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MAIN PAGE > Journal "International Law" > Contents of Issue є 01/2021
Contents of Issue є 01/2021
International law and national law
Novikova S.A., Nadtochii I.O. - Problems of incorporation of the principles of international law into the system of normative legal support of social welfare of the Russian Federation and their impact upon training of personnel for social services pp. 1-9

DOI:
10.25136/2644-5514.2021.1.34903

Abstract: The subject of this article is the theoretical and practical aspects of application of the experience of other countries of the modern world (from the perspective of the concept) in the process of raising the effectiveness of social welfare system of the Russian Federation as a whole, and the system of training social workers in particular. Since the late XX century, key difference of the current stage of global development, and namely of international law is the gradual shift of legal norms and political practice away from the traditional concepts of economic, social and humanistic policy, which for a long time formed the fundamental discourses of the domestic and international social life. The author states the fact on the need accelerate inclusion of the Russian Federation into the global social cont1ext on both, theoretical and practical levels. Reception of the norms of international law, especially of humanistic nature, historically contributed to the improvement of legal systems of the so-called counties of “catch-up development”; in a certain way, the Russian Federation can also be attributed to this group. On the one hand, Russia has a rich tradition of creating the norms of perfect social legislation (including a fairly effective system of training social workers), whole on the other hand, in recent years we can observe the processes of “erosion” of social rights of the citizens.
International civil law/private law
Trinchenko K.O. - International adoption: lex adoptio and the plurality of connecting factors pp. 10-21

DOI:
10.25136/2644-5514.2021.1.35159

Abstract: This article analyzes the substantive law and conflict of laws law of such countries as Austria, Venezuela, Germany, Dominican Republic, Iceland, Spain, Canada (Quebec), Norway, Poland, Portugal, Switzerland, as well as bilateral agreements on legal aid, case law of the European Court of Human Rights, which demonstrates the presence general principles of law, as well as the principle of protecting the weaker party to the legal relationship, the principle of observance of best interests of a child established by the universal multilateral international agreements: Convention on Human Rights of 1950, Convention on the Rights of the Child of 1989, Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. The author examines the relevant issues of the conflict of laws regarding the manifestation of the conflict of jurisdictions, plurality of connecting factors in regulation of a set of private law relations associated with international adoption. The result of the conducted research consists in formulation of a special statute of adoption (lex adoptio), analysis of its legal nature and scope. In the context of examination of the procedure for establishing international adoption, the author identifies the problem of dépeçage (different issues within a single case are governed by the laws of different jurisdictions). A classification is provided to the combinations of plurality of connecting factors established by the legislation of foreign countries, as well as multilateral international agreement – the Inter-American Convention on Conflict of Laws Concerning the Adoption of Minors of 1984).
Integrational law and supernational associations
Vinokurov S.N. - The effect of the principle of good faith in the EU law upon English contract law during BritainТs membership of the European Union pp. 22-38

DOI:
10.25136/2644-5514.2021.1.35273

Abstract: The subject of this research is the effect of international legal representations of good faith reflected in the EU law upon English contract law pertaining to apparent borrowing and interpretation of this doctrine during Britain’s membership of the European Union. The author reviews the content of representations of good faith in English contract law, as well as probable changes of these views under the influence of EU law. The author determines the similarities and differences in interpretation of this concept in English common law during Britain’s membership of the European Union. A number of European directives that regulate international public relations and international private relations in the European Union contain the requirement of fair business practice and compliance with the requirements of good faith. Although, these acts had supremacy over British national legislation, which left a mark on English legal doctrine. The main conclusions consist in the establishment of versatile nature of the international legal concept of good faith of the EU law and the effect of representations of this concept upon the views of British legal experts in the field of English contract law. The article presents the contrary viewpoints on the content of requirements of good faith in the EU law and their perception by English contract law on the practical and doctrinal levels. The author also reveals certain common features and fundamental differences in interpretation of good faith in the EU law based on the EU normative acts and decisions of the European Court of Justice, as well as in the British landmark decisions and normative acts that regulate contractual relations in England and Wales.
Theory and philosophy of international law
Kagramanov A.K. - The principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law pp. 39-53

DOI:
10.25136/2644-5514.2021.1.35071

Abstract: The subject of this research is the place and role of the principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law. Analysis is conducted  on the basic questions of the theory of international law – correlation between the principle of self-determination with other peremptory norms (jus cogens) and moral-ethical categories. Special attention is given to the problem of building a hierarchy of the fundamental principles of international law. A bias towards one of them leads to the disruption of the international system and order, and any attempts to extract a single link out of closely related principles of the international law are doomed to fail. The conclusion is drawn that multiple experts in international law try to build the system by extracting key link, which raises serious doubts. The author believes that all the principles of international law are interrelated and equal. The emerged at the turn of the XX – XXI centuries international legal concept of the “Responsibility to Protect” is of crucial importance. The concept interacts with the principle of respect for the human rights. The author concludes that universalization of human rights at the current stage of development of the international law can reveal the new aspects of the problems of state sovereignty and the right to self-determination. The author warns against the attempts to universalize human rights by giving priority, along with other principles. The author follows the logic of correlation of the principle of self-determination with other fundamental principles of international law such as: nonintervention in the internal affairs and non-use of force or threat of force, sovereignty, peaceful settlement of disputes by all means known to international law, cooperation between states and diligent discharge of obligations in accordance with the international law underlie the solution to the problem of self-determination; if various aspects of this problem extend beyond a single state, then acquire international scale.
International civil law/private law
Butakova Y.S. - The peculiarities of English civil procedure pp. 54-69

DOI:
10.25136/2644-5514.2021.1.34795

Abstract: Each year in Russia, hundreds of thousands of agreements are concluded under the jurisdiction of English law, more precisely the law of England and Wales. Hundreds of transactions are structured in accordance with English law, and thousands of prenuptial agreements are concluded in compliance with English law. What is the reason for such high demand for English law? Is English justice better than Russian – most humane and fair in the world? The aforementioned questions are the subject of this research. The goal is to examine the peculiarities and stages of the English legal procedure, determine its strong sides, as well assess the possibility of their implementation into the Russian procedural realities. The relevance of the selected topic is substantiated by its novelty and insufficient study in the Russian scientific environment (the period from 2008 to the present marks virtually no research dedicated to English legal procedure. Research methodology consists of the theoretical methods, namely the analysis of primary sources of English court rulings, as well as theoretical explorations of a number of English and American authors. The conclusion is made on possibility and desirability of implementation of the experience of English justice into the Russian legal procedure in regard to circumventing the rule of prejudice, abuse of right while filing an appellate complaint, and violations of the arbitration clause by the parties.
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