Purpose: The article analyzes the concepts used in the institute of compensation for moral damage in Russia and the countries of the Anglo-Saxon law system.
Methodology: Various general scientific methods and the methods of logical cognition are used in the work: analysis and synthesis, system-ic, functional and formal-logical approaches. The development of conclusions was facilitated by the application of formal-legal and comparative-legal methods.
Result: The article reveals the grounds for compensation for moral damage in Russia, England, and the USA. The author refers to the similarities and differences of the institute of compensation for moral damage in these countries. The conclusion about the need for unification of the institution in various legal systems.
Applications: This research can be used for the universities, teachers and education students.
Novelty/Originality: In this research, the model of the compensation of moral damage in Russia and the Anglo-Saxon legal system countries is presented in a comprehensive and complete manner.
The article is devoted to the application of the class action institution in different countries and legal systems. The article deals with questions about the meaning of the institute of class action, interests protected with the help of it, positive and negative aspects of this institution are estimated. In addition, the article analyses characteristics and conditions of presentation of the class action. The research was conducted by using general scientific and specific methods of research including the analogy method, formal logical and comparative law methods. As a result, the Russian institute of class action, by its characteristics, is classified as a continental model. The analysis of the latest changes in Russian legislation reveals, at the same time, a tendency to converge with the Anglo-Saxon model of private class action.
This article analyzes the development of the environmental insurance legislation of the European Union and the Russian Federation. The advantages of this mechanism in matters of compensation for harm caused to the environment due to environmental offenses are determined. The analysis of Directive No. 2004/35 / CE of the European Parliament and the Council of the EU on environmental responsibility, aimed at preventing environmental damage and eliminating its consequences. A comparison of Russian legislation with the norms of environmental insurance adopted in the European Union is carried out. The conclusion is formulated that environmental insurance should become a priority direction of the state natural resource policy.
The article deals with the reasonableness of inclusion into legal science and system of law new complex branches of law. It often occurs in spite of the generally recognized principles of systems of law construction. The authors criticize the constant increase in the number of complex branches of law, assuming that complex branches can only exist in legislation. Isolation of complex branches in the legal system is an attempt to summarize the phenomenon on the basis of different methodological approaches. Formation of the system of law as opposed to the system of legislation is carried out on the basis of essential unity but not functional unity relations. Essential unity of social relations is characterized by the homogeneity of their qualitative characteristics due to socio-economic basis prevailing in a society. The building of the legal system on the basis of essential unity of the controlled relationship allows to apply a single method of legal regulation and to identify the presence of systemic relations between the norms of the individual branch of law and specific principles of legal regulation.
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