Suchergebnisse

This article deals with the issues of regulation of property relations of spouses in private international law. The article deals with the conflict issues of marriage, as well as the contractual regime of a property of spouses. The article reveals the content of the Minsk and Chisinau conventions on property relations between spouses. In particular, the conventions say that the property relations between spouses are determined by the legislation of the Contracting Party in whose territory they live together. If the husband lives in one Contracting State and the wife in the other and both have the same nationality, the law of the country of which they are nationals governs their property relations. Attention is paid to bilateral agreements on legal assistance to States in the field of property relations between spouses. For example, such an agreement exists between Russia and Estonia, and it helps to resolve various property issues between spouses. The domestic legislation of different States regulates the issue of determining the regime of matrimonial property in different ways. For example, in the States of the Anglo-Saxon legal system and in most Muslim countries there is only a regime of separate property. On the contrary, in the States of the Romano-German legal system, preference is given to the regime of the common property of spouses, and it is possible to establish a different regime of property relations by agreement of the spouses. According to this principle, and developing family law in Russia.

Present research article is an abridged version of the Chapter I. in collective monograph "System approach to the study of international relations". Research paper covers the system analysis of international relations in contemporary scholarly discourse. It focuses on the specificity of the system analysis approach in the study of international political processes; theoretical propositions/ "developments" and analytical approaches of American, European, as well as Russian and Chinese scholars to the study of international systems were mainly scrutinized in this paper.

The increasing migration of population in the world is one of the urgent international problems. States make efforts to counter the illegal migration and to help people seeking asylum. This problem is the most challenging to tackle in the sea. The article reveals the contents of international cooperation and the role of international law in this field. The specific features of tackling illegal migration are analyzed within the various marine spaces: in inland waters, in the territorial sea and in the open sea. The issues of international cooperation on suffering refugees and other migrants in danger on the sea have been studied as well. International legal and organizational issues facing the world community are introduced and their separate solutions are offered. In the authors' opinion, the activities of states regarding migrants should be carried out in compliance with their legal status and particular situation. In any case, the migrants' status must be defined not on the sea but on the shore. If some people are in danger, they must be helped notwithstanding the legal status of the persons being rescued. Measures of criminal liability and other measures according to the legislation of states and international commitments must be applied to illegal migration organizers. It is important that the rules of international law, international organizations and international bodies recommendations that deal with the problems of migration should be carried out at the national level by means of upgrading related laws. It is also important to work out and to upgrade the subordinate regulatory legal acts concerning the questions of illegal sea migration counteraction, measures taken towards refugees and other asylum seekers, being present on board of the ships in distress. Accordingly, the issue is to be solved as to the attitude of states towards the migrants on board of the watercraft that do not comply with the seafaring security requirements that means that they are potentially in danger.

This is a review of the second volume of A. Battler's "Mirology". The author presents a critical analysis of theories of international relations in Western, Japanese, Chinese, Soviet and Russian science. Battler's theoretical research focuses on the analysis of the problem of power in international relations, progress and agency. Special attention is paid to the political economy of international relations. ; В рецензии анализируется второй том работы А. Бэттлера «Мирология» (Бэттлер А. Мирология. Прогресс и сила в мировых отношениях. М. : ИТРК, 2015. Т. II. Борьба всех против всех. 672 с.). Отмечается авторский критический анализ теорий международных отношений в западной, японской, китайской, советской и российской науке. Центральное место в теоретической разработке самого А. Бэттлера занимает анализ проблемы силы в международных отношениях, прогресса и субъектности. Особое внимание уделяется политэкономии международных отношений.

The relevance of the topic of a scientific article is related to the frequent cases in practice when there is a dispute over the application of the law of a particular state. With the help of the analysis of family law and private international law, a circle of subjects of legal relations is established that is connected with maintenance obligations complicated by a foreign element. In modern times there are many problems, in particular, the consequences of the dissolution of a marriage between spouses (one of whom is a foreign citizen) in the presence of minor children are poorly regulated internationally. The main problem in resolving issues related to alimony relations is the definition of applicable law. That is the law of which country (the right of citizenship of the husband's state or the right of citizenship of the wife's state) will be applied to resolve the dispute. In this paper, we will consider existing problems and offer our own vision of ways to solve such problems.

Russian scientists attach great importance to one of the fundamental principles of private international law – the principle of the closest connection. The concept of the closest connection was developed in England on the basis of case law, the rules of which were created by judges in court decisions on specific cases. The legislator has included the principle of closest connection to the civil code, however, in light of the changes it made in the reforms of 2013, the closest connection principle was assigned a secondary role in relation to the principle of characteristic performance. The main purpose of the principle of the closest connection is to find the law and order that can most effectively regulate cross-border relations. The court will have to determine the will of the parties to the contractual relationship, aimed at choosing the right. Therefore, a close relationship is established based on the court's assumption of what right the parties would have chosen if they had considered this issue. The principle of the closest connection, in connection with this approach, often loses its independent significance. Article 1187 of the civil code of the Russian Federation does not specify the conditions of its application, as well as the scope of its action. For this reason, the category of the closest relationship is universal and applies regardless of the nature of the cross-border civil relationship. Russian legislation does not have clear criteria for determining the closest relationship, which may lead to a subjective decision by the court. In this regard, the study of problems related to the application of the principle of the closest connection in judicial practice is undoubtedly relevant.

In the article there is given a general overview of the sources of the international sport law, which is a new dynamically developing branch of law. The author underlines that international sport law unites norms of international law and national legislation regulating sport relations of international nature.

The aim of this paper is to show the possibility of crafting a new theoretical model of international migration that would enable researchers to take into account the political settings of the early 21st century. In order to do so, the author firstly critically examines the mainstream theories of migration that dominate today's academic literature. As a result of this analysis, it is concluded that, despite of the fact that many of the proposed theoretical approaches are quite useful for understanding certain aspects of the migration process, when it comes to the task of analyzing international migration as a whole, no conceptual model exists. The paper demonstrates that apart from the theories that are focusing on only one of migration's dimensions, albeit the most significant from a particular disciplinary perspective, the introduction of a general model is a necessary step to reach a better understanding of the nature of contemporary migration processes. The author argues that such a model can be constructed using the theory of structural violence proposed by Johan Galtung and the concepts of human development and human security.

Раздел "Международные отношения" ; В статье проанализировано влияние идей национализма на содержание и характер международных отношений в прошлом и настоящем. Автор подчеркивает, что в условиях глобализации не исчезают проявления национального самосознания. Наоборот, в разных регионах планеты, включая территорию бывшего СССР, проявляется стремление к поиску национальной идентичности в крайней форме, что может привести к фашизации политических систем в отдельных странах. Такие тенденции подрывают основы международной безопасности, поскольку в перспективе в мире могут появиться десятки новых государственных образований. К сожалению, современные международные институты не уделяют данной проблеме внимания, и процесс носит в основном стихийный характер. = The article analyzes the influence of nationalistic ideas on the content and character of international relations in the past and at present. The author emphasizes that the manifestations of national identity do not disappear under globalization. To the contrary, various regions of the planet including the former USSR territory, demonstrate intense search for national identity in extreme forms which can lead to political systems becoming fascist in some countries. Such trends undermine the basis of international security since they may result eventually in emergence of scores of new states. Unfortunately, contemporary institutions do not pay sufficient attention to these problems, so the process bears a spontaneous character.

In this article, the author reveals the problems of the legal regulation of the international distribution contract and the legal settlement of the distribution contract in the legislation of the Republic of Uzbekistan.

In this article, the author reveals the problems of the legal regulation of the international distribution contract and the legal settlement of the distribution contract in the legislation of the Republic of Uzbekistan.