis and synthesis), the author also applied in the article private law research techniques, in particular, formal logical, theoretical, comprehensive legal, historical and comparative law methods. Scientific novelty of the work is in its integrative and comprehensive approach to the analysis of the Croatian pension system development, which is formed on the basis of a three-level system of pension insurance. The analysis of the pension insurance norms and law enforcement practice in the modern period is of great scientific and practical importance. The research findings should contribute to the development of proposals on the creation in the Russian Federation of a pension system, which is adequate to the country’s modern social-economic development and which complies with the international and legal standards of social security and foreign states’ experience.

Keywords: pension reform, pension insurance, pension system, voluntary pension insurance, funded pension, compulsory pension fund, corporate pension plans, insurance contributions, capitalized savings, pension agreement.

DOI: 10.12737/14270

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FUNCTUS OFFICIO — LIMITS OF JUDICIAL DISCRETION IN COMMON LAW SYSTEM ON REVIEWING JUDICIAL ACTS AFTER THEIR PASSING AND SERVING  Pdf 16

S. V. GLANDIN

lecturer of international law faculty of the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation, doctor of law
4, Bolshoy Kozlovskiy pereulok, Moscow, Russia, 107078
E-mail: glandin@yandex.ru

As opposed to Russia, wide scope of judicial discretion is characteristic to the common law states. Recently Great Britain has started to apply in practice forwarding of draft judicial acts to the parties to the lawsuit prior to their final issuance, as a result of which the parties have an opportunity to influence the judge, which may conflict with the principles of legal certainty and independence of judges. As opposed to Russia, where judicial discretion and judges’ rights to review final judgments are statute-restricted, in England the judges’ powers are not enacted into law and are being constantly concretized by case law. For the purpose of helping domestic lawyers to prepare for such surprises, this article investigates, on the basis of a number of recent cases, the modern doctrine of functus officio, types of judiciary acts, which are reviewed after their final passing and serving to the parties, as well as the scope of judicial discretion after issuing judiciary acts, and provides answers on case law in relation to the functus officio institute.

Keywords: functus officio, judicial discretion, abuse of discretion, reconsideration of judgments, common law states, the English law.

DOI: 10.12737/14271

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INTERNATIONAL TOURIST LAW: TENDENCIES AND DEVELOPMENT  Pdf 16

T. S. RAGIMOV

associate professor of international law chair of the Russian Peoples’ Friendship University, doctor of law
14, Marshal Fedorenko st., Moscow, Russia, 125599
E-mail: ragimov86@mail.ru

The article deals with the formation of the international tourist law, main sources and international and legal documents that regulate the tourism business. On the basis of international documents the author sets forth general principles of the international tourist law. The author also defines the legal status of a tourist and an international traveler on the basis of existing international conventions and agreements in tourism business. A number of international treaties, conventions, declarations, as well as resolutions of international organizations form the base of international legal regulation of tourism and international travel. Thus, Art. 24 of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations Organization on December 10, 1947, reads, in particular, as follows: “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay”. Article 12 of the Covenant on Civil and Political Rights, adopted by the UN General Assembly on December 16, 1966, confirms the right of each person to be free to leave any country, including his own. Resolutions and recommendations of the 1963 UN Diplomatic Conference on International Travel and Tourism deal with the promotion of tourism development in various countries of the world and simplification of formalities concerning tourism and international travel. In the modern context, tourism and international travel, as one of the forms of international economic relations, have gained a universal scale and have started to exercise significant influence on political, economic and cultural contacts between states and nations. The institute of the international tourist law is a body of principles and norms, regulating states’ activity in the sphere of tourism and international travel with the purpose of satisfying a wide range of people’s cultural and spiritual needs.

Keywords: international tourist law, international tourism and travels, tourist, visitor, sources of the tourist law, legal status of a tourist and an international traveler, international treaty, international custom, international conventions.

DOI: 10.12737/14274

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IMPLEMENTATION OF BILATERAL AGREEMENTS WITH THE EUROPEAN UNION IN CANADA  Pdf 16

P. V. DONTSOV

associate professor of international and european law faculty of the Voronezh State University, doctor of law
10a, Ploshchad Lenina, Voronezh, Russia, 394006
E-mail: PavelDontsov@yandex.ru

International agreements concluded during various historical periods between Canada and the European Union, European communities, as well as acts of domestic law of Canada adopted for the implementation of relevant rules of the international law, are the subject of this research. The aim of the study was to define models for the implementation of bilateral agreements between Canada and the European Union, the forms of their implementation in domestic law, and classification of existing and void agreements. The methodology used in the study includes formal juridical and legal, historical research methods, and the method of comparative law analysis. The author draws the conclusion that Canada concluded bilateral agreements at all stages of the European integration development since the 1959 Treaty between the Government of Canada and the European atomic energy community on cooperation in the peaceful uses of atomic energy and treaties between Canada and the European Economic Community about common and high-quality wheat, concluded in 1962. Currently, there are about 40 bilateral agreements between Canada and the EU (Communities), mainly in the sphere of economic, customs and scientific cooperation, carried out by Canada through “indirect implementation”.

Keywords: Canada, the European Union, European communities, bilateral agreements, forms of implementation, implementation, international law, plurilateral agreements, European integration, association.

DOI: 10.12737/14276

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OVERCOMING OF THE CONFLICT OF INTERESTS IN AGENCY RELATIONS  Pdf 16

N. V. VLASOVA

research fellow of private international law department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: pil2@izak.ru

The article considers the issues of legal regulation of overcoming of the conflict of interests in agency relations which could potentially occur when an agent acts as a counterparty of a principal in ordered transaction or when an agent concurrently represents different parties to the transaction (dual representation). The author refers to the review of soft law: UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law, Model Rules of European Private Law (Draft Common Frame of Reference). The author specifies the ways of overcoming of the conflict of interests in transnational relations between an agent and a principal, between an agent, a principal and a third party, which are inherent in international commercial practice and which are due to the awareness of a principal or a third party about the conflict of interests. The author examines the rules of the Civil Code of Russian Federation on the conflict of interests in agency relations which had been recently changed in connection with the adoption of the Federal law of 7th May 2013 No. 100-FZ “On amendments to the subsections 4 and 5 of section I of the first part and the article 1153 of the third part of the Civil Code of Russian Federation”. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional. The author concludes about the necessity of the following improving of Russian civil legislation in respect of overcoming of the conflict of interests in agency relations particularly on the base of progressive international practice. The author proposes to define stages and forms of consent of a principal to the actions of an agent in situation of the conflict of interests.

Keywords: agency, conflict of interests, agent, principal, UNIDROIT Principles, European Principles, Model Rules, Civil Code, presumption, transnational.

DOI: 10.12737/14277

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ACTS OF “SOFT” LAW AS REGULATORS OF PRIVATE LAW RELATIONS  Pdf 16

O. V. MURATOVA

junior research fellow of private international law deparment of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: olgbelusva@rambler.ru

The article covers the question of the enforcement of acts of “soft” law - unformal sources of regulation of public relations. It is pointed in the article, that though acts of “soft” law are not the sources of law in traditional understanding, such acts are important practical regulators of private-law relations. The author gives the common characteristic of acts of “soft” law, makes comparative analyses with legal acts. Although the most attention in the article is paid to the legal effect of the enforcement of acts of “soft” law, first of all, from the view of regulation of private-law relations. While preparing the article the complex of methods was used, which lay on the basis of systematical and dialectical concepts. The main conclusion of the issue is the acknowledgement of the fact of the exercising of influence by the acts of “soft” law on regulation of private-law relations. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional.

Keywords: transnational character, source of law, Hague Principles, European Principles, UNIDROIT Principles, code of rules, regulators, private-law relations, “soft” law, model rules.

DOI: 10.12737/14279

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CONCEPT OF FINANCIAL STABILITY IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES: LEGAL ASPECT  Pdf 16

N. A. POVETKINA, S. V. YANKEVICH

N. A. POVETKINA, associate professor of finance and tax law chair of Financial University under the Government of the Russian Federation, head of financial, tax and budget legislation department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of law
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: pna127@mail.ru

S. V. YANKEVICH, lecturer of financial, tax and customs law chair of the National Research University “Higher School of Economics”, senior research fellow of financial, tax and budget legislation department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: semyon.yankevich@gmail.com

This article is the research of the legal nature of the concept of “financial stability” with respect to the financial (public) relations. The paper comprises analyzes of the legal regulation of the concept at the international level - in the program documents of the United Nations and at the supranational level - in the treaties of the Member States of the European Union, the treaty of the Member States of the Eurasian Economic Union and the decisions of the Eurasian Economic Commission. The article presents a description of the concept of “financial stability”, provided for in the legislation of Great Britain, the USA, Germany, Poland, the Czech Republic and Sweden. The authors note that the concept of “financial stability” in the legislation of foreign countries has universal meaning: absence of instability of the financial system of the country, measures to prevent financial crises and minimization of their negative effects.

Keywords: financial stability, budget system, legal aspect, experience of foreign countries, risks, economic security.

DOI: 10.12737/14309

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ISSUES OF LAW ENFORCEMENT PRACTICE ON THE USE OF SPECIAL EQUIPMENT FOR PHOTO AND VIDEO RECORDING FOR IMPOSING ADMINISTRATIVE LIABILITY FOR TRAFFIC VIOLATION: COMPARATIVE AND LEGAL ANALYSIS OF LEGAL RULES ON ADMINISTRATIVE LIABILITY IN THE RUSSIAN AND FOREIGN LAW  Pdf 16

N. V. SUKHAREVA, P. V. PADEROV

N. V. SUKHAREVA, senior research fellow of administrative law and the process department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, an advocate in the advocate bureau “Sukharev and Partners”, associate professor, doctor of law
19, Leninskaya Sloboda st., Moscow, Russia, 115280
E-mail: n.sukhareva@advocacy.ru

P. V. PADEROV, post-graduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: kashawa@mail.ru

This article deals with the problem of using special technical equipment for automatic recording of traffic violations. The article draws attention to certain important issues concerning administrative liability of vehicle possessors (owners), when a traffic violation is recorded by special automatic equipment, in particular: special characteristics of a subject of administrative offense, exceptions to the «presumption of innocence» principle; peculiarities of administrative proceedings in such cases. When writing this article the authors used the method of comparative legal analysis. The article contains comparative analysis of administrative legal rules of the Russian Federation, and those of the Federal Republic of Germany and the Republic of Belarus. The main conclusion of the study performed is that lawmakers have not sufficiently examined the issue of imposing administrative liability on vehicle owners for the offenses, recorded by special technical equipment, operating in the automatic mode, which leads to some problematic aspects in legal regulation of relevant administrative relations.

Keywords: administrative offense, photo recording of administrative offenses, presumption of guilt, subject of administrative offense, liability of vehicle owners, video recording of administrative offenses, traffic rules, administrative law of the Federal Republic of Germany, Administrative Law of the Republic of Belarus, transport.

DOI: 10.12737/14310

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A REVIEW OF CERTAIN TYPES OF PERMISSIVE ACTIVITIES IN THE UNITED STATES OF AMERICA  Pdf 16

F. A. LESHCHENKOV

research fellow of foreign public law department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: morimoo@yandex.ru

In this article the author briefly inspects certain types of permissive system in the United States of America: registration of companies, accreditation and licensing. The article pays attention to procedure of each type of permissive system, to bodies, empowered to perform such procedures and to related documents. Features of American federalism in permissive system are taken into account. The article would be interesting for legal scholars, researchers of comparative and American law, lecturers, students and postgraduate students of legal high schools. This article features such scientific methods as analyze, summarizing, deduction, induction, analogy and logic. Scientific nuisance of the article is confirmed by the insufficient number of Russian publications concerning permissive system in America. The article is being actual due to review of most modern changes in American permissive system.

Keywords: law, legislation, licensing, registration, accreditation, legal act, organization, USA, system, business.

DOI: 10.12737/14311

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DISCIPLINARY RESPONSIBILITY OF STAFF OF INSTITUTIONS AND BODIES OF PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION FOR ADMINISTRATIVE OFFENSES: THEORETICAL AND PRACTICAL PROBLEMS, WAYS OF THEIR SOLUTION AND NEW LAW  Pdf 16

O. N. DYADKIN, A. V. KALYASHIN

O. N. DYADKIN, head of criminal law chair of Vladimir State University named after Alexander and Nikolay Stoletovs, doctor of law
26, Yubileynaya st., Vladimir, Russia, 600031
E-mail: krimvggu@mail.ru

A. V. KALYASHIN, associate professor of management and administration and legal disciplines chair of the Vladimir Law Institute of the Federal Penitentiary Service, doctor of law
13, Severnaya st., Vladimir, Vladimir region, Russia, 600902
E-mail: cav71@list.ru

The research subject is the legal nature of the institute of disciplinary responsibility of staff of institutions and bodies of penal enforcement system for their administrative offenses, and also its theoretical, practical problems, ways of their solution and new law. The objects of the research are the public relations settled by rules of law that emerge in the course of establishment, development and improvement of disciplinary responsibility of staff of penal enforcement system for administrative offenses. Taking into account the achievements in the theory of administrative law and the analysis of modern practice of administrative punishments' application, the authors review in detail administrative responsibility of special subjects: military personnel, citizens, called out for reservist training, and the law enforcement officers with special ranks. The authors draw attention to the analysis of a retrospective review, foreign experience of the former Soviet Union countries, employment and labour laws and new law of the legal phenomenon in question. The authors use general scientific and specific scientific cognitive methods, as well as special methodology: historical, formal legal, logical legal and comparative law methods. Scientific novelty of the essay is determined by interdisciplinary approach to studying the institute of disciplinary responsibility for administrative offenses. On the basis of the analysis of scientific and theoretic concepts and current legal enactments, the authors set forth their own definitions of the concept of “administrative responsibility of an employee of an institution or body of penal enforcement system (PES)”. As a result of the research, the authors come to the conclusion that the PES employees must bear administrative liability for committed administrative wrongful acts on the same basis as everyone else (as general public). Should disciplinary responsibility for the PES employees for the committed administrative offences be preserved, the authors propose: 1) to envisage conditions of the wrongdoing in their duty status; 2) to establish the obligation of jurisdiction subjects, who are granted with the right to impose administrative penalties, to forward the files on administrative offenses to bodies and institutions for bringing administrative actions, instead of imposing them themselves. On the basis of the performed analysis, the authors suggest extending Part 1, and additionally inserting Parts 3 and 4 to Article 25 “Administrative responsibility of military personnel, citizens, called out for reservist training, and persons with special ranks” of the Code of Administrative Offenses of the Russian Federation.

Keywords: administrative offense, disciplinary offense, legal responsibility, disciplinary responsibility, administrative responsibility, penal enforcement system, special ranks, employee of the penal enforcement system, administrative and legal delicts.

DOI: 10.12737/14312

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ANTI-CORRUPTION EXPERT EXAMINATION OF LAWS AND REGULATIONS AND THEIR DRAFTS IN THE RUSSIAN FEDERATION AND THE KYRGYZ REPUBLIC: COMPARATIVE AND LEGAL ANALYSIS  Pdf 16

E. R. ISLAMOVA

associate professor of prosecutorial supervision and participation of the public prosecutor in criminal, civil and arbitration cases chair of the St. Petersburg Law Institute (branch) of the Academy of the Prosecutor General of the Russian Federation, doctor of law
44, Liteyny prospekt, St. Petersburg, Russia, 193313
E-mail: alnara@yandex.ru

The article analyses the experience of the Russian Federation and the Kyrgyz Republic in implementation of the provisions of the UN Convention Against Corruption on the necessity to assess relevant legal documents in order to determine their conformity from the anti-corruption point of view. The article compares regulatory actions for the subject of anti-corruption expert examination, the concept of ‘laws and regulations’ as a subject of anti-corruption expert examination, powers of bodies and organizations that conduct the examination, methodology of conducting anti-corruption expert examination, response measures when corruptogenic factors are reveled. General and special methods form the basis of the research methodology: dialectic, comparative legal, analytical method and others that are used in juridical sciences. Following the results of the research, the author sets forth the conclusion that the legislation of the Russian Federation and the Kyrgyz Republic, regulating carrying out of the anti-corruption expert examination, requires improving: it is necessary to specify the subject of the anti-corruption expert examination, in the Russian Federation it is necessary to legislate the concept of a regulatory act, and in the Kyrgyz Republic, for the efficient corruption prevention, it is necessary to confer the powers to carry out the anti-corruption expert examination to State government bodies, not to scientific organizations.

Keywords: anti-corruption expert examination, prosecutor, laws and regulations, anti-corruption factor, methodological procedures for expert examination, Ministry of Justice, petition, corruption, anti-corruption, corruption prevention.

DOI: 10.12737/14313

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FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 AND MODERN LEGAL STANDARDS IN THE FIELD OF INFORMATION COLLECTION AND ACQUISITION BY U. S. INTELLIGENCE AGENCIES  Pdf 16

M. Yu. DUNDUKOV

doctoral student of the history of the state and law chair of the Lomonosov Moscow State University, doctor of law, associate professor
2, Akademik Bakulev st., Moscow, Russia, 117513
E-mail: receptum@list.ru

This article reviews the development process for the legislation, regulating the U. S. intelligence agencies’ activities in the field of electronic surveillance. The article displays the reasons which prompted U. S. lawmakers to pass the Foreign Intelligence Surveillance Act of 1978; it analyzes the provisions of the law, governing the conditions and procedures for obtaining judicial order or Attorney General authorization on the implementation of electronic surveillance. Considerable attention is paid to the evolution of legal standards, added to the Foreign Intelligence Surveillance Act after the events of September 11, 2001. In particular, it analyzes amendments and additions to the Foreign Intelligence Surveillance Act, introduced on the basis of the USA Patriot Act of 2001, Intelligence Reform and Terrorism Prevention Act of 2004, Protect America Act of 2007, and other laws. The article also shows the patterns of formation of the legislative balance between the interests of the intelligence services and the need to respect the constitutional rights and liberties of American citizens.

Keywords: electronic surveillance, judicial order, international communication, counterintelligence activities, national security, national defense, internal security, intelligence agency, agent of a foreign power, international terrorism.

DOI: 10.12737/14314

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ISSUES ON LEGAL PROTECTION OF PERSONS REPORTING CORRUPTION  Pdf 16

E. I. SPEKTOR, V. V. SEVALNEV

E. I. SPEKTOR, leading research fellow of the methodology of counteraction corruption department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of law
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: e-spektor@yandex.ru

V. V. SEVAL´NEV, senior research fellow of the methodology of counteraction corruption department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of law
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: sevalnev77@gmail.com

This research paper explores the issue of legal and institutional framework for the protection of persons reporting corruption offenses in the public interest and to the state. This research is based on comparative legal analysis of the legislation in Russia and China. Authors explore ways of communication (internal and external), the creation of protective mechanisms that ensure safety of persons reporting corruption offenses, and measures to support them. Besides, this research is also aimed at searching solutions for establishing compensation mechanisms for such persons for the suffered material and health damage, which can result from reporting corruption offense.

Keywords: corruption, corruption offense, law enforcers, China, message about corruption, safety of informers, compensation mechanisms.

DOI: 10.12737/14315

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CRIMINAL RESPONSIBILITY FOR ILLEGAL MONEY LAUNDERING UNDER FRENCH LEGISLATION  Pdf 16

A. A. MENSHIKH

senior research fellow of the foreign public law department of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of law
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: daloz@mail.ru

This article is dedicated to problems of criminal responsibility for money laundering under the French legislation. The author studies the French statutes on the matter and defines the actions treated as money laundering. The author notes that financial institutions’ employees are subject to more severe penalties. The author explores the development stages of the French financial system, which is historically divided into five stages. Since money laundering has become an international crime, the author refers to some examples of France’s international cooperation, as well as mentions both international and national bodies that deal with anti-money laundering. Financial bodies are under obligation to collect data on clients and sources of their funds, control clients’ operations which enables them to detect suspicious behavior.

Keywords: money laundering, funds, financial bodies, conventions, laws, codes, judiciary.

DOI: 10.12737/14316

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CONCEPT AND PECULIARITIES OF THE US OCCUPATIONAL SAFETY LEGISLATION  Pdf 16

A. S. KHABIBULLINA

lecturer of labor law and social security law chair of the Orenburg Institute (branch) of the Kutafin Moscow State Law University
50, Komsomolskaya st., Orenburg, Russia, 460000
E-mail: Neverova_oren@mail.ru

This article reviews topical issues of the US occupational safety legislation. The author highlights the following development stages for the legislative rules on occupation safety in the USA: 1) creation of the US occupational safety legislation in XIX century; 2) the US occupational safety legislation in XX century; 3) the US legislative rules on occupational safety adopted in XXI century. Special attention is paid to international standards on occupational safety and health, constitutional frameworks, federal and regional legislation on occupational safety. The US Occupational Safety and Health Act of 1970 is analyzed in depth: the adoption purpose, its scope, rights and obligations of employees and employers in the occupational safety sphere, responsibility for the violation of the occupational safety standards. The author groups all US states with regard to the legislative regulation on occupational safety relations as follows: 1) states where regional laws apply to the employees of private and state organizations; 2) states where regional acts are adopted only in public sector, while the US Act of 1970 is in effect in private sector; 3) states, where there are no special regional legislative acts and the US Act of 1970 is in force. The methodological framework of the research includes comparative and legislative analysis of the occupation safety legislation, which is one of the most important methods of the juridical science that allows identifying common pattern of legal development of the state for the purpose of theoretical understanding of various legal phenomena, as well as the necessity to resolve practical tasks facing not only national systems, but also the international community. Scientific novelty of the research involves highlighting the system of the US occupational safety legislation, which, being part of a labor legislation, represents a set of legislative acts that regulate the relations on ensuring the employees' lives and health in the process of engaging in labor activity. At the same time considering the issues on occupational safety legislation of two federal states - the Russian Federation and the United States of America, with reference to each other and in comparison, can allow taking into account and summarizing the experience of the two leading countries in the development and adoption of new regulatory acts that deal with occupational safety both inside the state - on the federal and regional levels, and on various levels of international legal regulation of labor.

Keywords: labor legislation, occupational safety, labor safety, the US labor legislation, international labor standards, labor hygiene, labor safety standard, unity and differentiation, regional legislation, International Labour Organization.

DOI: 10.12737/14317

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NEW STUDY IN THE SPHERE OF WATER-RELATED ACTIVITIES (Review of D. O. Sivakov’s monograph ‘‘Tendencies in Legal Regulation of Water-Related Activities’’. Moscow, 2012. 352 p.)  Pdf 16

V. I. KUZNETSOV

senior research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, doctor of law
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
E-mail: kuznetsov_v_i@mail.ru

The article is the review of D. O. Sivakov’s monograph “Tendencies in Legal Regulation of Water-Related Activities”. D. O. Sivakov is a leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, a specialist and author of researches in the sphere of water and environmental legislation. The author analyses the study under review from the perspective how this study assesses the role of the state in the water resources management. The author supports the reexamination by D. O. Sivakov of the conceptual framework of the water legislation through the lens of proposed legalization of the “water-related activities” concept. The author’s conclusion resulting from the comparison of practical experience in water bodies’ management in a number of foreign countries is worth noticing. As such, the author focuses on the public services by non-governmental organizations and entities of the parties to the water relations. In his study the author confines himself to a simple enumeration of powers of some state bodies in the water services sphere, which is evidently not enough for building a holistic picture of tendencies in the legal regulation of water-related activities.

Keywords: water resources, water legislation, water industry, water law, water-related activities, water-resource needs, state management, executive authorities, regime of bodies of water, water resources utilization system.

DOI: 10.12737/14318

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COUNTERACTION CORRUPTION: EXPERIENCE OF KAZAKHSTAN (Review of the Commentary to the Law of the Republic of Kazakhstan “On Fighting Corruption”. Ed. by N. N. Turetskiy. Astana, 2012. 192 p.)  Pdf 16

P. A. KABANOV, R. R. MAGIZOV

P. A. KABANOV, director of the Research Institute of Anti-corruption of Institute of Economics, Management and Law (Kazan), professor of the criminology chair of Nizhny Novgorod Academy of the Ministry of Interior of Russia, doctor of law
42, Moskovskiy prospekt, Kazan, Russia, 420000
E-mail: kabanovp@mail.ru

R. R. MAGIZOV, head of legal service of Naberezhnye Chelny Institute (branch) of Kazan (Volga) Federal University, associate professor FiBU chair of Kazan (Volga) Federal University, doctor of law
18, Kremlevskaya st., Kazan, Russia, 420008
E-mail: rustemleng@rambler.ru

The subject of the review is the Commentary to the Law of the Republic of Kazakhstan “On Fighting Corruption” on July 2, 1998. Scientific and practical importance of the undertaken research lies in the overall critical assessment of the Kazakhstan anti-corruption legislation and mechanisms of its implementation, as well as in the fact that certain anticorruption technologies (tools and mechanisms) can be borrowed by Russian law-making bodies and be used for the quality improvement of fight corruption.

Keywords: corruption, fighting corruption, the Republic of Kazakhstan, corruption offense, disciplinary offense, anticorruption restrictions, anti-corruption bans, anti-corruption mechanisms.

DOI: 10.12737/14319

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