DOI: 10.7256/2454-0765.2018.4.29999

Abstract: The article is devoted to comparative analysis of reinbursement systems used by the foreign states to compensate for injury. The aim of the research is to find promising areas for developing Russian laws, judicial practice and doctrine by using the experience of the foreign states. The subject of the research is the legislation and judicial practice as well as legal doctrines of Italy, Germany and Great Britain. The author uses the experience of the foreign states that have developed different approaches to defining the volume and nature of injury reimbursement. The methodological basis of the research is general philosophical (materialistic and dialectical), general research (logical, structured systemic, axeological), specific scientific (hermeneutical analysis and strategic assessment method) and special research methods (structural legal, comparative legal and formal legal methods). The author demonstrates that despite differences in their laws, Italy, Germany and Great Britain determine the size of income lost based on a combination factors and quite often do not require the proof of actual loss, neither they demand that an individual is deprived of a right for free health care. Thus, the 'non-material loss' doctrine is not limited to evaluation of moral and physical suffering of an individual but is aimed at returning an individual to the position he or she was in before the right was violated. The scientific novelty of the research is caused by the fact that the author describes prospects for improving Russian law and legal practice including a shift away from a traditional definition of non-material harm viewed mostly as moral suffering resulting from injury; substantiation of the need in integral assessment of lost capabilities and increased physical needs as a result of injury; refusal from the criterion 'no right for free health care' and adoption of the criterion of reasonable loss based on integral assessment of injury consequences. 

Keywords: insurance mechanism, treatment expenses, lost earnings, reimbursement system, ñomparative characteristics, reimbursement, health, harm, monetary value, working capacity

DOI: 10.7256/2454-0765.2017.2.22534

Abstract: Developing and using public finances have required special control of the government throughout the history. Starting from the early Islamic period and up to the present, there have been special control authorities in the sphere of public financies of the Arab World countries. The main purpose of these authorities is to defend the treasury of the state. The main difference between the Oriental financial control model and the Western one is that the Oriental system mainly follows the principle of social justice when creating and using public finances and that there is a clear distinction between state treasury funds and Ummah funds, each of them having their own revenues and expenses. The research is based on both Sharia provisions and theoretical findings of Medieval and modern scientists, specialists in the sphere of Muslim and financial laws and modern financial laws and regulations of the Arab World countries. This research is the first work to conduct an integral analysis of the financial control institution in the Arab World from the point of view of history. The results of the analysis allow to conclude that the financial control institution of the Arab World countries is the symbiosis between Muslim tradition and recent discoveries of the Western law. 

Keywords: Arab world, audit bureau, Court of Auditors, defterdar, bayt mal al-hassa, bayt al-mal, financial control, Sharia, Caliphate, Islamic law

DOI: 10.7256/2454-0765.2017.4.23967

Abstract: The article is devoted to the analysis of the current investor rights protection system in the Eurasian Economic Union countries. The rationale of the research is caused by the need to improve legal mechanisms that ensure the stability of banking systems. The subject of the research is the laws and regulations of the Russian Federation, Republic of Belarus, Republic of Kazakhstan, Republic of Armenia and Kyrgyz Republic. The author of the article analyzes the legal status of deposit insurance participants, grounds for compensation payment, and compares the amount of insurance compensation to the rate of national currency and gives evaluation of whether there are sufficient funds for paying compensation. The comparative law method used  by the author allowed to define the general and specific in the legal regulation of the deposit insurance system in the Eurasian Economic Union countries. The novelty of the research is caused by the fact that the author summarizes new laws as of July 1, 2017 and provides recommendations on how to develop them further. The author also proves the need to unify the amount of compensation and to speed up the payment procedure. In terms of the state law, the author suggests to introduce certain amendments to the law which would prevent abuse of parties that have the insider information. 

Keywords: Eurasian Economic Union, investor rights, payment procedure, banking legislation, bank, amount of compensation, investor, bank deposit, guarantee, insurance

DOI: 10.7256/2454-0765.2015.1.14811

Abstract: The subject of the article is social relations that form in the process of carrying out financial control in Russia and other countries. The article analyzes the definition, types and functions of financial control in Russia, provides classification of institutions of financial control and examines the experience of legal regulation of the government’s fiscal control in several countries, e.g. in Germany and the US. The author analyzes the peculiarities of organization of systems of financial control in the above-mentioned countries. The methodological basis of the study is the general scientific method of dialectical cognition, the method of comparing legal systems, the formal logical method and the logical methods of analysis, synthesis, deduction and induction. The author’s study allowed him to make the following conclusions: The legal regulation of financial control is determined by the form of the state structure. Thus, in federal states, two parallel systems of government control form – federal and regional, while regional institutions of government control are independent from the nationwide agencies of control from the point of view of their organization and functions. Besides, in Germany and the US, special attention is being paid to public control. In these countries, reports from individuals about illegal actions of the authorities like excessive use of budget funds are an effective measure that enables to prevent or terminate abusive actions of parties in financial legal relations.

Keywords: foreign countries, government financial control, control abroad, functions of control, types of control, financial control, control authorities, public control, Germany, USA

DOI: 10.7256/2454-0765.2015.1.66395

Abstract: The subject of the article is social relations that form in the process of carrying out financial control in Russia and other countries. The article analyzes the definition, types and functions of financial control in Russia, provides classification of institutions of financial control and examines the experience of legal regulation of the government’s fiscal control in several countries, e.g. in Germany and the US. The author analyzes the peculiarities of organization of systems of financial control in the above-mentioned countries. The methodological basis of the study is the general scientific method of dialectical cognition, the method of comparing legal systems, the formal logical method and the logical methods of analysis, synthesis, deduction and induction. The author’s study allowed him to make the following conclusions: The legal regulation of financial control is determined by the form of the state structure. Thus, in federal states, two parallel systems of government control form – federal and regional, while regional institutions of government control are independent from the nationwide agencies of control from the point of view of their organization and functions. Besides, in Germany and the US, special attention is being paid to public control. In these countries, reports from individuals about illegal actions of the authorities like excessive use of budget funds are an effective measure that enables to prevent or terminate abusive actions of parties in financial legal relations.

Keywords: foreign countries, government financial control, control abroad, functions of control, types of control, financial control, control authorities, public control, Germany, USA

DOI: 10.7256/2454-0765.2016.3.19661

Abstract: The subject of the present research article is the organizational bases of quasi-states of Northeast Asia's financial systems created in 1930 during the occupation of the region by the Japanese armed forces. Much attention is paid to the financial system of Manchukuo as a political phenomenon which was one of the first to be created on the continent and served as a model for similar state political organizations. The system of public financial institutions is studied and the functions and responsibilities of key government bodies are characterized. Based on rich archival material and data not published earlier in Russian academic journals, the author examines the stages of the development of the financial system, its ideological basis, levels (national, provincial, district) as well as highlights the specifics of financial management bodies construction in the administrative-territorial units with a special status. A significant part of the research is devoted to the issues of legal regulation of financial relations: normative legal acts regulating the state apparatus financing activities. At the end of the article the author provide a comparative analysis of the state system of Manchukuo with other political organizations and conclude about the identity of their financial systems as well as the effective policy of the occupying forces. The article is funded by the President of the Russian Federation Grants Council support of young Russian scientists and PhDs "Quasi-States of Inner Asia: The issue of statehood in the context of the struggle for self-determination of nations" (MK-6398.2016.6). 

Keywords: Administrative Yuan, Japanese occupying forces, public authorities, Mengjiang, Manchukuo, Northeast China, quasi-state, financial system, Ministry of Finance, financial policy

DOI: 10.7256/2454-0765.2016.3.68230

Abstract: The subject of the present research article is the organizational bases of quasi-states of Northeast Asia's financial systems created in 1930 during the occupation of the region by the Japanese armed forces. Much attention is paid to the financial system of Manchukuo as a political phenomenon which was one of the first to be created on the continent and served as a model for similar state political organizations. The system of public financial institutions is studied and the functions and responsibilities of key government bodies are characterized. Based on rich archival material and data not published earlier in Russian academic journals, the author examines the stages of the development of the financial system, its ideological basis, levels (national, provincial, district) as well as highlights the specifics of financial management bodies construction in the administrative-territorial units with a special status. A significant part of the research is devoted to the issues of legal regulation of financial relations: normative legal acts regulating the state apparatus financing activities. At the end of the article the author provide a comparative analysis of the state system of Manchukuo with other political organizations and conclude about the identity of their financial systems as well as the effective policy of the occupying forces. The article is funded by the President of the Russian Federation Grants Council support of young Russian scientists and PhDs "Quasi-States of Inner Asia: The issue of statehood in the context of the struggle for self-determination of nations" (MK-6398.2016.6). 

Keywords: Administrative Yuan, Japanese occupying forces, public authorities, Mengjiang, Manchukuo, Northeast China, quasi-state, financial system, Ministry of Finance, financial policy