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MAIN PAGE > Journal "International Law" > Contents of Issue № 01/2017
Contents of Issue № 01/2017
International civil law/private law
Grigor'eva O.G. - Implementation and protection of family rights in the framework of international legal cooperation: history and ways of modernization pp. 1-9

DOI:
10.7256/2306-9899.2017.1.21824

Abstract: The author examines the Soviet and modern legal experience of the international cooperation in family matters; establishment and development of family law that regulates relations complicated by a foreign element, as well as formation of the international legal framework for such cooperation. The article provides the unique archive materials from the Archive of Foreign Policy of the Ministry of Foreign Affairs of Russia, which demonstrate the status of the law enforcements practice in the examined area. The work describes the continuity by the modern Russian legislator of the established over the Soviet period traditions of international cooperation in family matters.  The author suggest the ways for improving the existing family law in the aspect of international legal assistance. In particularly, the following proposals are made on introduction of the amendments to the Family Code of the Russian Federation: Federal Law “On Acts of Civil Status” and Federal Law “On Custody and Guardianship” that pertain to realization of the mechanisms of international legal assistance on family affairs.
Nikitin V.V. - Membership in the self-regulatory organizations as a factor of legal capacity pp. 10-18

DOI:
10.7256/2306-9899.2017.1.22342

Abstract: The focus of this research is the legal capacity of organizations that is defined in accordance with the various proper laws in the context of requirements to the membership in self-regulatory organizations (SRO). The amendments introduced into the Article 40 of the Civil Code of the Russian Federation within the framework of reform of the general part of the Civil Code, have established that the membership in SRO (admission to SRO) is henceforth a part of the capacity of legal entity. At the same time, the legal capacity of legal entities of foreign descent can be determined on the basis of their proper law in accordance with the Article 1202 of the Civil Code of the Russian Federation. The article resolves the question in which way it correlates with each other. The scientific novelty of this work consists in proposing of the solution to the problem of interconnection of the Articles 49 and 1202 of the Civil Code of the Russian Federation. Limitations associated with the membership in SRO along with the licensed limitations, are derived from the content of legal capacity of the legal entity, as well as viewed as the elements of public regulation of the entrepreneurial relations. In this case, they go beyond the reach of the foreign proper law and must submit to the administrative public regulation of their activity in the territory of Russian Federation.
International law and national law
Vinogradova P.A. - Legal grounds of application in court procedure of the jurisdictional immunities principles of a foreign state pp. 19-25

DOI:
10.7256/2306-9899.2017.1.18470

Abstract: The subject of this article is examination of the question of realization of the principles of jurisdictional immunities of a foreign state, as well as possibilities of attraction of private public institution towards the lawsuit based on private law. The goal of this work consists in the analysis of jurisdictional immunities concepts, provisions of international treaties in this field, and practice of various states regarding its restriction. The results of the review of the questions at hand allow generalizing the requirements of Russian legislation in the area of limitation of the jurisdictional immunities of a foreign state and legal grounds for its application in considering the disputes in the Russian courts. The scientific novelty is substantiated by the upcoming changes in the aforementioned area of legal regulation in Russia. The Federal Law No. 297-FZ  of November 3, 2015 “On the Jurisdictional Immunity of a Foreign State and Foreign State’s Property in the Russian Federation” alongside the Federal Law No. 393-FZ of December 29, 2015 “On Amending Certain Legislative Acts of the Russian Federation due to the Adoption of Federal Law On Jurisdictional Immunity of a Foreign State and a Foreign State’s Property in the Russian Federation” have become effective since January 1, 2016.
Komarov A.A. - Jurisdiction of transnational cybercrimes in the system of common law pp. 26-37

DOI:
10.7256/2306-9899.2017.1.20270

Abstract: The object of this article is the system of common low in the part that contains the legal institution of operation of criminal law in the legal space. Due to the specificity of common law, the subject of this article consists not just in the norms of the written (statutory) law, but also the judicial precedent that reveal the peculiarity of operation of the criminal law in the legal space. In this work, the area of scientific search is limited by the criminal legislation of two countries that most vividly reflects the historical essence alongside the features of common law: the United States and Great Britain. The work also touches upon the legislations of the countries of common law, which have the codified criminal legislation: Canada, Australia, and others. The scientific novelty consists in the fact that the analogous research are carried out not that often and until present day did not examine the questions of operation of the criminal law in the Internet. Therefore, the author for the first time has acquired a new, scientifically important result regarding the attitudes of the foreign legal experts in this sphere towards the previously conducted research pertaining to the Russian legislation. Multiple positions of the British and American legislation have been translated into the Russian language for the first time, as well as interpreted in terms of our research, which allowed formulating the specific practical conclusions.
Logvinova I.V. - Types of international cooperation of the constituents of federative states pp. 38-46

DOI:
10.7256/2306-9899.2017.1.21991

Abstract: The subject of this article is the types of international cooperation of the constituents of federative states. Russia is a federation, in which the federal center and the constituents of the Russian Federation consider the international connections as potential for mutually beneficial collaboration with the foreign partners; the experience of other countries can also be applied due to the actively developing foreign communications. For determination of the types of such cooperation, their legal grounds, and control on the part of the federal center, the author explored multiple legal sources of international and domestic law, as well as the specific regional practice of realization of the international connections. The examined topic is relevant due to the lack of comprehensive scientific works that allow identifying the forms of international cooperation of the constituents of federative states alongside their efficiency under the modern geopolitical circumstances. As a result, the author determines such forms of cooperation on the regional level, defines the limits of the possible participation of constituents of various federative states in the international activity.
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