Russian Journal of Comparative Law

Number 2 (2), 2014

40-45
General Directions of Ministry of Foreign Affairs and International Development of France

Authors: Pavel N. Biriukov

Abstract

View in PDF

Number of views: 356

The article deals with the Ministry of Foreign Affairs and International Development of France. There are in the Frances Ministry of Foreign Affairs and International Development the following general directorate: General Directorate for Political Affairs and Security; United Nations and International Organizations Directorate; Directorate for Strategic Affairs, Security and Disarmament; Directorate for Security and Defence Cooperation; Continental Europe Directorate; Directorate for North Africa and the Middle East; Directorate for Africa and the Indian Ocean; Directorate for the Americas and the Caribbean; Directorate for Asia and Oceania; Communication and Information Directorate. A number of national instruments, which regulates activity of Frances Ministry is given. In particular, it analyzes the provisions of the decrees of government of France. The main attention is paid to the description of the existing structure of Ministry and to the order of their activities.

46-59
Cooperation of Customs Service of the Czech Republic with Customs Authorities of the Foreign States

Authors: Ekaterina A. Khalapyan

Abstract

View in PDF

Number of views: 389

This paper deals with the activity of the Customs Service of the Czech Republic. Borders of the EU are abolished between member countries in relation to the trade of all goods (Article 28 of the Treaty on the Functioning of the European Union (TFEU). Between member countries customs duties, or charges having a similar effect, are forbidden. The author analyzes three main directions of cooperation of the Customs Service with foreign customs offices: a) interaction in the field of customs affairs; b) legal assistance in administrative "customs" matters; c) legal assistance in criminal "customs" matters. This article brings to light the regulation of the cooperation within the EU between customs services at the present stage. There is a balance between the rights and obligations for prevention of violations of the customs legislation and timely information support. National customs authorities are recommended to exchange important information on their own initiative. The Czech Customs Service uses all opportunities given by international treaties with the third states. The fact of carrying out the Customs Service of joint international operations testifies to efficiency of its activity. It raises thanks to high-quality interaction of law enforcement agencies, the anticipatory information arriving from colleagues, and also coordination in actions when carrying out joint actions.

60-70
Distinguishing the Institutes of Fundamental Change of Circumstances and Impossibility of Performance in Republic of Armenia Civil Law

Authors: Hayk G. Malkhasyan

Abstract

View in PDF

Number of views: 357

The present article addresses the issue of distinguishing between concepts of fundamental change of circumstances and impossibility of performance in Armenian Civil Law. Both concepts are recognized by the civil law but yet remain distinct in their nature, apply different criteria for relief and entail differing consequences. Thus impossibility due to force majeure excludes debtor’s responsibility for non-performance. Impossibility may also result in termination of the obligation. Whereas in the case of fundamental change the performance is not impossible, but excessively onerous and disbalanced due to an unforeseen and uncontrolled event. The fundamental change may result in termination or modification of a contract. In this sense the category of “economic impossibility” is analyzed, whith the conclusion that it should not be recognized by the courts. Evidence is presented to support the argument that impossibility rules apply only in cases of physical or legal impossibility, whereas the fundamental change rules are applicable to instances of economic hardship due to unforeseen event.

71-79
Requirements for Advertising in Armenia and Abroad

Authors: Levon A. Sargizov

Abstract

View in PDF

Number of views: 346

The article presents some of the requirements for advertising, as well as special advertising bans established by the RA legislation and a number of other countries (CIS countries, Lithuania, Latvia, Estonia, the USA, India and others). Particularly, there was held an analysis of the requirements for legality, reliability and propriety of advertising, as well as of the special requirements to advertising in various sectors. This paper considers some of the requirements that are absent in the Armenian legislation, but presented under the law of other countries. There was held an analysis of the international legal practice and considered some court cases in this area. Special attention was paid to the International Code of Advertising Practice and "caveat emptor" principle, which means "let the buyer be alert," used in the United States. In conclusion, there was presented a number of proposals for changes in the legislation of Armenia.

80-90
Issues of State Responsibility for Commiting an Internationally Wrongful Act by the Predecessor State

Authors: Eduard S. Sargsyan

Abstract

View in PDF

Number of views: 322

This article addressed the issues of succession to international legal responsibility arising as a result of the commission of an internationally wrongful act by the predecessor state, in the context of the unification of states. There was held an analysis of the international legal practice and case law on this type of succession, were identified two groups of unification: the cases of state annexation when the unification takes place via the use of force, and modern cases of unification of states, based on mutual agreement. The article reviewed in detail the judicial precedents resulting from the process of unification of Italy, the work of the Arbitration Commission between the United States and Great Britain in the case of R.E. Brown and Hawaiian claims case, a special attention is paid to the unification of Germany. The article outlines the main trends and characteristics of succession to the international legal responsibility of two groups of unification of states.