Russian Journal of Comparative Law

73-81

Authors: Timur Akchurin

One of the most important secondary sources in American legal system is a restatement of law. The nature of this source of law, its significance, contents and application are not studied well in Russian legal doctrine. The understanding of the place and role of the restatement of law in the legal system of the United States allows to comprehend in-depths the essence of American law taking into account the practice of application of legal provisions on the territory of the United States (including the international law provisions). The article analyses the nature, substance, role and place of the restatement of law in the American legal system and considers the Restatement of Foreign Relations Law of the United States (Third), its role and significance in more detail.

94-108

Authors: Insur Z. Farkhutdinov

The article gives a historical overview of the development of the idea of Pan-American law from two perspectives: one of the United States, and other of the Latin American countries. The dialectical struggle between anti-imperialist and imperialist aspects within the Monroe doctrine is revealed. Calvo-Drago doctrine is overviewed, noting its progressive character and essential compliance with the original meaning of the Monroe doctrine. International effect of the Drago docrine is compared to that of Calvo doctrine, as well as US successful efforts to deprive it of its original meaning is mentioned. Perspectives for the future development of both doctrines is outlined.

117-126

Authors: Luan Nguyen Thanh

The research focuses on analyzing the content of Land Law 2013 about recovery of agricultural land to develop socio-economic for national and public interest of Vietnam, which includes: Firstly, cases of agricultural land recovery by the State to develop socio-economic for national and public interest; secondly, the competence of state agency in decision of land recovery to develop socio-economic for national and public interest; thirdly, procedures applied for agricultural land recovery to develop socio-economic for national and public interest; fourthly, compensation upon land and land-attached assets for people whose agricultural land is recovered. Besides, this research also elucidates limitations raised from reality of executing these law provisions, then petition for modification with a view to completing Land Law 2013 following the direction of ensuring more and more interests for people whose agricultural land is recovered.

135-142

Authors: Ilya Vasilyev, Margarita Izmalkova, Raisa Khalatova

In the article, the authors refer to the practice of the Court of Arbitration for Sport (CAS) in cases of bringing clubs to disciplinary responsibility for the use of pyrotechnics by fans. Such disputes in the disciplinary practice of UEFA and CAS have features related both to the way the fan commits an offense and to the assessment of the seriousness of the act and respect for the principle of proportionality of the sanction. Resort to the decisions of the Court of Arbitration for Sport helps to get answers to these and some other questions of clubs responsibility for the use of pyrotechnics by fans. With the actual status of CAS in the field of sports law, it means bringing legal certainty to the regulation of the UEFA Disciplinary Regulations.

3-11

Authors: Anna Y. Ananeva

In the article the author describes audiovisual work format, discusses doctrinal points of view on the protection of the result of intellectual activity as an object of intellectual property rights. Then the author analyzes the judicial practice of the Russian Federation and foreign countries dealing with recognition audiovisual work format as object of copyrights. On the basis of the analysis, the author offers rightholders a number of recommendations for protecting their audiovisual work formats, as well as recommendations for characterizing audiovisual work format as a type of copyrighted work (dramatic work, script work, etc.). Finally, in view of the present judicial practice, the author concludes on potentiality for the audiovisual work format to gain legal protection as an independent type of work (object of copyrights).

22-31

Authors: Maria V. Kaurakova

The right to employment commonly considered as a privilege exclusive to individuals to dispose their capacity for work in the form they wish is the essential or fundamental unalienable individual right. In this quality this right is kept in all supreme laws of advanced states starting from the second half of the twentieth century making clear to all that the wage-earning labour is one of the most important phenomena produced by a social life to tie up members of different social groups. Thus it is enshrined in relevant legal forms (laws, codes, regulations etc.). Being a product of legislation and forming logically complete bodies of rules to deal with labour as a particular social phenomenon, these forms evidence of a separate field of law (labour law) in national systems of law. With respect to this it can hardly be necessary to state that in line with other fields of law underlying modern systems of law much has been changed in labour law since the time when this right of employment was first introduced into national law forms in the nineteenth century as a fundamental individual right of those closely connected with a territory of a corresponding community. Now we may say that there is little or sometimes even no connection between domicile and place of employment, when individuals change locations for a better life by crossing borders of different sovereign states. This accordingly affects concepts underlying labour law in national systems of law with a corresponding effect to labour environment. But what remains unchangeable is fundamental principles and rights at work to take appropriate measures in dealing with labour (nature, character and effect of this particular social phenomenon). These are universally accepted material law principles guiding and encouraging employees, employers and sovereign states around this increasingly interconnected world in accordance with a particular pattern. That is the balance of interests of capital and labour. The main idea is to prevent burdensome forms of work organisation in accordance with a general principle of our time advanced in most jurisdictions that the work should be adapted to the worker. For this very reason, in this short article we would like to take an opportunity to address the issue as to whether in the age of sanctity of property and labour, nature and character of employment exert substantial influence on private international law regulation, on devices used by legislators in this particular sphere of regulation. These are directly applicable rules, conflict of law rules, uniform material law rules and international jurisdiction rules, which make up a separate field of law in national systems of law to deal with legal and jurisdictional conflicts of the time and place arising in a private law sphere. Here we would also like to uncover the employment status of an individual in private international law paying particular attention to expression, recognition and protection of labour rights exercised on a cross-border basis and make practicable proposals. This all in order to try to think of tomorrow as well as of today private international law and treat accordingly particular legal issues coming before it.

41-49

Authors: Luan Thanh Nguyena, Ngoc Thi Ha

This paper focuses on analyzing and clarifying the emergence of land use rights in Vietnam as a legal creation for the implementation of land ownership by the entire people. The authors address such issues as the limitations of existing perspectives on the current legal nature of land use rights in Vietnam and on proving land use rights as a kind of rights in rems. At the same time, the article also specifies the components of land use rights as a kind of right in rems.

69-70

Authors: Pavel N. Biriukov

This paper is a review of the monograph by V.V. Kudryashov, published by INFRA-M in 2018 (Kudryashov, 2018). This 249-page monograph contains eight parts, an introduction, a conclusion and six annexes with author's translation of several international financial standards.