Comparative Law Analysis Research Articles

Comparative analysis of personal data law in the Russian Federation and the European union

The article compares some aspects of legal regulation (positive and sanctions) in the field of personal data of the Russian Federation and the European Union. The adaptation of the Russian legislation on personal data (in terms of positive regulation) to the European one is noted.

Amending China’s Notion of a “Consumer”: Lessons from Comparative Analysis of the PRC Consumer Protection Law

Who does the law treat as a “consumer” and why does it matter? How should China’s notion of a “consumer” best be articulated within the law and applied in practice? This article will attempt to answer these intriguing questions by first focusing on the approach taken to define a “consumer” in China’s Law on the Protection of Consumer Rights and Interests before examining the legal notion of a “consumer” in comparative perspective, in order to further understand the competing rationales behind the consumer protection law. This article will explore this Chinese definition of a “consumer” to propose how China’s vague and unworkable statutory definition of a ‘consumer’ should be amended in future.

Assessment of the Contribution of the Arctic Zone to the Economic Development of the Country

The scientific study examines the ways and methods of assessing the contribution of the Arctic zone to the level of economic development of the subjects of this zone and the country as a whole through the process of ensuring national security. The relevance of the study is due to the relationship between the indicators of territorial development of the subjects of the Russian Federation belonging to the Arctic zone and the indicator of the gross domestic product as a whole as the main indicator for assessing the level of economic development. The aim of the research is to improve the mechanisms for assessing the contribution of the Arctic zone to the level of economic development. The authors apply dialectical scientific cognitive methods based on a set of recognized private scientific and general scientific methods: formal logic, comparative law, statistics, and cross-sectoral legal analysis. The scientific novelty of the research lies in the identification of major risks that affect the processes of national security assurance in the Arctic zone, as well as their impact on national economic development and private business. The authors conclude about the potential of the Arctic zone for the formation of innovative projects with the growth of spatial risks, considering the peculiarities of the economy of the North. The results of this study may be used in practical activities by the state executive authorities of the Arctic zone in order to adjust existing regulatory documents, as well as to develop new directions of state policy in the field of ensuring national security in this region.

Evasion Restriction of Customs Payments in the Field of Customs Affairs

The main aim of the study is to analyze the basic problem of evading customs payments, which entails serious financial losses for the state budget. The article seeks to discuss the problematic issues of criminal liability for evading payment of customs duties levied on an organization or an individual, as a type of customs crime. Ways of legislative improvement of criminal law norms and aimed at combating crimes in the field of customs regulation is particular, with evasion of customs duties levied on organizations or individuals at the present stage, are proposed. The article provides an analysis of the criminal law on evasion of customs payments and smuggling, and shows a method for distinguishing related offenses using the example of evasion of customs payments and smuggling. The authors give for us a comparative analysis of the criminal law of the Russian Federation, providing for liability for smuggling and evasion of customs payments, and give the criminal legal qualification of these illegal acts. The characteristics of the elements of smuggling and tax evasion fees charged to the organization or individual are given. Based on the study, the authors draw conclusions about the development and improvement of legislation on tax evasion.

Genesis of citizens' rights and security

This study reveals the problem of protecting the rights of migrant workers in the CIS countries. The authors conduct a comparative analysis of international law in the context of the protection of the rights of migrants. The study demonstrates the priority use of bilateral international cooperation agreements that provide the necessary level of protection of the rights of migrant workers. In comparison with bilateral agreements between countries, international cooperation within the framework of bilateral regulation allows for a higher level of protection of migrant workers and their social security. The article demonstrates that the international legal field basically contains generalizing norms and provisions on the status, rights and obligations of migrant workers. On the other hand, the bilateral agreement is being concretized and relevant regulatory legal acts are being implemented more successfully.

A comparative law analysis of no-fault comprehensive compensation funds: international best practice & contemporary applications

A comparative law analysis of no-fault comprehensive compensation funds: international best practice & contemporary applications

A comparative human rights analysis of laws and policies for adolescent contraception in Uganda and Kenya

BackgroundImproving access to adolescent contraception information and services is essential to reduce unplanned adolescent pregnancies and maternal mortality in Uganda and Kenya, and attain the SDGs on health and gender equality. This research studies to what degree national laws and policies for adolescent contraception in Uganda and Kenya are consistent with WHO standards and human rights law.MethodsThis is a comparative content analysis of law and policy documents in force between 2010 and 2018 governing adolescent (age 10–19 years) contraception. Between and within country differences were analysed using WHO’s guidelines “Ensuring human rights in the provision of contraceptive information and services”.ResultsOf the 93 laws and policies screened, 26 documents were included (13 policies in Uganda, 13 policies in Kenya). Ugandan policies include a median of 1 WHO recommendation for adolescent contraception per policy (range 0–4) that most frequently concerns contraception accessibility. Ugandan policies have 6/9 WHO recommendations (14/24 sub-recommendations) and miss entirely WHO’s recommendations for adolescent contraception availability, quality, and accountability. On the other hand, most Kenyan policies consistently address multiple WHO recommendations (median 2 recommendations/policy, range 0–6), most frequently for contraception availability and accessibility for adolescents. Kenyan policies cover 8/9 WHO recommendations (16/24 sub-recommendations) except for accountability.ConclusionsThe current policy landscapes for adolescent contraception in Uganda and Kenya include important references to human rights and evidence-based practice (in WHO’s recommendations); however, there is still room for improvement. Aligning national laws and policies with WHO’s recommendations on contraceptive information and services for adolescents may support interventions to improve health outcomes, provided these frameworks are effectively implemented.

‘Donor-matching’ in Third-party Reproduction: a Comparative Analysis of Law and Practice in Europe

Abstract Medically assisted reproduction is of significant public and policy interest across Europe. Where use of donor gametes (eggs, sperm, or embryos) is required, some people may employ ‘donor-matching’, which seeks to establish phenotypic similarity between gamete donors and recipient(s). This article examines donor-matching focusing on methods used to match donors and recipients, reasons for its use, and laws and practices across several European jurisdictions. The discussion is informed by examination of relevant literature, regulatory instruments, and consultation with practitioners and experts, and aims to inform wider theoretical and policy debates. Differences in practice and issues that arise across jurisdictions are highlighted. That donor-matching has the potential to be used by people born as a result of third-party reproduction to identify their donor is also discussed. The authors conclude that the use of donor-matching raises complex issues for recipients and donor-conceived people alike, which must be considered when contemplating its use and regulation.

Child Pornography through Cyberspace - A Comparative Analysis of Laws and Criminal Justice Responses in India with USA, UK and Japan.

Child Pornography through Cyberspace - A Comparative Analysis of Laws and Criminal Justice Responses in India with USA, UK and Japan.

Child pornography through cyberspace - a comparative analysis of laws and criminal justice responses in India, USA, UK and Japan

Child pornography through cyberspace - a comparative analysis of laws and criminal justice responses in India, USA, UK and Japan

‘No pain, no gain’ – A comparative analysis of Austrian and Louisiana contract law concerning the correlation between risk-taking and irrelevance of original and continuing laesio enormis

For all contracts, the risk component is either the initial lack or the subsequent disruption of the value balance of services. Determining the conditions under which the value of the service and the consideration at the time of the contract’s conclusion (as a matter of invalidity) or at the time of the performance (as a matter of breach of contract) can be in proper balance may be both a legislative and an enforcement issue. If the band, within or around which the difference between the two values is not considered to be legally undesirable, is defined by the legislator, there is no discretion left to the application of thelaw. However, in the case of a generalised rule, i.e., where the legislator does not define disproportionality in terms of a specific ratio or range of values, it is at the discretion of the jurisdiction to decide on the question of proportionality. The rules of invalidity and of breach of contract as traffic safety criteria are expressly excluded by law for certain types of contracts, while in other cases, the law expressly authorises the parties to exclude these guarantee rules for their legal relationship by their commercial will, since their interests are precisely directed towards a higher degree of risk-taking. Where these rights are not based on law, the parties’ contractual intention must include the assumption of these rights. In the continental-rooted civil codes of the US-State of Louisiana, the problem is based on a body of law being fairly similar to that of Austria: Even the wording of the codes’ provisions is somehow identical. At the same time, it is remarkable that, compared to this legal environment, judicial thinking in litigation before the courts of the highest instances greatly differs.

Comparative Analysis of German and Saudi Arabian Patent Infringement Laws

Comparative Analysis of German and Saudi Arabian Patent Infringement Laws

A comparative legal analysis of the institutions of non-contractual liability in the two Koreas

The article provides a comparative legal analysis of the tort law of the Republic of Korea and the Democratic People’s Republic of Korea. The existing difference between the legal institutions of the two Koreas is considered, taking into account the influence of foreign legislation, among which special attention is given to the norms of the Russian Soviet Federative Socialist Republic (RSFSR). The author of the article shows that the historical roots of legal norms and the specifics of the political and economic system played a decisive role in the formation and development of the diametrically opposite institutions of tort law in the two Koreas. For example, the Civil Code of the Democratic People’s Republic of Korea, in contrast to the Civil Code of the Republic of Korea, establishes the principle of presumption of fault, which is a consequence of the direct and inevitable impact of Soviet law on North Korean legislation. Considering that, in contrast to bourgeois pre-revolutionary Russia, where, as in most Western countries and the Republic of Korea, the principle of the presumption of innocence in tort obligations was recognized, a change in the approach to fault took place in Soviet Russia due to socialist ideological factors. It was these ideological principles that formed the basis of the legislation of the Democratic People’s Republic of Korea. Meanwhile the Civil Code of the Republic of Korea from the very beginning was based on completely different principles, as was the case in most Western countries. In addition to general tort, this article studies the norms of special torts, among which the emphasis is on the norms on liability for harm caused by minors and for harm caused by activities that create increased danger to others. It is these norms that best reveal the differences in the legal policy pursued by the legislators in South and North Korea. As is the case with general tort, different ideological principles that form the basis of legislation in the two Koreas led to a difference in the law of special torts. Although at present, the gap between South and North Korean tort institutions is not critical, it will become a serious problem in the medium to long term, as it will negatively affect the potential for unification of the two Koreas.

Comparative analysis of Ukrainian and Estonian law in the context of adaptation to EU legal standards

Comparative analysis of Ukrainian and Estonian law in the context of adaptation to EU legal standards

Some aspects of the comparative analysis of the project Federal Law "On the General Principles of the Organization of Local Self-Government in the Unified System of Public Authority" and Federal Law No. 131-FZ dated 06.10.2003 "On the General Principles

Some aspects of the comparative analysis of the project Federal Law "On the General Principles of the Organization of Local Self-Government in the Unified System of Public Authority" and Federal Law No. 131-FZ dated 06.10.2003 "On the General Principles

Comparative analysis of Ukrainian and Estonian law in the context of adaptation to EU legal standards

Comparative analysis of Ukrainian and Estonian law in the context of adaptation to EU legal standards

Legal Framework of Right to Privacy: A Comparative Analysis of Western and Islamic Law

Legal Framework of Right to Privacy: A Comparative Analysis of Western and Islamic Law

Comparative analysis of Korean, English, and American laws and cases on child emotional abuse and neglect to identify decisional elements

연구목적: 한국, 미국, 영국의 정서적 학대와 방임 관련법과 판례 비교를 통해 국내법에 서 정서학대나 방임의 법적 정의에 있어서 개선이 필요한 부분을 확인하고자 함이다. 방법: 한국, 영국, 미국에서 정서학대와 방임에 대한 법적 정의를 찾아 정리하고, 국내 판례에서 해당 법 조항을 일관되고 명확하게 해석하고 적용하고 있는지를 확인한 후, 영국 및 미국의 법과 판례와 비교하여 개선할 부분을 찾아보았다. 결과: 명시적이고 구체적인 여러 근거 규정을 둔 영국과 미국법의 정서학대와 방임의 정의에 비해 국내법에서의 정의는 광범위하고 추상적이어서 그 해석과 적용을 법관의 판단에 맡기고 있었다. 판례에서 훈육 목적에서의 장애아동에 대한 학대를 정당화한 판례, 가정폭력 목격 시 아동을 학대하려는 고의성이 없다고 본 판례, 유아교육기관에서 우는 아동에 대한 조치를 취하지 않은 것에 대한 정서학대를 판결한 판례 등은 다른 판례와의 일관성을 찾기 어렵고 향후 유사사례에서의 판단이 쉽지 않아, 학대적인 상황으로부터 아동을 보호하는 데 한계가 있을 수 있다. 결론: 정서학대 및 방임 문제 해결에 있어서 그 효용성이 의문시되는 현행법상 정의를 보다 구체적이고 명확하게 하여, 정서학대와 방임에 대한 사회적 인식을 개선하고, 행위유형에 대한 이해와 감수성을 높일 필요가 있다.

Liability from the use of medical artificial intelligence: a comparative study of English and Taiwanese tort laws

Background: Modern artificial intelligence applications are appearing in healthcare and medical practices. Artificial intelligence is used both in medical research and on patients via medical devices. The aim of this paper is to examine and compare English and Taiwanese tort laws in relation to medical artificial intelligence. Methods: The methodologies employed are legal doctrinal analysis and comparative law analysis. Results: The investigation finds that English tort law treats wrong diagnostic or wrong advice as negligent misstatement, and mishaps due to devices as a physical tort under the negligence rule. Negligent misstatement may occur in diagnosis or advisory systems, while a negligent act may occur in products used in the treatment of the patient. Product liability under English common law applies the same rule as negligence. In Taiwan, the general principles of tort law in Taiwan’s Civil Code for misstatement and negligent action apply, whereas the Consumer Protection Act provides for additional rules on product liability of traders. Conclusions: Safety regulations may be a suitable alternative to tort liability as a means to ensure the safety of medical artificial intelligence systems.

The Relationship Between the European Union Law and the Double Tax Treaties

The European Union law (EU law) and the international law are two different but complementary systems. The variety of cases, the dynamic matter, as well as the many legislative changes both from international and national perspective in the field of direct taxes, gives rise to the necessity to delineate the boundaries between the EU law and the international law. This would help to ensure the proper law enforcement and to limit the possible conflicts between them. In the present paper, through a comparative legal analysis of the relevant case law of the Court of Justice of the European Union (CJEU), the scope of the EU law is derived, as well as its interaction with international law. This helps to draw conclusions about their relationship, and in particular in the observance of their hierarchy in practical cases.