Russian Journal of Comparative Law

82-93

Authors: Dusan Dabovic

The aim of this paper is to determine the character, method and causes of the globalization of law, that is, the contemporary phenomenon of the increasing harmonization of national legislations at a global level, primarily with international law, as well as with each other. In doing so, we have used the method of text analysis, formal-legal method, comparative method and statistical methods. The subject of our research is the relation between the general social process of globalization and the phenomenon of global harmonization of national legislations, in other words, the creation of the law proceeding from the harmonization of legal institutes, solutions and entire legal systems from international law or one country or culture, or to another country or culture, which is, in the legal theory, called "globalization of law". We have found that the character of the process of globalization of law should be positioned amongst the extreme views of the prominent authors in this field, and that the legal reception, primarily from international law, is the prevailing method of global harmonization of law. Also, the causes of the social process of globalization are simultaneously the causes of harmonization of national legislations at a global level. According to the type of factors, all causes of globalization of law are classified as objective and subjective. Furthermore, the characteristics of four groups of objective factors – technological, economic, political and cultural - have been presented, as well as significant examples. In addition to this, the characteristics of the group of subjective causes and the most significant factors of this group have been presented.

109-116

Authors: Oxana Lutkova

Attitude to parallel creation and its results, i.e. concurrent works, differs among various jurisdictions: from non-recognition (e.g. Italy) to recognition under certain conditions (e.g. Spain, Germany, United Kingdom, United States). The predominant view on the subject in Russian legal doctrine is the decisive non-recognition of the very possibility of parallel creation in copyright law; however, there are isolated opinions that run contrary to this well-established scholarly tenet, as well as legal practice which does not recognize concurrent works in the Russian Federation. In the context of a general relaxation of criteria for the copyrightability of authors’ works, individual court rulings, and attitudes of some Russian scholars, the prospects of granting official recognition to parallel creation and the copyrightability of concurrent works should be viewed as adverse – mainly because of the contradictions between this kind of approach to protectability and the concept of exclusive copyright which arises at the moment when a work is created, and serves to protect unique works that cannot be replicated independently.

127-134

Authors: Ngoc Ha Thi

In this article, the author focuses on analyzing the process of formation of the regime of consumer rights protection and the development of this legal regime in the Vietnamese legal system. Consumer rights protection is becoming a matter of primary concern of the Party and the State of Vietnam to ensure the legitimate rights and interests of consumers, promote the economy, stabilize and improve the quality living of people and in accordance with the provisions of international law. The article also outlines the legal basis for protecting consumers’ rights, consumers’ rights and obligations, security mechanisms, and forms of dispute resolution between traders and consumers; current status of implementing the law on protection of consumer rights in Vietnam today.